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Home My WebLink AboutAgenda Packet - CC - 06/15/2020 2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Paul Moore Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, June 15, 2020 Regular Council Meeting Agenda 6:00 PM INVOCATION – Jason Howard, Chaplain for City of Milton Police and Fire 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. 20-166) 5) PUBLIC COMMENT (General) 6) CONSENT AGENDA MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 15, 2020 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 1. Approval of the May 4, 2020 Regular City Council Meeting Minutes. (Agenda Item No. 20-167) (Sudie Gordon, City Clerk) 2. Approval of Updated Financial Statements for Period 1-7 – October 2019- April 2020 for the Capital Grant Fund and the Revenue Bond Fund. (Agenda Item No. 20-168) (Bernadette Harvill, Finance Director) 3. Approval of a Construction Services Agreement with CW Matthews, Inc. for the Reconstruction and Resurfacing of the Roads Called Out in the Bid Document. (Agenda Item No. 20-169) (Robert Drewry, Public Works Director) 4. Approval of a Construction Services Agreement with Triscapes. Inc. for the Excavation and Repair of Sinkholes Located in the Right of Way at 320 Oakhurst Leaf Drive and 1250 Hopewell Crest. (Agenda Item No. 20-170) (Robert Drewry, Public Works Director) 5. Approval of a Contract between the Fulton County Finance Department and the City of Milton for Water Service at Cox Road Sports Complex. (Agenda Item No. 20-171) (Jim Cregge, Parks & Recreation Director) 6. Approval of a Contract between the City of Milton and AT&T to Move Circuits from 13000 Deerfield Parkway, Milton, Georgia to 2006 Heritage Walk, Milton, Georgia for the Phone System and to Increase Bandwidth for Improved Functionality. (Agenda Item No. 20-172) (David Frizzell, IT Manager) 7) REPORTS AND PRESENTATIONS 1. Presentation on Farm Wineries as it Relates to Chapter 4 – Alcoholic Beverages. (Sarah LaDart, Economic Development Manager) 8) FIRST PRESENTATION (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 15, 2020 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 9) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION 1. Consideration of the Issuance of an Alcohol Beverage License to Milton Scratch Fresh, LLC. 12890 Highway 9 N, Suite 160, Milton, Georgia 30004. (Agenda Item No. 20-173) (Bernadette Harvill, Finance Director) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS 1. Consideration to Adopt the Revised Milton Tree Canopy Conservation Ordinance and Tree Conservation Manual. (Agenda Item No. 20-157) (First Presentation at June 1, 2020 City Council Meeting) (Parag Agrawal, Community Development Director) 2. Consideration of An Ordinance of the Mayor and Council of the City of Milton, Georgia, To Adopt Amendments to the Fiscal 2020 Budget for the General Fund of the City of Milton, Georgia Amending the Amounts Shown as Expenditures, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 20-158) (First Presentation and Public Hearing at June 1, 2020 City Council Meeting) (Bernadette Harvill, Finance Director) 12) NEW BUSINESS (None) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 2. Information Services 14) EXECUTIVE SESSION (Land Acquisition) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 15, 2020 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 15) ADJOURNMENT (Agenda Item No. 20-174) CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 9, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Updated Financial Statements for Period 1-7 – October 2019 - April 2020 for the Capital Grant Fund and the Revenue Bond Fund MEETING DATE: Monday, June 15, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: F933301B-4A86-4421-AE1B-D535696DC472 X X X June 15, 2020 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on June 1, 2020 for the June 15, 2020 Regular Council Meeting Agenda Item: Updated Financial Statements for Period 1-7 – October 2019-April 2020 for the Capital Grant Fund and the Revenue Bond Fund Overview: The attached financial statement updates include revenue rollovers for project length accounts in the Capital Grant Fund and the Revenue Bond Fund that are to be recognized as part of the original budget for FY 2020. The impacted line items relate to revenue budgets for the following accounts: Capital Grant Fund: •Recreation Trail Program ($198,640) •Land & Water Conservation Grants ($200,000) •Smart Communities Grant ($65,191) Revenue Bond Fund: •Bond Proceeds ($19,106,563) All budget amounts listed were approved by Mayor & Council in FY 2019. This is simply a bookkeeping update to recognize the rollover of anticipated project length revenues that had not been received by the end of FY 2019 (September 30, 2019) and in turn have become anticipated revenues for FY 2020. Any adjustments to these budgets have been presented as part of the amendments discussed in the public hearing on June 1, 2020 and will be under consideration for approval on June 15, 2020. 1 of 15 DocuSign Envelope ID: 20B9993D-4700-4535-A573-1333C3CBFDFB Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Recreation Trail Program 198,640$ -$ -$ -$ (198,640)$ Land & Water Conservation Grant 200,000 - - - (200,000) LMIG Funds 405,528 - - - (405,528) Smart Communities 65,191 - - - (65,191) Trail Connection to Big Creek Greenway 400,000 - - - (400,000) Interest Revenues - - - - - Contributions & Donations - - - - - Total revenues 1,269,359$ -$ -$ -$ (1,269,359)$ EXPENDITURES Capital Outlay Public Works 1,383,489$ -$ -$ -$ 1,383,489$ Parks & Recreation 631,443 - - 11,300 620,143 Community Development 104,793 - - - 104,793 Total Capital Outlay 2,119,725$ -$ -$ 11,300$ 2,108,425$ Excess of revenues over expenditures (850,366)$ -$ -$ (11,300)$ 839,066$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfer Out to Capital Projects Fund - - - - - Budgeted Fund Balance - - - - -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (850,366)$ -$ (11,300)$ Fund balances - beginning 850,459 850,459 850,459 Fund balances - ending 93$ 850,459$ 839,159$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2019 2 of 15 DocuSign Envelope ID: 20B9993D-4700-4535-A573-1333C3CBFDFB Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ -$ Interest Revenues - - - - Contributions & Donations - - - - - Total revenues -$ -$ -$ -$ -$ EXPENDITURES Capital Outlay General Government Buildings 13,853,347$ 16,581$ 16,581$ 12,290,273$ 1,702,573$ Fire 3,706,563 - - - 3,706,563 Fiscal Agent's Fees - 113,221 113,221 113,221 (113,221) Issuance Costs - 153,052 153,052 153,052 (153,052) Bond Principal - 630,000 630,000 630,000 (630,000) Total Capital Outlay 17,559,910$ 912,854$ 912,854$ 13,186,546$ 4,512,863$ Excess of revenues over expenditures (17,559,910)$ (912,854)$ (912,854)$ (13,186,546)$ 4,512,863$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Revenue Bond Proceeds 19,106,563 19,376,026 19,376,026 19,376,026 269,463 Total other financing sources and uses 19,106,563$ 19,376,026$ 19,376,026$ 19,376,026$ 269,463$ Net change in fund balances 1,546,653$ 18,463,172$ 6,189,481$ Fund balances - beginning (1,546,653) (1,546,653) (1,546,653) Fund balances - ending -$ 16,916,520$ 4,642,828$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2019 3 of 15 DocuSign Envelope ID: 20B9993D-4700-4535-A573-1333C3CBFDFB Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Recreation Trail Program 198,640$ -$ -$ -$ (198,640)$ Land & Water Conservation Grant 200,000 - - - (200,000) LMIG Funds 405,528 - - - (405,528) Smart Communities 65,191 - - - (65,191) Trail Connection to Big Creek Greenway 400,000 - - - (400,000) Interest Revenues - 22 48 48 48 Contributions & Donations - - - - - Total revenues 1,269,359$ 22$ 48$ 48$ (1,269,312)$ EXPENDITURES Capital Outlay Public Works 1,383,489$ -$ -$ -$ 1,383,489$ Parks & Recreation 631,443 - - 11,300 620,143 Community Development 104,793 - - - 104,793 Total Capital Outlay 2,119,725$ -$ -$ 11,300$ 2,108,425$ Excess of revenues over expenditures (850,366)$ 22$ 48$ (11,253)$ 839,114$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfer Out to Capital Projects Fund - - - - - Budgeted Fund Balance - - - - -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (850,366)$ 48$ (11,253)$ Fund balances - beginning 850,459 850,459 850,459 Fund balances - ending 93$ 850,507$ 839,207$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2019 4 of 15 DocuSign Envelope ID: 20B9993D-4700-4535-A573-1333C3CBFDFB Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ -$ Interest Revenues - 1,786 1,786 1,786 1,786 Contributions & Donations - - - - - Total revenues -$ 1,786$ 1,786$ 1,786$ 1,786$ EXPENDITURES Capital Outlay General Government Buildings 13,853,347$ 921,851$ 817,135$ 12,460,501$ 1,392,846$ Fire 3,706,563 - - - 3,706,563 Fiscal Agent's Fees - - 114,971 114,971 (114,971) Issuance Costs - - 387,312 387,312 (387,312) Bond Principal - - 7,881,627 7,881,627 (7,881,627) Total Capital Outlay 17,559,910$ 921,851$ 9,201,044$ 20,844,411$ (3,284,500)$ Excess of revenues over expenditures (17,559,910)$ (920,065)$ (9,199,258)$ (20,842,625)$ (3,282,714)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Revenue Bond Proceeds 19,106,563 - 27,493,663 27,493,663 8,387,100 Total other financing sources and uses 19,106,563$ -$ 27,493,663$ 27,493,663$ 8,387,100$ Net change in fund balances 1,546,653$ 18,294,405$ 6,651,039$ Fund balances - beginning (1,546,653) (1,546,653) (1,546,653) Fund balances - ending -$ 16,747,753$ 5,104,386$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2019 5 of 15 DocuSign Envelope ID: 20B9993D-4700-4535-A573-1333C3CBFDFB Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Recreation Trail Program 198,640$ -$ -$ -$ (198,640)$ Land & Water Conservation Grant 200,000 - - - (200,000) LMIG Funds 405,528 - - - (405,528) Smart Communities 65,191 - - - (65,191) Trail Connection to Big Creek Greenway 400,000 - - - (400,000) Interest Revenues - 36 83 83 83 Contributions & Donations - - - - - Total revenues 1,269,359$ 36$ 83$ 83$ (1,269,276)$ EXPENDITURES Capital Outlay Public Works 1,383,489$ -$ -$ -$ 1,383,489$ Parks & Recreation 631,443 4,015 4,015 11,300 620,143 Community Development 104,793 - - - 104,793 Total Capital Outlay 2,119,725$ 4,015$ 4,015$ 11,300$ 2,108,425$ Excess of revenues over expenditures (850,366)$ (3,979)$ (3,932)$ (11,217)$ 839,149$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfer Out to Capital Projects Fund - - - - - Budgeted Fund Balance - - - - -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (850,366)$ (3,932)$ (11,217)$ Fund balances - beginning 850,459 850,459 850,459 Fund balances - ending 93$ 846,527$ 839,242$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2019 6 of 15 DocuSign Envelope ID: 20B9993D-4700-4535-A573-1333C3CBFDFB Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ -$ Interest Revenues - 24,563 26,349 26,349 26,349 Contributions & Donations - - - - - Total revenues -$ 24,563$ 26,349$ 26,349$ 26,349$ EXPENDITURES Capital Outlay General Government Buildings 13,853,347$ 777,398$ 1,594,532$ 12,460,501$ 1,392,846$ Fire 3,706,563 - - - 3,706,563 Fiscal Agent's Fees - - 114,971 114,971 (114,971) Issuance Costs - - 387,312 387,312 (387,312) Bond Principal - - 7,881,627 7,881,627 (7,881,627) Total Capital Outlay 17,559,910$ 777,398$ 9,978,442$ 20,844,411$ (3,284,500)$ Excess of revenues over expenditures (17,559,910)$ (752,835)$ (9,952,093)$ (20,818,062)$ (3,258,152)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Revenue Bond Proceeds 19,106,563 - 27,493,663 27,493,663 8,387,100 Total other financing sources and uses 19,106,563$ -$ 27,493,663$ 27,493,663$ 8,387,100$ Net change in fund balances 1,546,653$ 17,541,570$ 6,675,601$ Fund balances - beginning (1,546,653) (1,546,653) (1,546,653) Fund balances - ending -$ 15,994,918$ 5,128,949$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2019 7 of 15 DocuSign Envelope ID: 20B9993D-4700-4535-A573-1333C3CBFDFB Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Recreation Trail Program 198,640$ -$ -$ -$ (198,640)$ Land & Water Conservation Grant 200,000 - - - (200,000) LMIG Funds 405,528 444,773 444,773 444,773 39,245 Smart Communities 65,191 - - - (65,191) Trail Connection to Big Creek Greenway 400,000 - - - (400,000) Interest Revenues - 48 132 132 132 Contributions & Donations - - - - - Total revenues 1,269,359$ 444,821$ 444,904$ 444,904$ (824,455)$ EXPENDITURES Capital Outlay Public Works 1,383,489$ -$ -$ 45,000$ 1,338,489$ Parks & Recreation 631,443 - 4,015 11,300 620,143 Community Development 104,793 - - - 104,793 Total Capital Outlay 2,119,725$ -$ 4,015$ 56,300$ 2,063,425$ Excess of revenues over expenditures (850,366)$ 444,821$ 440,889$ 388,604$ 1,238,971$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfer Out to Capital Projects Fund - - - - - Budgeted Fund Balance - - - - -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (850,366)$ 440,889$ 388,604$ Fund balance - beginning 850,459 850,459 850,459 Fund balance - ending 93$ 1,291,349$ 1,239,064$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2020 8 of 15 DocuSign Envelope ID: 20B9993D-4700-4535-A573-1333C3CBFDFB Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ -$ Interest Revenues - 24,470 50,819 50,819 50,819 Contributions & Donations - - - - - Total revenues -$ 24,470$ 50,819$ 50,819$ 50,819$ EXPENDITURES Capital Outlay General Government Buildings 13,853,347$ 721,355$ 2,315,888$ 12,460,501$ 1,392,846$ Fire 3,706,563 - - - 3,706,563 Fiscal Agent's Fees - - 114,971 114,971 (114,971) Issuance Costs - - 387,932 387,932 (387,932) Bond Principal - - 7,881,627 7,881,627 (7,881,627) Total Capital Outlay 17,559,910$ 721,355$ 10,700,418$ 20,845,031$ (3,285,121)$ Excess of revenues over expenditures (17,559,910)$ (696,885)$ (10,649,598)$ (20,794,212)$ (3,234,302)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Revenue Bond Proceeds 19,106,563 - 27,493,663 27,493,663 8,387,100 Total other financing sources and uses 19,106,563$ -$ 27,493,663$ 27,493,663$ 8,387,100$ Net change in fund balances 1,546,653$ 16,844,065$ 6,699,451$ Fund balance - beginning (1,546,653) (1,546,653) (1,546,653) Fund balance - ending -$ 15,297,412$ 5,152,798$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2020 9 of 15 DocuSign Envelope ID: 20B9993D-4700-4535-A573-1333C3CBFDFB Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Recreation Trail Program 198,640$ -$ -$ -$ (198,640)$ Land & Water Conservation Grant 200,000 6,412 6,412 6,412 (193,588) LMIG Funds 405,528 - 444,773 444,773 39,245 Smart Communities 65,191 - - - (65,191) Trail Connection to Big Creek Greenway 400,000 1,080 1,080 1,080 (398,920) Interest Revenues - 48 179 179 179 Contributions & Donations - - - - - Total revenues 1,269,359$ 7,540$ 452,444$ 452,444$ (816,915)$ EXPENDITURES Capital Outlay Public Works 1,383,489$ 1,350$ 1,350$ 45,000$ 1,338,489$ Parks & Recreation 631,443 - 4,015 11,300 620,143 Community Development 104,793 - - 1,500 103,293 Total Capital Outlay 2,119,725$ 1,350$ 5,365$ 57,800$ 2,061,925$ Excess of revenues over expenditures (850,366)$ 6,190$ 447,079$ 394,644$ 1,245,010$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfer Out to Capital Projects Fund - - - - - Budgeted Fund Balance - - - - -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (850,366)$ 447,079$ 394,644$ Fund balance - beginning 850,459 850,459 850,459 Fund balance - ending 93$ 1,297,538$ 1,245,103$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2020 10 of 15 DocuSign Envelope ID: 20B9993D-4700-4535-A573-1333C3CBFDFB Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ -$ Interest Revenues - 23,993 74,812 74,812 74,812 Contributions & Donations - - - - - Total revenues -$ 23,993$ 74,812$ 74,812$ 74,812$ EXPENDITURES Capital Outlay General Government Buildings 13,853,347$ 440,585$ 2,756,473$ 12,460,501$ 1,392,846$ Fire 3,706,563 - - - 3,706,563 Fiscal Agent's Fees - - 114,971 114,971 (114,971) Issuance Costs - - 387,932 387,932 (387,932) Bond Principal - - 7,881,627 7,881,627 (7,881,627) Total Capital Outlay 17,559,910$ 440,585$ 11,141,003$ 20,845,031$ (3,285,121)$ Excess of revenues over expenditures (17,559,910)$ (416,592)$ (11,066,191)$ (20,770,219)$ (3,210,309)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Revenue Bond Proceeds 19,106,563 - 27,493,663 27,493,663 8,387,100 Total other financing sources and uses 19,106,563$ -$ 27,493,663$ 27,493,663$ 8,387,100$ Net change in fund balances 1,546,653$ 16,427,472$ 6,723,444$ Fund balance - beginning (1,546,653) (1,546,653) (1,546,653) Fund balance - ending -$ 14,880,820$ 5,176,791$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2020 11 of 15 DocuSign Envelope ID: 20B9993D-4700-4535-A573-1333C3CBFDFB Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Recreation Trail Program 198,640$ -$ -$ -$ (198,640)$ Land & Water Conservation Grant 200,000 - 6,412 6,412 (193,588) LMIG Funds 405,528 - 444,773 444,773 39,245 Smart Communities 65,191 - - - (65,191) Trail Connection to Big Creek Greenway 400,000 - 1,080 1,080 (398,920) Interest Revenues - 60 240 240 240 Contributions & Donations - - - - - Total revenues 1,269,359$ 60$ 452,504$ 452,504$ (816,855)$ EXPENDITURES Capital Outlay Public Works 1,383,489$ -$ 1,350$ 45,000$ 1,338,489$ Parks & Recreation 631,443 - 4,015 11,300 620,143 Community Development 104,793 - - 34,350 70,443 Total Capital Outlay 2,119,725$ -$ 5,365$ 90,650$ 2,029,075$ Excess of revenues over expenditures (850,366)$ 60$ 447,139$ 361,854$ 1,212,221$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfer Out to Capital Projects Fund - - - - - Budgeted Fund Balance - - - - -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (850,366)$ 447,139$ 361,854$ Fund balance - beginning 850,459 850,459 850,459 Fund balance - ending 93$ 1,297,599$ 1,212,314$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2020 12 of 15 DocuSign Envelope ID: 20B9993D-4700-4535-A573-1333C3CBFDFB Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ -$ Interest Revenues - 22,363 97,175 97,175 97,175 Contributions & Donations - - - - - Total revenues -$ 22,363$ 97,175$ 97,175$ 97,175$ EXPENDITURES Capital Outlay General Government Buildings 13,853,347$ 2,358,125$ 5,149,662$ 12,505,335$ 1,348,012$ Fire 3,706,563 - - - 3,706,563 Fiscal Agent's Fees - - 114,971 114,971 (114,971) Issuance Costs - - 387,932 387,932 (387,932) Bond Principal - - 7,881,627 7,881,627 (7,881,627) Total Capital Outlay 17,559,910$ 2,358,125$ 13,534,192$ 20,889,865$ (3,329,955)$ Excess of revenues over expenditures (17,559,910)$ (2,335,762)$ (13,437,016)$ (20,792,690)$ (3,232,780)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Revenue Bond Proceeds 19,106,563 - 27,493,663 27,493,663 8,387,100 Total other financing sources and uses 19,106,563$ -$ 27,493,663$ 27,493,663$ 8,387,100$ Net change in fund balances 1,546,653$ 14,056,647$ 6,700,973$ Fund balance - beginning (1,546,653) (1,546,653) (1,546,653) Fund balance - ending -$ 12,509,994$ 5,154,321$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2020 13 of 15 DocuSign Envelope ID: 20B9993D-4700-4535-A573-1333C3CBFDFB Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Recreation Trail Program 198,640$ -$ -$ -$ (198,640)$ Land & Water Conservation Grant 200,000 - 6,412 6,412 (193,588) LMIG Funds 405,528 - 444,773 444,773 39,245 Smart Communities 65,191 - - - (65,191) Trail Connection to Big Creek Greenway 400,000 - 1,080 1,080 (398,920) Interest Revenues - 495 735 735 735 Contributions & Donations - - - - - Total revenues 1,269,359$ 495$ 452,999$ 452,999$ (816,360)$ EXPENDITURES Capital Outlay Public Works 1,383,489$ -$ 1,350$ 45,000$ 1,338,489$ Parks & Recreation 631,443 - 4,015 11,300 620,143 Community Development 104,793 5,000 5,000 34,350 70,443 Total Capital Outlay 2,119,725$ 5,000$ 10,365$ 90,650$ 2,029,075$ Excess of revenues over expenditures (850,366)$ (4,505)$ 442,634$ 362,349$ 1,212,716$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfer Out to Capital Projects Fund - - - - - Budgeted Fund Balance - - - - -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (850,366)$ 442,634$ 362,349$ Fund balance - beginning 850,459 850,459 850,459 Fund balance - ending 93$ 1,293,094$ 1,212,809$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2020 14 of 15 DocuSign Envelope ID: 20B9993D-4700-4535-A573-1333C3CBFDFB Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ -$ Interest Revenues - 13,163 110,338 110,338 110,338 Contributions & Donations - - - - - Total revenues -$ 13,163$ 110,338$ 110,338$ 110,338$ EXPENDITURES Capital Outlay General Government Buildings 13,853,347$ -$ 5,168,889$ 12,515,672$ 1,337,675$ Fire 3,706,563 - - - 3,706,563 Fiscal Agent's Fees - - 114,971 114,971 (114,971) Issuance Costs - - 387,932 387,932 (387,932) Bond Principal - - 7,881,627 7,881,627 (7,881,627) Total Capital Outlay 17,559,910$ -$ 13,553,419$ 20,900,202$ (3,340,292)$ Excess of revenues over expenditures (17,559,910)$ 13,163$ (13,443,081)$ (20,789,864)$ (3,229,954)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Revenue Bond Proceeds 19,106,563 - 27,493,663 27,493,663 8,387,100 Total other financing sources and uses 19,106,563$ -$ 27,493,663$ 27,493,663$ 8,387,100$ Net change in fund balances 1,546,653$ 14,050,582$ 6,703,799$ Fund balance - beginning (1,546,653) (1,546,653) (1,546,653) Fund balance - ending -$ 12,503,929$ 5,157,146$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2020 15 of 15 DocuSign Envelope ID: 20B9993D-4700-4535-A573-1333C3CBFDFB CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 9, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement with CW Matthews, Inc. for the Reconstruction and Resurfacing of the Roads Called Out in the Bid Document MEETING DATE: Monday, June 15, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: DC0D1882-25B8-4C64-9FC2-86589D2AECBC X X X X June 15, 2020 To: Honorable Mayor and City Council Members From: Robert Drewry, Public Works Director Date: Submitted on May 22, 2020 for the June 15, 2020 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement with CW Matthews, Inc. for the Reconstruction and Resurfacing of the Roads Called Out in the Bid Document _____________________________________________________________________________________ Project Description: The Contractor will be providing construction services for Reconstruction and Resurfacing of streets at the locations called out in the contract. These processes will reset the PCI of the asphalt on these roads. This also includes all materials, labor, and equipment to complete this work. Staff is recommending awarding base bid only without bid alternates. Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 300-4101-522260000 - $2,702,336.02 Pavement 340-4101-522260000 - $444,772.69 Pavement 300-4101-541401300- $51,036.16 Sidewalk 300-4101-522250000- $39,900.00 Stormwater Requisition Total: $3,238,044.87 Other quotes or bids submitted (vendor/$) Vendor/Firm Quote/Bid CW. Matthews Inc. 3,238,044.87 Blount Construction CO. 3,250,511.86 Allied Paving 3,478,363.75 Financial Review: Bernadette Harvill, May 29, 2020 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, May 19, 2020 DocuSign Envelope ID: F4D78E39-AD10-4412-8267-BC780799F1B1 Concurrent Review: Robert Drewry, Public Works Director Attachment(s): Construction Services Agreement DocuSign Envelope ID: F4D78E39-AD10-4412-8267-BC780799F1B1 MILTONIP ESTABLISHED 2006 CONSTRUCTION SERVICES AGREEMENT Asphalt Reconstruction and Resurfacing Project This Construction Services Agreement (the "Agreement") is made and entered into this _ day of , 20_ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council (hereinafter referred to as the "City"), and C.W. Matthews Contracting Co, 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 March 26, 2020 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 20-PW09 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 April 21, 2020 attached hereto as "Exhibit B91 ; 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 D.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"; I. Additional Payment/Retainage Requirements, attached hereto as "Exhibit I"; J. Key Personnel, attached hereto as "Exhibit J"; K. Contract Administration provisions (if issued), attached hereto as "Exhibit K",- L. ';L. General Conditions (if issued), attached hereto as "Exhibit U; 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. Construction Services Agreement I Version 1.0 Section 2. Proiect Description; Architect, Engineer; Contract Administrator A. Project. A general description of the Project is as follows: services to provide for the resurfacing and reconstruction of the listed streets/roadways specified in Exhibit "A" (add alternates will not be included), (the "Project"). A third -party Architect or Engineer (as identified below) has not been retained related to this Project. B. Architect/En ig'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) Engineer [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. Section 3. The Work A. The Work. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit C", attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. B. Notice to Proceed. 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 Agreement as expeditiously as is consistent with reasonable skill and care and the Construction Services Agreement I Version 1.0 orderly progress of the Work. C. Plans; Drawings and Specifications. The plans, drawings and specifications provided in "Exhibit H", attached hereto, are hereby acknowledged by the Parties and incorporated herein by reference. D. Shop Drawings, Product Data, and Samples. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents, but must be in conformity therewith. The purpose of their submittal is to demonstrate, for those portions of the Work for which submittals are required by the Contract Documents, the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. (i) "Shop Drawings" are drawings, diagrams, schedules and other data specifically prepared for the Work by the Contractor or a subcontractor, sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. (ii) "Product Data" are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (iii) "Samples" are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. The Contractor shall review for compliance with the Contract Documents and shall approve and submit to the Contract Administrator Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Contract Administrator without action. The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved in writing by the Contract Administrator, provided that submittals that are not required by the Contract Documents may be returned without action. The Work shall be completed in accordance with approved submittals, provided that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Contract Administrator's approval Construction Services Agreement I Version 1.0 of Shop Drawings, Product Data, Samples or similar submittals, unless the Contractor has specifically informed the Contract Administrator in writing of such deviation at the time of submittal and (1) the Contract Administrator has given written approval to the specific deviation as a minor change in the Work, or (2) a written Change Order has been issued and approved to authorize the deviation. The Contract Administrator's approval of the Shop Drawings, Product Data, Samples or similar submittals shall not relieve the Contractor of responsibility for errors or omissions therein. The Contractor shall, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, direct the Contract Administrator's attention to any additional revisions included other than those requested by the Contract Administrator on previous submittals. In the absence of such written notice drawing the Contract Administrator's attention to such additional revisions, the Contract Administrator's approval of a resubmission shall not apply to such additional revisions. The Contractor shall maintain at 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 termination/expiration of this Agreement). Contractor warrants and represents that it will perform its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Contractor shall commence Work pursuant to this Agreement within ten (10) calendar days of the Notice to Proceed provided by the City, and the Work shall be completed within 120 calendar days from the Commencement Date (the "Expected Date of Final Completion"). Every effort will be made by Contractor to shorten this period. If weather affects the required completion schedule, the City and 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 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 Construction Services Agreement I Version 1.0 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 the amount set forth in Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems 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 Work and commencement of warranties required by the Contract Documents. Consent of the Contractor to partial occupancy or use shall not be unreasonably Construction Services Agreement I Version 1.0 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 Pavment A. Maximum Contract Price. The maximum amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $3,238,044.87 (the "Maximum Contract Price"), except as outlined in Section 6 below. Notwithstanding any language to the contrary in the ITB, the compensation for Work performed shall be based upon the number of units of Work supplied at the rates set forth in the bid schedule in "Exhibit B", subject to the Maximum Contract Price. If the Contractor requires additional units to perform the Work described in "Exhibit A" (excluding add alternates), Contractor shall request a Change Order for such additional Work. 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 Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. Construction Services Agreement I Version 1.0 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, 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. Construction Services Agreement I Version 1.0 The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. (ii) Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Contractor or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Meetings. The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a minimum of three (3) full business days' notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of the contract for cause. C. Expertise of Contractor. Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with City's requirements and procedures, and Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. D. Proper Execution by Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's Construction Services Agreement I Version 1.0 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 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 Construction Services Agreement I Version 1.0 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, 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 Construction Services Agreement I Version 1.0 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 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 Construction Services Agreement I Version 1.0 Administrator within ten (10) calendar days of issuance. H. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. I. City's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. K. Uncovering and Correction of Work. If a portion of the Work is covered contrary to the Contract Administrator's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Contract Administrator, be uncovered for examination by the Contract Administrator and be replaced at the Contractor's expense without change in the Agreement Term. If a portion of the Work has been covered which the Contract Administrator has not specifically requested to examine prior to its being covered or which the Contract Documents did not require to remain uncovered until examined, the Contract Administrator may request to see such Work, and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the City's expense, which expense shall be agreed upon in writing prior to being incurred. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense, unless the condition was caused by the City, in which event the City shall be responsible for payment of such costs including reasonable Construction Services Agreement I Version 1.0 charges, if any, by the Contract Administrator for additional service, which expense shall be agreed upon in writing prior to being incurred. If the City prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. L. Clean 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. [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. 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 Construction Services Agreement I Version 1.0 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. (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims --MConstruction Services Agreement I Version 1.0 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' 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' Construction Services Agreement I Version 1.0 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: $5 million 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 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. Construction Services Agreement I Version 1.0 (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 oflndemnifcation Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(0) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance Construction Services Agreement I Version 1.0 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 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 D.1, D.2 Construction Services Agreement I Version 1.0 and MY 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-VeriAidavit. 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 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13- 10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit G.2", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) Construction Services Agreement I Version 1.0 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. T. Records, Reports and Audits. (1) Records: Construction Services Agreement I Version 1.0 (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 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 Construction Services Agreement I Version 1.0 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 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. Construction Services Agreement I Version 1.0 Z. Nondiscrimination. During the performance of this Agreement, the Contractor agrees as follows: 1. Compliance with Regulations. The Contractor shall comply with the Regulations, hereinafter defined, relative to nondiscrimination in federally-assisted programs of the Department of Transportation (the "DOT"), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time (the "Regulations"), which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination. The Contractor, with regard to the Work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of employees or subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiations made by the Contractor for Work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. 4. Information and Reports. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, and other sources of information and its facilities as may be determined by the County, GDOT, or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the County, or GDOT or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain such information. 5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscriminatory provision of this Agreement, County shall impose contract sanctions as it or GDOT or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the Contractor under the Agreement until Contractor complies; and/or (b) Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions. The Contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issue thereto. The Contractor shall take such action with respect to any subcontractor or procurement as the County or GDOT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctioning noncompliance: Provided, however, that in the event a Contractor becomes Construction Services Agreement I Version 1.0 involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the County to enter into such litigation to protect the interest of the County and, in addition, the Contractor may request the Georgia Department of Transportation to enter into such litigation to protect the interests of the State and the United States to enter into such litigation to protect the interests of the United States. 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. Section 8. Covenants of the City A. Right of Entry. The City shall provide for right of entry for Contractor and Contractor's equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. Cites 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 Proiect Documents, Warrantv A. Final Proiect 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. Construction Services Agreement I Version 1.0 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. 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. Pa ent. 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 Construction Services Agreement I Version 1.0 herein, the City shall, upon termination for convenience or statutory termination, pay Contractor for Work performed prior to the date of termination in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. At its sole discretion, the City may pay Contractor for additional value received as a result of Contractor's efforts, but in no case shall said payment exceed any remaining unpaid portion of the Maximum Contract Price. If this Agreement is terminated for cause, the City will make no further payment to the Contractor or its Surety until the Project is completed and all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this Agreement, exceeds the cost of finishing the Project, City shall provide payment to the Contractor (or its Surety) for services rendered and expenses incurred prior to the termination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. E. Assumption of Contracts. The City reserves the right in termination for cause to take assignment of all contracts between the Contractor and its subcontractors, vendors, and suppliers. The City will promptly notify the Contractor of the contracts the City elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to effect such assignment. F. Conversion to Termination for Convenience. If the City terminates this Agreement for cause and it is later determined that the City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section 10(A) above. G. Requirements Upon Termination. Upon termination, the Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. H. Reservation of Rights and Remedies. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. City's Rights; Contractor Default A. City Rights Related to the Work. (i) City's Right to Stop the Work. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, as required by Construction Services Agreement I Version 1.0 the Contract Administrator, or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. Such a stoppage of Work shall not extend the Expected Date of Final Completion of the Work. (ii) City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the Architect/Engineer's and/or Contract Administrator's additional services (if any) made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. B. Contractor Default. For the purposes of this Agreement, Contractor shall be in default if any of the following occur during the Term of this Agreement: (a) a failure to fulfill in a timely and proper manner Contractor's obligations under this Agreement; (b) Contractor violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable city, state, or federal laws, which do not fall within the force majeure provisions of this Agreement; (c) the Contractor becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition under the United States Bankruptcy Code; or (d) Contractor is the subject of a judgment or order for payment of money, which judgment or order exceeds $100,000 and is no longer subject to appeal or, in the opinion of the City, would be fruitless to appeal and where (i) such judgment or order shall continue un -discharged or unpaid for a period of thirty (30) calendar days, (ii) an insurer acceptable to the City has not acknowledged that such judgment or order is fully covered by a relevant policy of insurance, or (iii) the City is otherwise reasonably satisfied that such judgment or order is not likely to be satisfied or complied with within sixty (60) calendar days of its issuance. 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. Construction Services Agreement I Version 1.0 Section 12. Construction Administration If a Contract Administrator other than the City has been hired in relation to the Project, the Contract Administrator's administration of the construction of the Project shall be as described in "Exhibit K", attached hereto. The Contractor agrees to the construction administration provisions contained in "Exhibit K." Section 13. Miscellaneous A. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement, or promise relating to the subject matter of this Agreement not contained in this Agreement or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions, Severability_. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. F. Notices. Construction Services Agreement I Version 1.0 (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between Matthew Fallstrom_ for the City and [INSERT CONTACT NAME] for the Contractor. (2) 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 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, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: C.W. Matthews Contracting Co., Inc. Attn: Michael Kleuckling 1600 Kenview Dr Marietta, GA 30060 G. Waiver of Agreement. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations, warranties, and insurance maintenance requirements. I. Sovereign Immunity. Nothing contained in this Agreement shall be construed to Construction Services Agreement I Version 1.0 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 Pa Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. N. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each Parry 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 Construction Services Agreement I Version 1.0 reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. P. Material Condition. Each term of this Agreement is material, and Contractor's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to the City at law or in equity. Q. Use of Singular and Plural. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] Construction Services Agreement I Version 1.0 CONTRACTOR• . Matthews Contracting Co., Inc. By: Nic-L P GARCIA Print Name: PRESIDENT It• CIRCLE ONE] IING �,resident/V ce President (Corporation) SEAL m CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form: City Attorney [CORPORATE SEAL] (required if corporation) Attest/Witness D Print Name: EXECUTIVE VICE PRESIDENT Its: & SECRETARY ((Assistant) Corporate Secretary if corporation) Construction Services Agreement I Version 1.0 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 9, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement with Triscapes. Inc. for the Excavation and Repair of Sinkholes Located in the Right of Way at 320 Oakhurst Leaf Drive and 1250 Hopewell Crest MEETING DATE: Monday, June 15, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: 8934C0BE-F903-44B9-B5B8-500DA9A9CFCB X June 15, 2020 X X X To: Honorable Mayor and City Council Members From: Robert Drewry, Public Works Director Date: Submitted on May 27, 2020 for the June 15, 2020 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement with Triscapes. Inc. for the Excavation and Repair of Sinkholes Located in the Right of Way at 320 Oakhurst Leaf Drive and 1250 Hopewell Crest _____________________________________________________________________________________ Project Description: The Contractor will be providing construction services for the repair of sinkholes that have developed around stormwater structures. The Contractor will excavate the hole and replace material as well as repour curb and gutter. This also includes all materials, labor, and equipment to complete this work. The bid price for this work was $13,000.00. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 300-4101-522250000 Requisition Total: $13,000.00 Vendor DBA: TriScapes Inc. Other quotes or bids submitted (vendor/$) Vendor/Firm Quote/Bid Gracie Gray Contractors 49,600.00 **no other bids submitted Financial Review: Bernadette Harvill, June 8, 2020 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, May 29, 2020 Concurrent Review: Robert Drewry, Public Works Director Attachment(s): Construction Services Agreement DocuSign Envelope ID: AD2D912E-64E5-4B32-BF70-16C8FD759322 ESTABLISHED 2006 CONSTRUCTION SERVICES AGREEMENT Miscellaneous Projects 320 Oakhurst Leaf Drive - Manhole Sinkhole 1250 Hopewell Crest - Sinkhole around Catch Basins 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 Tri Scapes, 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 May 7, 2020 attached hereto as "Exhibit All 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 QR 20 -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 Construction Services Agreement I Version 1.0 of Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the "Contract Documents": A. Request for Bids, attached hereto as "Exhibit All; B. Bid Documents from Contractor, dated May 21, 2020 attached hereto as "Exhibit B"; C. Scope of Work, attached hereto as "Exhibit C"; D. Required Performance Bond and Payment Bond, attached hereto collectively as "Exhibits DA and D.2"; E. Noncollusion Affidavit of Prime Bidder, attached hereto as "Exhibit E"; F. Final Affidavit, attached hereto as "Exhibit F"; G. Alien Employment affidavits, attached hereto as "Exhibits G.1 and G.2"; H. Plans, drawings and specifications, attached hereto collectively as "Exhibit H"; I. Additional Payment/Retainage Requirements, attached hereto as "Exhibit I"; Key Personnel, attached hereto as "Exhibit J"; K. Contract Administration provisions (if issued), attached hereto as "Exhibit K"; L. General Conditions (if issued), attached hereto as "Exhibit L"; M. Supplementary Conditions (if issued), attached hereto as "Exhibit M"; N. 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 Construction Services Agreement I Version 1.0 by the Parties. Section 2. Proiect Description; Architect, Engineer; Contract Administrator A. Prot. A general description of the Project is as follows: The Contractor will be repairing the sinkholes that have formed around the stormwater structures located at 1250 Hopewell Crest and 320 Oakhurst Leaf Drive, both in Milton, Georgia (the "Project"). A third -party Architect or Engineer (as identified below) has not been retained related to this Project. B. Architect/Engineer (if any). (i) Architect [if applicable]. The Project has been designed by NIA (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) Engineer [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. Section 3. The Work A. The Work. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit C", attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. B. Notice to Proceed. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work ("Commencement Date") and the Construction Services Agreement ( Version 1.0 Expected Date of Final Completion (defined in Section 4(A) below). Unless otherwise approved, the Contractor shall perform its obligations under this Agreement as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Work. C. Plans; Drawings and Specifications. The plans, drawings and specifications provided in "Exhibit H", attached hereto, are hereby acknowledged by the Parties and incorporated herein by reference. D. Shop Drawings, Product Data, and Samples. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents, but must be in conformity therewith. The purpose of their submittal is to demonstrate, for those portions of the Work for which submittals are required by the Contract Documents, the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. (i) "Shop Drawings" are drawings, diagrams, schedules and other data specifically prepared for the Work by the Contractor or a subcontractor, sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. (ii) "Product Data" are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (iii) "Samples" are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. The Contractor shall review for compliance with the Contract Documents and shall approve and submit to the Contract Administrator Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Contract Administrator without action. The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved in writing by the Contract Administrator, provided that submittals that are not required by the Contract Documents may be returned without action. Construction Services Agreement j Version 1.0 The Work shall be completed in accordance with approved submittals, provided that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Contract Administrator's approval of Shop Drawings, Product Data, Samples or similar submittals, unless the Contractor has specifically informed the Contract Administrator in writing of such deviation at the time of submittal and (1) the Contract Administrator has given written approval to the specific deviation as a minor change in the Work, or (2) a written Change Order has been issued and approved to authorize the deviation. The Contract Administrator's approval of the Shop Drawings, Product Data, Samples or similar submittals shall not relieve the Contractor of responsibility for errors or omissions therein. The Contractor shall, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, direct the Contract Administrator's attention to any additional revisions included other than those requested by the Contract Administrator on previous submittals. In the absence of such written notice drawing the Contract Administrator's attention to such additional revisions, the Contract Administrator's approval of a resubmission shall not apply to such additional revisions. The Contractor shall maintain at 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 termination/expiration of this Agreement). Contractor warrants and represents that it will perform its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Contractor shall commence Work pursuant to this Agreement within ten (10) calendar days of the Commencement Date provided by the City, and the Work shall be completed on or before the later of (i) August 1, 2020 or (ii) 30 days after the Commencement Date (the "Expected Date of Final Completion"). Every effort will be made by Contractor to shorten this period. If weather affects the required completion schedule, the City and the Contractor will negotiate a new completion date. If the Term of this Agreement continues beyond the fiscal year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on September 30 each fiscal year of the Term, and further, that this Agreement shall automatically Construction Services Agreement I Version 1.0 renew on October 1 of each subsequent fiscal year absent the City's provision of written notice of non -renewal to Contractor at least five (5) calendar days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. B. Time is of the Essence; Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer financial loss if the Work is not completed in accordance with the deadlines specified in Section 4(A) above and within the Contract Documents. 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, Construction Services Agreement I Version 1.0 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 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 $13,000.00 (the "Maximum Contract Price"), except as outlined in Section 6 below. The compensation for Work performed shall be based upon a lump sum, and Contractor represents that the Maximum Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. 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 Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. Construction Services Agreement I Version 1.0 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 ay 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, 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 Construction Services Agreement j Version 1.0 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 Services Agreement f Version 1.0 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 observations, examinations, investigations, explorations, tests, reports, and Construction Services Agreement I Version 1.0 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, methods, techniques, sequences and procedures and for coordinating all portions of Construction Services Agreement j Version 1.0 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 Contract Administrator may be present for such procedures. Required permits or Construction Services Agreement I Version 1.0 certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (10) calendar days of issuance. H. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. I. City's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. J. 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 such Work is not in accordance with the Contract Documents, correction shall be Construction Services Agreement) Version 1.0 at the Contractor's expense, unless the condition was caused by the City, in which event the City shall be responsible for payment of such costs including reasonable charges, if any, by the Contract Administrator for additional service, which expense shall be agreed upon in writing prior to being incurred. If the City prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. L. Clean 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. Ryan Hogan, PM [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. Inasmuch as the City and the Contractor are independent of each other, neither has Construction Services Agreement I Version 1.0 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. Construction Services Agreement I Version 1.0 (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' Compensation and the Commissioner of Insurance. The amount of Construction Services Agreement } Version 1.0 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 available to the Insured Parties. Any insurance or self - Construction Services Agreement I Version 1.0 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 of Indemncation 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. Construction Services Agreement I 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. Bonds shall be provided on the forms attached hereto as "Exhibits DA and D.2" and with a surety licensed to do business in Georgia and listed on the Construction Services Agreement ( Version 1.0 0 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 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13- 10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit G.2", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a Construction Services Agreement I Version 1.0 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. x Fewer than 100 employees: Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws. T. Records, Reports and Audits. (1) Records: Construction Services Agreement I Version 1.0 (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 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 --MConstruction Services Agreement ( Version 1.0 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 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. Construction Services Agreement j Version 1.0 Z. Nondiscrimination. During the performance of this Agreement, the Contractor agrees as follows: 1. Compliance with Regulations. The Contractor shall comply with the Regulations, hereinafter defined, relative to nondiscrimination in federally-assisted programs of the Department of Transportation (the "DOT"), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time (the "Regulations"), which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination. The Contractor, with regard to the Work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of employees or subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiations made by the Contractor for Work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. 4. Information and Reports. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, and other sources of information and its facilities as may be determined by the County, GDOT, or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the County, or GDOT or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain such information. 5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscriminatory provision of this Agreement, County shall impose contract sanctions as it or GDOT or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the Contractor under the Agreement until Contractor complies; and/or (b) Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions. The Contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issue thereto. The Contractor shall take such action with respect to any subcontractor or procurement as the County or GDOT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctioning noncompliance: Provided, however, that in the event a Contractor becomes Construction Services Agreement I Version 1.0 involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the County to enter into such litigation to protect the interest of the County and, in addition, the Contractor may request the Georgia Department of Transportation to enter into such litigation to protect the interests of the State and the United States to enter into such litigation to protect the interests of the United States. 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. Section 8. Covenants of the City A. Right of Entry. The City shall provide for right of entry for Contractor and Contractor's equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. CiLy'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 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. Construction Services Agreement ( Version 1.0 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. 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. Pam. 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 Construction Services Agreement I Version 1.0 herein, the City shall, upon termination for convenience or statutory termination, pay Contractor for Work performed prior to the date of termination in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. At its sole discretion, the City may pay Contractor for additional value received as a result of Contractor's efforts, but in no case shall said payment exceed any remaining unpaid portion of the Maximum Contract Price. If this Agreement is terminated for cause, the City will make no further payment to the Contractor or its Surety until the Project is completed and all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this Agreement, exceeds the cost of finishing the Project, City shall provide payment to the Contractor (or its Surety) for services rendered and expenses incurred prior to the termination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. E. Assumption of Contracts. The City reserves the right in termination for cause to take assignment of all contracts between the Contractor and its subcontractors, vendors, and suppliers. The City will promptly notify the Contractor of the contracts the City elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to effect such assignment. F. Conversion to Termination for Convenience. If the City terminates this Agreement for cause and it is later determined that the City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section I O(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 Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. City's Rights; Contractor Default A. City Rights Related to the Work. (i) City's Right to Stop the Work. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, as required by Construction Services Agreement I Version 1.0 the Contract Administrator, or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. Such a stoppage of Work shall not extend the Expected Date of Final Completion of the Work. (ii) City's Right to Carty Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the Architect/Engineer's and/or Contract Administrator's additional services (if any) made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. B. Contractor Default. For the purposes of this Agreement, Contractor shall be in default if any of the following occur during the Term of this Agreement: (a) a failure to fulfill in a timely and proper manner Contractor's obligations under this Agreement; (b) Contractor violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable city, state, or federal laws, which do not fall within the force majeure provisions of this Agreement; (c) the Contractor becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition under the United States Bankruptcy Code; or (d) Contractor is the subject of a judgment or order for payment of money, which judgment or order exceeds $100,000 and is no longer subject to appeal or, in the opinion of the City, would be fruitless to appeal and where (i) such judgment or order shall continue un -discharged or unpaid for a period of thirty (30) calendar days, (ii) an insurer acceptable to the City has not acknowledged that such judgment or order is fully covered by a relevant policy of insurance, or (iii) the City is otherwise reasonably satisfied that such judgment or order is not likely to be satisfied or complied with within sixty (60) calendar days of its issuance. 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. Construction Services Agreement ( Version 1.0 Section 12. Construction Administration If a Contract Administrator other than the City has been hired in relation to the Project, the Contract Administrator's administration of the construction of the Project shall be as described in "Exhibit K", attached hereto. The Contractor agrees to the construction administration provisions contained in "Exhibit K." Section 13. Miscellaneous A. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement, or promise relating to the subject matter of this Agreement not contained in this Agreement or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions; Severability. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. F. Notices. Construction Services Agreement j Version 1.0 (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between Matthew Fallstrom for the City and Ryan Hogan [INSERT CONTACT NAME] for the Contractor. (2) 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 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, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Tri Scapes, Inc. Attn: Rebecca Martin 1595 Peachtree Parkway, Ste 204-396 Cumming, GA 30041 G. Waiver of Agreement. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations, warranties, and insurance maintenance requirements. I. Sovereign Immunity. Nothing contained in this Agreement shall be construed to Construction Services Agreement ( Version 1.0 be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers, or directors to any personal liability, except where Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to 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. 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 Construction Services Agreement Version 1.0 reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. P. Material Condition. Each term of this Agreement is material, and Contractor's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to the City at law or in equity. Q. Use of Singular and Plural. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] Construction Services Agreement I Version 1.0 0 CONTRACTO : Tri Scape By: Print Name: Rebecca Martin Its: [CIRCLE ONE] 6sidRvice President (Corporation) leeeeeeeeee�Rs• .i L] ( eq�ed if corporatwn) Atte /fitness "., : c_ ._�F•ttT=`sem e°jeeeeeoa:d. Print Name: Mitzi J. Chambers Its: Assistant Corporate Secretary ((Assistant) Corporate Secretary if corporation) CITY OF MILTON, GEORGIA RATIFIED BY COUNCIL By: By: Steven Krokoff, City Manager Joe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form: City Attorney Construction Services Agreement I Version 1.0 "EXHIBIT A" No Text M- I 1[ -,FT -1 N 't '. ESTABLISHED 2046 QR 20-PW10 Miscellaneous Stormwater Projects 320 Oakhurst Leaf Dr - Manhole Sinkhole 1250 Hopewell Crest - Sinkhole around Catch Basins General Description of Proiect Scope: The general scope of work will consist repairing sinkholes at the locations called out in this document. Contractor is required to visit the sites prior to submitting bid to confirm and verify scope. Contractor is responsible for utility locates, property owner coordination, erosion and sediment control, and any damages to any property. Contractor will replace in kind all damages on impacted properties. The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary and/or required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the city. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The base bid may not be withdrawn or modified, except at the request of the City, for a period of sixty (60) days following receipt of the bids. The City of Milton reserves the right to modify the scope of this project at any time. Appropriate compensation for scope changes will be based on a negotiated fee. Note: A separate signed bid document is acceptable in lieu of the below form. QR 20 -PW 10 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a lump sum price "purchasing contract" with one firm to be the primary contractor of the Miscellaneous Stormwater Projects . 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 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. EVALUATION The City intends to evaluate the Bid on the lowest responsible and responsive bidder. QR20.PW10 I M INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. 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 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 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 been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the contract price. Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to 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. 101 -IN I am 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). QR 20-PW10 M_ LTO ESTABLISHED 2046 BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your 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: QR 20-PW10 Miscellaneous Stormwater Projects 320 Oakhurst Leaf Dr - Manhole Sinkhole 1250 Hopewell Crest — Sinkhole around Catch Basins 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. 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 for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within thirty (30) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected QR 20 -PW 10 M- �-fi- 0 - *kt ESTABLISHED 2006 Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of $ Dollars (Five Percent of Amount Bid). 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 Mailing Address: Bidder Signature: Print Name: Title: Company Name QR 20 -PW 10 (Seal) M1-1-310N*�4 ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM 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 By: Signature and Title: Attest: Signature and Title: SURETY Surety's Name and Corporate Seal By: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title: QR 20-P W 10 (Seal) Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 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. QR20-PW10 I 1 PROJECT SPECIFICATIONS PROJECT DESCRIPTION The City of Milton Public Works Department (City) requests for interested parties to submit bids/proposals for the projects listed below. 320 Oakhurst Leaf Dr Sinkhole around the manhole: The Contractor will: • Remove all existing grout from inside the structure. Grout will be added in all areas of removal. • Remove existing grout and grout the pipes coming into the structure. • Will do hand excavation around the structure to remove any and all debris and fill the void with flowable fill leaving the top of the flowable fill 3' below grade. • Will backfill with good soil compacting and then replace with like kind for the area. No disturbance to existing landscape is expected. • Will rPmnw- rPninrP the mnrkPrl ri irh nnrl ni ittPr QR 20 -PW 10 I ME 1250 Hopewell Crest Sinkhole around two (2) catch basins: The Contractor will: • Remove all existing grout from inside the structure. Grout will be added in all areas of removal. • Remove existing grout and grout the pipes coming into the structure_ • Will do hand excavation around the structure to remove any and all debris and fill the void with flowable fill leaving the top of the flowable fill 3' below grade. • Will backfill with good soil compacting and then replace with like kind for the area. No disturbance to existing landscape is expected. • Will remove and replace the marked curb and gutter. Approximately 120' • Will sawcut and remove the asphalt around the depression. All loose material will be removed, and the void will be filled with flowable fill flush with the asphalt. QR 20 -PW 10 I ME Basin 1 QR 20 -PW 10 QR 20-PW 10 Basin #2 QR 20 -PW 10 NOTE: QUANTITIES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CONTRACT IS TO PROVIDE LUMP SUM BID TO COMPLETE THE PROJECT AS INDICATED IN THE CONTRACT DOCUMENTS. SPECIAL PROVISIONS All work associated with this contract shall meet the 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. No burial of debris will be permitted on the site. All work performed shall be in accordance City of Milton Construction Standards. The Contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations. The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW). PROSECUTION AND PROGRESS The City desires to have all work completed by June 30th, 2020. 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 ten (10) calendar days following the Notice to Proceed. The Contractor will mobilize with sufficient forces such that all 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. 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. Except to the extent limited by law, 10% QR20-PW10 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. QC/QA TESTING OF MATERIALS 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 will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. UTILITIES Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. TEMPORARY TRAFFIC CONTROL The Contractor shall, at all times, conduct his work 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 ensure that ingress and egress are safely provided when and where needed. 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 QR 20 -PW 10 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 and other traffic control devices in accordance with the latest MUTCD and GDOT specifications, and take all necessary precautions for the protection of the workers and safety of the public. 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. The Contractor shall provide four (4) variable message boards to be placed at the direction of the City. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will not be paid for separately and shall be incidental to other pay items. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE 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, 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 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 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. EROSION AND SEDIMENT CONTROL The Contractor will provide suitable erosion and sediment control measures so as to prevent sediment from leaving the site. Maintenance of erosion and sediment control measures is required at all times. The Contractor shall have certified erosion and QR 20-PW10 I�.. sediment control personnel on site at all times. All NPDES, GSWCC and City of Milton guidelines should be followed. All erosion and sediment control work shall be performed in accordance with the standards provided in the Georgia Manual for Erosion and Sediment Control in Georgia, latest edition. Provide a single row of Type C silt fence along the down slope side of all disturbed areas. All barriers shall be in place prior to any land disturbing activities. Silt fences and hay bale barriers shall be cleaned or replaced and maintained in functional condition until permanent erosion control measures are established. All silt fences and other temporary measures will be removed by the contractor/developer when the site is stable. Silt fence fabric shall be comprised of Ga. Department of Transportation qualified products Section 171, type "A", for silt fence fabric Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case shall a site be left bare for more than fourteen (14) days. No clearing beyond the limits of disturbance shown on the approved plans shall be allowed without approval. Provide a minimum of 1/2 inch of mulching, temporary and permanent seeding of all other disturbed areas. SAFETY REQUIREMENTS The Contractor shall be responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He/she shall be responsible for any damage to the Owner's property or that of others on the job, by himself/herself, his/her personnel or his/her subcontractors, and shall make good such damages. He/she shall be responsible for and pay for any claims against the Owner arising from such damages. The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing and shall barricade excavations and similar hazards. He/she shall protect against damage or injury resulting from falling materials and he/she shall maintain all protective devices and signs throughout the progress of the work. QR20-PWIO I 1}9 CODES, PERMITS AND INSPECTIONS The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the City in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the City, he shall bear all cost arising there from. The Contractor shall obtain a building demolition permit from the city and provide all required documentation to obtain the permit but will not be charged the permit fee and shall not include that fee in the base bid. The Contractor is responsible for obtaining all required inspections. CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the contractor fails to accomplish restoration and clean-up within an acceptable period of time. 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. QR 20 -PW 10 ,P0- 1 LFTO NIIN 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 CORPORATE CERTIFICATE I, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This day of , 20 Seal) QR20-PW10 [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: QR20-PW10 I M 1, 1, r 0, N 11 04 ESTABLISHED 2096 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] STATE OF GEORGIA CITY OF MILTON 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: eVerify Number Date of Authorization Name of Contractor Miscellaneous Stormwater Projects 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: * . _' F .„2 • • s< Avg.§x ». 0 J-N� llkt M, 1 ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE (page 1 of 2) 320 Oakhurst Leaf Drive - Manhole SinkholeAS ,nu S- n7 vl; (Dollar Amount in Numbers) (Company Name) (Signature) (Printed Name) (Dollar Amount in Numbers) (Company Name) (Signature) (Printed Name) QR 20 -PW 10 I ME J* M-1--L`T'O.Ft 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 "Lump Sum" 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 AUTHORIZED SIGNATUR PRINT / TYPE NAME TITLE QR20-PW10 M- I 1,—,T,� 0 N"Jllr*s ESTABLISHED 2106 [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: QR 20 -PW TO I = SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Release of Informal Bid Deadline for Written Questions Date: May 7, 2020 May 14, 2020 @ 5:00 PM EST *Questions must be submitted electronically via Milton's BidNet procurement portal/platform at www.cityofmiltonaa.us City of Milton Addendum (on or about) May 15, 2020 (Official answers to questions and potential changes to QR 20 -PW 10. Addendum will be posted at the same web locations as the bid document, QR 20 -PW 10.) Bids due May 21, 2020 @ 5:00PM EST **Bids must be submitted electronically via Milton's BidNet procurement portal/platform at www.citvofmiltonga_us If you have registered with the City of Milton as a vendor via BidNet procurement portal/platform, or are already a member of the Georgia Purchasing Group, you may submit your questions and bid online at www.cityofmiltonga.us via the BidNet procurement portal/platform We encourage you to register with us as a vendor. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchasing Group. Contract Award (On/about) Notice to Proceed Issued (On/about) June 1, 2020 June 2, 2020 "EXHIBIT B" ESTABLISHED 2006 BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your 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: QR 20-PW10 Miscellaneous Stormwater Projects 320 Oakhurst Leaf Dr - Manhole Sinkhole 1250 Hopewell Crest - Sinkhole around Catch Basins 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. 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 for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within thirty (30) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected t" ESTABLISHED 2006 Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of $ rive percent of total bid Dollars (Five Percent of Amount Bid). 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 21stday of May 20 20 ti Bidder Tri Scapes, enc Company Name Bidder Mailing Address: e' Tri Scapes, Inc. 1595 Peachtree Parkway, Suite 204-396 Cumming, Georgia 30041 Signature: Print Name: Rebecca Martin Title: PresidentlCFO E5TABL151IED 2006 BID BOND CITY BOO 'R .I, BIDDER (Name and Address): Tri Scapes, Inc., 220 Curie Dr., Alpharetta GA 30005 SURETY (Name and Address of Principal Place of Business): Hartford Fire Insurance Company One Hartford Plaza, Hartford CT 06155 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: May 21, 2020 PROJECT (Brief Description Including Location): Miscellaneous Stormwater Projects BOND BOND NUMBER: N/A DATE (Not later that Bid due date): May 21, 2020 PENAL SUM: -Five Percent (S%) of Principal's Rid (Words) (Figures) ryasaaaaa,F.. IN WITNESS WHEREOF, Surety!p i l Brclder, in#A�rA&ing to be legally bound hereby to the City, subject to the terms printed ieJouy i5r &-Oh�!•fev6tse side hereof, do each cause this Bid Bond to be duly executed on its behalf b Its authorized o#icer, agent or representative. : F7 BIDDER ; S1JRqY Tri � Inc. Sca es �_ �� P (� �rJ••G�P .9 Hartford Fire Insurance Company (Seal) Bidder's m and C r 6r/ate (gl,�,,,""`turety's Name and Corporate Seal By: By: Signatur and Title: 'Pfe-5;Aa.& Cry Signature and/Title: Carolyn F. Smith T� (Attach Power of Attorney)Attomey-In-Fact Attest: Attest: .-- L�e Signature and ih : Ao Signature and Titl ' Christy LackU Account Manager QR 20—PW 10 e 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. I . Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 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. QR 20 -PW 10 1 o KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: POINTENORTH INSURANCE GROUP LLC Agency Code: 20-262197 Hartford Fire insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut O Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of the Southeast, a corporation duly organized under the lad's of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint up to the amount of Unlimited : Marilyn Brown, Keith H. Dillon, Christy Lackey, John Langsfeld, Fred R. Mitchell, William H. Skeeles, Rita L. Smith, Carolyn F. Smith of ATLANTA, Georgia their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by Q, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. a�1 P M7,7�N. � q'�C9id' - M�lafflf,tY'� " �aafAA► '. 19Z4f 'iii 197D� _C� i44fi � �'h_�.,:�� btatA pIY �•~1♦� • �i''tli��l:• �IlttlY- -t'i- 1-k e John Gray, Assistant Secretary STATE OF CONNECTICUT Ss- Hartford COUNTY OF HARTFORD M. Ross Fisher, Senior Vice President On this 5th day of January, 2018, before me personally came M_ Ross Fisher, to me known, who being by me duly sworn, did depose and say_ that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals: that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. 4frlT.J.(�h Xa�GI��erti / J}�a.#�nce.t.e� q Kathleen T. Maynard (a Notary Public CERTIFICATE My Commission Expires July 31, 2021 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a trite and correct copy of the Power of Attorney executed by said Companies, which is stilt in full force effective as of May 21, 2020 Signed and sealed at the City of Hartford. o r � � � � ::.:e+'u•rri � 1 ba$T P _ e j'�""�] ; cry � _ � �,eoerau �� 7887 .:". • � c } • :•_ @1.i � �: � r 'rarrrrrty:. a ��atitt► i::. ig 9 r - ��' S 8 � i �i •yam, .+'' � j.. .>>30 th.' �,�"� � ''sJ�+.,.J.L'� jt 1949 i zTa� �� ^♦usN t�� 2'•� • �'-ihtHofia rinala �' Kevin Heckman, Assistant Vice President PGA 2019 Direct Inquiries/Claims to: THE HARTFORD ' " "I", " BOND, T-12 0 W E R (J" F` A TO` R N El" Y" One Hartford Plaza _TP Hartford, Connecticut 06155 Sond.ClalmslZ thehartford.com call: 888-266-3488 orfax: 860-757-5635 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: POINTENORTH INSURANCE GROUP LLC Agency Code: 20-262197 Hartford Fire insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut O Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of the Southeast, a corporation duly organized under the lad's of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint up to the amount of Unlimited : Marilyn Brown, Keith H. Dillon, Christy Lackey, John Langsfeld, Fred R. Mitchell, William H. Skeeles, Rita L. Smith, Carolyn F. Smith of ATLANTA, Georgia their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by Q, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. a�1 P M7,7�N. � q'�C9id' - M�lafflf,tY'� " �aafAA► '. 19Z4f 'iii 197D� _C� i44fi � �'h_�.,:�� btatA pIY �•~1♦� • �i''tli��l:• �IlttlY- -t'i- 1-k e John Gray, Assistant Secretary STATE OF CONNECTICUT Ss- Hartford COUNTY OF HARTFORD M. Ross Fisher, Senior Vice President On this 5th day of January, 2018, before me personally came M_ Ross Fisher, to me known, who being by me duly sworn, did depose and say_ that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals: that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. 4frlT.J.(�h Xa�GI��erti / J}�a.#�nce.t.e� q Kathleen T. Maynard (a Notary Public CERTIFICATE My Commission Expires July 31, 2021 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a trite and correct copy of the Power of Attorney executed by said Companies, which is stilt in full force effective as of May 21, 2020 Signed and sealed at the City of Hartford. o r � � � � ::.:e+'u•rri � 1 ba$T P _ e j'�""�] ; cry � _ � �,eoerau �� 7887 .:". • � c } • :•_ @1.i � �: � r 'rarrrrrty:. a ��atitt► i::. ig 9 r - ��' S 8 � i �i •yam, .+'' � j.. .>>30 th.' �,�"� � ''sJ�+.,.J.L'� jt 1949 i zTa� �� ^♦usN t�� 2'•� • �'-ihtHofia rinala �' Kevin Heckman, Assistant Vice President PGA 2019 t: 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, Qbapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will of be violated in any respect. Authorized Signature 19# �� Date 05/21/2020 Print/Type Name Rebecca Martin Print/Type Company Name Here Tri Scapes, Inc. CORPORATE CERTIFICATE Assistant Mitzi J. Chambers , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that Rebecca Martin who signed said bid in behalf of the Contractor, was then (title) President1CF0 of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of Georgia 555'00,00 This 21st day of May �Bq� ✓/� „`� �.f .'��5; Vin: fi + '°.r 09P353s": QR 20-PW10 ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do do not x , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: Tri Scapes, Inc. Q ' '* t ESTABLISHED 2046 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] STATE OF GEORGIA CITY OF MILTON 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: 123689 eVerify Number 06/02/2008 Date of Authorization Tri Scapes, Inc. Name of Contractor Miscellaneous Stormwater Protects 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 May , 21 , 2011X 21ih CumrMffi (city), GA (state). AL, Signatur ' of Authorized Officer or Agent Rebecca Martin, PresidentJCFO Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THtS THE 21st DAY OF May 20X_20 r NOTAR,PfAlllvI . H �' Nor �• � a Mnmi•RgEpir` � ? � GAS �• a'_: '��`�&/VTY,.G" � �� ? ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE (page 1 of 2) 320 `Oakhurst Leaf,Drive - Manhole Sinkhole $ 4,500.00 (Dollar Amount in Numbers) Tri Sca ,p.e,s ,, Inc. (Companya e) 'i (SignaturdT Rebecca Martin, President1CF0 (Printed Name) QR20-PW,O 11w J j D ESTmisiim 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE (page 2 of 2) Total Bid Price $-13,000-00 Print Total Bid Price Thirteen thousand and no/100 dollars Fill out "Lump Sum" 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) 30 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 Tri Scapes, Inc. ADDRESS 1595 Peachtree Par - y, Suite 204-396, Cumming, Georgia 30041 AUTHORIZED SIGNATURE PRINT / TYPE NAME _ Rebecca Martin TITLE PresidentJCFO EYEABLISHED 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 Tri Scapes, Inc. 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.) None 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 None 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: None QR 20-PW10 "EXHIBIT C" See Exhibits "A" and "B" "EXHIBITS D.l and D.2" "EXHIBIT D1" PERFORMANCE BOND NO.: 20BCSH1922 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Tri Scapes, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Hartford Fire Insurance company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY'), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City, in the sum of Thirteen Thousand Dollars ($13,000.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as Miscellaneous Stormwater Projects at 320 Oakhurst Leaf Drive and 1250 Hopewell Crest, Milton, Georgia (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"),. NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. in the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS 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. CONTRACTOR ("Principal"): Tri Scapes, Inc. By: v - (signature) —Pei (print) Title: ttest: Date: (signature) _ �vu_ i f �► .� 41 ILMI eYr-- (print) Title: h—k"j Date: CONTRACTOR'S S 0 Lackey Title: Attorney In Fact Attest: Date:�7tv J9 � KaLMaynard (print) Title: Account Manager Date: 0 fl15P0:x- (ATTACH SURETY'S POWER OF ATTORNEY) -,, �aidn➢69:65515 -'� (signature) `(print) (SEAL) "EXHIBIT D.2" PAYMENT BOND NO.: 20BCSII1922 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Tri Scapes, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Hartford Fire Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR' S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of Thirteen Thousand Dollars ($13,000.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as Miscellaneous Stormwater Projects at 320 Oakhurst Leaf Drive and 1250 Hopewell Crest, Milton, Georgia (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 6 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] 7 Attest: (signature) (printed) Title: �SS�.rp • �eGrc%nrr� Date: Attest: p4Lre) 1 a4inL Maynard (printed) Title: Account Manager Date: o CONTRACTOR: Tri Sca s. Inc By:(signature) Tz ecct,. Ak4 u► (printed) Title: T'e<W,— 1+" f CFo (S D)aoaa,,+ CJ'NP ES Date: —o ��Q-.°�o�t�^��`; •�' z T J ° � 1 A 'Itla+saaaaeo+�°° CONTRACT 'S URETY e Copany By: signature) Christy Lackey (printed) Title: Attorney In Fact ($EAL) Date: (ATTACH SURETY'S POWER OF ATTORNEY) 8 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: POINTENORTH INSURANCE GROUP LLC Agency Code: 20-262197 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut OTwin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois 0 Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Marilyn Brown, Keith H. Dillon, Christy Lackey, John Langsfeld, Fred R. Mitchell, William H. Skeeles, Rita L. Smith, Carolyn F. Smith of ATLANTA, Georgia their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �AF'7* _.Os� i. '�►� = • %',anrrµv� •�o1M� ss";.1976 e -;vi i97s•:y 1� � _ � • ,J}� {'� „� �...� 1979 A 4 :A :r 14 • •' . ti 'Rs:» :r� ♦ �y►Ay 1w1 • '•"..a hu•ois' Nwu•• �i`��ipA• John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT SS. Hartford COUNTY OF HARTFORD ))) On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. iENI �Y f . ^ywr f Kathleen T. Maynard Notary Public CERTIFICATE My Commission Expires July 31, 2021 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and ealed atthe City of Hartford. `a r.r - • �%:•:� ^avert• POA 2019 `�' „wro•at 'j s ►air _ga"�c`g�s. tasv � � -,: • • • ''�annrevj` � �•irafl► �,:;?;.1974 :� iti y76,e: ? 7979 Kevin Heckman, Assistant Vice President Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEY BOND, T-12 HartfOne ord, Coo ec cPla uut06155 Bond.Claims()thehartford.com call: 888-2663488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: POINTENORTH INSURANCE GROUP LLC Agency Code: 20-262197 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut OTwin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois 0 Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Marilyn Brown, Keith H. Dillon, Christy Lackey, John Langsfeld, Fred R. Mitchell, William H. Skeeles, Rita L. Smith, Carolyn F. Smith of ATLANTA, Georgia their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �AF'7* _.Os� i. '�►� = • %',anrrµv� •�o1M� ss";.1976 e -;vi i97s•:y 1� � _ � • ,J}� {'� „� �...� 1979 A 4 :A :r 14 • •' . ti 'Rs:» :r� ♦ �y►Ay 1w1 • '•"..a hu•ois' Nwu•• �i`��ipA• John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT SS. Hartford COUNTY OF HARTFORD ))) On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. iENI �Y f . ^ywr f Kathleen T. Maynard Notary Public CERTIFICATE My Commission Expires July 31, 2021 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and ealed atthe City of Hartford. `a r.r - • �%:•:� ^avert• POA 2019 `�' „wro•at 'j s ►air _ga"�c`g�s. tasv � � -,: • • • ''�annrevj` � �•irafl► �,:;?;.1974 :� iti y76,e: ? 7979 Kevin Heckman, Assistant Vice President "EXHIBIT E" See Exhibit B "EXHIBIT F" FINAL AFFIDAVIT STATE OF COUNTY OF TO CITY OF MILTON, GEORGIA I, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by or any of its subcontractors in connection with the construction of for City of Milton, Georgia have been paid and satisfied in full as of and that there are no outstanding obligations or claims of any kind for the payment of which City of Milton, Georgia on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this day of , 20 , who under oath deposes and says that he is of the firm of , that he has read the above statement, and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires STATE OF Georgia COUNTY OF Forsyth "EXHIBIT G.1" 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: 123689 Federal Work Authorization User Identification Number 06/02/2008 Date of Authorization Tri Sca en s• Inc. Name of Contractor Miscellaneous Stormwater Projects: 320 Oakhurst Leaf Dr & 1250 Hopewell Crest 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 0& /S > 20, -,win &.t7l init (city)f (sta _ Signatii�e of AuthorizeeOfficer or Agent Rebecca Martin, PresidentJCFO Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWQRN BEFORE MFhON THIS THE %7' DAY OF 20,, ) . W, Nota is [NOTARY SEAL].......... � .•9� �i� My Commission Expi;+ N� °m• :�� 7-19-� epic Q' �i ' ....2. 020 ,.•• . �N �• .• Q, �� E N/A "EXHIBIT G.2" SUBCONTRACTOR AFFIDAVIT STATE OF _ 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 Tri Scapes, 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 Miscellaneous Stormwater Projects: 320 Oakhurst Leaf Dr & 1250 Hopewell Crest 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: "EXHIBIT H" See Exhibit C "EXHIBIT I" ADDITIONAL PAYMENT TERMS A. Defined Terms. Terms used in this Agreement shall have their ordinary meaning, unless otherwise defined below or elsewhere in the Contract Documents. (i) "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. 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 Contractor through each invoice (except the final invoice) may request payment for no more than ninety percent (90%) of that portion of the Work completed during the term covered by each invoice as agreed upon by the Contract Administrator or the City. All amounts retained by the City shall be held as a lump sum until Final Completion of all Work, regardless of earlier completion of individual component(s) of the Work. The final payment issued by the City shall include all amounts retained by the City under this paragraph, subject to any deviations in the Work or Change Orders executed pursuant this Agreement. "EXHIBIT J" Reserved "EXHIBIT K" The City will be Administering the Contract Itself "EXHIBIT U See Exhibit A "EXHIBIT M" Contractor Responsibility for Proiect and Worksite During Construction 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 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. 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. CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 9, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Contract between the Fulton County Finance Department and the City of Milton for Water Service at Cox Road Sports Complex MEETING DATE: Monday, June 15, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: 1729E49A-AADF-4464-8AD0-C6AB7865CE25 X X June 15, 2020 X X To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on June 4, 2020 for the on June 15, 2020 Regular Council Meeting Agenda Item: Approval of a Contract between the Fulton County Finance Department and the City of Milton for Water Service at the Cox Road Sports Complex. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a contract to provide water service at the Cox Road Sports Complex. Executive Summary: Staff is proposing to start water service at the Cox Road complex. The Fulton County Finance Department – Water and Sewer Billing and Collection Department has changed their procedures and they now require a signed contract agreement prior to starting up new service. Funding and Fiscal Impact: The acceptance of this contract will result in a monthly utility bill for this facility. With no access to the previous owner’s utility invoices, we do not know what the monthly expense will be. Alternatives: There is no viable alternative. DocuSign Envelope ID: 29CF8CEB-DC5F-40B9-BB9E-8E1EA1E96C10 Legal Review: Ken Jarrard – Jarrard & Davis, June 3, 2020. Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Water/Sewer Account Setup Application DocuSign Envelope ID: 29CF8CEB-DC5F-40B9-BB9E-8E1EA1E96C10 ?* ffi FULTON couilTY I l,e* f ras/,y i Tar Til " 27-7f Zs * [CIE2ut'?rul:opr a€c{t*,r*t # FrrLToilGolmwF,,rAtccDsAfiT]rENT 7 6 @.gv mr:n*swrnrnrmri n*p dAQdfrSihnaox N gfe r Z O l.fl Flor & 9dt 701. Ashrrr, GA tG0, FltdE (/Oal 612{1130 Fn ({Ol) 612-21 I I &neit ltlw.Scrylcr@tdton@snt,llatlu WATER'SEWER ACCOUNT SETUP APPLICATION Ol / r:fl o 6og3e9^q0 Appllcatlon Dab Appllcenfr ilanrc Service Addtrr llelllngAddmm (if dlfrrcnt) GbehgDGorleas6 StartDets PrlmerTPlrna Tpe Erndlldrss l.est a Dlglh 3$N or Tu lD Previons (lfserriced Fulton / chocrr one [l ourhrEn I rexArlr f] mrrulcEl'tEl{T coHPAily I nralron Scconery fr p 0) cifyofrn;lbrt r ,-{f bsulqg Strts would you ttke to dirconnec d,.r *rytet f] ves, Dbcooncct on drh dater f-l (lf YEIS. il** pr*lO" the dircsrnertarO fi XO r Wrterrorulcaconmcfononodf beeccsrmodrtedonune*drys.ThcCqmgfbrrtablcbEt ftwcerr€rylcronwsd<endsorholkhfr. r Resldemlrlrrtrrccorsrtsmrtd&donabl.oondfTbulr(etrryt*omon$n).ComrercdaccounsarrUtcdmodrh. r ln romldcratbn fiot rodvtlg rrtr nrdor *rr rerrle nom Fulen ComV. 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DL#orGouornmont kilsd lD# Srrctl*lrl Prtrbd Jlame lf you are udng lnternet Exploner, you €n uge dte hrttolt below to emait your request direcdyfrom $h pa6e ff you are usirq Chroma fireilox or Sfiri lou wen ned to: o IBAYE thls form onyour comp!fier; o Ops*r irwirhAdob€ Readen o Use tlebufionHowtoemailfiere4r€la Sigrffirc Altorrdt ery, thb aphdonahgui$ 6e requfedaoornemdon can be rubmimd via:. Fax t{0,1) 612-21 I l; orr kr Frron *onedtfiefolbwilq locations: o I1575l,bmidl na4Alplnuta GA30009; or o l{l PrrorSt51lY, Tth Roor, Athnta, GA 30303. C;f,f/,' 2 os 6 l-ferif+"te 1,,,4 lK rl t lf"n 6f *06'c- ffg€2 County Approved as to Form: rsza BLOICG.s s Ess\Gowwizz{ou s p E� _A\rN0'E-MN \ C76uV oC gnnsLiou con; C td1HErEME Koei V pD" gsor EeCoPs 160uata lax >U.00 3030-000323^0 Lfisq uuq gscougsq IOU-01-3030 03108bw 0ssq R04 47 O36 62 27 d ei fj,le 4 �.'. 5:v '4ud��t4` z�er) `tea No Text Pigau gonapi Qeo iu rsLr at 2nbbLICL C LF FEME UD&I OOK Boar VT O Sd ba 23S CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 11, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Contract between the City of Milton and AT&T to Move Circuits from 13000 Deerfield Parkway, Milton, Georgia to 2006 Heritage Walk, Milton, Georgia for the Phone System and to Increase Bandwidth for Improved Functionality MEETING DATE: Monday, June 15, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X June 15, 2020 X X To: Honorable Mayor and City Council Members From: David Frizzell, IT Manager Date: Submitted on June 8, 2020 for Consent Agenda on the June 15th, 2020 Regular City Council Meeting. Agenda Item: Approval of a Contract between the City of Milton and AT&T to Move Circuits from 13000 Deerfield Parkway, Milton, Georgia to 2006 Heritage Walk, Milton, Georgia for the Phone System and to Increase Bandwidth for Improved Functionality _____________________________________________________________________________________ Department Recommendation: The IS department recommends approval. Executive Summary: This contract authorizes the move of the existing Primary Rate Interface (PRI) circuit at 13000 Deerfield Parkway to 2006 Heritage Walk. This circuit is used by the city’s Shoretel phone system for telephone communications. Funding and Fiscal Impact: The replacement circuit has 10MB bandwidth compared to the 1.5MB circuit currently in use by Shoretel. 1.5MB circuits are no longer available. Annual costs for the new circuit will increase by approximately $3,600 per year. Alternatives: None Legal Review: Sam VanVolkenburgh, Jarrard & Davis (6/8/2020) Concurrent Review: Steve Krokoff, City Manager Attachment(s): AT&T Dedicated Internet & Voice Bundle_CONTRACT_ID_7664305.pdf AT&T Master Agreement – amended 6-12-2019.pdf AT&T Dedicated Internet & Voice Bundle Agreement Doc ID: ADIVBEXP–1 V4 – 10/19/2018 Rate ID: ADIVB-061018-30, USOFN20 AT&T and Customer Confidential Information Page 1 of 7 The rates, discounts and other provisions in this Agreement are contingent upon signature by both parties on or before December 31, 2020. For AT&T Administrative Use Only attuid: KT330G Account # ____________________ Master Customer # ____________________ Doc Viewer ID: ____________________ Contract ID#: ADV14175812 Company Name (“Customer”) AT&T – Contact For Notices AT&T Sales Contact - Primary Contact Legal Name: CITY OF MILTON AT&T Corp Name: KRISTEN THALMAN Street Address: 2006 HERITAGE WALK One AT&T Way Street Address: 2180 Lake Blvd NE City: MILTON, State: GA Zip: 30004 Bedminster, NJ 07921-0752 City: ATLANTA, State: GA Zip: 30319 Tel # 7702960870 ATTN: Master Agreement Support Team: mast@att.com Tel # 4045394358 AGREEMENT TERMS 1. SERVICES Service Service Publications Location AT&T Dedicated Internet & Voice Bundle (ADIVB)http://serviceguidenew.att.com/sg_flashPlayerPage/BVOIP (See AT&T Dedicated Internet & Voice Bundle) 2. AGREEMENT TERM AND EFFECTIVE DATES OF RATES Term Term Start Date/Effective Date of Rates and Discounts 3 years Effective Date of this Agreement 3. SERVICES COMPONENTS AND RATES (PRICES) 3.1. AT&T Dedicated Internet & Voice Bundle Port Speed Concurrent Calls Off-Net long distance - Included Minutes (per month) Monthly Service Charge Group 1 Monthly Service Charge Group 2 Monthly Service Charge Group 3 10 Mbps 10 3,000 $698.60 $956.20 $1,100.40 10 Mbps 15 4,500 $735.00 $1,015.00 $1,159.20 10 Mbps 23 6,900 $777.00 $1,108.80 $1,253.00 10 Mbps 30 9,000 $903.00 $1,190.70 $1,334.90 10 Mbps 46 13,800 $1,113.00 $1,377.60 $1,521.80 20 Mbps 10 3,000 $777.00 $1,234.80 $1,331.40 20 Mbps 15 4,500 $833.00 $1,301.30 $1,397.90 20 Mbps 23 6,900 $903.00 $1,407.70 $1,504.30 20 Mbps 30 9,000 $1,043.00 $1,500.10 $1,596.70 20 Mbps 46 13,800 $1,253.00 $1,712.20 $1,808.80 50 Mbps 10 3,000 $1,043.00 $1,593.90 $1,714.30 50 Mbps 15 4,500 $1,113.00 $1,660.40 $1,780.80 50 Mbps 23 6,900 $1,183.00 $1,766.10 $1,886.50 50 Mbps 30 9,000 $1,253.00 $1,859.20 $1,979.60 50 Mbps 46 13,800 $1,398.60 $2,071.30 $2,191.70 100 Mbps 10 3,000 $1,330.00 $2,093.00 $2,288.30 100 Mbps 15 4,500 $1,393.00 $2,156.00 $2,352.00 100 Mbps 23 6,900 $1,435.00 $2,257.50 $2,453.50 100 Mbps 30 9,000 $1,505.00 $2,346.40 $2,542.40 Contract Id: 7664305 AT&T Dedicated Internet & Voice Bundle Agreement Doc ID: ADIVBEXP–1 V4 – 10/19/2018 Rate ID: ADIVB-061018-30, USOFN20 AT&T and Customer Confidential Information Page 2 of 7 100 Mbps 46 13,800 $1,533.00 $2,550.10 $2,745.40 150 Mbps 10 3,000 $1,398.60 $2,500.40 $2,747.50 150 Mbps 15 4,500 $1,463.00 $2,566.20 $2,814.00 150 Mbps 23 6,900 $1,505.00 $2,672.60 $2,920.40 150 Mbps 30 9,000 $1,538.60 $2,765.70 $3,012.80 150 Mbps 46 13,800 $1,678.60 $2,977.80 $3,224.90 250 Mbps 10 3,000 $1,855.00 $3,250.80 $3,532.90 250 Mbps 15 4,500 $1,925.00 $3,316.60 $3,598.70 250 Mbps 23 6,900 $2,023.00 $3,423.00 $3,705.10 250 Mbps 30 9,000 $2,093.00 $3,515.40 $3,798.20 250 Mbps 46 13,800 $2,233.00 $3,727.50 $4,010.30 400 Mbps 10 3,000 $1,958.60 $4,333.70 $4,759.30 400 Mbps 15 4,500 $2,028.60 $4,397.40 $4,823.00 400 Mbps 23 6,900 $2,098.60 $4,498.90 $4,924.50 400 Mbps 30 9,000 $2,378.60 $4,587.80 $5,013.40 400 Mbps 46 13,800 $2,518.60 $4,790.80 $5,216.40 500 Mbps 10 3,000 $2,183.30 $5,187.00 $5,732.30 500 Mbps 15 4,500 $2,253.30 $5,250.70 $5,796.00 500 Mbps 23 6,900 $2,323.30 $5,352.20 $5,897.50 500 Mbps 30 9,000 $2,603.30 $5,441.10 $5,986.40 500 Mbps 46 13,800 $2,743.30 $5,644.80 $6,189.40 600 Mbps 10 3,000 $2,375.80 $5,826.80 $6,436.50 600 Mbps 15 4,500 $2,445.80 $5,928.30 $6,538.00 600 Mbps 23 6,900 $2,725.80 $6,017.20 $6,626.90 600 Mbps 30 9,000 $2,865.80 $6,220.20 $6,829.90 600 Mbps 46 13,800 $2,865.80 $6,220.20 $6,829.90 1,000 Mbps 10 3,000 $2,842.00 $6,357.40 $7,065.10 1,000 Mbps 15 4,500 $2,912.00 $6,458.90 $7,166.60 1,000 Mbps 23 6,900 $3,192.00 $6,547.80 $7,255.50 1,000 Mbps 30 9,000 $3,332.00 $6,750.80 $7,459.20 1,000 Mbps 46 13,800 $3,332.00 $6,750.80 $7,459.20 On-Net Calling & Local Off-Net Calling Unlimited Enhanced Features Package (per concurrent call)$1.60 US Off-Net per minute calling charge in excess of Off- Net long distance included minutes $0.0400 IP Toll-Free Calling Plan Charge, Monthly Charge per Site*$21.00 * Includes 1,000 minutes of usage per month per calling Plan G per Customer. Additional usage charges shall apply for aggregate usage over 1,000 minutes per the AT&T IP Toll-Free table below. IP Toll-Free can only be added to a new order for ADIVB. Business In A Box Base Unit NextGen $0.00 Service Components: 20% International Off-Net Outbound Calls – Land-Line (Fixed) and Mobile Terminations (per minute) Service Component Discount applied to Service Guide rates, as revised from time to time AT&T IP Toll-Free Contract Id: 7664305 AT&T Dedicated Internet & Voice Bundle Agreement Doc ID: ADIVBEXP–1 V4 – 10/19/2018 Rate ID: ADIVB-061018-30, USOFN20 AT&T and Customer Confidential Information Page 3 of 7 United States Calling Plan Calling Plan G AT&T IPTF Inbound – Interstate Usage AT&T IPTF Calling Charge – US Intrastate Usage AT&T IPTF Inbound –Canada to US Usage See BVOIP SG – AT&T Dedicated Internet & Voice Bundle, for Rate Table as revised from time to time 4. WAIVERS Charges Waived Minimum Retention Period Monthly Charge per Dialed Toll-Free number for AT&T Toll-Free Advanced Features (Classic)-Feature Package II-Routing Plan Option Non-Recurring Charge per Dialed Toll-Free number for AT&T Toll-Free Advanced Features (Classic)-Feature Package II-Routing Plan Option AT&T IPTF Calling Plan G Non- Recurring Charge Dial Plan Setup Fee BVoIP Toll-Free Routing Arrangement (APN) Charge, Monthly Charge Per Site * N/A: Not Applicable ** This waiver applies only to new AT&T Toll-Free Advanced Features accounts. If a Toll- Free number is associated with an existing AT&T Toll-Free Advanced Features account, AT&T Toll-Free Advanced Features (Classic)-Feature Package II-Routing Plan Option will be billed on that account. N/A* 5. MINIMUM PAYMENT PERIOD Service Components Percent of Monthly Service Charge Due Upon Termination Prior to Completion of Minimum Payment Period Minimum Payment Period per Service Component All Service Components 50%Longer of 12 months or until the end of the Agreement Term 6. AT&T DEDICATED INTERNET & VOICE BUNDLE GENERAL TERMS AND CONDITIONS 6.1. Agreement: AT&T and/or its Affiliates shall provide Customer products and services identified in this document (“Services”) pursuant to the “Agreement” consisting of this document and the following applicable “Service Publications”, incorporated by reference: (i) Tariff(s), Guidebook(s) and/or Service Guide(s) found at att.com/service publications, and (ii) the AT&T Acceptable Use Policy (“AUP”) found at att.com/aup. AT&T may revise the Service Publications at any time. The order of priority of the documents that form the Agreement is, in descending order: this document; the AUP; and, then the applicable Tariff(s), Guidebook(s) and/or Service Guide(s) (provided, however, Tariffs will be first in priority in any jurisdiction where applicable law or regulation does not permit contract terms to take precedence over inconsistent Tariff terms). 6.2. Services: AT&T will provide or arrange to have the Service provided to Customer subject to availability and operational limitations of systems, facilities and equipment. Customer may not resell any component of the Service without AT&T’s written consent. Customer will cause Users to comply with the Agreement and Customer is responsible for their use of the Service or any component of the Service, unless expressly provided to the contrary in a Service Publication. 6.3. Access to Premises: Customer will in a timely manner allow AT&T to access, or, at Customer’s expense, obtain timely access for AT&T to, property (other than public property) and equipment reasonably required to provide the Service. Access includes information and the right to construct, install, repair, maintain, replace and remove access lines and network facilities, and use ancillary equipment space within the building, necessary for Customer’s connection to AT&T’s network. Customer will furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities, and other items required to perform installation of the Services, and obtain any necessary licenses, permits and consents (including easements and rights-of-way). 6.4. Hazardous Materials: Customer will ensure that the Site is a suitable and safe working environment, free of any substance or material that poses an unreasonable risk to health, safety, or property or whose use, transport, storage, handling, disposal, or release is regulated by any law related to pollution, protection of air, water, or soil, or health and safety. If AT&T encounters any such hazardous materials at a Site, AT&T may terminate the affected Service Component, or suspend performance until Customer remediates the condition. Contract Id: 7664305 AT&T Dedicated Internet & Voice Bundle Agreement Doc ID: ADIVBEXP–1 V4 – 10/19/2018 Rate ID: ADIVB-061018-30, USOFN20 AT&T and Customer Confidential Information Page 4 of 7 6.5. Independent Contractor Relationship: Each party is an independent contractor. Neither party controls the other, and neither party nor its Affiliates, employees, agents or contractors are Affiliates, employees, agents or contractors of the other party. 6.6. License and Third-Party Terms: Software, Purchased Equipment and Third-Party Services, if any, may be provided subject to the terms of a separate license or other agreement between Customer and either the licensor, the third-party service provider or the manufacturer. Customer’s execution of this Agreement is Customer’s agreement to comply with such separate agreement. Unless a Service Publication specifies otherwise, AT&T’s sole responsibility with respect to Third-Party Services is to place Customer’s orders for Third-Party Services, except that AT&T may invoice and collect payment from Customer for the Third-Party Services. 6.7. AT&T Equipment: Title to AT&T Equipment will remain with AT&T. Customer must provide electric power for the AT&T Equipment, must keep the AT&T Equipment physically secure and free from liens and encumbrances and will bear the risk of loss or damage (other than ordinary wear and tear) to AT&T Equipment. 6.8. Prices: Unless this document states otherwise, the prices listed in the Agreement are stabilized for the Term and no promotion, credit, discount or waiver set forth in a Service Publication will apply. 6.9. Taxes; Surcharges; Fees. Prices in this Agreement are exclusive of, and Customer will pay, all current or future taxes, surcharges, recovery fees, shipping charges, and other similar charges. 6.10. Billing, Payments and Deposits: Payment is due thirty (30) days after the invoice date and must refer to the invoice number. Restrictive endorsements or other statements on checks are void. If Customer does not dispute a charge in writing within six (6) months date of the invoice in which the disputed charge initially appears, Customer waives the right to dispute the charge. AT&T may recover all costs (including attorney fees) of collecting delinquent or dishonored payments and may charge a late fee for overdue payments at the lower of 1.5% per month (18% per annum) or the maximum rate allowed by law; plus all costs (including attorney fees) of collecting delinquent or dishonored payments. AT&T may require Customer to establish a deposit as a condition of providing Services, and AT&T may apply such deposit to any charges owed. Customer authorizes AT&T to investigate Customer’s credit and share information about Customer with credit reporting agencies. 6.11. Expiration of Term: At the end of the Term (but subject to any existing Minimum Payment Period), Customer may continue Service under a month- to-month service arrangement at the prices, terms and conditions in effect on the last day of the Term; however, upon expiration of the Term or applicable MPP, whichever is later, AT&T may change such prices, terms or conditions on 30 days’ prior notice to Customer and either party may terminate such service arrangement upon thirty (30) days’ notice. 6.12. Termination and Suspension: Either party may terminate this Agreement immediately upon notice if the other party becomes insolvent, ceases operations, is the subject of a bankruptcy petition, or makes an assignment for the benefit of its creditors. Either Party may terminate an affected Service for material breach, and AT&T may terminate or suspend (and later terminate) an affected Service, if such breach is not cured within 30 days of notice. If Customer is in violation of the AUP and fails to rectify the violation within five (5) days after receiving notice from AT&T, then AT&T may suspend or terminate the affected Service. Provided, however, if Customer: (i) commits a fraud upon AT&T; (ii) utilizes the Service to commit a fraud upon another party; (iii) unlawfully uses the Service; (iv) abuses or misuses AT&T’s network or Service; or (v) interferes with another customer’s use of AT&T’s network or services, AT&T may terminate or suspend a Service, and, if the violating activity implicates the entire Agreement, terminate the entire Agreement, immediately upon notice. AT&T also has the right to suspend or terminate the applicable portion of the Service immediately when: (i) AT&T’s suspension or termination is in response to multiple or repeated AUP violations or complaints; (ii) AT&T is acting in response to a court order or governmental notice that certain conduct must be stopped; or (iii) AT&T reasonably determines: (a) that it may be exposed to sanctions, liability, prosecution, or other adverse consequences under applicable law if AT&T were to allow the violation to continue; (b) that such violation may cause harm to or interfere with the integrity or normal operations or security of AT&T’s network or networks with which AT&T is interconnected or interfere with another customer’s use of AT&T Services or the Internet; or (c) that such violation otherwise presents imminent risk of harm to AT&T or AT&T’s customers or their respective employees. 6.13. Early Termination Charges: If Customer terminates a Service or Service Component for Customer’s convenience or AT&T terminates a Service or Service Component for cause, Customer must pay: (i) 50% of any unpaid recurring charges for the terminated Service Component attributable to the unexpired portion of an applicable Minimum Payment Period, (ii) if termination occurs before the end of an applicable Minimum Retention Period, any associated credits or waived or unpaid non-recurring charges, and (iii) any access facilities cancellation charges and other third-party charges incurred by AT&T due to the termination. The charges set forth in this section will not apply if a terminated Service Component is replaced with an upgraded Service Contract Id: 7664305 AT&T Dedicated Internet & Voice Bundle Agreement Doc ID: ADIVBEXP–1 V4 – 10/19/2018 Rate ID: ADIVB-061018-30, USOFN20 AT&T and Customer Confidential Information Page 5 of 7 Component at the same Site, but only if the Minimum Payment Period or Minimum Retention Period, as applicable, (the “Minimum Period”) and associated charge for the replacement Service Component are equal to or greater than the corresponding Minimum Period and associated charge for the terminated Service Component, respectively, and if the upgrade is not restricted in the applicable Service Publication. 6.14. Withdrawal of Service or Service Component: Notwithstanding that this Agreement may commit AT&T to provide a Service to Customer for a Term, unless applicable local law or regulation mandates otherwise, AT&T may discontinue a Service or a Service Component to similarly situated customers and terminate Customer’s Service or Service Component upon 120 days’ notice. 6.15. Disclaimer of Warranties and Liability: AT&T MAKES NO EXPRESS OR IMPLIED WARRANTY, DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT AND DISCLAIMS ANY WARRANTIES ARISING BY USAGE OF TRADE OR BY COURSE OF DEALING. FURTHER, AT&T MAKES NO WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING 911 CALLS) AND MAKES NO WARRANTY REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR LOAD BALANCED, THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER’S DATA AND INFORMATION OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES RELATING TO: INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, DATA, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS, SERVICE ERRORS OR INTERRUPTIONS, INCLUDING INTERRUPTIONS OR ERRORS IN ROUTING OR COMPLETING ANY 911 CALLS OR ANY OTHER CALLS OR TRANSMISSIONS (EXCEPT FOR LIABILITY EXPLICITLY SET FORTH HEREIN); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER’S OR OTHERS’ APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORKS OR SYSTEMS. 6.16. Limitation of Liability: AT&T’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY FOR DAMAGES ARISING OUT OF AT&T’s BREACH OF THIS AGREEMENT AND NOT DISCLAIMED UNDER THIS AGREEMENT SHALL NOT EXCEED THE APPLICABLE CREDITS SPECIFIED IN THE SERVICE PUBLICATION OR, IF NO CREDITS ARE SPECIFIED, AN AMOUNT EQUAL TO THE TOTAL NET CHARGES TO CUSTOMER FOR SERVICE TO WHICH SUCH BREACH RELATES DURING THE PERIOD IN WHICH SUCH BREACH OCCURS AND CONTINUES. THIS LIMITATION WILL NOT APPLY TO BODILY INJURY, DEATH OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED BY AT&T’S NEGLIGENCE OR INTENTIONAL MISCONDUCT. ALL SOFTWARE AND PURCHASED EQUIPMENT IS PROVIDED TO CUSTOMER ON AN “AS IS” BASIS. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. 6.17. The above Disclaimer or Warranties and Liability and Limitations of Liability will apply regardless of the form of action, whether in contract, tort, strict liability or otherwise, of whether damages were foreseeable and of whether a party was advised of the possibility of such damages. These disclaimers and limitations of liability will survive failure of any exclusive remedies provided in this Agreement. 6.18. Indemnity: Customer agrees at its expense to defend, indemnify and hold harmless AT&T, its Affiliates and its and their employees, directors, subcontractors and suppliers or to pay all damages finally awarded against such parties on account of a third-party claim where: (i) the claim arises from Customer’s or a User’s use of a Service; (ii) the claim alleges a breach by Customer, its Affiliates or Users of a Software license agreement; or (iii) alleges that a Service infringes any patent, trademark, copyright or trade secret where the claimed infringement arises out of or results from: (a) Customer’s, its Affiliate’s or a User’s content; (b) modifications to the Service by Customer, its Affiliate or a third party, or combinations of the Service with any non-AT&T services or products by Customer or others; (c) AT&T’s adherence to Customer’s or its Affiliate’s written requirements; or (d) use of a Service in violation of this Agreement. 6.19. ARBITRATION: ALL CLAIMS AND DISPUTES ARISING FROM THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES (SUBJECT TO THE REQUIREMENTS OF THE FEDERAL ARBITRATION ACT). ANY JUDGMENT ON ANY AWARD RENDERED MAY BE ENTERED AND ENFORCED IN A COURT HAVING JURISDICTION. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO AWARD ANY DAMAGES DISCLAIMED BY THIS AGREEMENT OR IN EXCESS OF THE LIABILITY LIMITATIONS IN THIS AGREEMENT, SHALL NOT HAVE THE AUTHORITY TO ORDER PRE- HEARING DEPOSITIONS OR DOCUMENT DISCOVERY, BUT MAY COMPEL ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS AT THE HEARING. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY AND WAIVE ANY RIGHT TO PARTICIPATE IN OR INITIATE CLASS ACTIONS; IF THE PARTIES CANNOT WAIVE THESE RIGHTS, THIS ENTIRE PARAGRAPH IS VOID. Contract Id: 7664305 AT&T Dedicated Internet & Voice Bundle Agreement Doc ID: ADIVBEXP–1 V4 – 10/19/2018 Rate ID: ADIVB-061018-30, USOFN20 AT&T and Customer Confidential Information Page 6 of 7 6.20. General Provisions: This Agreement and any pricing or other proposals are confidential to Customer and AT&T. Neither party may publicly disclose any confidential information of the other party without the prior written consent of the other, unless authorized by applicable law, regulation or court order. Until directed otherwise by Customer in writing, if AT&T designates a dedicated account representative as Customer’s primary contact with AT&T, Customer authorizes that representative to discuss and disclose Customer’s customer proprietary network information to any employee or agent of Customer without a need for further authentication or authorization. Each party will comply with all applicable laws and regulations and with all applicable orders issued by courts or other governmental bodies of competent jurisdiction. Each party is responsible for complying with the privacy laws applicable to its business. AT&T shall require its personnel, agents and contractors around the world who process Customer Personal Data to protect Customer Personal Data in accordance with the data protection laws and regulations applicable to AT&T’s business. If Customer does not want AT&T to comprehend Customer data to which it may have access in performing Services, Customer must encrypt such data so that it will be unintelligible. Customer is responsible for obtaining consent from and giving notice to its Users, employees and agents regarding Customer’s and AT&T’s collection and use of the User, employee or agent information in connection with a Service. Customer will only make accessible or provide Customer Personal Data to AT&T when it has the legal authority to do so. AT&T may monitor electronic transmissions across its network to maintain compliance with its legal and regulatory obligations and to operate, maintain and enhance the network and Services. Where required by law, AT&T may provide Customer Personal Data to third parties such as courts, law enforcement or regulatory authorities. This Agreement may not be assigned by either party without the prior written consent of the other party, which consent will not be unreasonably withheld or delayed, except that AT&T may: (i) assign in whole or relevant part its rights and obligations under this Agreement to an AT&T Affiliate, or (ii) subcontract work to be performed under this Agreement, but AT&T will in each such case remain financially responsible for the performance of such obligations. Any claim or dispute arising out of this Agreement must be filed within two (2) years after the cause of action arises. This Agreement does not provide any third party (including Users) the right to enforce it or to any remedy, claim, liability, cause of action or other right or privilege. Unless a regulatory agency with jurisdiction over the applicable Service applies a different law this Agreement will be governed by the law of the State of New York, without regard to its conflict of law principles. The United Nations Convention on Contracts for International Sale of Goods will not apply. Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss or damage due to causes beyond such party’s reasonable control, including strikes and labor disputes. Customer must send any notice required or permitted under this Agreement in writing to the AT&T address set forth above. 6.21. Definitions: “Affiliate” of a party means an entity that controls, is controlled by, or is under common control with such party. “API” means an application program interface used to make a resources request from a remote implementer program. An API may include coding, specifications for routines, data structures, object classes, and protocols used to communicate between programs. “AT&T Equipment” equipment owned by AT&T and located at Customer’s premises. “Customer Personal Data” means information that identifies an individual, that Customer directly or indirectly makes accessible to AT&T in the course of providing the Services. “Minimum Payment Period” means the minimum period identified in the Agreement during which Customer is required to pay recurring charges for the Service Component. “Minimum Retention Period” means the Minimum Retention Period identified for a Service Component in a Pricing Schedule or Service Publication during which Customer is required to maintain service to avoid the payment (or repayment) of certain credits, waived charges or amortized charges. “Purchased Equipment” means equipment or other tangible products Customer purchases under this Agreement, including any replacements of Purchased Equipment provided to Customer. Purchased Equipment includes any internal code required to operate such equipment and any physical media provided to Customer on which Software is stored, but does not include Software. “Service Component” means an individual component of a Service provided under this Agreement. “Site” means a physical location, including Customer’s collocation space on AT&T’s or subcontractor’s property, where AT&T installs or provides Service. “Software” means any software (including APIs and all associated written and electronic documentation and data) provided to Customer for a Service. “Third-Party Service” means a service provided directly to Customer by a third party under a separate agreement between Customer and the third party. “User” means anyone who uses or accesses any Service provided to Customer. FOR VOICE OVER INTERNET PROTOCOL (VOIP) SERVICES, THE UNDERSIGNED, ON BEHALF OF CUSTOMER, ACKNOWLEDGES THAT CUSTOMER HAS RECEIVED AND UNDERSTANDS THE ADVISORIES CONCERNING THE CIRCUMSTANCES UNDER WHICH E911 SERVICE USING A VOICE OVER IP SYSTEM MAY NOT BE AVAILABLE OR MAY BE IN SOME WAY LIMITED BY COMPARISON TO USING TRADITIONAL WIRELINE TELEPHONE SERVICE. SUCH CIRCUMSTANCES INCLUDE, BUT ARE NOT LIMITED TO, RELOCATION OF THE END USER’S TELEPHONE SETS OR OTHER EQUIPMENT, USE OF A NON-NATIVE OR VIRTUAL TELEPHONE NUMBER, FAILURE IN THE BROADBAND CONNECTION, LOSS OF ELECTRICAL POWER, AND DELAYS THAT MAY OCCUR IN UPDATING THE CUSTOMER’S LOCATION IN THE AUTOMATIC LOCATION INFORMATION DATABASE. THE ADVISORIES ARE FURTHER PROVIDED IN THE SERVICE PUBLICATION. Contract Id: 7664305 AT&T Dedicated Internet & Voice Bundle Agreement Doc ID: ADIVBEXP–1 V4 – 10/19/2018 Rate ID: ADIVB-061018-30, USOFN20 AT&T and Customer Confidential Information Page 7 of 7 By signing below, the person signing on behalf of customer personally represents and warrants to AT&T that he or she has the authority and power to sign on behalf of Customer and bind Customer to this Agreement. Customer understands and agrees to be bound by the terms and conditions for service as described in the attached terms and conditions, including but not limited to all terms and conditions incorporated by reference. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. This Agreement is effective when signed by both Customer and AT&T Corp. (“Effective Date”). Customer (by its authorized representative)AT&T Corp. (by its authorized representative) By:By: Name: Name: Title: Title: Date: Date: Contract Id: 7664305 AT&T Dedicated Internet & Voice Bundle Agreement V4 – 10/19/2018 AT&T and Customer Confidential Information Page 1 of 1 Letter of Authorization to Obtain Customer Service Records Only 1. I appoint AT&T as my agent to request Customer Service Records (CSRs) with the Local Exchange Company(s) (LEC) for analyzing Local Service. This appointment shall extend to all service accounts for which customer appears as the customer of record. 2. This Appointment is applicable to the following location (Choose one) Blanket LOA (For all locations in the United States) YES NO 3. I certify that I am either the customer of record for these lines or that I am authorized by the customer of record to make this decision. ORDERED BY CUSTOMER: CITY OF MILTON Signature: Printed Name: Title: Date: This authorization shall continue in force unless and until revoked by the customer. Customer Name: CITY OF MILTON AT&T Customer Account #: Customer Full Address & Zip: 2006 HERITAGE WALK MILTON GA 30004 AT&T Full Address & Zip: 2180 Lake Blvd NE ATLANTA GA 30319 Customer Contact: Tel. #: 7702960870 AT&T Contact: Tel. #: 4045394358 Email ID: kt330g@us.att.com Master Customer No.: AE PID: Contract Id: 7664305 C MASTER AGREEMENT AT&T MA Reference No. Customer AT&T City of Milton AT&T Corp. Street Address: 13000 Deerfield Parkway, Suite 107 Name:, City: Milton State/Province: GA Name: Thu -Mai Sekhou Zip Code: 30004 Country: US o r Customer Contact for notices AT&T Contact for notices Name: Joe Lockwood Street Address: 754 Peachtree St. NE -150, Flr. Title: Mayor City: Atlanta State/Province: GA Street Address: 13000 Deerfield Parkway, Suite 107 Zip Code: 30308 Country: US City: Milton State/Province: GA Zip Code: 30004 Country: US With a copy to: Telephone: (678) 242-2484 AT&T Corp. Fax: (678) 242-2499 One AT&T Way Email: Joe.Lockwood@cityofmiltonga.us Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast@aft.com This Master Agreement ("Master Agreement'), between the customer named above ("Customer") and the AT&T entity named above ("AT&T"), is effective when signed by both Customer and AT&T. Customer (by its authorized re resent ive) AT&T (by its authorized representative B: B: Name:, Loctuj o O a Name: Thu -Mai Sekhou Title: 1 r `Q o r Title: Client Solutions Executive S1 Date: — (� �G Date: August 30, 2016 ua_ver_iii.doc UA VER III 11/16/2012 AT&T and Customer Confidential Information Page 1 of 9 jm67933 082916 SR 1-4TYNGSF NRLR MASTER AGREEMENT 1. INTRODUCTION 1.1 Overview of Documents. This Master Agreement and the following additional documents (collectively, the "Agreement") shall apply to all products and services AT&T provides Customer pursuant to this Agreement ("Services") and shall continue in effect so long as Services are provided under this Agreement: (a) Pricing Schedules. A "Pricing Schedule" means a pricing schedule (including related attachments) or other document that is attached to or is later executed by the parties and references this Master Agreement. A Pricing Schedule includes the Services, the pricing (including discounts and commitments, if applicable) and the pricing schedule term ("Pricing Schedule Term"). (b) Tariffs and Guidebooks. "Tariffs" are documents containing the descriptions, pricing and other terms and conditions for a Service that AT&T or its Affiliates file with regulatory authorities. "Guidebooks" are documents (designated as Guidebooks or Price Lists) containing the descriptions, pricing and other terms and conditions for a Service that were but no longer are filed with regulatory authorities. Tariffs and Guidebooks can be found at att.com/servicepublications or other locations AT&T may designate. (c) Acceptable Use Policy. AT&T's Acceptable Use Policy ("AUP") applies to (i) Services provided over or accessing the Internet and (ii) wireless (i.e., cellular) data and messaging Services. The AUP can be found at att.com/aun or other locations AT&T may designate. (d) Service Guides. The descriptions, pricing and other terms and conditions for a Service not covered by a Tariff or Guidebook may be contained in a Service Guide, which can be found at att.com/servicepublications or other locations AT&T may designate. 1.2 Priority of Documents. The order of priority of the documents that form this Agreement is: the applicable Pricing Schedule or Order; this Master Agreement; the AUP; and Tariffs, Guidebooks and Service Guides; provided that Tariffs will be first in priority in any jurisdiction where applicable law or regulation does not permit contract terms to take precedence over inconsistent Tariff terms. 1.3 Revisions to Documents. Subject to Section 8.2(b) (Materially Adverse Impact), AT&T may revise Service Publications at any time. 1.4 Execution by Affiliates. An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule in its own name, and such Affiliate contract will be a separate but associated contract incorporating the terms of this Agreement. Customer and AT&T will cause their respective Affiliates to comply with any such separate and associated contract. 2. AT&T DELIVERABLES 2.1 Services. AT&T will either provide or arrange to have an AT&T Affiliate provide Services to Customer and its Users, subject to the availability and operational limitations of systems, facilities and equipment. Where required, an AT&T Affiliate authorized by the appropriate regulatory authority will be the service provider. If an applicable Service Publication expressly permits placement of an order for a Service under this Master Agreement without the execution of a Pricing Schedule, Customer may place such an order using AT&T's standard ordering processes (an "Order"), and upon acceptance by AT&T, the Order shall otherwise be deemed a Pricing Schedule under this Master Agreement for the Service ordered. 2.2 AT&T Equipment. Services may be provided using equipment owned by AT&T that is located at the Site ("AT&T Equipment"), but title to the AT&T Equipment will remain with AT&T. Customer must provide adequate space and electric power for the AT&T Equipment and keep the AT&T Equipment physically secure and free from liens and encumbrances. Customer will bear the risk of loss or damage to the AT&T Equipment (other than ordinary wear and tear), except to the extent caused by AT&T or its agents. 2.3 Purchased Equipment. Except as specified in a Service Publication, title to and risk of loss of Purchased Equipment shall pass to Customer on delivery to the transport carrier for shipment to Customer's designated location. 2.4 License and Other Terms. Software, Purchased Equipment and Third -Party Services may be provided subject to the terms of a separate license or other agreement between Customer and either the licensor, the third -party service provider or the manufacturer. Customer's execution of the Pricing Schedule for or placement of an Order for Software, Purchased Equipment or Third -Party Services is Customer's agreement to comply with such separate agreement. Unless a Service Publication specifies otherwise, AT&T's sole responsibility with respect to Third -Party Services is to place Customer's orders for Third -Party Services, except that AT&T may invoice and collect payment from Customer for the Third -Party Services. 3. CUSTOMER'S COOPERATION 3.1 Access Right. Customer will in a timely manner allow AT&T access as reasonably required for the Services to property and equipment that Customer controls and will obtain at Customer's expense timely access for AT&T as reasonably required for the Services to property controlled by third parties such as Customer's landlord. AT&T will coordinate with and, except in an emergency, obtain Customer's consent to enter upon Customer's property and premises, which consent shall not be unreasonably withheld. Access rights mean the right to construct, install, repair, maintain, replace and remove access lines and network facilities and the right to use ancillary equipment space within a building for Customer's connection to AT&T's network. Customer must provide AT&T timely information and access to Customer's facilities and equipment as AT&T reasonably requires for the Services, subject to Customer's reasonable security policies. Customer will furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities and other items as AT&T reasonably requires for the Services and will obtain any necessary licenses, permits and consents (including easements and rights-of- way). Customer will have the Site ready for AT&T to perform its work according to a mutually agreed schedule. ua_ver_iii.doc UA VER III 11/16/2012 AT&T and Customer Confidential Information Page 2 of 9 jm67933 082916 SR 1-4TYNGSF NRLR ur_S71111 4T_'X4ff ZZT=F* rOr 3.2 Safe Working Environment. Customer will ensure that the location at which AT&T installs, maintains or provides Services is a safe working environment, free of Hazardous Materials and reasonably suitable for the Services. "Hazardous Materials" mean any substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage, handling, disposal or release is regulated by any law related to pollution, to protection of air, water or soil or to health and safety. AT&T shall have no obligation to perform work at a location that is not a suitable and safe working environment or to handle, remove or dispose of Hazardous Materials. 3.3 Users. "User" means anyone who uses or accesses any Service provided to Customer. Customer will cause Users to comply with this Agreement and is responsible for Users' use of any Service unless expressly provided to the contrary in an applicable Service Publication. 3.4 Resale of Services. Customer may not resell the Services or rebrand the Services for resale to third parties without AT&T's prior written consent. 4. PRICING AND BILLING 4.1 Pricing and Pricing Schedule Term; Terms Applicable After End of Pricing Schedule Term. The prices listed in a Pricing Schedule are stabilized until the end of the Pricing Schedule Term and will apply in lieu of the corresponding prices set forth in the applicable Service Publication. No promotion, credit, discount or waiver set forth in a Service Publication will apply. Unless the Pricing Schedule states otherwise, at the end of the Pricing Schedule Term, Customer may continue Service (subject to any applicable notice or other requirements in a Service Publication for Customer to terminate a Service Component) under a month-to-month service arrangement at the prices, terms and conditions in effect on the last day of the Pricing Schedule Term. AT&T may change such prices, terms or conditions on 30 days' prior notice to Customer. 4.2 Additional Charges and Taxes. Prices set forth in a Pricing Schedule are exclusive of and Customer will pay all taxes (excluding those on AT&T's net income), surcharges, recovery fees, customs clearances, duties, levies, shipping charges and other similar charges (and any associated interest and penalties resulting from Customer's failure to timely pay such taxes or similar charges) relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent Customer provides a valid exemption certificate prior to the delivery of Services. To the extent required by law, Customer may withhold or deduct any applicable taxes from payments due to AT&T, provided that Customer will use reasonable commercial efforts to minimize any such taxes to the extent allowed by law or treaty and will furnish AT&T with such evidence as may be required by relevant taxing authorities to establish that such tax has been paid so that AT&T may claim any applicable credit. 4.3 Billing. Unless a Service Publication specifies otherwise, Customer's obligation to pay for a Service Component begins upon availability of the Service Component to Customer. Customer will pay AT&T without deduction, setoff or delay for any reason (except for withholding taxes as provided in Section 4.2 - Additional Charges and Taxes or in Section 4.5 - Delayed Billing; Disputed Charges). At Customer's request, but subject to AT&T's consent (which may not be unreasonably withheld or withdrawn), Customer's Affiliates may be invoiced separately, and AT&T will accept payment from such Affiliates. Customer will be responsible for payment if Customer's Affiliates do not pay charges in accordance with this Agreement. AT&T may require Customer or its Affiliates to tender a deposit if AT&T determines, in its reasonable judgment, that Customer or its Affiliates are not creditworthy, and AT&T may apply such deposit to any charges owed. 4.4 Payments. Payment is due within 30 days after the date of the invoice (unless another date is specified in an applicable Tariff or Guidebook) and must refer to the invoice number. Charges must be paid in the currency specified in the invoice. Restrictive endorsements or other statements on checks are void. Customer will reimburse AT&T for all costs associated with collecting delinquent or dishonored payments, including reasonable attorneys' fees. AT&T may charge late payment fees at the lowest of (a) 1.5% per month (18% per annum), (b) for Services contained in a Tariff or Guidebook at the rate specified therein, or (c) the maximum rate allowed by law for overdue payments. 4.5 Delayed Billing; Disputed Charges. Customer will not be required to pay charges for Services initially invoiced more than 6 months after close of the billing period in which the charges were incurred, except for calls assisted by an automated or live operator. If Customer disputes a charge, Customer will provide notice to AT&T specifically identifying the charge and the reason it is disputed within 6 months after the date of the invoice in which the disputed charge initially appears, or Customer waives the right to dispute the charge. The portion of charges in dispute may be withheld and will not be considered overdue until AT&T completes its investigation of the dispute, but Customer may incur late payment fees in accordance with Section 4.4 (Payments). Following AT&T's notice of the results of its investigation to Customer, payment of all properly due charges and properly accrued late payment fees must be made within ten (10) business days. AT&T will reverse any late payment fees that were invoiced in error. 4.6 Credit Terms. AT&T retains a lien and purchase money security interest in each item of Purchased Equipment and Vendor Software until Customer pays all sums due. AT&T is authorized to sign and file a financing statement to perfect such security interest. 4.7 MARC. Minimum Annual Revenue Commitment ("MARC") means an annual revenue commitment set forth in a Pricing Schedule that Customer agrees to satisfy during each 12 -consecutive -month period of the Pricing Schedule Term. If Customer fails to satisfy the MARC for any such 12 -month period, Customer will pay a shortfall charge in an amount equal to the difference between the MARC and the total of the applicable MARC -Eligible Charges incurred during such 12 -month period, and AT&T may withhold contractual credits until Customer pays the shortfall charge. ua_ver_iii.doc UA VER 111 11/16/2012 AT&T and Customer Confidential Information Page 3 of 9 jm67933 082916 SR 1-4TYNGSF NRLR MASTER AGREEMENT 4.8 Adjustments to MARC. (a) In the event of a business downturn beyond Customer's control, or a corporate divestiture, merger, acquisition or significant restructuring or reorganization of Customer's business, or network optimization using other Services, or a reduction of AT&T's prices, or a force majeure event, any of which significantly impairs Customer's ability to meet a MARC, AT&T will offer to adjust the affected MARC to reflect Customer's reduced usage of Services (with a corresponding adjustment to the prices, credits or discounts available at the reduced MARC level). If the parties reach agreement on a revised MARC, AT&T and Customer will amend the affected Pricing Schedule prospectively. This Section 4.8 will not apply to a change resulting from Customer's decision to use service providers other than AT&T. Customer will provide AT&T notice of the conditions Customer believes will require the application of this provision. This provision does not constitute a waiver of any charges, including monthly recurring charges and shortfall charges, Customer incurs prior to amendment of the affected Pricing Schedule. (b) If Customer, through merger, consolidation, acquisition or otherwise, acquires a new business or operation, Customer and AT&T may agree in writing to include the new business or operation under this Agreement. Such agreement will specify the impact, if any, of such addition on Customer's MARC or other volume or growth discounts and on Customer's attainment thereof. 5. CONFIDENTIAL INFORMATION 5.1 Confidential Information. Confidential Information means: (a) information the parties or their Affiliates share with each other in connection with this Agreement or in anticipation of providing Services under this Agreement (including pricing or other proposals), but only to the extent identified as Confidential Information in writing; and (b) except as may be required by applicable law or regulation, the terms of this Agreement. 5.2 Obligations. A disclosing party's Confidential Information will, for a period of 3 years following its disclosure to the other party (except in the case of software, for which the period is indefinite): (a) not be disclosed, except to the receiving party's employees, agents and contractors having a need -to -know (but only if such agents and contractors are not direct competitors of the other party and agree in writing to use and disclosure restrictions as restrictive as this Section 5) or to the extent authorized to be revealed by law, governmental authority or legal process (but only if such disclosure is limited to that which is so authorized and prompt notice is provided to the disclosing party to the extent practicable and not prohibited by law, governmental authority or legal process); (b) be held in confidence; and (c) be used only for purposes of using the Services, evaluating proposals for new services or performing this Agreement (including in the case of AT&T to detect fraud, to check quality and to operate, maintain and enhance the network and Services). 5.3 Exceptions. The restrictions in this Section 5 will not apply to any information that: (a) is independently developed by the receiving party without use of the disclosing party's Confidential Information; (b) is lawfully received by the receiving party free of any obligation to keep it confidential; or (c) becomes generally available to the public other than by breach of this Agreement. 5.4 Privacy. Each party is responsible for complying with the privacy laws applicable to its business. AT&T shall require its personnel, agents and contractors around the world who process Customer Personal Data to protect Customer Personal Data in accordance with the data protection laws and regulations applicable to AT&T's business. If Customer does not want AT&T to comprehend Customer data to which it may have access in performing Services, Customer must encrypt such data so that it will be unintelligible. Customer is responsible for obtaining consent from and giving notice to its Users, employees and agents regarding Customer's and AT&T's collection and use of the User, employee or agent information in connection with a Service. Customer will only make accessible or provide Customer Personal Data to AT&T when it has the legal authority to do so. Unless otherwise directed by Customer in writing, if AT&T designates a dedicated account representative as Customer's primary contact with AT&T, Customer authorizes that representative to discuss and disclose Customer's customer proprietary network information to any employee or agent of Customer without a need for further authentication or authorization. 6. LIMITATIONS OF LIABILITY AND DISCLAIMERS 6.1 Limitation of Liability. (a) EITHER PARTY'S ENTIRE LIABILITY AND THE OTHER PARTY'S EXCLUSIVE REMEDY FOR DAMAGES ON ACCOUNT OF ANY CLAIM ARISING OUT OF AND NOT DISCLAIMED UNDER THIS AGREEMENT SHALL BE: (i) FOR BODILY INJURY, DEATH OR DAMAGE TO REAL PROPERTY OR TO TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY A PARTY'S NEGLIGENCE, PROVEN DIRECT DAMAGES; (ii) FOR BREACH OF SECTION 5 (Confidential Information), SECTION 10.1 (Publicity) OR SECTION 10.2 (Trademarks), PROVEN DIRECT DAMAGES; (iii) FOR ANY THIRD -PARTY CLAIMS, THE REMEDIES AVAILABLE UNDER SECTION 7 (Third Party Claims); (iv) FOR CLAIMS ARISING FROM THE OTHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVEN DAMAGES; OR (v) FOR CLAIMS OTHER THAN THOSE SET FORTH IN SECTION 6.1(a)(i)-(iv), PROVEN DIRECT DAMAGES NOT TO EXCEED, ON A PER CLAIM OR AGGREGATE BASIS DURING ANY TWELVE (12) MONTH PERIOD, AN AMOUNT EQUAL TO THE TOTAL NET CHARGES INCURRED BY CUSTOMER FOR THE AFFECTED SERVICE IN THE RELEVANT COUNTRY DURING THE THREE (3) MONTHS PRECEDING THE MONTH IN WHICH THE CLAIM AROSE. ua_ver_iii.doc AT&T and Customer Confidential Information Page 4 of 9 UA VER III 11/16/2012 jm67933 082916 SR 1-4TYNGSF NRLR MASTER AGREEMENT (b) EXCEPT AS SET FORTH IN SECTION 7 (Third Party Claims) OR IN THE CASE OF A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OR FOR INCREASED COST OF OPERATIONS. (c) THE LIMITATIONS IN THIS SECTION 6 SHALL NOT LIMIT CUSTOMER'S RESPONSIBILITY FOR THE PAYMENT OF ALL PROPERLY DUE CHARGES UNDER THIS AGREEMENT. 6.2 Disclaimer of Liability. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO: INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, DATA, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR ANY SERVICE ERROR OR INTERRUPTION, INCLUDING INTERRUPTIONS OR ERRORS IN ROUTING OR COMPLETING ANY 911 OR OTHER EMERGENCY RESPONSE CALLS OR ANY OTHER CALLS OR TRANSMISSIONS (EXCEPT FOR CREDITS EXPLICITLY SET FORTH IN THIS AGREEMENT); LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER'S (OR ITS AFFILIATES', USERS' OR THIRD PARTIES') APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORKS OR SYSTEMS. 6.3 Purchased Equipment and Vendor Software Warranty. AT&T shall pass through to Customer any warranties for Purchased Equipment and Vendor Software available from the manufacturer or licensor. The manufacturer or licensor, and not AT&T, is responsible for any such warranty terms and commitments. ALL SOFTWARE AND PURCHASED EQUIPMENT IS OTHERWISE PROVIDED TO CUSTOMER ON AN "AS IS" BASIS. 6.4 Disclaimer of Warranties. AT&T MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON -INFRINGEMENT AND SPECIFICALLY DISCLAIMS ANY WARRANTY ARISING BY USAGE OF TRADE OR BY COURSE OF DEALING. FURTHER, AT&T MAKES NO REPRESENTATION OR WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TO 911 OR ANY SIMILAR EMERGENCY RESPONSE NUMBER) AND MAKES NO GUARANTEE REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR SUBJECT TO LOAD BALANCING OR THAT AT&T'S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER'S DATA AND INFORMATION. 6.5 Application and Survival. The disclaimer of warranties and limitations of liability set forth in this Agreement will apply regardless of the form of action, whether in contract, equity, tort, strict liability or otherwise, of whether damages were foreseeable and of whether a party was advised of the possibility of such damages and will apply so as to limit the liability of each party and its Affiliates and their respective employees, directors, subcontractors and suppliers. The limitations of liability and disclaimers set out in this Section 6 will survive failure of any exclusive remedies provided in this Agreement. THIRD PARTY CLAIMS 7.1 AT&T's Obligations. AT&T agrees at its expense to defend and either to settle any third -party claim against Customer, its Affiliates and its and their respective employees and directors or to pay all damages that a court finally awards against such parties for a claim alleging that a Service provided to Customer under this Agreement infringes any patent, trademark, copyright or trade secret, but not where the claimed infringement arises out of or results from: (a) Customer's, its Affiliate's or a User's content; (b) modifications to the Service by Customer, its Affiliate or a third party, or combinations of the Service with any non -AT&T services or products by Customer or others; (c) AT&T's adherence to Customer's or its Affiliate's written requirements; or (d) use of a Service in violation of this Agreement. 7.2 Customer's Obligations. Customer agrees at its expense to defend and either to settle any third -party claim against AT&T, its Affiliates and its and their respective employees, directors, subcontractors and suppliers or to pay all damages that a court finally awards against such parties for a claim that: (a) arises out of Customer's, its Affiliate's or a User's access to or use of the Services and the claim is not the responsibility of AT&T under Section 7.1; (b) alleges that a Service infringes any patent, trademark, copyright or trade secret and falls within the exceptions in Section 7.1; or (c) alleges a breach by Customer, its Affiliate or a User of a Software license agreement. 7.3 Infringing Services. Whenever AT&T is liable under Section 7.1, AT&T may at its option either procure the right for Customer to continue using, or may replace or modify, the Service so that it is non -infringing. 7.4 Notice and Cooperation. The party seeking defense or settlement of a third -party claim under this Section 7 will provide notice to the other party promptly upon learning of any claim for which defense or settlement may be sought, but failure to do so will have no effect except to the extent the other party is prejudiced by the delay. The party seeking defense or settlement will allow the other party to control the defense and settlement of the claim and will reasonably cooperate with the defense. The defending party will use counsel reasonably experienced in the subject matter at issue and will not settle a claim without the written consent of the party being defended, which consent will not be unreasonably withheld or delayed, except that no consent will be required to settle a claim where relief against the party being defended is limited to monetary damages that are paid by the defending party under this Section 7. 7.5 AT&T's obligations under Section 7.1 shall not extend to actual or alleged infringement or misappropriation of intellectual property based on Purchased Equipment, Software, or Third -Party Services. ua_ver_iii.doc UA VER 111 11/16/2012 AT&T and Customer Confidential Information Page 5 of 9 jm67933 082916 SR 1-4TYNGSF NRLR A-1t;GT[C17:T# WZ11ir 8. SUSPENSION AND TERMINATION 8.1 Termination of Agreement. This Agreement may be terminated immediately upon notice by either party if the other party becomes insolvent, ceases operations, is the subject of a bankruptcy petition, enters receivership or any state insolvency proceeding or makes an assignment for the benefit of its creditors. 8.2 Termination or Suspension. The following additional termination provisions apply: (a) Material Breach. If either party fails to perform or observe any material warranty, representation, term or condition of this Agreement, including non-payment of charges, and such failure continues unremedied for 30 days after receipt of notice, the aggrieved party may terminate (and AT&T may suspend and later terminate) the affected Service Components and, if the breach materially and adversely affects the entire Agreement, terminate (and AT&T may suspend and later terminate) the entire Agreement. (b) Materially Adverse Impact. If AT&T revises a Service Publication, the revision has a materially adverse impact on Customer and AT&T does not effect revisions that remedy such materially adverse impact within 30 days after receipt of notice from Customer, then Customer may, as Customer's sole remedy, elect to terminate the affected Service Components on 30 days' notice to AT&T, given not later than 90 days after Customer first learns of the revision to the Service Publication. "Materially adverse impacts" do not include changes to non -stabilized pricing, changes required by governmental authority, or assessment of or changes to additional charges such as surcharges or taxes. (c) Internet Services. If Customer fails to rectify a violation of the AUP within 5 days after receiving notice from AT&T, AT&T may suspend the affected Service Components. AT&T reserves the right, however, to suspend or terminate immediately when: (i) AT&T's suspension or termination is in response to multiple or repeated AUP violations or complaints; (ii) AT&T is acting in response to a court order or governmental notice that certain conduct must be stopped; or (iii) AT&T reasonably determines that (a) it may be exposed to sanctions, liability, prosecution or other adverse consequences under applicable law if AT&T were to allow the violation to continue; (b) such violation may harm or interfere with the integrity, normal operations or security of AT&T's network or networks with which AT&T is interconnected or may interfere with another customer's use of AT&T services or the Internet; or (c) such violation otherwise presents an imminent risk of harm to AT&T, AT&T's customers or its or their respective employees. (d) Fraud or Abuse. AT&T may terminate or suspend an affected Service or Service Component and, if the activity materially and adversely affects the entire Agreement, terminate or suspend the entire Agreement, immediately by providing Customer with as much advance notice as is reasonably practicable under the circumstances if Customer, in the course of breaching the Agreement: (i) commits a fraud upon AT&T; (ii) uses the Service to commit a fraud upon another party; (iii) unlawfully uses the Service; (iv) abuses or misuses AT&T's network or Service; or (v) interferes with another customer's use of AT&T's network or services. (e) Infringing Services. If the options described in Section 7.3 (Infringing Services) are not reasonably available, AT&T may at its option terminate the affected Services or Service Components without liability other than as stated in Section 7.1 (AT&T's Obligations). (f) Hazardous Materials. If AT&T encounters any Hazardous Materials at the Site, AT&T may terminate the affected Services or Service Components or may suspend performance until Customer removes and remediates the Hazardous Materials at Customer's expense in accordance with applicable law. 8.3 Effect of Termination. (a) Termination or suspension by either party of a Service or Service Component does not waive any other rights or remedies a party may have under this Agreement and will not affect the rights and obligations of the parties regarding any other Service or Service Component. (b) If a Service or Service Component is terminated, Customer will pay all amounts incurred prior to the effective date of termination. 8.4 Termination Charges. (a) If Customer terminates this Agreement or an affected Service or Service Component for cause in accordance with the Agreement or if AT&T terminates a Service or Service Component other than for cause, Customer will not be liable for the termination charges set forth in this Section 8.4. (b) If Customer or AT&T terminates a Service or Service Component prior to Cutover other than as set forth in Section 8.4(a), Customer (i) will pay any pre -Cutover termination or cancellation charges set out in a Pricing Schedule or Service Publication, or (ii) in the absence of such specified charges, will reimburse AT&T for time and materials incurred prior to the effective date of termination, plus any third party charges resulting from the termination. (c) If Customer or AT&T terminates a Service or Service Component after Cutover other than as set forth in Section 8.4(a), Customer will pay applicable termination charges as follows: (i) 50% (unless a different amount is specified in the Pricing Schedule) of any unpaid recurring charges for the terminated Service or Service Component attributable to the unexpired portion of an applicable Minimum Payment Period; (ii) if termination occurs before the end of an applicable Minimum Retention Period, any associated credits or waived or unpaid non-recurring charges; and (iii) any charges incurred by AT&T from a third party (i.e., ua_ver_iii.doc UA VER 111 11/16/2012 AT&T and Customer Confidential Information Page 6 of 9 jm67933 082916 SR 1-4TYNGSF NRLR MASTER AGREEMENT not an AT&T Affiliate) due to the termination. The charges set forth in Sections 8.4(c)(i) and (ii) will not apply if a terminated Service Component is replaced with an upgraded Service Component at the same Site, but only if the Minimum Payment Period or Minimum Retention Period, as applicable, (the "Minimum Period") and associated charge for the replacement Service Component are equal to or greater than the corresponding Minimum Period and associated charge for the terminated Service Component, respectively, and if the upgrade is not restricted in the applicable Service Publication. (d) In addition, if Customer terminates a Pricing Schedule that has a MARC, Customer will pay an amount equal to 50% of the unsatisfied MARC for the balance of the Pricing Schedule Term. 9. IMPORTIEXPORT CONTROL Neither party will use, distribute, transfer or transmit any equipment, services, software or technical information provided under this Agreement (even if incorporated into other products) except in compliance with all applicable import and export laws, conventions and regulations. 10. MISCELLANEOUS PROVISIONS 10.1 Publicity. Neither party may issue any public statements or announcements relating to the terms of this Agreement or to the provision of Services without the prior written consent of the other party. 10.2 Trademarks. Each party agrees not to display or use, in advertising or otherwise, any of the other party's trade names, logos, trademarks, service marks or other indicia of origin without the other party's prior written consent, which consent may be revoked at any time by notice. 10.3 Independent Contractor. Each party is an independent contractor. Neither party controls the other, and neither party nor its Affiliates, employees, agents or contractors are Affiliates, employees, agents or contractors of the other party. 10.4 Force Majeure. Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss or damage due to fire, explosion, cable cuts, power blackout, earthquake, flood, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism, acts of God, acts of a public enemy, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies or other causes beyond such party's reasonable control. 10.5 Amendments and Waivers. Any supplement to or modification or waiver of any provision of this Agreement must be in writing and signed by authorized representatives of both parties. A waiver by either party of any breach of this Agreement will not operate as a waiver of any other breach of this Agreement. 10.6 Assignment and Subcontracting. (a) Customer may, without AT&T's consent but upon notice to AT&T, assign in whole or relevant part its rights and obligations under this Agreement to a Customer Affiliate. AT&T may, without Customer's consent, assign in whole or relevant part its rights and obligations under this Agreement to an AT&T Affiliate. In no other case may this Agreement be assigned by either party without the prior written consent of the other party (which consent will not be unreasonably withheld or delayed). In the case of any assignment, the assigning party shall remain financially responsible for the performance of the assigned obligations. (b) AT&T may subcontract to an Affiliate or a third party work to be performed under this Agreement but will remain financially responsible for the performance of such obligations. (c) In countries where AT&T does not have an Affiliate to provide a Service, AT&T may assign its rights and obligations related to such Service to a local service provider, but AT&T will remain responsible to Customer for such obligations. In certain countries, Customer may be required to contract directly with the local service provider. 10.7 Severability. If any portion of this Agreement is found to be invalid or unenforceable or if, notwithstanding Section 10.11 (Governing Law), applicable law mandates a different interpretation or result, the remaining provisions will remain in effect and the parties will negotiate in good faith to substitute for such invalid, illegal or unenforceable provision a mutually acceptable provision consistent with the original intention of the parties. 10.8 Injunctive Relief. Nothing in this Agreement is intended to or should be construed to prohibit a party from seeking preliminary or permanent injunctive relief in appropriate circumstances from a court of competent jurisdiction. 10.9 Legal Action. Any legal action arising in connection with this Agreement must be filed within two (2) years after the cause of action accrues, or it will be deemed time-barred and waived. The parties waive any statute of limitations to the contrary. 10.10 Notices. Any required notices under this Agreement shall be in writing and shall be deemed validly delivered if made by hand (in which case delivery will be deemed to have been effected immediately), or by overnight mail (in which case delivery will be deemed to have been effected one (1) business day after the date of mailing), or by first class pre -paid post (in which case delivery will be deemed to have been effected five (5) days after the date of posting), or by facsimile or electronic transmission (in which case delivery will be deemed to have been effected on the day the transmission was sent). Any such notice shall be sent to the office of the recipient set forth on the cover page of this Agreement or to such other office or recipient as designated in writing from time to time. 10.11 Governing Law. This Agreement will be governed by the law of the State of Georgia, without regard to its conflict of law principles, unless a regulatory agency with jurisdiction over the applicable Service applies a different law. The United Nations Convention on Contracts for International Sale of Goods will not apply. ua_ver_iii.doc UA VER III 11/16/2012 AT&T and Customer Confidential Information Page 7 of 9 jm67933 082916 SR 1-4TYNGSF NRLR MASTER AGREEMENT 10.12 Compliance with Laws. Each party will comply with all applicable laws and regulations and with all applicable orders issued by courts or other governmental bodies of competent jurisdiction. 10.13 No Third Party Beneficiaries. This Agreement is for the benefit of Customer and AT&T and does not provide any third party (including Users) the right to enforce it or to bring an action for any remedy, claim, liability, reimbursement or cause of action or any other right or privilege. 10.14 Survival. The respective obligations of Customer and AT&T that by their nature would continue beyond the termination or expiration of this Agreement, including the obligations set forth in Section 5 (Confidential Information), Section 6 (Limitations of Liability and Disclaimers) and Section 7 (Third Party Claims), will survive such termination or expiration. 10.15 Agreement Language. The language of this Agreement is English. If there is a conflict between this Agreement and any translation, the English version will take precedence. 10.16 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter. Except as provided in Section 2.4 (License and Other Terms), this Agreement supersedes all other agreements, proposals, representations, statements and understandings, whether written or oral, concerning the Services or the rights and obligations relating to the Services, and the parties disclaim any reliance thereon. This Agreement will not be modified or supplemented by any written or oral statements, proposals, representations, advertisements, service descriptions or purchase order forms not expressly set forth in this Agreement. 11. E -Verify 11.1. Employment of Unauthorized Aliens Prohibited; E -Verify Affidavits Required. (a) Compliance with the requirements of O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02 are conditions of this Agreement. (b) AT&T agrees that the employee -number category designated below is applicable to AT&T: 500 or more employees. 100 or more employees. Fewer than 100 employees. (c) If AT&T employs or contracts with any subcontractor(s) in connection with this Agreement, AT&T will secure from the subcontractor(s) such subcontractor(s') indication of the employee -number category applicable to the subcontractor. (d) AT&T's compliance with the requirements of O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02 shall be attested by the execution of a Contractor Affidavit and Agreement (a form of which is attached hereto marked Exhibit 1), which document will be attached to, and become a part of, this Agreement. (e) If AT&T employs or contracts with any subcontractor(s) in connection with this Agreement, AT&T will secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02 by the subcontractor's execution of a Subcontractor Affidavit (a form of which is attached hereto marked Exhibit 2), and maintain records of such attestation for inspection by the City at any time. Such Subcontractor Affidavit shall become a part of the AT&T/subcontractor agreement. 11.2. 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, AT&T agrees that, during performance of this Agreement, AT&T, 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, AT&T agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. 12. DEFINITIONS "Affiliate" of a party means any entity that controls, is controlled by or is under common control with such party. "API" means an application program interface used to make a resources request from a remote implementer program. An API may include coding, specifications for routines, data structures, object classes, and protocols used to communicate between programs. "AT&T Software" means software, including APIs, and all associated written and electronic documentation and data owned by AT&T and licensed by AT&T to Customer. AT&T Software does not include software that is not furnished to Customer. ua_ver_iii.doc UA VER 111 11/16/2012 AT&T and Customer Confidential Information Page 8 of 9 im67933 082916 SR 1-4TYNGSF NRLR MASTER AGREEMENT "Customer Personal Data" means information that identifies an individual, that Customer directly or indirectly makes accessible to AT&T and that AT&T collects, holds or uses in the course of providing the Services. "Cutover" means the date Customer's obligation to pay for Services begins. "Effective Date" of a Pricing Schedule means the date on which the last party signs the Pricing Schedule unless a later date is required by regulation or law. "MARC -Eligible Charges" means the recurring and usage charges (including amounts calculated from unpaid charges that are owed under Section 8.4(c)(i)), after deducting applicable discounts and credits (other than outage or SLA credits), that AT&T charges Customer for the Services identified in the applicable Pricing Schedule as MARC -contributing. The following are not MARC -Eligible Charges: (a) charges for or in connection with Customer's purchase of equipment; (b) taxes; and (c) charges imposed in connection with governmentally imposed costs or fees (such as USF, PICC, payphone service provider compensation, E911 and deaf relay charges). "Minimum Payment Period" means the Minimum Payment Period identified for a Service Component in a Pricing Schedule or Service Publication during which Customer is required to pay recurring charges for the Service Component. "Minimum Retention Period" means the Minimum Retention Period identified for a Service Component in a Pricing Schedule or Service Publication during which Customer is required to maintain service to avoid the payment (or repayment) of certain credits, waived charges or amortized charges. "Purchased Equipment" means equipment or other tangible products Customer purchases under this Agreement, including any replacements of Purchased Equipment provided to Customer. Purchased Equipment also includes any.internal code required to operate such Equipment. Purchased Equipment does not include Software but does include any physical media provided to Customer on which Software is stored. "Service Component" means an individual component of a Service provided under this Agreement. "Service Publications" means Tariffs, Guidebooks, Service Guides and the AUP. "Site" means a physical location, including Customer's collocation space on AT&T's or its Affiliate's or subcontractor's property, where AT&T installs or provides a Service. "Software" means AT&T Software and Vendor Software. "Third -Party Service" means a service provided directly to Customer by a third party under a separate agreement between Customer and the third party. "Vendor Software" means software, including APIs, and all associated written and electronic documentation and data AT&T furnishes to Customer, other than AT&T Software. ua_ver_iii.doc UA VER 111 11/16/2012 AT&T and Customer Confidential Information Page 9 of 9 jm67933 082916 SR 1-4TYNGSF NRLR 20190611-4057 153709UA SB616H Laura Morales 12 Jun 2019 Contract Specialist CGI Amendment # _1_ to MASTER AGREEMENT CUSTOM TERMS AND CONDITIONS The parties agree to modify the terms and conditions of the Diaster Agreement, upon the date this Amendment is signed by both parties, as follows: 1A. Article 8 SUSPENSION AND TERMINATION Section 8.5 is added as follows: 8.5. Non -Appropriations of Funding. If Customer is a government agency dependent entirely on government funding, by executing this Agreement, Customer warrants that Customer has funds appropriated and available to pay all amounts due hereunder through the end of Customer's current fiscal period. Customer further agrees to use reasonable efforts to obtain all appropriations and funding necessary to pay for the Services for each subsequent fiscal period through the end of the applicable Minimum Payment Period. In the event Customer is unable to obtain the necessary appropriations or funding for the Services provided under this Agreement, Customer may terminate the Services without liability for the Termination Charges set forth in section 8 (Suspension and Termination) upon the following conditions: (i) Customer has taken .all actions necessary to obtain adequate appropriations or funding; (ii) despite Customer's best efforts funds have not been appropriated and are otherwise unavailable to pay for the Services; and (iii) Customer has negotiated in good faith with AT&T to develop revised terms, an alternative payment schedule or a new agreement to accommodate Customer's budget. Customer must provide AT&T thirty (30) days' written notice of its intent to terminate the Services under this section. Termination of the Services for failure to obtain necessary appropriations or funding shall be effective as of the last day for which funds were appropriated or othenvise made available. If Customer terminates the Services under this Agreement under this section; Customer agrees as follows: (i) it will pay all amounts due for Services incurred through date of termination, and reimburse all unrecovered non-recurring charges; and (ii) it will not contract with any other provider for the same or substantially similar services or equipment for a period equal to the original Minimum Payment Period for such Service(s). Amendment P 1 AT&T and Customer Confidential Information MOB RC)Mr 1-AH+1TlzNn WR I-AL7.KMN(3 Page 2 of 2 W9165 05232419 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 9, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Milton Scratch Fresh, LLC. 12890 Highway 9 N, Suite 160, Milton, Georgia 30004 MEETING DATE: Monday, June 15, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: A77437AA-B9BE-43DE-8B45-5EFCF23B2713 June 15, 2020 X X X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on June 9, 2020 for the June 15, 2020 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Milton Scratch Fresh LLC, 12890 Highway 9 N, Suite 160, Milton, Georgia 30004 _____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Milton Scratch Fresh LLC., for consumption on premises of wine and malt beverages. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application is submitted due to the desire of the establishment to serve consumption on premises of wine and malt beverages. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Milton Scratch Fresh LLC. Contact Name: Brenda Kelley Hughes Business Address: 12890 Highway 9 North, Suite 160, Milton, Georgia 30004 Type of License: Consumption on Premises – Wine and Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager DocuSign Envelope ID: 222E1921-71FA-4D5B-8391-4BC2A3F47045 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 9, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration to Adopt the Revised Milton Tree Canopy Conservation Ordinance and Tree Conservation Manual MEETING DATE: Monday, June 15, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: D0B834DF-5B2A-42A4-BE34-CC899D6D1F51 X X June 15, 2020 X X To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on May 26, 2020 for the June 1, 2020 Regular City Council Meeting (First Presentation) and June 15, 2020 Regular City Council Meeting (Unfinished Business) Agenda Item: Consideration to Adopt the Revised Milton Tree Canopy Conservation Ordinance and Tree Conservation Manual _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Process In April 2018, Mayor and City Council adopted the Tree Canopy Conservation Ordinance to replace the original tree density ordinance. Then, based on feedback from the community and City Council, staff began revising the Tree Canopy Conservation Ordinance. • Stakeholder Committee o In March 2019, current staff began conducting regular meetings with the Stakeholder Committee. Staff had a total of six meetings to discuss major policies in the Tree Canopy Conservation Ordinance including canopy coverage, protected and specimen tree sizes, critical root zone, tree banks, tree fund, and parking lot requirements. o In June 2019, a draft of the revised Tree Canopy Conservation Ordinance was presented to the Stakeholder Committee where consensus was received to move forward. • Planning Commission o In July 2019, staff presented the revised Tree Canopy Conservation Ordinance recommended by the Stakeholder Committee to the Planning Commission. Staff met with the Planning Commission at three different work sessions and received valuable input on the tree ordinance including waiver transparency, ensuring the manual was incorporated with the ordinance, increased recompense for Heritage Trees and language consistency. o In November 2019, staff had a joint work session with the Planning Commission and the Stakeholder Committee to gain consensus on DocuSign Envelope ID: 3BD86B79-2756-4659-8967-FFA62D1D9153 policies in the tree ordinance, such as, Specimen Tree Size and canopy coverage requirements. o In December 2019, the Planning Commission recommended going forward with the revisions to the tree ordinance. • City Council o In January 2020 there was a joint work session with Planning Commission and City Council. The focus of the work session was to introduce the revised tree ordinance to City Council and allow the Planning Commission to discuss policies including Heritage Trees, tree conservation manual, and the frequency of measure the City’s own tree canopy coverage. o In March 2020, there was a second work session with the City Council to discuss Protected Tree size, tree removal permit application fees, and incentivizing large lots 3 acres or more. o Per recommendation of the City Council, the tree ordinance was revised to change the minimum canopy coverage requirement for residential lots 3 acres or larger to 25% or existing, whichever is less, instead of 57%. o No changes were made to the tree removal permit application fees and the Protected Tree size following the March 2020 work session and staff is open for any feedback. Key Changes from the 2018 Tree Canopy Conservation Ordinance • Protected Tree size changed from 2” and 6” diameter at breast height to 8” diameter at breast height. • The definition of a Specimen Tree was changed to remove medium height trees and include Tulip-Poplars and Sweetgums in the same category as pines. • Minimum tree canopy coverage requirement for AG1 went from 60% to 57%. • Existing trees must make up one-third of the required canopy coverage during development to prevent clearcutting. • Removed Construction Zone and Improvement Area which restricted the creation of yards and pastural look. • Allow for reasonable discretion for tree removal on existing developed properties. • Approved waivers for the tree ordinance will be presented quarterly to the Planning Commission for public transparency. • Residential lots 3 acres or larger have a minimum canopy coverage requirement of 25% or existing, whichever is less, to incentivize large lots. • Streamlined the tree ordinance to remove redundancy and keep wording consistent. Moving Forward • This revised tree ordinance will become effective August 1, 2020 because currently the tree ordinance allows an applicant to use the tree-density based ordinance or the canopy-based ordinance until July 31, 2020. • Before the effective date, staff will roll out the new ordinance by hosting educational events for the community, posting information on our website/social media, and making flyers available in the permit lobby to inform the community of the new tree ordinance. • Staff will start up a tree planting initiative, Plant Milton!, to enhance tree planting in the City. The planting initiative will include: o Finding priority areas on public property to plant trees with the Tree Fund. o Encourage tree planting on private property by partnering with local nurseries and landscape businesses to offer trees to citizens. DocuSign Envelope ID: 3BD86B79-2756-4659-8967-FFA62D1D9153 o Promote trees through social media and at City events. Funding and Fiscal Impact: Additional arborist services will be required because of the proposed changes to the regulations: • The new tree ordinance could cause an increase in tree removal permit requests due to the permit requirements changing. The previous tree ordinance required a tree removal permit for trees starting at 15” DBH and new tree ordinance requires a tree removal permit for trees starting at 8” DBH, therefore, more trees will now require a tree removal permit. • The new tree ordinance requires additional information and details for a site plan included on a tree survey, tree protection plan, and tree replacement plan. This will cause for an increase in time needed for plan reviews. • There will be an increase in the number of inspections that are required with the new tree ordinance. • The new tree ordinance will create a transition period involving a significant portion of time spent on educating the public and applicants about new regulations. This will result in an increase in the volume of phone calls, emails, and meetings with applicants. There will also be workshops that will be scheduled. Alternatives: Continued Refinement Legal Review: Paul Frickey, Jarrard & Davis - 5/13/2020 Concurrent Review: Steve Krokoff, City Manager Attachment(s): 1. Redlined text of revised Tree Canopy Conservation Ordinance and Tree Conservation Manual from March 2020 City Council Work Session and Legal Review 2. Final copy of the revised Tree Canopy Conservation Ordinance and Tree Conservation Manual DocuSign Envelope ID: 3BD86B79-2756-4659-8967-FFA62D1D9153 City of Milton, Georgia Chapter 60 – Tree Canopy Conservation Ordinance Revised April 2, 2020May 15, 2020 City Council Work Session and Legal Review City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page i Table of Contents ARTICLE I. IN GENERAL ......................................................................................... 1 1. Title ................................................................................................................................................... 1 2. Purpose and Intent ........................................................................................................................... 1 3. Administrator .................................................................................................................................... 1 4. Waivers ............................................................................................................................................. 1 5. Applicability and Exemptions ............................................................................................................ 2 6. Tree Conservation Manual ................................................................................................................ 3 7. Definitions ......................................................................................................................................... 3 8. Protected Trees ................................................................................................................................. 9 9. Specimen Trees ........................................................................................................................... 1110 10. Specimen Tree Stand .............................................................................................................. 1110 11. Heritage Trees ......................................................................................................................... 1110 12. City of Milton Tree Species List ............................................................................................... 1211 13. Appeals .................................................................................................................................... 1312 14. Inspections .............................................................................................................................. 1312 15. Enforcement ........................................................................................................................... 1413 16. Notice of Violation .................................................................................................................. 1413 17. Stop Work Order ..................................................................................................................... 1514 18. Citations .................................................................................................................................. 1615 ARTICLE II. TREE CANOPY ON PROPERTY ABSENT DEVELOPMENT ACTIVITY .... 1615 19. Tree Canopy Management ..................................................................................................... 1615 20. Tree Canopy Priorities ............................................................................................................. 1615 21. Tree Canopy Cover Requirements .......................................................................................... 1615 22. Tree Removal Permit .............................................................................................................. 1716 23. Tree Canopy Replacement ...................................................................................................... 1918 24. Tree Canopy Management ..................................................................................................... 1918 25. Tree Canopy Priorities ............................................................................................................. 1918 26. Tree Canopy Plan .................................................................................................................... 2019 27. Tree Canopy Cover Requirements .......................................................................................... 2221 28. Required Tree Locations ......................................................................................................... 2423 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page ii 29. Landscape Performance Bond ................................................................................................ 2827 30. Certificate of Occupancy and Final Plat Approval ................................................................... 2827 31. Alternative Compliance ........................................................................................................... 2928 32. Tree Canopy Fund ................................................................................................................... 3029 33. Timber Harvesting ................................................................................................................... 3130 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 1 ARTICLE I. IN GENERAL 1. Title 1.1. This chapter shall be known as the Tree Canopy Conservation Ordinance of the City of Milton, Georgia or the “tree ordinance”. 2. Purpose and Intent 2.1. The purposes of the tree ordinance are to: a. Create a living and working environment for Milton’s citizens and visitors that is attractive, healthy and safe; b. Manage and utilize trees for the economic, environmental, and social functions and benefits they provide; and, c. Provide a framework for accomplishing the goals and objectives in the City’s comprehensive plan and other community, environmental and conservation ordinances, plans and policies. 2.2. The intent of this ordinance is to: a. Promote human, environmental and economic health within the community; b. Promote shared responsibility by all property owners to contribute to tree canopy cover; and, c. Establish the minimum amount of regulations that will achieve the vision and goals of the city and produce the desired outcomes. d. Maintain no net loss of tree canopy cover below the 57 percent existing as of March 2017. The City will measure the tree canopy as needed, but not to exceed a five year period between measurements, using the latest technology and use the results to evaluate the effectiveness of this ordinance in achieving the city’s tree canopy goals. 3. Administrator 3.1. The Director of the Community Development Department shall be the Administrator of the tree ordinance. 3.1.3.2. Reference to the Administrator shall include the Administrator and/or their designee. 4. Waivers City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 2 4.1. The Administrator shall have the authority to waive any provision of the tree ordinance where such waiver is consistent with the purpose and intent of the tree ordinance and where literal enforcement of the tree ordinance will create an undue hardship or unreasonable practical difficulty on the Applicant. 4.2. The Administrator shall determine if a waiver is requiredjustified. A waiver must be based upon credible evidence submitted to the Administrator demonstrating that: a. Approval, if granted, would not offend the purpose and intent of the tree ordinance; b. There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that literal or strict application of this the tree ordinance would create an unnecessary hardship due to size, shape, or topography or other extraordinary and exceptional situations or conditions not caused by the applicant; c. Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; d. That the public safety, health and welfare are secured, and that s ubstantial justice is done. 4.3. The Administrator shall keep record of all approved waivers. Every quarter, any waivers that have been approved will be presented to the Planning Commission by the Administrator. 4.4. Planning Commission may recommend amendments to the provisions of the tree ordinance to the Administrator at this time. 5. Applicability and Exemptions 5.1. The terms and provisions of the tree ordinance shall apply to: a. All real property within the City of Milton unless otherwise exempted herein; b. Any activity that requires the issuance of a development permit; c. The removal of or disturbance to the Critical Root Zone or Structural Root Plate of any Protected tree including Specimen and Heritage trees. 5.2. The activities, properties and trees that are exempt from the requirements of the tree ordinance are: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 3 a. Removal of trees posing an imminent threat or under emergency conditions; b. Commercial tree nursery and tree farm operations; c. Trees removed or pruned by any utility company as part of routine vegetation management activities or utility maintenance/repair within the utility right-of-way or existing easements. 6. Tree Conservation Manual 6.1. There is hereby adopted and incorporated by reference, as if fully set forth herein, a Tree Conservation Manual (version revised October 23,2019) that supplements the tree ordinance and sets forth standards and procedures for activities required by the tree ordinance. A copy of this manual will be available online and in the office of Community Development. 6.2. The Tree Conservation Manual may be modified by the Administrator as necessary to reduce outcomes contrary to the purpose and intent of the tree ordinance; provided that revised versions of the manual shall become part of the tree ordinance only after adoption by the City Council as an amendment to the tree ordinance. Should any standard of the Tree Conservation Manual conflict with the tree ordinance, the tree ordinance shall govern. 7. Definitions 7.1. All words used in the tree ordinance shall have their customary dictionary definitions except as specifically defined herein or in the zoning regulations if not defined herein. 7.2. The words “shall” and “must” are mandatory, and the words “may” and “should” are permissive. a. Active tree protection. The active and ongoing planning, installation and monitoring of physical measures undertaken to protect a tree during land disturbance or alteration. b. Applicant. A property owner or his/her authorized agent(s) applying for a tree removal, development, or right-of-way encroachment permit for a tree or property, or seeking approval for a tree canopy, tree protection, or tree planting and maintenance plan, or seeking approval for a minor subdivision plat, certificate of conceptual plan approval, final plat approval or certificate of occupancy. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 4 c. Appraised tree value. The dollar value of a tree as determined by a certified arborist using methodology set forth in the latest edition of the Guide for Plant Appraisal developed by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture (www.isa- arbor.com). d. Buffer, state waters. An area along the course of any state waters required by city, state or federal regulations to be maintained in an undisturbed and natural condition. e. Buffer, zoning. As required by the zoning ordinance, a natural undisturbed portion of a lot, except for approved access and utility crossings, which is set aside to achieve a visual barrier between the use on the lot and adjacent properties and/or uses with natural vegetation or replanting of trees and shrubs if sparsely vegetated. f. Caliper. The diameter of the trunk of tree nursery stock or a newly planted tree measured at 6 inches above the ground line for trees with calipers 4 inches and smaller, and at 12 inches above the ground line for trees with calipers greater than 4 inches. g. Certified arborist. Professional who possesses the technical competence gained through experience and related training to provide for or supervise the management of trees and other woody plants in residential, commercial and public landscapes and whose level of training is certified by the International Society of Arboriculture. h. City arborist. The designee of the City of Milton assigned by the Director of the Community Development Department with the primary responsibilities of administration and enforcement of the tree ordinance. i. City tree. Any tree which is located within any city park, city easement, city right-of-way, or on any other city owned property. j. Clearcutting. A method of harvesting timber that results in the removal of all trees from all or a portion of a property. k. Commercial tree nursery or commercial tree farm. A property on which trees are grown and sold as wholesale or retail nursery stock by a business licensed by the City of Milton. k.l. Conserved Tree. Any tree where encroachment into the Critical Root Zone does not exceed 25%. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 5 l.m. Critical root zone (CRZ). For a conserved tree, the ground and soil area to a depth of 24 inches within the larger of either the dripline or a circular area with a radius extending out from the trunk 1.5 feet for every 1 inch of DBH; Encroachment into the critical root zone must not exceed 25% for the tree to be considered conserved. m.n. Crown. The entirety of a tree’s scaffold limbs, branches and leaves. n.o. DBH. The diameter at breast height (4.5 feet above the ground line) of the trunk of an existing tree, calculated by dividing the circumference of the trunk by 3.14. o.p. Development activity. Any activity on real property which requires a development permit. p.q. Development permit. A land disturbance permit, grading permit, building permit, demolition permit, minor plat approval, preliminary plat approval, concept plan approval or other permit or approval issued by the City Community Development Department authorizing the commencement of the disturbance, alteration, improvement or development of a given tract of land. q.r. Dripline. The vertical line extending from the outermost edges of a tree’s branches to the ground, that forms, more or less, a circle on the ground centered on the tree’s trunk. r.s. Establishment period. For a newly planted tree, the time from planting until the beginning of the fourth growing season on-site. s.t. Existing tree. An established tree growing on-site for at least 3 complete growing seasons. t.u. Forested area. An area at least 50 feet wide in any one dimension and at least 2,500 square feet in total area consisting of at least 5 tre es with 75 percent tree canopy cover. u.v. Growing season. March 1 to November 30. v.w. Hazardous tree. A tree that is likely to fail wholly or in part, under normal environmental conditions as determined by a certified arborist. w.x. Healthy tree. A tree with a live crown ratio greater than 30 percent, less than 50 percent crown dieback, no major structural defects, a life expectancy of 15 years or greater, and free from signs or symptoms of City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 6 irreversible decline, severe insect or disease infestation, severe chlorosis, or other life-threatening conditions. x.y. Heritage tree(s). A tree that is designated by the administrator to be of notable community interest because of its outstanding age or size, landmark recognition or historical association. y.z. Land disturbing activity. Any activity which may result in soil erosion from water or wind and movement of sediments into state water or onto lands within the state, including, but not limited to clearing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural practices as set forth in the City of Milton Soil Erosion and Sedimentation Control Ordinance. z.aa. Landscape strip. An area required by the tree ordinance, the City of Milton zoning resolution or any condition of zoning, use permit or v ariance approval, which is reserved for the installation and/or maintenance of plant materials. aa.bb. Limits of disturbance. The boundary within which all construction, materials storage, grading, landscaping and related activities shall occur. bb.cc. Live crown ratio. The percentage of the total height of a tree that is occupied by the tree’s live crown. cc.dd. Open soil surface area. The square foot area of the ground surrounding a planted tree that is required to remain permeable and open, covered only by a layer of mulch; the size of the area required varies by the mature height class of the tree being planted. dd.ee. Passive tree protection. The ongoing avoidance of activities harmful to a tree, as further described in the tree ordinance, within the tree protection zone. ee.ff. Planted tree. A tree that has been planted within the last 3 years and has not yet completed 3 growing seasons on-site. ff.gg. Planting season. Mid November 15 to mid March 15. gg.hh. Priority area. An area on a lot where tree canopy cover is considered a priority over other areas due to the functions and benefits tree cover provides in that location. hh.ii. Priority tree. A specimen or heritage tree. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 7 ii.jj. Property. An area of land composed of less than one lot, or of accumulations of one or more lots, or parts thereof. jj.kk. Protected tree. Any tree 8 inches DBH or greater, any tree conserved or planted to meet tree ordinance requirements, any City Tree, any Specimen Tree, and/or any Heritage Tree. kk.ll. Remediation plan. A plan that may be required by the city arborist from a property owner or his/her authorized agent after a written notice of violation or stop work order has been issued for the property describing how the conditions of violation of the tree ordinance shall be remedied in accordance with the city arborist’s requirements and the conditions stated on the notice, order, or other pertinent documentation . ll.mm. Scaffold limbs. The large limbs branching off from the main trunk that form the basic structure of the tree’s crown and support the remaining branches and leaves. mm.nn. Soil compaction. A change in soil physical properties which includes an increase in soil weight per unit volume and a decrease in soil pore space caused by repeated vibrations or frequent traffic and weight that can result in physical root damage, reduced root penetration, a decrease in soil oxygen levels and an increase in toxic gases. nn.oo. Specimen tree(s). A tree or contiguous stand of trees of special value to the community due to its quality, size, or species, and meeting general and specific criteria as set forth in the tree ordinance, as determined by the City Arborist. oo.pp. Standard tree canopy cover credit. The square feet of tree canopy cover assigned to each of the tree canopy size classes, as set forth herein and in the City of Milton Tree Species List. pp.qq. Street tree. A tree located within a road frontage that is conserved or planted for the purpose of providing tree canopy cover over the public street right-of-way. qq.rr. Structural Root Plate. For a conserved tree, the ground and soil area to a depth of 30 inches with a radius extending out from the trunk 0.5 feet for every inch of DBH.; since this is the area of rapid tapering roots supporting the vertical weight of the tree, any damage to the structural root plate will put the tree at high risk for failure and may be required to be removed as determined by the city arborist. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 8 rr.ss. Thinning. Selective cutting of trees for timber products with the remaining trees more or less evenly distributed across a property. ss.tt. Timber harvesting. The felling of trees for timber products (pulpwood, sawtimber, etc.) as part of ongoing forest management practices, by thinning or clearcutting. tt.uu. Topping. The improper practice of the severe cutting back of limbs to stubs larger than 2 inches in diameter within the tree’s crown to such a degree that the tree canopy is removed or the crown shape typical of the species is disfigured, resulting in decay of the scaffold limbs or trunk and/or decline in main branch and sprout production. uu.vv. Tree. A self-supporting woody perennial plant with the potential to reach a minimum DBH of 3 inches and height of 15 feet at maturity under natural conditions. vv.ww. Tree bank. A site registered with the city where growing conditions are favorable for the establishment of trees per the tree placement standards set forth in the Tree Conservation Manual, and on which trees may be planted to satisfy tree replacement or minimum tree canopy cover requirements for another property. ww.xx. Tree canopy cover. The cover provided by tree crowns over the ground surface, either individually or as a group; also, a measure of the percent of a lot covered by all tree canopy, calculated by dividing the total area of tree canopy cover by the total area of the lot, and multiplying by 100. xx.yy. Tree canopy fund. A revenue account established by the city for receiving payments in lieu of meeting tree canopy cover requirements, donations, fees, and fines, and used by the city for the purchase, planting, and maintenance of trees on city property and community forest management activities. yy.zz. Tree canopy plan. A site plan showing how tree canopy cover requirements will be met on a lot, which trees will be conserved, how they will be protected, which new trees will be planted and where, and how they will be maintained. zz.aaa. Tree canopy size, tree canopy size class. The amount of tree canopy cover a tree can be expected to provide at maturity under urban conditions, as determined by the species and categorized in the tree species City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 9 list into four (4) size classes: very wide (1,600 square feet); wide (900 square feet); narrow (400 square feet); and, very narrow (150 square feet). aaa.bbb. Tree canopy value. The dollar value of 100 square feet of tree canopy cover as set forth in the city’s fee schedule and used for calculating payments into the tree canopy fund. bbb.ccc. Tree conservation manual. A supplement to the tree ordinance containing standards and procedures required for tree ordinance compliance. ccc.ddd. Tree height class. The typical total height of a tree at maturity under urban conditions, as determined by the species and categorized in the tree species list into three (3) classes: large (greater than 50 feet tall); medium (25 to 50 feet tall); and, small (less than 25 feet tall). ddd.eee. Tree ordinance. Chapter 60 – Vegetation of the City of Milton municipal code of ordinances. eee.fff. Tree protection zone (TPZ). The tree protection zone includes the critical root zone of a tree, the tree’s trunk and the entirety of the tree’s crown. fff.ggg. Tree removal permit. A permit required before a protected tree can be removed, destroyed or irreparably damaged. ggg.hhh. Tree species list. The City of Milton Tree Species List, which is located in the Tree Conservation Manual and contains the tree species approved, and not approved, for conservation and planting to satisfy tree replacement or tree canopy cover requirements. hhh.iii. Unhealthy tree. A tree with major structural defects, a live crown ratio less than 30 percent or 50 percent or more crown dieback, or a tree exhibiting signs or symptoms of irreversible decline, severe mistletoe infection, severe insect or disease infestation that cannot be practically controlled, or severe chlorosis, as documented by a certified arborist with final approval by the City Arborist. 8. Protected Trees 8.1. There is hereby established a category of trees that shall be known as protected trees as defined herein. 8.2. A Protected Tree is any tree 8 inches DBH or larger, any City Tree, any specimen tree, or any heritage tree. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 10 8.1. A tree removal permit shall be required for any Protected tree being removed or having disturbance to the critical root zone and/or structural root plate. 8.2. The removal of or disturbance to the Critical Root Zone or Structural Root Plate of any Protected tree without a tree removal permit shall be considered a violation of the tree ordinance. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 11 9. Specimen Trees 9.1. Any healthy tree, documented by aa certified arborist and verified by the City Arborist, which meets at least one of the following criteria for size: a. Hardwood trees with a minimum DBH of 24 inches for a tree in the large or medium mature tree height class (very wide or wide canopy); or b. Any tree with a minimum DBH of 8 inches for a tree in the small mature tree height class (narrow or very narrow canopy); or c. Pine trees (Pinus spp.), Sweetgums (Liquidambar styraciflua), and Tulip- Poplars (Liriodendron tulipifera) with a minimum DBH of 27 inches regardless of mature tree height class. 9.2. If removal of a Specimen Tree is approved, replacement requirements shall be 150 percent of the square feet of tree canopy cover removed . 9.3. All Specimen Trees successfully conserved and protected to meet tree canopy cover requirements shall be given 25 percent additional tree canopy cover credit over the actual measured canopy square footage or the standard credit as assigned by the Tree Species List. 10. Specimen Tree Stand 10.1. A stand of trees may be considered a Specimen Tree Stand if primarily composed of healthy trees, with no major insect or disease problems within the stand and meets at least one of the following specific criteria as documented by a certified arborist and verified by the City ArboristAdministrator: a. A relatively mature, even-aged stand; b. A stand with purity of species composition or of a rare or unusual nature; c. A stand of historical significance; d. A stand with exceptional aesthetic quality; or, e. A stand on a lot which is otherwise devoid of trees. 11. Heritage Trees 11.1. A tree shall be designated as Heritage if it meets the criteria set forth herein. 11.2. Trees may be nominated for Heritage Tree status by the tree owner by submitting a Heritage Tree Nomination Form to the Administrator. 11.3. Within 15 business days after the submittal of a completed nomination form by a tree owner to the Administrator, the City Arborist shall provide a City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 12 recommendation on whether the nominated tree(s) should be designated as Heritage. 11.4. The Administrator shall present the recommendation to City Council who shall review heritage tree nominations and shall have the authority to designate trees as Heritage. 11.5. For a tree to be designated as heritage, it must be a healthy tree as documented by aa certified arborist and verified by the City ArboristAdministrator and meet at least one of the following specific criteria as determined by the Administrator: a. State or county champion tree, as determined by the Georgia Forestry Commission (www.gfc.state.ga.us), or a tree that scores within 10 percent of the total score of a state or county champion tree of the same species using the scoring system described by the Georgia Forestry Commission; or b. Documented age greater than 75 years old; or c. An established and familiar feature or integral part of the community and its heritage and is recognized as such by the administrator; or d. Designated by the Georgia Tree Council (www. gatreecouncil.org) as a Landmark or Historic Tree; or e. Documented historical significance. 11.1. Prior to the approval of a tree canopy plan for a lot that includes the proposed conservation or removal of a Heritage Tree, the City Arborist shall inform the applicant that one or more trees on the lot has been designated as a Heritage Tree before the tree canopy plan is approved. 11.2. The City Arborist shall maintain a current list of designated Heritage Trees and their locations shall be recorded on the City’s GIS (Geographic Information System). 11.3. All Heritage Trees successfully conserved and protected to meet tree canopy cover requirements shall be given 40 percent additional tree canopy cover credit over the actual or standard credit. All Heritage Trees approved for removal must have their canopy replaced at 200 percent and payment must be made into the Tree Canopy Fund at the rate listed in the City’s fee schedule located in Appendix A of the City Code. Canopy replacement to shall be based on the actual measurement of the tree canopy. 12. City of Milton Tree Species List City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 13 12.1. There is hereby a City of Milton Tree Species List as set forth in the Tree Conservation Manual that shall include species approved for conservation and planting to meet tree canopy cover requirements or replacement tree planting requirements. 12.2. The tree species list shall also include species not approved for tree conservation or planting to meet requirements that are invasive, have brittle or weak wood, poor structure or large thorns, are pest susceptible or are not well -suited to regional growing conditions. 12.3. Trees planted to satisfy tree canopy cover and tree replacement requirements of the tree ordinance shall be selected from the City of Milton Tree Species List. A species of tree not on the City of Milton Tree Species List, or not approved for planting in a specific location, may be approved for planting by the Administrator. 13. Appeals 13.1. Any person aggrieved or adversely affected by any decision of the City Arborist relating to the application of the tree ordinance may file an appeal within 30 days of the decision with the Administrator for relief or reconsideration. 13.2. Any person aggrieved or adversely affected by any decision of the Administrator relating to the application of the tree ordinance may file an appeal within 30 days of the Administrator’s decision with the Board of Zoning Appeals through the Administrator. 13.3. Appeals Decisions shall only be granted reversed on appeal for errors clearly erroneousof interpretation of the tree ordinance. 14. Inspections 14.1. The Administrator or his/her designee shall have the authority to conduct inspections periodically or as deemed necessary to monitor land disturbing activities, tree removal activities, or other permitted or non-permitted activities for compliance with the tree ordinance. 14.2. No person shall refuse entry or access to any authorized agent(s) of the City who requests entry for the purpose of inspection and who presents appropriate identification, nor shall any person obstruct, hamper or interfere with any such agent while in the process of carrying out his/her official duties. a. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 14 14.3. The Administrator may also monitor tree canopy cover on a lot using the city’s geographic information system and current aerial photography for assessing ongoing compliance with tree canopy cover requirements. 15. Enforcement 15.1. It shall be the duty of the Administrator to enforce the tree ordinance. 15.2. The Administrator shall have the authority to modify, revoke, suspend, or void any development permit, or tree removal permit and suspend all work on a property or any portion thereof if a violation of the tree ordinance occurs until it is determined that the property is in full compliance with the tree ordinance. 15.3. The Administrator shall have the authority to issue a Notice of Violation, Stop Work Order, and Citation to enforce the provisions of this the tree ordinance. 16. Notice of Violation 16.1. If, through inspection, it is determined that an applicant, his/her authorized agent(s), or other person or company has engaged in land disturbing or other prohibited activities which have resulted in the damage or removal of trees without a required permit or approval, or failed to comply with the terms and conditions of an approved tree removal permit or tree canopy plan, or is otherwise responsible for a violation of the tree ordinance, then a written notice of violation may be served upon the applicant, his/her authorized agent(s), and/or other person or company responsible for the land disturbance or prohibited activity. 16.2. The notice shall set forth the measures necessary to correct the violation and achieve compliance and shall state the time frame within which such measures must be completed. 16.3. If the applicant, his/her authorized agent(s), or the person or company otherwise responsible for the violation fails to correct the violation or comply with tree ordinance requirements within the time frame specified on the notice of violation, he/she shall be subject to an immediate citation and/or stop work order. 16.4. Reinspection to assess compliance after a violation shall require a separate re- inspection fee as set forth in the City’s fee schedule. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 15 17. Stop Work Order 17.1. The Administrator may require that work on any project that is in violation of the tree ordinance be immediately stopped to avoid further damage and until such time that as the violation has been remedied to the satisfaction of the city arboristAdministrator. 17.2. The issuance of a written or verbal notice of violation is not required prior to or in conjunction with the stop work order if the Administrator determines that work must be stopped immediately to avoid further damage. 17.3. The stop work order shall: a. Be in writing and posted on site; b. State specific violations; c. Be given to the applicant, property owner, the authorized agent(s) of either, or the person performing or responsible for the activity resulting in the violation; d. State the conditions under which work may be resumed; and, e. Allow only erosion control work to continue while the stop work order is in effect. 17.4. Where an emergency exists, a verbal order to stop work by the Administrator or his/her agent(s) shall be given, with issuance of a written order required within 24 hours. 17.5. The Administrator may require that a revised tree canopy plan or separate remediation plan be submitted for approval before remediation or any other work commences on-site. 17.6. The following violations shall result in issuance of an emergency, verbal stop work order: a. Land disturbing or tree removal within state water buffer or zoning buffer; b. Land disturbance within the critical root zone of Protected trees Trees or removal of trees designated for conservation on an approved tree canopy plan; c. Non-permitted Protected Tree removal, land disturbance, or prohibited activities within the critical root zone of a Specimen or Heritage Tree; or, d. Improper installation or maintenance of required tree protection measures. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 16 18. Citations 18.1. Fines and penalties shall be assessed for citations, according to the following criteria: a. Any person who violates any provisions of the tree ordinance may be fined up to $1,000 per violation; b. Each calendar day a violation exists shall be considered a separate offense; c. There are no maximum limitations to the accrual of fines; d. In the event a City tree is damaged or destroyed, the person responsible may be required to reimburse the City for the appraised tree value; e. The replacement of trees and additional tree canopy cover may be required in addition to other fines or penalties imposed; f. Offenses shall be tried in Milton Municipal Court; g. Each owner of property wherein a violation exists, or each owner of a boundary tree, shall be jointly responsible for said violation; and, h. Fines received for violations to the tree ordinance shall be deposited into the tree canopy fund. ARTICLE II. TREE CANOPY ON PROPERTY ABSENT DEVELOPMENT ACTIVITY 19. Tree Canopy Management 19.1. On properties absent development activity, tree canopy cover shall be managed through establishing tree canopy priorities, tree canopy cover requirements, tree removal permitting and replacement requirements. 20. Tree Canopy Priorities 20.1. Priority areas on properties absent development activity for tree conservation and planting shall be rural viewsheds, road frontages, required setbacks, landscape strips or islands, and state waters or zoning buffers. 20.2. Priority trees for conservation shall be Specimen Trees, Specimen Tree Stands, and Heritage treesTrees. 21. Tree Canopy Cover Requirements 21.1. The minimum amount of tree canopy cover required on a lot, in the absence of further development, shall be the amount existing as of the date of application for tree removal permit or the minimum canopy coverage requirement per Table 1, whichever is less. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 17 21.2. If the lot is over the minimum canopy coverage requirement per Table 1, any proposed tree removal must not bring the lot below the minimum canopy coverage requirement without recompense. 22. Tree Removal Permit 22.1. On a lot that is not undergoing further development or improvement, a tree removal permit is required prior to the removal of any Protected Tree or before any encroachment into the Critical Root Zone or Structural Root Plate of a Protected Tree. 22.2. The removal of a Protected Tree or encroachment into the Critical Root Zone or Structural Root Plate without a tree removal permit shall constitute a violation of the tree ordinance and may result in an immediate Stop Work Order, Notice of Violation or Citation for the tree owner and/or any person or company involved in cutting, removing or damaging the tree. 22.3. Application for a tree removal permit shall be made by the tree owner or his/her authorized agent, to the Administrator. 22.4. A tree removal permit is required for the removal of a dead, unhealthy or invasive tree. 22.5. A tree removal permit application fee shall be required, except for an application for the removal of a dead, unhealthy or invasive tree. 22.6. The Administrator shall make a site visit or utilize other appropriate means to inspect the trees proposed for removal within 10 days of the date of application. 22.7. The applicant will be notified of any application fees and canopy replacement requirements after the application review is complete. If canopy replacement is required, the applicant or property owner must provide an agreement to the canopy replacement, such as, but not limited to, a complete landscape plan including the location, size, and species of trees to be planted , a signed contract with a landscape company stating the quantity, size, and species of trees to be planted, or a written statement from the property owner specifying the quantity, size, and species of trees to be planted along with a proposed planting schedule before the permit may be issued. 22.8. The Administrator will take into consideration the amount of tree canopy cover existing on the lot at the time of application for a tree removal permit, the total square feet of tree canopy cover proposed for removal, and the number of tree removal permits approved for the lot within the last five (5) years. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 18 22.9. When trees are removed on a lot without a tree removal permit due to imminent threat or emergency conditions, the owner of such trees shall provide an oral or electronic notice via telephone or e-mail to the Administrator prior to or immediately after the removal. 22.10. Should the Administrator determine that an imminent threat or emergency removal was not warranted, an after-the-fact permit and fee shall be required in addition to replacement tree planting pursuant to Section 24 of the tree ordinance. 22.11. Replacement of the tree canopy removed, whether permitted or not permitted, shall be required pursuant to Section 2423. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 19 23. Tree Canopy Replacement 23.1. The square feet of tree canopy cover provided by a Protected Tree that is approved for removal or lost due to disturbance within the Critical Root Zone or Structural Root Plate on a lot shall be replaced if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 23.2. Tree canopy replacement shall not be required for a tree removed under emergency conditions or after the approved removal of a dead, unhealthy, or invasive tree. 23.3. Replacement trees shall be a minimum of 2-inch caliper for non-Specimen and non-Heritage protected Protected trees Trees and 4-inch caliper for Specimen or Heritage trees Trees at the time of planting. 23.4. When a Protected Tree is removed without a tree removal permit, two (2) times the standard tree canopy cover credit for the species for non-Specimen and non- Heritage protected Protected treesTrees, and four (4) times the canopy removed or standard tree canopy cover credit, whichever is greater, for Specimen Trees and eight (8) times the canopy removed or standard tree canopy cover credit, whichever is greater, for Heritage Trees, shall be replaced on the lot with 4-inch caliper trees regardless of whether the lot meets minimum tree canopy cover requirements. 23.5. All planting and maintenance activities for required replacement trees shall be completed in accordance with the standards set forth in the Tree Conservation Manual. 23.6. Recompense tree planting may be satisfied by Alternative alternative compliance for tree replacement, as further described herein, may be approved by the Administrator pursuant to Section 31. ARTICLE III. TREE CANOPY IN CONNECTION WITH DEVELOPMENT ACTIVITY 24. Tree Canopy Management 24.1. On properties in connection with development activity, tree canopy cover shall be managed through tree canopy cover requirements and tree conservation and planting to meet those requirements. 25. Tree Canopy Priorities 25.1. Priority areas on properties with development activity for tree conservation and planting shall be rural viewsheds, road frontages, parking lots, landscape strips and landscape islands, and state waters and zoning buffers. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 20 25.2. Regardless of whether the lot meets minimum tree canopy cover requirements, trees shall be required, either conserved or planted, in rural viewsheds, road frontages, parking lots, landscape islands, landscape strips and buffers as set forth in the zoning regulations. 25.3. Priority trees for conservation shall be Specimen and Heritage Trees. 26. Tree Canopy Plan 26.1. An approved tree canopy plan may be required as a condition of approval of any development permit if necessary to implement the purposes and intent of the tree ordinance as determined by the City ArboristAdministrator. 26.2. An approved tree canopy plan shall serve as an approved tree removal permit for the purposes of land development. 26.3. The tree canopy plan shall be prepared by a licensed professional, such as, a certified arborist, registered forester, registered landscape architect, professional engineer or registered land surveyor. 26.4. The tree canopy plan shall be drawn to scale and include a tree survey, a tree protection plan, a tree planting plan, and shall, at a minimum, include the following: a. A table summarizing how tree canopy requirements will be met with conserved and planted trees; b. Surveyed trunk location, DBH, species of all individually growing Protected treesTrees, including Specimen and Heritage Trees, on the lot, with Critical Root Zones, and Structural Root Plates identified on all Protected Trees, including Specimen and Heritage Trees, proposed for conservation. Location of tree groups and forested areas with description of primary species and average DBH; c. All Protected Trees, including Specimen and Heritage Trees, proposed to be removed; d. Location of all tree save areas and notations of all tree protection methods to be used with details on materials and installation methods; e. Trunk location, species, and caliper of all trees proposed for planting with planting details and maintenance schedule for the first three years; f. Location of all existing and proposed improvements, including, but not limited to, buildings, driveways, walkways, retaining walls, other structures and impervious surfaces, and all existing and new utilities; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 21 g. Arborist Note: “Any unapproved encroachment into a designated tree save area shall result in an immediate Stop Work Order, Notice of Violation, and/or Citation for the responsible party.” h. ; i.h. Location of ingress and egress points and access roads for vehicles and construction equipment; j.i. All proposed grading and the limits of disturbance; and, k.j. Name and contact information of property owner and primary authorized agent(s) responsible for tree canopy plan compliance. 26.5. For gGuidelines on calculating tree canopy coverage refer toincluded in the Tree Conservation Manual are incorporated herein by reference. 26.6. The tree canopy plan, tree survey, tree protection plan, and tree planting and maintenance plan may be combined onto a single plan if all required information can be clearly depicted. 26.7. The Administrator shall be responsible for reviewing all tree canopy plans and shall decide whether the tree canopy plan is consistent with the requirements of this the tree ordinance. A tree canopy plan review application fee shall be required at the time of plan submittal in an amount set forth in the city’s fee schedule. 26.8. No tree damage or removal, or land disturbance shall take place on any lot in connection with development activity without an approved tree canopy plan as required by the City ArboristAdministrator showing how tree canopy cover requirements will be met. 26.9. Conformance with all aspects of an approved tree canopy plan, as determined by the city arborist, shall be required prior to the issuance of a certificate of occupancy or final plat approval. 26.10. All tree protection, planting and maintenance activities shall be completed in accordance with the standards set forth in the Tree Conservation Manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 22 27. Tree Canopy Cover Requirements 27.1. Tree canopy cover shall be required on all properties in connection with development activity as a condition of development. 27.2. The amount of tree canopy cover required on a lot as a condition of development shall be the amount currently existing or the minimum amount set forth in Table 1, whichever is less. Canopy coverage shall be met with existing trees to remain on site or a combination of existing trees and newly planted trees. Existing trees must make up at least one-third of the required canopy coverage. 27.3. Table 1. Minimum Tree Canopy Cover Required Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area AG-1, CUP, MHP, NUP 57% C-1, C-2 30% CBS, CS 50% H 30% MIX, O-I 40% R-1, R-2, R-2A 57% R-3, R-3A, R-4, R-4A 50% R5, R-5A, R-6 40% Suburban A 50% T2 57% T3 40% T4, T4-Open, T4P, T4R, TR 30% T5, T5R, T6 10% Residential lots less than 3 acres, if the existing canopy is less than 57% Existing with a minimum of 25% Residential lots 3 acres or greater 25% 27.4.27.3. In subdivision developments, tree canopy cover requirements shall apply to both the entire development and to each lot within the development. 27.5.27.4. Trees shall be conserved for tree canopy cover credit in accordance with the requirements that follow: a. Trees shall be conserved to the greatest extent possible in priority areas to meet tree canopy cover requirements. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 23 b. Existing trees 2 inches DBH and greater, except for invasive species listed on the tree species list or otherwise known to be invasive, may be eligible for tree canopy cover credit if the trees meet the minimum quality standards as established in the most current ANSI Z60.1 American Standard for Nursery Stock. c. Forested areas dominated by non-native, invasive, and/or exotic plant species (kudzu, for example) shall not be eligible for tree canopy cover credit. Trees conserved to meet tree canopy cover requirements shall be actively protected during construction and passively protected at all times. d. On commercial and other non-residential properties, specimen and heritage trees that have been conserved to satisfy tree canopy cover requirements shall be passively protected throughout their lives. e. Since the Structural Root Plate is the area of rapid tapering roots supporting the vertical weight of the tree, any damage to the Structural Root Plate will put the tree at high risk for failure and may be requiredrequire the tree to be removed as determined by the Administrator. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 24 27.6.27.5. Tree Planting for Canopy Credit a. When tree conservation alone cannot satisfy the tree canopy cover and location requirements, the planting of additional trees shall be required. b. A standard amount of tree canopy cover credit shall be assigned to a planted tree based on its species and tree canopy size class as set forth in the tree species list located in the Tree Conservation Manual. 28. Required Tree Locations 28.1. Rural Viewsheds a. Where rural viewsheds are required in accordance with zoning regulations, the entire area encompassed by the rural viewshed shall be eligibl e for tree canopy cover credit. b. For minor subdivisions and individual undeveloped residential properties, the conservation of trees within the first 60 feet of road frontage from an exterior street shall be eligible for a bonus of 20 percent additional square feet of tree canopy cover credit. Disturbance within the rural viewshed, shall follow the requirements set forth in the Zoning Ordinance. c. Trees shall be planted at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the City ArboristAdministrator if the design meets the purpose and intent of the tree ordinance. 28.2. Road Frontages a. In all new developments, street trees shall be required along road frontages on private property at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the City Arborist. b. Street tree requirements may be met with either conserved or planted trees. c. For planted street trees, the amount of available growing space above and below ground shall dictate which tree species may be planted as set forth in the Tree Conservation Manual. d. Trees of the largest mature height and widest tree canopy size classes that match the available growing space within the road frontage shall be planted. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 25 e. Street trees may be planted on the city street right-of-way if adequate growing space does not exist within the private property road frontage, but does exist within the city street right-of-way, if approved by both the City ArboristAdministrator and Public Works Director. 28.3. Parking Lots a. Parking lot landscaping shall conform to requirements in the Zoning ordinance Ordinance and to the requirements set forth in the Tree Conservation Manual. Where differences between the provisions exist, the more restrictive provisions shall prevail. b. Trees shall be evenly distributed throughout the parking lot to maximize tree functions and benefits. c. There shall be a minimum of one (1) very wide or wide canopy tree for every sixth parking space. No parking space shall be greater than 60 feet from the trunk of a tree. d. Trees in the very narrow tree canopy size class shall not be eligible for tree canopy cover credit in parking lots. At least 75 percent of the trees planted to meet parking lot tree canopy requirements shall be trees in the very wide or wide tree canopy size classes. e. All trees planted within parking areas or otherwise surrounded by pavement shall have a minimum amount of open soil surface in accordance with the standards set forth in the Tree Conservation Manual. f. In parking lots and other paved areas where expanded rooting and water infiltration areas are created with permeable pavement, structural soils or suspended pavement, the minimum open soil surface area may be reduced up to 50 percent if permeable pavement is used or up to 30 percent if structural soils or suspended pavement are used. g. Light poles and trees shall not share parking lot landscape islands to eliminate the need for severe pruning of tree crowns as they mature. h. Stormwater runoff into parking lot landscape islands may be permitted upon approval by the City Arborist if the design meets the intent and purpose of the tree ordinance. 28.4. Landscape Strips a. Landscape strips shall be required as set forth in the zoning Zoning ordinance Ordinance and the requirements set forth herein; where City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 26 differences between the provisions exist, the more restrictive provisions shall prevail. b. Trees within required landscape strips shall be provided as follows: 28.4.b.1. In landscape strips 25 feet wide or less, a minimum of one (1) tree for every 30 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the city arborist. 28.4.b.2. In landscape strips greater than 25 feet wide, a minimum of one (1) tree for every 20 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the city arborist. 28.4.b.3. Clumping is permitted to create a more natural-looking landscape. 28.4.b.4. All required landscape strips shall be designed with at least 60 percent tree canopy cover with no more than 40 percent cover in grass or ground cover. 28.4.b.5. All species within required landscape strips must be ecologically compatible with the growing site. 28.4.b.6. Trees in the very narrow or narrow tree canopy size class in the tree species list shall not be used to satisfy landscape strip requirements unless adequate growing space does not exist for trees in the wide or very wide tree canopy size classes. 28.4.b.7. No permanent structures shall be permitted within landscape strips, including retaining walls, curbing, dumpsters, detention facilities, etc. 28.4.b.8. Monument signs, fences, drainage structures, or sidewalks may be permitted within landscape strips if it is determined by the city arborist that their placement is consistent with the purpose and intent of this ordinance . 28.4.b.9. Curb stops shall be used to prevent vehicle overhang into require landscape strips and parking lot landscape islands, with one curb stop per parking stall required. 28.4.b.10. Signs within required landscape strips shall be subject to the approval of the Administrator and may only be located in areas of turf or groundcover, and shall not conflict with the growing space designated for trees and shrubs. 28.4.b.11. The deposition of stormwater runoff into drainage swales through landscape strips is not permitted. Exceptions will be considered by the city City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 27 arborist only if this standard will create an undue hardship to the property owner. Unless approved by the city arborist, the width of a drainage easement through a landscape strip shall not exceed the width of the strip . 28.4.b.12. When fencing is required as a condition of rezoning, the finished surface of the fence must face externally to the project. The exact location f or fence placement within the landscape strip will be determined on a case by case basis by the city arborist and may be approved if the design meets the intent and purpose of the tree ordinance. 28.5. Buffers a. Buffers required pursuant to the Zoning ordinance Ordinance shall provide a visual and noise barrier and where sparsely vegetated or where disturbed for approved access and utility crossings, they must be replanted . b. Required buffers shall remain undisturbed and actively protected for the duration of the permitted use for the site. c. Buffers must be replanted where sparsely vegetated or where disturbed for approved access and utility crossings. d. Trees approved for planting in buffers shall be primarily slow growing evergreen trees selected from the tree species list and shall be subject to the approval of the city arborist; up to 15 percent of the trees conserved or planted in buffers may be small height class hardwood trees approved for buffers as indicated on the tree species list. e. Trees shall be a minimum of five (5) feet in height at time of planting, with branching all the way to the ground required for evergreen trees. f. The number of planting rows for trees in buffers shall be determined by the buffer width, as set forth in Table 2. Table 2. Minimum Rows for Buffers by Width Buffer Width Minimum Planting Rows Less than 20 feet 2 rows 20 feet to 30 feet 3 rows 31 feet to 50 feet 4 rows Greater than 50 feet 4 plus 1 row for each additional 15 feet g. Drainage through buffers is subject to the approval of the administrator. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 28 h. Encroachment into buffers for the construction of retaining walls, footings, or wall supports is not permitted unless otherwise specified in the conditions of rezoning. Encroachments into buffer shall require zoning modifications or variances as applicable. i. All buffers require a 10-foot improvement setback interior to the buffer. j. No grading is allowed in the improvement setback unless permission is obtained from the administrator. k. Signs are not permitted within required undisturbed buffers. 29. Landscape Performance Bond 29.1. When the planting of trees and other required landscape plants cannot be completed during the planting season, a landscape performance bond shall be issued to the city. 29.2. The amount of the bond shall be equal to 125 percent of the total cost to purchase and install the trees and landscape plants based on the average of three (3) written estimates provided by the applicant. 29.3. The planting of trees and landscape plants covered by a landscape performance bond shall be completed within 1 year of the issuance of the bond. 29.4. If tree planting is not completed within 1 year of the issuance of the bond, the city may use the bond to plant the required trees and landscape plants on the lot, or off-site in a registered tree bank. 29.5. Upon the successful planting of all required trees and landscape plants by the applicant, the landscape performance bond shall be returned. 30. Certificate of Occupancy and Final Plat Approval 30.1. A certificate of occupancy or final plat approval shall only be issued if all the following conditions have been met: a. Applicant meets all tree ordinance requirements. b. Lot conforms to all aspects of the tree canopy plan. c. All trees required to be planted by the tree canopy plan, tree planting and maintenance plan, remediation plan, City of Milton zoning ordinance, variance conditions or other conditions for a development permit or plan approval, have been installed on the lot or in a tree bank. d. Required payments have been made to the tree canopy fund. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 29 e. Any civil penalties or other monetary obligations assessed for violations of the tree ordinance have been paid. f. All replacement trees and tree canopy cover required due to violations of the tree ordinance have been installed. 30.2. A temporary certificate of occupancy may be granted by the administrator before all trees have been planted if a landscape performance bond has been issued to the city. 31. Alternative Compliance 31.1. Alternative compliance for a portion of the tree canopy cover required on a lot may be approved by the administrator Administrator pursuant to the provisions of this section. 31.2. Subdivision developments as a whole are not eligible to use alternative compliance; owners of individual properties within a subdivision development may be eligible to use alternative compliance. 31.3. Alternative compliance shall be either the planting of trees off-site in a registered tree bank in an amount equal to the proposed tree canopy cover deficit or replacement deficit, or a payment made by the applicant to the City of Milton Tree Canopy Fund for the tree canopy value of the deficit. 31.4. Planting trees off-site in a tree bank for a maximum of one-half (1/2) of the tree canopy cover requirement or tree replacement requirement may be approved. 31.5. The city shall maintain a list of registered tree bank sites, which may include open space on city property or on developed, private property. 31.6. Owners of developed properties with at least 8,000 square feet of open space may apply to the city to have their open space registered as a tree bank under the conditions set forth in the Tree Conservation Manual. 31.7. The use of the tree bank shall be approved by the administrator Administrator under the following conditions: a. The maximum amount of tree canopy cover possible on the lot is conserved and/or planted, as determined by the city arborist; and, b. A registered tree bank site is available with enough space to accommodate the trees and their required growing space. 31.8. Applicants wishing to plant trees off-site shall execute a letter of agreement directly with the registered tree bank owner that must include, at a minimum: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 30 a. Applicant’s name and contact information; b. Number of trees to be planted by species and caliper; c. Planting schedule including projected beginning date of planting and projected completion date of planting; d. Name and contact information for applicant’s agent who will be responsible for the planting of trees on the tree bank site; and, e. Commitment to maintain the property in the condition in which it was found prior to the planting operation. 31.9. Trees planted in tree banks shall meet all the same requirements as for trees planted on-site. 31.10. A tree planting and maintenance plan developed and submitted by the applicant shall be required. 31.11. The applicant shall be responsible for the planting of trees off -site in a tree bank. 31.12. The registered tree bank owner shall be responsible for the required maintenance and protection of tree bank trees. 31.13. The area planted or conserved as a tree bank shall remain covered by tree canopy in perpetuity, unless otherwise modified with the approval of the city arborist. 31.14. The removal of trees within a tree bank shall require a tree removal permit. 31.15. A payment to the tree canopy fund in lieu of the conservation or planting of tree canopy cover for a maximum of one-third (1/3) of the tree canopy cover requirement or tree replacement requirement shall be approved by the administrator under the following conditions: a. The conservation or planting of the required tree canopy cover or replacement trees will eliminate the owner’s ability to utilize their lot for a specific, permitted use as described in writing by the property owner; and, b. No tree bank location is available for the planting of trees off-site. 31.16. Payments into the tree fund for tree canopy cover requirement deficit shall be calculated using the tree canopy value set forth in the city’s current fee schedule. 32. Tree Canopy Fund City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 31 32.1. There is hereby adopted a City of Milton Tree Canopy Fund to be established for the deposit of payments required by the tree ordinance or donated for other community forest management activities. 32.2. In addition to receiving payments for tree canopy cover requirement deficit, the tree canopy fund shall also receive as revenue: a. Donations for tree program activities; b. Fees collected for alternative compliance to the tree ordinance; and, c. Fees for violations of the tree ordinance. 32.3. Tree canopy funds may be expended for: a. The purchase, planting and maintenance of trees on city property; and, b. Community forestry management activities conducted by the city to sustain, increase and improve tree canopy cover. 33. Timber Harvesting 33.1. For lots greater than 2 acres, a timber harvesting notification shall be required and shall be submitted to the Administrator before any timber harvesting may commence. 33.2. A 50-foot undisturbed buffer around the perimeter of a lot where timber harvesting will occur shall be required in all zoning districts. 33.3. The clearcutting of timber shall be allowed on AG-1 zoned land only. 33.4. Thinning shall be allowed in all zoning districts and land uses. 33.5. Except for AG-1 zoned properties, an approved tree canopy plan shall be required before timber harvesting may commence. 33.6. No development permits shall be issued for a lot for a period of 5 years after the completion of timber harvesting operations unless a tree canopy plan has been submitted for the lot concurrent with the submittal of the timber harvesting notification. 33.7. When a tree canopy plan is required or voluntarily submitted for a lot on which clearcutting or thinning will occur, the following requirements shall apply: a. The tree canopy plan shall show the location of the required 50-foot undisturbed buffer, any state water buffers, areas to be clearcut, areas to be thinned, and all specimen and heritage trees; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 32 b. The lot must meet the tree canopy cover requirements for the zoning district for the entire lot upon completion of timber harvesting; and, c. The conservation of specimen trees and heritage trees shall be required, and all specimen and heritage trees conserved shall be actively protected during timber harvesting operations in accordance with the standards set forth in the Tree Conservation Manual. 33.8. Stump removal or grading shall be prohibited as part of normal timber harvesting operations that are not related to development. 33.9. Clearcutting, thinning or land disturbance shall not be allowed within state water or wetland buffers. 33.10. Compliance with the soil erosion and sedimentation control ordinance is required. 33.11. All timber harvesting operations shall comply with the most current Georgia’s Best Management Practices for Forestry available from the local office of the Georgia Forestry Commission. City of Milton, Georgia Chapter 60 – Tree Canopy Conservation Ordinance Revised May 15, 2020 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page i Table of Contents ARTICLE I. IN GENERAL ......................................................................................... 1 1. Title ................................................................................................................................................... 1 2. Purpose and Intent ........................................................................................................................... 1 3. Administrator .................................................................................................................................... 1 4. Waivers ............................................................................................................................................. 1 5. Applicability and Exemptions ............................................................................................................ 2 6. Tree Conservation Manual ................................................................................................................ 3 7. Definitions ......................................................................................................................................... 3 8. Protected Trees ................................................................................................................................. 9 9. Specimen Trees ................................................................................................................................. 9 10. Specimen Tree Stand .................................................................................................................. 10 11. Heritage Trees ............................................................................................................................. 10 12. City of Milton Tree Species List ................................................................................................... 11 13. Appeals ........................................................................................................................................ 12 14. Inspections .................................................................................................................................. 12 15. Enforcement ............................................................................................................................... 12 16. Notice of Violation ...................................................................................................................... 13 17. Stop Work Order ......................................................................................................................... 13 18. Citations ...................................................................................................................................... 14 ARTICLE II. TREE CANOPY ON PROPERTY ABSENT DEVELOPMENT ACTIVITY ........15 19. Tree Canopy Management ......................................................................................................... 15 20. Tree Canopy Priorities ................................................................................................................. 15 21. Tree Canopy Cover Requirements .............................................................................................. 15 22. Tree Removal Permit .................................................................................................................. 15 23. Tree Canopy Replacement .......................................................................................................... 16 24. Tree Canopy Management ......................................................................................................... 17 25. Tree Canopy Priorities ................................................................................................................. 17 26. Tree Canopy Plan ........................................................................................................................ 18 27. Tree Canopy Cover Requirements .............................................................................................. 19 28. Required Tree Locations ............................................................................................................. 21 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page ii 29. Landscape Performance Bond .................................................................................................... 25 30. Certificate of Occupancy and Final Plat Approval ....................................................................... 25 31. Alternative Compliance ............................................................................................................... 26 32. Tree Canopy Fund ....................................................................................................................... 27 33. Timber Harvesting ....................................................................................................................... 28 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 1 ARTICLE I. IN GENERAL 1. Title 1.1. This chapter shall be known as the Tree Canopy Conservation Ordinance of the City of Milton, Georgia or the “tree ordinance”. 2. Purpose and Intent 2.1. The purposes of the tree ordinance are to: a. Create a living and working environment for Milton’s citizens and visitors that is attractive, healthy and safe; b. Manage and utilize trees for the economic, environmental, and social functions and benefits they provide; and, c. Provide a framework for accomplishing the goals and objectives in the City’s comprehensive plan and other community, environmental and conservation ordinances, plans and policies. 2.2. The intent of this ordinance is to: a. Promote human, environmental and economic health within the community; b. Promote shared responsibility by all property owners to contribute to tree canopy cover; and, c. Establish the minimum amount of regulations that will achieve the vision and goals of the city and produce the desired outcomes. d. Maintain no net loss of tree canopy cover below the 57 percent existing as of March 2017. The City will measure the tree canopy as needed, but not to exceed a five year period between measurements, using the latest technology and use the results to evaluate the effectiveness of this ordinance in achieving the city’s tree canopy goals. 3. Administrator 3.1. The Director of the Community Development Department shall be the Administrator of the tree ordinance. 3.2. Reference to the Administrator shall include the Administrator and/or their designee. 4. Waivers City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 2 4.1. The Administrator shall have the authority to waive any provision of the tree ordinance where such waiver is consistent with the purpose and intent of the tree ordinance and where literal enforcement of the tree ordinance will create an undue hardship or unreasonable practical difficulty on the Applicant. 4.2. The Administrator shall determine if a waiver is justified. A waiver must be based upon credible evidence submitted to the Administrator demonstrating that: a. Approval, if granted, would not offend the purpose and intent of the tree ordinance; b. There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that literal or strict application of the tree ordinance would create an unnecessary hardship due to size, shape, or topography or other extraordinary and exceptional situations or conditions not caused by the applicant; c. Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; d. That the public safety, health and welfare are secured, and that substantial justice is done. 4.3. The Administrator shall keep record of all approved waivers. Every quarter, any waivers that have been approved will be presented to the Planning Commission by the Administrator. 4.4. Planning Commission may recommend amendments to the provisions of the tree ordinance to the Administrator at this time. 5. Applicability and Exemptions 5.1. The terms and provisions of the tree ordinance shall apply to: a. All real property within the City of Milton unless otherwise exempted herein; b. Any activity that requires the issuance of a development permit; c. The removal of or disturbance to the Critical Root Zone or Structural Root Plate of any Protected tree including Specimen and Heritage trees. 5.2. The activities, properties and trees that are exempt from the requirements of the tree ordinance are: a. Removal of trees posing an imminent threat or under emergency conditions; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 3 b. Commercial tree nursery and tree farm operations; c. Trees removed or pruned by any utility company as part of routine vegetation management activities or utility maintenance/repair within the utility right-of-way or existing easements. 6. Tree Conservation Manual 6.1. There is hereby adopted and incorporated by reference, as if fully set forth herein, a Tree Conservation Manual (version revised October 23,2019) that supplements the tree ordinance and sets forth standards and procedures for activities required by the tree ordinance. A copy of this manual will be available online and in the office of Community Development. 6.2. The Tree Conservation Manual may be modified by the Administrator as necessary to reduce outcomes contrary to the purpose and intent of the tree ordinance; provided that revised versions of the manual shall become part of the tree ordinance only after adoption by the City Council as an amendment to the tree ordinance. Should any standard of the Tree Conservation Manual conflict with the tree ordinance, the tree ordinance shall govern. 7. Definitions 7.1. All words used in the tree ordinance shall have their customary dictionary definitions except as specifically defined herein or in the zoning regulations if not defined herein. 7.2. The words “shall” and “must” are mandatory, and the words “may” and “should” are permissive. a. Active tree protection. The active and ongoing planning, installation and monitoring of physical measures undertaken to protect a tree during land disturbance or alteration. b. Applicant. A property owner or his/her authorized agent(s) applying for a tree removal, development, or right-of-way encroachment permit for a tree or property, or seeking approval for a tree canopy, tree protection, or tree planting and maintenance plan, or seeking approval for a minor subdivision plat, certificate of conceptual plan approval, final plat approval or certificate of occupancy. c. Appraised tree value. The dollar value of a tree as determined by a certified arborist using methodology set forth in the latest edition of the Guide for Plant Appraisal developed by the Council of Tree and Landscape Appraisers City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 4 and published by the International Society of Arboriculture (www.isa- arbor.com). d. Buffer, state waters. An area along the course of any state waters required by city, state or federal regulations to be maintained in an undisturbed and natural condition. e. Buffer, zoning. As required by the zoning ordinance, a natural undisturbed portion of a lot, except for approved access and utility crossings, which is set aside to achieve a visual barrier between the use on the lot and adjacent properties and/or uses with natural vegetation or replanting of trees and shrubs if sparsely vegetated. f. Caliper. The diameter of the trunk of tree nursery stock or a newly planted tree measured at 6 inches above the ground line for trees with calipers 4 inches and smaller, and at 12 inches above the ground line for trees with calipers greater than 4 inches. g. Certified arborist. Professional who possesses the technical competence gained through experience and related training to provide for or supervise the management of trees and other woody plants in residential, commercial and public landscapes and whose level of training is certified by the International Society of Arboriculture. h. City arborist. The designee of the City of Milton assigned by the Director of the Community Development Department with the primary responsibilities of administration and enforcement of the tree ordinance. i. City tree. Any tree which is located within any city park, city easement, city right-of-way, or on any other city owned property. j. Clearcutting. A method of harvesting timber that results in the removal of all trees from all or a portion of a property. k. Commercial tree nursery or commercial tree farm. A property on which trees are grown and sold as wholesale or retail nursery stock by a business licensed by the City of Milton. l. Conserved Tree. Any tree where encroachment into the Critical Root Zone does not exceed 25%. m. Critical root zone (CRZ). For a conserved tree, the ground and soil area to a depth of 24 inches within the larger of either the dripline or a circular area with a radius extending out from the trunk 1.5 feet for every 1 inch of DBH; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 5 Encroachment into the critical root zone must not exceed 25% for the tree to be considered conserved. n. Crown. The entirety of a tree’s scaffold limbs, branches and leaves. o. DBH. The diameter at breast height (4.5 feet above the ground line) of the trunk of an existing tree, calculated by dividing the circumference of the trunk by 3.14. p. Development activity. Any activity on real property which requires a development permit. q. Development permit. A land disturbance permit, grading permit, building permit, demolition permit, minor plat approval, preliminary plat approval, concept plan approval or other permit or approval issued by the City Community Development Department authorizing the commencement of the disturbance, alteration, improvement or development of a given tract of land. r. Dripline. The vertical line extending from the outermost edges of a tree’s branches to the ground, that forms, more or less, a circle on the ground centered on the tree’s trunk. s. Establishment period. For a newly planted tree, the time from planting until the beginning of the fourth growing season on -site. t. Existing tree. An established tree growing on-site for at least 3 complete growing seasons. u. Forested area. An area at least 50 feet wide in any one dimension and at least 2,500 square feet in total area consisting of at least 5 trees with 75 percent tree canopy cover. v. Growing season. March 1 to November 30. w. Hazardous tree. A tree that is likely to fail wholly or in part, under normal environmental conditions as determined by a certified arborist. x. Healthy tree. A tree with a live crown ratio greater than 30 percent, less than 50 percent crown dieback, no major structural defects, a life expectancy of 15 years or greater, and free from signs or symptoms of irreversible decline, severe insect or disease infestation, severe chlorosis, or other life-threatening conditions. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 6 y. Heritage tree(s). A tree that is designated by the administrator to be of notable community interest because of its outstanding age or size, landmark recognition or historical association. z. Land disturbing activity. Any activity which may result in soil erosion from water or wind and movement of sediments into state water or onto lands within the state, including, but not limited to clearing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural practices as set forth in the City of Milton Soil Erosion and Sedimentation Control Ordinance. aa. Landscape strip. An area required by the tree ordinance, the City of Milton zoning resolution or any condition of zoning, use permit or variance approval, which is reserved for the installation and/or maintenance of plant materials. bb. Limits of disturbance. The boundary within which all construction, materials storage, grading, landscaping and related activities shall occur. cc. Live crown ratio. The percentage of the total height of a tree that is occupied by the tree’s live crown. dd. Open soil surface area. The square foot area of the ground surrounding a planted tree that is required to remain permeable and open, covered only by a layer of mulch; the size of the area required varies by the mature height class of the tree being planted. ee. Passive tree protection. The ongoing avoidance of activities harmful to a tree, as further described in the tree ordinance, within the tree protection zone. ff. Planted tree. A tree that has been planted within the last 3 years and has not yet completed 3 growing seasons on-site. gg. Planting season. November 15 to March 15. hh. Priority area. An area on a lot where tree canopy cover is considered a priority over other areas due to the functions and benefits tree cover provides in that location. ii. Priority tree. A specimen or heritage tree. jj. Property. An area of land composed of less than one lot, or of accumulations of one or more lots, or parts thereof. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 7 kk. Protected tree. Any tree 8 inches DBH or greater, any tree conserved or planted to meet tree ordinance requirements, any City Tree, any Specimen Tree, and/or any Heritage Tree. ll. Remediation plan. A plan that may be required by the city arborist from a property owner or his/her authorized agent after a written notice of violation or stop work order has been issued for the property describing how the conditions of violation of the tree ordinance shall be remedied in accordance with the city arborist’s requirements and the conditions stated on the notice, order, or other pertinent documentation. mm. Scaffold limbs. The large limbs branching off from the main trunk that form the basic structure of the tree’s crown and support the remaining branches and leaves. nn. Soil compaction. A change in soil physical properties which includes an increase in soil weight per unit volume and a decrease in soil pore space caused by repeated vibrations or frequent traffic and weight that can result in physical root damage, reduced root penetration, a decrease in soil oxygen levels and an increase in toxic gases. oo. Specimen tree(s). A tree or contiguous stand of trees of special value to the community due to its quality, size, or species, and meeting general and specific criteria as set forth in the tree ordinance, as determined by the City Arborist. pp. Standard tree canopy cover credit. The square feet of tree canopy cover assigned to each of the tree canopy size classes, as set forth herein and in the City of Milton Tree Species List. qq. Street tree. A tree located within a road frontage that is conserved or planted for the purpose of providing tree canopy cover over the public street right-of-way. rr. Structural Root Plate. For a conserved tree, the ground and soil area to a depth of 30 inches with a radius extending out from the trunk 0.5 feet for every inch of DBH. ss. Thinning. Selective cutting of trees for timber products with the remaining trees more or less evenly distributed across a property. tt. Timber harvesting. The felling of trees for timber products (pulpwood, sawtimber, etc.) as part of ongoing forest management practices, by thinning or clearcutting. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 8 uu. Topping. The improper practice of the severe cutting back of limbs to stubs larger than 2 inches in diameter within the tree’s crown to such a degree that the tree canopy is removed or the crown shape typical of the species is disfigured, resulting in decay of the scaffold limbs or trunk and/or decline in main branch and sprout production. vv. Tree. A self-supporting woody perennial plant with the potential to reach a minimum DBH of 3 inches and height of 15 feet at maturity under natural conditions. ww. Tree bank. A site registered with the city where growing conditions are favorable for the establishment of trees per the tree placement standards set forth in the Tree Conservation Manual, and on which trees may be planted to satisfy tree replacement or minimum tree canopy cover requirements for another property. xx. Tree canopy cover. The cover provided by tree crowns over the ground surface, either individually or as a group; also, a measure of the percent of a lot covered by all tree canopy, calculated by dividing the total area of tree canopy cover by the total area of the lot, and multiplying by 100. yy. Tree canopy fund. A revenue account established by the city for receiving payments in lieu of meeting tree canopy cover requirements, donations, fees, and fines, and used by the city for the purchase, planting, and maintenance of trees on city property and community forest management activities. zz. Tree canopy plan. A site plan showing how tree canopy cover requirements will be met on a lot, which trees will be conserved, how they will be protected, which new trees will be planted and where, and how they will be maintained. aaa. Tree canopy size, tree canopy size class. The amount of tree canopy cover a tree can be expected to provide at maturity under urban conditions, as determined by the species and categorized in the tree species list into four (4) size classes: very wide (1,600 square feet); wide (900 square feet); narrow (400 square feet); and, very narrow (150 square feet). bbb. Tree canopy value. The dollar value of 100 square feet of tree canopy cover as set forth in the city’s fee schedule and used for calculating payments into the tree canopy fund. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 9 ccc. Tree conservation manual. A supplement to the tree ordinance containing standards and procedures required for tree ordinance compliance. ddd. Tree height class. The typical total height of a tree at maturity under urban conditions, as determined by the species and categorized in the tree species list into three (3) classes: large (greater than 50 feet tall); medium (25 to 50 feet tall); and, small (less than 25 feet tall). eee. Tree ordinance. Chapter 60 – Vegetation of the City of Milton municipal code of ordinances. fff. Tree protection zone (TPZ). The tree protection zone includes the critical root zone of a tree, the tree’s trunk and the entirety of the tree’s crown. ggg. Tree removal permit. A permit required before a protected tree can be removed, destroyed or irreparably damaged. hhh. Tree species list. The City of Milton Tree Species List, which is located in the Tree Conservation Manual and contains the tree species approved, and not approved, for conservation and planting to satisfy tree replacement or tree canopy cover requirements. iii. Unhealthy tree. A tree with major structural defects, a live crown ratio less than 30 percent or 50 percent or more crown dieback, or a tree exhibiting signs or symptoms of irreversible decline, severe mistletoe infection, severe insect or disease infestation that cannot be practically controlled, or severe chlorosis, as documented by a certified arborist with final approval by the City Arborist. 8. Protected Trees 8.1. A tree removal permit shall be required for any Protected tree being removed or having disturbance to the critical root zone and/or structural root plate. 8.2. The removal of or disturbance to the Critical Root Zone or Structural Root Plate of any Protected tree without a tree removal permit shall be considered a violation of the tree ordinance. 9. Specimen Trees 9.1. Any healthy tree, documented by aa certified arborist and verified by the City Arborist, which meets at least one of the following criteria for size: a. Hardwood trees with a minimum DBH of 24 inches for a tree in the large or medium mature tree height class (very wide or wide canopy); or City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 10 b. Any tree with a minimum DBH of 8 inches for a tree in the small mature tree height class (narrow or very narrow canopy); or c. Pine trees (Pinus spp.), Sweetgums (Liquidambar styraciflua), and Tulip- Poplars (Liriodendron tulipifera) with a minimum DBH of 27 inches regardless of mature tree height class. 9.2. If removal of a Specimen Tree is approved, replacement requirements shall be 150 percent of the square feet of tree canopy cover removed . 9.3. All Specimen Trees successfully conserved and protected to meet tree canopy cover requirements shall be given 25 percent additional tree canopy cover credit over the actual measured canopy square footage or the standard credit as assigned by the Tree Species List. 10. Specimen Tree Stand 10.1. A stand of trees may be considered a Specimen Tree Stand if primarily composed of healthy trees, with no major insect or disease problems within the stand and meets at least one of the following specific criteria as documented by a certified arborist and verified by the Administrator: a. A mature, even-aged stand; b. A stand with purity of species composition or of a rare or unusual nature; c. A stand of historical significance; d. A stand with exceptional aesthetic quality; or, e. A stand on a lot which is otherwise devoid of trees. 11. Heritage Trees 11.1. A tree shall be designated as Heritage if it meets the criteria set forth herein. 11.2. Trees may be nominated for Heritage Tree status by the tree owner by submitting a Heritage Tree Nomination Form to the Administrator. 11.3. Within 15 business days after the submittal of a completed nomination form by a tree owner to the Administrator, the City Arborist shall provide a recommendation on whether the nominated tree(s) should be designated as Heritage. 11.4. The Administrator shall present the recommendation to City Council who shall review heritage tree nominations and shall have the authority to designate trees as Heritage. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 11 11.5. For a tree to be designated as heritage, it must be a healthy tree as documented by aa certified arborist and verified by the Administrator and meet at least one of the following specific criteria as determined by the Administrator: a. State or county champion tree, as determined by the Georgia Forestry Commission (www.gfc.state.ga.us), or a tree that scores within 10 percent of the total score of a state or county champion tree of the same species using the scoring system described by the Georgia Forestry Commission; or b. Documented age greater than 75 years old; or c. An established and familiar feature or integral part of the community and its heritage and is recognized as such by the administrator; or d. Designated by the Georgia Tree Council (www. gatreecouncil.org) as a Landmark or Historic Tree; or e. Documented historical significance. 11.1. Prior to the approval of a tree canopy plan for a lot that includes the proposed conservation or removal of a Heritage Tree, the City Arborist shall inform the applicant that one or more trees on the lot has been designated as a Heritage Tree before the tree canopy plan is approved. 11.2. The City Arborist shall maintain a current list of designated Heritage Trees and their locations shall be recorded on the City’s GIS (Geographic Information System). 11.3. All Heritage Trees successfully conserved and protected to meet tree canopy cover requirements shall be given 40 percent additional tree canopy cover credit over the actual or standard credit. All Heritage Trees approved for removal must have their canopy replaced at 200 percent and payment must be made into the Tree Canopy Fund at the rate listed in the City’s fee schedule located in Appendix A of the City Code. Canopy replacement shall be based on the actual measurement of the tree canopy. 12. City of Milton Tree Species List 12.1. There is hereby a City of Milton Tree Species List as set forth in the Tree Conservation Manual that shall include species approved for conservation and planting to meet tree canopy cover requirements or replacement tree planting requirements. 12.2. The tree species list shall also include species not approved for tree conservation or planting to meet requirements that are invasive, have brittle or weak wood, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 12 poor structure or large thorns, are pest susceptible or are not well -suited to regional growing conditions. 12.3. Trees planted to satisfy tree canopy cover and tree replacement requirements of the tree ordinance shall be selected from the City of Milton Tree Species List. A species of tree not on the City of Milton Tree Species List, or not approved for planting in a specific location, may be approved for planting by the Administrator. 13. Appeals 13.1. Any person aggrieved or adversely affected by any decision of the City Arborist relating to the application of the tree ordinance may file an appeal within 30 days of the decision with the Administrator for relief or reconsideration. 13.2. Any person aggrieved or adversely affected by any decision of the Administrator relating to the application of the tree ordinance may file an appeal within 30 days of the Administrator’s decision with the Board of Zoning Appeals through the Administrator. 13.3. Decisions shall only be reversed on appeal for clearly erroneous interpretation of the tree ordinance. 14. Inspections 14.1. The Administrator or his/her designee shall have the authority to conduct inspections periodically or as deemed necessary to monitor land disturbing activities, tree removal activities, or other permitted or non-permitted activities for compliance with the tree ordinance. 14.2. No person shall refuse entry or access to any authorized agent(s) of the City who requests entry for the purpose of inspection and who presents appropriate identification, nor shall any person obstruct, hamper or interfere with any such agent while in the process of carrying out his/her official duties. 14.3. The Administrator may also monitor tree canopy cover on a lot using the city’s geographic information system and current aerial photography for assessing ongoing compliance with tree canopy cover requirements. 15. Enforcement 15.1. It shall be the duty of the Administrator to enforce the tree ordinance. 15.2. The Administrator shall have the authority to modify, revoke, suspend, or void any development permit, or tree removal permit and suspend all work on a City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 13 property or any portion thereof if a violation of the tree ordinance occurs until it is determined that the property is in full compliance with the tree ordinance. 15.3. The Administrator shall have the authority to issue a Notice of Violation, Stop Work Order, and Citation to enforce the provisions of the tree ordinance. 16. Notice of Violation 16.1. If, through inspection, it is determined that an applicant, his/her authorized agent(s), or other person or company has engaged in land disturbing or other prohibited activities which have resulted in the damage or removal of trees without a required permit or approval, or failed to comply with the terms and conditions of an approved tree removal permit or tree canopy plan, or is otherwise responsible for a violation of the tree ordinance, then a written notice of violation may be served upon the applicant, his/her authorized agent(s), and/or other person or company responsible for the land disturbance or prohibited activity. 16.2. The notice shall set forth the measures necessary to correct the violation and achieve compliance and shall state the time frame within which such measures must be completed. 16.3. If the applicant, his/her authorized agent(s), or the person or company otherwise responsible for the violation fails to correct the violation or comply with tree ordinance requirements within the time frame specified on the notice of violation, he/she shall be subject to an immediate citation and/or stop work order. 16.4. Reinspection to assess compliance after a violation shall require a separate re- inspection fee as set forth in the City’s fee schedule. 17. Stop Work Order 17.1. The Administrator may require that work on any project that is in violation of the tree ordinance be immediately stopped to avoid further damage and until such time as the violation has been remedied to the satisfaction of the Administrator. 17.2. The issuance of a written or verbal notice of violation is not required prior to or in conjunction with the stop work order if the Administrator determines that work must be stopped immediately to avoid further damage. 17.3. The stop work order shall: a. Be in writing and posted on site; b. State specific violations; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 14 c. Be given to the applicant, property owner, the authorized agent(s) of either, or the person performing or responsible for the activity resulting in the violation; d. State the conditions under which work may be resumed; and, e. Allow only erosion control work to continue while the stop work order is in effect. 17.4. Where an emergency exists, a verbal order to stop work by the Administrator or his/her agent(s) shall be given, with issuance of a written order required within 24 hours. 17.5. The Administrator may require that a revised tree canopy plan or separate remediation plan be submitted for approval before remediation or any other work commences on-site. 17.6. The following violations shall result in issuance of an emergency, verbal stop work order: a. Land disturbing or tree removal within state water buffer or zoning buffer; b. Land disturbance within the critical root zone of Protected Trees or removal of trees designated for conservation on an approved tree canopy plan; c. Non-permitted Protected Tree removal, land disturbance, or prohibited activities within the critical root zone of a Specimen or Heritage Tree; or, d. Improper installation or maintenance of required tree protection measures. 18. Citations 18.1. Fines and penalties shall be assessed for citations, according to the following criteria: a. Any person who violates any provisions of the tree ordinance may be fined up to $1,000 per violation; b. Each calendar day a violation exists shall be considered a separat e offense; c. There are no maximum limitations to the accrual of fines; d. In the event a City tree is damaged or destroyed, the person responsible may be required to reimburse the City for the appraised tree value; e. The replacement of trees and additional tree canopy cover may be required in addition to other fines or penalties imposed; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 15 f. Offenses shall be tried in Milton Municipal Court; g. Each owner of property wherein a violation exists, or each owner of a boundary tree, shall be jointly responsible for said violation; and, h. Fines received for violations to the tree ordinance shall be deposited into the tree canopy fund. ARTICLE II. TREE CANOPY ON PROPERTY ABSENT DEVELOPMENT ACTIVITY 19. Tree Canopy Management 19.1. On properties absent development activity, tree canopy cover shall be managed through establishing tree canopy priorities, tree canopy cover requirements, tree removal permitting and replacement requirements. 20. Tree Canopy Priorities 20.1. Priority areas on properties absent development activity for tree conservation and planting shall be rural viewsheds, road frontages, required setbacks, landscape strips or islands, and state waters or zoning buffers. 20.2. Priority trees for conservation shall be Specimen Trees, Specimen Tree Stands, and Heritage Trees. 21. Tree Canopy Cover Requirements 21.1. The minimum amount of tree canopy cover required on a lot, in the absence of further development, shall be the amount existing as of the date of application for tree removal permit or the minimum canopy coverage requirement per Table 1, whichever is less. 21.2. If the lot is over the minimum canopy coverage requirement per Table 1, any proposed tree removal must not bring the lot below the minimum canopy coverage requirement without recompense. 22. Tree Removal Permit 22.1. On a lot that is not undergoing further development or improvement , a tree removal permit is required prior to the removal of any Protected Tree or before any encroachment into the Critical Root Zone or Structural Root Plate of a Protected Tree. 22.2. The removal of a Protected Tree or encroachment into the Critical Root Zone or Structural Root Plate without a tree removal permit shall constitute a violation of the tree ordinance and may result in an immediate Stop Work Order, Notice of City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 16 Violation or Citation for the tree owner and/or any person or company involved in cutting, removing or damaging the tree. 22.3. Application for a tree removal permit shall be made by the tree owner or his/her authorized agent, to the Administrator. 22.4. A tree removal permit is required for the removal of a dead, unhealthy or invasive tree. 22.5. A tree removal permit application fee shall be required, except for an application for the removal of a dead, unhealthy or invasive tree. 22.6. The Administrator shall make a site visit or utilize other appropriate means to inspect the trees proposed for removal within 10 days of the date of application. 22.7. If canopy replacement is required, the applicant or property owner must provide an agreement to the canopy replacement, such as, but not limited to, , a signed contract with a landscape company stating the quantity, size, and species of trees to be planted, or a written statement from the property owner specifying the quantity, size, and species of trees to be planted along with a proposed planting schedule before the permit may be issued. 22.8. The Administrator will take into consideration the amount of tree canopy cover existing on the lot at the time of application for a tree removal permit, the total square feet of tree canopy cover proposed for removal, and the number of tree removal permits approved for the lot within the last five (5) years. 22.9. When trees are removed on a lot without a tree removal permit due to imminent threat or emergency conditions, the owner of such trees shall provide an oral or electronic notice via telephone or e-mail to the Administrator prior to or immediately after the removal. 22.10. Should the Administrator determine that an imminent threat or emergency removal was not warranted, an after-the-fact permit and fee shall be required in addition to replacement tree planting pursuant to Section 24 of the tree ordinance. 22.11. Replacement of the tree canopy removed, whether permitted or not permitted, shall be required pursuant to Section 23. 23. Tree Canopy Replacement 23.1. The square feet of tree canopy cover provided by a Protected Tree that is approved for removal or lost due to disturbance within the Critical Root Zone or City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 17 Structural Root Plate on a lot shall be replaced if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 23.2. Tree canopy replacement shall not be required for a tree removed under emergency conditions or after the approved removal of a dead, unhealthy, or invasive tree. 23.3. Replacement trees shall be a minimum of 2-inch caliper for non-Specimen and non-Heritage Protected Trees and 4-inch caliper for Specimen or Heritage Trees at the time of planting. 23.4. When a Protected Tree is removed without a tree removal permit, two (2) times the standard tree canopy cover credit for the species for non-Specimen and non- Heritage Protected Trees, and four (4) times the canopy removed or standard tree canopy cover credit, whichever is greater, for Specimen Trees and eight (8) times the canopy removed or standard tree canopy cover credit, whichever is greater, for Heritage Trees, shall be replaced on the lot with 4-inch caliper trees regardless of whether the lot meets minimum tree canopy cover requirements. 23.5. All planting and maintenance activities for required replacement trees shall be completed in accordance with the standards set forth in the Tree Conservation Manual. 23.6. Recompense tree planting may be satisfied by alternative compliance pursuant to Section 31. ARTICLE III. TREE CANOPY IN CONNECTION WITH DEVELOPMENT ACTIVITY 24. Tree Canopy Management 24.1. On properties in connection with development activity, tree canopy cover shall be managed through tree canopy cover requirements and tree conservation and planting to meet those requirements. 25. Tree Canopy Priorities 25.1. Priority areas on properties with development activity for tree conservation and planting shall be rural viewsheds, road frontages, parking lots, landscape strips and landscape islands, and state waters and zoning buffers. 25.2. Regardless of whether the lot meets minimum tree canopy cover requirements, trees shall be required, either conserved or planted, in rural viewsheds, road frontages, parking lots, landscape islands, landscape strips and buffers as set forth in the zoning regulations. 25.3. Priority trees for conservation shall be Specimen and Heritage Trees. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 18 26. Tree Canopy Plan 26.1. An approved tree canopy plan may be required as a condition of approval of any development permit if necessary to implement the purposes and intent of the tree ordinance as determined by the Administrator. 26.2. An approved tree canopy plan shall serve as an approved tree removal permit for the purposes of land development. 26.3. The tree canopy plan shall be prepared by a licensed professional, such as, a certified arborist, registered forester, registered landscape architect, professional engineer or registered land surveyor. 26.4. The tree canopy plan shall be drawn to scale and include a tree survey, a tree protection plan, a tree planting plan, and shall, at a minimum, include the following: a. A table summarizing how tree canopy requirements will be met with conserved and planted trees; b. Surveyed trunk location, DBH, species of all individually growing Protected Trees, including Specimen and Heritage Trees, on the lot, with Critical Root Zones, and Structural Root Plates identified on all Protected Trees, including Specimen and Heritage Trees, proposed for conservation. Location of tree groups and forested areas with description of primary species and average DBH; c. All Protected Trees, including Specimen and Heritage Trees, proposed to be removed; d. Location of all tree save areas and notations of all tree protection methods to be used with details on materials and installation methods; e. Trunk location, species, and caliper of all trees proposed for planting with planting details and maintenance schedule for the first three years; f. Location of all existing and proposed improvements, including, but not limited to, buildings, driveways, walkways, retaining walls, other structures and impervious surfaces, and all existing and new utilities; g. Arborist Note: “Any unapproved encroachment into a designated tree save area shall result in an immediate Stop Work Order, Notice of Violation, and/or Citation for the responsible party.” h. Location of ingress and egress points and access roads for vehicles and construction equipment; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 19 i. All proposed grading and the limits of disturbance; and, j. Name and contact information of property owner and primary authorized agent(s) responsible for tree canopy plan compliance. 26.5. Guidelines on calculating tree canopy coverage included in the Tree Conservation Manual are incorporated herein by reference. 26.6. The tree canopy plan, tree survey, tree protection plan, and tree planting and maintenance plan may be combined onto a single plan if all required information can be clearly depicted. 26.7. The Administrator shall be responsible for reviewing all tree canopy plans and shall decide whether the tree canopy plan is consistent with the requirements of the tree ordinance. A tree canopy plan review application fee shall be required at the time of plan submittal in an amount set forth in the city’s fee schedule. 26.8. No tree damage or removal, or land disturbance shall take place on any lot in connection with development activity without an approved tree canopy plan as required by the Administrator showing how tree canopy cover requirements will be met. 26.9. Conformance with all aspects of an approved tree canopy plan, as determined by the city arborist, shall be required prior to the issuance of a certificate of occupancy or final plat approval. 26.10. All tree protection, planting and maintenance activities shall be completed in accordance with the standards set forth in the Tree Conservation Manual. 27. Tree Canopy Cover Requirements 27.1. Tree canopy cover shall be required on all properties in connection with development activity as a condition of development. 27.2. The amount of tree canopy cover required on a lot as a condition of development shall be the amount currently existing or the minimum amount set forth in Table 1, whichever is less. Canopy coverage shall be met with existing trees to remain on site or a combination of existing trees and newly planted trees. Existing trees must make up at least one-third of the required canopy coverage. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 20 Table 1. Minimum Tree Canopy Cover Required Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area AG-1, CUP, MHP, NUP 57% C-1, C-2 30% CBS, CS 50% H 30% MIX, O-I 40% R-1, R-2, R-2A 57% R-3, R-3A, R-4, R-4A 50% R5, R-5A, R-6 40% Suburban A 50% T2 57% T3 40% T4, T4-Open, T4P, T4R, TR 30% T5, T5R, T6 10% Residential lots less than 3 acres, if the existing canopy is less than 57% Existing with a minimum of 25% Residential lots 3 acres or greater 25% 27.3. In subdivision developments, tree canopy cover requirements shall apply to both the entire development and to each lot within the development. 27.4. Trees shall be conserved for tree canopy cover credit in accordance with the requirements that follow: a. Trees shall be conserved to the greatest extent possible in priority areas to meet tree canopy cover requirements. b. Existing trees 2 inches DBH and greater, except for invasive species listed on the tree species list or otherwise known to be invasive, may be eligible for tree canopy cover credit if the trees meet the minimum quality standards as established in the most current ANSI Z60.1 American Standard for Nursery Stock. c. Forested areas dominated by non-native, invasive, and/or exotic plant species (kudzu, for example) shall not be eligible for tree canopy cover credit. Trees conserved to meet tree canopy cover requirements shall be actively protected during construction and passively protected at all times. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 21 d. On commercial and other non-residential properties, specimen and heritage trees that have been conserved to satisfy tree canopy cover requirements shall be passively protected throughout their lives. e. Since the Structural Root Plate is the area of rapid tapering roots supporting the vertical weight of the tree, any damage to the Structural Root Plate will put the tree at high risk for failure and may require the tree to be removed as determined by the Administrator. 27.5. Tree Planting for Canopy Credit a. When tree conservation alone cannot satisfy the tree canopy cover and location requirements, the planting of additional trees shall be required. b. A standard amount of tree canopy cover credit shall be assigned to a planted tree based on its species and tree canopy size class as set forth in the tree species list located in the Tree Conservation Manual. 28. Required Tree Locations 28.1. Rural Viewsheds a. Where rural viewsheds are required in accordance with zoning regulations, the entire area encompassed by the rural viewshed shall be eligible for tree canopy cover credit. b. For minor subdivisions and individual undeveloped residential properties, the conservation of trees within the first 60 feet of road frontage from an exterior street shall be eligible for a bonus of 20 percent additional square feet of tree canopy cover credit. Disturbance within the rural viewshed, shall follow the requirements set forth in the Zoning Ordinance. c. Trees shall be planted at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the Administrator if the design meets the purpose and intent of the tree ordin ance. 28.2. Road Frontages a. In all new developments, street trees shall be required along road frontages on private property at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the City Arborist. b. Street tree requirements may be met with either conserved or planted trees. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 22 c. For planted street trees, the amount of available growing space above and below ground shall dictate which tree species may be planted as set forth in the Tree Conservation Manual. d. Trees of the largest mature height and widest tree canopy size classes that match the available growing space within the road frontage shall be planted. e. Street trees may be planted on the city street right-of-way if adequate growing space does not exist within the private property road frontage, but does exist within the city street right-of-way, if approved by both the Administrator and Public Works Director. 28.3. Parking Lots a. Parking lot landscaping shall conform to requirements in the Zoning Ordinance and to the requirements set forth in the Tree Conservation Manual. Where differences between the provisions exist, the more restrictive provisions shall prevail. b. Trees shall be evenly distributed throughout the parking lot to maximize tree functions and benefits. c. There shall be a minimum of one (1) very wide or wide canopy tree for every sixth parking space. No parking space shall be greater than 60 feet from the trunk of a tree. d. Trees in the very narrow tree canopy size class shall not be eligible for tree canopy cover credit in parking lots. At least 75 percent of the trees planted to meet parking lot tree canopy requirements shall be trees in the very wide or wide tree canopy size classes. e. All trees planted within parking areas or otherwise surrounded by pavement shall have a minimum amount of open soil surface in accordance with the standards set forth in the Tree Conservation Manual. f. In parking lots and other paved areas where expanded rooting and water infiltration areas are created with permeable pavement, structural soils or suspended pavement, the minimum open soil surface area may be reduced up to 50 percent if permeable pavement is used or up to 30 percent if structural soils or suspended pavement are used. g. Light poles and trees shall not share parking lot landscape islands to eliminate the need for severe pruning of tree crowns as they mature. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 23 h. Stormwater runoff into parking lot landscape islands may be permitted upon approval by the City Arborist if the design meets the intent and purpose of the tree ordinance. 28.4. Landscape Strips a. Landscape strips shall be required as set forth in the Zoning Ordinance and the requirements set forth herein; where differences between the provisions exist, the more restrictive provisions shall prevail. b. Trees within required landscape strips shall be provided as follows: 28.4.b.1. In landscape strips 25 feet wide or less, a minimum of one (1) tree for every 30 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the city arborist. 28.4.b.2. In landscape strips greater than 25 feet wide, a minimum of one (1) tree for every 20 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the city arborist. 28.4.b.3. Clumping is permitted to create a more natural-looking landscape. 28.4.b.4. All required landscape strips shall be designed with at least 60 percent tree canopy cover with no more than 40 percent cover in grass or ground cover. 28.4.b.5. All species within required landscape strips must be ecologically compatible with the growing site. 28.4.b.6. Trees in the very narrow or narrow tree canopy size class in the tree species list shall not be used to satisfy landscape strip requirements unless adequate growing space does not exist for trees in the wide or very wide tree canopy size classes. 28.4.b.7. No permanent structures shall be permitted within landscape strips, including retaining walls, curbing, dumpsters, detention facilities, etc. 28.4.b.8. Monument signs, fences, drainage structures, or sidewalks may be permitted within landscape strips if it is determined by the city arborist that their placement is consistent with the purpose and intent of this ordinance. 28.4.b.9. Curb stops shall be used to prevent vehicle overhang into require landscape strips and parking lot landscape islands, with one curb stop per parking stall required. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 24 28.4.b.10. Signs within required landscape strips shall be subject to the approval of the Administrator and may only be located in areas of turf or groundcover and shall not conflict with the growing space designated for trees and shrubs. 28.4.b.11. The deposition of stormwater runoff into drainage swales through landscape strips is not permitted. Exceptions will be considered by the city arborist only if this standard will create an undue hardship to the property owner. Unless approved by the city arborist, the width of a drainage easement through a landscape strip shall not exceed the width of the strip. 28.4.b.12. When fencing is required as a condition of rezoning, the finished surface of the fence must face externally to the project. The exact location for fence placement within the landscape strip will be determined on a case by case basis by the city arborist and may be approved if the design meets the intent and purpose of the tree ordinance. 28.5. Buffers a. Buffers required pursuant to the Zoning Ordinance shall provide a visual and noise barrier and where sparsely vegetated or where disturbed for approved access and utility crossings, they must be replanted . b. Required buffers shall remain undisturbed and actively protected for the duration of the permitted use for the site. c. Buffers must be replanted where sparsely vegetated or where disturbed for approved access and utility crossings. d. Trees approved for planting in buffers shall be primarily slow growing evergreen trees selected from the tree species list and shall be subject to the approval of the city arborist; up to 15 percent of the trees conserved or planted in buffers may be small height class hardwood trees approved for buffers as indicated on the tree species list. e. Trees shall be a minimum of five (5) feet in height at time of planting, with branching all the way to the ground required for evergreen trees. f. The number of planting rows for trees in buffers shall be determined by the buffer width, as set forth in Table 2. Table 2. Minimum Rows for Buffers by Width Buffer Width Minimum Planting Rows Less than 20 feet 2 rows 20 feet to 30 feet 3 rows City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 25 31 feet to 50 feet 4 rows Greater than 50 feet 4 plus 1 row for each additional 15 feet g. Drainage through buffers is subject to the approval of the administrator. h. Encroachment into buffers for the construction of retaining walls, footings, or wall supports is not permitted unless otherwise specified in the conditions of rezoning. Encroachments into buffer shall require zoning modifications or variances as applicable. i. All buffers require a 10-foot improvement setback interior to the buffer. j. No grading is allowed in the improvement setback unless permission is obtained from the administrator. k. Signs are not permitted within required undisturbed buffers. 29. Landscape Performance Bond 29.1. When the planting of trees and other required landscape plants cannot be completed during the planting season, a landscape performance bond shall be issued to the city. 29.2. The amount of the bond shall be equal to 125 percent of the total cost to purchase and install the trees and landscape plants based on the average of three (3) written estimates provided by the applicant. 29.3. The planting of trees and landscape plants covered by a landscape performance bond shall be completed within 1 year of the issuance of the bond. 29.4. If tree planting is not completed within 1 year of the issuance of the bond, the city may use the bond to plant the required trees and landscape plants on the lot, or off-site in a registered tree bank. 29.5. Upon the successful planting of all required trees and landscape plants by the applicant, the landscape performance bond shall be returned. 30. Certificate of Occupancy and Final Plat Approval 30.1. A certificate of occupancy or final plat approval shall only be issued if all the following conditions have been met: a. Applicant meets all tree ordinance requirements. b. Lot conforms to all aspects of the tree canopy plan. c. All trees required to be planted by the tree canopy plan, tree planting and maintenance plan, remediation plan, City of Milton zoning ordinance, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 26 variance conditions or other conditions for a development permit or plan approval, have been installed on the lot or in a tree bank. d. Required payments have been made to the tree canopy fund. e. Any civil penalties or other monetary obligations assessed for violations of the tree ordinance have been paid. f. All replacement trees and tree canopy cover required due to violations of the tree ordinance have been installed. 30.2. A temporary certificate of occupancy may be granted by the administrator before all trees have been planted if a landscape performance bond has been issued to the city. 31. Alternative Compliance 31.1. Alternative compliance for a portion of the tree canopy cover required on a lot may be approved by the Administrator pursuant to the provisions of this section. 31.2. Subdivision developments as a whole are not eligible to use alternative compliance; owners of individual properties within a subdivision development may be eligible to use alternative compliance. 31.3. Alternative compliance shall be either the planting of trees off-site in a registered tree bank in an amount equal to the proposed tree canopy cover deficit or replacement deficit, or a payment made by the applicant to the City of Milton Tree Canopy Fund for the tree canopy value of the deficit. 31.4. Planting trees off-site in a tree bank for a maximum of one-half (1/2) of the tree canopy cover requirement or tree replacement requirement may be approved. 31.5. The city shall maintain a list of registered tree bank sites, which may include open space on city property or on developed, private property. 31.6. Owners of developed properties with at least 8,000 square feet of open space may apply to the city to have their open space registered as a tree bank under the conditions set forth in the Tree Conservation Manual. 31.7. The use of the tree bank shall be approved by the Administrator under the following conditions: a. The maximum amount of tree canopy cover possible on the lot is conserved and/or planted, as determined by the city arborist; and, b. A registered tree bank site is available with enough space to accommodate the trees and their required growing space. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 27 31.8. Applicants wishing to plant trees off-site shall execute a letter of agreement directly with the registered tree bank owner that must include, at a minimum: a. Applicant’s name and contact information; b. Number of trees to be planted by species and caliper; c. Planting schedule including projected beginning date of planting and projected completion date of planting; d. Name and contact information for applicant’s agent who will be responsible for the planting of trees on the t ree bank site; and, e. Commitment to maintain the property in the condition in which it was found prior to the planting operation. 31.9. Trees planted in tree banks shall meet all the same requirements as for trees planted on-site. 31.10. A tree planting and maintenance plan developed and submitted by the applicant shall be required. 31.11. The applicant shall be responsible for the planting of trees off -site in a tree bank. 31.12. The registered tree bank owner shall be responsible for the required maintenance and protection of tree bank trees. 31.13. The area planted or conserved as a tree bank shall remain covered by tree canopy in perpetuity, unless otherwise modified with the approval of the city arborist. 31.14. The removal of trees within a tree bank shall require a tree removal permit. 31.15. A payment to the tree canopy fund in lieu of the conservation or planting of tree canopy cover for a maximum of one-third (1/3) of the tree canopy cover requirement or tree replacement requirement shall be approved by the administrator under the following conditions: a. The conservation or planting of the required tree canopy cover or replacement trees will eliminate the owner’s ability to utilize their lot for a specific, permitted use as described in writing by the property owner; and, b. No tree bank location is available for the planting of trees off-site. 31.16. Payments into the tree fund for tree canopy cover requirement deficit shall be calculated using the tree canopy value set forth in the city’s current fee schedule. 32. Tree Canopy Fund City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 28 32.1. There is hereby adopted a City of Milton Tree Canopy Fund to be established for the deposit of payments required by the tree ordinance or donated for other community forest management activities. 32.2. In addition to receiving payments for tree canopy cover requ irement deficit, the tree canopy fund shall also receive as revenue: a. Donations for tree program activities; b. Fees collected for alternative compliance to the tree ordinance; and, c. Fees for violations of the tree ordinance. 32.3. Tree canopy funds may be expended for: a. The purchase, planting and maintenance of trees on city property; and, b. Community forestry management activities conducted by the city to sustain, increase and improve tree canopy cover. 33. Timber Harvesting 33.1. For lots greater than 2 acres, a timber harvesting notification shall be required and shall be submitted to the Administrator before any timber harvesting may commence. 33.2. A 50-foot undisturbed buffer around the perimeter of a lot where timber harvesting will occur shall be required in all zoning districts. 33.3. The clearcutting of timber shall be allowed on AG-1 zoned land only. 33.4. Thinning shall be allowed in all zoning districts and land uses. 33.5. Except for AG-1 zoned properties, an approved tree canopy plan shall be required before timber harvesting may commence. 33.6. No development permits shall be issued for a lot for a period of 5 years after the completion of timber harvesting operations unless a tree canopy plan has been submitted for the lot concurrent with the submittal of the timber harvesting notification. 33.7. When a tree canopy plan is required or voluntarily submitted for a lot on which clearcutting or thinning will occur, the following requirements shall apply: a. The tree canopy plan shall show the location of the required 50-foot undisturbed buffer, any state water buffers, areas to be clearcut, areas to be thinned, and all specimen and heritage trees; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted December 17, 2018 Page 29 b. The lot must meet the tree canopy cover requirements for the zoning district for the entire lot upon completion of timber harvesting; and, c. The conservation of specimen trees and heritage trees shall be required, and all specimen and heritage trees conserved shall be actively protected during timber harvesting operations in accordance with the standards set forth in the Tree Conservation Manual. 33.8. Stump removal or grading shall be prohibited as part of normal timber harvesting operations that are not related to development. 33.9. Clearcutting, thinning or land disturbance shall not be allowed within state water or wetland buffers. 33.10. Compliance with the soil erosion and sedimentation control ordinance is required. 33.11. All timber harvesting operations shall comply with the most current Georgia’s Best Management Practices for Forestry available from the local office of the Georgia Forestry Commission. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance Tree Conservation Manual February 5, 2018 Revised May 15, 2020 Legal Review City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page i TABLE OF CONTENTS 1. INTRODUCTION ....................................................................................................................... 1 2. TREE BENEFITS ......................................................................................................................... 1 3. TREE CANOPY COVER CALCULATION PROCEDURES ................................................................ 2 A. Assigning Tree Canopy Cover Credit .................................................................................... 2 B. Determining the Actual Tree Canopy Cover of Existing Trees ............................................. 2 C. Standard Canopy Cover Credit for Planted Trees ................................................................ 4 D. Calculating Tree Canopy Cover for a Site ............................................................................. 4 4. ARBORICULTURAL STANDARDS ............................................................................................... 5 A. Tree Protection Standards ................................................................................................... 5 Active Tree Protection .......................................................................................................................... 5 Prohibited Activities .............................................................................................................................. 5 Tree Protection Measures ..................................................................................................................... 6 Tree Protection Signs ............................................................................................................................ 6 Passive Tree Protection ......................................................................................................................... 7 B. Tree Establishment Standards ............................................................................................. 7 Tree Height Class ................................................................................................................................... 7 Tree Placement Standards .................................................................................................................... 8 Species Selection Standards .................................................................................................................. 9 Tree Size and Quality Standards ........................................................................................................... 9 Soil Preparation Standards .................................................................................................................. 10 Tree Planting Standards ...................................................................................................................... 11 C. New Tree Maintenance Standards .................................................................................... 11 D. Established Tree Maintenance Standards ......................................................................... 12 Tree Pruning Standards ....................................................................................................................... 12 Mulching Standards ............................................................................................................................ 13 Fertilization Standards ........................................................................................................................ 13 Tree Supplemental Support System Standards .................................................................................. 14 Lightning Protection System Standards .............................................................................................. 14 E. Tree Removal Standards .................................................................................................... 14 City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page ii Appendix A. Applicability and Exemptions Summary Charts ....................................................... A1 Appendix B. Approved Tree Species List ...................................................................................... B1 Appendix C. Standard Applications, Checklists, Forms and Worksheets ..................................... C1 Appendix D. Illustrations and Construction Details ..................................................................... D1 1. Calculating Actual Tree Canopy Cover ............................................................................... D2 2. Calculating Tree Canopy Cover Percent ............................................................................. D3 3. Critical Root Zone (Plan View)............................................................................................ D5 4. Tree Mulching Detail – Newly Planted Tree ...................................................................... D6 5. Tree Mulching Detail – Conserved Tree ............................................................................. D7 6. Tree Protection Zone Detail ............................................................................................... D8 7. Tree Protection Fencing Detail .......................................................................................... D9 8. Tree Protection Area Sign Detail ...................................................................................... D10 9. Tree Planting Detail .......................................................................................................... D11 10. Tree Staking Detail........................................................................................................... D12 City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 1 1. INTRODUCTION This Tree Conservation Manual is a supplement to the City of Milton’s Tree Canopy Conservation Ordinance and contains required administrative and arboricultural standards and procedures for tree ordinance implementation and compliance. The information in this tree conservation manual may be revised as necessary with the approval of the director of the community development department (the administrator of the tree ordinance) to reduce unintended outcomes and better meet the community forest vision and goals, as well as, the purposes and intent of the tree ordinance. The Community Forest Vision and Goals are as follows: □ The City of Milton’s natural and extensive tree canopy provides significant benefits and irreplaceable value to our quality of life. □ The city is committed to managing its community forest to continually improve the quantity and quality of its vital green infrastructure. □ It is the goal of the city to maintain no net loss of tree canopy cover below the 57 percent existing as of March 2017. □ The city aims to measure average tree canopy cover across the city as needed, but not to exceed a five year period between measurements, using the latest GIS technology and use the results to evaluate the effectiveness of the tree ordinance and other tree management programs and policies in achieving the city’s tree canopy goals. 2. TREE BENEFITS Trees provide significant and irreplaceable functions and benefits to the citizens of Milton, to visitors to the city, and to businesses operating within the city. The purposes of the city’s Tree Canopy Conservation Ordinance and this Tree Conservation Manual are to increase and optimize the following functions and benefits of trees and tree canopy cover. □ Trees produce oxygen and absorb carbon dioxide, thereby reducing air pollution and improving air quality. □ Trees filter out dust, particulate matter, and airborne pollutants, thereby improving air quality. □ Trees intercept precipitation, thereby reducing stormwater runoff and improving water quality. □ Trees and the community forest ecosystem provide habitat for desirable wildlife and City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 2 provide food and shelter for birds which in turn assist in control of insects. □ Trees reduce energy usage and air conditioning and heating costs by lowering air temperatures, providing shade and windbreaks, and through evapotranspiration of moisture from their leaves. □ Trees buffer different land uses to eliminate or minimize nuisances such as dust, noise, glare and signs, and provide privacy and screening of traffic, unsightly buildings and parking areas. □ Trees improve public health by reducing stress, encouraging exerci se, calming traffic, decreasing illness recovery times, reducing crime and improving concentration. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 3 □ Trees attract residents, visitors and commerce to communities and increase the value and marketability of property. □ Trees beautify the city and protect and enhance the quality of life. 3. TREE CANOPY COVER CALCULATION PROCEDURES A. Assigning Tree Canopy Cover Credit Tree canopy cover credit is assigned to individual trees and groups of trees that are conserved based on their actual canopy cover, and to trees planted to satisfy tree replacement and minimum tree canopy cover requirements based on a standard tree canopy cover credit amount for the species. The standard tree canopy cover credit for each species is based on the mature tree canopy size class as listed in the tree species list and represents the minimum tree canopy size (spread) that a tree would be expected to attain at maturity under urban conditions. In cases where the actual tree canopy cover of a conserved tree is less than the standard tree canopy cover credit for the species, then the standard credit will be given to the conserved tree to provide an incentive to conserve younger and smaller trees. B. Determining the Actual Tree Canopy Cover of Existing Trees The amount of tree canopy cover assigned to an individually growing, existing tree with no significant part (less than 10 percent) of its crown overlapping another tree’s crown shall be the actual square feet of ground area within the tree’s dripline and within the property boundaries in addition to the canopy overhanging the public right -of-way, or the standard tree canopy cover credit for the species, whichever is greater. The ground area covered by the canopy of an individually growing tree can be calculated as the area of a circle with a radius equal to the average radius of the tree’s crown, as illustrated in Appendix D and further described here. The radius is the distance from the center of a circle (tree trunk) to the outer edge of the circle (dripline), and is one-half the distance of the diameter, which is measured from dripline-to-dripline through the center. To determine the average radius of a tree’s crown, first measure the diameter of the tree’s crown dripline-to-dripline in two (2) perpendicular directions, centered on the tree trunk. Measure the widest dripline-to-dripline diameter first, and then measure the diameter in the perpendicular City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 4 direction. Add these two measurements and divide by 2 to get the average diameter. Divide by 2 again to get the average radius. Use Table A to determine the canopy area of the tree in square feet, which has been calculated using the average radius in feet and the standard formula for calculating the area of a circle. Table A. Canopy Area of Individually Growing Trees by Average Radius AVG RADIUS (feet) CANOPY AREA (square feet) AVG RADIUS (feet) CANOPY AREA (square feet) AVG RADIUS (feet) CANOPY AREA (square feet) 1 3 21 1,385 41 5,278 2 13 22 1,520 42 5,539 3 28 23 1,661 43 5,806 4 50 24 1,809 44 6,079 5 79 25 1,963 45 6,359 6 113 26 2,123 46 6,644 7 154 27 2,289 47 6,936 8 201 28 2,462 48 7,235 9 254 29 2,641 49 7,539 10 314 30 2,826 50 7,850 11 380 31 3,018 51 8,167 12 452 32 3,215 52 8,491 13 531 33 3,419 53 8,820 14 615 34 3,630 54 9,156 15 707 35 3,847 55 9,499 16 804 36 4,069 56 9,847 17 907 37 4,299 57 10,202 18 1,017 38 4,534 58 10,563 19 1,134 39 4,776 59 10,930 20 1,256 40 5,024 60 11,304 For forested areas and groups of existing trees with overlapping crowns, the amount of tree canopy cover assigned to the group shall be the actual square feet of ground area within the outer perimeter of the combined driplines of all trees within the group. This area can be measured using one of the following methods: □ On the ground by a surveyor, the city arborist, a certified arborist or other qualified individual; or, City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 5 □ Online using the most current aerial photography and an area measuring tool, either on the Fulton County geographic information system or another such geographic information system. The amount of tree canopy cover credited to a required rural viewshed shall be as described for a forested area. C. Standard Canopy Cover Credit for Planted Trees For planted trees, the amount of tree canopy cover credited to each newly planted tree has been standardized based on the typical crown spread (crown diameter) range of the species at maturity under urban conditions, as listed in Table B, and in the tree species list in the columns titled “Tree Canopy Size Class” and “Standard Tree Canopy Cover Credit”. Table B. Standard Tree Canopy Cover Credit by Mature Tree Size Mature Tree Canopy Size Class Standard Tree Canopy Cover Credit (square feet) Very Wide (> 35-foot spread) 1,600 Wide (25- to 35-foot spread) 900 Narrow (15- to 25-foot spread) 400 Very Narrow (< 15-foot spread) 150 D. Calculating Tree Canopy Cover for a Site The percent tree canopy cover of a site or lot shall be the total tree canopy cover within the boundaries of the site or lot in square feet divided by the total site or lot area in square feet and multiplied by 100 to get percent tree canopy cover. An illustration of calculating tree canopy cover for a sample site is located in Appendix D. Examples of Tree Canopy Cover Calculations A 10,000-square foot lot with a total of 5,000 square feet of tree canopy would have 50% tree canopy cover (5,000/10,000 = .50, x 100 = 50%). A 20,000-square foot lot with a total of 8,000 square feet of tree canopy would have 40 percent tree canopy cover (8,000/20,000 = .40, x 100 = 40%). A 1-acre lot (43,560 square feet) covered with a total of 28,000 square feet of tree canopy would have 64 percent tree canopy cover (28,000/43,560 = .64, x 100 = 64%). City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 6 4. ARBORICULTURAL STANDARDS All tree care operations regulated by the tree ordinance, including tree protection, tree establishment, new tree maintenance, established tree maintenance and tree removal shall be completed in accordance with: □ The technical standards set forth in the tree ordinance and tree conservation manual; □ The most current ANSI A300 Standards for Tree Care Operations and Z133.1 Safety Standards and ISA best management practices available from the International Society of Arboriculture (www.isa-arbor.com); and, □ Z60.1 Standard for Nursery Stock available from AmericanHort at www.americanhort.org. A copy of the most current ANSI A300 Standards for Tree Care Operations, Z133.1 Safety Standards, ISA best management practices, and Z60.1 Standard for Nursery Stock are available for review at the community development department. In addition, illustrations and construction details for some of the tree care activities described in these standards are included in Appendix D. A. Tree Protection Standards Active Tree Protection Active tree protection shall include the avoidance of harmful and prohibited activities within the tree protection zone and the installation of tree protection measures, including physical barriers to delineate and identify the tree protection zone or protect the tree trunk. Prohibited Activities Within the tree protection zone, the following activities and conditions, and any other activities and conditions harmful to a tree’s roots, trunk or crown, sh all be prohibited: □ Vehicle or equipment traffic, parking, or storage; □ Materials or supplies storage; □ Placement of temporary or permanent structures; □ Equipment maintenance or washout; □ Wounding of trunk; City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 7 □ Wounding or breakage of scaffold limbs or branches larger than 3 inches in diameter; □ Topping or other improper pruning, such as stub cuts or flush cuts; and, □ Fires or excessive heat from equipment exhaust pipes. □ Site or lot clearing or grubbing; □ Soil excavation, cuts, fill, grading, trenching or tilling; □ Edging around mulch and landscape beds; □ Soil compaction; □ Top dressing with soil greater than 2 inches in depth; and, □ Paving. With city arborist approval, some prohibited activities may take place on one side of the tree in the outer one-half of the critical root zone, but in no case closer than 3 feet to the trunk of a planted tree and 10 feet to the trunk of a conserved tree. Tree Protection Measures Orange polyethylene barrier fencing shall be installed prior to any land devel opment or land disturbance activity around each individual conserved tree, tree group or forested area at the location of the critical root zone and shall remain in place until construction activities have been completed. Tree protection fencing shall be installed in accordance with the construction details provided herein. When equipment movement is such that damage to tree trunks may be possible, then tree trunks shall be wrapped vertically with a single layer of 2-inch by 4-inch lumber spaced a maximum of 12 inches apart, and covered with corrugated cardboard secured with strapping; the wrapping shall remain on the tree throughout the period of potential damage. Low hanging limbs that may be damaged by equipment traffic or other construction acti vities shall be pruned prior to the commencement of any land development or land disturbance activity in accordance with the pruning standards set forth herein. Forested areas designated as tree save areas, shall remain in an undisturbed condition and turf mowing, removal of the natural leaf litter, and clearing of underbrush other than invasive plants are prohibited within the tree save limits of the forested area. No tree maintenance shall be required in forested areas, except for that necessary to maintain a healthy stand of trees. Tree Protection Signs Prior to any land development or land disturbance activity and after tree protection fencing is City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 8 installed, tree protection area signs shall be installed. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 9 Signs shall be installed along the perimeter of all tree protection zones at least every 50 feet and shall include, at a minimum, the following text: “Tree Protection Area, Entry Prohibited, No Construction Activity, Materials or Equipment Storage, Equipment Washout, or Vehicle Traffic Allowed”. The sign shall be fabricated out of a sturdy material, shall be at least 18 inches wide by 24 inches high, and shall be placed on a sturdy post with the bottom of the sign at a minimum height of 30 inches above the ground. The signs must remain present at all times during construction. Passive Tree Protection Passive tree protection shall be required throughout the life of a specimen or heritage tree and shall require, at a minimum, the avoidance of all prohibited activities described herein within the tree protection zone. In addition, no person shall fasten or attach to any specimen or heritage tree any: □ Sign, poster, bill, notice or advertisement of any kind; □ Nails, boards, wire, strap, rope, chain or other such material that could damage the tree’s bark or girdle the trunk or scaffold limbs; or, □ Materials or structures that impede the normal growth or biological processes of the tree. No brine, oil, gasoline, paint or concrete washout, herbicides or other substances deleterious to tree health and survival shall be permitted to lie, leak, pour, flow or drip on or into the soil within the critical root zone of a specimen or heritage tree. B. Tree Establishment Standards Trees planted to satisfy tree replacement and minimum tree canopy cover requirements shall be established in accordance with the standards set forth herein. Tree establishment involves a series of steps that includes selecting the proper place for a tree, species selection, selecting an appropriately sized tree and a good quality tree, soil preparation, tree planting, and new tree maintenance. Tree Height Class The tree species list also includes the mature tree height class for each species in addition to the mature tree canopy size class and standard tree canopy cover credit. The height and canopy size classes affect where trees can be placed for trees to receive tree canopy cover credit. Table C shows the mature height range by class of trees growing under urban conditions. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 10 Table C. Mature Height Range of Trees by Height Class Mature Height Class Average Height Range Large Greater than 50 feet Medium 25 feet to 50 feet Small 15 to 25 feet Tree Placement Standards Trees planted to satisfy the requirements of this tree ordinance shall be placed such that they have adequate space to grow unobstructed to maturity. Minimum distances, at the time of planting as measured from the tree trunk to structures and infrastructure, shall be required as listed in Table D. Table D. Tree Placement and Growing Space Standards Tree Spacing Minimum Distance Large height and very wide canopy trees 40 feet* Medium height and wide canopy trees 30 feet* Small height and narrow canopy trees 20 feet* Very narrow canopy trees 15 feet* *trees may be clumped or spaced closer with approval of the city arborist Structure and Infrastructure Clearance Minimum Distance Fire hydrants, gas and water meters, utility poles, mail boxes, similar structures 15 feet Underground utility lines 10 feet Overhead utility lines 0 feet for small height trees 20 feet for medium height trees 40 feet for large height trees Buildings 15 feet for very narrow and narrow trees 25 feet for wide trees 35 feet for very wide trees Driveways and walkways 15 feet all trees Street intersections 35 feet all trees Growing Space Requirements Minimum Distance, Area, Volume Minimum tree lawn width (between sidewalk and curb) 5 feet all trees Minimum width of landscape island in parking lots 8 feet all trees Open Soil Surface Area Per Tree (and soil volume to a depth of 24 inches) 100 sq ft for small height trees (200 cubic feet) City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 11 Table D. Tree Placement and Growing Space Standards Tree Spacing Minimum Distance 225 sq ft for medium height trees (450 cubic feet) 400 sq ft for large height trees (800 cubic feet) In addition, the following standards shall apply: □ Tree trunks shall not be planted directly over property boundary lines or corners; □ In no case, shall a planting site be less than 5 feet wide in any one direction at the soil surface; and, □ No trees shall be planted on public or private property within the limits of, or which will interfere with, any drainage, sewer, water or utility easement, unless otherwise allowed herein. Species Selection Standards Species planted to satisfy the requirements of this tree ordinance shall be selected from the tree species list and shall conform to the following standards: □ Species shall be selected that are tolerant of the growing conditions existing on the site, including the available above- and below-ground growing space, sunlight, soil moisture, temperature, and soil volume; □ No more than 30 percent of any one genus (maple, oak, elm, etc.) shall be planted on a lot or within a development; □ When adequate growing space exists, at least 75 percent of the trees planted for tree canopy cover credit shall be very wide or wide canopy trees; □ Where obstructions to growth exist for very wide canopy trees, wide canopy trees shall be planted; and, □ Where obstructions to growth exist for wide canopy trees, narrow or very narrow canopy trees may be planted for tree canopy cover credit. Tree Size and Quality Standards Trees planted to satisfy the requirements of this chapter shall meet minimum quality standar ds as established in the most current ANSI Z60.1 American Standard for Nursery Stock. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 12 In addition, trees shall conform to the following standards: □ Trees shall be a minimum of 2-inch caliper for deciduous trees, a minimum of 8 feet in height for evergreen trees (except 5 feet in height for buffer plantings), and a minimum of 1-inch caliper per trunk for multi-trunked trees at the time of planting, unless larger caliper trees are required by the tree ordinance; □ Replacement trees for specimen and heritage trees shall be a minimum of 4-inch caliper for deciduous trees; □ Trees may be container grown or balled and burlapped; □ Trees shall be free from stem encircling or girdling roots; □ Trees shall be free from co-dominant stems and included bark; □ Trees shall be free of stem and branch wounds, broken branches or leaders, significant leans, insect and disease pests, mistletoe, and other harmful conditions that may threaten the tree’s survival, health, and potential to grow to maturity; and, □ Trees shall not require staking to stand upright under normal environmental conditions. Soil Preparation Standards Planting sites shall consist of an adequate volume of quality soil in which a tree can readily survive and thrive. The soil around a planted tree shall meet the following standards: □ The minimum open soil surface area and volume of soil shall be as listed in Table D; □ The soil within the open soil surface area shall be well aerated to a depth of 8 inches, except that in tree planting islands surrounded by pavement it shall be well aerated to a depth of 18 inches; □ The soil shall contain at least 5 percent organic matter; □ Soil pH shall be within a range of 5.8 to 7.0; □ An approved structural soil mix containing 80 percent rock aggregate, 15 percent mineral soil, and a sticking agent may be used within parking lots and other paved areas and within and adjacent to tree islands to increase the rooting volume available to trees, in which case the open soil surface area may be reduced by 30 percent; and, □ Permeable or porous pavements or suspended pavement systems may be used within a parking lot or other paved area adjacent to tree islands, in which case the open soil surface area required may be reduced by up to 50 percent. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 13 Tree Planting Standards The following standards shall apply to the planting of container grown or balled and burlapped trees: □ Trees shall be installed during the planting season, unless otherwise approved by the administrator; □ In undisturbed soils and prepared soils, the planting hole shall be at least two (2) times as wide and no deeper than the root ball of the tree, with sides sloping inward from the top, and with firm soil on the bottom and conform to the planting detail in Appendix D; □ In compacted soils, the planting hole shall be at least three (3) times as wide and no deeper than the root ball of the tree, with sides sloping inward from the top, and with firm soil on the bottom; □ The tree shall be planted no deeper than it was growing in the containe r or field and the trunk flare shall be visible above the ground; □ All strapping, webbing, twine, strings and other such material shall be removed from the root ball prior to filling in the hole with soil; □ The burlap and wire basket, if they cannot be removed completely without damaging the root ball, shall be removed to a depth of at least 12 inches and to a greater depth if possible; □ In no case shall any burlap be located above the soil surface; and, □ Trees shall not be staked unless they are leafed ou t and planted in sandy or very well- aerated soils in which shifting of the root ball might occur; when staking must occur, it shall conform to the staking detail in Appendix D. C. New Tree Maintenance Standards For newly planted container grown or balled and burlapped trees that are planted to satisfy the requirements of the tree ordinance, the applicant or his/her authorized agent(s) shall comply with the following maintenance standards during the establishment period: □ Trees shall be mulched immediately after planting in accordance with the mulching standards set forth herein; □ When natural rainfall is less than 1 inch per week during the growing season, trees shall be provided with the equivalent of 1 inch of water per week within the open soil surface area; City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 14 □ Trees shall not be fertilized; □ Trees shall be pruned immediately before or after planting to remove dead, broken, diseased, dying or rubbing branches only; □ After the first growing season, tree pruning shall be done as necessary to remove dead branches, train tree structure and maintain clearance over walkways, streets and vehicles in accordance with the tree pruning standards set forth herein; and, □ Tree staking materials shall be removed no later than 1 year after planting. D. Established Tree Maintenance Standards Required tree maintenance may include pruning, mulching, or removal as set forth in the tree ordinance or as required by the city arborist as a condition of permit approval or remediation. Optional tree maintenance includes fertilization, cabling and bracing (supplemental support systems), and lightning protection. For protected trees, required maintenance shall be done in accordance with ANSI standards and ISA best management practices, and the additional standards set forth herein. Tree Pruning Standards When tree pruning is required by the tree ordinance, trees shall be pruned in accordance with ANSI standards and ISA best management practices and the standards that follow. □ Tree owners and their agents are encouraged to hire businesses that employ a certified arborist who can supervise the pruning work on site and ensure that pruning is being done properly. □ Pruning activities shall not disturb nesting, rare, or endangered wildlife and shall not resume or commence until the wildlife has vacated the tree for the season, unless the tree poses an immediate threat to public health and safety, in which case the Georgia Department of Natural Resources shall be contacted to relocate the wildlife prior to pruning; □ Co-dominant stems less than 4 inches in diameter at the fork shall be pruned off and one main stem shall remain; □ Pruning cuts that leave stubs, flush cuts that encroach on the branch collar, or the tearing of bark are not permitted; □ Pruning shall be done such that a tree’s natural form is maintained to the greatest extent possible; and, City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 15 □ Tree topping or heading back is not permitted. Reasons for which specimen and heritage tree pruning is not permitted unless approved by the city arborist include, but are not limited to: □ Sign installation, clearance, or visibility; excluding traffic, direction, warning or informational signs owned by any public or semi-public agency; and, □ Clearance for temporary or permanent equipment traffic or storage, the erection of temporary structures, or materials storage within the tree protection zone. Mulching Standards Individual planted trees, individual conserved trees, and groups of four (4) or less conserved trees shall be mulched in accordance with the following standards; □ Mulch shall be composed of organic materials that may include, but are not limited to, pine straw, leaves, wood chips aged at least 3 months, compost, and pine bark; □ Grass clippings, plastic sheeting, and rocks or gravel shall not be used as mulch and shall not be applied within the critical root zone; □ Conserved and planted trees shall be mulched to the outer edges of the critical root zone or to the greatest extent possible, except that no mulch ring shall have a radius of less than 3 feet. □ Mulch shall be 3 to 4 inches in depth, and shall be spread in an even layer throughout the critical root zone. □ Mulch is not allowed closer than 6 inches to the trunk of a planted tree and 12 inches to the trunk of a conserved tree. □ Mulch should be inspected annually for proper depth and re -applied if necessary, preferably in the late winter or early spring. □ For conserved groups of more than 4 trees, for forested areas and for forested buffers the addition of mulch is not required; however, the ground surface and natural leaf litter within these areas shall remain present and undisturbed; Fertilization Standards Fertilization is optional for protected trees. However, if protected trees are fertilized, it is recommended that they be fertilized in accordance with recommendations associated with a recent soil test and ANSI A300 standards. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 16 Tree Supplemental Support System Standards The installation of supplement support in a protected tree is optional, but may be advisable to mitigate the risk of partial tree failure. Any tree support systems placed in a specimen or heritage tree shall be designed, installed, and maintained in accordance with ANSI A300 standards. Lightning Protection System Standards The installation of a lightning protection system in a protected tree is optional, but may be advisable for specimen or heritage trees to reduce the damage that can occur as a result of a lightning strike. Any lightning protection systems placed in a specimen or heritage tree shall be designed, installed and maintained by a certified arborist in accordance with the ANSI A300 standards. E. Tree Removal Standards It is recommended that all tree removal operations be done in accordance with ANSI standar ds, including safety standards and ISA best management practices. In addition, tree removal should not disturb nesting, rare or endangered wildlife including any birds subject to The Migratory Bird Act, and tree removal should be delayed until the nesting wildlife is safely removed or has voluntarily vacated the tree, unless the tree poses an immediate threat to public health and safety, in which case the Georgia Department of Natural Resources shall be contacted to relocate the wildlife prior to removal. The Georgia Department of Natural Resources should be contacted in every case involving the removal of any bird species. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page A1 Appendix A. Applicability and Exemptions Summary Charts Section 5. APPLICABILITY AND EXEMPTIONS SUMMARY 5.1. APPLICABILITY 5.1.a. All real property. 5.1.b. Any activity that requires a land disturbance permit, building permit, demolition permit, right-of- way encroachment permit or tree removal permit. 5.1.c. Any activity that requires a certificate of occupancy, minor plat approval, certificate of conceptual plan approval, or final plat approval. 5.1.d. All protected trees. 5.2. EXEMPTIONS 5.2.a. Removal of trees posing an imminent threat or under emergency conditions. 5.2.b. Commercial tree nursery and tree farm operations. 5.2.c. Ongoing forest management practices, including timber harvesting, with exceptions. 5.2.d. Trees removed by municipal, county, state or federal authorities pursuant to law. 5.2.e. Trees removed by utility companies, except that all removal and pruning shall be done in accordance with the arboricultural standards in the tree conservation manual. A chart with applicability and exemption details follows. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page B1 Appendix B. Approved Tree Species List Trees planted to satisfy minimum tree canopy cover and tree replacement requirements of the tree ordinance must be selected from the City of Milton Tree Species List. The tree species list follows and includes: □ The species that are approved for tree canopy cover credit; □ The species that may not receive tree canopy cover credit due to their poor quality— including brittle or weak wood, invasive nature, insect or disease susceptibility, large thorns, noxious fruiting habit, excessive litter or lack of suitabi lity to the region; □ The mature height class for each species; □ The tree canopy size class for each species; □ The standard square feet of tree canopy cover credit for the species; □ Whether the species is native to the Piedmont region of Georgia; □ Whether the species is considered drought tolerant; and, □ The locations where tree species are approved for planting. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page C1 Appendix C. Standard Applications, Checklists, Forms and Worksheets 1. Heritage Tree Nomination Form 2. Tree Removal Permit Application 3. Tree Canopy Plan Checklist 4. Timber Harvesting Notification Form 5. Tree Bank Registration Application City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D1 Appendix D. Illustrations and Construction Details Construction details for the critical root zone, newly planted tree and conserved tree mulching, tree protection zone, tree protection fencing, the tree protection area sign, tree planting and tree staking must be included on the tree canopy plan. Electronic files of the construction details in PDF and JPEG formats are available from the community development department. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D2 FORMULA FOR CALCULATING THE AREA OF A CIRCLE (A) A = *R2 Area = 3.14 * (R * R) 1. Calculating Actual Tree Canopy Cover DETERMINING THE AVERAGE RADIUS and ACTUAL TREE CANOPY COVER 1) Measure the greatest crown diameter (d1) in feet. 2) Measure the crown diameter in a perpendicular direction (d2) in feet. 3) Add d1 and d2; divide by 2 to get the average diameter (D). 4) Divide the average diameter (D) by 2 to get the average radius (R) in feet. 5) Square the average radius (R2) and multiply by 3.14 (, a constant), to get the area of the crown, or a circle, in feet. EXAMPLE 1) The length of d1 is 70 feet. d1 2) The length of d2 is 50 feet. 3) The total of d1 and d2 is 120 feet, which divided by d2 2 is 60 feet, the average diameter (D). 4) The average radius is half the average diameter--60 divided by 2, which is 30 feet. 5) Square the average radius, 30 feet, which is 900 square feet and then multiply by 3.14 to get the actual tree canopy cover of the tree in this example-- 2,826 square feet. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D3 TREE CANOPY COVER PERCENT Tree canopy cover percent is calculated by dividing the total square foot area covered by tree canopies within the property boundaries and overhanging the public right-of-way by the total area of the property. To calculate the tree canopy cover percent that is planned for a lot, add the tree canopy cover of trees to be conserved to the tree canopy cover credit given to trees to be planted, and divide the result by the total area of the lot and multiply by 100. EXAMPLE A: Tree Canopy Cover on a Developed Site The developed lot in the example to the right is 150 feet wide by 290.6 feet deep, an area of 43,560 square feet (1 acre). The tree canopy cover on this lot totals 27,000 square feet (13,500 + 4,000+6,500+3,000). The total tree canopy cover of 27,000 square feet is divided by 43,560 square feet and multiplied by 100 to get a percent, resulting in a tree canopy cover of 62% for the lot. See the next page for an example of calculating tree canopy cover for a site to be developed. 2. Calculating Tree Canopy Cover Percent Property Boundaries Forested area with 13,500 sq ft of tree canopy cover within property boundaries Individual tree with 4,000 sq ft of tree canopy cover Public right-of-way Tree group with a combined tree canopy cover of 6,500 sq ft within property boundaries and overhanging the public right of way Individual tree with 3,000 sq ft of tree canopy cover within property boundaries City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D4 TREE CONSERVATION All trees outside of the improved area are to be conserved on an undeveloped lot. Replacement is required for the removal of specimen trees (120% canopy removed) and heritage trees (140% canopy removed) within the improved area. Trees are required in rural viewsheds, buffers and road frontages, as well as in other priority areas. If trees don’t exist in these areas, then new trees must be planted. EACH SITE IS DIFFERENT, AND MAY HAVE DIFFERENT TREE REQUIREMENTS RESULTING IN DIFFERENT COMBINATIONS AND ARRANGEMENTS OF CONSERVED AND PLANTED TREES EXAMPLE B: Tree Canopy Cover on an Undeveloped Lot The undeveloped lot in the example to the right is 150 feet wide by 290.6 feet deep, an area of 43,560 square feet (1 acre). If 60% tree canopy cover is required, that is equal to 26,136 square feet. All trees outside of the improved area must be conserved, and street trees are required. The total tree canopy cover on this lot at the completion of development will be 15,000 + 3,200 + 320 + 1,600 + 6,400 = 26,520 sq ft. 26,520 sq ft divided by 43,560 sq ft equals 61%. Specimen tree with 3,200 sq ft actual cover, with 10% bonus of 320 sq ft Forested area with 15,000 sq ft to be conserved Public right-of-way 4 street trees to be planted, very wide canopy, 1,600 sq ft each (6,400 sq ft total) Very wide maturing tree with 750 sq ft actual tree canopy, but is given the 1,600 sq ft standard credit Improved Area City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D5 3. Critical Root Zone (Plan View) EXAMPLE A Dripline is located farther out from the trunk than 1.5 feet for every 1-inch DBH, so therefore the dripline is the location of CRZ. Dripline follows the greatest extent of the branches (crown) around the tree. The location of the tree trunk Edge of the dripline, forms a circle, more or less, on the ground. This dripline delineates the Critical Root Zone. Radius of 1.5 feet for every 1-inch DBH, smaller than the dripline. and the perimeter of the CRITICAL ROOT ZONE (CRZ) must be delineated on tree plans. Critical Root Zone EXAMPLE B CRZ is located out from the trunk a distance of 1.5 feet for every 1-inch DBH because it is farther out than the dripline. Radius of 1.5 feet for every 1-inch DBH, larger than the dripline. Dripline follows the greatest extent of the branches (crown) around the tree. Edge of the dripline, forms a circle, more or less, on the ground, and in this example, does not delineate the Critical Root Zone. Critical Root Zone City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D6 APPLICATION Spread in an even layer 3 to 4 inches deep within the critical root zone (1.5 feet for every 1-inch DBH) and at least 3 feet out for a newly planted tree, whichever is farther. Keep mulch 6 inches from the trunk of a newly planted tree and 12 inches from the trunk of a conserved tree. MAINTENANCE inspect annually for proper depth and reapply if necessary in late winter or early spring DBH = trunk diameter measured at 4.5 feet above the ground Keep 6 inches from the trunk At least 3 feet 4. Tree Mulching Detail - Newly Planted Tree APPROVED MATERIALS pine straw leaves aged wood chips compost pine bark City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D7 APPROVED MATERIALS pine straw leaves aged wood chips compost pine bark Dripline DBH = trunk diameter measured at 4.5 feet above the ground MAINTENANCE inspect annually for proper depth and reapply if necessary in late winter or early spring Critical Root Zone 1.5 feet for every 1-inch DBH Keep mulch 12 inches from the base of the trunk 5. Tree Mulching Detail - Conserved Tree APPLICATION Spread in an even layer 3 to 4 inches deep within the critical root zone (1.5 feet for every 1-inch DBH) and at least 3 feet out for a newly planted tree, whichever is farther; keep mulch 6 inches from the trunk of a newly planted tree and 12 inches from the trunk of a conserved tree. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D8 The tree protection zone includes the critical root zone, tree trunk, and entire tree crown (scaffold limbs, branches and leaves). Tree Protection Zone Ground Line and 24 inches deep in the soil below the ground line. Critical root zone extends out 1.5 feet for every 1-inch DBH, Dripline Dripline 6. Tree Protection Zone Detail City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D9 DRIPLINE The line extending from the outermost branches to the ground, forming a more or less circular area on the ground. Dripline DBH = trunk diameter measured at 4.5 feet above the ground Edge of critical root zone TREE PROTECTION AREA ENTRY PROHIBITED TREE PROTECTION AREA ENTRY PROHIBITED No Construction No Construction Activity, Materials or Activity, Materials or Equipment Storage, Equipment Storage, Equipment Washout, Equipment Washout, or Vehicle Traffic or Vehicle Traffic Allowed Allowed Orange barrier fencing erected on sturdy posts at the dripline or edge of the critical root zone (distance of 1.5 feet for every 1-inch DBH), whichever is larger. Tree protection area signs must be installed every 50 feet around the perimeter of the tree protection fence. 7. Tree Protection Fencing Detail City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D10 8. Tree Protection Area Sign Detail TREE PROTECTION AREA ENTRY PROHIBITED NO Construction Activity, Materials or Equipment Storage, Equipment Washout or Vehicle Traffic Allowed City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D11 9. Tree Planting Detail THE PLANTING HOLE The planting hole should be dug 2 times the width of the root ball, and up to 5 times in compacted soils. Dig the hole no deeper than the depth of the root ball; soil beneath the root ball should remain firm and undisturbed. Sides of the planting hole should be rough and sloped outward. Add no soil amendments. Backfill around the root ball with the same soil that was removed. Do not fertilize until the 2nd growing season, and only if a soil test shows a deficiency. SOIL LEVEL Soil level should be at grade, with no water ring formed around the planting hole. STAKING Do not stake the tree unless it is leafed out at time of planting or is being planted in sandy soils. REMOVE STAKING AFTER 1 YEAR ROOT DEPTH The first order roots should be no more than 2 inches below the soil line. Too much soil on top of the root ball will eventually result in girdling roots and tree decline. Minimum 2X the width of the root ball, and up to 5X in compacted soils. REMOVE BURLAP, STRAPS AND WIRE BASKET Remove all straps, twine, burlap, and wire basket before backfilling with soil. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D12 INSTALLATION Install 3 sturdy posts around the tree at the CRZ. Install soft-tie straps horizontally looping around the post and the tree trunk, leaving some slack to allow the tree to bend slightly in all directions. REMOVE STAKING AND STRAPS AFTER 1 YEAR RECOMMENDED MATERIALS Sturdy metal or wood posts, 4 feet tall, and soft-tie straps and loops 10. Tree Staking Detail City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance Tree Conservation Manual Revised May 15, 2020 City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page ii TABLE OF CONTENTS 1. INTRODUCTION .............................................................................................................................. 1 2. TREE BENEFITS ................................................................................................................................ 1 3. TREE CANOPY COVER CALCULATION PROCEDURES ............................................................................ 3 A. Assigning Tree Canopy Cover Credit ............................................................................................... 3 B. Determining the Actual Tree Canopy Cover of Existing Trees ............................................................. 3 C. Standard Canopy Cover Credit for Planted Trees .............................................................................. 5 D. Calculating Tree Canopy Cover for a Site ......................................................................................... 5 4. ARBORICULTURAL STANDARDS ......................................................................................................... 6 A. Tree Protection Standards ............................................................................................................. 6 Active Tree Protection ............................................................................................................................... 6 Prohibited Activities ................................................................................................................................... 6 Tree Protection Measures ......................................................................................................................... 7 Tree Protection Signs ................................................................................................................................. 7 Passive Tree Protection .............................................................................................................................. 8 B. Tree Establishment Standards ........................................................................................................ 8 Tree Height Class ........................................................................................................................................ 8 Tree Placement Standards ......................................................................................................................... 9 Species Selection Standards ..................................................................................................................... 10 Tree Size and Quality Standards .............................................................................................................. 10 Soil Preparation Standards....................................................................................................................... 11 Tree Planting Standards ........................................................................................................................... 12 C. New Tree Maintenance Standards ............................................................................................... 12 D. Established Tree Maintenance Standards ...................................................................................... 13 Tree Pruning Standards ............................................................................................................................ 13 Mulching Standards ................................................................................................................................. 14 Fertilization Standards ............................................................................................................................. 14 Tree Supplemental Support System Standards ....................................................................................... 15 Lightning Protection System Standards ................................................................................................... 15 E. Tree Removal Standards .............................................................................................................. 15 Appendix A. Applicability and Exemptions Summary Charts ..................................................................... 16 City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page iii Appendix A. Applicability and Exemptions Summary Charts ....................................................... A1 Appendix B. Approved Tree Species List ...................................................................................... B1 Appendix C. Standard Applications, Checklists, Forms and Worksheets ..................................... C1 Appendix D. Illustrations and Construction Details ..................................................................... D1 1. Calculating Actual Tree Canopy Cover ............................................................................... D2 2. Calculating Tree Canopy Cover Percent ............................................................................. D3 3. Critical Root Zone (Plan View)............................................................................................ D5 4. Tree Mulching Detail – Newly Planted Tree ...................................................................... D6 5. Tree Mulching Detail – Conserved Tree ............................................................................. D7 6. Tree Protection Zone Detail ............................................................................................... D8 7. Tree Protection Fencing Detail .......................................................................................... D9 8. Tree Protection Area Sign Detail ...................................................................................... D10 9. Tree Planting Detail .......................................................................................................... D11 10. Tree Staking Detail........................................................................................................... D12 City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 1 1. INTRODUCTION This Tree Conservation Manual is a supplement to the City of Milton’s Tree Canopy Conservation Ordinance and contains required administrative and arboricultural standards and procedures for tree ordinance implementation and compliance. The information in this tree conservation manual may be revised as necessary with the approval of the director of the community development department (the administrator of the tree ordinance) to reduce unintended outcomes and better meet the community forest vision and goals, as well as, the purpose and intent of the tree ordinance. The Community Forest Vision and Goals are as follows: □ The City of Milton’s natural and extensive tree canopy provides significant benefits and irreplaceable value to our quality of life. □ The city is committed to managing its community forest to continually improve the quantity and quality of its vital green infrastructure. □ It is the goal of the city to maintain no net loss of tree canopy cover below the 57 percent existing as of March 2017. □ The city aims to measure average tree canopy cover across the city as needed, but not to exceed a five year period between measurements, using the latest GIS technology and use the results to evaluate the effectiveness of the tree ordinance and other tree management programs and policies in achieving the city’s tree canopy goals. 2. TREE BENEFITS Trees provide significant and irreplaceable functions and benefits to the citizens of Milton, to visitors to the city, and to businesses operating within the city. The purposes of the city’s Tree Canopy Conservation Ordinance and this Tree Conservation Manual are to increase and optimize the following functions and benefits of trees and tree canopy cover. □ Trees produce oxygen and absorb carbon dioxide, thereby reducing air pollution and improving air quality. □ Trees filter out dust, particulate matter, and airborne pollutants, thereby improving air quality. □ Trees intercept precipitation, thereby reducing stormwater runoff and improving water quality. □ Trees and the community forest ecosystem provide habitat for desirable wildlife and City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 2 provide food and shelter for birds which in turn assist in control of insects. □ Trees reduce energy usage and air conditioning and heating costs by lowering air temperatures, providing shade and windbreaks, and through evapotranspiration of moisture from their leaves. □ Trees buffer different land uses to eliminate or minimize nuisances such as dust, noise, glare and signs, and provide privacy and screening of traffic, unsightly buildings and parking areas. □ Trees improve public health by reducing stress, encouraging exerci se, calming traffic, decreasing illness recovery times, reducing crime and improving concentration. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 3 □ Trees attract residents, visitors and commerce to communities and increase the value and marketability of property. □ Trees beautify the city and protect and enhance the quality of life. 3. TREE CANOPY COVER CALCULATION PROCEDURES A. Assigning Tree Canopy Cover Credit Tree canopy cover credit is assigned to individual trees and groups of trees that are conserved based on their actual canopy cover, and to trees planted to satisfy tree replacement and minimum tree canopy cover requirements based on a standard tree canopy cover credit amount for the species. The standard tree canopy cover credit for each species is based on the mature tree canopy size class as listed in the tree species list and represents the minimum tree canopy size (spread) that a tree would be expected to attain at maturity under urban conditions. In cases where the actual tree canopy cover of a conserved tree is less than the standard tree canopy cover credit for the species, then the standard credit will be given to the conserved tree to provide an incentive to conserve younger and smaller trees. B. Determining the Actual Tree Canopy Cover of Existing Trees The amount of tree canopy cover assigned to an individually growing, existing tree with no significant part (less than 10 percent) of its crown overlapping another tree’s crown shall be the actual square feet of ground area within the tree’s dripline and within the property boundaries in addition to the canopy overhanging the public right -of-way, or the standard tree canopy cover credit for the species, whichever is greater. The ground area covered by the canopy of an individually growing tree can be calculated as the area of a circle with a radius equal to the average radius of the tree’s crown, as illustrated in Appendix D and further described here. The radius is the distance from the center of a circle (tree trunk) to the outer edge of the circle (dripline), and is one-half the distance of the diameter, which is measured from dripline-to-dripline through the center. To determine the average radius of a tree’s crown, first measure the diameter of the tree’s crown dripline-to-dripline in two (2) perpendicular directions, centered on the tree trunk. Measure the widest dripline-to-dripline diameter first, and then measure the diameter in the perpendicular City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 4 direction. Add these two measurements and divide by 2 to get the average diameter. Divide by 2 again to get the average radius. Use Table A to determine the canopy area of the tree in square feet, which has been calculated using the average radius in feet and the standard formula for calculating the area of a circle. Table A. Canopy Area of Individually Growing Trees by Average Radius AVG RADIUS (feet) CANOPY AREA (square feet) AVG RADIUS (feet) CANOPY AREA (square feet) AVG RADIUS (feet) CANOPY AREA (square feet) 1 3 21 1,385 41 5,278 2 13 22 1,520 42 5,539 3 28 23 1,661 43 5,806 4 50 24 1,809 44 6,079 5 79 25 1,963 45 6,359 6 113 26 2,123 46 6,644 7 154 27 2,289 47 6,936 8 201 28 2,462 48 7,235 9 254 29 2,641 49 7,539 10 314 30 2,826 50 7,850 11 380 31 3,018 51 8,167 12 452 32 3,215 52 8,491 13 531 33 3,419 53 8,820 14 615 34 3,630 54 9,156 15 707 35 3,847 55 9,499 16 804 36 4,069 56 9,847 17 907 37 4,299 57 10,202 18 1,017 38 4,534 58 10,563 19 1,134 39 4,776 59 10,930 20 1,256 40 5,024 60 11,304 For forested areas and groups of existing trees with overlapping crowns, the amount of tree canopy cover assigned to the group shall be the actual square feet of ground area within the outer perimeter of the combined driplines of all trees within the group. This area can be measured using one of the following methods: □ On the ground by a surveyor, the city arborist, a certified arborist or other qualified individual; or, City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 5 □ Online using the most current aerial photography and an area measuring tool, either on the Fulton County geographic information system or another such geographic information system. The amount of tree canopy cover credited to a required rural viewshed shall be as described for a forested area. C. Standard Canopy Cover Credit for Planted Trees For planted trees, the amount of tree canopy cover credited to each newly planted tree has been standardized based on the typical crown spread (crown diameter) range of the species at maturity under urban conditions, as listed in Table B, and in the tree species list in the columns titled “Tree Canopy Size Class” and “Standard Tree Canopy Cover Credit”. Table B. Standard Tree Canopy Cover Credit by Mature Tree Size Mature Tree Canopy Size Class Standard Tree Canopy Cover Credit (square feet) Very Wide (> 35-foot spread) 1,600 Wide (25- to 35-foot spread) 900 Narrow (15- to 25-foot spread) 400 Very Narrow (< 15-foot spread) 150 D. Calculating Tree Canopy Cover for a Site The percent tree canopy cover of a site or lot shall be the total tree canopy cover within the boundaries of the site or lot in square feet divided by the total site or lot area in square feet and multiplied by 100 to get percent tree canopy cover. An illustration of calculating tree canopy cover for a sample site is located in Appendix D. Examples of Tree Canopy Cover Calculations A 10,000-square foot lot with a total of 5,000 square feet of tree canopy would have 50% tree canopy cover (5,000/10,000 = .50, x 100 = 50%). A 20,000-square foot lot with a total of 8,000 square feet of tree canopy would have 40 percent tree canopy cover (8,000/20,000 = .40, x 100 = 40%). A 1-acre lot (43,560 square feet) covered with a total of 28,000 square feet of tree canopy would have 64 percent tree canopy cover (28,000/43,560 = .64, x 100 = 64%). City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 6 4. ARBORICULTURAL STANDARDS All tree care operations regulated by the tree ordinance, including tree protection, tree establishment, new tree maintenance, established tree maintenance and tree removal shall be completed in accordance with: □ The technical standards set forth in the tree ordinance and tree conservation manual; □ The most current ANSI A300 Standards for Tree Care Operations and Z133.1 Safety Standards and ISA best management practices available from the International Society of Arboriculture (www.isa-arbor.com); and, □ Z60.1 Standard for Nursery Stock available from AmericanHort at www.americanhort.org. A copy of the most current ANSI A300 Standards for Tree Care Operations, Z133.1 Safety Standards, ISA best management practices, and Z60.1 Standard for Nursery Stock are available for review at the community development department. In addition, illustrations and construction details for some of the tree care activities described in these standards are included in Appendix D. A. Tree Protection Standards Active Tree Protection Active tree protection shall include the avoidance of harmful and prohibited activities within the tree protection zone and the installation of tree protection measures, including physical barriers to delineate and identify the tree protection zone or protect the tree trunk. Prohibited Activities Within the tree protection zone, the following activities and conditions, and any other activities and conditions harmful to a tree’s roots, trunk or crown, sh all be prohibited: □ Vehicle or equipment traffic, parking, or storage; □ Materials or supplies storage; □ Placement of temporary or permanent structures; □ Equipment maintenance or washout; □ Wounding of trunk; City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 7 □ Wounding or breakage of scaffold limbs or branches larger than 3 inches in diameter; □ Topping or other improper pruning, such as stub cuts or flush cuts; and, □ Fires or excessive heat from equipment exhaust pipes. □ Site or lot clearing or grubbing; □ Soil excavation, cuts, fill, grading, trenching or tilling; □ Edging around mulch and landscape beds; □ Soil compaction; □ Top dressing with soil greater than 2 inches in depth; and, □ Paving. With city arborist approval, some prohibited activities may take place on one side of the tree in the outer one-half of the critical root zone, but in no case closer than 3 feet to the trunk of a planted tree and 10 feet to the trunk of a conserved tree. Tree Protection Measures Orange polyethylene barrier fencing shall be installed prior to any land devel opment or land disturbance activity around each individual conserved tree, tree group or forested area at the location of the critical root zone and shall remain in place until construction activities have been completed. Tree protection fencing shall be installed in accordance with the construction details provided herein. When equipment movement is such that damage to tree trunks may be possible, then tree trunks shall be wrapped vertically with a single layer of 2-inch by 4-inch lumber spaced a maximum of 12 inches apart and covered with corrugated cardboard secured with strapping; the wrapping shall remain on the tree throughout the period of potential damage. Low hanging limbs that may be damaged by equipment traffic or other construction acti vities shall be pruned prior to the commencement of any land development or land disturbance activity in accordance with the pruning standards set forth herein. Forested areas designated as tree save areas, shall remain in an undisturbed condition and turf mowing, removal of the natural leaf litter, and clearing of underbrush other than invasive plants are prohibited within the tree save limits of the forested area. No tree maintenance shall be required in forested areas, except for that necessary to maintain a healthy stand of trees. Tree Protection Signs Prior to any land development or land disturbance activity and after tree protection fencing is City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 8 installed, tree protection area signs shall be installed. Signs shall be installed along the perimeter of all tree protection zones at least every 50 feet and shall include, at a minimum, the following text: “Tree Protection Area, Entry Prohibited, No Construction Activity, Materials or Equipment Storage, Equipment Washout, or Vehicle Traffic Allowed”. The sign shall be fabricated out of a sturdy material, shall be at least 18 inches wide by 24 inches high, and shall be placed on a sturdy post with the bottom of the sign at a minimum height of 30 inches above the ground. The signs must remain present at all times during construction. Passive Tree Protection Passive tree protection shall be required throughout the life of a specimen or heritage tree and shall require, at a minimum, the avoidance of all prohibited activities described herein within the tree protection zone. In addition, no person shall fasten or attach to any specimen or heritage tree any: □ Sign, poster, bill, notice or advertisement of any kind; □ Nails, boards, wire, strap, rope, chain or other such material that could damage the tree’s bark or girdle the trunk or scaffold limbs; or, □ Materials or structures that impede the normal growth or biological processes of the tree. No brine, oil, gasoline, paint or concrete washout, herbicides or other substances deleterious to tree health and survival shall be permitted to lie, leak, pour, flow or drip on or into the soil within the critical root zone of a specimen or heritage tree. B. Tree Establishment Standards Trees planted to satisfy tree replacement and minimum tree canopy cover requirements shall be established in accordance with the standards set forth herein. Tree establishment involves a series of steps that includes selecting the proper place for a tree, species selection, selecting an appropriately sized tree and a good quality tree, soil preparation, tree planting, and new tree maintenance. Tree Height Class The tree species list also includes the mature tree height class for each species in addition to the mature tree canopy size class and standard tree canopy cover credit. The height and canopy size classes affect where trees can be placed for trees to receive tree canopy cover credit. Table C shows the mature height range by class of trees growing under urban conditions. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 9 Table C. Mature Height Range of Trees by Height Class Mature Height Class Average Height Range Large Greater than 50 feet Medium 25 feet to 50 feet Small 15 to 25 feet Tree Placement Standards Trees planted to satisfy the requirements of this tree ordinance shall be placed such that they have adequate space to grow unobstructed to maturity. Minimum distances, at the time of planting as measured from the tree trunk to structures and infrastructure, shall be required as listed in Table D. Table D. Tree Placement and Growing Space Standards Tree Spacing Minimum Distance Large height and very wide canopy trees 40 feet* Medium height and wide canopy trees 30 feet* Small height and narrow canopy trees 20 feet* Very narrow canopy trees 15 feet* *trees may be clumped or spaced closer with approval of the city arborist Structure and Infrastructure Clearance Minimum Distance Fire hydrants, gas and water meters, utility poles, mail boxes, similar structures 15 feet Underground utility lines 10 feet Overhead utility lines 0 feet for small height trees 20 feet for medium height trees 40 feet for large height trees Buildings 15 feet for very narrow and narrow trees 25 feet for wide trees 35 feet for very wide trees Driveways and walkways 15 feet all trees Street intersections 35 feet all trees Growing Space Requirements Minimum Distance, Area, Volume Minimum tree lawn width (between sidewalk and curb) 5 feet all trees Minimum width of landscape island in parking lots 8 feet all trees Open Soil Surface Area Per Tree (and soil volume to a depth of 24 inches) 100 sq ft for small height trees (200 cubic feet) City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 10 Table D. Tree Placement and Growing Space Standards Tree Spacing Minimum Distance 225 sq ft for medium height trees (450 cubic feet) 400 sq ft for large height trees (800 cubic feet) In addition, the following standards shall apply: □ Tree trunks shall not be planted directly over property boundary lines or corners; □ In no case, shall a planting site be less than 5 feet wide in any one direction at the soil surface; and, □ No trees shall be planted on public or private property within the limits of, or which will interfere with, any drainage, sewer, water or utility easement, unless otherwise allowed herein. Species Selection Standards Species planted to satisfy the requirements of this tree ordinance shall be selected from the tree species list and shall conform to the following standards: □ Species shall be selected that are tolerant of the growing conditions existing on the site, including the available above- and below-ground growing space, sunlight, soil moisture, temperature, and soil volume; □ No more than 30 percent of any one genus (maple, oak, elm, etc.) shall be planted on a lot or within a development; □ When adequate growing space exists, at least 75 percent of the trees planted for tree canopy cover credit shall be very wide or wide canopy trees; □ Where obstructions to growth exist for very wide canopy trees, wide canopy trees shall be planted; and, □ Where obstructions to growth exist for wide canopy trees, narrow or very narrow canopy trees may be planted for tree canopy cover credit. Tree Size and Quality Standards Trees planted to satisfy the requirements of this chapter shall meet minimum quality standar ds as established in the most current ANSI Z60.1 American Standard for Nursery Stock. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 11 In addition, trees shall conform to the following standards: □ Trees shall be a minimum of 2-inch caliper for deciduous trees, a minimum of 8 feet in height for evergreen trees (except 5 feet in height for buffer plantings), and a minimum of 1-inch caliper per trunk for multi-trunked trees at the time of planting, unless larger caliper trees are required by the tree ordinance; □ Replacement trees for specimen and heritage trees shall be a minimum of 4-inch caliper for deciduous trees; □ Trees may be container grown or balled and burlapped; □ Trees shall be free from stem encircling or girdling roots; □ Trees shall be free from co-dominant stems and included bark; □ Trees shall be free of stem and branch wounds, broken branches or leaders, significant leans, insect and disease pests, mistletoe, and other harmful conditions that may threaten the tree’s survival, health, and potential to grow to maturity; and, □ Trees shall not require staking to stand upright under normal environmental conditions. Soil Preparation Standards Planting sites shall consist of an adequate volume of quality soil in which a tree can readily survive and thrive. The soil around a planted tree shall meet the following standards: □ The minimum open soil surface area and volume of soil shall be as listed in Table D; □ The soil within the open soil surface area shall be well aerated to a depth of 8 inches, except that in tree planting islands surrounded by pavement it shall be well aerated to a depth of 18 inches; □ The soil shall contain at least 5 percent organic matter; □ Soil pH shall be within a range of 5.8 to 7.0; □ An approved structural soil mix containing 80 percent rock aggregate, 15 percent mineral soil, and a sticking agent may be used within parking lots and other paved areas and within and adjacent to tree islands to increase the rooting volume available to trees, in which case the open soil surface area may be reduced by 30 percent; and, □ Permeable or porous pavements or suspended pavement systems may be used within a parking lot or other paved area adjacent to tree islands, in which case the open soil surface area required may be reduced by up to 50 percent. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 12 Tree Planting Standards The following standards shall apply to the planting of container grown or balled and burlapped trees: □ Trees shall be installed during the planting season, unless otherwise approved by the administrator; □ In undisturbed soils and prepared soils, the planting hole shall be at least two (2) times as wide and no deeper than the root ball of the tree, with sides sloping inward from the top, and with firm soil on the bottom and conform to the planting detail in Appendix D; □ In compacted soils, the planting hole shall be at least three (3) times as wide and no deeper than the root ball of the tree, with sides sloping inward from the top, and with firm soil on the bottom; □ The tree shall be planted no deeper than it was growing in the containe r or field and the trunk flare shall be visible above the ground; □ All strapping, webbing, twine, strings and other such material shall be removed from the root ball prior to filling in the hole with soil; □ The burlap and wire basket, if they cannot be removed completely without damaging the root ball, shall be removed to a depth of at least 12 inches and to a greater depth if possible; □ In no case shall any burlap be located above the soil surface; and, □ Trees shall not be staked unless they are leafed ou t and planted in sandy or very well- aerated soils in which shifting of the root ball might occur; when staking must occur, it shall conform to the staking detail in Appendix D. C. New Tree Maintenance Standards For newly planted container grown or balled and burlapped trees that are planted to satisfy the requirements of the tree ordinance, the applicant or his/her authorized agent(s) shall comply with the following maintenance standards during the establishment period: □ Trees shall be mulched immediately after planting in accordance with the mulching standards set forth herein; □ When natural rainfall is less than 1 inch per week during the growing season, trees shall be provided with the equivalent of 1 inch of water per week within the open soil surface area; City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 13 □ Trees shall not be fertilized; □ Trees shall be pruned immediately before or after planting to remove dead, broken, diseased, dying or rubbing branches only; □ After the first growing season, tree pruning shall be done as necessary to remove dead branches, train tree structure and maintain clearance over walkways, streets and vehicles in accordance with the tree pruning standards set forth herein; and, □ Tree staking materials shall be removed no later than 1 year after planting. D. Established Tree Maintenance Standards Required tree maintenance may include pruning, mulching, or removal as set forth in the tree ordinance or as required by the city arborist as a condition of permit approval or remediation. Optional tree maintenance includes fertilization, cabling and bracing (supplemental support systems), and lightning protection. For protected trees, required maintenance shall be done in accordance with ANSI standards and ISA best management practices, and the additional standards set forth herein. Tree Pruning Standards When tree pruning is required by the tree ordinance, trees shall be pruned in accordance with ANSI standards and ISA best management practices and the standards that follow. □ Tree owners and their agents are encouraged to hire businesses that employ a certified arborist who can supervise the pruning work on site and ensure that pruning is being done properly. □ Pruning activities shall not disturb nesting, rare, or endangered wildlife and shall not resume or commence until the wildlife has vacated the tree for the season, unless the tree poses an immediate threat to public health and safety, in which case the Georgia Department of Natural Resources shall be contacted to relocate the wildlife prior to pruning; □ Co-dominant stems less than 4 inches in diameter at the fork shall be pruned off and one main stem shall remain; □ Pruning cuts that leave stubs, flush cuts that encroach on the branch collar, or the tearing of bark are not permitted; □ Pruning shall be done such that a tree’s natural form is maintained to the greatest extent possible; and, City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 14 □ Tree topping or heading back is not permitted. Reasons for which specimen and heritage tree pruning is not permitted unless approved by the city arborist include, but are not limited to: □ Sign installation, clearance, or visibility; excluding traffic, direction, warning or informational signs owned by any public or semi-public agency; and, □ Clearance for temporary or permanent equipment traffic or storage, the erection of temporary structures, or materials storage within the tree protection zone. Mulching Standards Individual planted trees, individual conserved trees, and groups of four (4) or less conserved trees shall be mulched in accordance with the following standards; □ Mulch shall be composed of organic materials that may include, but are not limited to, pine straw, leaves, wood chips aged at least 3 months, compost, and pine bark; □ Grass clippings, plastic sheeting, and rocks or gravel shall not be used as mulch and shall not be applied within the critical root zone; □ Conserved and planted trees shall be mulched to the outer edges of the critical root zone or to the greatest extent possible, except that no mulch ring shall have a radius of less than 3 feet. □ Mulch shall be 3 to 4 inches in depth and shall be spread in an even layer throughout the critical root zone. □ Mulch is not allowed closer than 6 inches to the trunk of a planted tree and 12 inches to the trunk of a conserved tree. □ Mulch should be inspected annually for proper depth and re -applied if necessary, preferably in the late winter or early spring. □ For conserved groups of more than 4 trees, for forested areas and for forested buffers the addition of mulch is not required; however, the ground surface and natural leaf litter within these areas shall remain present and undisturbed; Fertilization Standards Fertilization is optional for protected trees. However, if protected trees are fertilized, it is recommended that they be fertilized in accordance with recommendations associated with a recent soil test and ANSI A300 standards. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL February 5, 2018 Page 15 Tree Supplemental Support System Standards The installation of supplement support in a protected tree is optional, but may be advisable to mitigate the risk of partial tree failure. Any tree support systems placed in a specimen or heritage tree shall be designed, installed, and maintained in accordance with ANSI A300 standards. Lightning Protection System Standards The installation of a lightning protection system in a protected tree is optional, but may be advisable for specimen or heritage trees to reduce the damage that can occur as a result of a lightning strike. Any lightning protection systems placed in a specimen or heritage tree shall be designed, installed and maintained by a certified arborist in accordance with the ANSI A300 standards. E. Tree Removal Standards It is recommended that all tree removal operations be done in accordance with ANSI standar ds, including safety standards and ISA best management practices. In addition, tree removal should not disturb nesting, rare or endangered wildlife including any birds subject to The Migratory Bird Act, and tree removal should be delayed until the nesting wildlife is safely removed or has voluntarily vacated the tree, unless the tree poses an immediate threat to public health and safety, in which case the Georgia Department of Natural Resources shall be contacted to relocate the wildlife prior to removal. The Georgia Department of Natural Resources should be contacted in every case involving the removal of any bird species. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page A1 Appendix A. Applicability and Exemptions Summary Charts Section 5. APPLICABILITY AND EXEMPTIONS SUMMARY 5.1. APPLICABILITY 5.1.a. All real property. 5.1.b. Any activity that requires a land disturbance permit, building permit, demolition permit, right-of- way encroachment permit or tree removal permit. 5.1.c. Any activity that requires a certificate of occupancy, minor plat approval, certificate of conceptual plan approval, or final plat approval. 5.1.d. All protected trees. 5.2. EXEMPTIONS 5.2.a. Removal of trees posing an imminent threat or under emergency conditions. 5.2.b. Commercial tree nursery and tree farm operations. 5.2.c. Ongoing forest management practices, including timber harvesting, with exceptions. 5.2.d. Trees removed by municipal, county, state or federal authorities pursuant to law. 5.2.e. Trees removed by utility companies, except that all removal and pruning shall be done in accordance with the arboricultural standards in the tree conservation manual. A chart with applicability and exemption details follows. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page B1 Appendix B. Approved Tree Species List Trees planted to satisfy minimum tree canopy cover and tree replacement requirements of the tree ordinance must be selected from the City of Milton Tree Species List. The tree species list follows and includes: □ The species that are approved for tree canopy cover credit; □ The species that may not receive tree canopy cover credit due to their poor quality— including brittle or weak wood, invasive nature, insect or disease susceptibility, large thorns, noxious fruiting habit, excessive litter or lack of suitabi lity to the region; □ The mature height class for each species; □ The tree canopy size class for each species; □ The standard square feet of tree canopy cover credit for the species; □ Whether the species is native to the Piedmont region of Georgia; □ Whether the species is considered drought tolerant; and, □ The locations where tree species are approved for planting. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page C1 Appendix C. Standard Applications, Checklists, Forms and Worksheets 1. Heritage Tree Nomination Form 2. Tree Removal Permit Application 3. Tree Canopy Plan Checklist 4. Timber Harvesting Notification Form 5. Tree Bank Registration Application City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D1 Appendix D. Illustrations and Construction Details Construction details for the critical root zone, newly planted tree and conserved tree mulching, tree protection zone, tree protection fencing, the tree protection area sign, tree planting and tree staking must be included on the tree canopy plan. Electronic files of the construction details in PDF and JPEG formats are available from the community development department. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D2 FORMULA FOR CALCULATING THE AREA OF A CIRCLE (A) A = *R2 Area = 3.14 * (R * R) 1. Calculating Actual Tree Canopy Cover DETERMINING THE AVERAGE RADIUS and ACTUAL TREE CANOPY COVER 1) Measure the greatest crown diameter (d1) in feet. 2) Measure the crown diameter in a perpendicular direction (d2) in feet. 3) Add d1 and d2; divide by 2 to get the average diameter (D). 4) Divide the average diameter (D) by 2 to get the average radius (R) in feet. 5) Square the average radius (R2) and multiply by 3.14 (, a constant), to get the area of the crown, or a circle, in feet. EXAMPLE 1) The length of d1 is 70 feet. d1 2) The length of d2 is 50 feet. 3) The total of d1 and d2 is 120 feet, which divided by d2 2 is 60 feet, the average diameter (D). 4) The average radius is half the average diameter--60 divided by 2, which is 30 feet. 5) Square the average radius, 30 feet, which is 900 square feet and then multiply by 3.14 to get the actual tree canopy cover of the tree in this example-- 2,826 square feet. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D3 TREE CANOPY COVER PERCENT Tree canopy cover percent is calculated by dividing the total square foot area covered by tree canopies within the property boundaries and overhanging the public right-of-way by the total area of the property. To calculate the tree canopy cover percent that is planned for a lot, add the tree canopy cover of trees to be conserved to the tree canopy cover credit given to trees to be planted, and divide the result by the total area of the lot and multiply by 100. EXAMPLE A: Tree Canopy Cover on a Developed Site The developed lot in the example to the right is 150 feet wide by 290.6 feet deep, an area of 43,560 square feet (1 acre). The tree canopy cover on this lot totals 27,000 square feet (13,500 + 4,000+6,500+3,000). The total tree canopy cover of 27,000 square feet is divided by 43,560 square feet and multiplied by 100 to get a percent, resulting in a tree canopy cover of 62% for the lot. See the next page for an example of calculating tree canopy cover for a site to be developed. 2. Calculating Tree Canopy Cover Percent Property Boundaries Forested area with 13,500 sq ft of tree canopy cover within property boundaries Individual tree with 4,000 sq ft of tree canopy cover Public right-of-way Tree group with a combined tree canopy cover of 6,500 sq ft within property boundaries and overhanging the public right of way Individual tree with 3,000 sq ft of tree canopy cover within property boundaries City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D4 TREE CONSERVATION All trees outside of the improved area are to be conserved on an undeveloped lot. Replacement is required for the removal of specimen trees (120% canopy removed) and heritage trees (140% canopy removed) within the improved area. Trees are required in rural viewsheds, buffers and road frontages, as well as in other priority areas. If trees don’t exist in these areas, then new trees must be planted. EACH SITE IS DIFFERENT, AND MAY HAVE DIFFERENT TREE REQUIREMENTS RESULTING IN DIFFERENT COMBINATIONS AND ARRANGEMENTS OF CONSERVED AND PLANTED TREES EXAMPLE B: Tree Canopy Cover on an Undeveloped Lot The undeveloped lot in the example to the right is 150 feet wide by 290.6 feet deep, an area of 43,560 square feet (1 acre). If 60% tree canopy cover is required, that is equal to 26,136 square feet. All trees outside of the improved area must be conserved, and street trees are required. The total tree canopy cover on this lot at the completion of development will be 15,000 + 3,200 + 320 + 1,600 + 6,400 = 26,520 sq ft. 26,520 sq ft divided by 43,560 sq ft equals 61%. Specimen tree with 3,200 sq ft actual cover, with 10% bonus of 320 sq ft Forested area with 15,000 sq ft to be conserved Public right-of-way 4 street trees to be planted, very wide canopy, 1,600 sq ft each (6,400 sq ft total) Very wide maturing tree with 750 sq ft actual tree canopy, but is given the 1,600 sq ft standard credit Improved Area City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D5 3. Critical Root Zone (Plan View) EXAMPLE A Dripline is located farther out from the trunk than 1.5 feet for every 1-inch DBH, so therefore the dripline is the location of CRZ. Dripline follows the greatest extent of the branches (crown) around the tree. The location of the tree trunk Edge of the dripline, forms a circle, more or less, on the ground. This dripline delineates the Critical Root Zone. Radius of 1.5 feet for every 1-inch DBH, smaller than the dripline. and the perimeter of the CRITICAL ROOT ZONE (CRZ) must be delineated on tree plans. Critical Root Zone EXAMPLE B CRZ is located out from the trunk a distance of 1.5 feet for every 1-inch DBH because it is farther out than the dripline. Radius of 1.5 feet for every 1-inch DBH, larger than the dripline. Dripline follows the greatest extent of the branches (crown) around the tree. Edge of the dripline, forms a circle, more or less, on the ground, and in this example, does not delineate the Critical Root Zone. Critical Root Zone City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D6 APPLICATION Spread in an even layer 3 to 4 inches deep within the critical root zone (1.5 feet for every 1-inch DBH) and at least 3 feet out for a newly planted tree, whichever is farther. Keep mulch 6 inches from the trunk of a newly planted tree and 12 inches from the trunk of a conserved tree. MAINTENANCE inspect annually for proper depth and reapply if necessary in late winter or early spring DBH = trunk diameter measured at 4.5 feet above the ground Keep 6 inches from the trunk At least 3 feet 4. Tree Mulching Detail - Newly Planted Tree APPROVED MATERIALS pine straw leaves aged wood chips compost pine bark City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D7 APPROVED MATERIALS pine straw leaves aged wood chips compost pine bark Dripline DBH = trunk diameter measured at 4.5 feet above the ground MAINTENANCE inspect annually for proper depth and reapply if necessary in late winter or early spring Critical Root Zone 1.5 feet for every 1-inch DBH Keep mulch 12 inches from the base of the trunk 5. Tree Mulching Detail - Conserved Tree APPLICATION Spread in an even layer 3 to 4 inches deep within the critical root zone (1.5 feet for every 1-inch DBH) and at least 3 feet out for a newly planted tree, whichever is farther; keep mulch 6 inches from the trunk of a newly planted tree and 12 inches from the trunk of a conserved tree. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D8 The tree protection zone includes the critical root zone, tree trunk, and entire tree crown (scaffold limbs, branches and leaves). Tree Protection Zone Ground Line and 24 inches deep in the soil below the ground line. Critical root zone extends out 1.5 feet for every 1-inch DBH, Dripline Dripline 6. Tree Protection Zone Detail City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D9 DRIPLINE The line extending from the outermost branches to the ground, forming a more or less circular area on the ground. Dripline DBH = trunk diameter measured at 4.5 feet above the ground Edge of critical root zone TREE PROTECTION AREA ENTRY PROHIBITED TREE PROTECTION AREA ENTRY PROHIBITED No Construction No Construction Activity, Materials or Activity, Materials or Equipment Storage, Equipment Storage, Equipment Washout, Equipment Washout, or Vehicle Traffic or Vehicle Traffic Allowed Allowed Orange barrier fencing erected on sturdy posts at the dripline or edge of the critical root zone (distance of 1.5 feet for every 1-inch DBH), whichever is larger. Tree protection area signs must be installed every 50 feet around the perimeter of the tree protection fence. 7. Tree Protection Fencing Detail City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D10 8. Tree Protection Area Sign Detail TREE PROTECTION AREA ENTRY PROHIBITED NO Construction Activity, Materials or Equipment Storage, Equipment Washout or Vehicle Traffic Allowed City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D11 9. Tree Planting Detail THE PLANTING HOLE The planting hole should be dug 2 times the width of the root ball, and up to 5 times in compacted soils. Dig the hole no deeper than the depth of the root ball; soil beneath the root ball should remain firm and undisturbed. Sides of the planting hole should be rough and sloped outward. Add no soil amendments. Backfill around the root ball with the same soil that was removed. Do not fertilize until the 2nd growing season, and only if a soil test shows a deficiency. SOIL LEVEL Soil level should be at grade, with no water ring formed around the planting hole. STAKING Do not stake the tree unless it is leafed out at time of planting or is being planted in sandy soils. REMOVE STAKING AFTER 1 YEAR ROOT DEPTH The first order roots should be no more than 2 inches below the soil line. Too much soil on top of the root ball will eventually result in girdling roots and tree decline. Minimum 2X the width of the root ball, and up to 5X in compacted soils. REMOVE BURLAP, STRAPS AND WIRE BASKET Remove all straps, twine, burlap, and wire basket before backfilling with soil. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL January 8, 2018 Page D12 INSTALLATION Install 3 sturdy posts around the tree at the CRZ. Install soft-tie straps horizontally looping around the post and the tree trunk, leaving some slack to allow the tree to bend slightly in all directions. REMOVE STAKING AND STRAPS AFTER 1 YEAR RECOMMENDED MATERIALS Sturdy metal or wood posts, 4 feet tall, and soft-tie straps and loops 10. Tree Staking Detail CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 9, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of An Ordinance of the Mayor and Council of the City of Milton, Georgia, To Adopt Amendments to the Fiscal 2020 Budget for the General Fund of the City of Milton, Georgia Amending the Amounts Shown as Expenditures, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available MEETING DATE: Monday, June 15, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: 267385F9-64E5-439C-AE21-EEDFDEA2AB11 X June 15, 2020 X X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on May 27, 2020 for First Presentation on the June 1, 2020 Regular City Council Meeting and Unfinished Business for the June 15, 2020 Regular City Council Meeting Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal Year 2020 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. _____________________________________________________________________________________ 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 original budget as adopted on September 23, 2019 and reflect the most recent circumstances and recommendations. Requests outlined include revenue anticipation updates, several of which are a result of the current economic impact of COVID-19. Some of the more significant decreases to anticipations for revenue include: local option sales tax, transportation special purpose local option sales tax, alcohol beverage excise tax, hotel motel excise tax, business & occupation tax, investment income, and impact fees. Staff have identified significant decreases to current expenditure budgets in the areas of salary savings as a result of vacancies in various departments and projects that can be deferred until the City has a better understanding of the full impact of the current economic circumstances (please see the attached budget amendment documents for details). The public hearing for this amendment was advertised in the Milton Herald on May 21, 2020 and will include detailed discussion of the amendments outlined in the attached document. 1 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 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 2020 Proposed Budget Amendments 2 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 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 2020 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 June 15, 2020 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2020 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 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 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 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. 3 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 ADOPTED AND APPROVED this 15th day of June, 2020. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood ________________________ Councilmember Carol Cookerly ________________________ Councilmember Joe Longoria ________________________ Councilmember Rick Mohrig _________________________ Councilmember Peyton Jamison _________________________ Councilmember Paul Moore _________________________ Councilmember Laura Bentley (SEAL) Attest: _______________________________ City Clerk 4 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 City of Milton, Georgia Fiscal Year 2020 Summary of Departmental Budget Amendments 5 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 The goal of the fiscal year 2020 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 changes in original revenue estimates for the following revenue sources are driven by an analysis of the activity-to-date and include anticipations resulting from the current economic impact of COVID- 19.A projection was completed using available data indicating the fiscal year 2020 revenue estimates could be adjusted by the amounts indicated in the table beginning on page 8. Some of the more significant changes are explained as follows: 1.The City has recognized increases to its share of the title ad valorem tax distribution throughout FY 2020. At this time, the City still anticipates an overall increase of $275,000 over the original budget for this tax even considering a potential decrease in vehicle sales. 2.The full impact of COVID-19 is yet to be seen. Staff has compared prior year collections for anticipated impacted revenues and projected decreases to the original anticipations for FY 2020 as follows: local option sales tax 14% or $1,353,347, alcohol beverage excise tax 40% or $124,000, business & occupation tax 13% or $100,000, investment income 30% or $90,000, and a drop of approximately $30,000 for activity fees/commissions. 3.Fines & Forfeitures and related court administrative fees have also been impacted and are projected to be lower than originally anticipated with a forecasted decrease of 34% or $130,000 and 30% or $27,600 respectively. Expenditure Amendments: Explanations for each of the amendments to the expenditure accounts are provided within the expenditures by project detail beginning on page 10. 6 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 FY 2020 Current Budget Proposed Amendment Total Amended Budget REVENUES Taxes 27,972,125$ (1,017,252)$ 26,954,873$ Licenses & Permits 614,650 (80,054)534,596 Intergovernmental Revenues - 60 60 Charges for Services 517,420 (79,257)438,163 Fines & Forfeitures 380,000 (130,000)250,000 Investment Income 301,000 (90,000)211,000 Contributions & Donations - 23,503 23,503 Miscellaneous Revenue 108,726 539 109,265 Proceeds from Sale of Assets 10,000 9,001 19,001 subtotal 29,903,921$ (1,363,459)$ 28,540,462$ Interfund Transfers In: Capital Projects Fund 83,093$ -83,093 subtotal 83,093$ -$ 83,093$ TOTAL REVENUES $ 29,987,014 $ (1,363,459) $ 28,623,555 EXPENDITURES Mayor & Council 196,111$ (42,010)$ 154,101$ City Clerk 390,928 (65,000)325,928 City Manager 644,897 -644,897 General Administration 58,673 (1,000)57,673 Finance 646,442 (10,000)636,442 Legal 295,000 40,000 335,000 Information Technology 1,362,876 (73,980)1,288,896 Human Resources 349,281 -349,281 Risk Management 266,706 (5,696)261,010 General Government Buildings 259,502 5,564 265,066 Communications 292,875 (8,000)284,875 Community Outreach & Engagement 164,367 3,500 167,867 Municipal Court 470,202 12,246 482,448 Police 5,629,833 (164,856)5,464,977 Fire 7,722,910 (67,187)7,655,723 Public Works 2,979,237 (230,837)2,748,400 Parks & Recreation (Active)1,518,414 125,686 1,644,100 Passive Parks/Greenspace 137,789 49,467 187,256 Community Development 1,701,891 20,000 1,721,891 Economic Development 179,655 -179,655 Debt Service 1,177,201 (1,177,201)- Contingency 264,448 (159,005)105,443 subtotal 26,709,238$ (1,748,309)$ 24,960,929$ Interfund Transfers Out: Capital Projects Fund 4,894,518$ 82,536 4,977,054$ Revenue Bond Fund - 1,158,509 1,158,509 subtotal 4,894,518$ 1,241,045$ 6,135,563$ TOTAL EXPENDITURES $ 31,603,756 $ (507,264) $ 31,096,492 Total Revenues Over/(Under) Expenditures (1,616,742)$ (856,195)$ (2,472,937)$ Beginning Fund Balance 10,495,407 10,495,407 ENDING FUND BALANCE 8,878,665$ 8,022,469$ General Fund Budget Summary 7 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 Proposed Budget Amendment Fiscal Year 2020 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXES R eal Property Tax - Current Year 11,710,008 150,000 11,860,008 Public Utility Tax 90,000 11,408 101,408 Real Property Tax - Prior Year 20,000 90,000 110,000 Title Ad Valorem Tax 400,000 275,000 675,000 Local Option Sales Tax 9,400,000 (1,353,347) 8,046,653 Alcohol Beverage Excise Tax 310,000 (124,000) 186,000 Business & Occupation Tax 800,000 (100,000) 700,000 Financial Institution Tax 45,000 7,187 52,187 Penalties & Interest-Real Property Tax 10,000 25,000 35,000 Penalties & Interest-Personal Property Tax 700 1,500 2,200 TOTAL: TAXES (1,017,252) LICENSES & PERMITS Alcohol Beverage Licenses 170,000 (15,000) 155,000 Modification 350 700 1,050 Building Permits 350,000 (65,000) 285,000 Penalties & interest-Alcohol Beverage License 2,200 246 2,446 Res/Comm Work Without a Permit Penalty 1,000 (1,000) - TOTAL: LICENSES & PERMITS (80,054) INTERGOVERNMENTAL School Bus Stop Arm Violations - 60 60 TOTAL: INTERGOVERNMENTAL 60 CHARGES FOR SERVICE Finance Administrative Fees 74,000 (14,800) 59,200 Court Administrative Fees 92,000 (27,600) 64,400 Online Payment Convenience Fee 22,000 6,000 28,000 Fingerprinting Fee 20,000 (6,000) 14,000 Background Check Fees 14,000 (7,000) 7,000 Activity Fees/MCC Pool 22,000 (11,000) 11,000 Activity Fees/Kona Ice 800 343 1,143 Activity Fees/Eagle Stix Lacrosse 18,000 (7,500) 10,500 Activity Fees/North Ga Rec 13,000 (8,500) 4,500 Activity Fees/Milton Tennis Center 4,000 (2,000) 2,000 Activity Fees/Wanna Play Baseball 2,500 (1,200) 1,300 TOTAL: CHARGES FOR SERVICE (79,257) Change in revenue recognition 8 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 Proposed Budget Amendment Fiscal Year 2020 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: FINES & FORFEITURES FINES & FORFEITURES 380,000 (130,000) 250,000 TOTAL: FINES & FORFEITURES (130,000) INVESTMENT INCOME Interest Revenue 1,000 - 1,000 Realized Gain/Loss On Investment 300,000 (90,000) 210,000 TOTAL: INVESTMENT INCOME (90,000) CONTRIBUTIONS & DONATIONS Donation Revenue-Milton First Responders Foundation - 1,688 1,688 Donation Revenue-Parks & Recreation - 2,000 2,000 Private Entity Grant/Contributions - 14,815 14,815 Private Entity Grant/Contributions-Police - 5,000 5,000 TOTAL: CONTRIBUTIONS & DONATIONS 23,503 MISCELLANEOUS REVENUE Cell Tower Lease 80,026 - 80,026 Facility Rental/Bethwell Community Center 5,000 - 5,000 Facility Rental/Friendship Park 200 - 200 Facility Rental/Bell Memorial Park 12,000 699 12,699 Facility Rental/Broadwell Pavilion 6,000 (3,000) 3,000 Facility Rental/City Hall/Community Place 2,000 - 2,000 Facility Rental/Tennis Courts 500 - 500 Insurance Proceeds-Public Works - 1,948 1,948 Other Miscellaneous Revenue 3,000 - 3,000 Evidence Room Unclaimed Cash - 892 892 TOTAL: MISCELLANEOUS REVENUE 539 OTHER FINANCING SOURCES Operating Transfers In From Capital Projects Fund 83,093 - 83,093 Sale Of Surplus Equipment 10,000 9,001 19,001 TOTAL: OTHER FINANCING SOURCES 9,001 TOTAL REVENUES $ (1,363,459) Change in revenue recognition 9 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 Proposed Budget Amendment Fiscal Year 2020 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: MAYOR & COUNCIL Professional Fees 35,000 (25,000) 10,000 Reduce the budget for an outside facilitator for the Council/Staff retreat Travel 12,860 (10,010) 2,850 Education & Training 12,650 (7,000) 5,650 TOTAL: MAYOR & COUNCIL (42,010) CITY CLERK Salaries & Wages 155,430 (40,000) 115,430 Reduce the budget to account for savings related to position vacancies Professional Fees 139,936 (25,000) 114,936 Reduce the budget to account for election savings offset by higher than anticipated transcription expenses TOTAL: CITY CLERK (65,000) GENERAL ADMINISTRATION Maintenance Contracts 5,092 (1,000) 4,092 Reduce the budget to account for annual subscription cancelation (Basecamp) TOTAL: GENERAL ADMINISTRATION (1,000) FINANCE Salaries & Wages 358,495 (10,000) 348,495 Reduce the budget to account for savings related to position vacancies TOTAL: FINANCE (10,000) LEGAL Professional Fees 295,000 40,000 335,000 Increase to account for higher than anticipated legal expenses TOTAL: LEGAL 40,000 Reduce the budgets related to the canceled GMA Conference 10 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 Proposed Budget Amendment Fiscal Year 2020 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: INFORMATION SERVICES Salaries & Wages 154,590 (45,000) 109,590 Reduce the budget to account for savings related to position vacancies Communications 93,560 (28,980) 64,580 Transferring the budget for public safety related expenses to the Police D epartment TOTAL: INFORMATION SERVICES (73,980) RISK MANAGEMENT Insurance 266,706 (5,696) 261,010 Reduce the budget to account for lower than anticipated insurance costs TOTAL: RISK MANAGEMENT (5,696) GENERAL GOVERNMENT BUILDINGS Cleaning Services 38,216 5,564 43,780 Increase to account for the higher than anticipated janitorial services expenses o ffset by savings realized through the facilities technician services contract in Public Works TOTAL: GENERAL GOVERNMENT BUILDINGS 5,564 COMMUNICATIONS Salaries & Wages 138,642 (8,000) 130,642 Reduce the budget to account for savings related to position vacancies TOTAL: COMMUNICATIONS (8,000) COMMUNITY OUTREACH & ENGAGEMENT Professional Fees - 3,349 3,349 General Supplies 5,000 151 5,151 TOTAL: COMMUNITY OUTREACH & ENGAGEMENT 3,500 MUNICIPAL COURT Rental Land & Buildings 112,960 12,246 125,206 Transfer from Contingency to account for common area maintenance expenses r elated to the Deerfield lease TOTAL: MUNICIPAL COURT 12,246 Increase the budgets related to State of the City to account for sponsorships 11 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 Proposed Budget Amendment Fiscal Year 2020 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: POLICE Salaries & Wages 2,843,454 (100,000) 2,743,454 Reduce the budget to account for savings related to position vacancies Vehicle Repair & Maintenance 162,536 (82,536) 80,000 Transferring the budget for obtaining vehicles for the two new officers (approved M&O initiative) to the Capital P rojects Fund Communications 84,076 28,980 113,056 Increase to account for public safety related communications expenses originally budgeted in the Information Services Department Maintenance Contracts 471,723 (1,120) 470,603 Transferring 50% of the budget related to Netmotion to the Fire Department to account for department specific expenses Machinery & Equipment 238,207 (10,180) 228,027 Overall reduction to the budget is a result of: an increase to computer hardware ($22,672 from Contingency) to r eplace officers' laptops, an increase of $5,000 to account for a donation from Target for the Red and Blue shopping event, an increase of $1,688 to account for a donation from the Milton First Responder's Foundation for the purchase of Cool Cops equipment, and a decrease of $39,540 as a result of the decision to defer the purchase/installation of stationary license plate recognition (LPR) systems in the City TOTAL: POLICE (164,856) 12 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 Proposed Budget Amendment Fiscal Year 2020 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: FIRE Salaries & Wages 4,519,336 (60,000) 4,459,336 Reduce the budget to account for savings related to position vacancies Maintenance Contracts 164,867 1,120 165,987 Transferring in 50% of the budget related to Netmotion from the Police Department to account for department specific expenses Property 9,000 (8,307) 693 Transferring the portion of the budget related to the purchase of land at Birmingham Park (78.5%) and the PW storage yard (13.8%) from Fulton County to those departments TOTAL: FIRE (67,187) PUBLIC WORKS Professional Fees 479,000 (232,079) 246,921 Reduce the budget to account for the following: $11,802 to be transferred to Passive Parks/Greenspace for survey work related to the purchase of Birmingham Park land from Fulton County, release $43,277 in savings from the NPDES permit compliance project, release $27,000 in overall savings from the facilities technician services contract ($6,163 of this amount will offset higher than anticipated janitorial services expenses in Gen Govt Bldgs and P&R) and transfer $150,000 to Community Development to account for the construction and land inspection services in that department Property - 1,242 1,242 Transferring in the portion of the budget related to the purchase of land at the PW yard (13.8%) from the original budget in the Fire Department TOTAL: PUBLIC WORKS (230,837) 13 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 Proposed Budget Amendment Fiscal Year 2020 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: PARKS & RECREATION (ACTIVE) C leaning Services 30,774 599 31,373 Increase to account for the higher than anticipated janitorial services expenses o ffset by savings realized through the facilities technician services contract in Public Works Grounds Repair & Maintenance 81,879 1,000 82,879 Increase to account for a donation from Milton Boys Feeder LAX for improvements to the Cox Road facility Maintenance Contracts 233,639 91,587 325,226 Transfer in from Contingency to account for higher than anticipated expenses related to the IGA with the City of Alpharetta Other Purchased Services 4,620 32,500 37,120 Transfer in from Contingency to account for additional expenses related to the need for portable bathrooms at the Former Milton Country Club TOTAL: PARKS & RECREATION (ACTIVE)125,686 PASSIVE PARKS/GREENSPACE Professional Fees 575 11,802 12,377 Transferring in from Public Works to account for survey work related to the purchase of Birmingham Park land from Fulton County Grounds Repair & Maintenance 31,293 30,600 61,893 Increase to account for authorized vegetation control along the trails at Birmingham Park Property - 7,065 7,065 Transferring in the portion of the budget related to the purchase of land at Birmingham Park (78.5%) from the original budget in the Fire Department TOTAL: PASSIVE PARKS/GREENSPACE 49,467 14 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 Proposed Budget Amendment Fiscal Year 2020 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: COMMUNITY DEVELOPMENT Salaries & Wages 947,296 (50,000) 897,296 Reduce the budget to account for savings related to position vacancies Professional Fees 354,455 70,000 424,455 The overall increase is the result of: the transfer of $150,000 from Public Works for construction and land inspection services which has been offset by the reduction of $80,000 resulting from the deferral of the project to review the form based codes for the Crabapple and Deerfield areas ($50,000) as well as the deferral of the review of the Solid Waste Plan ($30,000) TOTAL: COMMUNITY DEVELOPMENT 20,000 DEBT SERVICE Bond Principal 643,000 (643,000) - Bond Interest 534,201 (534,201) - TOTAL: DEBT SERVICE (1,177,201) CONTINGENCY Contingency 264,448 (159,005) 105,443 Transfer the budget to the corresponding departments to account for the following unanticipated expenses: $12,246 in common area maintenance expenses related to the Deerfield lease, $22,672 to replace officers' laptops, $91,587 for higher than anticipated expenses related to the IGA with the City of Alpharetta, and $32,500 to account for higher than anticipated expenses related to the need for portable bathrooms at the Former Milton Country Club TOTAL: CONTINGENCY (159,005) Transferring the budgets for debt service related to revenue bond issuances to the Revenue Bond Fund ($1,159,816) The remaining $17,385 from original debt estimates for issuance made in October to be released to offset other expenses 15 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 Proposed Budget Amendment Fiscal Year 2020 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: OTHER FINANCING USES Operating Transfer Out to Capital Projects Fund 4,894,518 82,536 4,977,054 Transferring the budget for obtaining vehicles for the two new officers (approved M&O initiative) to the Capital Projects Fund Operating Transfer Out to Revenue Bond Fund - 1,158,509 1,158,509 Transferring the budgets for debt service related to revenue bond issuances to the Revenue Bond Fund TOTAL: OTHER FINANCING USES 1,241,045 TOTAL EXPENDITURES $ (507,264) Total Revenues Over/(Under) Expenditures (856,195)$ 16 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 FY 2020 Current Budget Requested Amendment Total Amended Budget Revenues 97,000$ (40,400)$ 56,600$ Expenditures 120,688$ -$ 120,688$ Total Revenues Over/(Under) Expenditures (23,688)$ (40,400)$ (64,088)$ Beginning Fund Balance 71,176$ 71,176$ ENDING FUND BALANCE 47,488$ 7,088$ FY 2020 Current Budget Requested Amendment Total Amended Budget Revenues 80,000$ (35,000)$ 45,000$ Expenditures 80,000$ (35,000)$ 45,000$ Total Revenues Over/(Under) Expenditures -$ -$ -$ Beginning Fund Balance -$ -$ ENDING FUND BALANCE -$ -$ FY 2020 Current Budget Requested Amendment Total Amended Budget Revenues 980,000$ 80,000$ 1,060,000$ Expenditures 980,000$ 80,000$ 1,060,000$ Total Revenues Over/(Under) Expenditures -$ -$ -$ Beginning Fund Balance -$ -$ ENDING FUND BALANCE -$ -$ Special Revenue Funds Budget Summaries SPECIAL EVENTS FUND E-911 FUND HOTEL/MOTEL TAX FUND 17 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 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. A decrease in tax revenues anticipated as a result of COVID- 19 in the Hotel/Motel Tax Fund also results in a request to decrease the interfund transfer line items between the two funds of $35,000. Revenue anticipation updates to the vendor fees and sponsorships for Crabapple Fest and contributions received from the Gas South Partnership have also been requested. Proposed Budget Amendments Fiscal Year 2020 SPECIAL EVENTS FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: CHARGES FOR SERVICE Crabapple Fest Vendor Fee - 1,100 1,100 TOTAL: CHARGES FOR SERVICE 1,100 CONTRIBUTIONS & DONATIONS Crabapple Fest Sponsor 15,000 (7,500) 7,500 Private Entity Contributions/Gas South Partnership - 1,000 1,000 TOTAL: CONTRIBUTIONS & DONATIONS (6,500) OTHER FINANCING SOURCES Operating Transfers In From Hotel/Motel Tax Fund 80,000 (35,000) 45,000 TOTAL: OTHER FINANCING SOURCES (35,000) TOTAL REVENUES $ (40,400) Total Revenues Over/(Under) Expenditures (40,400)$ Change in revenue recognition 18 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 Proposed Budget Amendments Fiscal Year 2020 HOTEL/MOTEL TAX FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXES HOTEL/MOTEL EXCISE TAX 80,000 (35,000) 45,000 TOTAL: INTERGOVERNMENTAL (35,000) TOTAL REVENUES $ (35,000) EXPENDITURES: OPERATING TRANSFERS OUT TO SPECIAL EVENTS FUND 80,000 (35,000) 45,000 Decrease to account for reduction in anticipated revenues in FY 2020 that will be available for transfer to the Special Events Fund TOTAL EXPENDITURES $ (35,000) Total Revenues Over/(Under) Expenditures -$ Change in revenue recognition 19 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 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 2020 revenue and corresponding expenditure anticipations are anticipated to increase by $80,000. Proposed Budget Amendments Fiscal Year 2020 E-911 FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: CHARGES FOR SERVICES Public Safety/E-911 Charges 980,000 80,000 1,060,000 Change in revenue recognition TOTAL: CHARGES FOR SERVICES 80,000 TOTAL REVENUES $ 80,000 EXPENDITURES BY DEPARTMENT: Police 980,000 80,000 1,060,000 Increase to account for the additional revenues anticipated for FY 2020 100% of the E-911 revenues received are sent to the City of Alpharetta to cover Milton's share of the E-911 center as outlined in the current IGA between the cities TOTAL: POLICE 80,000 TOTAL EXPENDITURES $ 80,000 Total Revenues Over/(Under) Expenditures -$ 20 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 FY 2020 Current Budget Requested Amendment Total Amended Budget Revenues 5,052,518$ 480,609$ 5,533,127$ Expenditures 13,532,111$ 529,950$ 14,062,061$ Total Revenues Over/(Under) Expenditures (8,479,593)$ (49,340)$ (8,528,934)$ Beginning Fund Balance 8,532,749$ 8,532,749$ ENDING FUND BALANCE 53,155$ 3,815$ FY 2020 Current Budget Requested Amendment Total Amended Budget Revenues 1,927,095$ (57,980)$ 1,869,115$ Expenditures 9,351,206$ (34,085)$ 9,317,120$ Total Revenues Over/(Under) Expenditures (7,424,111)$ (23,895)$ (7,448,005)$ Beginning Fund Balance 7,536,608$ 7,536,608$ ENDING FUND BALANCE 112,497$ 88,602$ FY 2020 Current Budget Requested Amendment Total Amended Budget Revenues 6,500,000$ (807,453)$ 5,692,547$ Expenditures 17,181,402$ -$ 17,181,402$ Total Revenues Over/(Under) Expenditures (10,681,402)$ (807,453)$ (11,488,855)$ Beginning Fund Balance 13,950,834$ 13,950,834$ ENDING FUND BALANCE 3,269,433$ 2,461,980$ Capital Projects Funds Budget Summaries CAPITAL PROJECTS FUND GREENSPACE BOND FUND TSPLOST FUND 21 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 FY 2020 Current Budget Requested Amendment Total Amended Budget Revenues 1,269,359$ 24,054$ 1,293,413$ Expenditures 2,119,725$ 24,147$ 2,143,872$ Total Revenues Over/(Under) Expenditures (850,366)$ (93)$ (850,459)$ Beginning Fund Balance 850,459$ 850,459$ ENDING FUND BALANCE 93$ 0$ FY 2020 Current Budget Requested Amendment Total Amended Budget Revenues 875,500$ (125,000)$ 750,500$ Expenditures 3,782,040$ (27,347)$ 3,754,694$ Total Revenues Over/(Under) Expenditures (2,906,540)$ (97,653)$ (3,004,194)$ Beginning Fund Balance 3,004,194$ 3,004,194$ ENDING FUND BALANCE 97,654$ 0$ FY 2020 Current Budget Requested Amendment Total Amended Budget Revenues 19,106,563$ 9,715,947$ 28,822,510$ Expenditures 17,559,910$ 9,543,039$ 27,102,950$ Total Revenues Over/(Under) Expenditures 1,546,653$ 172,908$ 1,719,560$ Beginning Fund Balance (1,546,653)$ (1,546,653)$ ENDING FUND BALANCE -$ 172,908$ REVENUE BOND FUND Capital Projects Funds Budget Summaries CAPITAL GRANT FUND IMPACT FEES FUND 22 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 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 2020 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: CHARGES FOR SERVICE Landfill Use Fees 48,000 (6,000) 42,000 TOTAL: CHARGES FOR SERVICE (6,000) OTHER FINANCING SOURCES Operating Transfers In From General Fund 4,894,518 82,536 4,977,054 Operating Transfers In From Capital Grant Funding - 169,938 169,938 Operating Transfers In From Impact Fee Fund/Roads - 234,135 234,135 TOTAL: OTHER FINANCING SOURCES 486,609 TOTAL REVENUES 480,609 EXPENDITURES BY PROJECT: Vehicles/Replacement Reserve (PD)226,857 82,536 309,393 Transferring the budget for obtaining vehicles for the two new officers (approved M&O initiative) from the General Fund CAPITAL PROJECTS FUND Change in Revenue Recognition 23 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 Proposed Budget Amendments Fiscal Year 2020 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY PROJECT: Pavement Management 2,244,469 563,032 2,807,502 Amend budget to account for actual revenue received for Infrastructure Maintenance Fees and Landfill Use Fees over budget from FY 2019 $32,247 and projected decrease in revenue expectations for FY 2020 $(6,000); Increase project budget to address the five-year plan to retain a pavement condition index (PCI) of 70 (covered by a transfer in from the Capital Grant Fund $169,938, the recovery of impact fee eligible funds from the Freemanville @ Providence Road intersection improvement project $234,135 and a transfer from contingency of $132,712) Fuel Management System 2,580 4,340 6,920 Transfer from contingency to account for upgrades to the fuel management system for recording fuel delivery and usage Infrastructure/Bell Memorial Park 39,279 17,000 56,279 Increase to account for donations towards the lacrosse wall at Bell Memorial Park Site Improvements/Tree Recompense 109,230 93 109,323 Increase to account for additional revenues received over budget in FY 2019 $93 Contingency 147,450 (137,052) 10,398 Decreased to cover requests that are not covered by interdepartmental transfers ($4,340 to the Fuel Management System account and $132,712 to the Pavement Management account) TOTAL EXPENDITURES 529,950 Total Revenues Over/(Under) Expenditures (49,340)$ CAPITAL PROJECTS FUND 24 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 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 2020 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXES Real Property - Current Year 1,683,096 14,000 1,697,096 Real Property - Prior Year - 13,100 13,100 Penalties & Interest On Delinquent Taxes - 2,570 2,570 TOTAL: TAXES 29,670 INVESTMENT INCOME Interest (Regions) 200,000 (125,000) 75,000 TOTAL: INVESTMENT INCOME (125,000) MISCELLANEOUS REVENUE Other Miscellaneous Revenue - 37,350 37,350 TOTAL: MISCELLANEOUS REVENUE 37,350 TOTAL REVENUES $ (57,980) GREENSPACE BOND FUND Change in revenue recognition 25 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 Proposed Budget Amendments Fiscal Year 2020 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY PROJECT: Land Conservation 7,637,331 (34,085) 7,603,245 TOTAL EXPENDITURES $ (34,085) Total Revenues Over/(Under) Expenditures (23,895)$ GREENSPACE BOND FUND The overall decrease to the project budget is a result of: recognizing a ctual investment revenue received over budget in FY 2019 $53,565 and a broker rebate on the Freemanville Road property purchase $37,350 offset by anticipated changes in revenue expectectation for investment incvome in FY 2020 $(125,000) 26 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 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 2020 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXES Transportation Sepcial Purpose Local option Sales Tax 6,300,000 (757,453) 5,542,547 TOTAL: INVESTMENT INCOME (757,453) INVESTMENT INCOME Interest 200,000 (50,000) 150,000 TOTAL: INVESTMENT INCOME (50,000) TOTAL REVENUES $ (807,453) Total Revenues Over/(Under) Expenditures (807,453)$ TSPLOST FUND Change in revenue recognition 27 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 CAPITAL GRANT FUND The Capital Grant Fund is considered to be a capital project fund that accounts for capital grants used to finance major capital projects. City staff have identified new opportunities across multiple grant programs and the corresponding amendments account for the grant funding and expenses as well as the City’s required matches. Proposed Budget Amendments Fiscal Year 2020 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: INTERGOVERNMENTAL State Gov Grant/LMIG Funds 405,528 39,245 444,773 Federal Gov Grant/Smart Communities Challenge 65,191 (15,191) 50,000 TOTAL: INTERGOVERNMENTAL 24,054 TOTAL REVENUES $ 24,054 EXPENDITURES BY PROJECT: Pavement Management 405,528 39,245 444,773 Increase budget to account for actual revenue received over budget in FY 2020 Infrastructure/SR372 (Crabapple @ Birmingham)169,938 (169,938) - Project is complete - release contingency funds to transfer to p avement management in the Capital Projects Fund Park & Trail Expansion 235,993 27,593 263,586 Increase to account for costs related to grade requirements set out in the grant for the trail at Providence Park CAPITAL GRANT FUND Change in revenue recognition/carryover of grant r evenue expectations for ongoing projects 28 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 Proposed Budget Amendments Fiscal Year 2020 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY PROJECT: Professional Fees/Smart Communities Challenge 104,793 (42,691) 62,102 Decrease to account for the in- kind City match which can be addressed through the use of salaries budgeted in the General Fund Operating Transfer Out to Capital Projects Fund - 169,938 169,938 Increase to account for transfer of funds from the completed intersection improvement project SR372 (Crabapple @ Birmingham) to the Pavement Management account in the Capital Projects Fund TOTAL EXPENDITURES $ 24,147 Total Revenues Over/(Under) Expenditures (93)$ CAPITAL GRANT FUND 29 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 IMPACT FEE FUND The Impact Fee Fund accounts for revenues and expenditures related to the City’s impact fee program as approved in October 2015. Impact fees across all categories are coming in lower than anticipated and a reduction in the revenue lines and related expenditure lines for each project is being requested. Additionally, a transfer out to the Capital Projects Fund of impact fees to cover eligible expenses for the intersection improvement project at Freemanville @ Providence is being requested. Proposed Budget Amendments Fiscal Year 2020 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: CHARGES FOR SERVICES Impact Fees/Admin Fund 30,000 (8,000) 22,000 Impact Fees/Law Enforcement Fund 13,000 (3,000) 10,000 Impact Fees/Fire Fund 72,500 (17,000) 55,500 Impact Fees/Road Fund 110,000 (41,000) 69,000 Impact Fees/Park Fund 650,000 (56,000) 594,000 TOTAL: CHARGES FOR SERVICES (125,000) TOTAL REVENUES $ (125,000) IMPACT FEES FUND Change in revenue recognition 30 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 Proposed Budget Amendments Fiscal Year 2020 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY PROJECT: SR9 Court/Fire/Police Complex 73,437 (3,424) 70,012 Site Improvements/Station 42 Replacement 319,372 (10,240) 309,132 Trails/Park & Trail Expansion 3,063,327 22,756 3,086,084 Professional Fees 59,195 (3,865) 55,330 Infrastructure/Freemanville @ Providence 152,967 (152,967) - Infrastructure/Bethany @ Providence 113,742 (113,742) - Operating Transfer Out to Capital Projects/Road - 234,135 234,135 TOTAL EXPENDITURES $ (27,347) Total Revenues Over/(Under) Expenditures (97,653)$ IMPACT FEES FUND Adjustments to account for FY 2019 actuals over budget and updated projections for FY 2020 Transferring the budget for impact fee eligible expenses on the Freemanville @ Providence intersection improvement project that were booked in the Capital Projects Fund 31 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 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 proceeds collected in FY 2020 and corresponding debt service expenses including the refunding of the 2014 bond series into the newly issued 2019 bond series. Proposed Budget Amendments Fiscal Year 2020 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: INVESTMENT INCOME Interest - 170,338 170,338 TOTAL: INVESTMENT INCOME 170,338 OTHER FINANCING SOURCES Operating Transfers In From General Fund - 1,158,509 1,158,509 Revenue Bond Proceeds 19,106,563 8,387,100 27,493,663 TOTAL: OTHER FINANCING SOURCES 9,545,609 TOTAL REVENUES $ 9,715,947 EXPENDITURES BY PROJECT: Bond Principal - 8,511,627 8,511,627 Bond Interest - 528,509 528,509 Fiscal Agent's Fees - 114,971 114,971 Issuance Costs - 387,932 387,932 TOTAL EXPENDITURES $ 9,543,039 Total Revenues Over/(Under) Expenditures 172,908$ REVENUE BOND FUND Change in revenue recognition Adjustments to account for allocation of bond proceeds and transferring the debt service on the C ity's revenue bonds to the Revenue Bond Fund 32 of 32 DocuSign Envelope ID: 7C58B9DB-D75F-4D5C-94E9-3131F35EB9C2 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 2020 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 June 15, 2020 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2020 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 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 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 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 15th day of June, 2020. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ ________________________ Councilmember Peyton Jamison Councilmember Carol Cookerly _________________________ ________________________ Councilmember Paul Moore Councilmember Joe Longoria _________________________ ________________________ Councilmember Laura Bentley Councilmember Rick Mohrig (SEAL) Attest: _______________________________ City Clerk