HomeMy WebLinkAboutAgenda Packet - CC - 07/20/2020 (2)2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US
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Telephone: US: +1 301.715.8592
Webinar ID: 934 0398 1521
Joe Lockwood, Mayor
CITY COUNCIL
Peyton Jamison
Paul Moore
Laura Bentley
Carol Cookerly
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall
Monday, July 20, 2020 Regular Council Meeting Agenda 6:00 PM
ZOOM Webinar Info:
Go To: https://zoom.us/j/98929772427
Telephone: US: +1 301.715.8592
Webinar ID: 989 2977 2427
INVOCATION – Sarah LaDart
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood)
4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)(Agenda Item No. 20-187)
5) PUBLIC COMMENT (General)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 20, 2020
Page 2 of 5
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678.242.2500.
6) CONSENT AGENDA
1.Approval of the June 1, 2020 Regular City Council Meeting
Minutes.
(Agenda Item No. 20-188)
(Sudie Gordon, City Clerk)
2.Approval of the June 8, 2020 Special Called City Council Meeting
Minutes.
(Agenda Item No. 20-189)
(Sudie Gordon, City Clerk)
3.Approval of a Contract between the City of Milton and Croft and
Associates, PC for Architectural Design Services for Fire Station 42.(Agenda Item No. 20-190)
(Robert Edgar, Fire Chief)
4.Approval of a Professional Services Agreement between the City of Milton
and Ross + Associates to Amend the Impact Fee Ordinance and
Complete the Capital Improvements Element (CIE) 2020 Annual Update.
(Agenda Item No. 20-191)
(Parag Agrawal, Community Development Director)
5.Approval of a Retirement Agreement for Jim Cregge.
(Agenda Item No. 20-192)
(Ken Jarrard, City Attorney)
6.Approval of a Construction Services Agreement between the City of Milton
and Complete Demolition Services, LLC at the Former Milton Country Club
–Active Area.
(Agenda Item No. 20-193)
(Parag Agrawal, Community Development Director)
7.Approval of an Easement Agreement for Drainage Areas on 14875
Thompson Road.
(Agenda Item No. 20-194)
(Robert Drewry, Public Works Director)
8.Approval of a Task Order between the City of Milton and BM&K, PC for
Cogburn Road Sidewalk Construction Inspection.
(Agenda Item No. 20-195)
(Robert Drewry, Public Works Director)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 20, 2020
Page 3 of 5
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9.Approval of a Professional Services Agreement between the City of Milton
and Leadergov to Provide Comprehensive Management and Leadership
Training for all Staff.
(Agenda Item No. 20-196)
(Sam Trager, Human Resources Director)
10.Approval of a Professional Services Agreement between the City of Milton
and Voya Retirement Insurance and Annuity Company to Provide
Investment Services and Administration Related to the City’s 401 and 457
Plans.
(Agenda Item No. 20-197)
(Sam Trager, Human Resources Director)
7) REPORTS AND PRESENTATIONS
1.Oath of Office by Mayor Lockwood to new Firefighters Timothy Brown and
Mary Glasgow.
(Presented by Mayor Joe Lockwood)
2.Discussion of Architectural Design for Fire Station 42.
(Robert Edgar, Fire Chief)
3.Discussion of Concept for Freemanville Road at Birmingham Road
Intersection Improvement.
(Robert Drewry, Public Works Director)
8) FIRST PRESENTATION
1.Consideration of U20-01/VC20-01 located at 12900 Arnold Mill Road by Ebenezer
United Methodist Church to request a Use Permit (Sec. 64-1804) to construct a
23,000 sq.ft. activity center on the existing church property (5,088 sq.ft.) for a total
of 28,088 sq.ft. on 6.61 acres. To request a two-part concurrent variance to 1) to
allow parking in front of a building (Sec. 64-1143(g)(5)(c)); and 2) to reduce the
required parking (Sec. 64-1410).
(Agenda Item No. 20-198)
(Parag Agrawal, Community Development Director)
2.Consideration of ZM20-03 located at 13210 Bethany Road zoned R-2 (Single
Family Residential) by Big Sky Stables LLC, Chris Hively requesting to modify
condition 2 of RZ72-222 to reduce the front building setback from 150 feet to 100
feet from Bethany Road to conform to existing setbacks in this particular area of
Bethany Road.
(Agenda Item No. 20-199)
(Parag Agrawal, Community Development Director)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 20, 2020
Page 4 of 5
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678.242.2500.
9) PUBLIC HEARING
ALCOHOL BEVERAGE LICENSE APPLICATION
1. Consideration of the Issuance of an Alcohol Beverage License to Rougaroux, Inc.,
dba Cans Taqueria, 12635 Crabapple Road, Suite 320, Milton, Ga. 30004. (Agenda Item No. 20-200) (Bernadette Harvill, Finance Director)
10) ZONING AGENDA (None)
11) UNFINISHED BUSINESS
1. Consideration of an Ordinance to Amend the Milton Tree Canopy
Conservation Ordinance to Provide a Time Extension on the Ability to Use
the Density-Based Tree Conservation Ordinance or the Canopy-Based
Tree Conservation Ordinance in the City Code.
(Agenda Item No. 20-183)
(First Presentation at July 6, 2020 Regular City Council Meeting)
(Parag Agrawal, Community Development Director)
2. Consideration to Adopt the Revised Milton Tree Canopy Conservation
Ordinance and Tree Conservation Manual. Staff is Recommending this
Item to be Deferred until August 3, 2020. (Agenda Item No. 20-157)
(First Presentation at June 1, 2020 Regular City Council Meeting)
(Parag Agrawal, Community Development Director)
3. Consideration of an Ordinance to Amend Chapter 4 – Section 85. – Farm
Wineries, of the Alcoholic Beverages of the Code of the City of Milton,
Georgia. (Agenda Item No. 20-182)
(First Presentation at July 6, 2020 Regular City Council Meeting)
(Sarah LaDart, Economic Development Manager)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 20, 2020
Page 5 of 5
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12) NEW BUSINESS
1.Consideration of An Amended Emergency Ordinance of the Mayor and
Council of the City of Milton, Georgia under Section 3.18 of the Charter of
the City of Milton, Georgia Under Section 3.18 of the Charter of the City of
Milton, Georgia to Provide for the Operation of the City of Milton, Georgia
During the Public Emergency Known as the Novel Coronavirus Disease
2019 Global Pandemic; to Become Effective Upon Adoption by the
Council; to Supersede the Existing Emergency Ordinance; to Adopt the
City’s Reopening Plan; and for Other Purposes.
(Agenda Item No. 20-201)
(Ken Jarrard, City Attorney)
13) MAYOR AND COUNCIL REPORTS
STAFF REPORTS
Department Updates
1.Community Development
2.Finance
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT(Agenda Item No. 20-202)
Consent Agenda item:
Approval of a Contract between the City of Milton and Croft and
Associates, PC for Architectural Design Services for Fire Station 42.
(Agenda Item No. 20-190) (Robert Edgar, Fire Chief)
Attached separately – please see document attached on Calendar under
City Council Meeting – 7/20/2020.
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 15, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Professional Services Agreement between the
City of Milton and Ross + Associates to Amend the Impact
Fee Ordinance and Complete the Capital Improvements
Element (CIE) 2020 Annual Update
MEETING DATE: Monday, July 20, 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
July 20, 2020
X
X
X
To: Honorable Mayor and City Council Members
From: Parag Agrawal, Community Development Director
Date: Submitted June 30, 2020 for the July 20, 2020 Regular City Council
Meeting
Agenda Item: Approval of a Professional Services agreement between the City of
Milton and Ross + associates to Amend the Impact Fee Ordinance
and Complete the Capital Improvements Element (CIE) 2020
Annual Update
_____________________________________________________________________________________
Department Recommendation: Approval.
Executive Summary:
The City of Milton adopted its first Impact Fee ordinance and Fee Schedule almost five
(5) years ago in October of 2015. Since then, several capital projects from the original
project list have been completed; such as the public safety buildings and other road and
bridge projects. Also, several Plan documents that the Impact Fee study was based on
have been updated; such as the Parks and Recreation Master plan, and Trails.
Staff recommends that the City of Milton enter into a professional services agreement
with the firm of Ross + associates for the purpose of amending the Impact Fee Ordinance
and complete the Capital Improvement Element (CIE). This initiative will include the
revised assessment of the following four (4) public facility categories included in the City’s
impact fee program:
1. Parks and Recreation
2. Fire
3. Law Enforcement
4. Roads and Bridges
This project will result in an updated Impact Fee Ordinance and Fee Schedule and
Capital Improvement Element (CIE).
Finally, implementation assistance will be provided so that collections will fit seamlessly
into the City’s administrative and accounting procedures.
Procurement Summary:
Purchasing method used: Professional Services
Account Number: 350-7410-521200000
Requisition Total: $ $44,450.00.
Vendor DBA:
Other quotes or bids submitted (vendor/$): N/A
Financial Review: Bernadette Harvill, July 14, 2020
Legal Review: Sam VanVolkenburgh, Jarrard & Davis, July 14, 2020
Concurrent Review: Steve Krokoff, City Manager
Attachment: Contract
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this_____ day of _____________, 20___
(the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal
corporation of the State of Georgia, acting by and through its governing authority, the Mayor and
City Council (hereinafter referred to as the “City”), and William F. Ross (d/b/a Ross+associates) ,
a Georgia Sole Proprietorship, (herein after referred to as the "Consultant"), collectively referred
to herein as the "Parties."
WITNESSETH:
WHEREAS, City desires to retain Consultant to provide certain services in the completion
of a Project (defined below); and
WHEREAS, City finds that specialized knowledge, skills, and training are necessary to
perform the Work (defined below) contemplated under this Agreement; and
WHEREAS, Consultant has represented that it is qualified by training and experience to
perform the Work; and
WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under
the terms and conditions provided in this Agreement; and
WHEREAS, the public interest will be served by this Agreement; and
WHEREAS, Consultant has familiarized itself with the nature and extent of the
Agreement, the Project, and the Work, and with all local conditions and federal, state and local
laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance
of Work.
NOW, THEREFORE, for and in consideration of the mutual promises, the public
purposes, and the acknowledgements and agreements contained herein, and other good and
adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually
agree as follows:
I. SCOPE OF SERVICES AND TERMINATION DATE
A. Agreement. The Agreement shall consist of this Professional Services Agreement
and each of the Exhibits hereto, which are incorporated herein by reference, including:
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Exhibit “A” – RESERVED
Exhibit “B” – Consultant Proposal
Exhibit “C” – Scope of Work
Exhibit “D” – Contractor Affidavit
Exhibit “E” – Subcontractor Affidavit
Exhibit “F” – Key Personnel
B. Project Description. The “Project” at issue in this Agreement is generally
described as: provide professional services required to complete an updated impact fee program
and fee schedule for the City meeting all legal and administrative requirements. This will result
in an amended Impact Fee Ordinance as well as a Capital Improvements Element (CIE) which will
conform to the Georgia Department of Community Affairs (DCA) requirements for inclusion in
the City’s Comprehensive Plan..
C. The Work. The Work to be completed under this Agreement (the “Work”)
includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit
“C”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit
“C”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat,
utilities, transportation, facilities, services and any other miscellaneous items and work necessary
to complete the Work. Some details necessary for proper execution and completion of the Work
may not be specifically described in the Scope of Work, but they are a requirement of the Work if
they are a usual and customary component of the contemplated services or are otherwise necessary
for proper completion of the Work.
D. Schedule, Completion Date, and Term of Agreement. Consultant understands
that time is of the essence of this Agreement and warrants and represents that it will perform the
Work in a prompt and timely manner, which shall not impose delays on the progress of the Work.
The term of this Agreement (“Term”) shall commence as of the Effective Date, the Agreement
shall terminate upon completion of and payment for all Work (provided that certain obligations
will survive termination/expiration of this Agreement). Tasks 1 – 4 shall be completed on or before
December 31, 2020 (provided that this deadline shall be reasonably extended due to delay caused
by the City). Task 5 is expected to last one calendar year, and shall be performed for one year
following completion of Task 4. If the Term of this Agreement is longer than one year, the Parties
agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and
without further obligation on the part of City on September 30 each fiscal year of the Term, and
further, that this Agreement shall automatically renew on October 1 of each subsequent fiscal year
until conclusion of the Term, absent City’s provision of written notice of non-renewal to
Consultant at least five (5) days prior to the end of the then current fiscal year. Title to any supplies,
materials, equipment, or other personal property shall remain in Consultant until fully paid for by
City.
II. WORK CHANGES
A. Change Order Defined. A “Change Order” means a written modification of the
Agreement, signed by representatives of City and Consultant with appropriate authorization.
3
B. Right to Order Changes. City reserves the right to order changes in the Work to
be performed under this Agreement by altering, adding to, or deducting from the Work. All such
changes shall be incorporated in written Change Orders and executed by Consultant and City.
Such Change Orders shall specify the changes ordered and any necessary adjustment of
compensation and completion time. If the Parties cannot reach an agreement on the terms for
performing the changed work within a reasonable time to avoid delay or other unfavorable impacts
as determined by City in its sole discretion, City shall have the right to determine reasonable terms,
and Consultant shall proceed with the changed work.
C. Change Order Requirement. Any work added to the scope of this Agreement by
a Change Order shall be executed under all the applicable conditions of this Agreement. No claim
for additional compensation or extension of time shall be recognized, unless contained in a written
Change Order duly executed on behalf of City and Consultant.
D. Authority to Execute Change Order. The City Manager has authority to execute,
without further action of the Mayor or City Council, any number of Change Orders so long as their
total effect does not materially alter the terms of this Agreement or materially increase the
Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially
altering the terms of this Agreement, or any Change Order affecting the price where the Maximum
Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor
and City Council. Amendments shall not result in a variance in price exceeding ten percent of the
original contract amount.
III. COMPENSATION AND METHOD OF PAYMENT
A. Payment Terms. City agrees to pay Consultant for the Work performed and costs
incurred by Consultant upon certification by City that the Work was actually performed and costs
actually incurred in accordance with the Agreement. Compensation for Work performed and, if
applicable, reimbursement for costs incurred shall be paid to Consultant upon City’s receipt and
approval of invoices, setting forth in detail the services performed and costs incurred, along with
all supporting documents requested by City to process the invoice. Invoices shall be submitted on
a monthly basis or as each phase is completed. Any material deviations in tests or inspections
performed, or times or locations required to complete such tests or inspections, and like deviations
from the Work described in this Agreement shall be clearly communicated to City before charges
are incurred and shall be handled through Change Orders as described in Section II above. City
shall pay Consultant within thirty (30) days after approval of the invoice by City staff.
B. Maximum Contract Price. The total amount paid under this Agreement as
compensation for Work performed and reimbursement for costs incurred shall not, in any case,
exceed $44,450.00 (the “Maximum Contract Price”), except as outlined in Section II(C) above,
and Consultant represents that this amount is sufficient to perform all of the Work set forth in and
contemplated by this Agreement. The compensation for Work performed shall be based upon an
hourly rate of _$180.00__ up to the Maximum Contract Price.
C. Reimbursement for Costs. The Maximum Contract Price set forth in Section
III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the
4
Project, and reimbursement for costs incurred shall be limited as follows:
x There shall be no reimbursement for costs.
□ Long distance telephone and telecommunications, facsimile transmission, normal
postage and express mail, and photocopying charges and time shall be billed at cost.
Supplies and outside services, transportation, lodging, meals and authorized subcontracts
shall be billed at cost plus no more than a 10% administrative burden. Automobile mileage
shall be no more than the current deductible rate set by the Internal Revenue Service. In
no event shall the total reimbursement for costs incurred during a particular month exceed
____n/a__________ percent of the total amount due for Work for that particular month.
IV. COVENANTS OF CONSULTANT
A. Expertise of Consultant; Licenses, Certification and Permits. Consultant
accepts the relationship of trust and confidence established between it and City, recognizing that
City’s intention and purpose in entering into this Agreement is to engage an entity with the
requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit
of the timely and competent completion of the Work undertaken by Consultant under this
Agreement. Consultant shall employ only persons duly qualified in the appropriate area of
expertise to perform the Work described in this Agreement.
Consultant covenants and declares that it has obtained all diplomas, certificates, licenses,
permits or the like required of Consultant by any and all national, state, regional, county, or local
boards, agencies, commissions, committees or other regulatory bodies in order to perform the
Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work
in accordance with the standard of care and quality ordinarily expected of competent professionals
and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders
applicable to the Project, including, but not limited to, any applicable records retention
requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional
work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting
the applicable standard of care or quality will be provided by Consultant at no additional cost t o
City. This provision shall survive termination of this Agreement.
B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary
limitations are not a justification for breach of sound principals of Consultant’s profession and
industry. Consultant shall take no calculated risk in the performance of the Work. Specifically,
Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations
established without disregarding sound principles of Consultant’s profession and industry,
Consultant will give written notice immediately to City.
C. City’s Reliance on the Work. Consultant acknowledges and agrees that City does
not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City
bears no responsibility for Consultant’s Work performed under this Agreement. Consultant
acknowledges and agrees that the acceptance of Work by City is limited to the function of
determining whether there has been compliance with what is required to be produced under this
Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness
5
of Consultant’s performance. Consultant further agrees that no approval of designs, plans,
specifications or other work product by any person, body or agency shall relieve Consultant of the
responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under
professional and industry standards, or for performing services under this Agreement in
accordance with sound and accepted professional and industry principles.
D. Consultant’s Reliance on Submissions by City. Consultant must have timely
information and input from City in order to perform the Work required under this Agreement.
Consultant is entitled to rely upon information provided by City, but Consultant shall provide
immediate written notice to City if Consultant knows or reasonably should know that any
information provided by City is erroneous, inconsistent, or otherwise problematic.
E. Consultant’s Representative. William F. (Bill) Ross shall be authorized to
act on Consultant’s behalf with respect to the Work as Consultant’s designated representative,
provided that this designation shall not relieve either Party of any written notice requirements set
forth elsewhere in this Agreement.
F. Assignment of Agreement. Consultant covenants and agrees not to assign or
transfer any interest in, or delegate any duties of this Agreement, without the prior express written
consent of City. As to any approved subcontractors, Consultant shall be solely responsible for
reimbursing them, and City shall have no obligation to them.
G. Responsibility of Consultant and Indemnification of City. Consultant covenants
and agrees to take and assume all responsibility for the Work rendered in connection with this
Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or
City on account of the performance or character of the Work rendered pursuant to this Agreement.
Consultant shall defend, indemnify and hold harmless City and City’s elected and appointed
officials, officers, boards, commissions, employees, representatives, consultants, servants, agents,
attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified
Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses,
costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees
and costs of defense (“Liabilities”), which may arise from or be the result of an alleged willful,
negligent or tortious act or omission arising out of the Work, performance of contracted services,
or operations by Consultant, any subcontractor, anyone directly or indirectly employed by
Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor
may be liable, regardless of whether or not the act or omission is caused in part by a party
indemnified hereunder; provided that this indemnity obligation shall only apply to the extent
Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful
conduct of the Consultant or other persons employed or utilized by the Consultant in the
performance of this Agreement. This indemnity obligation shall not be construed to negate,
abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise
exist as to any party or person described in this provision.
In any and all claims against an Indemnified Party, by any employee of Consultant, its
subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone
for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth
6
in this provision shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for Consultant or any subcontractor under
workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts.
This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive
expiration or termination of this Agreement, provided that the claims are based upon or arise out
of actions or omissions that occurred during the performance of this Agreement.
H. Independent Contractor. Consultant hereby covenants and declares that it is
engaged in an independent business and agrees to perform the Work as an independent contractor
and not as the agent or employee of City. Nothing in this Agreement shall be construed to make
Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of
City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the
time and place the Work is performed and the method used to perform such Work; the
instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of
consultants, agents or employees to complete the Work; and the payment of employees, including
benefits and compliance with Social Security, withholding and all other regulations governing
such matters. Consultant agrees to be solely responsible for its own acts and those of its
subordinates, employees, and subcontractors during the life of this Agreement. There shall be no
contractual relationship between any subcontractor or supplier and City by virtue of this
Agreement with Consultant. Any provisions of this Agreement that may appear to give City the
right to direct Consultant as to the details of the services to be performed by Consultant or to
exercise a measure of control over such services will be deemed to mean that Consultant shall
follow the directions of City with regard to the results of such services only. It is further
understood that this Agreement is not exclusive, and City may hire additional entities to perform
the Work related to this Agreement.
Inasmuch as City and Consultant are independent of each other, neither has the authority
to bind the other 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. Consultant
agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee
of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then
only for the limited purpose stated in such authorization. Consultant shall assume full liability for
any contracts or agreements Consultant enters into on behalf of City without the express
knowledge and prior written consent of City.
I. Insurance.
(1) Requirements: Consultant shall have and maintain in full force and effect
for the duration of this Agreement, insurance insuring against claims for
injuries to persons or damages to property which may arise from or in
connection with the performance of the Work by Consultant, its agents,
representatives, employees or subcontractors. All policies shall be subject
to approval by City as to form and content. These requirements are subject
to amendment or waiver if so approved in writing by the City Manager.
(2) Minimum Limits of Insurance: Consultant shall maintain the following
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insurance policies with coverage and limits no less than:
(a)Commercial General Liability coverage of at least $1,000,000 (one
million dollars) combined single limit per occurrence and
$2,000,000 (two million dollars) aggregate for comprehensive
coverage including for bodily and personal injury, sickness, disease
or death, injury to or destruction of property, including loss of use
resulting therefrom.
(b)Commercial Automobile Liability (owned, non-owned, hired)
coverage of at least $1,000,000 (one million dollars) combined
single limit per occurrence for comprehensive coverage including
bodily and personal injury, sickness, disease or death, injury to or
destruction of property, including loss of use resulting therefrom.
(c)Professional Liability of at least $1,000,000 (one million dollars)
limit for claims arising out of professional services and caused by
Consultant’s errors, omissions, or negligent acts.
(d)Workers’ Compensation: Consultant represents and warrants that
Georgia law does not require workers' compensation insurance
coverage for the individuals performing Work under this
Agreement.
(e)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 City in writing so that City
may ensure the financial solvency of Consultant; self-insured retentions
should be included on the certificate of insurance.
(4)Other Insurance Provisions: Each policy shall contain, or be endorsed to
contain, the following provisions respectively:
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(a)General Liability, Automobile Liability and (if applicable) Umbrella
Liability Coverage.
(i)Additional Insured Requirement. City and City’s elected
and appointed officials, officers, boards, commissioners,
employees, representatives, consultants, servants, agents and
volunteers (individually “Insured Party” and collectively
“Insured Parties”) shall be named as additional insureds as
respects: liability arising out of activities performed by or on
behalf of Consultant; products and completed operations of
Consultant; premises owned, leased, or used by Consultant;
automobiles owned, leased, hired, or borrowed by
Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the Insured Parties.
Nothing contained in this section shall be construed to
require the Consultant to provide liability insurance
coverage to any Insured Party for claims asserted against
such Insured Party for its sole negligence.
(ii)Primary Insurance Requirement. Consultant’s insurance
coverage shall be primary noncontributing insurance as
respects to any other insurance or self-insurance available to
the Insured Parties. Any insurance or self-insurance
maintained by the Insured Parties shall be in excess of
Consultant’s insurance and shall not contribute with it.
(iii)Reporting Requirement. Any failure to comply with
reporting provisions of the policies shall not affect coverage
provided to the Insured Parties.
(iv)Separate Coverage. Coverage shall state that Consultant’s
insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect
to limits of insurance provided.
(v)Defense Costs/Cross Liability. Coverage shall be
provided on a “pay on behalf” basis, with defense costs
payable in addition to policy limits. There shall be no cross
liability exclusion.
(vi)Subrogation. The insurer shall agree to waive all rights of
subrogation against the Insured Parties for losses arising
from Work performed by Consultant for City.
(b)Workers’ Compensation Coverage. N/A
9
(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 City. City reserves the
right to accept alternate notice terms and provisions,
provided they meet the minimum requirements under
Georgia law.
(ii)Starting and Ending Dates. Policies shall have concurrent
starting and ending dates.
(iii)Incorporation of Indemnification Obligations. Policies shall
include an endorsement incorporating the indemnification
obligations assumed by Consultant under the terms of this
Agreement, including but not limited to Section IV(G) of
this Agreement.
(5)Acceptability of Insurers: The insurance to be maintained by Consultant
must be issued by a company licensed or approved by the Insurance
Commissioner to transact business in the State of Georgia. Such insurance
policies shall be placed with insurer(s) with an A.M. Best Policyholder’s
rate of no less than “A-” and with a financial rating of Class VII or greater.
The Consultant shall be responsible for any delay resulting from the failure
of its insurer to provide proof of coverage in the proscribed form.
(6)Verification of Coverage: Consultant shall furnish to City for City approval
certificates of insurance and endorsements to the policies evidencing all
coverage required by this Agreement prior to the start of work. Without
limiting the general scope of this requirement, Consultant is specifically
required to provide an endorsement naming City as an additional insured
when required. The certificates of insurance and endorsements for each
insurance policy are to be on a form utilized by Consultant’s insurer in its
normal course of business and are to be signed by a person authorized by
that insurer to bind coverage on its behalf, unless alternate sufficient
evidence of their validity and incorporation into the policy is provided. City
reserves the right to require complete, certified copies of all required
insurance policies at any time. Consultant shall provide proof that any
expiring coverage has been renewed or replaced prior to the expiration of
the coverage.
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(7) Subcontractors: Consultant shall either (1) ensure that its insurance policies
(as described herein) cover all subcontractors and the Work performed by
such subcontractors or (2) ensure that any subcontractor secures separate
policies covering that subcontractor and its Work. All coverage for
subcontractors shall be subject to all of the requirements stated in this
Agreement, including, but not limited to, naming the Insured Parties as
additional insureds.
(8) Claims-Made Policies: Consultant shall extend 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) City as Additional Insured and Loss Payee: City shall be named as an
additional insured and loss payee on all policies required by this Agreement,
except City need not be named as an additional insured and loss payee on
any Professional Liability policy or Workers’ Compensation policy.
(10) Progress Payments: The making of progress payments to Consultant shall
not be construed as relieving Consultant or its subcontractors or insurance
carriers from providing the coverage required in this Agreement.
J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant
to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services
unless:
(1) Consultant shall provide evidence on City-provided forms, attached hereto
as Exhibits “D” and “E” (affidavits regarding compliance with the E-
Verify program to be sworn under oath under criminal penalty of false
swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s
subcontractors have registered with, are authorized to use and use the
federal work authorization program commonly known as E-Verify, or any
subsequent replacement program, in accordance with the applicable
provisions and deadlines established in O.C.G.A. § 13-10-91, and that they
will continue to use the federal work authorization program throughout the
contract period, or
(2) Consultant provides evidence that it is not required to provide an affidavit
because it is an individual (not a company) licensed pursuant to Title 26 or
Title 43 or by the State Bar of Georgia and is in good standing.
Consultant hereby verifies that it has, prior to executing this Agreement, executed a
notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to
City or provided City with evidence that it is an individual not required to provide such an affidavit
because it is licensed and in good standing as noted in sub-subsection (2) above. Further,
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Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and
Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor
Rule 300-10-1-.02.
In the event Consultant employs or contracts with any subcontractor(s) in connection with
the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the
subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the
subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as
Exhibit “E”, which subcontractor affidavit shall become part of the Consultant/subcontractor
agreement, or evidence that the subcontractor is not required to provide such an affidavit because
it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a
subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within
five (5) business days of receipt from any subcontractor.
Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the
City Manager or his/her designee shall be authorized to conduct an inspection of Consultant’s and
Consultant’s subcontractors’ verification process at any time to determine that the verification was
correct and complete. Consultant and Consultant’s subcontractors shall retain all documents and
records of their respective verification process for a period of five (5) years following completion
of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A.
§ 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic
inspections to ensure that no City Consultant or Consultant’s subcontractors employ unauthorized
aliens on City contracts. By entering into a contract with City, Consultant and Consultant’s
subcontractors agree to cooperate with any such investigation by making their records and
personnel available upon reasonable notice for inspection and questioning. Where Consultant or
Consultant’s subcontractors are found to have employed an unauthorized alien, the City Manager
or his/her designee may report same to the Department of Homeland Security. Consultant’s failure
to cooperate with the investigation may be sanctioned by termination of the Agreement, and
Consultant shall be liable for all damages and delays occasioned by City thereby.
Consultant agrees that the employee-number category designated below is applicable to
Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A.
§ 13-10-91.]
____ 500 or more employees.
____ 100 or more employees.
_x___ Fewer than 100 employees.
Consultant hereby agrees that, in the event Consultant employs or contracts with any
subcontractor(s) in connection with this Agreement and where the subcontractor is required to
provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the
subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is
applicable to the subcontractor.
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The above requirements shall be in addition to the requirements of state and federal law,
and shall be construed to be in conformity with those laws.
K. Records, Reports and Audits.
(1) Records:
(a) Books, records, documents, account legers, data bases, and similar
materials relating to the Work performed for City under this
Agreement (“Records”) shall be established and maintained by
Consultant in accordance with applicable law and requirements
prescribed by City with respect to all matters covered by this
Agreement. Except as otherwise authorized or required, such
Records shall be maintained for at least three (3) years from the date
that final payment is made to Consultant by City under this
Agreement. Furthermore, Records that are the subject of audit
findings shall be retained for three (3) years or until such audit
findings have been resolved, whichever is later.
(b) All costs claimed or anticipated to be incurred in the performance of
this Agreement shall be supported by properly executed payrolls,
time records, invoices, contracts, or vouchers, or other official
documentation evidencing in proper detail the nature and propriety
of the charges. All checks, payrolls, invoices, contracts, vouchers,
orders or other accounting documents pertaining in whole or in part
to this Agreement shall be clearly identified and readily accessible.
(2) Reports and Information: Upon request, Consultant shall furnish to City
any and all Records in the form requested by City. All Records provided
electronically must be in a format compatible with City’s computer systems
and software.
(3) Audits and Inspections: At any time during normal business hours and as
often as City may deem necessary, Consultant shall make available to City
or City’s representative(s) for examination all Records. Consultant will
permit City or City’s representative(s) to audit, examine, and make excerpts
or transcripts from such Records. Consultant shall provide proper facilities
for City or City’s representative(s) to access and inspect the Records, or, at
the request of City, shall make the Records available for inspection at City’s
office. Further, Consultant shall permit City or City’s representative(s) to
observe and inspect any or all of Consultant’s facilities and activities during
normal hours of business for the purpose of evaluating Consultant’s
compliance with the terms of this Agreement. In such instances, City or
City’s representative(s) shall not interfere with or disrupt such activities.
L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in
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any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any
other similar law or regulation. Consultant certifies that to the best of its knowledge no
circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant
become aware of any circumstances that may cause a conflict of interest during the Term of this
Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest
exists, City may require that Consultant take action to remedy the conflict of interest or terminate the
Agreement without liability. City shall have the right to recover any fees paid for services rendered
by Consultant when such services were performed while a conflict of interest existed if Consultant
had knowledge of the conflict of interest and did not notify City within five (5) business days of
becoming aware of the existence of the conflict of interest.
Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree
to give any City employee or official, or for any City employee or official to solicit, demand,
accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or
an offer of employment in connection with any decision, approval, disapproval, recommendation,
or preparation of any part of a program requirement or a purchase request, influencing the content
of any specification or procurement standard, rendering of advice, investigation, auditing, or in
any other advisory capacity in any proceeding or application, request for ruling, determination,
claim or controversy, or other particular matter, pertaining to any program requirement or a
contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further
acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by
or on behalf of a sub-consultant under a contract to the prime Consultant or higher tier sub-
consultant, or any person associated therewith, as an inducement for the award of a subcontract or
order.
M. Confidentiality. Consultant acknowledges that it may receive confidential
information of City and that it will protect the confidentiality of any such confidential information
and will require any of its subcontractors, consultants, and/or staff to likewise protect such
confidential information. Consultant agrees that confidential information it learns or receives or
such reports, information, opinions or conclusions that Consultant creates under this Agreement
shall not be made available to, or discussed with, any individual or organization, including the
news media, without prior written approval of City. Consultant shall exercise reasonable
precautions to prevent the unauthorized disclosure and use of City information whether
specifically deemed confidential or not.
Consultant acknowledges that City’s disclosure of documentation is governed by Georgia’s
Open Records Act, and Consultant further acknowledges that if Consultant submits records
containing trade secret information, and if Consultant wishes to keep such records confidential,
Consultant must submit and attach to such records an affidavit affirmatively declaring that specific
information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10,
and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto.
N. Key Personnel. All of the individuals identified in Exhibit “F”, attached hereto,
are necessary for the successful completion of the Work due to their unique expertise and depth
and breadth of experience. There shall be no change in Consultant’s Project Manager or members
of the Project team, as listed in Exhibit “F”, without written approval of City. Consultant
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recognizes that the composition of this team was instrumental in City’s decision to award the Work
to Consultant and that compelling reasons for substituting these individuals must be demonstrated
for City’s consent to be granted. Any substitutes shall be persons of comparable or superior
expertise and experience. Failure to comply with the provisions of this paragraph shall constitute
a material breach of Consultant’s obligations under this Agreement and shall be grounds for
termination.
O. Meetings. Consultant is required to meet with City’s personnel, or designated
representatives, to resolve technical or contractual problems that may occur during the Term of
this Agreement at no additional cost to City. Meetings will occur as problems arise and will be
coordinated by City. City shall inform Consultant’s Representative of the need for a meeting and
of the date, time and location of the meeting at least three (3) full business days prior to the date
of the meeting. Face-to-face meetings are desired. However, at Consultant’s option and expense,
a conference call meeting may be substituted. Consistent failure to partici pate in problem
resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good
faith effort to resolve problems, may result in termination of this Agreement for cause.
P. Authority to Contract. The individual executing this Agreement on behalf of
Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s
board of directors, stockholders, general partners, limited partners or similar authorities to
simultaneously execute and bind Consultant to the terms of this Agreement, if applicable.
Q. Ownership of Work. All reports, designs, drawings, plans, specifications,
schedules, work product and other materials, including, but not limited to, those in electronic form,
prepared or in the process of being prepared for the Work to be performed by Consultant
(“Materials”) shall be the property of City, and City shall be entitled to full access and copies of
all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant
or subcontractor upon completion or termination of the Work shall be delivered immediately to
City whether or not the Project or Work is commenced or completed; provided, however, that
Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of
loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed
before final delivery to City, Consultant shall replace them at its own expense. Any and all
copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to
execute any additional documents that may be necessary to evidence such assignment.
R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964,
as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended,
42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132,
and all other provisions of Federal law, Consultant agrees that, during performance of this
Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate
against any employee or applicant for employment, any subcontractor, or any supplier because of
race, color, creed or belief, political affiliation, national origin, gender, age or disability. In
addition, Consultant agrees to comply with all applicable implementing regulations and shall
include the provisions of this paragraph in every subcontract for services contemplated under this
Agreement.
15
S. 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 subsidiari es, 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.
V. COVENANTS OF CITY
A. Right of Entry. City shall provide for right of entry for Consultant and all
necessary equipment as required for Consultant to complete the Work; provided that Consultant
shall not unreasonably encumber the Project site(s) with materials or equipment.
B. City’s Representative. Michele McIntosh-Ross shall be authorized to act on
City’s behalf with respect to the Work as City’s designated representative on this Project; provided
that any changes to the Work or the terms of this Agreement must be approved as provided in
Section II above.
VI. TERMINATION
A. For Convenience. City may terminate this Agreement for convenience at any time
upon providing written notice thereof at least seven (7) calendar days in advance of the termination
date.
B. For Cause. Consultant shall have no right to terminate this Agreement prior to
completion of the Work, except in the event of City’s failure to pay Consultant within thirty (30)
calendar days of Consultant providing City with notice of a delinquent payment and an opportunity
to cure. In the event of Consultant’s breach or default under this Agreement, City may terminate this
Agreement for cause. City shall give Consultant at least seven (7) calendar days’ written notice of
its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure
the breach or default within that seven (7) day period, or otherwise remedy the breach or default to
the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the
Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of
curing the default against any sums due or which become due to Consultant under this Agreement;
and/or (c) pursue any other remedy then available, at law or in equity, to City for such default.
16
C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement
shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall
terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds
are no longer available to satisfy the obligation of City.
D. Payment Upon Termination. Upon termination, City shall provide for payment
to Consultant for services rendered and, where authorized, expenses incurred prior to the
termination date; provided that, where this Agreement is terminated for cause, City may deduct
from such payment any portion of the cost for City to complete (or hire someone to complete) the
Work, as determined at the time of termination, not otherwise covered by the remaining unpaid
Maximum Contract Price.
E. Conversion to Termination for Convenience. If City terminates this Agreement
for cause and it is later determined that City did not have grounds to do so, the termination will be
converted to and treated as a termination for convenience under the terms of Section VI(A) above.
F. Requirements Upon Termination. Upon termination, Consultant shall: (1)
promptly discontinue all services, cancel as many outstanding obligations as possible, and not
incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all
data, drawings, reports, summaries, and such other information and materials as may have been
generated or used by Consultant in performing this Agreement, whether completed or in process,
in the form specified by City.
G. Reservation of Rights and Remedies. The rights and remedies of City and
Consultant provided in this Article are in addition to any other rights and remedies provided under
this Agreement or at law or in equity.
VII. MISCELLANEOUS
A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the
complete agreement between the Parties and supersedes any and all other agreements, either oral
or in writing, between the Parties with respect to the subject matter of this Agreement. No other
agreement, statement or promise relating to the subject matter of this Agreement not contained in
this Agreement shall be valid or binding. This Agreement may be modified or amended only by a
written Change Order (as provided in Section II above) or other document signed by
representatives of both Parties with appropriate authorization.
B. Successors and Assigns. Subject to the provision of this Agreement regarding
assignment, this Agreement shall be binding on the heirs, executors, administrators, successors
and assigns of the respective Parties.
C. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Georgia without regard to choice of law principles. If any
action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the
rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related
to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S.
17
District Court for the Northern District of Georgia – Atlanta Division, and Consultant submits to
the jurisdiction and venue of such court.
D. Captions and Severability. All headings herein are intended for convenience and
ease 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. Should any article(s) or section(s) of
this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of
competent jurisdiction, the offending portion of the Agreement should be severed, and the
remainder of this Agreement shall remain in full force and effect to the extent possible as if this
Agreement had been executed with the invalid portion hereof eliminated, it being the intention of
the Parties that they would have executed the remaining portion of this Agreement without
including any such part, parts, or portions that may for any reason be hereafter declared in valid.
E. Business License. Prior to commencement of the Work to be provided hereunder,
Consultant shall apply to City for a business license, pay the applicable business license fee, and
maintain said business license during the Term of this Agreement, unless Consultant provides
evidence that no such license is required.
F. Notices.
(1) Communications Relating to Day-to-Day Activities. All
communications relating to the day-to-day activities of the Work shall be
exchanged between City’s Representative (named above) for City and
Consultant’s Representative (named above) for Consultant.
(2) Official Notices. All other notices, requests, demands, writings, or
correspondence, as required by this Agreement, shall be in writing and shall
be deemed received, and shall be effective, when: (1) personally delivered,
or (2) on the third day after the postmark date when mailed by certified mail,
postage prepaid, return receipt requested, or (3) upon actual delivery when
sent via national overnight commercial carrier to the Party at the address
given below, or at a substitute address previously furnished to the other
Party by written notice in accordance herewith.
NOTICE TO CITY shall be sent to:
Procurement Manager
City of Milton, Georgia
2006 Heritage Walk
Milton, Georgia 30004
NOTICE TO CONSULTANT shall be sent to:
Ross+associates
Attn: William F. (Bill) Ross
211 Colonial Homes Drive NW, Ste 2307
18
Atlanta, GA 30309
G. Waiver of Agreement. No failure by City to enforce any right or power granted
under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and
no custom or practice of City at variance with the terms and conditions of this Agreement shall
constitute a general waiver of any future breach or default or affect City’s right to demand exact
and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no
express waiver shall affect any Term or condition other than the one specified in such waiver, and
that one only for the time and manner specifically stated.
H. Survival. All sections of this Agreement which by their nature should survive
termination will survive termination, including, without limitation, confidentiality obligations and
insurance maintenance requirements.
I. No Third Party Rights. This Agreement shall be exclusively for the benefit of
the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement,
cause of action or other right.
J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be
construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or
official immunities. Ratification of this Agreement by a majority of the Mayor and City Council
shall authorize the Mayor to execute this Agreement on behalf of City.
K. No Personal Liability. Nothing herein shall be construed as creating any
individual or personal liability on the part of any of City’s elected or appointed officials, officers,
boards, commissions, employees, representatives, consultants, servants, agents, attorneys or
volunteers. No such individual shall be personally liable to Consultant or any successor in interest
in the event of any default or breach by City or for any amount which may become due to
Consultant or successor or on any obligation under the terms of this Agreement. Likewise,
Consultant’s performance of services under this Agreement shall not subject Consultant’s
individual employees, officers, or directors to any personal contractual liability, except where
Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor,
their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed
and/or asserted only against Consultant or City, respectively, and not against any elected or
appointed official, officers, boards, commissions, employees, representatives, consultants,
servants, agents, attorneys and volunteers.
L. Counterparts; Agreement Construction and Interpretation. This
Agreement may be executed in any number of counterparts, each of which shall be deemed an
original, but all of which taken together shall constitute one and the same instrument. Consultant
represents that it has reviewed and become familiar with this Agreement and has notified City of
any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this
Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The
Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this
Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed
against a Party because it was responsible for drafting one or more provisions of the Agreement.
19
In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and
articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement
and appears in another is not intended to affect the interpretation of either statement. Words or
terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless
the context of their usage clearly requires contrary meaning.
M. Force Majeure. Neither City nor Consultant shall be liable for its respective non-
negligent or non-willful failure to perform or shall be deemed in default with respect to the failure
to perform (or cure a failure to perform) any of its respective duties or obligations under this
Agreement or for any delay in such performance due to: (i) any cause beyond its respective
reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or
regulations rendering the performance of any portion of this Agreement legally impossible; (iv)
earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes
by employees and/or agents of Consultant; (vi) delay or failure to act by any governmental or
military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot,
insurrection or invasion. In such event, the time for performance shall be extended by an amount
of time equal to the period of delay caused by such acts, and all other obligations shall remain
intact.
N. Material Condition. Each term of this Agreement is material, and Consultant’s
breach of any term of this Agreement shall be considered a material breach of the entire Agreement
and shall be grounds for termination or exercise of any other remedies available to City at law or
in equity.
IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective
as of the Effective Date first above written.
[SIGNATURES ON FOLLOWING PAGE]
CONSULTANT: William F. Ross (d/b/a Ross+associates)
Signature:
Print Name: W'.LLft-!SM �
Title:
Owner (Sole Proprietorship/Individual)
Attest/Witness:
Signature:
Print Name: :..'
J ,
Title:
(Assistant) Corporate Secretary (required if corporation)
Attest:
Signature:
Print Name:
Title: City Clerk
Approved as to form:
City Attorney
CITY OF MILTON, GEORGIA
By: Joe Lockwood, Mayor
20
[CITY SEAL]
EXHIBIT “A”
RESERVED
EXHIBIT “B”
ROSS+associates
urban planning & plan implementation
ROSS+associates 211 Colonial Homes Drive, NW Suite 2307 Atlanta, GA 30309 web: planross.com tel: 404-626-7690
May 26, 2020
Ms. Michele Macintosh-Ross
City of Milton
13000 Deerfield Parkway
Milton, GA 30004
RE: 2020 Impact Fee Program Amendment
Ms. Macintosh-Ross,
Thank you for the opportunity to propose consulting services to you and the City of Milton regarding
the preparation of a thorough update of, and amendment to, the City's Impact Fee Program.
I have attached a Statement of Qualifications reflecting the enormous experience we have with cre-
ating, updating and maintaining impact fee programs for cities and counties (including Milton) in
Georgia. Overall, we have prepared the vast majority of such programs adopted in the state. Im-
portantly, we are the only consultant in the country whose impact fee programs have been tested in
court under Georgia’s unique law, and we have won every case on every count, hands down. We are
also the only consultant that “sticks with” our clients after the program is adopted, available to answer
questions and solve problems pro bono.
Most recently, we have seen through to adoption impact fee assignments in Alpharetta and Sandy
Springs—Alpharetta updated their entire program in September, 2015, and Sandy Springs adopted
its completely revised impact fee program in October 2016. In addition, we are underway with a
complete update for McDonough, Cherokee County and Walton County. These impact fee program
assignments are very similar to the City’s needs. We encourage you to contact Tom Harris, Al-
pharetta’s Finance Director at 678-297-6094, and Kathi Cook, Alpharetta’s Planning director at 678-
297-6073. In Sandy Springs, Jim Tolbert, Assistant City Manager, at 770-206-1418, for Fayetteville,
Mike Bush, Finance Director, at 770-719-4169, and for McDonough, Mike Clark, Finance Director
at 678-782-6208. Many more client contacts are included in the Statement of Qualifications.
Scope of Services—Impact Fee Program Update
We have attached a thoroughly detailed Scope of Services to this letter. In summary …
Our services will include:
• Advice and assistance to the City on impact fees in general,
• The preparation of population, housing, employment and traffic generation forecasts for the
City to the target year 2040,
• The preparation of an Impact Fee Methodology Report which will include all impact fee
calculations,
• A completely amended Capital Improvements Element,
• The preparation of a revised schedule of impact fees, and
Proposal: Milton Impact Fee Program Update
May 26, 2020, page 2
ROSS+associates 211 Colonial Homes Drive, NW Suite 2307 Atlanta, GA 30309 web: planross.com tel: 404-626-7690
• A review of the Impact Fee Ordinance to assure conformance to current state law require-
ments and City interests, and including discussion with the City Council regarding the final
impact fees to be charged.
The results of our proposed services will be the completion of an updated impact fee program and
fee schedule for the City meeting all legal and administrative requirements.
Compensation
We propose the following fee, to be billed on a not-to-exceed lump sum basis (including all expenses
and other associated costs) for the update and amendment of the Impact Fee Program, a total cost
not to exceed $44,450.1
In addition, we will be available on a pro bono basis for a year for advice, assistance and consultation
to staff as questions or issues arise. This assistance will be advisory in nature by telephone or email.
We are excited about the prospect of working once again with the City on its impact fee program.
Please let us know if we can provide additional information. We stand ready to meet with the City
Council or any staff members to discuss and finalize our proposal.
Sincerely,
William F. Ross
Attachment: Proposed Scope of Services
1 Bear in mind that all of the impact fee update work described here can be funded from the City’s impact fee collections
on hand as a ‘system improvements cost’ under the Georgia Development Impact Fee law.
Proposed City of Milton Impact Fee Scope page 1
City of Milton Impact Fee Program Update
Scope of Services
Our services will include advice and assistance to the City in general on impact fee matters, the
preparation of an Impact Fee Methodology Report (including all impact fee calculations), a com-
pletely amended Capital Improvements Element, the preparation of a revised fee schedule, and
a review of the Impact Fee Ordinance as to state law requirements and City requirements.
The results of our proposed services will be the completion of an updated impact fee program
and fee schedule for the City meeting all legal and administrative requirements. In addition, the
amended CIE will conform to DCA requirements for inclusion in the City’s Comprehensive Plan.
Our assistance will include the following items:
Task 1: Project Initiation
a. Review of and revisions to unfinished public facilities projects carried over from the current
impact fee program, if any, with specific attention to possible changes to such projects (in-
cluding any applicable updates to the projects’ estimated costs) in any or all of the City’s four
public facility categories:
• Parks and Recreation facilities,
• Fire Protection,
• Law Enforcement, and
• Road Improvements.
b. Project cost estimates and start dates for impact fee eligible projects, determined in conjunc-
tion with City departmental estimates.
Budgeted capital projects, adopted Capital Improvement Plan project listings and depart-
mental service plans/projections will be key inputs for the impact fee eligible project listing.
All current cost estimates will be converted to Net Present Value (NPV) using average annual
inflation rates (the CPI and Engineering News Record’s BCI and CCI for building and other
construction projects), discounted by the City’s current investment interest rate.
Deliverables:
• Kick-off meeting with all affected departments regarding planned projects.
Proposed City of Milton Impact Fee Scope page 2
Task 2: Impact Fee Methodology Report
The preparation of a completely new Impact Fee Methodology Report addressing the City’s four
impact fee eligible public facility categories listed above, including new impact fee calculations,
which will reflect the following:
Forecasts
a. Population, dwelling unit and employment forecasts to 2040.
Depending on the type and quality of data available, this step may include preparation of
trend analyses against historic annual population data for various trial time frames, prepared
as 1st, 2nd and 3rd order regressions; a comparative analysis with ARC projections; and/or a
“percentage-share” calculation based on Woods & Poole forecasts. Household and dwelling
unit estimates will be based on available Census data, as will employment forecasts. The re-
sults will be presented in a Technical Appendix containing all pertinent calculations.
b. Traffic generation.
Current and future traffic volumes generated by city residents and businesses will be calcu-
lated to determine new growth’s share of road improvement costs. The calculations will be
presented in a Technical Appendix to be attached to the Methodology Report.
c. Tax digest or SPLOST revenue forecasts.
These will be needed to calculate credits for new development taxes attributable to impact
fee projects, and will reflect average new house sales prices and per-employee nonresidential
property values or new growth’s share of future SPLOST collections, as applicable. The calcu-
lation of a credit against impact fees is needed to avoid potential situations of double taxa-
tion.
d. Inflation factors.
Inflation factors to be used in Net Present Value calculations of future expenditures will be
established, including the Engineering News Record’s Atlanta area Building Construction In-
dex for new buildings, ENR’s Construction Index for other construction projects such as rec-
reation facilities, and the CPI for non-construction items such as vehicles and library collection
materials.
Level of Service (LOS) Standards.
a. Current level of service.
• Current LOS will be calculated for fire protection and law enforcement services based on
the floor area of existing facilities and existing number of eligible vehicles serving the cur-
rent day-night population. The existing LOS for parks & recreation will be based on the
Proposed City of Milton Impact Fee Scope page 3
land area in City parks and the number of recreation facilities, floor area or other perti-
nent measurement. If available, the future list of planned projects and the adopted LOS
standards will be drawn from the new Parks & Recreation Plan, if available.
b. Future level of service.
• For all public facility categories, we will take into consideration planned improvements
already approved or proposed, and extension of the curr ent LOS to serve the future day-
night population or dwelling units, as applicable.
c. Determination of the LOS standards to use.
The current, future or other LOS standards recommended will be a function of City policies
and the most advantageous impact fee calculations themselves.
Funding Mechanisms
Funding from the General Fund and from other sources (such as SPLOST, bonds or short -term
financing vehicles) will be considered to the extent that credits will have to be given to new
growth to avoid double taxation issues.
Maximum Impact Fees
The maximum potential impact fee for each land use category is calculated to set the ceiling on
fees that can be charged under the state law. The actual fees to be charged will be decided by
the City Council as part of the Impact Fee Ordinance review/revision process.
Deliverables:
• Methodology Report containing all forecasts, credit data and NPV components, impact
fee calculations for each public facility category, a maximum fee schedule by land use
category for each public facility category, a summary regarding the financial implications
of the impact fee program, and comparisons between the current fees allowed and the
maximum new fee calculations. Pertinent Technical Appendices will be attached.
• Briefing Paper summarizing the Methodology Report for public and City Council presen-
tation.
• Attendance at one City Council work session to review the proposed Methodology Report,
which then will be finalized reflecting City Council comments.
Task 3: Capital Improvements Element
a. A new (amended) Capital Improvements Element (CIE) based on the finalized Methodology
Report will be prepared. The CIE document will be drawn from those portions of the
Proposed City of Milton Impact Fee Scope page 4
Methodology Report (with supplemental text added) that are required to be included by the
Georgia Department of Community Affairs.
b. Impact fee projects will be summarized in the CIE, and included in a Community Work Pro-
gram format that will serve as an amendment to the full CWP in the Comprehensive Plan.
Deliverables:
• Amended Capital Improvements Element containing all data required by the Georgia De-
partment of Community Affairs. Pertinent Technical Appendices will be included.
• Briefing Paper summarizing the Capital Improvements Element for public and City Council
presentation.
• Attendance at the transmittal public hearing before the City Council regarding transmittal
of the updated CIE to the Atlanta Regional Commission and DCA.
• Review of comments from DCA on the new CIE (if any) and appropriate responses.
Task 4: Adoption of the Updated Impact Fee Program
Adoption will involve the following:
a. Ordinance Review.
Preparation of a review of the City’s Impact Fee Ordinance and recommendations (if any) to
assure conformance to the Georgia Development Impact Fee Law and issues raised by City
staff.
b. Commission Briefing.
Preparation of briefing materials as needed for discussions with the City Council members
regarding appropriate levels of impact fees to be charged.
c. Fee Schedule for Adoption.
Preparation of a new impact fee schedule as an amendment to the City’s Impact Fee Ordi-
nance.
Deliverables:
• Attendance at one City Council workshop or individual briefings to discuss the draft Im-
pact Fee Ordinance and fee schedule.
• Attendance at one meeting of the City Council to adopt the amended CIE, Impact Fee
Ordinance revisions if needed, and the new impact fee schedule.
• Delivery of the final adopted version of the CIE, to be forwarded to ARC by City staff.
Proposed City of Milton Impact Fee Scope page 5
Task 5: Continuing Services
Following adoption and implementation of the updated Impact Fee Program, ROSS+associates
will stand ready to answer questions, provide explanations and otherwise provide continuing ad-
vice to the City as questions or issues arise for a period of one year at no cost to the City. This
assistance will be advisory in nature and delivered by telephone or email as appropriate to the
inquiry.
STATEMENT OF
QUALIFICATIONS
Planning Consulting and
Plan Implementation:
Focus: IMPACT FEES
ROSS+associates
urban planning & plan implementation
in partnership with
Hatley Plans LLC
ROSS+associates/Hatley Plans, LLC i
STATEMENT OF QUALIFICATIONS
Planning Consulting and Plan Implementation:
Focus: IMPACT FEES
Table of Contents
Overview of the Firm ................................................................................................................ 1
Business Location and Officers ................................................................................................................. 2
History and Legal Structure of the Firm ................................................................................................... 2
Current Partnerships ................................................................................................................................... 2
Availability ..................................................................................................................................................... 2
Consultant’s Experience.......................................................................................................... 3
William F. Ross ......................................................................................................................... 4
Paige Hatley, AICP ................................................................................................................... 7
Experience with Impact Fees .................................................................................................. 9
Examples of Impact Fee Studies and Programs .................................................................................... 9
Georgia Impact Fee Clients: Programs and Services .......................................................................... 14
Experience in Comprehensive and Land Use Planning ...................................................... 15
Experience with Zoning and Development Regulations ...................................................... 24
Experience with Sign Regulations ........................................................................................ 28
Plan Implementation Studies ................................................................................................ 29
Georgia Impact Fee Clients: Programs and Services .......................................................... 31
Work Performed for Public Entities ...................................................................................... 34
ROSS+associates/Hatley Plans, LLC 1
Overview of the Firm
ROSS+associates is a nationally recognized urban planning and plan implementation firm. Stra-
tegic and long-range comprehensive planning, zoning and land development codes, impact fees
and other implementation and project financing programs that realistically achieve plan objec-
tives are major strengths of the firm.
The corporate vision of the firm is to assist the client in devising a strategy that will meet
public needs for coping with anticipated growth and change within financial realities.
For several years, we have partnered with Paige Hatley and her firm Hatley Plans, LLC, on a
wide range of projects, including Impact Fee Programs, Comprehensive Plans, Zoning Ordi-
nances and Unified Development Codes. For the proposed work for Decatur, we are also part-
nering with Blue Cypress Consulting, LLC, to plan and implement an intensive public involve-
ment and information program
Comprehensive land use planning services include the identification of land use and commu-
nity facility needs based on future forecasts of population growth and economic development
demand, projected patterns of land use development, and the delineation of character areas.
In addition to city and county Comprehensive Plans, related planning specialties include de-
mographics and growth forecasts, affordable housing strategies and ‘smart growth’ community
design criteria.
Public facility planning, programming and Implementation services range from broad Capital
Improvement Programs creating a local funding strategy for a wide spectrum of public facilities,
to Community Improvement Elements focused on impact fee programs and water/sewer fee
studies, to individual facility categories such as Transportation and Parks and Recreation Plans.
Land development regulations further Implementation through state-of-the-art regulations,
such as zoning ordinances and unified development codes, that translate local Plan objectives
into actual requirements and streamlined procedures within realistic staffing capabilities.
Public outreach and involvement through such vehicles as festivals, workshops, web sites,
community surveys, media contacts and brochures are hallmarks of the firm’s approach.
ROSS+associates/Hatley Plans, LLC 2
Business Location and Officers
ROSS+associates maintains offices in Atlanta and Madison, Georgia. The offices are located at:
211 Colonial Homes Drive NW
Suite 2307
Atlanta, Georgia 30309
340 N. Main Street
Madison, Georgia 30650
ROSS+associates is a Sole Proprietorship owned by William F. (Bill) Ross.
History and Legal Structure of the Firm
ROSS+associates was created in 2001 as a merger of WFR Associates and Cooper-Ross sv. The
company is based in Georgia and is active throughout the state and on the national level.
WFR Associates was formed by William F. Ross in 1988, following twelve years of experience
in public service and six years of private sector work.
Cooper-Ross sv was formed in 1992 as a special venture between WFR Associates and Cooper
Consulting Company of Birmingham, Alabama. Mr. Ross served as a Principal of the firm, along
with his partner, Connie Cooper.
In addition to ROSS+associates, some of the work done by the firm’s principals on zoning and
land development regulations in the state has been accomplished through its sister company,
the Georgia Zoning Institute. The Institute was created in order to bring together legal and
engineering expertise to focus exclusively on regulatory issues facing cities and counties in
Georgia. William F. Ross, President of ROSS+associates, is also President of the Georgia Zoning
Institute.
Current Partnerships
While ROSS+associates continues to work independently on many planning assignments, the
company has often partnered with Hatley Plans, LLC, on a wide range of projects, including
Impact Fee Programs and updates, Comprehensive Plans, Zoning Regulations and Unified De-
velopment Ordinances.
Availability
The firm’s current workload, projects winding down and projects anticipated as a result of
current proposals provide adequate staff time to undertake the proposed work.
ROSS+associates/Hatley Plans, LLC 3
Consultant’s Experience
William F. Ross, who oversees all activities of the firm, has over forty-five years of planning
experience in government and private consulting, and is a recognized expert regarding zoning
and land development regulation and administration, and in the field of impact fees, particu-
larly under Georgia’s unique laws and court decisions.
Bill Ross’ career has included both “in the trenches” experience as a public official within local
government and extensive consulting work with cities and counties regarding their land use
planning activities, zoning and land development regulations, and public facility programming
and financing. While with Fulton County, Mr. Ross served as Deputy Director for Planning and
Administration of the Planning and Community Development Department. This entailed day-to-
day direction to the Planning Division as well as administration of the entire department (which
included the Public Works Division and their three inmate work camps). Future land use plan-
ning, rezoning reviews and recommendations, and preparing land development regulations are
normal activities of any planning department. Subsequently, Mr. Ross served as the Director of
Development in Gwinnett County, where he oversaw the development review, construction and
building permitting processes, development and building inspections, and code enforcement
for the county. Mr. Ross consolidated all of Gwinnett County’s zoning and development related
ordinances into a single Unified Development Code—the first in the state and still in use today
(with a few amendments over time). This “hands on” experience in these two large and fast-
growing counties has been very helpful when consulting with cities and counties, providing an
insider’s view of planning and zoning realities.
On the legal front, Mr. Ross has provided professional assistance and expert testimony in de-
fense of cities and counties that have been sued over rezoning or other land development re-
lated decisions. All of the many cases that Mr. Ross has been involved in have either been won
in court or withdrawn by the plaintiffs. In providing these services, Mr. Ross keeps abreast of
decisions of the Georgia Supreme Court as zoning law evolves in the state, and with legal trends
nationwide.
With regard to professional development, Mr. Ross has been actively involved with the advance-
ment of planning in Georgia through the Georgia Planning Association, including two terms as
President of the organization. Mr. Ross most recently edited the GPA newsletter, Georgia Plan-
ner, and served as the Founding President of the Georgia Planning Memorial Foundation.
Resume of Bill Ross
William F. Ross is President and sole proprietor of ROSS+associates. His resume appears on
the following pages.
Resume of Paige Hatley
Paige Hatley is President of Hatley Plans LLC. Her resume is presented below.
Resume of Caroline Evans
Caroline Evans is President of Blue Cypress Consulting, LLC. Her resume and information
about her firm are also presented below.
ROSS+associates/Hatley Plans, LLC 4
William F. Ross
President, ROSS+associates
William F. (Bill) Ross has over forty-five years of planning experi-
ence in government and private consulting and car-
ries unique credentials in the areas of land devel-
opment regulation, comprehensive planning, socio-
economic forecasting, and infrastructure financ-
ing. Since the early 1970's, Mr. Ross has been in-
volved in various aspects of planning as an urban planning consultant and as a
government official.
Mr. Ross has directed preparation of impact fee programs for a wide variety of cities and
counties in Georgia. Under Mr. Ross’ hands-on participation, about two-thirds
of all impact fee programs adopted in Georgia were prepared by ROSS+associ-
ates. (See attached Client List.)
On a broader view of Infrastructure financing, Mr. Ross has addressed key policy and imple-
mentation issues related to long range financial planning in several projects,
including the creation of Community Improvement Districts (CIDs) for down-
town Atlanta, the Cherokee County Technology Ridge and the Central Perime-
ter Area; creation of Georgia’s second Transportation Management Association;
and the land use/regulatory aspects of a Tax Allocation District (TAD) for
Bulloch County.
In the area of land development regulation, Mr. Ross has prepared zoning ordinances, unified
land development codes and sign ordinances in a number of cities and counties.
Recent experience has focused on the preparation of unified development
codes (UDCs), which combine zoning, signage, subdivision, erosion, flood pro-
tection and other requirements relating to the entire land development process
into a single ordinance. Clients in Georgia have ranged from very rural areas
such as Crisp and Lumpkin Counties, to high growth suburbanizing areas such
as Hall County, to mature urban areas such as Columbus/Muscogee County. In
all cases, the goal is to make regulations effective, both in being easy for the
average citizen or developer to understand and for the public official to inter-
pret and enforce.
As a planning consultant, Mr. Ross has prepared Comprehensive Plans and Updates in a number
of cities and counties, particularly in Georgia. In Macon-Bibb County, Mr. Ross
prepared the demographic and economic development calculations and Land
Use Plan Update in coordination with a new Transportation Plan for the region.
More recently, the firm headed up a multi-disciplined team to update the Joint
Comprehensive Plan for Cherokee County and its cities of Ball Ground, Waleska
and Woodstock, including detailed forecasts, an extensive market study and a
fiscal analysis of the impact of new growth on the County. Recent Comprehen-
sive Plans or updates prepared under Mr. Ross’ direction include the cities of
Cartersville, Chamblee, Suwanee and Woodstock, as well as Douglas County,
Oconee County and Jackson County, and forecasts for the Gainesville-Hall
County Master Transportation Plan.
ROSS+associates/Hatley Plans, LLC 5
As a government official, Mr. Ross was with Fulton County, Georgia, for ten years, heading up
all planning and zoning activities, and directed the Development Department
in Gwinnett County for two years. While at Fulton County, Mr. Ross created the
County’s first Comprehensive Plan and implemented their neighborhood plan-
ning program. Mr. Ross also administered the rezoning and plan review process
and extensively amended the County’s various land development regulations.
In Gwinnett County, then the fastest growing urban county in America, Mr. Ross
reorganized the plan review, permitting and inspections process in a system
issuing 10,000 building permits in new construction a year. While there, the
County’s zoning, subdivision and other development-related ordinances were
revamped and combined into a Land Development Code with his direct partic-
ipation and in coordination with a task force of private engineers, developers
and builders.
In addition, Mr. Ross has used his extensive experience to make presentations regarding com-
prehensive planning, land development regulation and infrastructure financing
at many conferences. Sessions at Georgia Planning Association and Georgia As-
sociation of Zoning Administrators conferences since 2000 alone include:
▪ Planning and Zoning 201 (with Paige Hatley) – GAZA Summer Conference, 2019
▪ Overlay Districts (with Paige Hatley) – GAZA Winter Conference, 2019
▪ Training Appointed Board Members, Variances Session: DCA and GPA 2018
▪ Impact Fees—Georgia’s Most Ignored Law? - GPA 2018
▪ Appointed Boards: Making Sound Decisions - CPI and GPA 2017
▪ Signs – Is Your Code Legal? (with Paige Hatley) - GAZA Winter Conference, 2016
▪ Your Signs are Showing (with Paige Hatley) - GAZA 2015
▪ Zoning for Economic Development – GAZA 2012
▪ Setting Fees (How to and Why) – GAZA 2011
▪ Funding Strategies for Plan Implementation – GPA 2010
▪ Zoning Administration – GAZA 2010
▪ Marriage of Comp Plans and Ordinances – GAZA 2009
▪ Regulating Signs in the Digital Age – GAZA 2009 and GPA 2009
▪ The Hybrid Code – GPA 2008
▪ Do the Right Thing … Ethical Decision-making in the Planning Process – GPA 2008
▪ The Zoning Clinic – GPA 2008
▪ Urban Zoning – GAZA 2007
▪ Form-Based Codes – GAZA 2007
▪ Development Strategies – GAZA 2006
▪ Signs – GAZA 2006
▪ Getting What You Want … Linking the Comprehensive Plan to Development Regs – GPA 2005
▪ Show Me the Money … Strategies for Funding Capital Improvements – GPA 2005
▪ Annexation: Threading the Needle Five Ways – GPA 2005
▪ Hardships, Heartaches … Variances and Other “Relief” – GAZA 2004
▪ Signs – GAZA 2003
▪ Subdivision Plat Reviews – GAZA 2002
▪ Goes Without Saying … New Rules for Signs in Georgia – GPA 2002
▪ Design Concept Development Districts – GPA 2002
▪ Considerations in Choosing Land Use Controls – GPA 2002
▪ Impact Fees and Development Agreements – GAZA 2001
▪ Impact Fees … The Planning Connection – GPA 2001
▪ Making Conservation Subdivisions Real – GPA 2001
▪ Linking the Smart Growth Vision to Reality – GAZA 2000
Mr. Ross also has provided training programs for public officials in several cities regarding their
roles and decision-making.
ROSS+associates/Hatley Plans, LLC 6
Employment
History
President, ROSS+associates, 2001—Present
President, Georgia Zoning Institute, Inc. 1995–Present
Principal, Cooper-Ross sv, Atlanta & Birmingham, 1992–2001
President, WFR Associates, Atlanta, Georgia, 1988–2001
Vice-President, Post Properties, Inc., Atlanta, Georgia, 1987–88
Director of Development, Gwinnett County, Georgia, 1985–87
Deputy Director, Planning & Administration, Fulton County, GA, 1975–1985
Planning Consultant, Adley Associates, Inc., 1970–75
Education/
Honors
Georgia State University, B.S. in Urban Life with Honors (1970):
Dean's Key for Scholastic Achievement
Blue Key Honor Fraternity
University of Georgia, Carl Vinson Institute of Government:
Certificate of Public Management (1987).
Professional
Affiliations
Founding President, Georgia Planning Memorial Foundation, 2008—2015
Vice-President, Georgia Planning Memorial Foundation, 2015 to present
President, Georgia Planning Association, 1993–1997
Editor, GPA Newsletter, 2005--2012
Chairman, GPA Nominations Committee, 1998, 2000 and 2002
Chairman, GPA Public Relations Committee, 1991–1993
Director (At-Large), GPA Board of Directors, 1989–1991
Chairman, GPA Bylaws and Organization Committee, 1990
Chairman, Local Programs Committee, APA National Conf. 1989
Charter Member, American Planning Association
Member, APA Planning Officials’ Advisory Committee, 1995–2000
Member, APA National Planning Awards Jury, 1998
Associate Member, Georgia Association of Zoning Administrators
Planning Advisory Committee, Ga. Dept. of Community Affairs, 1993–1997
Growth Strategies Reassessment Task Force, Georgia DCA, 1998
Developments of Regional Impact Task Force, Georgia DCA, 1999-2000
Lecturer:
Georgia State University Real Estate and Urban Affairs Program
Institute for Continuing Legal Education (ICLE)
County Commissioner’s Training Program: Planning and Zoning ACCG
Elected Officials Training Program: Planning and Zoning (GMA)
Community Planning Institute (GPA)
Representative
Projects
Projects under Mr. Ross’ direction include well over 100 assignments in
Georgia under the following categories:
▪ Impact Fee Analyses, Programs and Ordinances
▪ Zoning and Unified Land Development Codes, Sign Ordinances
▪ Comprehensive Plans, Land Use Plans, Community Work Programs
▪ Farm Land Conservation and Protection, TDR program
▪ Economic Development Plans, Market Analyses
▪ Socio-Economic Forecasts and Economic Analyses
▪ Community Improvement Districts (CIDs), TADs
▪ Expert Testimony in Lawsuits
ROSS+associates/Hatley Plans, LLC 7
Paige Hatley, AICP
President, Hatley Plans LLC
Paige Hatley has over 20 years of experience working with local governments, having served as
a land use and transportation planner for the Metropolitan Government of Nash-
ville-Davidson County, Tennessee, an economic development specialist for Du-
luth, Georgia, and as a planning consultant for cities and counties in Georgia.
In recent years, Ms. Hatley has partnered with ROSS+associates to prepare, update, maintain,
and implement state-compliant impact fee programs for Georgia cities and
counties, including Alpharetta, Canton, Dawson County, McDonough, Milton,
Rockdale County, Sandy Springs, and Walton County.
Ms Hatley’s consulting experience includes dozens of comprehensive plans for communities in
Georgia and as well as the preparation of unified development codes (UDCs),
zoning ordinances, and zoning audits for both counties and cities. She has
worked with the following Georgia communities to assess, update, and/or pre-
pare land use and development regulations (asterisks indicate projects under-
taken since the formation of Hatley Plans LLC): Burke County, Catoosa County,
Dawson County*, Gordon County, City of Canton, City of Duluth, City of Flowery
Branch*, City of Fort Oglethorpe*, City of Jonesboro, and City of Newnan.
As a consultant, Ms. Hatley has often been in the position of administering land use regulations.
She has provided on-call planning assistance for several cities and counties,
including on-site services to augment local planning staff. Typical responsibili-
ties include review of zoning, variance and annexation requests as well as sign
permits, processing and review of Developments of Regional Impact, coordina-
tion of plan reviews, and project review meetings with developers and appli-
cable local departments.
Ms. Hatley’s varied experience as a community planner includes preparing historic district de-
sign guidelines, environmental planning, and hazard mitigation planning (in-
cluding preparation of the Best Practices Guidebook: Community Disaster Re-
silience on behalf of the Georgia Department of Community and supplemental
code provisions to DCA’s Model Land Use Management Code that address natu-
ral hazards mitigation).
As a local government planner in Nashville, Ms. Hatley authored the City’s Historic Preservation
Plan. To implement the plan, Ms. Hatley integrated historic resources into the
development review process, using GIS to flag resources when zoning and sub-
division applications were submitted for review. She also contributed to a va-
riety of planning projects, ranging from zoning and subdivision regulation text
amendments, to the preparation of corridor studies and other transportation
planning documents.
Ms. Hatley continued to focus on historic preservation within the broader context of planning
and economic development in her role as Downtown Manager for Duluth,
ROSS+associates/Hatley Plans, LLC 8
Georgia. Ms. Hatley implemented and administered Duluth’s Main Street Pro-
gram and Façade Grant Program. She also administered the design review pro-
cess for local commercial and residential historic districts, providing technical
expertise and support to two architectural review boards as well as the Down-
town Development Authority (DDA).
Education
Master of Community Planning, Auburn University, 1997
Bachelor of Arts, History, College of William and Mary, 1994
Professional Certifications/Registration(s)
Certified Planner (AICP) #023658
Memberships
American Institute of Certified Planners
American Planning Association
Georgia Association of Zoning Administrators
Georgia Planning Association
Presentations
Planning and Zoning 201. Georgia Association of Zoning Administrators Summer 2019
Conference.
Overlay Districts Georgia. Georgia Association of Zoning Administrators Winter 2019
Conference.
Signs – Is Your Code Legal? Georgia Association of Zoning Administrators Winter 2016
Conference.
Mobile Vending in Georgia. Georgia Association of Zoning Administrators Summer 2015
Conference.
Your Signs are Showing. Georgia Planning Association Fall 2015 Conference.
Principles for Integrating Planning for Hazard Mitigation and Land Use Planning. Georgia
Department of Community Affairs 2013 Community Planning Institute.
Subdivisions, Platting and Development Regulations. Georgia Association of Zoning Ad-
ministrators Summer 2012 Conference.
Awards
2010 Outstanding Planning Document for the Columbus (GA) Historic District Design Guide-
lines, awarded by the Georgia Chapter of the American Planning Association.
2007 Outstanding Educational Tool for the Calhoun (GA) Historic District Design Guidelines,
awarded by the Georgia Chapter of the American Planning Association.
ROSS+associates/Hatley Plans, LLC 9
Experience with Impact Fees
ROSS+associates, most recently in partnership with Hatley Plans LLC, has produced studies
resulting in fire, emergency medical and rescue, law enforcement, jails, E-911, animal control,
library, roads and parks impact fees for the vast majority of all Georgia cities and counties that
have adopted impact fees. The firm has also worked with Water and Sewer Authorities to fairly
calculate connection fees as required under the Development Impact Fee Act. The firm is cur-
rently working with a number of cities and counties that are in the process of adopting or
updating their impact fee programs, and provides continuing assistance to past clients in the
implementation, administration, annual update and amendment of their programs.
ROSS+associates has prepared development impact analysis and fee systems for a wide range
of cities and counties. Experience in Georgia has included assistance in the preparation of the
final version of the Georgia Development Impact Fee Act, the preparation of impact fee studies
and implemented programs in more than 50 cities and counties, and involvement with the Im-
pact Fee Advisory Committees for all new impact fee programs. Clients have ranged from very
small cities such as Senoia and Flemington, to large metropolitan jurisdictions such as Gaines-
ville/Hall County, to fast growing jurisdictions such as Dawson County, Milton and Sandy
Springs, to the relatively rural Spalding, Pike and Thomas Counties.
Overall, two-thirds of all impact fee programs already adopted in Georgia were prepared by
ROSS+associates, with most of the other adopted fees having been prepared in-house by water
and sewerage departments or authorities as utility connection fees.
Examples of Impact Fee Studies and Programs
Impact Fee Program Replacement, Sandy Springs, Georgia
Sandy Springs adopted its first impact fee pro-
gram in 2008 soon after it had been created as
the first new city in Fulton County. As a result of
continuing growth and increasing demands for
new public facilities, the City had undertaken a
complete review and rewrite of its program. To
be consistent with the timeframe of ARC’s re-
gional projections, population, housing and em-
ployment forecasts were prepared to 2040, and
reflected the findings an exhaustive Market Study
done by RCLCO for the City’s Comprehensive Plan
update. The City had adopted many new plans
since the initial impact fee program was created,
including a Bicycle, Pedestrian and Trails Plan, a Comprehensive Transportation Plan, and
a sweeping Parks and Recreation plan. The many new facilities included in these plans,
among others, and the extension to the 2040 horizon, resulted in notable increases in the
maximum impact fees that could be assessed.
Studies such as an Impact Fee Methodology Report (containing all fee calculations) and a
Capital Improvements Element can be very complicated. As a result, we commonly boil the
essentials down in Briefing Papers for elected officials, advisory committees and the gen-
eral public.
ROSS+associates/Hatley Plans, LLC 10
Impact Fee Overhaul, Alpharetta, Georgia
The City of Alpharetta was the first local government to
adopt impact fees in Georgia. Since the original adoption
in the 1990s, no changes to the program or the original
impact fee amounts had been adopted in the ensuing 20+
years. ROSS+associates undertook a complete re-write of
the City’s impact fee program, including a totally revised
schedule of capital improvements consistent with the
City’s CIP and Council initiatives, new fee calculations, an
amended Capital Improvements Element (including an an-
nual update report), and a consolidated and revised Im-
pact Fee Ordinance. Adding to its distinction as the first
impact fee community in the state, the adopted fees set
a new precedent in scope and amount among all impact
fee jurisdictions.
Unique among impact fee consultants, ROSS+associates maintains a pro bono relationship
with all of its clients, past and present, to answer impact fee questions and offer guidance
as day-to-day issues arise.
Impact Fee System, Milton, Georgia
Not long after becoming a newly incorporated city, the City of
Milton adopted impact fees for the first time in 2015. Ross+as-
sociates provided the full range of services in establishing the
impact fee program, including the creation of an Advisory
Committee, preparation of a report assessing the potential for
adoption of fees in each public facility category under the
state law, working closely with all affected departments in
identifying potentially eligible projects and establishing cost
estimates, completing state review of the City’s Capital Im-
provements Element, preparation of an Impact Fee Ordinance
for review by the City Attorney, and enabling implementation
through installation of a computerized fee assessment and rec-
ords-keeping program along with an Implementation Manual
for handling all elements of administering the program, from
handling appeals to filing annual update reports.
Impact Fee System, Hall County, Georgia
Hall County’s impact fee study began as a capital improvements program for all impact
fee-eligible categories under the County’s control. Those categories with adequate availa-
ble information upon which impact fees could be calculated were identified, and funding
strategies were assessed. The issue of impact fees was hotly debated by the Board of Com-
missioners, and went to referendum (passing with at least two-thirds of the vote in almost
every precinct). The resulting ordinance creates impact fees for fire, sheriff’s patrol, de-
tention facilities and parks, with different fees inside and outside of Gainesville reflecting
different services provided within the city.
ROSS+associates/Hatley Plans, LLC 11
Impact Fee System, Cherokee County, Georgia
The consultant was called in to complete an impact fee system for Cherokee County for
road, fire, EMS, E-911, Sheriff’s patrol, jail, library, and parks and recreation improve-
ments. A new Capital Improvements Element was prepared,
reflecting extensive demographic analysis and new forecasts,
as well as extensive work with County departments in refining
their capital improvement plans. Improvement plans and fee
calculations were closely coordinated with a Special Local Op-
tion Sales Tax program that was developed and adopted con-
temporaneously with the impact fee ordinance. Services in-
cluded creation of a computer-based fee assessment and col-
lection program implemented within the Building Permit Of-
fice, and accounting procedures for the Finance Department.
Cherokee County was the first in Georgia to adopt countywide
impact fees, and attracted a lawsuit from the Greater Atlanta
Homebuilders Association. Bill Ross worked closely with the
County’s attorneys in preparing its defense, and provided ex-
pert testimony on the impact fee methodology. The Court up-
held the County on all counts across the board.
Impact Fee System, City of Fayetteville, Georgia
ROSS+associates has had a long relationship with the City of Fayetteville, which includes
the creation of the City’s impact fee program. Development impact fees have been imple-
mented in Fayetteville based on an analysis of potential fees for road improvements, fire
services and recreation facilities. Our services included intensive working sessions with an
Impact Fee Advisory Committee, working sessions with the City Council, and preparation
of an Impact Fee Ordinance meeting all requirements of
the Georgia Development Impact Fee Act. Over the years,
as Comprehensive Plan Updates have been developed, we
have revised and updated the impact fee program many
times, reflecting changes in capital project planning.
Since preparing the initial CIE and Impact Fee Program in
1998, the firm has assisted with annual update reports to
DCA each year, has prepared several program amend-
ments to keep the program current, and consults with the
city’s program administrators on a continuing basis (at no
cost).
A new CIE was completed in 2017, updating all planned
facility improvements and costs, and the schedule of im-
pact fees.
We have also prepared a study that resulted in the simplification of the City’s impact fee
schedule, reducing the number of land use categories from 68 to 29, while remaining rev-
enue-neutral. In addition, we prepared a Sewer Connection Fee Study that was adopted
and the fee structure changed.
ROSS+associates/Hatley Plans, LLC 12
Impact Fee System, City of Cartersville, Georgia
Cartersville is a largely mature city with some redevelopment and limited new develop-
ment opportunities, and several planned suburban developments that have been annexed
into the city.
Cartersville undertook its 10th-Year Comprehensive Plan Up-
date and the creation of an impact fee program in a parallel
process, both of which were adopted in 2007. By carrying out
both of these tasks simultaneously, the City was able to both
make plans and plan for implementation at the same time.
Data gathered and refined during the process of creating the
impact fee Capital Improvements Element fed directly into
some portions of the Plan Update, and vice versa.
As with almost all of our clients, ROSS+associates installed a
computer program for impact fee calculation tailored to Cart-
ersville’s building permitting procedures, which greatly sim-
plified the impact fee collection and record keeping pro-
cesses. Since the inception of the impact fee program, the
consultant has been involved in each year’s required CIE annual report to DCA and provides
pro bono advice and assistance as questions arise.
Impact Fee Calculations, Henry County Water and Sewerage System
Following amendment of the Georgia Development Impact Fee Act bringing water authori-
ties under the Act, an impact fee analysis and fee calculations were prepared for and sub-
sequently adopted by the Henry County Water and Sewerage Authority. The new fees re-
placed the Authority’s traditional tap-on fees, and have been updated several times to
reflect current plans and present-value costs.
Impact Fee System, Spalding County, Georgia
Preparation of an impact fee study, ordinance
and implementation program was initially com-
pleted for Spalding County in 2005. Public facility
categories under consideration included Parks
and Recreation, Libraries, Sheriff’s Office and
Jail, Fire Protection, E911 Communications and
Emergency Management.
Most recently, in 2017 we updated the County’s
CIE in parallel with preparation of the latest up-
date to the Comprehensive Plan.
ROSS+associates/Hatley Plans, LLC 13
Impact Fee System, Newton County, Georgia
Newton County commissioned a full Capital Improvements Program study, considering all
capital improvements that the County Commission would have to address through 2015.
The resulting prioritized project listing was analyzed with regard to several funding strat-
egies—bonds, SPLOST, PAYG and impact fees—singly and in various combinations. The result
was a CIP with an overall funding strategy which incorporated impact fees as a key revenue
source.
Data gathering for the CIP was facilitated by a computerized fill-in-the-blank form, an
instruction manual and intensive training for department personnel. Subsequently, all pro-
jects ranked by department priority were re-ranked on a county-wide priority basis and
consolidated into a master project listing. Project data included future operating costs for
a complete view of the County’s funding requirements.
ROSS+associates/Hatley Plans, LLC 14
Impact Fee System, Walton County, Georgia
The impact fee system developed for Walton County cov-
ered a wide range of facility categories, including the
County Library System, fire protection, the Sheriff’s de-
partment and jail, emergency communications, emer-
gency medical services, and parks and recreation. As a
first step, the County closely examined key policies for
adoption that would guide creation of an impact fee pro-
gram, providing direction to the study effort. Intrinsic to
implementation of the fee assessment and recordkeeping
procedures was an assessment comparing utilization of
the countywide network, maintained by the County’s in-
formation services consultant, and installation of a stand-
alone computer-based system within the Planning De-
partment.
An update of the entire program was commenced in 2019.
Impact Fee System, Peachtree City, Georgia
Peachtree City, Georgia’s premier planned community,
adopted its impact fee system in 2009 for the specific pur-
pose of extending the high quality-of-life standards of the
community to future residents and businesses as well. Em-
phasis was placed on public safety—police, fire protection
and emergency medical services—and on the city’s extensive
parks and recreation facilities.
As the city’s many villages have built out, new areas and de-
velopment have continued to emerge needing service from
the public facilities provided through the impact fee system.
In particular, the city has sought to expand its extensive (and
famous) trail and cart path system throughout the community
in pace with new development, while continuing to empha-
size police, fire and EMS services to this affluent community.
As with all of the impact fee programs we create, the Capital Improvements Element (which
goes to the State for review and is adopted as an amendment to the Comprehensive Plan)
is backed up by a Methodology Report that includes all of the background data, socioeco-
nomic forecasts, tax base and tax credit projections, and impact fee calculation details
and methodology. This document provides elected officials, staff and citizens alike with a
full and complete description of exactly how the fees were determined and the facilities
upon which they are planned to be spent.
Georgia Impact Fee Clients: Programs and Services
A full listing of impact fee programs conducted by ROSS+associates begins on page 31.
ROSS+associates/Hatley Plans, LLC/Blue Cypress Consulting, LLC 15
Experience in Comprehensive and Land Use Planning
ROSS+associates has extensive experience with the preparation of Comprehensive Plans and
regional transportation planning throughout the evolution of State planning requirements over
the past 40 years, both in government heading up planning activities, and as a consultant.
Socioeconomic and Market Conditions Analyses
For several years on several projects ROSS+associates has worked with Paige Hatley to focus
on future growth forecasts and economic conditions, establishing a base of data in support
of the planning and public participation processes for a number of Comprehensive Plans.
In Hall County, Georgia, we built on the population
and employment forecasts that had been initially
prepared by ROSS+associates for the region’s Com-
prehensive Transportation Plan, and expanded on
those into more detailed population characteristics
by jurisdiction and County Planning Area such as ra-
cial, ethnic and household characteristics. Types of
jobs and commuting characteristics were examined
to quantify the County’s position as an employment
center for surrounding counties, and its relation-
ship to the Atlanta Region.
Spalding County, Georgia, offered an opportunity
to closely examine the lingering effects of the
Great Recession on an “edge county” to the Atlanta
Region, and its increasing prospects for growth and
development reflecting recent, rising trends.
In Columbia County, Georgia, in addition to fore-
casts of population, housing and employment, we
prepared an exhaustive analysis of the county com-
pared to each of the other five counties in the Met-
ropolitan Statistical Area (including Aiken and
Edgefield Counties in South Carolina) to establish
the County’s role in the region
The County’s continu-
ing status as the fast-
est-growing location
for new residents in
the region was clear,
and major increases
anticipated for new
jobs reflected its tran-
sition from bedroom
community to employ-
ment center.
42%
13%
8%10%7%
40%
13%
% Hispanic or Latino Population
Gainesville city
All Other Cities
Northern Hall
Northwest Hall
Northeast Hall
Central Hall
Administrative Services
Health Care & Social Scvs
Accommodation & Food
Other Services
Other Businesses
Government
Employment Forecasts by Major Business Category
2015
2020
2025
2030
2035
2040
-
2,000
4,000
6,000
8,000
10,000
2015 2020 2025 2030 2035 2040
Population Forecasts
2010 2040
- 50,000 100,000 150,000 200,000 250,000
Columbia
Augusta
McDuffie
Burke
Aiken
Edgefield
- 50,000 100,000 150,000 200,000 250,000
2015
Columbia
Augusta
McDuffie
Burke
Aiken
Edgefield
- 50,000 100,000 150,000 200,000 250,000
2035
ROSS+associates/Hatley Plans, LLC 16
City of Suwanee: Affordable Housing Assessment
Suwanee adopted an innovative Comprehensive Plan – The
Town Master Plan – prepared by ROSS+associates. Six years
later, the City brought us back to prepare a “report card”
on how well it had been achieving its vision in the design of
new development projects, and to delve into the dwindling
supply of affordable housing in the city.
The affordable housing analysis – Housing Suwanee – took
the unique approach of examining affordability both in
terms of the HUD MFI (calculated for the entire Atlanta Re-
gion) and the median family income of Suwanee’s actual
residents. Thus, the study considered how affordable Su-
wanee is to lower-income families in general, and how af-
fordable it is to its own residents. This led to a discussion of
implementation strategies regarding Suwanee’s role in housing affordability within the con-
text of the larger community – Gwinnett County and the metro area – and as it related to
the plight of people already living beyond their means in the city itself.
Etowah Water & Sewer Authority Forecasts
Along the same lines as the socioeconomic work described above, the Authority engaged
ROSS+associates to prepare population forecasts for Dawson County in support of its appli-
cation to construct a reservoir in the county. The Corps of Engineers approved our meth-
odology and accepted our forecasts, which involved extensive analysis of the County’s po-
sition relative to the northern expansion of the Atlanta Region, recovery from the Great
Recession, plans for future development in the County’s Comprehensive Plan, access to
jobs, and its relative position with regard to being a family-friendly and affordable place
to live.
-20.0
-10.0
0.0
10.0
20.0
30.0
40.0
50.0
60.0
70.0
80.0
Rates of Change per 1,000 Average Population
Population Change Rate Net Natural Increase Net Migration
Summary: Alternate Population Forecasts
-
20,000
40,000
60,000
80,000
100,000
120,000
140,000
Census Rate 2000-2008 Adjustment: Recovery Census Rate 2000-2010
ROSS+associates/Hatley Plans, LLC 17
Bulloch County TAD
ROSS+associates joined a team of engineers and financial experts to prepare the planning
elements of a Tax Allocation District in Bulloch County, Georgia. The 1,740+ acre site,
surrounding the I-16 / US 301 interchange, is envisioned to become a mixed-use megasite,
including housing, commercial and industrial land uses.
Based on County growth projections, a detailed
market analysis which included potential compe-
tition from other TADs in the region, infrastruc-
ture availability and the participation of the
Bulloch County Industrial Development Authority,
development potential was determined for the
TAD area, in both the short-term and long-term
futures. Bringing together the various property
owners in the area and with public involvement,
land use locational opportunities were identified
in a general sense (sometimes referred to as a
“blob” or “aspirational” concept plan).
Considering actual property ownership patterns
relative to the land use locational and develop-
ment opportunities, a parcel-specific land use
plan was created.
Subsequently, a Gateway Overlay Zoning District
was prepared by ROSS+associates and added to
the County’s Zoning Ordinance. The Overlay Dis-
trict guides future parcel-specific rezonings and,
particularly, contains detailed design and devel-
opment guidelines specific to the TAD area.
These include a tree and signage landscape strip
along US 301, driveway access controls and inter-
nal development guidelines, such as residential
recreation and hotel requirements, signage, ar-
chitectural and site design standards.
ROSS+associates/Hatley Plans, LLC 18
Gainesville-Hall County, Georgia, Transportation Master Plan
ROSS+associates provided
the socioeconomic ele-
ments of the Master Plan
through forecasts of future
growth, a land demand and
capacity analysis, and land
use allocations to Traffic
Analysis Zones based on
actual land development
capacity. Forecasts of pop-
ulation, housing and em-
ployment were first made
for the County and each of
its eight incorporated ar-
eas under three growth
scenarios based on each jurisdiction’s adopted Comprehensive Plan and detailed trend
analyses using sophisticated data regression techniques. The development capacity of each
TAZ was then calculated based on each community’s zoning and future land use plans ap-
plied to vacant land resources in the TAZ on a parcel by parcel basis. Using criteria to
identify and rank properties that were the most probable to attract future development or
redevelopment (over 24,000 parcels), the development capacity of each property was cal-
culated using development zoning densities unique to each jurisdiction (applied within
each jurisdiction and its probable annexation areas). Allocations of population, housing and
employment were then made to the potential development properties in each jurisdiction
(per their future land use and associated zoning parameters) reflecting that jurisdiction’s
growth demand compared to its development capacity, and the parcels were then aggre-
gated by TAZ. Allocations of School Enrollments were made on the basis of existing and
future schools (reflecting the household/student forecasts by location, school district and
school “zone”), and median income distributions were made using GDOT’s methodology.
Comprehensive Planning and Ordinance Work, Chamblee, Georgia
The City of Chamblee, one of the 8 municipalities located in DeKalb County, is a City in
transition. Over many decades, the city has transformed from bucolic dairy land, to South-
ern railroad junction, to the temporary home to 40,000 WWI “doughboys,” to 1950’s indus-
trial complex and a homogeneous bedroom community, to a diverse microcosmic small
town. Now it is the true international city of Georgia, with a more ethnically diverse pop-
ulation than any municipality in the Southeast, and an attraction to residents and busi-
nesses that want to enjoy in-town life inside the
perimeter at affordable prices. Pro-active in its
stance to planning, we worked with the City over
4 years to make the community’s vision a reality.
After the completion of an innovative LCI study,
we developed a Land Use Plan Amendment uti-
lizing initial character areas to create a close link
between the Comprehensive Plan and the City’s
new mixed use zoning district. This update
ROSS+associates/Hatley Plans, LLC 19
provided the City with a clear guide during the rezoning process in establishing the intent
of the LCI study recommendations and actual rezoning and redevelopment of the MidCity
character area. A new STWP was developed to identify actual implementation projects
from the LCI recommendations. In addition we developed a zoning district to allow for
appropriate redevelopment of the Peachtree Industrial Boulevard Corridor, developed
language for ensuring that Extended Stay hotels provide appropriate residential amenities,
and developed a sign ordinance.
We subsequently completed the City’s 10th Year Com-
prehensive Plan Update. This plan is an issue- and char-
acter-area based plan, and one of the first plans devel-
oped under the format of the May 2005 DCA Minimum
Standards. The planning process included extensive pub-
lic participation, the creating of a detailed Vision, the
development of citywide character areas and specific
short and long term implementation recommendations.
This plan, complete with design and site standards for
each character area, provided the City with a detailed
roadmap during the redevelopment process so that the
community vision could be realized. There were no comments from DCA, except that “this
was an excellent job!”
Land Use Plan Update, Lumpkin County, Georgia
Lumpkin County, gateway to the Georgia Mountains and home
to Dahlonega, lies at the end of Georgia Highway 400.
Throughout the 1990s, growth moved up Ga 400 as ex-urban-
ites fled the expansion and densification of the Atlanta Re-
gion. Faced with growth pressures not anticipated in its Com-
prehensive Plan, coupled with intensifying interest in conser-
vation and quality of life issues, this update to the Land Use
Plan was undertaken. The update anticipates growth with the
intent of preserving the county’s rural character, linking res-
idential development with infrastructure initiatives, and en-
couraging much-needed economic development in appropri-
ate locations. A unique Land Use Code was simultaneously
prepared, closely linked to the Plan update.
ROSS+associates/Hatley Plans, LLC 20
Land Use Plan Amendment, Jackson County, Georgia
Jackson County, an “edge” county to the Atlanta Metropolitan Area, experienced major
growth during the 1990s, which has continued at an ever-quickening pace. This Land Use
Plan update was coordinated with the preparation of a Unified Development Code to assure
its implementation. The effort generated cooperative land use planning between the
county and its cities (Jefferson, Commerce, Talmo, Pendergrass, Arcade, Nicholson, Bra-
selton, Maysville and Hochston), as well as STWP updates for all jurisdictions. A key ele-
ment of the Land Use Plan is the use of character areas, nodes and corridors in lieu of
traditional land use categories in order to position the plan as a policy document for zoning,
taking the county into mandatory plan consistency for all rezonings.
Land Use and Environmental Justice, Ga 316
Corridor Study, GaDOT
Georgia Route 316, a key link between Atlanta and Athens,
Georgia, is a controlled-access route with at-grade inter-
sections along much of its route, which contribute signifi-
cantly to its high accident rate. As part of a multi-disci-
plined team, the firm prepared detailed socioeconomic es-
timates and forecasts for this four-county highway corri-
dor, studied existing land use patterns, and analyzed fu-
ture land use development potential for the key project
alternatives. In addition, the consultant prepared an anal-
ysis of the environmental justice issues in the corridor
ROSS+associates/Hatley Plans, LLC 21
counties—Gwinnett, Barrow, Oconee and Athens-Clarke
County.
The Town Master Plan, City of Suwanee, Georgia
As an update to its Comprehensive Plan, Suwanee devel-
oped a Town Master Plan that combines both continued
conventional development of its existing urbanized areas
with concepts of Traditional Neighborhood Development
(TND) and Transit-Oriented Development (TOD) in areas
where future growth is anticipated. Uniquely, Suwanee
linked implementation of the Plan to its land development
regulations through the inclusion of detailed design guide-
lines in the Town Master Plan document. Thus, con-
sistency with the Comprehensive Plan is established as
part of the rezoning and site plan review process, while
maximizing flexibility in achieving excellent project de-
sign.
Mixed-Use Development Assessment, Suwanee,
Georgia
Six years after the adoption of the Town Master Plan, the con-
sulting team returned to Suwanee to evaluate the level of suc-
cess the City had experienced in implementing the Plan’s im-
bedded design guidelines and realization of its unique use of
character areas. The assessment covered two broad aspects: a
“design report card” evaluating how well the concepts of new
urbanism and smart growth had been achieved in the nine
mixed-use development projects the City had approved, and
the extent to which consistency with the Plan’s design guide-
lines, goals and strategies had been achieved in each develop-
ment. Using extensive graphics, the critique identified the
good, the bad, and lessons for the future in pursuing its vision
of a community of neighborhoods rather than subdivisions. The
Assessment received an Award from the Georgia Planning Association for the City’s inno-
vation and effective use of the planning process.
City of Cartersville: Comprehensive Plan
ROSS+associates prepared the City’s first independent
Comprehensive Plan. Relevant housing issues include a
steadily increasing ethnic and Hispanic population, and a
concentration of higher density and rental housing stock
within the City’s limits. Emphasis was placed on develop-
ing strategies for incorporating the growing need for
“workforce” housing into activity centers and mixed-use
Character Areas in order to conserve the City’s “small
town” character.
ROSS+associates/Hatley Plans, LLC 22
City of Woodstock: Comprehensive Plan
Woodstock participated with Cherokee County in prepara-
tion of a Joint Community Assessment (under a ROSS+asso-
ciates-led Team that included McBride Dale Clarion, RCLCo
and Day Wilburn Associates), and adopted a parallel course
for preparation of its own Community Agenda. The city fo-
cused heavily on the massive private-sector redevelopment
of central Woodstock and the application of new urbanist
techniques, while preserving its older, stable neighbor-
hoods.
Chosen by a jury chaired by Andrés Duany, the City received
a Charter Award from the Congress for the New Urbanism
(CNU) as one of 15 international recipients.
Oconee County and the Cities of Bishop, Bogart, North High Shoals and
Watkinsville: Joint Comprehensive Plan
ROSS+associates prepared a Joint Comprehensive Plan for Oconee County and all of its
cities. Because of the County’s major advantages, which include its location in proximity
to Athens and UGA, its excellent schools, housing affordability
and quality lifestyle, Oconee County has been a prime residen-
tial choice. However, this has resulted in the County serving as
a primarily bedroom community to the Athens-Clarke County
area, as well as metro Atlanta, and a housing stock that is pre-
dominantly low density single-family residential. Housing op-
tions accommodating the “workforce” population and non-tra-
ditional family and senior households, which typically include
rental properties, townhomes and other attached products, and
higher density single-family products are limited. In addition,
although a large proportion of the County’s housing stock has
reached the 25-year mark, which entails rehabilitation and
maintenance assistance (especially among the elderly homeown-
ers), there are no rehabilitation assistance programs in place.
Enhancing the rural community while managing growth in the
County and protecting the small-town feel of the cities formed the backbone of the plan-
ning efforts. Based on that premise, strategies were formulated to target higher density
development in the northern portion of the County where infrastructure support and prox-
imity to major transportation corridors already existed or was programmed.
Livable Centers Initiative (LCI), Acworth, Georgia
As a part of a Team of planning, market analysis and de-
sign consultants, ROSS+associates provided the land use
planning and code preparation elements of this national
award-winning program created by the Atlanta Regional
Commission. As a result, Acworth has been enabled to
directly link TND and new urbanist concepts for its down-
town to marketing realities and creative regulatory pro-
visions, while addressing the residential needs of the
area.
ROSS+associates/Hatley Plans, LLC 23
Livable Centers Initiative (LCI), Lilburn, Georgia
ROSS+associates concentrated on the land use planning and
land development regulation elements of this LCI as part of
a larger Team of transportation, marketing and urban design
consultants. Through the plan, the city has linked its tradi-
tional downtown with the commercially vibrant US 29 corri-
dor and the planned commuter rail station nearby on Killian
Hill Road.
The work of ROSS+associates on the LCI laid the groundwork
for creation of the Town Center Overlay District as an
amendment to the zoning ordinance.
Impact Assessment, Hartsfield Airport Expansion, Fulton County, Georgia
Faced with the near-term expansion of Atlanta-Hartsfield In-
ternational Airport with the addition of a fifth runway, Fulton
County engaged a team of consultants to assess the full range
of impacts that the expansion would have on South Fulton
County and its cities. ROSS+associates prepared the analysis of
the expansion on land use patterns and zoning policies in the
study area, including the effects, both positive and negative,
on future development plans and initiatives in East Point,
Hapeville and College Park, as well as the unincorporated Old
National area and the Feldwood community. The results of the
study were used by the County in addressing the Airport’s Draft
EIS and the recommended programs and actions of the study
were instrumental in negotiating mitigation activities by the
City of Atlanta.
ROSS+associates/Hatley Plans, LLC 24
Experience with Zoning and Development Regulations
This section and those following provide a few examples to illustrate the range of experience
the firm brings to any project.
Unified Development Code, Oconee County, Georgia
This burgeoning county, attracting growth from Athens-Clarke County to the north and from
the Atlanta Metro Area to the west, sought to manage its emergence as a suburbanizing
area while preserving its valued historic roots in agriculture and small-town living. Alto-
gether, some seventeen individual ordinances dealing with one element or another relating
to zoning and land development were integrated into the new Code, along with major
improvements in definitions, procedures, usability and clarity.
As part of the project, entirely new application packages were developed for all processes
in the new Code. Coordinated for a consistent look, the first page of each package serves
as the basic application and creates a record of all actions taken on the request.
Unified Development Code, Columbus, Georgia
ROSS+associates teamed with a nationally prominent firm,
working through the Georgia Zoning Institute, in combining
all of the land use and development regulations currently in
place in the consolidated government of Columbus-Muskogee
County, improving the regulations to update them to new
technology and standards, and to implement the Comprehen-
sive Plan.
An important achievement was the creation of a conservation
subdivision approach tailored to both a suburban setting and
an urbanized environment, with unique provisions assuring
compatibility with surrounding development.
ROSS+associates/Hatley Plans, LLC 25
Unified Development Code, Camden County, Georgia
ROSS+associates completed a Unified Development Code for
Camden County, Georgia, home to the King’s Bay Submarine
Base. The initial work involved combining and greatly improv-
ing numerous separate ordinances related to zoning and land
development into a single, coordinated Code, leaving only the
Building Codes as separate regulations. Key features included
a complete overhaul of the uses allowed in each zoning district,
unified definitions and interpretation procedures, new land-
scaping and tree protection requirements, project engineering
design and construction standards, and clear administrative
procedures identifying responsible parties for receiving, re-
viewing and approving every application for a permit or other
approval from the County. The UDC also included a new Quality
Design Overlay district, covering an extensive area of mixed-
use master-planned communities south of neighboring Glynn
County.
Subsequently, ROSS+associates prepared a Master Land Use Plan for the county, based on
an analysis of future development demand and capacity, and amended the UDC with man-
datory land use plan consistency requirements.
Zoning Ordinance and Development Code,
Douglasville, Georgia
These award-winning land development regulations were
prepared for a city that is experiencing major growth
pressures in the Atlanta region while expanding its own
boundaries through annexation. The project involved
modernizing the existing codes and incorporating the lat-
est legal interpretations in the State while assuring the
effectiveness of the codes in implementing the City’s
goals and objectives for quality of life. An important as-
pect of the project involved structural changes to the
planning and zoning process in Douglasville through cre-
ation of a Planning Commission for the city separate from
the county.
Unified Development Code, Powder Springs, Ga
Powder Springs’ UDC consolidated a wide range of develop-
ment-related codes and ordinances across several depart-
ments. The Powder Springs UDC explicitly requires consistency
with land use designations on the Land Use Plan map. Prepara-
tion of the UDC resulted in streamlining of procedures, clarifi-
cation of the zoning and development functions, and simplifi-
cation of procedures through the use of consolidated applica-
tion forms. The new forms document the entire process on one
sheet, simplify reviews and approvals, and are accompanied by
instruction sheets for the applicants.
ROSS+associates/Hatley Plans, LLC 26
Land Use Code, Lumpkin County, Georgia
Prepared in close association with a Land Use Plan Update, the
LUC is an approach to plan implementation unique to Georgia.
In this gateway county to the Georgia Mountains, private prop-
erty rights and self-determination came face to face with At-
lanta exurbanites expecting the protection and assurance of
traditional zoning. Having no land use regulations in place, a
citizen-based Community Advisory Group appointed by the
Commissioner fostered public exploration of a wide range of
planning and regulatory approaches. This resulted in a form of
the “one-map” approach in which the regulations encourage
and guide development patterns consistent with the Land Use
Plan without having districted regulations, such as zoning. The
use of character areas, village nodes and corridors on the Land
Use Plan map facilitated the linkage.
Unified Land Development Code, Gainesville, Georgia
The Georgia Zoning Institute, Inc., brought together the consultant and a leading law firm,
Jenkins & Nelson, to prepare a unified code for this major North Georgia city. The new
document has incorporated all of the city's ordinances
relating to land use and development (other than the
Building Code) into a single document, including re-
written or updated zoning, subdivision, signage, flood
and erosion controls, project construction and design
requirements. In addition, the project involved exten-
sive consultation on planning and zoning matters, in-
cluding the restructuring and training of a joint plan-
ning and appeals board and legal advice on a wide
range of zoning issues.
Unified Development Code, Douglas County,
Georgia
In undertaking the Tenth-Year Update to its Compre-
hensive Plan, Douglas County also embarked on re-
writing its land use and development regulations as a
Unified Development Code. Reflecting immediate pri-
orities, several portions went forward for adoption in-
dependently, dealing with noise and signs. The UDC
implements the County’s new requirements for man-
datory consistency with the new Land Use Plan.
ROSS+associates/Hatley Plans, LLC 27
Unified Development Code, Jackson County, Georgia
Jackson County undertook this major rewrite of its
land use and development regulations in concert with
a major overhaul of its Land Use Plan. This enabled
the Plan to be prepared as a policy document to guide
zoning and to require Plan consistency. Cutting-edge
elements of the UDC include environmental protec-
tion requirements, open space conservation subdivi-
sions, master planned developments enabling “new
urbanism” concepts in a rural/suburban setting, and
close association between Land Use Plan guidelines
and UDC requirements.
Unified Land Development Code, Lee's Summit, Missouri
The consultant was part of a blue-ribbon team selected to prepare a unified code for this
fast-growing suburb of Kansas City, along with the nationally recognized law firm of Stin-
son, Mag and Fizzell of Kansas City, and Lohan Associates, a design firm based in Chicago.
The project involved extensive rewrite, consolidation and restructuring of the city's land
use and development regulations, with a major emphasis on urban design elements and the
future livability of this burgeoning community.
Unified Land Development Code, Crisp County, Georgia
Crisp County, a predominantly rural and agricultural county self-styled the “Watermelon
Capital of Georgia,” came under mounting development pressure for retirement and sec-
ond-home development along the shores of Blackshear Lake. The new Unified Land Devel-
opment Code had to address both the expectations of those relocating into the county from
urban and suburban areas as well as the rural quality of life and self-reliant attitudes of
the county’s existing residents. Critical to the success of the project was the creation of
application forms and applicant instructions that facilitated administration of all rezoning
and development permitting activity while recognizing staffing limitations.
ROSS+associates is currently updating the Code reflecting new State laws and recent US
and Georgia Supreme Court rulings.
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.
ROSS+associates/Hatley Plans, LLC 28
Experience with Sign Regulations
ROSS+associates has established a particular expertise in preparing state-of-the-art and state-
of-the-law signage regulations for local governments. The recent Supreme Court Case Reed v
Gilbert has greatly highlighted the need for legal, responsible and defendable sign regulations
that can be clearly understood by the public and enforced by the jurisdiction.
Our approach could be summarized as follows:
• Eliminate any content-based elements of the regulations;
• Clearly address and illustrate how signs are to be measured and placed;
• Fully address the regulation of freestanding signs, signs mounted on buildings, and pro-
ject entrance signs;
• Provide a content-neutral approach to allowing temporary signs;
• Describe all administrative processes, including en-
forcement, appeals and special exceptions;
• Focus heavily on clarity, consistency, and ease of use
and understanding.
The key to a Ross+associates sign ordinance is the extensive
use of photographs (particularly to supplement definitions)
and illustrations. For instance:
Pole Sign
Column Sign
Monument Sign
ROSS+associates/Hatley Plans, LLC 29
Plan Implementation Studies
Natural and Agricultural Resources Preservation Feasibility Study, Carroll
County, Georgia
Faced with increasing development encroachments into
the County’s rural areas, threatening its extensive agri-
cultural base, ROSS+associates was asked to prepare a
feasibility study to implement a farmland conservation
program that would make economic sense to farmers and
developers alike. The study examined natural and agri-
cultural resources throughout the County, as well as
Comprehensive Plan goals for guiding future development
patterns into the cities and urbanizing unincorporated ar-
eas. The implementation plan considered most feasible
and potentially effective included four key program ele-
ments: a TDR (Transfer of Development Rights) program
uniquely structured to avoid the short-comings of “tradi-
tional” TDR programs that had been tried and failed in
Georgia; a fee-based system to compensate for the re-
moval of valuable agricultural activities by new develop-
ment; calibration and implementation of the Land Evaluation and Site Assessment (LESA)
program available through the NRCS; and a management plan to coordinate conservation
activities, land trusts, a land bank and acquired development rights.
Central Perimeter Area Transportation Management Association, Fulton and
DeKalb Counties, Georgia
Creation of the State’s second TMA involved coordination with the private property owners
in the largest Class A Office Market area in Georgia, which also includes three hospitals and
a regional shopping mall. The TMA has been created to implement trip reduction programs
for the 66,000 employees who commute into the area every day, including car pooling, van
pooling, flex hours, public transit and telecommuting, along with support programs such as
a guaranteed ride home, commuter fairs, and promotional materials and activities.
Economic Analysis and Strategy, Stewart Avenue Corridor, Atlanta, Georgia
The consultant served was part of a multi-disciplinary team focused on revitalizing this
commercial corridor in Southeast Atlanta, including programs to positively affect the sur-
rounding neighborhoods. The firm prepared an analysis of the demography of the area's
local and regional market areas, the changes that have occurred within the consumer base,
and economic trends, both positive and negative, that have influenced the corridor over
time. The assignment included development of an economic strategy that will build on the
economic strengths of the area and untapped potential, closely coordinated with urban
design and physical improvement initiatives. The final Redevelopment Plan received the
highest recognition by the Georgia Chapter of the American Society of Landscape Archi-
tects.
ROSS+associates/Hatley Plans, LLC 30
Economic Development Strategy, DeKalb County, Georgia
An Economic Development Strategy was prepared as a
part of the DeKalb County, Georgia comprehensive plan-
ning process and woven into the overall Plan. The strat-
egy included an intensive analysis of population and em-
ployment data for the county, region and state, as well
as personal interviews with business owners and eco-
nomic development providers throughout the metropoli-
tan area. Based on this data and the assistance of a citi-
zens' committee, recommendations for stimulating the
County's economy, the second largest in Georgia, were
proposed.
Strategic Marketing and Promotional Plan, South
Fulton County, Georgia
Development of a Strategic Marketing and Promotional
Plan for South Fulton County was geared toward creating
a comprehensive economic marketing and implementation strategy for retaining and at-
tracting new residential, commercial and industrial development to South Fulton County.
The plan targeted promotional activities appropriate for sub-areas of the study area; pro-
posed physical improvements to the areas gateways and infrastructure base; focused on
development incentives with a proven result-oriented approach; and developed an imple-
mentation plan for carrying out the recommendations. Key to the success of the study
effort has been a broad based partnership of business and residents focused on bringing
major changes to the area.
Community Improvement Districts (CIDs)
These projects involve the preparation of a feasibility analysis for creation of a special tax
district as a Community Improvement District (CID) under Georgia's constitutional author-
ity. Each CID requires the identification of facilities and programs to be funded, creation
of a financing and organizational design, and appropriate local legislation. CID studies have
been completed for the Perimeter Center Area in Fulton and DeKalb Counties, Georgia,
and for the Midtown Atlanta Alliance, Georgia. Assistance provided to Central Atlanta Pro-
gress in developing a CID to supplement City spending for services and improvements of
critical importance to the business community has resulted in creation of the Downtown
Atlanta Improvement District.
ROSS+associates/Hatley Plans, LLC 31
Georgia Impact Fee Clients: Programs and Services
Over the years ROSS+associates has provided impact fee services to a wide range of client cities,
counties and authorities. We are particularly proud of the many repeat “customers” we serve
and, as previously stated, we are the only consultant that “sticks with” our clients to answer
questions or solve issues on a pro bono basis.
Acworth, GA Impact Fee Program
Impact Fee Program Amendment
2001
2006
Alpharetta, GA Impact Fee Program Overhaul 2015
Barnesville, GA Water & Sewer Impact Fees 2005
Barrow County, GA Impact Fee Program CIE 2008
Bryan County, GA Impact Fee Program 2009
Camden County, GA Impact Fee Program
First Annual Update
2008
2010
Canton, GA
Review of Existing Impact Fee Program
Impact Fee Program Amendment
Impact Fee Program Amendment
2008
2010
2019
Carrollton, GA Impact Fee Assessment 2006
Cartersville, GA Impact Fee Program
Annual Update
2007
2008-2010
Catoosa County, GA Impact Fee Program 2005
Cherokee County, GA
Impact Fee Program
First Annual Update
Annual Updates
Impact Fee Program Amendment
Impact Fee Program Amendment
2000
2001
2002-04
2004
2013
Coweta County, GA
Impact Fee Program: Parks & Public Safety
Impact Fee Program: Roads & Sewer
First Annual Update
Impact Fee Program Amendment
2006
2007
2007
2010
Dawson County, GA
Impact Fee Program
Annual Updates
Impact Fee Program Amendment
Impact Fee Program Amendment
2006
2007-2009
2009
2017
Effingham County, GA Assistance with Legal Issues
Assistance with Legal Issues
2006
2010
Ellijay-Gilmer Co Water & Sewer Au-
thority Water & Sewer Impact Fees 2004
ROSS+associates/Hatley Plans, LLC 32
Fayetteville, GA
Impact Fee Program
First Annual Update
Impact Fee Program Amendment
Analysis: County Jail Fee
Annual Updates
Impact Fee Program Amendment
Annual Updates
Sewer Connection Fee Study
Impact Fee Program Amendment
Impact Fee Program Amendment Update
1998
1999
2000
2000
2001-07
2007
2007-17
2012
2017
2018
Flemington, GA Impact Fee Program 2018
Fulton County, GA Impact Fee Program Amendment 2002
Hall County, GA
Impact Fee Program
Impact Fee Program Amendment
Impact Fee Program Update
Impact Fee Program Update
2003
2004
2005
2009
Hampton, GA
Water & Sewer Impact Fees
Impact Fee Program Amendment
Impact Fee Program: Police & Parks
Impact Fee Program Amendment
Annual Update
1993
2001
2006
2008
2010
Henry County, GA
Impact Fee Program
Impact Fee Program Amendment
Impact Fee Program Amendment
1998
2000
2003
Henry County Water & Sewerage Au-
thority
Water & Sewer Impact Fees
Impact Fee Program Amendment
Impact Fee Program Amendment
Impact Fee Program Amendment
Connection Fees Update
1992
1998
2002
2004
2008
Jasper County, GA Impact Fee Program
First Annual Update
2007
2008
Jefferson, GA Impact Fee Program 2005
Jones County, GA Impact Fee Program
First Annual Update
2009
2010
Kennesaw, GA Impact Fee Program Amendment 2010
LaGrange, GA Impact Fee Program Draft 2010
Lee County, GA
Impact Fee Program
First Annual Update
Impact Fee Program Amendment
Annual Updates
2006
2007
2007
2009-2010
Locust Grove, GA Water & Sewer Impact Fees
Impact Fee Program: Parks, Public Safety, Roads
1994
2005
Loganville, GA Water & Sewer Impact Fees 2004
Long County, GA Impact Fee Program 2019
Lumpkin County, GA Impact Fee Assessment 2008
Madison, GA Impact Fee Program
First Annual Update
2009
2010
ROSS+associates/Hatley Plans, LLC 33
McDonough, GA
Water & Sewer Impact Fees
Impact Fee Program: Parks & Public Safety
Impact Fee Program: Roads
Annual Update Report: FY 2016 and 2017
Annual Update FY 2018
Annual Update FY 2019
Impact Fee Program Amendment
1997
2003
2006
2018
2018
2019
Underway
Milton, GA
Impact Fee Program
First Annual Update
Second Annual Update
Third Annual Update
Fourth Annual Update
2015
2016
2017
2018
2019
Newton County, GA
Impact Fee Program
Impact Fee Program Amendment
Annual Update
2003
2005
2006
Peachtree City, GA Impact Fee Program Amendment
Impact Fee Program Amendment
2009
2017
Pike County, GA Impact Fee Program
First Annual Update
2006
2008
Rockdale County, GA
Impact Fee Program
Annual Update
Annual Update Review
Impact Fee Program Amendment
Annual Updates
Annual Update FY 2017
Annual Update FY 2018
Impact Fee Program Amendment
2005
2006
2008
2010
2010-16
2018
2019
Underway
Roswell, GA
Impact Fee Program Amendment
Annual Update
Annual Update Reviews
2000
2001
2002-2008
Sandy Springs, GA Impact Fee Program Amendment 2016
Senoia, GA
Impact Fee Program
First Annual Update
Impact Fee Program Amendment & Update
2003
2004
2006
Spalding County, GA
Impact Fee Program
Impact Fee Program Amendment
Impact Fee Program Amendment
2005
2007
2017
St. Marys, GA Water & Sewer Impact Fees 2001
Stockbridge, GA Water & Sewer Impact Fees
Impact Fee Program Amendment
1992
1998
Thomas County, GA
Impact Fee Program
Annual CIE Updates
Impact Fee Program Amendments
2007
2008-19
2014 & 2016
Troup County, GA Impact Fee Program
Annual Update
2009
2010
Walton County, GA
Impact Fee Program
Annual Updates:
Annual Update
Impact Fee Program Amendment
2005
2006-08
2010
Underway
ROSS+associates/Hatley Plans, LLC 34
Woodstock, GA Impact Fee Program 2008
Zebulon, GA Water & Sewer Impact Fees 2006
Work Performed for Public Entities
The following table provides a listing of all past and on-going work performed for public entities
over the past many years, and includes contact names and telephone numbers for those familiar
with the work if they are still with the entity (or otherwise if their current location is known).
All of the projects were accomplished under the direction of William F. Ross, along with sub-
contractors brought in on a case-by-case basis.
Client/Job Contact Phone #
Impact Fee Analyses and Ordinances
Acworth, GA Brian Balthuis, City Manager 770-974-3112
Alpharetta, GA Tom Harris, Finance Director 678-297-6094
Barnesville, GA Bill White, Stevenson & Palmer 770-952-2481
Barrow County, GA Keith Lee, County Administrator 770-307-3506
Bryan County, GA Phil Jones, County Manager 912-653-3835
Canton, GA Ken Patton, Planning Director 770-704-1522
Camden County, GA John Peterson, Senior Planner 912-510-4315
Carrollton, GA Charles Griffin, Planning Director 770-830-2000
Cartersville, GA Randy Mannino, Planning Director 770-387-5600
Catoosa County, GA Don Hutelin, Advisory Committee Chair 423-400-3608
Cherokee County, GA Jeff Watkins, Director of Planning and Land Use 678-493-6101
Coweta County, GA Theron Gay, County Manager 770-254-2601
Dawson County, GA Billy Thurman, County Commission Chairman 706-525-9255
Effingham County, GA, Legal Issues Eric Gotwalt, County Attorney 912-754-2111
Ellijay-Gilmer Co Water & Sewer Auth. Gary McVey 706-276-2202
Fayetteville, GA Mike Bush, Finance Director 770-719-4169
Flemington, GA Paul Hawkins, Mayor 912-877-3223
Hall County, GA Phil Sutton, former Asst. County Manager
Hampton, GA Alex Cohilas, City Manager 770-946-4306
Henry County, GA Tom Couch, former Asst. County Administrator 912-764-0101
Henry County Water & Sewerage Auth. Roderick Burch, Water & Sewerage Auth. 770-957-6659
Jasper County, GA Chris Anderson, Planning Director 706-468-4905
Jefferson, GA Jim Joiner, Mayor 706-367-5121
Jones County, GA Mike Underwood, County Manager 478-986-8219
Kennesaw, GA Darryl Simmons, Planning Director 770-590-8268
LaGrange, GA Tom Hall, City Manager 706-883-2010
ROSS+associates/Hatley Plans, LLC 35
Client/Job Contact Phone #
Lee County, GA Alan Ours, former County Manager 912-554-7401
Locust Grove, GA Rick Jefferies, City Manager 770-957-5043
Loganville, GA Bill Jones, City Manager 770-466-1165
Long County, GA Robert Parker, County Commission Chairman 912-977-0305
Madison, GA David Nunn, City Manager 706-342-1251
McDonough, GA Rodney Heard, Community Development Director 678-782-6241
Newton County, GA John Middleton, County Manager 770-784-2000
Pike County, GA Tommy Burnsed, County Manager 770-567-3406
Rockdale County, GA Kc Krzic, Planning Director 770-278-7135
Roswell, GA Jerry Weitz, former Roswell Planner 404-502-7228
Sandy Springs, GA Jim Tolbert, Assistant City Manager 770-206-1418
Senoia, GA Richard Ferry, City Manager 770-599-3679
Spalding County, GA William Wilson, County Manager 770-467-4233
Thomas County, GA Mike Stephenson, County Manager 229-225-4100
Troup County, GA Nancy Seegar, Planning Director 706-883-1650
Walton County, GA Mike Martin, Planning Director 770-267-1354
Woodstock, GA Richard McLeod, Former Planning Director 678-297-6072
Zebulon, GA Kathleen Birney, Special Projects Dir 770-567-8748
Comprehensive Plans, Land Use Plans, Short-Term Work Programs
Acworth, GA, Livable Centers Initiative Brian Bulthuis, City Manager 770-974-3112
Atlanta, GA - Stewart Ave. Revitalization
Plan Tom Walsh, Tunnell-Spangler 404-872-4714
Bulloch County, GA, I-16/US 301 Master Re-
development Plan Tom Couch, County Manager 912-764-6245
Camden County, GA, Master Land Use Plan John Peterson, Planning Director 912-510-4315
Canton, GA, Comprehensive Plan Ken Patton, Director of Community Development 770-704-1522
Carroll County, GA, Natural and Agricultural
Resources Preservation Study Kevin Jackson, County Commissioner 770-838-1259
Cartersville, GA, Comprehensive Plan Randy Mannino, Planning Director 770-382-5600
Chamblee, GA Kathy Brannon, City Clerk 770-986-5010
Cherokee County, Ball Ground and Waleska Jeff Watkins, Planning Director 678-493-6107
Columbia County Comprehensive Plan 2016 Andrew Strickland, Planning Director 706-312-7268
Douglas County, GA, Comprehensive Plan Eric Linton, County Manager 770-920-7244
Dunwoody, GA, Capital Improvements Ele-
ment and Implementation Strategy Mike Tuller, Former Planning Director 770-712-7782
Etowah Water & Sewer Authority Brooke Anderson, Executive Director 706-344-9514
ROSS+associates/Hatley Plans, LLC 36
Client/Job Contact Phone #
Fulton County, GA, Hartsfield Impact Study
-- Land Use element
Dr. James Faison, Fulton Co Environment & Com-
munity Dev. 404-730-8000
Ga DOT, State Route 316 Land Use Impact Jay Pease, PBS&J 770-933-0280
Gainesville-Hall County, GA, Joint Compre-
hensive Plan Randy Knighton, County Administrator 770-531-6809
Gainesville-Hall County, GA, MTP 2040 Srikanth Yamala, Planning Director 770-531-6809
Hall County Comprehensive Plan 2017 Srikanth Yamala, Planning Director 770-531-6809
Henry County, Stockbridge, Locust Grove &
Hampton, GA, Joint Comprehensive Plan Jim Risher, Former County Administrator 770-957-5340
Lilburn, GA, Livable Centers Initiative Joddie Gray, UrbanTrans Inc. 404-745-9400
Jackson County, GA, Land Use Plan Update Dan Schultz, former County Planning 770-986-5010
Lumpkin County Future Land Use Update Kathy Duck, CAG Chair 800-241-7951
Oconee County, Bishop, Bogart, North High
Shoals and Watkinsville, GA, Joint Compre-
hensive Plan
Wayne Provost, Director of Long-Range and Stra-
tegic Planning 706-769-2921
Rome-Floyd County, GA Tom Sills, former Planning Director 770-854-6026
Roswell, GA Comprehensive Plan Jerry Weitz, former Planning Director 770-751-1203
Spalding County Comprehensive Plan 2017 William Wilson, County Manager 770-467-4233
Suwanee, GA Comprehensive Plan, Afforda-
ble Housing Study, Mixed-Use Development
Assessment
Marty Allen, City Manager 770-945-8996
Woodstock, GA, Comprehensive Plan Up-
date Richard McLeod, Former Planning Director 678-297-6072
Zoning and Unified Land Development Codes
Athens-Clarke County, GA Al Crace, former Manager 706-367-6335
Banks County, GA Jenni Gailey, County Clerk 706-677-6200
Barrow County, GA Keith Lee, County Manager 770-307-3506
Bulloch County, GA – Design Standards and
PUD rewrite Tom Couch, County Manager 912-764-6245
Camden County, GA John Peterson, Planning Director 912-510-4315
Chamblee, GA - Sign Ordinance Kathy Brannon, City Clerk 770-986-5010
Columbus, GA Rick Jones, Director of Planning 706-653-4116
Crisp County, GA Connie Youngblood, Planning Director 912-276-2672
Dalton-Whitfield County – Review of Unified
Zoning Ordinance
Barnett Chitwood, Northwest Georgia Regional
Commission 706-272-2300
Douglas County, GA Eric Linton, County Manager 770-920-7244
ROSS+associates/Hatley Plans, LLC 37
Client/Job Contact Phone #
Douglasville, GA - Sign Ordinance Susan Littlefield, Asst. City Attorney 770-920-3000
Douglasville, GA - Zoning & Development
Codes Michelle Wright, Planning Director 770-920-3000
Duluth, GA – Unified Development Code James Riker, City Manager 770-476-1790
East Point, GA Chuck Taylor, former Assistant Planning Director 770-467-4254
Gainesville, GA Kip Padgett, City Manager 770-531-6570
Hawkinsville, GA Nicky Cabero, City Manager 912-892-3240
Jackson County, GA B.R. White, former Planning Director 706-769-3916
Lee's Summit, Missouri Steve Chinn, Stinson, Mag & Fizzell, PC 816-691-3183
Lumpkin County (Land Use Code) Steve Gooch, Commissioner 706-864-3742
Morgan County, GA Chuck Jarrell, Director of Planning and Develop-
ment 770-467-4254
Newnan, GA Tracy Dunnavant, Planning Director 770-254-2354
Oconee County, GA Wayne Provost, Strategic Planning Dir 706-769-2921
Powder Springs, GA Pam Conner, City Manager 770-439-2500
Sheffield, Alabama Linda Wright, Admin. Assistant 256-383-0250
Walton County, GA Charna Parker, Asst. Planning Director 770-267-1354
Sign Regulations and Ordinances
Duluth, GA James Riker, City Manager 770-476-1790
Newnan, GA Tracy Dunnavant, Planning Director 770-254-2354
Pooler, GA Robert Byrd, City Manager 912-748-7261
Richmond Hill, GA Chris Lovell, City Manager 912-756-3345
Expert Testimony, Lawsuits
Newton County Homebuilders v. Newton
County (Impact Fees) Andy Davis, Attorney 706-291-8853
Bo-Rome v. Rome, GA Andy Davis, Attorney 706-291-8853
Save Etowah Terrace v. Rome, GA Andy Davis, Attorney 706-291-8853
Davis Concrete v. Acworth, GA Frank Jenkins, Attorney 770-387-1373
GMHA v. Spalding County, GA Frank Jenkins, Attorney 770-387-1373
Columbus Quarry v. Harris County, GA Frank Jenkins, Attorney 770-387-1373
HBAMA v. Cherokee County, GA (Impact
Fees) Frank Jenkins, Attorney 770-387-1373
ROSS+associates/Hatley Plans, LLC 38
Client/Job Contact Phone #
Tusk v. McDonough, GA Frank Jenkins, Attorney 770-387-1373
Vulcan v. Bartow County, GA Frank Jenkins, Attorney 770-387-1373
Dahlonega, GA – Fieldale Rezoning J. Douglas Parks, City Attorney 706-864-4184
Dahlonega, GA – Jim Parks Rezoning and
Variances J. Douglas Parks, City Attorney 706-864-4184
Graham v. Roswell, GA Mike Sullivan, City Attorney 404-658-9070
Lifestyle Communities v. Roswell Regina Reid, Attorney 770-932-3552
Pinnacle Properties v. Roswell Regina Reid, Attorney 770-932-3552
McLaughlin v. Cherokee County, GA Robert Wright, Attorney 404-614-7514
Nix v. Gainesville, GA Robert Wright, Attorney 404-614-7514
Southlake Property v. Morrow Laurel Henderson, Attorney 770-478-5555
Williams, et al. v City of Pooler, GA (Impact
Fees) Patrick O'Connor, Attorney 912-236-3311
Training City and County Officials
Carl Vinson Institute of Government (UGA) Crissy Marlowe 706-542-2736
Columbus Consolidated Government Rick Jones 706-225-3936
City of Dunwoody Eric Linton 678-382-6700
Georgia Ass’n of Zoning Administrators Pauletta Rogers 706-542-9501
Georgia Planning Association Richard Osborne 770-608-4758
Three Rivers Regional Commission Lanier Boatwright, Executive Director 678-692-0510
Northwest Georgia Regional Commission David Howerin, Planning Director 706-295-6485
Middle Georgia Regional Commission Ralph Nix, Executive Director 478-751-6160
North Georgia RDC (now NW RC) Barnett Chitwood, Planning Director 706-272-2300
EXHIBIT “C”
x
EXHIBIT "D"
STATE OF ------COUNTYOF -----
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91,
stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance
of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the
federal work authorization program commonly known as E-Verify, or any subsequent replacement
program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.
Furthermore, the undersigned contractor will continue to use the federal work authorization program
throughout the contract period and the undersigned contractor will contract for the physical performance of
services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor
with the information required by O.C.G.A. § 13-10-91(b).
Contractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:
Federal Work Authorization User Identification
Number
Date of Authorization
William F. Ross (d/b/a Ross+associates)
Name of Contractor
Impact Fee Plan Consulting Services
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on <:)u l.,,. (5 , 20?v in
-----......-� __ (city), __ (state). \ A J(Yvi;��---signMre of Authorized Officer or Agent
lA>-:-lC��M. £. �5 s
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE \.51""DAY OF
-=2----'---'--'-'--1---' 20 LO
[NOTARY SEAL]
My Commission Expires: 3 18 ( 2....0 2_(/
Georgia
Morgan
EXHIBIT “E”
STATE OF _____________
COUNTY OF ___________
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13 -10-
91, stating affirmatively that the individual, firm or corporation which is engaged in the physical
performance of services under a contract with William F. Ross (d/b/a Ross+associates) on behalf of the
City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization
program commonly known as E-Verify, or any subsequent replacement program, in accordance with the
applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned
subcontractor will continue to use the federal work authorization program throughout the contract period,
and the undersigned subcontractor will contract for the physical performance of services in satisfaction of
such contract only with sub-subcontractors who present an affidavit to the subcontractor with the
information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward
notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days
of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an
affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within
five (5) business days of receipt, a copy of the notice to the contractor.
Subcontractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:
_________________________________
Federal Work Authorization User Identification
Number
_________________________________
Date of Authorization
_________________________________
Name of Contractor
Impact Fee Plan Consulting Services
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on _________, 20__ in
_____________________ (city), ______ (state).
_________________________________
Signature of Authorized Officer or Agent
_______________________________
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE ______ DAY OF
______________, 20___.
_________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
_________________________________
EXHIBIT “F”
The following individuals are designated as Key Personnel under this Agreement and, as such,
are necessary for the successful prosecution of the Work: See Exhibit B
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 16, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Retirement Agreement for Jim Cregge
MEETING DATE: Monday, July 20, 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: __________
July 20,2020
X
X
X
X
1 Initial ______ / ______
RETIREMENT AGREEMENT AND
FULL AND FINAL RELEASE OF CLAIMS
This Retirement Agreement and Full and Final Release of Claims (“Agreement”) is made
and entered on this ____ day of ____________, 2020 (the “Effective Date”), and made and
entered into by and between the City of Milton (the “City”) and Jim Cregge (“Jim”) (all
hereinafter referred to as “the Parties to this Agreement”).
1. SETTLEMENT.
The City and Jim wish to settle fully and finally any and all differences and disputes
between them, including, but not limited to, any claims arising out of Jim’s employment
with and retirement from the City.
2. CONSIDERATION.
Jim covenants and agrees to waive and release any and all claims relating to him
employment with and retirement from the City as detailed in Paragraph 3. The City also
covenants and agrees to waive and release any and all claims relating to Jim’s
employment with and retirement from the City, as detailed in Paragraph 3.
The City and Jim covenant and agree that:
A. Jim has elected to voluntarily retire from his employment with the City, which
retirement shall become effective upon Jim’s signature execution of this
Agreement.
B. Upon Jim’s retirement, Jim will receive compensation in the amount of
$10,807.20, for leave accrual, and $23,414.50, representing 3 months of
severance with appropriate payroll deductions made at his regular rate. The lump-
sum payment will be issued in check form and delivered to Jim or direct deposited
to an account designed by Jim within three business days of the Effective Date
assuming both parties have signed this Agreement.
C. After his retirement date, Jim shall be entitled to three months of insurance
benefits paid for by the City. Jim may elect to pursue continued health coverage,
pursuant to COBRA, and shall be entitled to any vested benefits and rights Jim
has under the City’s qualified retirement and/or pension plans.
D. The City will not contest Jim’s application, if any, for unemployment insurance
benefits.
2 Initial ______ / ______
3. FULL AND FINAL RELEASE.
Jim, for himself, his attorneys, dependents, heirs, executors, administrators, personal
representatives, successors, beneficiaries and assigns, fully, finally, and forever releases
and discharges the City, and all of its divisions, departments, offices, affiliates, officers
elected and appointed persons, officials, employees, servants, agents, insurers, and
attorneys, in their official and individual capacities, together with their predecessors,
successors, and assigns, both jointly and severally (collectively the “City Released
Parties”), of and from all charges, complaints, claims, liabilities, obligations, promises,
agreements, controversies, damages, actions, causes of action, suits, rights, demands,
costs, losses, debts, and expenses of any nature whatsoever, known or unknown,
suspected or unsuspected, as a result of actions, representations, or omissions occurring
through Jim’s effective retirement date, as set forth in Paragraph 2 above. Specifically
included in this waiver and release are, among other things, any and all claims regarding
the deprivation of civil, constitutional, or equal rights under local, state, or federal law
including, but not limited to, 42 U.S.C. §§ 1981, 1983, 1985, 1986 and/or 1988; Title VII
of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age
Discrimination in Employment Act (“ADEA”); the Americans with Disabilities Act
(“ADA”); the Older Workers Benefit Protection Act; and the Rehabilitation Act of 1973, as
well as any claims for alleged wrongful discharge, negligent retention or hiring, sexual
harassment, assault, battery, retaliation, negligent or intentional infliction of emotional
distress, breach of contract, fraud, or any other unlawful behavior.
Notwithstanding any other provision of this Paragraph of this Agreement, Jim does not
hereby waive any rights or claims for which waivers or releases are prohibited by
applicable law or any rights or claims under the ADEA or under this Agreement that may
arise after the effective date of this Agreement, which for purposes of this Agreement
shall be the day on which the Agreement is executed by Jim.
The City hereby voluntarily, knowingly, and intentionally releases, remises, waives,
acquits, and discharges Jim and him attorneys, dependents, heirs, executors,
administrators, personal representatives, successors, beneficiaries, and assigns from any
and all actions, causes of action, claims, demands, losses, damages, costs, expenses,
judgments, liens, indebtedness, liabilities, and attorney’s fees (including, but not limited
to any claims of entitlement for atorney’s fees under any contract, statute, or rule of law
allowing a prevailing party or plaintiff to recover attorney’s fees), of every kind and
description, known or unknown, from the beginning of time through the date hereof.
Without in any way retricting the generality of the foregoing, this Section shall apply to
all manner of actions, causes of action, claims, or demands directly or inderctly related to
or arising out of or in connection with the City’s relationship with Jim as an employee of
the City or the cessation of such relationship immediately following Jim’s retirement
date.
3 Initial ______ / ______
4. CONSULTATION WITH ATTORNEY.
The City hereby advises Jim in writing to consult with an attorney prior to executing this
Agreement and waiver of claims under the ADEA. The City agrees to reimburse Jim for
the actual attorney’s fees incurred by Jim for the review and negotiation of this
Agreement in an amount not to exceed $2,000.
5. TWENTY-ONE DAY REVIEW PERIOD PROVIDED.
Jim hereby acknowledges that, in accordance with federal law, he has been allowed up to
twenty-one (21) days to consider whether to execute this Agreement and that he has had
sufficient time to read and consider this Agreement before executing it. Jim
acknowledges that he has received valuable and good consideration to which Jim is not
otherwise entitled in exchange for him execution of this Agreement and executes this
Agreement voluntarily, with a full understanding of its significance, and intending to be
bound by its terms.
6. SEVEN-DAY REVOCATION PERIOD.
Jim may revoke and cancel this Agreement at any time within seven (7) days after Jim’s
execution of this Agreement by providing written notice to the City in the manner
prescribed herein. If Jim does so revoke, this Agreement will be null and void and the
City shall have no obligation to provide any consideration to Jim including, but not
limited to that specified in Paragraph 2 of this Agreement. This Agreement shall not
become enforceable until after the expiration of the seven (7) day revocation period; after
such time, if there has been no revocation, the Agreement shall be fully enforceable. In
the event that Jim chooses to revoke the Agreement, Jim or him counsel shall notify the
City by facsimile and e-mail to its designated agent for this purpose, Ken E. Jarrard,
Attorney at Law, Jarrard & Davis, LLP, 222 Webb Street, Cumming, Georgia, 30040
with the facsimile number (678) 455-7149 and the e-mail address of kjarrard@jarrard-
davis.com, no later than 5:00 p.m. on the last day of the revocation period.
7. NO OTHER CLAIMS.
Jim acknowledges and represents that he does not have any pending claims or charges
against the City. Jim also acknowledges and represents that he will not file, or assign to
others the right to file, or make claims or charges against the City at any time for actions,
representations, or omissions covered by the Full and Final Release provisions in
Paragraph 3 of this Agreement.
Jim also acknowledges and represents that he has received all leave required under the
Family and Medical Leave Act of 1993, as amended (“FMLA”), and does not claim that
the City violated or denied him rights under the FMLA. Jim further acknowledges and
represents that he was properly classified under the Fair Labor Standards Act of 1938, as
amended (“FLSA”), has been fully paid (including any overtime to which he was
entitled, if any) for work performed for the City, and does not claim that the City violated
or denied him rights under the FLSA.
4 Initial ______ / ______
The City acknowledges and represents that it does not have any pending claims or
charges against Jim. The City also acknowledges and represents that it will not file, or
assign to others the right to file, or make claims or charges against the City at any time
for actions, representations, or omissions covered by the Full and Final Release
provisions in Paragraph 3 of this Agreement.
8. RETURN OF PROPERTY.
Jim states that, in accordance with him existing and continuing obligations to the City, he
has returned, or will return to the City by him Retirement Date, all property of the City,
including, but not limited to, keys, files, records, maps, computer access codes, and
computer programs, instruction manuals, business plans, financial records, and other
property which Jim maintained, prepared or helped to prepare in connection with him
employment with the City. In no event will Jim remove any such items off the premises
of the City, or duplicate any such items for removal from the City’s premises.
9. COOPERATION.
Jim agrees to fully cooperate with the City in any and all investigations, inquiries, or
litigation in any judicial, administrative, or public, quasi-public, or private forum, in
which the City are involved, whether or not Jim is a party to or a subject of such
investigations, inquiries, proceedings, or litigation. Jim shall provide such testimony,
background information, and other support and cooperation as the City may reasonably
request. Jim acknowledges, agrees, and covenants that he will not voluntarily disclose
any information related to personnel, payroll, risk management, claims, insurance, or
attorney-client privileged matters, or any other information that is sensitive, private, and
confidential, received during the course and scope of him employment to any person or
entity except the City Manager or his designee. Jim further agrees that he will not
directly or indirectly cooperate or assist with the initiation or advancement of any claims,
lawsuits, actions, or demands against the City on behalf of himself, with the exception of
those claims specifically excepted in Paragraph 2 of this Agreement, or any other
individual, unless subpoenaed or otherwise ordered by a court of law.
10. NON-DISPARAGEMENT.
A. Jim agrees that he will not make statements to anyone that is in any way
disparaging or negative towards the City.
B. The City agrees that all agents and employees who have been involved in
any matters involving Jim will not make statements to employees of the
City, members of the public, or potential employers of Jim that are in any
way disparaging or negative towards Jim.
C. In the event a potential employer of Jim seeks a reference from the City,
the City agrees to limit the reference to verification of dates of
employment, position title, and salary.
5 Initial ______ / ______
11. NON-ADMISSION OF LIABILITY OR WRONGFUL CONDUCT.
The Agreement shall not be constituted as an admission of any liability, wrongdoing,
retaliation, or discrimination, nor shall it be considered to be evidence of such liability,
wrongdoing, retaliation, or discrimination by the Parties to the Agreement, all of whom
hereby affirmatively deny any wrongdoing.
12. CONFIDENTIALITY.
A. The nature and terms of this Agreement are strictly confidential and they
have not been and shall not be disclosed by Jim to any other person,
except Jim’s lawyers, spouse, financial advisors, or federal and state
taxing agencies, without the prior written consent of the City, and except
as necessary in any legal proceedings directly related to the provisions and
terms of this Agreement, to prepare and file income tax forms, pursuant to
court order after reasonable notice to the City, or otherwise as required by
law including, but not limited to, the Georgia Open Records Act,
O.C.G.A. § 50-18-70, et seq.
B. Likewise, the City has not and will not disclose the nature and terms of
this Agreement at any time to any person other than City officials,
lawyers, auditors, or accountants that have a legitimate business reason to
know such information, except as necessary in any legal proceeding
directly related to the provisions and terms of this Agreement, to prepare
and file income tax or claim forms, pursuant to court order after
reasonable notice to Jim, or otherwise as required by law.
13. GOVERNING LAW.
This Agreement shall be interpreted under the laws of the State of Georgia.
14. SEVERABILITY.
The provisions of this Agreement are severable, and if any part of this Agreement is
found by a court of law to be unenforceable, the remainder of the Agreement will
continue to be valid and effective.
15. SOLE AND ENTIRE AGREEMENT.
This Agreement sets forth the entire agreement between the Parties. Any prior
agreements between or directly involving the Parties to the Agreement are superseded by
the terms of this Agreement and thus are rendered null and void. However, any prior
agreements between the Parties related to inventions, business ideas, and confidentiality
of corporate information remain intact.
6 Initial ______ / ______
16. NO OTHER PROMISES.
Jim affirms that the only consideration for him signing this Agreement is that set forth in
Paragraph 2, that no other promises or agreements of any kind have been made to or with
him by any person or entity to cause him to execute this document.
17. ADVICE OF COUNSEL.
Jim acknowledges both that he fully understands him right to discuss all aspects of this
Agreement with his attorney and that he has been given a reasonable period of time to
consider whether he should execute this Agreement. Jim acknowledges and represents
that he has read this Agreement in full and, if desired with advice of him counsel,
understands and voluntarily consents and agrees to each and every provision contained
herein.
18. SIGNATURE.
The Agreement may be signed in counterparts.
19. LEGALLY BINDING AGREEMENT.
Jim understands and acknowledges that (A) this is a legally binding Agreement that
includes a full release of claims; (B) by signing this Agreement, he is hereafter barred
from instituting claims against the City and/or the City Released Parties in the manner
and to the extent set forth herein and (C) this Agreement is final and binding.
The City understands and acknowledges that (A) this is a legally binding Agreement that
includes a full release of claims; (B) by signing this Agreement, the City is hereafter
barred from instituting claims against Jim in the manner and to the extent set forth herein;
and (C) this Agreement is final and binding.
PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF
ALL KNOWN AND UNKNOWN CLAIMS.
[signatures on next page]
7 Initial ______ / ______
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date
shown below.
__________________________________________
Jim Cregge
Date: ___________________
CITY OF MILTON, GEORGIA
__________________________________________
By:
Title:
Date: ___________________
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 14, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Construction Services Agreement between the
City of Milton and Complete Demolition Services, LLC at the
Former Milton Country Club – Active Area
MEETING DATE: Monday, July 20, 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: __________
July 20, 2020
X
X
X
X
To: Honorable Mayor and City Council Members
From: Parag Agrawal, Community Development Director
Date: Submitted July 6, 2020 for the July 20, 2020 Regular City Council
Meeting
Agenda Item: Approval of a Construction Services Agreement between the City
of Milton and Complete Demolition Services, LLC at the Former
Milton Country Club – Active Area
_____________________________________________________________________________________
Department Recommendation: Approval.
Executive Summary:
Contractor will perform the Demolition of the exterior detached accessory
buildings/structures at the former Milton Country Club in accordance with the Phase 1
portion of the Master Plan as approved by the Mayor and Council at the August 19, 2019
meeting.
This work will include the Storage Building, Pole Barn Building, Awards structure, Driving
Range Structure, Yard Fencing Enclosure and associated Concrete Driveway in its
entirety.
Procurement Summary:
Purchasing method used: Bid Award-ITB (Over $50,000)
Account Number: 300-6110-541300102
Requisition Total: $ 13,800.00
Other quotes or bids submitted (vendor/$)
Vendor/Firm Quote/Bid
Complete Demolition Services, LLC $13,800.00
RTF Services, LLC $15,275.00
Prime Contractors, Inc $24,635.00
Southern Demolition, LLC $29,990.00
Southern Environmental Services, Inc $38,488.00
Tri Scapes, Inc $42,000.00
Anderson Environmental, Inc $59,372.65
Wrecking Corp of America, LLC $68,000.00
ABUCK, Inc $85,680.00
Financial Review: Bernadette Harvill, July 8, 2020
Legal Review: Sam VanVolkenburgh, Jarrard & Davis, June 6, 2020
Concurrent Review: Steve Krokoff, City Manager
Attachment: Construction Services Agreement – Short Form
HOME OV41E BEST OUAUTY OF OF IN GEORGIA'
MILTON
ESTABLISHED 2006
CONSTRUCTION SERVICES AGREEMENT — SHORT FORM
Exterior Demolition of Accessory Buildings — Former Milton Country Club
This Construction Services Agreement (the "Agreement") is made and entered into this day of ,
2020 (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, located at 2006 Heritage Walk,
Milton, Georgia 30004 (hereinafter referred to as the "City"), and Complete Demolition Services, LLC, a Georgia limited
liability company having its principal place of business at 491B Castleman Rd, Carrollton, Georgia 30112 (hereinafter
referred to as the "Contractor"), collectively referred to herein as the "Parties".
WITNESSETH THAT:
WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and
WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work (defined below)
and desires to perform the Work under the terms and conditions provided in the Contract Documents (defined below).
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 from Contractor, attached hereto as "Exhibit B";
C. Performance and Payment Bonds, attached hereto collectively as "Exhibits C";
D. Contractor Affidavit, attached hereto as "Exhibit D";
E. Subcontractor Affidavit, attached hereto as "Exhibit E"; and
F. City of Milton Code of Ethics (codified in the official Code of the City of Milton).
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.
Section 2. The Work: A general description of the Project is as follows: The Contractor will perform exterior
demolition of the accessory buildings, structures, and concrete driveway as specified in "Exhibit A". This will include
removal of the entire highlighted area of concrete indicated on the map found at Attachment A to "Exhibit A," as well as
the removal and cleanup of all demolished items. The project site is located at 1785 Dinsmore Rd, Milton, Georgia 30004
(the "Project'). The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the
work described in the Scope of Work provided in "Exhibit A", attached hereto and incorporated herein by reference. The
Work 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.
Section 3. Contract Term; Termination: Contractor understands that time is of the essence of this Agreement and
C011titrUCl01I Se: vices A reclnent 1 1"ersion 1.0
warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the
progress of the Work. Contractor shall commence Work pursuant to this Agreement within ten (10) calendar days of the
start date specified in the "Notice to Proceed" issued by the City and shall fully complete the Work within seven days of
beginning the Work. The City may terminate this Agreement for convenience at any time upon providing written notice
thereof to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City
shall pay Contractor for Work performed to date in accordance with Section 5 herein.
Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price (defined below) shall
require a written change order executed by the City in accordance with its purchasing regulations.
Section 5. Compensation and Method of Payment: The total amount paid under this Agreement as compensation
for Work performed and reimbursement for costs incurred shall not, in any case, exceed $13,800.00 ("Contract Price"),
except as outlined in Section 4 above. The compensation for Work performed shall be based upon a flat fee, and Contractor
represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement.
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 principles of Contractor's
industry, Contractor will give written notice thereof immediately to the City.
City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City's certification that
the Work was actually performed and costs actually incurred in accordance with this Agreement. No payments will be
made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall
be paid to Contractor upon the City's receipt and approval of a single invoice, along with all supporting documents required
by the Contract Documents or requested by the City to process the invoice. The invoice shall be submitted upon completion
of the job, and such invoice shall reflect costs incurred versus costs budgeted. The invoice shall be accompanied by a
Waiver and Release upon Final Payment procured by the Contractor from all subcontractors in accordance with O.C.G.A.
§ 44-14-366 (if subcontractors are used).
Section 6. Covenants of Contractor:
A. Ethics Code; Conflict of Interest. 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 its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by
this Agreement. 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. Expertise of Contractor; 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 City will not, and need not, inquire into
adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the
acceptance or approval of any 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 and shall not relieve Contractor of the responsibility for
adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards.
C. 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
Construction Services Agreement i Version 1.0
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.
D. Contractor's Representative, Meetings. James Morehead shall be authorized to act on Contractor's behalf with
respect to the Work as Contractor's designated representative. Contractor shall meet with City's personnel or designated
representatives to resolve technical or contractual problems that may occur during the term of this Agreement at no
additional cost to City.
E. 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. 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 and payment of subcontractors,
agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other
regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right 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. Inasmuch as the City and the Contractor are independent of each other, neither
has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless
otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the
City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized,
in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall
assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express
knowledge and prior written consent of the City.
F. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all
responsibility for the Work rendered in connection with this Agreement. 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. 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 a 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 negligent 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. To the extent the obligation pertains to engineering/design work of the Contractor, the
obligation shall be limited only to the indemnification (and not defense) of City for harm caused by the negligence of the
Contractor and its agents. 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. This obligation
to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this
Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance
of this Agreement.
G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance
of the types and amounts approved by the City, as shown on Exhibit "A".. Contractor shall also ensure that any
subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such
coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement
is specifically waived in writing by the City, Contractor shall ensure that its insurer waives all rights of subrogation against
the City for losses arising from Contractor's Work and that the City and its officials, employees or agents are named as
additional insureds.
H. 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
Construction Servic:cs Aurcernent Version 1.0
the City has elected to include such bond requirements as exhibits to this Agreement, the Contractor shall provide a
Performance and Payment bond on the forms attached hereto as "Exhibit C" 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.
I. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, nor
delegate any duties of, this Agreement, without the prior express written consent of the City.
J. 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 "D" and "E"
(affidavits 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 D", and submitted such affidavit to City or provided the City with evidence that it is not
required to provide such an affidavit because it is an individual licensed and in good standing as noted in 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 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 E", 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
subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City
within five (5) business days of receipt. 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.
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.] [CHECK ONE]
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.
K. 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.
L. Licenses. Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain 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. The Contractor
('r)n,omctwii Sc icc,:Agrccmcw ! Vcrsiun 1.0
shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or
customarily secured for proper execution and completion of the Work.
M. Authority to Contract. The individual executing this Agreement on behalf of 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.
N. 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 ("Materials") shall
be the property of the City, and the City shall be entitled to full access and copies of all such Materials in the form prescribed
by the City. 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.
O. 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 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.
P. Contractors Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the
Contractor 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
Construction Seiviccs Ajreenien', Version 1.0
negotiation process: (a) the Contractor shall avoid any appearance of impropriety and shall follow all ethics and conflict-
of-interest policies and procedures of the City; (b) the Contractor shall immediately disclose to the City any material
transaction or relationship, including, but not limited to, that of the Contractor, the Contractor's employees, or the
Contractor'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 Contractor 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 7. Final Proiect Documents; Warranty: Prior to final payment, Contractor shall deliver to City copies of
any 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. Contractor shall repair or replace all defects
in materials, equipment, or workmanship appearing within one (1) year from the date of completion at no additional cost to
the City.
Section 8. Miscellaneous:
A. Complete Agreement, Counterparts; Third Party Rights. 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. 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. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with
any remedy, claim, liability, reimbursement, cause of action or other right.
B. Governinp- Law; Business License; Proper Execution. This Agreement shall be governed by and construed in
accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to
this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern
District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the Tenn
of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no
such license is required. 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 applicable 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.).
C. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in
writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third 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 first given above or at a substitute address
previously furnished to the other Party by written notice in accordance herewith.
D. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one
specified in such waiver, and that one only to the extent specifically stated. Nothing contained in this Agreement shall be
construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities.
E. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Contractor represents that it has
reviewed and become familiar with the Contract Documents, the nature and extent of 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. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the
Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the
Contractor. 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
Construction Services A reeniont 1 Version 1.0
modifying words such as "all' and "any" and articles such as "the" and "an," but the fact that a modifier or an article is
absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any
article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of
competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement
shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion
hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement
without including any such part, parts, or portions that may for any reason be hereafter declared invalid.
[SIGNATURES ON FOLLOWING PAGE]
Construction Sen!icts Agreement Version 1.0
IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective
Date first above written.
CITY OF MILTON, GEORGIA
Signature: _
Steven Krokoff, City Manager
[CITY SEAL]
Attest:
By:
Its: City Clerk
Approved as to form:
CONTRACTOR: Complete Demolition Services, LLC
By: fes/
(Limited Liability Company)
[CORPORATE SEAL]
(required if corporation)
Attest/Witness:
Ella Kraus _
By: f -� -
Its: Office _Administrator
((Assistant) Corporate Secretary if corporation)
City Attorney
RATIFIED BY COUNCIL
Signature: _
Joe Lockwood, Mayor
"EXHIBIT A"
HOME 01` f--. �-.,� -' CITY OF MILTON
MILT0 N INVITATION TO BID
ESTA6LISI IED 2006
(THIS IS NOT AN ORDER)
Bid Number:
Project Name:
20-CD05
Exterior Demolition of Accessory Buildings - Former Milton
Phone: 678-242-2500
County Club
Due Date and Time: May 14, 2020 at 2:00 pm EST
2006 Heritage Walk
**Pending updates relating to COVID-19, the City
Number of Pages: 119
may conduct the bid opening via a virtual meeting.
If you have not registered as a vendor
Responding bidders will be emailed a meeting link
via BidNet we encourage you to
should the need to hold this type meeting arise.
register. There is no cost to join, and you
ISSUING DEPARTMENT INFORMATION
Issue Date:
April 16, 2020
City of Milton
Phone: 678-242-2500
Community Development Department
Website: www.cityofmiltonga.us
2006 Heritage Walk
Milton, GA 30004
INSTRUCTIONS TO BIDDERS
Electronic Submittal: **Bids must be
Mark Face of Envelope/Package:
submitted electronically via Milton's
Bid Number: 20-CD05
BidNet procurement portal/platform at
Name of Company or Firm
www.cityofmiltonga.us
Special Instructions:
If you have not registered as a vendor
Deadline for Written Questions
via BidNet we encourage you to
May 4, 2020 at 5:00 pm
register. There is no cost to join, and you
will be notified of any potential bid
Email questions online via the BidNet
opportunities with the City of Milton as
Direct procurement portal at
well as other agencies who are part of
www.cityofmittonga.us
the Georgia Purchasing Group.
BIDDERS MUST COMPLETE THE FOLLOWING
Bidder Name/Address:
Authorized Bidder Signatory:
(Please print name and sign in ink)
Bidder Phone Number:
Bidder FAX Number:
Bidder Federal I.D. Number:
Bidder E-mail Address:
BIDDERS MUST RETURN THIS COVER SHEET WITH
BID RESPONSE
ITB 20-C D05 1 I Page
Table of Contents
Topic Page
Definitions 3
Invitation to Bid 4
Schedule of Events
6
Bidding Instructions (What must be submitted)
7
Insurance/Bond Requirements
8
Bid Form and Addenda Acknowledgement
13
Bid Bond (3 pages)
15
Qualifications Signature and Certification
18
Corporate Certificate
18
List of Subcontractors
19
Contractor Affidavit and Agreement (eVerify)
20
Disclosure Form
21
Project Specifications
22
Bid Submittal Form (5 pages)
43
General Conditions
44
EPD Air Quality Rules
54
Site Plan Drawing (Attachment A)
55
Asbestos Report (Attachment B)
57
Sample Contract
59
ITB 20-C D05 2 1 Page
DEFINITIONS
COMPW: City of Milton Public Works Department
CY: Cubic Yard
GDOT: Georgia Department of Transportation
ENGINEER: The City of Milton Director of Public Works or a duly authorized
representative.
ADA: Americans with Disabilities Act
EA: Each
GAL: Gallon
LF: Lineal Feet
LM: Lineal Mile
LS: Lump Sum
SY: Square Yard
TN: Ton
MUTCD: Manual on Uniform Traffic Control Devices
OSHA: Occupational Safety and Health Administration
FHWA: Federal Highway Administration
AASHTO: American Association of State Highway and Transportation Officials
ITB 20-CD05 3 1 Page
MILTONION
ESTABLISHED 2006
Invitation to Bid 20-CD05
The City of Milton is accepting sealed bids from qualified firms for the Exterior
Demolition of Accessory Buildings - Former Milton Country Club (MCC) for the
Community Development Department in conformance with Title 32, Chapter 4,
Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done
in accordance with Georgia Department of Transportation's (GDOT) Standard
Drawings, Standard Specifications, and Pay Items Index as standards and
specifications for the construction and completion of the work required. All
bidders must comply with all general and special requirements of the bid
information and instructions enclosed herein.
Electronic bids will be received no later than 2:00 PM Local Time on May 14,
2020. Electronic bids shall be submitted online via BidNet Direct, the City's
procurement portal, at www.cityofmiltonga.us .
At approximately 2:10 PM Local Time on the day bids are due the bids will be
publicly opened, and the bidder's name and total bid amount will be read aloud
at: City of Milton City Hall, 2006 Heritage Walk, Milton, GA 30004. "Pending updates
relating to COVID-19, the City may conduct the bid opening via a virtual meeting.
Responding bidders will be emailed a meeting link should the need to hold this type
meeting arise. Any other interested members of the public may attend.
Bids received after the above time will not be accepted.
Questions must be also be submitted online in the same manner listed above for
bids. Deadline for questions is May 4, 2020 at 5:00pm. Official answers to questions
and potential change (Addendums) to the ITB will be posted at the same web
locations as the ITB on or about May 7, 2020. Any other form of interpretation,
correction, or change to this ITB will not be binding upon the City. It is the bidder's
responsibility to check the websites for potential updates. Please refer to Bid (20-
CD05) and bid name (Exterior Demolition of Accessory Buildings - Former Milton
Country Club) when requesting information.
The City of Milton reserves the right to reject any or all bids and to waive
technicalities and informalities, and to make award in the best interest of the City
of Milton.
The selected contractor must be able to start work within ten (10) calendar days
after the "Notice to Proceed" is issued. The time of completion for the project is
ITB 20-CD05 4 1 Page
to be determined prior to the issuance of the "Notice to Proceed." If weather
affects the required completion schedule, The City and selected contractor will
negotiate a new completion date. Section 108.08 of the State of Georgia
Department of Transportation Standard Specifications Construction of
Transportation Systems (current edition) shall be applied.
ITB 20-CD05 5 1 Page
SCHEDULE OF EVENTS
FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE
EVENT
ITB Issue Date
DATE
April 16, 2020
Deadline for Receipt of Online Questions 5 PM on May 4, 2020
Posting of Written Answers by City to Website on or about May 7, 2020
ITB DUE No later than 2:00 PM on May 14, 2020
(via Electronic Submission ONLY)
Tentative Contract Award (on/about)
Notice to Proceed (on/about)
June 1, 2020
To be coordinated with the Contractor
NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR
ADDENDA AND SCHEDULE UPDATES.
ITB 20-CD05 6 1 Page
BIDDING INSTRUCTIONS
FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID
BEING DEEMED NON-RESPONSIVE AND BEING REJECTED:
Item
Description
Page(s)
1
Filled out and Signed Invitation to Bid (Cover Sheet)
1
2
Bid Form and Addenda Acknowledgement (2 pages)
13-14
3
Bid Bond (3 pages)
15-17
4
Qualifications Signature and Certification
18
5
List of Subcontractors
19
6
Contractor Affidavit and Agreement (eVerify)
20
7
Disclosure Form
21
8
Bid Submittal Form
43
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 vendor of the Demolition of Exterior
Accessory Buildings - Former Milton Country Club project.
No specification expressed or implied shall be construed as any type of restrictive
specification that would limit competition.
Unless clearly shown as "no substitute" or any words to that effect, any items in
these contract documents which have been identified, described or referenced
by a brand name or trade name are for reference only. Such identification is
intended to be descriptive but not restrictive and is to indicate the general quality
and characteristics of products that may be offered. Each bid item for which an
equivalent item is proposed must be individually identified on the bid sheet with
the following information: brand name, model or manufacturer's number or
identification regularly used in the trade. Photographs, specifications and cut
sheets shall be provided of the proposed alternative. The City shall be the sole
judge of the suitability of the proposed alternative and may consider function,
design, materials, construction, workmanship, finishes, operating features, overall
quality, local service facilities, warranty terms and service or other relevant
features.
The City reserves the right to cancel the contract at any time with 30 days written
ITB 20-CD05 7 1 Page
notice.
Title to any supplies, materials, equipment or other personal property shall remain
the Contractors' until fully paid for by the City.
All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged.
Any damage to any building or traffic control device, or equipment incurred
during the course of work shall be repaired at the contractor's expense to the
complete satisfaction of the City of Milton with no additional expense to the City.
EVALUATION
The City intends to evaluate the ITB on the lowest, responsible and responsive
bidder.
Bids may be found nonresponsive at any time during the evaluation or
contract process, if any of the required information is not provided; the
submitted price is found to be inadequate; or the proposal is not within the
specifications described and required in the ITB. If a bid is found to be non-
responsive or non-qualified, it will not be considered further.
INSURANCE REQUIREMENTS
Within ten (10) days of Notice of Award, and at all times that this Contract is in
force, the Contractor shall obtain, maintain and furnish the City Certificates of
Insurance from licensed companies doing business in the State of Georgia with
an A.M. Best Rating A-6 or higher and acceptable to the City.
Within 10 days of Notice of Award, and at all times that this Contract is in force,
the Contractor shall obtain, maintain and furnish the City Certificates of Insurance
from licensed companies doing business in the State of Georgia with an A.M. Best
Rating A-6 or higher and acceptable to the City. Insurance requirements are
provided below and included in the CONTRACT AGREEMENT (Section 7.K).
(1) Requirements: The Contractor shall have and maintain in full force and
effect for the duration of this Agreement, insurance insuring against claims
for injuries to persons or damages to property which may arise from or in
connection with the performance of the Work by the Contractor, its agents,
representatives, employees or subcontractors. All policies shall be subject
ITB 20-CD05 8 1 Page
to approval by the City Attorney as to form and content. These
requirements are subject to amendment or waiver if so approved in writing
by the City.
(2) Minimum Limits of Insurance: Contractor shall maintain the following
insurance policies with limits no less than:
(a) Comprehensive General Liability of $1,000,000 (one million dollars)
limit per single occurrence, $2,000,000 (two million dollars) umbrella,
including coverage for bodily and personal injury, sickness, disease
or death, injury to or destruction of property, including loss of use
resulting therefrom, vandalism, property loss and theft.
(b) Comprehensive Automobile Liability (owned, non -owned, hired) of
$1,000,000 (one million dollars) combined single limit per occurrence
for bodily and personal injury, sickness, disease or death, injury to or
destruction of property, including loss of use resulting therefrom.
(c) Workers' Compensation limits as required by the State of Georgia and
Employers Liability limits of $1,000,000 (one million dollars) per
accident.
(3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured
retentions must be declared to and approved by the City in writing.
(4) Other Insurance Provisions: The policy is to contain, or be endorsed to
contain, the following provisions:
(a) General Liability and Automobile Liability Coverage.
(i) The City and City Parties are to be covered as insureds. The
coverage shall contain no special limitations on the scope of
protection afforded to the City or City Parties.
(ii) The Contractor's insurance coverage shall be primary
noncontributing insurance as respects to any other insurance
or self-insurance available to the City or City Parties. Any
insurance or self-insurance maintained by the City or City
Parties shall be in excess of the Contractor's insurance and
shall not contribute with it.
(iii) Any failure to comply with reporting provisions of the policies
ITB 20-CD05 9 1 Page
shall not affect coverage provided to the City or City Parties.
(iv) Coverage shall state that the Contractor's insurance shall
apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's
liability.
(v) Coverage shall be provided on a "pay on behalf" basis, with
defense costs payable in addition to policy limits. There shall
be no cross -liability exclusion.
(vi) The insurer agrees to waive all rights of subrogation against the
City and City Parties for losses arising from Work performed by
the Contractor for the City for General Liability coverage only.
(b) Workers' Compensation Coverage: The insurer providing Workers'
Compensation Coverage will agree to waive all rights of subrogation
against the City and City Parties for losses arising from Work
performed by the Contractor for the City.
(c) All Coverages:
(i) Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended,
voided, canceled, reduced in coverage or in limits except
after thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the City.
(ii) Policies shall have concurrent starting and ending dates.
(5) Acceptability of Insurers: Insurance is to be placed with insurers authorized
to do business in the State of Georgia and with an A.M. Bests' rating of no
less than A:VI.
(6) Verification of Coverage: Contractor shall furnish the City with certificates
of insurance and endorsements to the policies evidencing coverage
required by this clause prior to the start of Work. The certificate of insurance
and endorsements shall be on a form utilized by Contractor's insurer in its
normal course of business and shall be received and approved by the City
within ten (10) days of the Notice of Award. The City reserves the right to
require complete, certified copies of all required insurance policies, at any
time. The Contractor shall provide proof that any expiring coverage has
ITB 20-CD05 10 1 Page
been renewed or replaced at least two (2) weeks prior to the expiration of
the coverage.
(7) Subcontractors: Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and endorsements for
each subcontractor. All coverage for subcontractors shall be subject to all
of the requirements stated in this Agreement, including but not limited to
naming the Parties as additional insureds.
(8) Claims -Made Policies: Contractor shall extend any claims -made insurance
policy for at least six (6) years after termination or final payment under the
Agreement, whichever is later.
(9) City as Additional Insured and Loss Payee: The City shall be named as an
additional insured and loss payee on all policies required by this Agreement,
except the City need not be named as an additional insured and loss payee on
any Workers' Compensation policy.
BONDING REQUIREMENTS
Each bid must be accompanied with a BID BOND (bond only: certified checks or
other forms are not acceptable) in an amount equal to five percent (5%) of the
base bid, payable to the City of Milton. Said bid bond guarantees the bidder will
enter into a contract to construct the project strictly within the terms and
conditions stated in this bid and in the bidding and contract documents, should
the construction contract be awarded.
The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE
BONDS for the faithful performance on the contract and a bond to secure
payment of all claims for materials furnished and/or labor performed in
performance of the project, both in amounts equal to one hundred percent
(100%) of the base bid price.
Bonds shall be issued by a corporate surety appearing on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to
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,
ITB 20-CD05 11 1 Page
all partners shall execute Bond.
OATH
Prior to commencing the Work, the successful bidder shall execute a written oath
as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e).
COST OF PREPARING A BID
The costs for developing and delivering responses to this ITB and any subsequent
presentations of the proposal as requested by the City are entirely the
responsibility of the bidder. The City is not liable for any expense incurred by the
bidder in the preparation and presentation of their proposal. All materials
submitted in response to this ITB become the property of the City of Milton.
ITB 20-CD05 12 1 Page
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
BID FORM and ADDENDA ACKNOWLEDGEMENT
TO: PURCHASING OFFICE
CITY OF MILTON
MILTON, GEORGIA 30004
Ladies and Gentlemen:
In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder,
proposes to enter into a Contract with the City of Milton, Georgia, to provide the
necessary machinery, tools, apparatus, other means of construction, and all materials
and labor specified in the Contract Documents or as necessary to complete the Work in
the manner therein specified within the time specified, as therein set forth, for:
Bid Number 20-CD05
Demolition of Exterior Accessory Buildings — Former Milton Country Club (MCC)
The Bidder has carefully examined and fully understands the Contract, Specifications,
and other documents hereto attached, has made a personal examination of the Site of
the proposed Work, has satisfied himself as to the actual conditions and requirements of
the Work, and hereby proposes and agrees that if his bid is accepted, he will contract
with the City of Milton in full conformance with the Contract Documents.
Unless otherwise directed, all work performed shall be in accordance with the Georgia
Department of Transportation Standard Specifications, Construction of Transportation
Systems (current edition).
It is the intent of this Bid to include all items of construction and all Work called for in the
Specifications, or otherwise a part of the Contract Documents.
In accordance with the foregoing, the undersigned proposes to furnish and construct
the items listed in the attached Bid schedule for the unit prices stated.
The Bidder agrees that the cost of any work performed, materials furnished, services
provided, or expenses incurred, which are not specifically delineated in the Contract
Documents, but which are incidental to the scope, intent, and completion of the
Contract, shall be deemed to have been included in the prices bid.
The Bidder further proposes and agrees hereby to promptly commence the Work with
adequate forces within ten (10) calendar days from the Notice to Proceed, and to
ITB 20-CD05 13 1 Page
complete all Work as scheduled in Task Order(s) issued.
If weather affects the required completion schedule, the City and selected Bidder will
negotiate a new completion date.
Attached hereto is an executed Bid Bond in the amount of
(Five Percent of Amount Bid).
Dollars ($
If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute
a satisfactory contract in the form of said proposed Contract, and give satisfactory
Performance and Payment Bonds, or furnish satisfactory proof of carriage of the
insurance required within ten days from the date of Notice of Award of the Contract,
then the City of Milton may, at its option, determine that the undersigned abandoned
the Contract and there upon this bid shall be null and void, and the sum stipulated in the
attached Bid Bond shall be forfeited to the City of Milton as liquidated damages.
Bidder acknowledges receipt of the following addenda:
Addendum No.
Date viewed
Bidder further declares that the full name and resident address of Bidder's Principal is as
follows:
Signed, sealed, and dated this
day of 20
Bidder (Seal)
Company Name
Bidder Mailing Address:
Signature:
Print Name:
Title:
ITB 20-CD05 14 1 Page
MILTONII�
ESTABLISHED 2006
[BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE]
BID BOND
CITY OF MILTON, GEORGIA
BIDDER (Name and Address):
SURETY (Name and Address of Principal Place of Business):
OWNER (hereinafter referred to as the "City" (Name and Address):
City of Milton, Georgia
ATTN: Purchasing Office
2006 Heritage Walk
Milton, Georgia 30004
BID
BID DUE DATE:
PROJECT (Brief Description Including Location):
BOND
BOND NUMBER:
DATE (Not later that Bid due date):
PENAL SUM:
(Words) (Figures)
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the
City, subject to the terms printed below or on the reverse side hereof, do each cause this
Bid Bond to be duly executed on its behalf by its authorized officer, agent or
representative.
BIDDER
(Seal)
Bidder's Name and Corporate Seal
Bv:
Signature and Title:
Attest:
Signature and Title:
SURETY
(Seal)
Surety's Name and Corporate Seal
By:
Signature and Title:
(Attach Power of Attorney)
Attest:
Signature and Title:
ITB 20-CD05 15 1 Page
Note: (1) Above addresses are to be used for giving any notice required by
the terms of this Bid Bond.
(2) Any singular reference to Bidder, Surety, the City or any other party
shall be considered plural where applicable.
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns to pay to the City upon Default of Bidder the penal
sum set forth on the face of this Bond.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time
required by the Bidding Documents (or any extension of that time agreed to in writing by
the City) the executed Agreement required by the Bidding Documents and any
performance and payment Bonds required by the Bidding Documents.
3. This obligation shall be null and void if:
3.1 The City accepts Bidder's Bid and Bidder delivers within the time required
by the Bidding Documents (or any extension of that time agreed to in
writing by the City) the executed Agreement required by the Bidding
Documents and any performance and payment Bonds required by the
Bidding Documents; or
3.2 All Bids are rejected by the City; or
3.3 The City fails to issue a Notice of Award to Bidder within the time specified
in the Bidding Documents (or any extension of that time agreed to in writing
by Bidder and, if applicable, consented to by Surety when required by
paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon Default by Bidder within 30
calendar days after receipt by Bidder and Surety of a written Notice of Default from the
City, which Notice will be given with reasonable promptness and will identify this Bond
and the Project and include a statement of the amount due.
5. Surety waives notice of, as well as any and all defenses based on or arising out of,
any time extension to issue a Notice of Award agreed to in writing by the City and Bidder,
provided that the total time, including extensions, for issuing a Notice of Award shall not
in the aggregate exceed 120 days from Bid due date without Surety's written consent.
6. No suit or action shall be commenced under this Bond either prior to 30 calendar
days after the Notice of Default required in paragraph 4 above is received by Bidder and
Surety or later than one year after Bid due date.
7. Any suitor action under this Bond shall be commenced only in a court of competent
jurisdiction located in the State of Georgia.
ITB 20-CD05 16 1 Page
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their
respective addresses shown on the face of this Bond. Such notices may be sent by
personal delivery, commercial courier or by United States Registered or Certified Mail,
return receipt requested, postage pre -paid, and shall be deemed to be effective upon
receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of
Attorney evidencing the authority of the officer, agent or representative who executed
this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety
thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any
applicable requirement of any applicable statute that has been omitted from this Bond
shall be deemed to be included herein as if set forth at length. If any provision of this
Bond conflicts with any applicable statute, then the provision of said statute shall govern
and the remainder of this Bond that is not in conflict therewith shall continue in full force
and effect.
11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under
the particular circumstances.
12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia.
ITB 20-CD05 17 1 Page
M I LTONjll�
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
Print/Type Na
Print/Type Company Name Here
Date
CORPORATE CERTIFICATE
I, , certify that I am the Secretary of the Corporation
named as Contractor in the foregoing bid; that
who signed said bid in behalf of the Contractor, was then (title)
of said Corporation; that said bid was duly signed for and in behalf of said Corporation
by authority of its Board of Directors, and is within the scope of its corporate powers; that
said Corporation is organized under the laws of the State of
This
(Signature)
day of 20
Seal)
ITB 20-CD05 18 1 Page
MILTONI�
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
LIST OF SUBCONTRACTORS
I do , do not , propose to subcontract some of the work on this
project. I propose to Subcontract work to the following subcontractors:
Company Name:
ITB 20-CD05 19 1 Page
M I LTq, N 11 A
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
CONTRACTOR AFFIDAVIT AND AGREEMENT
STATE OF GEORGIA
CITY OF MILTON
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-
10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical
performance of services on behalf of the City of Milton has registered with, is authorized to use
and uses the federal work authorization program commonly known as E -Verify, or any subsequent
replacement program, in accordance with the applicable provisions and deadlines established
in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal
work authorization program throughout the contract period and the undersigned contractor will
contract for the physical performance of services in satisfaction of such contract only with
subcontractors who present an affidavit to the contractor with the information required by
O.C.G.A. § 13-10-91(b).
Contractor hereby attests that its federal work authorization user identification number and date
of authorization are as follows:
eVerify Number
Date of Authorization
Name of Contractor
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
Demolition of Exterior Accessory Buildings - Printed Name and Title of Authorized Officer
Former Milton Country Club or Agent
Name of Project
City of Milton, Georgia
Name of Public Employer
SUBSCRIBED AND SWORN BEFORE ME ON
THIS THE DAY OF 201_.
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
ITB 20-CD05 20 1 Page
T LTO N'IP
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
DISCLOSURE FORM
This form is for disclosure of campaign contributions and family member relations
with City of Milton officials/employees.
Please complete this form and return as part of your bid package when it is
submitted.
Name of Bidder
Name and the official position of the Milton Official to whom the campaign
contribution was made (Please use a separate form for each official to whom a
contribution has been made in the past two (2) years.)
List the dollar amount/value and description of each campaign contribution
made over the past two (2) years by the Applicant/Opponent to the named
Milton Official.
Amount/Value
Description
Please list any family member that is currently (or has been employed within the
last 9 months) by the City of Milton and your relation:
ITB 20-CD05 21 1 Page
PROJECT SPECIFICATIONS
GENERAL DESCRIPTION OF PROJECT SCOPE: The general scope of work will consist
of demolition and removal of : two (2) structures including associated foundation
and driveway concrete slab; cleanup and removal trash piles around these
structures; removal of wood fence, an award display board, and driving range
netted practice area; all located at 1785 Dinsmore Road, Milton, GA. Contractor
is required to visit the site prior to submitting bid to confirm and verify scope. (Note:
electric service has been disconnected to the structures.)
Contractor is responsible for utility locates, property owner coordination, erosion
and sediment control, tree save fence, and any damages to any property.
Contractor will replace in kind all damages on impacted properties.
SCOPE OF WORK
The Contractor will demolish and remove the Storage Building; Pole Barn; Award
Display Board; poles and netting with base at practice driving area. Work will also
include the demolition and removal of the enclosure wood fencing, yard debris in
this enclosed area, and concrete slab/ driveway from the parking area and within
the enclosed yard. (Note: electric service has been permanently disconnected to
the structures). Once the structures and all associated debris have been removed
the Contractor will grade and add fill as needed, and the disturbed areas will be
stabilized with seed and straw or mulched.
Note: See attached site drawing (Attachment A) outlining work area, concrete
slab/driveway area and enclosure wood fence to be removed.
ITB 20-CD05 22 1 Page
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The selected contractor shall be responsible for demolishing the structures and
foundations and removal of all trash and debris from the project area in
accordance with local, state and federal regulations. 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 Community Development.
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.
PROSECUTION AND PROGRESS
The City desires to have all work completed by August 15, 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
ITB 20-CD05 26 1 Page
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% 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.
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.
PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE
The Contractor shall be responsible for the preservation of all public and adjoining
private property, trees, monuments, fences, grassed and sodded areas, etc. along
and adjacent to the area of work 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. 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.
ITB 20-C D05 27 1 Page
USE OF PROPERTY
The current Club House building is closed to the public; however, the tennis courts
are actively in use and as such the Contractor shall use every precaution
necessary to prevent damage or injury thereto and to not disturb that activity.
Parking for this activity is in the general parking lot area, as such the Contractor
shall not utilize this parking area for storage of material, staging work, placement
of equipment and or garbage dumpsters.
ABESTOS ABATEMENT
The City has performed through an independent testing firm, an on-site inspection
for asbestos material. The finding in the report state that there is no asbestos within
these structures. See attached copy of asbestos report/survey (Attachment B).
RODENT ERADICATION
Pre -demolition, the selected Contractor shall diligently eradicate all rodents and
vermin before demolition and provide a rodent letter from a certified exterminator.
EROSION AND SEDIMENT CONTROL AND TREE SAVE
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 are required at all times. The Contractor shall have certified
erosion and sediment control personnel on site at all times. All NPDES, GSWCC and
City of Milton guidelines should be followed. Trees located in and around the
demolitions and cleanup areas will have tree save fence installed as directed by
the City. Tree's with green tape shall to be protected and work shall be kept off
the root systems at all times.
The Contractor will construct a construction entrance in accordance to City of
Milton standards. The Contractor will work with the City to determine the best
location for the construction entrance to be installed.
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.
ITB 20-CD05 28 1 Page
Contractor shall 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 inch of mulching, temporary and permanent seeding of
all other disturbed areas.
TREE REMOVAL AND PROTECTION
Any trees with orange tape can be removed to assist in the demolition project.
All trees with GREEN tape will be protected during the demolition project
keeping equipment and debris off the tree and the surrounding root system.
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.
ITB 20-CD05 29 1 Page
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.
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.
ASBESTOS SURVEY
See Attachment B
ITB 20-CD05 30 1 Page
MILTON;'k
ESTABLISHED 2006
[BIDDERS MUST RETURN WITH BID RESPONSE]
BID SCHEDULE
Bid Amount:
(Dollar Amount in Numbers)
(Company Name)
(Signature)
(Printed Name)
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
ADDRESS
AUTHORIZED SIGNATUR
PRINT / TYPE NAME
ITB 20-CD05 31 1 Page
GENERAL CONDITIONS
Unless otherwise directed, all work performed under this contract shall be in
accordance with the Georgia Department of Transportation Standard
Specifications, Construction of Transportation Systems (current edition), and
Special Provisions modifying them, except as noted below.
SECTION 101 DEFINITION AND TERMS
Section 10 1. 10 Delete as written and substitute the
BOARD following:
CITY COUNCIL OF CITY OF MILTON,
GEORGIA
Section 101.14 Delete as written and substitute the
COMMISSIONER following:
DIRECTOR OF PUBLIC WORKS, CITY
OF MILTON
Section 101.16
Delete the second paragraph and substitute
CONTRACT
the following:
The Contract Documents shall be composed
of the Advertisement for Bid; Notice to
Contractors; Form of Bid Proposal; General
Conditions; Special Provisions; Detail
Specifications, as identified in Section
105.03; Form of Contract; Form of Bond(s);
Addenda; the drawings, including all changes
incorporated herein before their execution;
and also any Change Orders and
Supplemental Agreements that are required
to complete the construction of The Work in
an acceptable manner, including authorized
extensions thereof, all of which constitute
one instrument. No oral agreement or orders
are to be considered as valid or as a part of
the Contract.
Section 101.22
Delete as written and substitute the
DEPARTMENT
following:
ITB 20-CD05
32 1 Page
Section 101.24
ENGINEER
Section 101.47
STATE HIGHWAY ENGINEER
Section 101.74
SUPPLEMENTAL AGREEMENT
Section 101.84
PUBLIC WORKS DEPARTMENT CITY
OF MILTON
Delete as written and substitute the
following:
DIRECTOR OF PUBLIC WORKS, CITY
OF MILTON, ACTING DIRECTLY OR
THROUGH A DULY AUTHORIZED
REPRESENTATIVE OF THE DIRECTOR
Delete as written and substitute
following:
DIRECTOR OF PUBLIC WORKS, CITY
OF MILTON, ACTING DIRECTLY OR
THROUGH A DULY AUTHORIZED
REPRESENTATIVE OF THE DIRECTOR
Retain as written and substitute the
following:
Any Supplemental Agreement that has a
dollar value amount that is less than
$25,000.00 shall not require the assent of the
Surety."
Add: DIRECTOR OF PUBLIC WORKS
CITY OF MILTON
SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS
Section 102.05 EXAMINATION OF PLANS, Add the following paragraph:
SPECIFICATIONS, SPECIAL PROVISIONS, "The City will not be responsible for
AND SITE OF THE WORK Bidders' errors or misjudgment, nor for any
information on local conditions or general
laws and regulations."
Section 102.07 REJECTION OF
PROPOSALS
Add the following subparagraphs
"I. The City reserves the right to reject any
and all bids, to waive technicalities, and to
make an award as deemed in its best interest.
It is understood that all bids are made subject
to this Agreement, that the City reserves the
right to award the bid to the lowest,
responsible Bidder, and in arriving at this
ITB 20-CD05 33 1 Page
Section 102.08 PROPOSAL
GUARANTY
Add Section 102.15
ADDENDA AND INTERPRETATION
Section 102.09
DELIVERY OF PROPOSALS:
ITB 20-CD05
decision, full consideration will be given to
the reputation of the Bidder, his financial
responsibility, and work of this type
successfully completed.
"J. The City also reserves the right to reject
any and all bids from any person, firm, or
corporation who is in arrears in any debt or
obligation to The City of Milton, Georgia."
Substitute the following for the first
sentence
"No bid will be considered unless it is
accompanied by an acceptable bid bond an
amount not less than five percent (5%) of the
amount bid and made payable to City of
Milton, Georgia. Such Bid Bond shall be on
the forms provided by the City."
Delete in its entirety and substitute the
following:
Bids shall be submitted on the Bid Form
provided by the City.
The bid package as described in Notice to
Contractors, Page 1 must be submitted with
the bid. Failure to do so could result in the
omission of pertinent documents and the
rejection of the apparent low bid."
Add the following as 102.15:
"No interpretation of the meaning of the
Contract Documents will be made orally to
any Bidder. Any request for such
interpretation should be in writing addressed
to the Purchasing Department, The City of
Milton 2006 Heritage Walk Milton, Ga.
30004. TEL. 678/242-2500, FAX 678/242-
2499.Each such interpretation shall be given
in writing, separately numbered and dated,
and furnished to each interested Bidder. Any
request not received in time to accomplish
34 1 Page
such interpretation and distribution will not be
accepted.
SECTION 103 - AWARD OF AWARD AND EXECUTION OF CONTRACT
Section 103.02 AWARD OF CONTRACT
Section 103.05 REQUIREMENTS OF
CONTRACT BONDS
Section 103.07 FAILURE TO
EXECUTE CONTRACT
Delete in its entirety and substitute
the following:
"The contract, if awarded, shall be awarded to
the lowest responsible bidder. The City of
Milton reserves the right to exercise exclusive
discretion as to the responsibility of any
bidder.
The contract shall be executed on the forms
attached, will be subject to all requirements
of the Contract Document, and shall form a
binding Contract between the contracting
parties."
Delete in its entirety and substitute the
following:
"At the time of the execution of the contract,
and as a part thereof, the successful bidder
shall furnish Contract Bond Below:
Performance Bond in the full amount of the
contract. Payment Bond in the full amount of
the contract. Maintenance bond in the
amount of one-third (1/3) of the contract. "
Delete in its entirety and substitute the
following:
"Failure to execute the Contract Performance,
Payment or Maintenance Bonds, or furnish
satisfactory proof of carriage of the insurance
required within ten days after the date of
Notice of Award of the Contract, may be just
cause for the annulment of the award and for
the forfeiture of the proposal guaranty to the
City of Milton, not as a penalty, but as
liquidation of damages sustained. At the
discretion of the City, the award may then be
made to the next lowest bidder, may be re -
advertised, or may be constructed by City
ITB 20-C D05 35 1 Page
forces. The Contract and Contract bonds shall
be executed in quadruplicate."
SECTION 107 - LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC
Section 107.18 ACQUISITION OF
RIGHT OF WAY
Section 107.21 CONTRACTORS
RESPONSIBILITY FOR UTILITY
PROPERTY AND SERVICE
SECTION 109
Section 109.07 PARTIAL PAYMENTS
Section 109.08 FINAL PAYMENT
ITB 20-CD05
Add the following paragraph:
"The Contractor shall inspect all easements
and rights-of-way to ensure that the City has
obtained all land and rights-of-way necessary
for completion of the Work to be performed
pursuant to the Contract Documents. The
Contractor shall comply with all stipulations
contained in easements acquired by the
Department."
Add the following sentence to
Paragraph A:
"The Contractor is responsible for the
location of above and below ground Utilities
and structures which may be affected by the
Work."
MEASUREMENT AND PAYMENT
Delete the first sentence of the
Second Paragraph under `A. General"
As long as the gross value of completed work
is less than 50% of the total Contract amount,
or if the Contractor is not maintaining his
construction schedule to the satisfaction of the
Engineer, the Department shall retain 10% of
the gross value of the work that has been
completed as indicated by the current estimate
certified by the Engineer for payment.
Delete in its entirety and substitute the
Following:
"Final Payment: Upon completion by the
Contractor of the work, including the receipt
of any final written submission of the
Contractor and the approval thereof by the
Department, the CITY will pay the Contractor
36 ( Page
a sum equal to 100 percent (100%) of the
compensation set forth herein, less the total of
all previous partial payments, paid or in the
process of payment.
The Contractor agrees that acceptance of this
final payment shall be in full and final
settlement of all claims arising against the
CITY for work done, materials furnished,
costs incurred, or otherwise arising out of this
Agreement and shall release the CITY from
any and all further claims of whatever nature,
whether known or unknown for and on
account of said Agreement, and for any and all
work done, and labor and materials furnished,
in connection with same."
ITB 20-CD05 37 1 Page
'NOTICE TO CONTRACTORS'
EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER
391-3-1-02-05
For additional/information, please contact:
Georgia Department of Natural Resources
Environmental Protection Division
Air Protection Branch
4244 International Parkway, Suite 120
Atlanta, GA 30354
404/363-7000; 404/362-2534 - FAX
ITB 20-C D05 38 1 Page
"Attachment A"
ITB 20-CD05 39 1 Page
Exhibit
Dinsmore Road
.� Concrete driveway area
to be removed
pool "�;•''�,, -. �
2
;. wood fence line —
existing club house y, m
building to remain { Storage Building
f ,ate
Qy
Award display board coo
Pole Barn
Poles and Netting area
"Attachment B"
ITB 20-C D05 40 1 Page
No Text