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Agenda Packet - CC - 04/26/2021
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Paul Moore Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, April 26, 2021 Regular Council Meeting 6:00 PM INVOCATION – Pastor Jerry Dockery, Crabapple First Baptist Church, Milton, Georgia 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. 21-117) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 26, 2021 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 6) CONSENT AGENDA 1. Approval of the February 17, 2021 City Council Meeting Minutes. (Agenda Item No. 21-118) (Tammy Lowit, City Clerk) 2. Approval of the March 1, 2021 City Council Meeting Minutes. (Agenda Item No. 21-119) (Tammy Lowit, City Clerk) 3. Approval of the Financial Statements and Investment Report for the Period Ending February 2021. (Agenda Item No. 21-120) (Bernadette Harvill, Finance Director) 4. Approval of a Professional Services Agreement between the City of Milton and ECS Southeast, LLP for Geotechnical Exploration for the Morris Road Widening Project. (Agenda Item No. 21-121) (Sara Leaders, Acting Public Works Director) 5. Approval of a Professional Services Agreement between the City of Milton and Pond & Company, Inc. for Former Milton Country Club Stormwater Management. (Agenda Item No. 21-122) (Sara Leaders, Acting Public Works Director) 6. Approval of a Services Agreement between the City of Milton and Property Masters Commercial Landscaping, LLC for Tree Installation at Milton City Hall and Milton Fire Station 43. (Agenda Item No. 21-123) (Robert Buscemi, Community Development Director) 7. Approval of a Professional Services Agreement with Davis Engineering & Surveying LLC for Survey of Mayfield Road for Sidewalk Extension. (Agenda Item No. 21-124) (Sara Leaders, Acting Public Works Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 26, 2021 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 7) REPORTS AND PRESENTATIONS 1. Appreciation Plaques for City of Milton Board Members – Larry Covington, Milton Equestrian Committee, and Tim Bryan, Design Review Board. (Councilmember Rick Mohrig) 2. Milton Arts Council, Inc. Presentation (Sarah LaDart, Economic Development Manager) 8) FIRST PRESENTATION 1. Consideration of RZ21-04/VC21-02 - 13555 Blakmaral Lane by Jim Rosenberger to rezone from CUP (Community Unit Plan) to AG-1 on 10.80 acres at a density of .092 unit per acre to construct a new single-family residence and to allow the existing accessory structure to be in the front yard. (Sec. 64-416(i)) (Agenda Item No. 21-125) (Robert Buscemi, Community Development Director) 2. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal Year 2021 Budget for Each Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 21-126) (Bernadette Harvill, Finance Director) 9) PUBLIC HEARING (None) 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal Year 2021 Budget for Each Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 21-126) (Bernadette Harvill, Finance Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 26, 2021 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS 1.Consideration of an Ordinance to Amend Article II of Chapter 36, Door-to- Door Sales, of the Code of the City of Milton, GA. (Agenda Item No. 21-111) (First Presentation at April 12, 2021 City Council Meeting)(Rich Austin, Police Chief) 12)NEW BUSINESS 13)Consideration of a Resolution Appointing a Member to the City of Milton Equestrian Committee Board by Appointing a Board Member for District 3/ Post 2. (Agenda Item No. 21-127) (Mayor Joe Lockwood) 14)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 to Provide the Operation of the City of Milton, Georgia During the Public Emergency known as the Novel Coronavirus Disease 2019 Global Pandemic; to Become Effective as Stated; to Supersede the Existing Emergency Ordinance; and for Other Purposes. (Agenda Item No. 21-128) (Ken Jarrard, City Attorney) 15)Consideration of the Issuance of an Alcohol Beverage License to Milton Tavern, LLC, 13800 GA Hwy 9, Suite 3031, Milton GA 30004. (Agenda Item No. 21-129) (Bernadette Harvill, Finance Director) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1.Community Development 2.Finance MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 26, 2021 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 21-130) CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 20, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of the Financial Statements and Investment Report for the Period Ending February 2021 MEETING DATE: Monday, April 26, 2021 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 April 26, 2021 X X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on April 20, 2021 for the April 26, 2021 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 5 – February 2021 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 18.20% over what is anticipated for the fifth period of the fiscal year. Of this 18.20%, 8.44% is attributable to revenues coming in higher than anticipated across several categories. Some of the more notable variances include property taxes ($492,016), motor vehicle taxes ($281,238), local option sales taxes ($177,549), and intangible taxes ($153,187). The remaining 9.76% is attributable to the transfer of $1.65 million from the operating Grant Fund related to CARES Act funding received in FY 2021. These revenues will reimburse the General Fund for FY 2020 expenses associated with the COVID-19 pandemic. A corresponding budget amendment request to recognize the transfer of these grant funds, as well as the other revenues which are coming in higher than anticipated for FY 2021, will be brought to Council in the next budget amendment process. Total expenditures to-date are $12,166,376 and are 6.94% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $16,968,217, capital expenditures-to- date total $3,223,643. Please note that the financial statements for capital related funds include current encumbrances. This will provide a clear picture of future commitments of resources prior to an actual payment being made. 1 of 14 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending February 2021 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 12,081,525 161,516 18,041 143,475 12,386,824 11,894,808 492,016 Motor Vehicle Tax 742,799 155,110 61,472 93,638 527,125 245,887 281,238 Intangible Tax 266,000 96,716 22,158 74,558 241,818 88,631 153,187 Real Estate Transfer Tax 100,000 32,896 8,330 24,566 90,165 33,320 56,845 Franchise Fees 2,174,624 130,690 - 130,690 646,085 509,756 136,329 Local Option Sales Tax 8,775,931 734,816 731,035 3,781 3,248,247 3,070,698 177,549 Alcohol Beverage Excise Tax 300,000 18,511 24,900 (6,389) 113,720 99,600 14,120 Fireworks Excise Tax 250 - - - - - - Business & Occupation Tax 800,000 164,897 160,000 4,897 250,598 240,000 10,598 Insurance Premium Tax 2,500,000 - - - - - - Financial Institution Tax 50,000 7,973 7,500 473 7,973 7,500 473 Penalties & Interest 26,400 5,516 1,316 4,200 21,887 8,881 13,006 Alcohol Beverage Licenses 160,000 1,254 320 934 168,594 153,120 15,474 Other Non-Business Permits/Licenses 34,000 2,003 2,732 (729) 18,081 14,111 3,970 Zoning & Land Disturbance Permits 58,500 24,060 4,873 19,187 38,710 24,365 14,345 Building Permits 350,000 32,047 21,000 11,047 145,373 133,000 12,373 Intergovernmental Revenue 7,500 - - - - - - Other Charges for Service 474,210 44,788 35,497 9,292 180,849 143,642 37,207 Municipal Court Fines 400,000 34,108 33,320 788 166,173 166,600 (427) Interest Earnings 84,500 1,220 7,039 (5,819) 8,014 35,194 (27,180) Contributions & Donations - - - - 550 - 550 Other Revenue 110,128 7,799 8,707 (909) 86,358 43,436 42,922 Other Financing Sources 15,000 - - - 1,652,534 7,500 1,645,034 Total Revenues 29,511,367 1,655,920 1,148,239 507,681 19,999,679 16,920,050 3,079,629 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 161,081 8,366 9,601 (1,235) 56,750 69,962 (13,211) City Clerk 296,633 17,331 19,483 (2,152) 130,106 153,564 (23,458) City Manager 846,407 43,555 50,084 (6,529) 272,100 273,619 (1,519) General Administration 45,557 3,170 3,006 163 21,852 23,498 (1,646) Finance 642,277 49,172 57,458 (8,286) 317,591 324,243 (6,652) Legal 335,000 16,067 27,906 (11,839) 101,997 139,528 (37,530) Information Technology 1,383,409 21,955 51,891 (29,936) 504,679 571,146 (66,467) Human Resources 372,280 23,962 26,353 (2,391) 160,761 173,510 (12,749) Risk Management 265,345 - - - 140,844 141,424 (580) General Government Buildings 325,126 18,948 20,019 (1,071) 141,814 160,234 (18,420) Communications 263,418 16,887 19,003 (2,115) 105,545 121,607 (16,062) Community Outreach & Engagement 186,569 13,141 15,545 (2,404) 72,745 80,539 (7,795) Municipal Court 370,108 28,575 25,674 2,900 132,580 142,557 (9,976) Police 5,198,242 383,503 379,215 4,288 2,207,803 2,349,380 (141,577) Fire 7,454,408 543,410 546,920 (3,510) 3,050,760 3,183,807 (133,047) Public Works 2,788,578 160,244 190,685 (30,441) 923,975 1,064,911 (140,937) Parks & Recreation (Active)1,282,458 62,131 78,567 (16,436) 345,437 452,819 (107,382) Passive Parks/Greenspace 159,574 361 12,912 (12,551) 21,639 65,130 (43,491) Community Development 1,787,047 102,089 131,444 (29,355) 662,114 759,778 (97,664) Economic Development 156,247 7,606 17,370 (9,765) 54,832 81,881 (27,049) Debt Service - - - - - - - Operating Transfers to Other Funds 6,577,082 548,090 548,090 - 2,740,451 2,740,451 - Operating Reserve 243,198 - - - - - - Total expenditures 31,140,044 2,068,564 2,231,227 (162,664)12,166,376 13,073,588 (907,212) Net Income/(Loss)(1,628,677)(412,644)7,833,303 Fund Balance - Beginning 13,114,251 13,114,251 Fund Balance - Ending 11,485,574 20,947,554 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Crabapple Fest Vendor Fee 1,000$ -$ -$ (1,000)$ Interest Revenues - 1 3 3 Crabapple Fest Sponsor 7,500 - - (7,500) Gas South Partnership - - 152 152 Total revenues 8,500$ 1$ 155$ (8,345)$ EXPENDITURES Current: Special Events 101,178$ -$ 14,674$ 86,504$ Total Expenditures 101,178$ -$ 14,674$ 86,504$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 24,000 1,664$ 7,153 (16,847) Total other financing sources and uses 24,000$ 1,664$ 7,153$ (16,847)$ Net change in fund balances (68,678)$ (7,367)$ Fund balance - beginning 67,794 67,794 Fund balance - ending (884)$ (1)60,427$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2021 (1) COVID-19 continues to impact hotel/motel tax related revenues. FY 2020 revenues came in lower than anticipated and will be offset by adjustments to expenditures in FY 2021 related to canceled events. 3 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds - - - - Interest Revenues/State Funds - 0 0 0 Interest Revenues/Federal Funds - 1 4 4 Total revenues -$ 1$ 4$ 4$ EXPENDITURES Current: Police -$ -$ -$ -$ Total Expenditures -$ -$ -$ -$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 4$ Fund balance - beginning 99,238 99,238 Fund balance - ending 99,238$ 99,242$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2021 4 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES E-911 Fees 1,000,000$ 87,695$ 251,237$ (748,763)$ Total revenues 1,000,000$ 87,695$ 251,237$ (748,763)$ EXPENDITURES Current: Public Safety 1,000,000$ 87,695$ 251,237$ 748,763$ Total Expenditures 1,000,000$ 87,695$ 251,237$ 748,763$ Net change in fund balances -$ -$ Fund balance - beginning - - Fund balance - ending -$ -$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2021 5 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues CARES Act -$ -$ 1,651,603$ 1,651,603$ Interest Revenues - - 46 46 Total revenues -$ -$ 1,651,649$ 1,651,649$ EXPENDITURES Current: General Administration -$ -$ -$ - Total Expenditures -$ -$ -$ -$ Excess of revenues over expenditures -$ -$ 1,651,649$ 1,651,649$ OTHER FINANCING SOURCES (USES) Transfers Out to General Fund -$ -$ (1,651,649)$ (1,651,649)$ Budgeted Fund Balance - - - - Total other financing sources and uses -$ -$ (1,651,649)$ (1,651,649)$ Net change in fund balances -$ -$ Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2021 6 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 24,000$ 1,664$ 7,153$ (16,847)$ Total revenues 24,000$ 1,664$ 7,153$ (16,847)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 24,000$ 1,664$ 7,153$ (16,847)$ Total other financing sources and uses 24,000$ 1,664$ 7,153$ (16,847)$ Net change in fund balances -$ -$ Fund balance - beginning - - Fund balance - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2021 7 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 110,000$ 892$ 37,995$ 37,995$ (72,005)$ Infrastructure Maint Penalty & Interest - - - - - Mayfield Rd Stormwater Facility Assessment - - 45,722 45,722 45,722 Tree Recompense - - - - - Landfill Use Fees 45,000 - 13,288 13,288 (31,712) Interest Revenue - 49 180 180 180 Other Misc Revenue - - 45,528 45,528 45,528 Insurance Proceeds/Public Safety - - 25,662 25,662 25,662 Total revenues 155,000$ 941$ 168,375$ 168,375$ 13,375$ EXPENDITURES Capital Outlay General Admin 13,762$ -$ -$ 27,413$ (13,651)$ Finance 61,665 - - - 61,665 Information Services 68,914 - - - 68,914 General Govt Bldg 92,000 169 169 169 91,831 Police 404,849 - 181,155 354,191 50,658 Fire 1,238,489 - 593 396,589 841,900 Public Works 9,129,191 455,468 2,954,610 3,697,106 5,432,085 Parks & Recreation (Active)3,531,503 - 16,320 141,058 3,390,445 Passive Parks/Greenspace 1,680,222 84 169 169 1,680,053 Community Development 747,622 11,262 70,628 378,205 369,418 Total Capital Outlay 16,968,217$ 466,984$ 3,223,643$ 4,994,899$ 11,973,318$ Excess of revenues over expenditures (16,813,217)$ (466,043)$ (3,055,268)$ (4,826,524)$ (11,959,943)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 4,927,056$ 410,588$ 2,052,940$ 2,052,940$ (2,874,116)$ Contingencies (148,021) - - - 148,021 Total other financing sources and uses 4,779,035$ 410,588$ 2,052,940$ 2,052,940$ (2,726,095)$ Net change in fund balances (12,034,182)$ (1,002,328)$ (2,773,584)$ Fund balance - beginning 12,039,016 12,039,016 12,039,016 Fund balance - ending 4,834$ 11,036,689$ 9,265,432$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2021 8 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Real Property Tax-Current Year 1,531,461$ 18,475$ 1,572,399$ 1,572,399$ 40,938$ Real Property Tax-Prior Year 500 1,569 5,581 5,581 5,081 Public Utility Tax-Current Year 11,808 - - - (11,808) Personal Property Tax-Current Year 23,268 44 21,124 21,124 (2,144) Personal Property Tax-Prior Year - 14 177 177 177 Motor Vehicle Tax 4,200 412 1,752 1,752 (2,448) Penalties & Interest - Real Property 1,500 578 2,129 2,129 629 Penalties & Interest - Personal Property - 3 46 46 46 Interest Revenue (Regions)9,000 42 168 168 (8,832) Interest Revenue (SunTrust)- 12 38 38 38 Total revenues 1,581,737$ 21,150$ 1,603,415$ 1,603,415$ 21,678$ EXPENDITURES Capital Outlay Passive Parks/Greenspace 5,030,175$ -$ 2,337$ 49,598$ 4,980,577$ Fiscal Agent's Fees 1,306 - - - 1,306 Bond Principal 895,000 - - - 895,000 Bond Interest 816,125 - 408,063 408,063 408,063 Total Capital Outlay 6,742,607$ -$ 410,399$ 457,661$ 6,332,208$ Excess of revenues over expenditures (5,160,870)$ 21,150$ 1,193,016$ 1,145,755$ 6,353,886$ Net change in fund balances (5,160,870)$ 1,193,016$ 1,145,755$ Fund balance - beginning 5,247,816 5,247,816 5,247,816 Fund balance - ending 86,946$ 6,440,832$ 6,393,571$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2021 9 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax 6,000,000$ 551,204$ 2,468,458$ 2,468,458$ (3,531,542) Interest Revenues - 33 138 138 138 Realized Gain or Loss (GA Fund 1)72,000 572 4,232 4,232 (67,768) Total revenues 6,072,000$ 551,809$ 2,472,828$ 2,472,828$ (3,599,172)$ EXPENDITURES Capital Outlay Public Works 22,996,046$ 478,627$ 1,279,286$ 5,062,733$ 17,933,312 Total Capital Outlay 22,996,046$ 478,627$ 1,279,286$ 5,062,733$ 17,933,312$ Excess of revenues over expenditures (16,924,046)$ 73,183$ 1,193,542$ (2,589,906)$ 14,334,140$ Net change in fund balances (16,924,046)$ 1,193,542$ (2,589,906)$ Fund balance - beginning 17,777,064 17,777,064 17,777,064 Fund balance - ending 853,018$ 18,970,606$ 15,187,158$ City of Milton Transportation Local Option Sales Tax (TSPLOST) Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2021 10 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Assistance to Firefighters Grant 81,573$ -$ -$ -$ (81,573)$ Recreation Trail Program 192,228 2,228 2,228 2,228 (190,000) Land & Water Conservation Grant 200,000 11,975 11,975 11,975 (188,025) LMIG Funds 440,000 392,419 392,419 392,419 (47,581) Smart Communities 44,078 - 44,078 44,078 - Trail Connection to Big Creek Greenway 392,800 32,091 32,091 32,091 (360,709) Interest Revenues - 6 23 23 23 Total revenues 1,350,679$ 438,720$ 482,814$ 482,814$ (867,865)$ EXPENDITURES Fire 90,637$ -$ 90,637$ 90,637$ -$ Public Works 1,647,796 - 558,260 563,796 1,084,000 Parks & Recreation 586,188 8,500 18,450 66,027 520,161 Community Development 1,032 (61) 180 1,055 (23) Total Capital Outlay 2,325,653$ 8,439$ 667,527$ 721,515$ 1,604,138$ Excess of revenues over expenditures (974,974)$ 430,281$ (184,712)$ (238,701)$ 736,273$ Net change in fund balances (974,974)$ (184,712)$ (238,701)$ Fund balance - beginning 975,930 975,930 975,930 Fund balance - ending 955$ 791,217$ 737,229$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2021 11 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 30,000$ 3,050$ 12,767$ 12,767$ (17,233)$ Law Enforcement Fund 13,000 1,792 5,871 5,871 (7,129) Fire Fund 72,500 10,269 33,642 33,642 (38,858) Road Fund 110,000 39,894 69,063 69,063 (40,937) Park Fund 650,000 49,721 316,970 316,970 (333,030) Interest Revenues/Admin Fund - 1 3 3 3 Interest Revenues/Law Enforcement Fund - 0 1 1 1 Interest Revenues/Fire Fund - 2 8 8 8 Interest Revenues/Road Fund - 8 15 15 15 Interest Revenues/Park Fund - 10 74 74 74 Total revenues 875,500$ 104,747$ 438,414$ 438,414$ (437,086)$ EXPENDITURES General Government Buildings 13,000$ -$ -$ -$ 13,000$ Fire 381,632 - - - 381,632 Public Works 110,000 - - - 110,000 Parks & Recreation (Active)2,420,255 - - - 2,420,255 Community Development 76,878 - - 35,998 40,880 Total Capital Outlay 3,001,766$ -$ -$ 35,998$ 2,965,768$ Excess of revenues over expenditures (2,126,266)$ 104,747$ 438,414$ 402,416$ 2,528,682$ Net change in fund balances (2,126,266)$ 438,414$ 402,416$ Fund balance - beginning 2,208,117 2,208,117 2,208,117 Fund balance - ending 81,851$ 2,646,531$ 2,610,533$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2021 12 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Interest Revenues (Regions)-$ 45$ 192$ 192$ 192$ Total revenues -$ 45$ 192$ 192$ 192$ EXPENDITURES Capital Outlay General Government Buildings 130,360$ -$ -$ 123,088$ 7,273$ Fire 3,745,300 44,425 58,392 296,093 3,449,207 Fiscal Agent's Fees 1,807 - 1,806 1,806 1 Bond Principal 770,000 - 770,000 770,000 - Bond Interest 878,219 - 448,734 448,734 429,485 Total Capital Outlay 5,525,687$ 44,425$ 1,278,933$ 1,639,722$ 3,885,965$ Excess of revenues over expenditures (5,525,687)$ (44,380)$ (1,278,741)$ (1,639,530)$ 3,886,157$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 1,650,026$ 137,502$ 687,511$ 687,511$ (962,515)$ Total other financing sources and uses 1,650,026$ 137,502$ 687,511$ 687,511$ (962,515)$ Net change in fund balances (3,875,661)$ (591,230)$ (952,019)$ Fund balance - beginning 3,984,697 3,984,697 3,984,697 Fund balance - ending 109,036$ 3,393,467$ 3,032,678$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2021 13 of 14 Amount Percent Yield Money Market - Quantum Bank 5,393,357 14%0.11% GA Fund 1 18,135,568 47%0.05% GA Fund 1 (TSPLOST)14,863,896 39%0.05% Grand Total Investment Portfolio 38,392,821 100% Current Month YTD Current Month YTD Interest earned 1,192 7,931 572 4,232 Budgeted interest 7,000 35,000 6,000 30,000 Variance over/(under)(5,808) (27,069) (5,428) (25,768) General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending February 28, 2021 14 of 14 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 20, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and ECS Southeast, LLP for Geotechnical Exploration for the Morris Road Widening Project. MEETING DATE: Monday, April 26, 2021 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: __________ April 26, 2021 X X X X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on April 16, 2021 for the April 26, 2021 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and ECS Southeast, LLP for Geotechnical Exploration for the Morris Road Widening Project. _____________________________________________________________________________________ Project Description: This project is for geotechnical services to support the preliminary engineering design on the TSPLOST Morris Road Widening Project. The underway McGinnis Ferry Road Interchange with SR 400 project includes widening of McGinnis Ferry Road to Bethany Bend where McGinnis Ferry Road becomes Morris Road. The Morris Road project is proposed to tie into the McGinnis Ferry project widening and continue to the south/west to tie into the four-lane section of Morris Road at Webb Road. The purpose of the geotechnical exploration is to obtain subsurface information along the proposed new alignment for the roadway widening from Webb Road to Bethany Bend. Procurement Summary: Purchasing method used: Professional Services Account Number: 335-4101-541400010 Requisition Total: $12,750.00 Vendor DBA: ECS Southeast, LLP Financial Review: Bernadette Harvill, April 16, 2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – April 8, 2021 Concurrent Review: Steven Krokoff, City Manager Attachment: Professional Services Agreement MILTON* ESTABLISHED 2006 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of 20 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the "City"), and ECS Southeast, LLP, a Virginia limited liability partnership (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — Consultant's Proposal Exhibit "B" — Certificate of Insurance 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: geotechnical exploration for the Morris Road widening project from Webb Road to Bethany Bend. 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, and the Work shall be completed, and the Agreement shall terminate, within thirty (30) business days of Notice to Proceed by the City (provided that certain obligations will survive termination/expiration of this Agreement). If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on September 30 each fiscal year of the Term, and further, that this Agreement shall automatically renew on October 1 of each subsequent fiscal year absent 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�1011WIC47:00 _l A. Change Order Defined. A "Change Order" means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. B. Right to 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 2 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. An invoice shall be submitted upon the completion of the Work, and such invoice shall reflect costs incurred versus costs budgeted. 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 $12,750.00 (the "Maximum Contract Price"), except as outlined in Section II(C) above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon a flat fee. C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows: ® 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. 3 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 to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant's profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's profession and industry, Consultant will give written notice immediately to City. C. City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide 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. Brien E. schlessle, P.E. [INSERT NAME] 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 SSh bear all losses and damages directly or indirectly resulting to it and/or negTig n City on account of the/performance or character of the Work rendered pursuant to this Agreement. Consultant shall 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, dama�gges, losses, costs, expenses and liability of any kind whatsoever, including but not limited toea�%iney's fees and costs of defense ("Liabilities"), to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify 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 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 limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Consultant must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ —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: (a) General Liability. Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on 7 behalf of Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Consultant's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (b) Workers' Compensation Coverage. The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (3 0) 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. (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 W 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 ss 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 ofUnauthorized Aliens Prohibited —E-VerifyAffidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E - Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because 10 it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager 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.] [DESIGNATE/MARK APPROPRIATE CATEGORY] X 500 or more employees. 100 or more employees. Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. 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 fumish 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 any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. 12 Consultant and City acknowledge that it 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 I 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 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 13 coordinated by City. City shall inform Consultant's Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. 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. 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 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 14 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. Sara Leaders shall be authorized to act on City's behalf with respect to the Work as City's designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section 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. 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. 15 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. District Court for the Northern District of Georgia — Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. 16 D. Cautions 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 he 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: ECS Southeast, LLP 1281 Kennestone Circle, Suite 200 Marietta, GA 30066 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 17 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 terns 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 Parry because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless 18 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 WIIEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 19 CONSULTANT: ECS Southeast, LLP Signature:_ Print Name: Benjamin Temple, P.E. Title: General Pat6gee Senior Vice President Attest/Witness: Signature:944-�+L C Sr%�i P(r Print Name: Brian E. Schiessle, P.E. Title: Vice President CITY OF MI GEORGIA 0 By: Steven okoff, City Manager Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney 20 RATIFIED BY COUNCIL By: Joe Lockwood, Mayor [CITY SEAL] EXHIBIT "A" ECS Southeast, LLP Proposal for Geotechnical Exploration Morris Road Widening—Soil Survey City of Milton, Georgia ECS Proposal Number 10:15796_rev.2 March 15, 2021 ECS SOUTHEAST, LLP `Setting the Stondordfor Service' Geotechnical • Construction Materials • Environmental • Facilities March 15, 2021 Ms. Sara Leaders, PE Transportation Engineer City of Milton 2006 Heritage Walk Milton, Georgia 30004 Sara. Leaders(d� cityofm iltonga. us RE: Revised Proposal for Geotechnical Exploration Morris Road Widening — Soil Survey Morris Road from Webb Road / Deerfield Avenue to Bethany Bend City of Milton, Georgia ECS Proposal No. 10:15796_rev.2 Dear Ms. Leaders: Based on the information provided, ECS Southeast, LLP (ECS) is pleased to submit this revised proposal to perform a geotechnical exploration for the Morris Road Widening project. This proposal consists of project information, scope of services, fees, and schedule. PROJECT INFORMATION Our understanding is based on email and telephone correspondence with Mr. Daniel Sabia III, PE during the period of January 26 to March 15, 2021. We were provided with a Concept Layout — Morris Road from Webb Road / Deerfield Avenue to Bethany Bend, prepared by Pond and dated December 2020. We understand the project is located along Morris Road in the City of Milton, Georgia. The project consists of the widening of Morris Road, beginning just before its Roundabout intersection at Webb Road/Deerfield Avenue, extending approximately 0.65 miles northward to just beyond its intersection with Bethany Bend Currently. Morris Road is a two-lane road with deceleration and turn lanes as well as sidewalks on the eastern and western sides of Morris Road. The project calls for widening Morris Road to a four -lane roadway with new deceleration lanes, turn lanes, and new sidewalks. Based on review of the provided Concept Plan, a majority of the proposed roadway widening on the western side of Morris Road will occur within the existing right-of-way (ROW) and the roadway widening on the eastern side of Morris Road appears to extend beyond the existing ROW. Neither topographic nor grading information was provided. However, based on review of available topographic plans and aerial imagery, it appears much of the widening will require either earthwork cuts or fills on the order of 4 feet or less. The exception to this is in the environmentally sensitive 1281 Kennestone Circle, Suite 200, Marietta, GA 30066 • T: 770.590.1971 • F: 770.590.1975 • ecslimited.com ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Southwest, LLP Morris Road Widening — Soil Survey ECS Proposal No. 10:15796_rev.2 Page 2 areas (ESAs) on the eastern side of the intersection of Lathene Drive and Morris Road and just before the intersection of Bethany Bend and McGinnis Ferry Road where fills are assumed to exceed 4 feet. We understand our scope of services will not include the box culvert within the environmentally sensitive area just before Bethany Bend. The purpose of our exploration is to obtain subsurface information along the proposed new alignment for the roadway widening. We have made the following assumptions budgeting purposes: • The borings locations for the roadway widening are accessible with hand auger and Dynamic Cone Penetrometer (DCP) equipment. Hand clearing to access soil survey borings will not be required. • Borings will be backfilled with the auger cuttings. Any excess soil spoils will be left onsite. • Work may be performed during normal business hours (Monday - Friday 8am to 5pm). • Property owner notification will not be required or will be performed by others. • Repair of landscaping and grass is outside the scope of services. • Drilling and reporting will be modified from Georgia Department of Transportation (GDOT) typical standards and templates. • GDOT will not be involved with the Soil Survey report review. SCOPE OF SERVICES Field Exploration Based on information provided, we have budgeted for a total of 13 hand auger borings along the shoulders of the existing roadway alignment, within accessible areas along the proposed roadway widening of Morris Road. The hand augers will be advanced to depths ranging from 4 to 8 feet below the existing ground surface. In addition, Dynamic Cone Penetrometer soundings will also be performed to evaluate the relative density of the subgrade materials. Bulk samples from the auger cuttings will be obtained at each location for subsequent laboratory testing. Laboratory Testing Upon completion of pavement coring and hand auger operations, the samples will be returned to our laboratory in Marietta, Georgia. To assist in soil classification and estimation of engineering properties for the geotechnical engineering evaluation, limited laboratory soil testing will be performed. Laboratory work on selected samples will include moisture content, wash #200 gradation analysis, Atterberg Limit testing, standard Proctor testing and CBR testing. We will conduct laboratory tests in general accordance with ASTM or other widely accepted standards. Soil samples returned to our laboratory will be discarded 30 days after submitting our written report. EF Morris Road Widening — Soil Survey ECS Proposal No. 10: 1 5796—rev.2 Page 3 Engineering and Reporting When the field exploration and laboratory testing has been completed, ECS will prepare a written Soil Survey report in a modified GDOT format outlining our findings and recommendations. An electronic color PDF version of the report will be issued after completion. The report will describe the site conditions, geologic information, and subsurface conditions. The report will also include the boring logs and laboratory testing results, as well as an engineering evaluation of the site relative to the proposed roadway improvements. COST/SCHEDULE ECS will perform the geotechnical services on a lump sum basis for $12,750.00. This cost will not be exceeded without your approval. We assume that borings for the Soil Survey are accessible and can be marked out the field using approximate methods referencing existing site features. Boring elevations will be interpreted from topographic information supplied by you. If conditions are encountered which indicate that additional testing or engineering is advisable, we will contact you prior to exceeding the lump sum. The lump sum fee also assumes that work will be performed during normal business hours. Any additional services beyond the basic scope listed above will be performed in accordance with our standard unit prices. We are prepared to start immediately upon receipt of written authorization. ECS will obtain a utility ticket from the Georgia Utility Protection Center. Public utility clearance generally requires 3 days to complete. We estimate mobilizing ECS personnel to perform the fieldwork within 5 to 10 business days and that fieldwork can be completed in 2 to 3 working days, weather permitting. Once the field work has been completed, laboratory testing will take approximately 5 to 7 business days and the engineering analysis and preparation of the geotechnical report can be completed in another 5 to 7 working days for a total turnaround time of about 20 to 30 working days. To expedite your evaluations, verbal opinions on geotechnical related issues could be offered shortly after the fieldwork had been completed. CLOSING ECS is prepared to initiate this proposal in a timely manner upon receipt of written authorization to proceed. To accept this proposal, please sign the attached Proposal Acceptance page and return one copy to ECS to authorize our proposed scope of work. . he" .. nsti6 to the entire (Fi ent between the (M:....1 and CIAO Morris Road Widening — Soil Survey ECS Proposal No. 10:15796_rev.2 Page 4 Thank you for allowing us to offer our services on this project. If you have questions concerning the contents of this proposal, or if we can be of further service, please contact us at (770) 590- 1971. Sincerely: ECS SOUTHEAST, LLP as represented by: /obertrnes, P.E., P.G. Principal Geotechnical Engineer Attachments: Terms and Conditions of Service Brian Schiessle, P.E. Senior Geotechnical Engineer EXHIBIT "B" ECSSOUT-01 MLEE ACORO" CERTIFICATE OF LIABILITY INSURANCE DATD Y) a/s/zoz1 41612 THIS CERTIFICATE IS ISSUED- AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER c TACT Meg S. Lee, CIC The Andersen Insurance Group 14026 Thunderbolt Place Suite 200 Chantilly, VA 20151 PHONE FAx INC, No, Bad): (703) 988-0900 102 NC, No): B' o .meg theandersengrp.com INSURERS AFFORDING COVERAGE NAICN X INSURERA:CInCInnaN Insurance Company 10677 ENP0219991 INSURED INSURER B: Federal Insurance Company 20261 ECS Southeast, LLP 14026 Thunderbolt Place Suite 500 INSURERC:Bankers Standard Insurance Company 18279 su ED:ACE American Insurance Company 22667 INSURER E : Chantilly, VA 20151 INSURER F: PERSONALBADV INJURY $ 1,000,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -U& TYPE OF INSURANCE ADDL INSR SUER POLICYNUMBER POLICY EFF IMMrDDrYYYYI POLICY EXP UNITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE L�] OCCUR Contractual Liab X X ENP0219991 121112020 1211/2021 EACH OCCURRENCE $ 1,000,000 X DAMAGE TOERRENTED 3 500,000 MED EXP (Any oneperson) S 10'000 X X C U PERSONALBADV INJURY $ 1,000,000 LIMIT APPLIES PER: POLICY [K Pea- F-1 LOC GENERAL AGGREGATE $ 2'000'000 GENLAGGREGATE PRODUCTS - COMPIOP AGO S 2'000,000 S OTHER: A AUTOM0131ULIABIUW COMBINEDSINGLE LIMIT $ 1,000,000 BODILY INJURY Per erson s X ANYAUTO OWNED SCHEDULED AUTOS ONLY AUCU�THI.�OSWUNLEEDD X X EBA0659255 121112020 12/1/2021 BODILY IryNJURY Perevidenl S fge0F.ERrfan DAMAGE $ X AUTOS ONLY X MrIOOSONLY $ B X UMBRELLA UABX OCCUR EACH OCCURRENCE S 5'000'000 EXCESS LIAR CLAJMSd1ADE X X 79891344 121112020 1211/2021 AGGREGATE s 5'000'000 DED X RETENTIONS D 3 C ANO EMPLOYERS' LIABILIIT' ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFlCERIMEn BER EXCLUDED? N❑ 1 do oto I NNN�) If yes, desulbe under DESCRIPTION OF OPERATIONS below NIA X 71764167 1211/2020 121112021 X ST T T ORH E.L EACH ACCIDENT 3 1,000,000 E.L. DISEASE -EA EMPLOYE S 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Excess Liability EXS0220000 12/1/2020 121112021 Occ/Aggr 10,000,000 D Pollution Liability CPMG28192289 12/1/2020 12/112021 Inc/Aggr 10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be anachad If more apace Is required) Re: Geotechnical Services — Morris Road Widening Project The Certificate Holder is included as an Additional Insured vdth respect to General Liability, Automobile Liability and Umbrella Liability coverage where required by Written contract A Waiver of Subrogation applies where required by written contract. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Milton, Georgia 2006 Heritage Walk THE ACCORDANCE WITH THE POLTION DATE ICYE O, O TICE WILL BE DELIVERED IN S. Milton, GA 30004 AUTHORIZED /REPRESENTATIVE /zl"� ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT "C" See Exhibit `A" EXHIBIT "D" STATE OF Georgia COUNTY OF IT— 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: 1200580 Federal Work Authorization User Identification Number 05.30.2017 Date of Authorization ECS Southeast, LLP Name of Contractor Geotechnical Exploration for Morris Road W idenine Name of Project City of Milton. Georgia Name of Public Employer 1 hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 04/15 , 2021 in Marietta -� (city),A (state). �4LCLI1i �c�C'./LLF.Q4Y.d� �� Signature of Authorized Officer or Agent Brian E. Schiessle, P.E.Nice President Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 15th DAY OF April . 20 21. GEORGIA �� 08.29.2024 STATE OF _ COUNTY OF EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT "N/A" 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 ECS Southeast, LLP 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 Geotechnical Exploration for Morris Road Widenine 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 A. CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 20, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Pond & Company, Inc. for Former Milton Country Club Stormwater Management. MEETING DATE: Monday, April 26, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X April 26, 2021 X X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on April 16, 2021 for the April 26, 2021 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Pond & Company, Inc. for Former Milton Country Club Stormwater Management. _____________________________________________________________________________________ Project Description: This project includes a hydrology study and a concept of stormwater infrastructure requirements for the Former Milton Country Club passive park property. The project includes the option to prepare drawings and specifications for the construction of a stormwater management system of pipes, ditches, swales, detention ponds, and other infrastructure to manage stormwater runoff and improve water quality. The overall goal of the hydrology study is to recommend improvements that will provide natural flow paths and low maintenance infrastructure. The stormwater management plan will be developed in unification with the adopted Plan the Park Master Plan. Procurement Summary: Purchasing method used: RFP Account Number: 300-6210-541200001 Requisition Total: $28,750.00 Vendor DBA: Pond & Company, Inc. Financial Review: Bernadette Harvill, April 16, 2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – April 14, 2021 Concurrent Review: Steven Krokoff, City Manager Attachment: Professional Services Agreement 1 PROFESSIONAL SERVICES AGREEMENT Former Milton Country Club Stormwater Management THIS AGREEMENT is made and entered into this_____ day of _____________, 20___ (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the “City”), and Pond & Company, a Georgia corporation, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set 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: 2 Exhibit “A” – City Solicitation Documents Exhibit “B” – Consultant Response/Proposal Exhibit “C” – Scope of Work Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit Exhibit “F” – Key Personnel B. Project Description. The “Project” at issue in this Agreement is generally described as: preparation of a hydrology study including reports and a concept of stormwater infrastructure requirements with the option to prepare drawings and specifications for the construction of a stormwater management system at the Former Milton Country Club, 1785 Dinsmore Rd, Milton, Georgia. 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. Work related to Tasks 1 and 2 shall be completed within seven weeks of a Notice to Proceed and provision of GIS information by the City. Should the City choose to continue Task 3 with Contractor, that related work may be added by negotiated Change Order and it is anticipated that the Change Order will require Task 3 to be completed within nine (9) months from the Notice to Proceed issued by the City. The Agreement shall terminate upon completion and payment for all Work, provided that certain obligations will survive termination/expiration of this Agreement. If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on September 30 each fiscal year of the Term, and further, that this Agreement shall automatically renew on October 1 of each subsequent fiscal year absent 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, and such invoices shall reflect costs incurred versus costs budgeted. 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 each invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall be $28,750.00 for Tasks 1 and 2, which shall be the “Maximum Contract Price”. Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by Tasks 1 and 2 of this Agreement. The compensation for Work performed shall be based upon a flat fee for each of Tasks 1 and 2. The City, at its discretion, may choose to negotiate the scope and fees with the Consultant for the development of construction documents (Task 3) based on the results of Tasks 4 1 and 2 developed as part of the RFP as described in Exhibit “A”. C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows: X There shall be no reimbursement for costs. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant; Licenses, Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et 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 to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant’s profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s profession and industry, Consultant will give written notice immediately to City. C. City’s Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant’s Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant’s performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under 5 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. _____________________ [INSERT NAME] 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 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”), to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify 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 Kevin Hendrix 6 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 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. 7 (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 limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Consultant must secure Workers’ Compensation coverage approved by both the State Board of Workers’ Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers’ Compensation Act. Further, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ _____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: (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 8 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. The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) 9 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. (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. 10 (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, 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 11 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.] [DESIGNATE/MARK APPROPRIATE CATEGORY] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. 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 X 12 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 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 13 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 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 14 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 participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. P. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant (“Materials”) shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of 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. 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 subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, 15 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. __Sara Leaders_______ shall be authorized to act on City’s behalf with respect to the Work as City’s designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section 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. 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. 16 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. District Court for the Northern District of Georgia – Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. 17 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: Pond & Company 3500 Parkway Ln, Ste 500 Peachtree Corners, GA 30092 G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and c/o Kevin Hendrix 18 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. 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 19 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: Pond & Company 7 ignature: Print e: J mes McNabb, PE Title: [CIRCLE O Presiden ice President Corporation) Attest/Witness: Signab6 ; Print Name: Lorraine Greeff Title: Corporate Secretary (Assistant) Corporate Secretary (required if [CORPORATE SEAL] CITY OF MILTON, GEORGIA RATIFIED BY COUNCIL By: Steven Krokoff, City Manager Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney By: Joe Lockwood, Mayor 20 [CITY SEAL] EXHIBIT “A” CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 21-PW05 RFP Title: Former Milton Country Club Stormwater Management Due Date and Time: February 23, 2021 at 2:00 pm EST **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. Number of Pages: 52 ISSUING DEPARTMENT INFORMATION Issue Date: January 28, 2021 City of Milton Public Works Department 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Website: www.cityofmiltonga.us INSTRUCTIONS TO CONSULTANTS Electronic Submittal: **Bids must be submitted electronically via Milton’s BidNet procurement portal/platform at www.cityofmiltonga.us If you have not registered as a vendor via BidNet we encourage you to register. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchasing Group. Mark Face of Envelope/Package: RFP Number: 21-PW05 Name of Company or Firm Special Instructions: Deadline for Written Questions February 15, 2021 by 5:00 PM Submit questions online via the BidNet Direct procurement portal at www.cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address: Authorized Consultant Signatory: (Please print name and sign in ink) Consultant Phone Number: Consultant FAX Number: Consultant Federal I.D. Number: Consultant E-mail Address: CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2 | RFP 21-PW05 TABLE OF CONTENTS Consultant’s RFP Checklist Disclosure Form Proposal Letter Contractor Affidavit and Agreement (eVerify) Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Consultant Proposal Qualifications Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Sample Standard Contract 3 | RFP 21-PW05 CONSULTANT’S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1._______Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2._______Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3._______Attend the pre-qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4._______Take advantage of the “question and answer” period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted on the City’s website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the RFP. 5._______Follow the format required in the RFP when preparing your response. Provide point-by- point responses to all sections in a clear and concise manner. 6._______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. _______Check the website for RFP addenda. Before submitting your response, check the City’s website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. _______Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. _______Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Consultant’s response. 4 | RFP 21-PW05 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Consultant _____________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) _______________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 5 | RFP 21-PW05 RFP# 21-PW05 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) 21-PW05, Former Milton Country Club Stormwater Management. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Company Name Here_______________________________________________ 6 | RFP 21-PW05 CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL 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 Former Milton Country Club Stormwater Management Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _________________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ 7 | RFP 21-PW05 SCHEDULE OF EVENTS Task Date Issue RFP January 28, 2021 Deadline for Questions February 15, 2021 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, February 17, 2021 Proposals Due By 2:00 p.m. EST on February 23, 2021 Award Contract April 2021 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 8 | RFP 21-PW05 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting proposals from qualified consultants to provide engineering services on Former Milton Country Club including Hydrology and Hydraulic Services and possible further design services. All Consultants must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until a Consultant is selected, Consultants are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes, Procurement Manager. Any unauthorized contact may disqualify the Consultant from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes, Procurement Manager Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Consultants should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement officer identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Consultants with questions or requiring clarification or interpretation of any section within this RFP must submit their questions via the solicitation link on BidNet Direct, the procurement portal on the City’s website, on or before 5:00 PM (EST) on February 15, 2021. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City’s Answers. The City will provide an official written answer to all questions on or about February 17. 2021. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to 9 | RFP 21-PW05 this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltonga.us . Consultants must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, Consultant agrees to acceptance of the City’s standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the Consultant’s RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Consultant’s ability to respond to the RFP or perform the contract. The City reserves the right to address non-material, minor, insubstantial requests for exceptions with the highest scoring Consultant during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all Professionals submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, a Consultant must meet the intent of all mandatory requirements. The City will determine whether a Consultant’s RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 NON-DISCRIMINATION All qualified applicants will receive consideration without regard to age, handicap, religion, creed or belief, political affiliation, race, color, sex or national origin. 1.4 SUBMITTING PROPOSALS Consultants must organize their proposals into sections that follow the following format. A. Submittal Requirements. Proposals shall include the following: 10 | RFP 21-PW05 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Technical Proposal: Each Technical Proposal Shall be: 1. No more than four (4) single sided pages 2. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit a. Minimum of 11-point font Each Technical Proposal Shall Contain: a. Design Team – include project staffing, qualifications of the design team, and what sets the team apart b. Work Plan – provide an anticipated project schedule, any anticipated challenges, and any innovative approaches c. Related Projects and References - Describe at least two (2) similar projects with references and the degree of involvement of team members d. Pricing (See Section 5.0) 5. Applicable Addenda Acknowledgement Forms (if necessary) Consultants must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Consultants failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non- responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. Proposals must be submitted electronically via Milton’s BidNet procurement portal/platform at www.cityofmiltonga.us . Proposals will be opened at approximately 2:30 p.m. and names of Firms will be announced. **Pending updates relating to COVID-19, the City may conduct the bid opening via a virtual meeting. Responding Consultants will be emailed a meeting link should the need to hold this type meeting arise. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Consultant’s sole risk to assure proposals are submitted via the BidNet Direct procurement portal by the designated time. Late proposals will not be 11 | RFP 21-PW05 accepted. 1.5 CONSULTANT'S CERTIFICATION A. Understanding of Specifications and Requirements By submitting a response to this RFP, Consultant agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days A proposal may not be modified, withdrawn or canceled by the Consultant for a 120-day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and Consultant so agrees in submitting the proposal. The City of Milton may, in the event the selected proposer fails to perform and/or the contract is terminated within forty-five days of its initiation, request the proposer submitting the next acceptable proposal to honor its proposal. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the Consultant. The City is not liable for any expense incurred by the Consultant in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Consultant resulting from this RFP process. 12 | RFP 21-PW05 SECTION 2: RFP STANDARD INFORMATION 2.1 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.2 CONSULTANT COMPETITION The City encourages free and open competition among Consultants. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies. 2.3 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the Consultant; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from a Consultant’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes, Procurement Manager, for additional information. 13 | RFP 21-PW05 Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Consultants must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party. 2.4 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if an Consultant has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring Consultant or, if necessary, to seek discussion/negotiation in order to determine the highest scoring Consultant. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the Consultant’s proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Consultants outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have 14 | RFP 21-PW05 no bearing on any award, and may result in the Consultant being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Consultants should clarification or negotiation be necessary. Consultants may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Consultants should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Consultant’s expense. F. Best and Final Offer. The “Best and Final Offer” is an option available to the City under the RFP process which permits the City to request a “best and final offer” from one or more Consultants if additional information is required to make a final decision. Consultants may be contacted asking that they submit their “best and final offer,” which must include any and all discussed and/or negotiated changes. The City reserves the right to request a “best and final offer” for this RFP, if any, based on price/cost alone. G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer may issue a “Request for Documents Notice” to the highest scoring Consultant to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. I. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Consultant whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Consultant fails to provide necessary 15 | RFP 21-PW05 documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Consultant. J. Contract Award. Contract award, if any, will be made to the highest scoring Consultant who provides all required documents and successfully completes contract negotiation. 2.5 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select a Consultant without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Award a portion of this RFP or not award any portion of this RFP if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 16 | RFP 21-PW05 SECTION 3: SCOPE OF PROJECT 3.0 PROJECT LOCATION 3.1 GENERAL SCOPE OF SERVICES This project includes a hydrology study and stormwater management concept plans with the option to advance to stormwater construction design of stormwater drainage improvements at the Former Milton Country Club in the City of Milton. It shall be the Consultant’s responsibility to design, prepare, assemble and coordinate the necessary documents to complete studies, reports, recommended stormwater management concept infrastructure layout, and if determined, provide plans with infrastructure specifications for a final set of construction plans. The completed documents must comply with all applicable local, state, and federal environmental laws and regulations. 17 | RFP 21-PW05 3.2 SPECIFIC SCOPE OF SERVICES The City of Milton (City) is seeking the services of a professional engineering consultant to prepare a hydrology study and a concept of stormwater infrastructure requirements with the option to prepare drawings and specifications for the construction of a stormwater management system of pipes, ditches, swales, detention ponds, and other infrastructure to manage stormwater runoff and improve water quality from Milton Park and the encompassed Wood Valley subdivision. The overall goal of the hydrology study is to recommend improvements that will provide natural flow paths and low maintenance infrastructure. There should be limited use of piping and no walled structures. The stormwater management plan should be developed in unification with the adopted Plan the Park Former Milton Country Club Master Plan, available for download at (https://www.cityofmiltonga.us/home/showpublisheddocument?id=1532). Proposed hydrology study and infrastructure is considered an initial stormwater management phase to provide drainage infrastructure recommendations to the current trail layout and site pond detention requirements. Consideration should be given in the removal, replacement, or a more natural/cost effective conveyance for the existing drainage systems on City property. Consultants should provide a proposed bid price to provide a complete set of hydrology and hydraulic reports that include stormwater infrastructure concept layouts for site stormwater management. Based on the infrastructure recommendations, the City may negotiate future phases for detail designs of stormwater infrastructure specifications and locations to complete a set of construction plans for the site. The Consultant shall be qualified, and the proposal shall demonstrate the ability to prepare all engineering/design items including, but are not limited to, items specified in the tasks presented below. The expectation from the City is that Task 1 and Task 2 will be completed on or before September 1, 2021. The City can provide the following information in support of the stormwater management work: • Master plan for The Park at the Former Milton Country Club • 2-foot aerial topography (provided as an export from GIS in available CAD formats) • 2019 aerial photography (provided as an export from GIS) • Boundary survey in pdf and CAD by TerraMark Land Professional Surveying dated 12/07/17 • Modified trail phasing plan and locations for Spring 2021 construction bid 18 | RFP 21-PW05 • Design file on proposed trail layout for Modified Phases 1A, 1B, 1C (DWG format) • Final plat(s) in pdf format for the Wood Valley Subdivision. The work program and study outline consist of following tasks: Task 1 Site Hydrological Studies for Stormwater Runoff Evaluation An NRCS hydrologic value of CN 55 hydrology site study and an existing site surface conditions for a hydrology site study. These hydrology studies with CN 55 and existing site condition will be developed for points of analyses for all drainage basins associated with the Wood Valley subdivision and the Milton Country Club property. These two studies will be compared to demonstrate the necessary detention requirements to restore stormwater runoffs from these sites to a surface condition of a CN 55 value for a 25-year storm event with Milton’s downstream discharge requirements for a 50 and 100-year storm event. The final reports shall be professionally stamped and signed by a professional engineer. Task 2 Stormwater Management Infrastructure Hydraulics Stormwater Management hydraulic studies. This report will include hydraulic calculations to support all necessary trail stormwater infrastructure and detention infrastructure that meet storm water runoff requirement for City regulations on a 25-year storm event and with pond downstream discharge requirements for the 50 and 100-year storm event. This study shall provide infrastructure concepts that demonstrate locations and sizes of the stormwater infrastructure according to current Milton regulations and standards. These hydraulic studies will be prepared according to the proposed site trail layout. The task will include concept plans for proposed stormwater management infrastructure layout. The final hydraulic calculations and proposed plan layout shall be professionally stamped and signed by a professional engineer. This task is to provide a first iteration of studies and may require updating as part of future task 3 with construction design details. Task 3 Stormwater Infrastructure Construction Design Plans The City, at its discretion, may choose to negotiate the scope and fees with the Consultant for the development of construction documents based on the results of task 1 and 2 developed as part of this RFP. 19 | RFP 21-PW05 Stormwater Management Construction Plans with Design Details. These plans will locate the final trail stormwater infrastructure and detention facilities with enough engineering details/specifications that can support construction plans of a storm water management system for a 25-year storm event and ponds that meet a downstream 100-year storm event. The engineering services shall include adequate details and specifications necessary to prepare construction drawings of all stormwater infrastructure including ditches, pipes, structures, detention ponds to adequately support a stormwater management system for the Milton Country Club Park and the Wood Valley subdivision at a 25-year storm event. All proposed storm water infrastructure layout shall have its own separate set of specifications, dimensions, quantities, to support a stormwater management construction design plan for the site. The engineered reports, concept plans and construction plans shall, at a minimum, include the following as applicable per task: a. Site grading and drainage plans to establish a stormwater management system. b. Proposed stormwater infrastructure locations with sizes and specifications. c. Detention pond locations with proposed storage volumes and outlet control details. d. The proposed site layout will consider environmental regulations for site restrictions. e. The proposed site layout will consider Milton tree protection regulations. f. Construction details with design data tables of profiles with cross sections for pipes, ditches, swales, and other necessary infrastructure. g. Pond size/location details to meet current stormwater regulations and standards for a stormwater management system according to the Georgia Stormwater Management Manual. h. Professionally signed and sealed hydrology and hydraulic stormwater management reports with proposed stormwater infrastructure layout plans. i. City review(s) for compliance of regulations and acceptable engineering practices on all deliverables (studies, reports, plans, and engineered details) as required before final acceptance of the completed documents. For tasks 1 & 2, Consultant is to provide an estimated stormwater management system cost. For task 3, Consultant is to provide an itemized construction cost estimates for the entire proposed stormwater infrastructure. 20 | RFP 21-PW05 Provide any digital files of engineering drawings (DWG format tied to state plane coordinates and including Benchmark data and datum information) and three (3) hard copies of the drawings signed and sealed by a professional engineer licensed and qualified to do business in the State of Georgia. SECTION 4: CONSULTANT PROPOSAL QUALIFICATIONS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Consultant to provide the supplies and/or perform the services specified. 4.1 CONSULTANT INFORMAL REQUIREMENTS Consultants interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 21 | RFP 21-PW05 SECTION 5: COST PROPOSAL ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ♦ The Consultant’s cost proposal shall be signed by an authorized agent of the company. The undersigned Consultant, having familiarized themselves with the work required by the RFP, the solicitation documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this offer for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by Consultant for the total contract price of: Task 1 Site Hydrological Studies for Stormwater Runoff Evaluation Price (Not to exceed) $________________________________ Task 2 Stormwater Management Infrastructure Hydraulics Price (Not to exceed) $________________________________ Total Price (Not to Exceed) $__________________________________________ Print Total Price in Words _________________________________________ Print/Type Company Name: ___________________________________________________ Authorized Signature______________________________ Date_______________________ Print/Type Name_______________________________________________________________ Print/Type Title_________________________________________________________________ 22 | RFP 21-PW05 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the proposals according to the criteria listed below. • A selection team for the City will initially evaluate and score all submittals received. • Proposals not meeting the minimum requirements and those who are non-responsive will not be considered. • Cost Proposals will be reviewed after the technical review process. Proposal Evaluation Criteria: Qualifications of the design team 20 pts. • Organization strength and stability • Education and experience of the assigned staff • Key personnel’s level of involvement • Proximity and availability of key personnel Work Plan 20 pts. • Project approach • Project innovations • Schedule Related Projects and References 20 pts. • Experience and technical competence on similar projects • Previous experience with City of Milton projects • Previous experience as a design team • Quality of the final work product • Ability to meet schedules Price (Section 5) 40 pts. 1. Interviews and Product Demonstration If applicable, short-listed Firms will be invited to make a presentation to the City of Milton. At this time, they can provide live demonstrations and discuss the benefits with the City. A question and answer will follow the presentation. 2. Final Ranking Upon completion of the interviews and demonstrations, the evaluation committee will rank the short-listed proposals based on a combination of the evaluation scores. 23 | RFP 21-PW05 The City has the right to award this contract solely based upon review of the submitted proposals and subsequent negotiations. SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City’s standard contract is attached to this document as Appendix A. Consultant should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the Consultant’s RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non-material, minor, insubstantial exceptions to the standard contract with the highest scoring Consultant at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the Consultant’s RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City’s standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring Consultant. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONTRACTOR The highest scoring Consultant will be the prime contractor if a contract is awarded and shall be responsible, in total, for all work of any sub-contractors. All sub- contractors, if any, must be listed in the proposals. The City reserves the right to approve all sub-contractors. The Contractor shall be responsible to the City for the acts and omissions of all sub-contractor or agents and of persons directly or indirectly employed by such sub-contractor, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 24 | RFP 21-PW05 7.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Contractor is required to supply the City of Milton with proof of compliance with the Workers’ Compensation Act while performing work for the City. Neither the Contractor nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within ten (10) working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO CONSULTANTS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Contractor must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub-contracting by the Contractor subjects sub-contractors to the same provision. The Contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. ~ SAMPLE CONTRACT INTENTIONALLY OMITTED ~ RFP 21-PW05, Addendum #1 1 | Page ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 21-PW05 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #1 RFP 21-PW05, Addendum #1 2 | Page ADDENDUM #1 RFP 21-PW05 Questions and Answers This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: 1. May the cost proposal/pricing be excluded from the 4-page limit? The Cost Proposal and other required forms do not count towards the 4-page limit of the technical proposal. Additionally, the Cost Proposal itself should be submitted in a file separate from the technical proposal. 2. Can an additional original cover letter be submitted with the proposal outside of the 4 page limit? Yes, a single page additional cover letter may be submitted and not count towards the 4-page limit. 3. Can we include full key personnel resumes in an appendix of the proposal? Key personnel resumes may be included in the appendix. Appendix items will not count toward page limit. Qualifications and related project information in the proposal will be used in the scoring. 4. Could you please confirm that Task 3 fees are not included on this proposal? Fees for task 3 are not to be included in this proposal. 5. Please clarify if we need to attend and prepare presentations for public meetings, and if this needs to be included in the fee. Please include presentation preparation and attendance at one public meeting in the proposal and fee. 6. Does GIS data exist of the stormwater infrastructure within The Park of the Former Milton Country Club? If so, will the City be providing this in support of the project? The boundary survey includes the stormwater infrastructure locations and sizes within the Park at the Former Milton Country Club. Inverts and condition of pipes are not included. 7. Are there any known wetlands within the study area? The boundary survey includes identification of stream buffers, wet weather ditches and flood zones but did not specifically identify wetlands. Further identification could be negotiated with future tasks if proposed infrastructure is in a potential environmentally sensitive area. 8. Under Task 1 and Task 2, the RFP indicates only the 25, 50, and 100 year storm events are to be studied, yet the city of Milton requirements (Municode section 20-243) follow the state manual, which require water quality. Please clarify the intent of the level of study. (page 18 of the RFP) The intent of this study is to model the 1 yr., 25 yr., 50 yr., and 100 yr. storm events. These models will be used in Task 2 to establish capacities with sizes of pipe and conveyances for a 25 yr. storm event. These models will also be used in Task 2 to establish detention volumes and outlet control devices to meet GA SWMM sections for 2.2.4.2 CHANNEL PROTECTION (CPV), 2.2.4.3 OVERBANK FLOOD PROTECTION (QP25) , and 2.2.4.4 EXTREME FLOOD PROTECTION (Qf 50 & 100) as defined in the GA SWMM for a downstream Analysis: “If (Qf 50 & 100) is being detained, RFP 21-PW05, Addendum #1 3 | Page downstream areas should be checked to ensure there is no peak flow increase above pre-development conditions( CN55) to the point where the site area is 10% of the total drainage to that point.” Task 3 will add design and details for water quality volumes and water quality BMP requirements according to GA SWMM 2.2.4.1 WATER QUALITY VOLUME (WQV). 9. If warranted, based on the timing of the hydrographs, will release without detention on higher storms be allowed, to avoid creating or worsening downstream flooding issues? Chicken Creek extends over 3 miles to the northeast, just over the county line into Cherokee County. (No specific reference to RFP) No. Task 2 of the RFP will only need to meet GA SWMM 2.2.4.4 EXTREME FLOOD PROTECTION (Qf 50 & 100) as defined for a downstream Analysis: “If (Qf 50 & 100) is being detained, downstream areas should be checked to ensure there is no peak flow increase above pre-development conditions( CN55) to the point where the site area is 10% of the total drainage to that point.” 10. Is a downstream analysis required? Are there any known downstream flooding issues? (No specific reference to RFP) Task 2 will include a study that demonstrates the site meets GA SWMM 2.2.4.4 EXTREME FLOOD PROTECTION (Qf 50 & 100) as defined for a downstream Analysis: “If (Qf 50 & 100) is being detained, downstream areas should be checked to ensure there is no peak flow increase above pre-development conditions( CN55) to the point where the site area is 10% of the total drainage to that point.” There are no known downstream flooding issues. 11. What do the 3 user amenities entail on page 13 of the park plan? The hydrology will have minimal impact created by the user amenities. These amenities may include a shelter and seating areas. The City will provide a square footage of impervious to consider for these areas when the study begins. 12. Should the Curve Number for the site include the proposed reforestation discussed on page 14 of the park plan? Has this tree plan been developed? Curve number should be based on current site conditions and planned trail. 13. Are we providing a price on tasks 1 and 2 at this time, or all three? Provide price on only tasks 1 and 2. EXHIBIT “B” Former Milton Country Club Stormwater Management RFP NUMBER: 21-PW05 FEBRUARY 23, 2021 Pond Qualifications | RFP #21-PW05 | Former Milton Country Club Stormwater Management Table of CONTENTS 02 1. Request for Proposal Cover Page 03 2. City of Milton Disclosure Form 04 3. Proposal Letter 05 4. Contractor Affidavit and Agreement 06 5. Technical Proposal 10 6. Addenda SEPARATE Cost Proposal Pond Qualifications | RFP #21-PW05 | Former Milton Country Club Stormwater Management Request for Proposal Cover Page REQUEST FOR PROPOSAL COVER PAGE | 1 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 21-PW05 RFP Title: Former Milton Country Club Stormwater Management Due Date and Time: February 23, 2021 at 2:00 pm EST **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. Number of Pages: 52 ISSUING DEPARTMENT INFORMATION Issue Date: January 28, 2021 City of Milton Public Works Department 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Website: www.cityofmiltonga.us INSTRUCTIONS TO CONSULTANTS Electronic Submittal: **Bids must be submitted electronically via Milton’s BidNet procurement portal/platform at www.cityofmiltonga.us If you have not registered as a vendor via BidNet we encourage you to register. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchasing Group. Mark Face of Envelope/Package: RFP Number: 21-PW05 Name of Company or Firm Special Instructions: Deadline for Written Questions February 15, 2021 by 5:00 PM Submit questions online via the BidNet Direct procurement portal at www.cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address: Consultant Phone Number: Consultant FAX Number: Consultant Federal I.D. Number: CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE Pond & Company 3500 Parkway Lane, Suite 500 Peachtree Corners, GA 30092 678.336.7740 678.336.7744 Consultant E-mail Address:58-1639128 WilderM@pondco.com | HendrixK@pondco.com Authorized Consultant Signatory: Matthew Wilder, PLA, ASLA (Please print name and sign in ink) 2 Pond Qualifications | RFP #21-PW05 | Former Milton Country Club Stormwater Management Disclosure Form4 | RFP 21-PW05 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Consultant _____________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) _______________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ DISCLOSURE FORM | 2 3 Pond & Company N/A Pond Qualifications | RFP #21-PW05 | Former Milton Country Club Stormwater Management Proposal Letter5 | RFP 21-PW05 RFP# 21-PW05 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) 21-PW05, Former Milton Country Club Stormwater Management. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Company Name Here_______________________________________________ Matthew Wilder, PLA, ASLA Pond & Company 2.18.2021 PROPOSAL LETTER | 3 4 Pond Qualifications | RFP #21-PW05 | Former Milton Country Club Stormwater Management Contractor Affidavit and Agreement CONTRACTOR AFFIDAVIT AND AGREEMENT | 4 5 Pond Qualifications | RFP #21-PW05 | Former Milton Country Club Stormwater Management 6 TECHNICAL PROPOSAL | 5 The Team Pond has an extensive history in developing environmentally conscientious stormwater management systems, many of which are fully integrated into public park projects by our Infrastructure Studio. This experience sets us apart from many other design firms—we understand that this project is not just the design of another detention pond. The proposed design needs to result in practices that appear natural, blend into the environment while being fully adequate to properly handle the anticipated flows, and also be cost conscious both in initial construction and ongoing maintenance expenditures. Key staff proposed for this project are described on this sheet. This project can be completed completely in-house by the professionals at Pond. Our team of civil engineers, landscape architects, and environmental scientists will work side-by-side to develop thoroughly vetted and tested solutions to meet the City of Milton’s needs and provide long-lasting solutions to water, recreation, and natural environment concerns. Technical Proposal Kevin Hendrix, PE Project Manager Professional Engineer: GA #038968 Kevin is a graduate of Southern Polytechnic State University, with degrees in both Civil Engineering and Construction Engineering. He has over 15 years of relevant experience, with a focus on stormwater management modeling and green infrastructure design. For this project, Kevin will be the project manager and main point of contract for the City. He will bring his passion for stormwater management to lead the design process, and his extensive experience with managing local government projects will help guide a successful project for the City of Milton. Fred Halterman, PE, CFM Water Resources Lead Fred has over 30 years of experience specializing in hydrologic/hydraulic watershed design and storm water conveyance/management design. He is a certified floodplain manager and is Georgia Safe Dams certified. His experience includes several projects in the City of Milton. For this project, Fred will guide the hydraulic and hydrologic calculations, and provide technical quality control review services. Tanya Norman, PE Stormwater Engineer Tanya has over 15 years of experience with complex civil engineering projects, including many with a stormwater focus. Her experience includes master hydrology studies and green infrastructure designs within public park spaces. For this project, Tanya will serve as the lead stormwater engineer, leading the completion of all modeling, reporting, and conceptual design tasks. Flynt Barksdale, PWS Environmental and Natural Channel Design Flynt has over 11 years of experience in environmental consulting and streambank restoration/natural channel design. He has extensive experience with environmental permitting and with field delineation/ assessment. For this project, Flynt will be a resource for discussion of any environmental permitting concerns and will help guide the conceptual design of natural channels. Matt Wilder, PLA, ASLA Landscape Architect Matthew’s career has been focused on public spaces; from the BeltLine Trails and Parks in Atlanta, to the AlphaLoop in Alpharetta, Matthew has enjoyed working with communities to increase access to greenspace. He can bring this experience to this project to help ensure that any proposed stormwater management features blend into the fabric of the public greenspace and trail network. Pond Qualifications | RFP #21-PW05 | Former Milton Country Club Stormwater Management 7 Work Plan In accordance with the provided request for proposal, the Pond team will complete the following: Task 1 Under this task, Pond will complete the following: Compilation and review of provided documentation. Site walk to observe existing conditions. Selection of study points and delineation of onsite drainage basins. Hydrologic modeling of each basin. Two models will be provided- one considering all drainage areas as predeveloped with a CN of 55, and a second considering current site runoff conditions. The models will be compared to determine approximate stormwater detention volumes for each drainage area. A report will be prepared that summarizes results and contains all model outputs, calculations, and basin maps. This report will be signed and sealed by a Georgia licensed professional engineer and provided to the city for review. Task 2 Using the results of Task 1, Pond will complete conceptual design of stormwater management and conveyance measures. This task includes: Conceptual design of stormwater management practices to reduce peak flows to less than predevelopment flows in accordance with Milton regulations. Conceptual design of natural conveyance channels where current pipe systems are failing. Conceptual designs will include concept level grading plans (based upon provided information) and general details. An opinion of probable construction cost will be developed based upon the conceptual designs. A report will be prepared that summarizes the design criteria, the proposed conceptual designs, and the opinion of probable cost information. The report will also include conceptual exhibits and the results of all modeling and calculations. Challenges The conceptual designs in Task 2 will be based upon provided GIS files, and will need to be updated with field run survey to complete final design. This could result in changes to the design that could have a cost impact. Green infrastructure practices often rely on stormwater infiltration, which can be a challenge in Georgia with our soils, especially in low-lying areas near creeks and other bodies of water like we have on this project. Verification of infiltration rates will need to occur prior to final design that could result in design changes. Preservation of existing trees could limit areas available for stormwater management. Challenges Green Infrastructure can provide runoff reduction and decrease CN values proportionally to the volume of runoff infiltrated. Properly designed, green infrastructure is cost effective and will provide a low visual impact to help maintain the aesthetics of the park. Regenerative stormwater conveyance measures can provide safe passage of stormwater flows while also providing runoff reduction measures. Building in an educational component into the proposed stormwater practices (through something as simple as signage) can provide awareness of stormwater issues throughout the community by residents. Innovative Approaches Activity Duration Task 1 3 weeks Task 2 4 weeks Total Duration 7 weeks from NTP & receipt of GIS/record information Schedule Rendering of Restoration Park, Stormwater focused park Pond Qualifications | RFP #21-PW05 | Former Milton Country Club Stormwater Management 8 Contact Information: Shannon Lee | The Conservation Fund 100 Peachtree Street NW, Suite 2160 Atlanta, GA 30303 P: 404.221.0405 | E: slee@conservationfund.org Lindsay Street Park Atlanta, GA Working with The Conservation Fund, Pond designed a passive park with an emphasis on stormwater quality on several parcels in the English Avenue area of Atlanta. Where stormwater previously flowed from the neighborhood, through the park parcels, and unchecked into the significantly impaired and flood-prone Proctor creek, practices within the park now treat runoff through green infrastructure before discharging through a new natural drainage channel to the creek. Educational signage was provided to allow residents of the area to experience nature in a way that previously could not. Contact Information: Daniel E. Johnson, PE | Atlanta Regional Commission 229 Peachtree Street NE, Suite 100, International Tower Atlanta, GA 30303 P: 470.378.1552 | E: djohnson@atlantaregional.org Upper Flint River Green Infrastructure Atlanta, GA Working with the Atlanta Regional Commission, Pond completed the conceptual design for several pilot projects for the Finding the Flint Initiative. These projects are meant to bring attention and awareness to the fact that one of Georgia’s greatest rivers begins essentially under the runways of the busiest airport in the world. Current design concepts include Restoration Park, a new public greenspace to be located at the headquarters of Delta Airlines that includes stream restoration, floodplain restoration, extensive landscaping and trails, observation areas, and public art. A second concept is located in the City of College Park and consists of new public greenspace that is focused toward environmental education. This greenspace includes wetland restoration, stream restoration, an outdoor classroom, trails, and boardwalks. Lindsay Street Park, with stormwater educational signage in foreground Conceptual stormwater focused park design in College Park EPA’s Rain Catcher Award for Excellence in the Implementation of Stormwater Practices Pond Qualifications | RFP #21-PW05 | Former Milton Country Club Stormwater Management 9 Contact Information: Amy Higgins, AIA, President | Inman Park Neighborhood Association 245 North Highland Ave, NE Suite 230-401 Atlanta, GA 30307 P: 404.993.7577 | E: president@inmanpark.org Springvale Park Master Planning Atlanta, GA This master planning project included analysis of the park’s stormwater. Pond found that the park is a catch basin for a 23- acre watershed within the community, and runoff problems are exacerbated by the lack of sufficient and adequately maintained stormwater systems. Master Plan recommendations included the transformation of the degraded asphalt park lane into a pervious pavement and increasing the free-board capacity of the existing pond and introducing vegetated shelves to the pond edges in order to add stormwater detention and water quality features to the already existing facility. Contact Information: Bill Aiken, AICP | City of Duluth 3167 Main Street Duluth, Georgia 30096 P: 770.476.1790 | E: baiken@duluthga.net City of Duluth Master Plan for Downtown Stormwater Detention Duluth, GA Pond assisted the City of Duluth in determining the future stormwater management and water quality needs of the City’s downtown area southwest of West Lawrenceville Street. This project included a hydrologic analysis of existing conditions and master planning of stormwater detention. Engineering services included a hydrologic analysis of 52 acres; identifying stormwater management goals for the City; developing stormwater management models of the historical, existing, and future conditions; assessment of the existing downstream conveyance systems; developing a stormwater management construction plans that included consideration for stormwater peak flow reduction, water quality treatment, and stream channel protection. Sprinvale Park Basin Delineation City of Duluth Roles on Projects Staff Member Lindsey Street Park Upper Flint River Springvale Park Duluth Downtown Kevin Hendrix Lead Civil Engineer Project Manager Quality Control Civil Engineer Fred Halterman Flood Modeling Flood Modeling Tanya Norman Civil Engineer Civil Engineer Flynt Barksdale Environmental Permits Environmental Permits Environmental Permits Matt Wilder Project Manager Landscape Architect Landscape Architect Landscape Architect Pond Qualifications | RFP #21-PW05 | Former Milton Country Club Stormwater Management Addenda RFP 21-PW05, Addendum #1 1 | Page ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 21-PW05 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #1 ADDENDA | 7 10 Pond & Company Kevin Hendrix, PE, LEED AP 3500 Parkway Lane, Suite 500 Peachtree Corners GA 30092 678.336.7740 768.336.7744 HendrixK@pondco.com 2.23.2021 3500 Parkway Lane, Suite 500 Peachtree Corners, GA 30092 678.336.7740 | Pondco.com © 2020 Pond & Company Holder Identifier : 7777777707070700077763616065553330773606546315556707443126663407310072640477147231020772405113067011207162455732674512071622335760327740714023757227671207504077530276772077727252025773110777777707000707007 6666666606060600062606466204446200622020406224002206000224262260200062220260422600220602202626204200006220224062240002060022242422622000622220624206000006202026240000600066646062240664440666666606000606006Certificate No : 570086951006 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/08/2021 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services Northeast, Inc. New York NY Office One Liberty Plaza 165 Broadway, Suite 3201 New York NY 10006 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 37885XL Specialty Insurance CoINSURER A: 24319Allied World Surplus Lines Insurance CoINSURER B: 22322Greenwich Insurance CompanyINSURER C: INSURER D: INSURER E: INSURER F: FAX (A/C. No.):(800) 363-0105 CONTACT NAME: Pond & Company, Inc. 3500 Parkway Lane Suite 500 Peachtree Corners GA 30092 USA COVERAGES CERTIFICATE NUMBER:570086951006 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $1,000,000 $10,000 $2,000,000 $4,000,000 $4,000,000 C 05/01/2020 05/01/2021YYCGD7409984 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $2,000,000C05/01/2020 05/01/2021Y $5,000 COMBINED SINGLE LIMIT (Ea accident) CAH7409985 Medical Payments Lia EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $10,000,000 $10,000,000 $10,000 05/01/2020UMBRELLA LIABA 05/01/2021US00099930LI20A RETENTIONX X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH- PER STATUTEA05/01/2020 05/01/2021 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / A Y N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 CWG7409983 Each Claim0312325205/01/2020 05/01/2021 Prof Liab - Claims Made $10,000,000Aggregate Archit&Eng ProfB SIR applies per policy terms & conditions $10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: RFP 21-PW05, Former Milton Country Club Stormwater Management. Certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability policy. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability, Automobile Liability, Professional Liability and Workers' Compensation policies. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Milton 2006 Heritage Walk Milton GA 30004 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Pond & CompanyMatthew Wilder, PLA, ASLA Associate Vice President | Principal | PLACE Program Manager2.23.2021 EXHIBIT “C” See Exhibits “A” and “B” F,XHIBIT "D" STATE OF Georgia COUNTY OF Peachtree Corners 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. § 13-10-9l(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 1527445 Federal Work Authorization User Identification Number 04/03/2020 Date of Authorization Pond & Company Name of Contractor Former Milton Country Club Stormwater Management Name of Project City of Milton, Geor¢ia Name of Public Employer I hereby declare under penalTy of perjury that the foregoing is true and correct. Executed on d 1Io 2021 in �e*Ch4Coy#JeovS (city), Gid (state). S1, n re Authorized Officer or Uent Yesenia Chavez HR Manager Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME O THIS THE �_�Q,_ _DAY OF ' 2l l�. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: �f �,-,�� a®iA ql- 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 _Pond & Company___ on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor Former Milton Country Club Stormwater Management 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: _________________________________ N/A 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: April 20, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Services Agreement between the City of Milton and Property Masters Commercial Landscaping, LLC to Provide Tree Installation at the Milton City Hall and Fire Station 43. MEETING DATE: Monday, April 26, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X April 26, 2021 X To: Honorable Mayor and City Council Members From: Robert Buscemi, R.A. – Community Development Director Date: Submitted on April 19, 2021 for the April 26, 2021 Regular City Council Meeting Agenda Item: Approval of a Services Agreement between the City of Milton and Property Masters Commercial Landscaping, LLC to Provide Tree Installation at the Milton City Hall and Fire Station 43. Department Recommendation: Approval Executive Summary: This agreement will provide for specified types and number of trees and hardgoods and the installation of such at the Milton City Hall and Fire Station 43. All newly installed material shall be covered by a one-time, twelve-month replacement warranty. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 300-7410-541200001 Requisition Total: $ 11,195.00 Vendor: Property Masters Commercial Landscaping, LLC Other quotes or bids submitted (vendor/$) Vendor/Firm Quote/Bid (*Original quotes do not contain Western Red Cedar) Property Masters Commercial Landscaping, LLC $10,445.00 * Hutcheson Horticultural Co. $10,620.00 * Outdoor Expressions $12,195.00 * Financial Review: Bernadette Harvill, April 20, 2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – April 13, 2021 Concurrent Review: Steve Krokoff Attachment(s): Services Agreement I , , . A.* M I LT( 6UH6HI X06 SERVICES AGREEMENT — SHORT FORM Tree Installation at Milton City Hall and Milton Fire Station 43 This Services Agreement ("Agreement') is made and entered into this day of 20_ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia acting by and through its governing authority, the Mayor and City Council, located at 2006 Heritage Walk, Milton, Georgia 30004 (hereinafter referred to as the "City"), and Property Masters Commercial Landscaping, LLC, a Georgia limited liability company, having its principal place of business at 1460 Woodstock Road, Roswell, Georgia 30075 (herein after referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain a Contractor to provide services in the completion 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 this Agreement: and NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — Scope of Work Exhibit "B" — Insurance Certificate Exhibit "C" — Contractor Affidavit Exhibit "D" — Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. A general description of the Project is as follows: provide specified types and numbers of trees and hardgoods and the installation of such at the Milton City Hall and Milton Fire Station 43 (the "Project'). All newly installed material shall be covered by a one-time, twelve-month replacement warranty. which does not cover vandalism or acts of God and is contingent upon proper maintenance being provided by the City. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit "A", attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit "A". the Work includes all material, labor, insurance, tools, equipment, machinery, water. heat, utilities, transportation, facilities, services and anv other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work. but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term; Termination. Contractor 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. Contractor shall commence Work pursuant to this Agreement on or before the start date to be specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work within thirty (30) calendar days of the start date specified in the "Notice to Proceed". City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. As such, the parties acknowledge that this is not intended to be a "multi-year" contract under O.C.G.A. § 36-60-13(a). Provided that no damages are due to City for Contractor's breach of this Agreement, 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 Maximum Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Comoensation 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 $11,195.00 (the "Maximum 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 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 Contractors profession and industry, Contractor will give written notice immediately to City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed and reimbursement for costs incurred shall be paid to Contractor upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents required by the Agreement or requested by City to process the invoice. A single invoice shall be submitted at the conclusion of the Work. Section 6. Covenants of Contractor. A. Licenses. Certification and Permits. Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Contractor by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Contractor, City's Reliance on the Work. Contractor acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Contractor and that, therefore, City bears no responsibility for Contractor's Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor acknowledges and agrees that the acceptance or approval of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve 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 City. Contractor must have timely information and input from City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by City, but Contractor shall provide immediate written notice to City if Contractor knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Contractor's Representative, Meetings. Ryan Evans [INSERT NAME] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the Tern of this Agreement at no additional cost to the City. E. Assignment of Agreement. Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of', this Agreement, without the prior express written consent of the City. 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 City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively 1ndemnified 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 Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts or omissions Contractor 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 Contractor or other persons employed or utilized by the Contractor in the performance of this Agreement. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. 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 Contractors, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of City with regard to the results of such services only. Inasmuch as City and 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. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of 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. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. H. 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 "B", attached hereto and incorporated herein by reference. 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. L 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) Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor'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) Contractor 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. Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, 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 "D", which subcontractor affidavit shall become part of the Contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. 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 Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.j 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, 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. J. 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 Work. Contractor 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. Contractor 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 -Contractor under a contract to the prime Contractor or higher tier sub -Contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. K. Confidentiality. Contractor 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, Contractors, and/or staff to likewise protect such confidential information. L. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of Contractor's 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. M. Ownershio 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 Contractor ("Materials') shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief, political affiliation, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. O. 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 negotiation process: (a) the Contractor shall avoid any appearance of impropriety and shall follow all ethics and conflict - 4 of -interest policies and procedures of the City; (b) the Contractor shall immediately discloser 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. Miscellaneous. A. Entire Agreement, Counterparts: Third Party Rights. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law, usiness 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 j urisdiction 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 all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). C. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. D. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E. Waiver, Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. F. Agreement Construction and Interpretation, Invalidity of Provisions; Severability. Contractor represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as 11a117' and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. IN WITNESS WHEREOF, City and Contractor have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: Property Musters Commercial Landscaping. Li.0 Signature: Print Namc: Dara Summers Tide: [CIRCLE ONE Islcmbc - anagcr (LL AlteslAVltness: Signature: Prim Name: Alice Barnelt Title: VP. Finance (Assislanll Corporate Secretary (required if corporation) CITI' OF \IlL FJy: Stcvcn IKio oR.l Attest: Signature: Print Name: Title: City Clerk Approved as to farm; v •x City Attorney 7 RATIFIED RY COUNCIL By: Joe Lockwood. Mayor [CITY SEAL] EXHIBIT "A" :Iz t l d property Wasters COMMERCIAL LANDSCAPING AdanG 11460 Woo&rock Asad, Re,w,H, GA 30075 Date: April 13, 2021 Attention: Sandra DeWitt City of Z Mton sandr.dcwitt@cityofmiltonga.us Reference: City of Milton Tree Replacement Address: City Hall & Fire Station 43 Dear Sandra Dern, Property Marcos Commercial Landscape is pleased to submit this proposal for the Landscape and Irdhation Development at the above mfcrenced project. Enclosed please find an itemized proposal based on the following bid documents. DRAWINGS: Per Notes from City Arborist, ,10/20/20 CIFICATIONS: None, Based on best horticultural practices ADDENDUM: 0 Bid Summary: City of Milton Tree Replacement Landscape: $ 10,445.00 Total• I S 10,445.00 Upon your review of this pricing, please do not hesitate to contact this office should you have any questions or require further clarification. Again, we appreciate the opportunity to provide pricing for this project and look forward to building a working relationship with your company. Sincerely, Jason Tweedell Property Masters Commercial Landscape Senior Commercial Estimator 678.332.8159 property Masters COMMERCIAL LANDSCAPING Pre"." w Nodde S. for Citv of Milton Tree Replacement City Hall & Fire Station 43 April 13. 2021 Landscape Total:[ S 10,44.5.00 llu, P.,r" xhill,mk Is, xthJ bar rbm'>r' days. -il reaper, s u a*m m chop. Pa.., shall G mlws,dm.d m xu.rJmce wsrh die grmem reins sn h..h herrn aW .,ll be .as, m fial. wnhm dnrty (1 q dayx fn.n du doc „(mann. If grmmr �. int rec.iweJ within thin (wry days, t7,enr ktn<.s to paw a I.5""Per moruh umce charµ..hu wa ucru. on the unpad bahrce. In the stmt rt heartrco- racesun I..r Vn.Pnn Mudd f.�rturc.cul lanluaPr rc� file+ui. u. m6nce Pamenr, flmr a8,.n rho such sun rmv he bn.piht in Initrm t:wnn, (lcnpa and (dem xhill wee w pav s,0 con coats, urc,me. fen ud m,erec, u the mummm call N.ued nn ill am,snu food m b S+. aW payable lb. pmprvJ Prcc f•,, rks Pmmc, hu been edeulaaJ bu.d.,. d,e corm, Pn- fill rhe .,mp.am marmJa ,,c I ren, lhruhs. aW ml od rhe o -p.. macnd, ah.B ,.J, be p,nndrd.ubact n. awaJa6lm. Ih motet fix the muenil. rho art he�er spmficd is crm+.krcd u, he , n uit, nul ,ukkn r— me Rau% coLdd x ur Pn,P m murcn t... W Is, scaPr hereby apnea m uxe m hese effb o m ,Juin fir P'."blc p. fr,. e,ad.de murnd suPPdrn, bur Jxw1d dre 1. an mcrcaae m da P. of these o-pec,fied n ,W, ths, are Punhssed cher eaeewon of du umttacr fix uee m rho Pn,le.r, du (timer a8reea m qv that cosy neresse to Propem' mmud [:,mmmil I anJxaPe..cnv clrm by PnrprmMunn (.onsneniil IanJacaPr f r pam.wt of a ec»t inemu., u pnnxkd abr.r, Jill myuire e,imm nnoce JdntrtJ m the lAnee stov,8 rhe mcnaxrl unr, the mamnd .0 ma¢riala m yuestiin, inti rhe s.urce �f „q,14e, o-uPP,rted by ervoio.s m bile o(uk. TOTAL PROJF.('T: S 10,445.00 This proposal is based on the follow: f1ma. Per Notes from f:ny Arbrri.t„ 10/20/20 Sp.nficmom: None, Rated on best horticultural practices If din Pn'S'"il "eco warh raw .rro,, 1, pku. xW aW rtmm .. c,pr li ,"her o,nuacr 6,nsr,essx a e ar he ...I, ee 04(n tv htuwu) r sp., due. mpu..1 b. e,aerad m the corwact ,4a,snenu a. m "I and.i' If I mm he 4 funhcr un Pkasc do m,r h '..0 m <dl ACCEPTANCE OF BID A.,hodmd 8, Dire: 10r Trees 1 c lu .r "ncmet Scarlet oak 3" cal f 820.00 f 820.00 1Quescus cocaines, Scarlet 011, 3" d f 820.00 f 820.00 1Quetcus, eoeeaa `;cadet 03), 3" cal f 820.00 f 820.00 1 (3rdwas kmtdtea Kentucky YeDuawood Veal f 1,025.00 f 1,025.00 1Qucrcuar Nam %ltuc Oak 3" cal f 820.00 f 820.00 1 Cerci. eanatknm vjwx Ste' Rtam Sun Redbud 3" cd f 821.00 $ 821.00 1 Ceti. canadena ' ' Sas' Romig Sun Reedbud 3" al f 820.00 f 820.00 1 Qhirrcus nuttilk Noted OA 3" al f 820.00 f 820.00 1 %falu..s 'Sub'SupwTvairor other 2" call f 450.00 f 450.00 Fire Station 43 f S - 7 Ulmue areifnka'Alkr' AIIec FIM3" e9 S 820.00 f 2,460.00 1 Aear fteemanii'.lutumn Blue'Aununn Rlaec %fapk _ - 3" cal S 77000 I S 770.00 Trees Subtotal: S 10,44S.00 Landscape Total:[ S 10,44.5.00 llu, P.,r" xhill,mk Is, xthJ bar rbm'>r' days. -il reaper, s u a*m m chop. Pa.., shall G mlws,dm.d m xu.rJmce wsrh die grmem reins sn h..h herrn aW .,ll be .as, m fial. wnhm dnrty (1 q dayx fn.n du doc „(mann. If grmmr �. int rec.iweJ within thin (wry days, t7,enr ktn<.s to paw a I.5""Per moruh umce charµ..hu wa ucru. on the unpad bahrce. In the stmt rt heartrco- racesun I..r Vn.Pnn Mudd f.�rturc.cul lanluaPr rc� file+ui. u. m6nce Pamenr, flmr a8,.n rho such sun rmv he bn.piht in Initrm t:wnn, (lcnpa and (dem xhill wee w pav s,0 con coats, urc,me. fen ud m,erec, u the mummm call N.ued nn ill am,snu food m b S+. aW payable lb. pmprvJ Prcc f•,, rks Pmmc, hu been edeulaaJ bu.d.,. d,e corm, Pn- fill rhe .,mp.am marmJa ,,c I ren, lhruhs. aW ml od rhe o -p.. macnd, ah.B ,.J, be p,nndrd.ubact n. awaJa6lm. Ih motet fix the muenil. rho art he�er spmficd is crm+.krcd u, he , n uit, nul ,ukkn r— me Rau% coLdd x ur Pn,P m murcn t... W Is, scaPr hereby apnea m uxe m hese effb o m ,Juin fir P'."blc p. fr,. e,ad.de murnd suPPdrn, bur Jxw1d dre 1. an mcrcaae m da P. of these o-pec,fied n ,W, ths, are Punhssed cher eaeewon of du umttacr fix uee m rho Pn,le.r, du (timer a8reea m qv that cosy neresse to Propem' mmud [:,mmmil I anJxaPe..cnv clrm by PnrprmMunn (.onsneniil IanJacaPr f r pam.wt of a ec»t inemu., u pnnxkd abr.r, Jill myuire e,imm nnoce JdntrtJ m the lAnee stov,8 rhe mcnaxrl unr, the mamnd .0 ma¢riala m yuestiin, inti rhe s.urce �f „q,14e, o-uPP,rted by ervoio.s m bile o(uk. TOTAL PROJF.('T: S 10,445.00 This proposal is based on the follow: f1ma. Per Notes from f:ny Arbrri.t„ 10/20/20 Sp.nficmom: None, Rated on best horticultural practices If din Pn'S'"il "eco warh raw .rro,, 1, pku. xW aW rtmm .. c,pr li ,"her o,nuacr 6,nsr,essx a e ar he ...I, ee 04(n tv htuwu) r sp., due. mpu..1 b. e,aerad m the corwact ,4a,snenu a. m "I and.i' If I mm he 4 funhcr un Pkasc do m,r h '..0 m <dl ACCEPTANCE OF BID A.,hodmd 8, Dire: 10r Upon your review of this pricing, please do not hesitate to contact this office should you have any questions or require further darification. Again, we appreciate the opportunity, to provide pricing for this project and look forward to building a working relationship with your company. Sincerely, Jason Twedell Senior Commercial Estimator 678.3328159 (Property Masters Commercial Landscaping, LLC. Change Order - COl_Replacement Tree Date: 4/16/2021 From: sash xhml:trom Project: Cly a Mikon Pre-Cnnrtruction Mana r 2006 Hentaee Walk Mihon GA 30001 1060 Wo stock Road, Roswell, GA 30075 TO: CM of Milton PmWny Mazten, LLC. Scott Mulyey 1)0e0; T20.540,N1 0 618-242-2491 5anh.Schulrtrom@PropertyMasters,com Scott.MuWey@dtyofmlltor�p.us D"Uipb" Quantity UOM Size Ca Unit Price E#. Total Tnm AOOON: Thuja pikam'Gmen Giant/'Green GwM Wattern Red Gdarlw/mnodd 1 EA aaiaNnD 8-10'NT $ ]50.00 $ 750 .�0 The following general conditions further clarify this proposal-, This proposal shall only be valid1ax thirty (60) days. Thereafter, it is subject to change without notice. The proposal price for this project has been Calculated based on the current prices for the component materials (Le. Trees, Shrubs, and Gromdcovecs) and the component materials shall only be provided subject to availability. The market for the materials thatare hereafter specified is considered to be volatile, and sudden price increases could occur. Property Masters Commercial Landscaping, LLC hereby agrees to use its bat efforts to obtain the lowest possible prices from available material suppliers, eafeeadest OF' -I- -ANIM �g fe. ..A. ig. tWe pffejeee, the Gwfteg agrees to Vey dtak cost increase to PxapeEV A&stefs GeatseeieW Landscaping. Any elaim-by All newly installed material on be covered by a one-time, twelve month replacement warranty, if a watering contract is agreed upon. Warranty excludes vandalism or acts of God and is contingent upon proper maintenance being provided by the owner. Property Masters Commercial Landsmping provides maintenance, ask about our maintenance program for your project Payment shall be requisitioned in accordance with the payment terms set forth herein cad will be due, in full, within thirty (30) days from the date of invoice If payment is not received within thirty (30) days, Client agrees to pay a 1.5% per month service charge thatwill acme on the unpaid balance. In the event it becomes necessary. for Property Masters Commercial Landscaping, LLC. to file suit to enforce payment, Ghent found to be due and pryable. Changes in any dimensions necessary due to site conditions, customer request and or Engineering Requirement may increase or decrease the overall price depending upon the change. The customer hereby agrees to such additional charges, *'Quantities listed above are estimates. Invoices wffi reflect actual usage, higher or lower. Customer listed above or property owner is responsible for acquiring and paying for the services of a qualified Geotechnical Engineer on site to confirm soil qualities and compaction during construction unless otherwise stated in this proposal. Property Masters Commercial Landscaping responsibility is to build to the site plans and engineering spedfications provided by a qualifiedengineer. Property Masters Commercial Iandscapingvrill use common and known practices to achieve required compaction. The customer may choose not to have a Geotechnical engineer on site; however Property Masters CommercialLandsraping will -not be responsible for any failure due to inadequate soil and or compaction conditions if no Geotechnical engncer was assigned to the site. Property Masters Commercial Iandscape is not responsible for buried, unmarked obstacles or unforeseeable conditions. Prior to the commencement of work the customer or the customer's authorized representative is responsible for reviewing, in derail, any engineered plans prepared by an engineer and submitted by Pmperty Masters Commercial Iandscaping to ascertain any potential conflicts, errors, or omissions regarding the relationship between the work listed above and the overall plan of the development Customer or customer's authorized representative must make Property Masters Commercial landscape aware of any conflicts, errors or omissions in writing prior to the commencement of work This proposal's inclusive of materials, labor and equipment necessary to perform the work according t the enclosed scope outlined in our proposal and the above referenced bid documents Upon your review of this pricing, please do.not hesitate to contact this office should you have any questions or require further clarif cation. Again, we appreciate the opportunity to provide pricing for this project and look forward to building a working relationship with your company. The following conditions further clarify the Landscape Scope of Work Grading for landscape areas in excess of +/- I/IOtb of a foot of FINISH GRADE is excluded from our pricing for all areas. Subgrade is to be provided by others can be priced at the Owners requestt +/- 1/10th Additional grading Machine access to all areas of the site is requited. Hoisting is to be provided by others Traffic or Pedestrian control, construction / security fencing is not included This excludes construction debris removal and removal of rods greater than one (1) foot square. If large rock (s) is encountered during installation a proposal for removal/demolition will need to be approved beforework coatiwes. Removal of underground rock or impervious material in the landscape areas will be disposed of on site. This proposal excludes the relocation of existing un1'tia. All areas will be marked by underground locating service All private utilities not covered by the Utilities Protection Agency are the sole responsibility of the Owner to have clearly marked. We haveassumed the landscape installation will occur during the dormancy of all plant material specified. The harvesting of B&B material can g,n",Ay be performed between November and early March. If installation exceeds this period, temporary bolding fees and of summer digging fees may be required. Plantmaterial pricing is based on the caliper or wnW=size specified. Some plants may not meet the height /spread requirements shown on the plant legend if they exceed. American Standards for Nursery Stock. Our proposal does not include importing any topsoil. This proposal includes, Staking trees to afford muadmum security in growth, pruning, as needed, and initial watering of all plant material and sod at the time of installation. EmuniT aBu AC RO' PROPMAS-M CERTIFICATE OF LIABILITY INSURANCE CCAMPANELLA DATEt MIDDIYYYYI 4/1312021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the polley(les) must have ADDITIONAL INSURED provisions or be endowed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement.on this certificate does not confer ri his tD the certificate holder In lieu of such endorsement(s), PROWCER MNR Tanner Ballow, and Maloof, Inc. 5871 Glenridge Or Suite 400 PHONE Pax uc No Etr : 404 262 8660 xo :(404 262 8834 X Atlanta, GA 30328 INSURERISI AFFORDING C VRA muRERAyGranhic Arts Mutual Insurance Company 25984 913012021 INSURED ImsugEgaiTachnology Insurance Company 42378 Su ERC: Property Masters Commercial Landscaping, LLC msuRERo: 1460 Woodstock Road Roswell, GA 30075 IN SURERE: DISURERF: S COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: NOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPETHIS THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TbT"HE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TM S, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INER TYPE OF INSURANCE ADOL SUER PtX.ICYNUMBER POUCYEFF POLIOYEIIP MNR A X COMMERCIALGENERALLIABILITY ❑X OCCuFt X Deductible: $0 X X PP 2819281 913012020 913012021 EACH CCU RENCE 00,000CLAIMS-MADE DAMAGETORENreO,mj00,000 MED EXP 10,000 B ADV INJURY 1,000,000 GENLAGGRDMIT AP ES PE R: X POLICY �X 13E� LJ LOC OTHER: GENERAL AGGREGATE2,000,000 PRODUCTS-COMPIOPAGG S 2,000,00 S A AUTeMOBaa X X Lunamw ANYAUTO AUTOS WNEDONLYPX X& MOM AUTOS ONLYX&M ONLY C—pDo0:41pODCog Dee: $1.000 X X CA 2819263 913012020 9/3012021 COMBINEDSINGLELMIr S 1,000,000 Boc1Ly1NiuRy(p.,,.I S BODILY Per drnl pINJURY AGP5% MAGE B A X UMaRELLAUAB EXCESS OAS X OCCUR rxAILTSMADE X X CUP 2819284 9/3012020 913012021 EACN OCCURRENCE G 5,000,006 AGGREGATE S 6,000,000 DED I X I RETENTIONS 0 S B WORKERS COMPENSATION AND EMPLOYERS' LUIBGITYTUTE ANY PROPRIETORPARTNERIEXECUTIVE Y NX QyEBFI9aCE�EA TIU(GWDEDi N �OESComgNe OFOPERATONS W. NIA TWO3918120 913012020 913012021 X PER O I - EL EACH ACCIO 1,000,0,00 EL DISEASE, S 1,000,000 ELOLSSASE-POLICYUMrr 1'000'000 OESCRUMONOFOPERATONSILOCAMONSIVEHICLES 11ACORDIM AddlUorWF, urks8chedulNmyBeaMe .dnmweepaml3 mqW d) Project: Milton City Hall .2006 Heritage Welk, rdllton, GA 30004 City of Milton is Included as additional Insured In regards to general liability, business auto liability, and umbrella liability, as required by written contract and policy provisions. Bee Form(s): CO 20 38 0413, IN133 (06-2015), CKK104 (10-2016), WC 00 0313 CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016163) m 1988.2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Milton THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN 2006 Heritage Walk ACCORDANCE WITH THE POLICY PROVISIONS. Alpharetta, GA 300 D4 AUT�HO`R.,r� FtFPRESENTAMVEE ACORD 25 (2016163) m 1988.2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PROPMAR.01 CCAMPANELLA ACORO' CERTIFICATE OF LIABILITY INSURANCE DA41131DDAYYY) 4/13/20211 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this cert810ate does not confer rights to the certificate holder In lieu of such ondorsement a . PRODUCER CT ER: 404 252.8860 Ara No :(404) 252.8834 Tanner Ballow and Maloof, InajyNOiio 6871 G(enrldge Dr I Suite 400 INSURE AFFORDING COVERAGE MAIGO Atlanta, GA 30328 INSURERA•Gre hic Arts Mutual Insurance Company 25984 DAMAGETORENTED s 300,00PIMMISESfEac�encel0 INSURED INSURER B:Technoloqy Insurance Company 42376 INSURER C: Property Masters Commercial Landscaping, LLC INsuaeao: 1460 Woodstock Road Roswell, GA 30075 INsuReR E INsusEa F: AUTOMDaut X X COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENTWrM RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBdECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUGES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LM TYPE OF INSURANCE DD LSUBR 2006 Heritage Welk POUCYNUMSER POLICY EFF MMIDOIFOUCYEXP LAM A X COMMERCIAL G ENERAL LIAMLITY CLAIMS4VAOE [Xj OCCUR X Oeductlble:$0 X X OPP 2819281 9130/2020 913012021 EACH nCURRENCE q 1,000.00 DAMAGETORENTED s 300,00PIMMISESfEac�encel0 MED EXP one ".1 s 10,000 PERSONALa AOV INJURY1,000,000 GE As GR O LIMIT APPLIES PER: X PO'ICY�jf� EILOC 0or,ER: G G E 21000,000 PRODUCTS-COMPIOPAGG 2,000,000 A AUTOMDaut X X A8a1TY nnYAvro OWNED SCHEDULED AVE p,U00, NM.YY AUTOSWWryNEE`Lppyy CmpRTO�C:81,OW X 0fJ�.•b % X X CA 2819283 913012020 9)3012021 COMBI IED SINGLE DMR 5 110g0,000 SCD YI Uu Per ersen erecdee�d S SCOILEYi iI�NN OaaW AMAGE $ S A X UMBRELLA LUH7 EXCESS UA6 X OCCUR CLAIMS!/ADE X X CUP 2819284 9130/2020 913012021 EACHOCCURRENCE S 6,OOD,DOO AGGREGATE 51000,000 DED I X I RETENTIONS 0 5 B WORMERS COMPENSATION ANDEMPLOYEaS'UAHIUTY ANY PROP EIMETgO�R�IPARTNERIEMOUINE VIN ICE ryEMBER IXCLUOEOT LEI IA NNI uyy22qq eeaalba uneer OESCRIPnON OFOPE OMSbeknv MIA X 03918120 913012020 9/3012021 X PERTUTE OTH- TA L CH CCIDE S 1,000,000 E.L OISEABE-EA EMPLOY S 1,000,DOO E.LDISEASE- LICYLIMR S 1,000,001) DESCRUMONOFOPERAnONS/LOCATIONS/VEHICLES (ACORD 101, AddlUonl Hawke Schedule, may be attached 0 mom space B,equhed) Project Muton Fire Station N43-750 Hickory Flat Rd, Milton, GA 30004 City of Milton is included as additional Insured in regards to general liability, business auto liability, and umbrella liability, as required by written contrectand policy provisions. Sea Fcrm(s): CG 20 38 0413, INl33 (01)-2015), CKK104 (11)-2016), WC 00 0313 CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016103) ©1988.2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVEREDI IN ACCORDANCE WITH THE POLICY PROVISIONS. 2006 Heritage Welk Alpharotta, GA 30004 AUTHO�R�o�REP�RES�ENTATIVEE ACORD 25 (2016103) ©1988.2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PXIIfDIT °C^ STATE OF. GA COUNTYOF FUllon CONTRACTOR AFFIDAVIT AND ACRF.EAIF.NT By executing this alRdavit, 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 orMillon, Georgia has registered wmtlt, is authodzcd to use and uses the federal urork nuthorization program commonly (noun as E-Verify*or any subsequent replacement Program, in accordance with the applicable provisions and deadlines esmbiished in O.C.GA. § 13.10.91. Furthermore. the undersigned contractor will continue to use the fcdeial work authorization program throughout the contract period and the undersigned contractor will contract for the ph}sical performance of services in smisfletion of such contract only with subcontractors who present an a0idasii to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests [hot its federal wrork authorization user identification number and date of authorization arc as follows: 269039 Federal %York Authorization User Identification Number 10/29/09 Date of Authorization Property Masters Commercial Londscanirin LS Name of Conimcior Tree installation — Milton Chv hall anti Milton Fire Station 43 Name of Project Cily of Milion. Georgia Name of Public Employer 1 hereby declare under penalty of perjury that the foregoing is true and come. Executed on April 14 .3021 in _�islsweli (cip). GA lstale), Signature oTAbdforized OOiccr or Agent Data Summers, Chief Operating 011icer Printed Numc and Tide arAWborized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON TI IIS TIIE 141h DAY OF April ,'021. NOTAR PUBL 11y [NOTARY SEALS Vol, STATE OF GA F.XIIIBIT"D" COUNTYd-Fton SURCONTRACTOR 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 eneaced in the physical performance of services under a contract with Property \lusters Commercial Landicaping. LLC on behalf of the City or Millin. Georgia has registered with, is authorized to uic and uses the federal work authorization program commonly known as E -Verify, or any subsequent repkaccmeni program. in accordance with the applicable provisions and deadlines establislied in 0.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 wvhin 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-subcommetor, the undersigned subcontractor must forward- within five t5) 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 Its follows. 269039 Federal Work Authorization User Identification Number 10/29/09 Date orAuthorization property Masters Commercial landscaping, LLC. Name of Subcontractor Tree Installation— Milton City I[all and %Blinn Fire Station 43 Name of Project Cite of Milton, Georgia Name of Public Employer 1 hereby declare under penalty of perjury that the foregoing is true and correct. Executed on April 14 ,2021 in Roswpl teen)._GA (state). Signature 61AblhorizedOfficerorAgent Data Summers, Chief Operating ORicer Printed Name and Title of AuthorizedOflicer or Agcm SUBSCRIBED AND SWORN BEFORE ME ON TI IIS TIIE 14th DAY OF Ap10 1 NOTARY P LI [NOTARY SEAL] My Commission CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 20, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement with Davis Engineering & Surveying LLC for Survey of Mayfield Road for Sidewalk Extension. MEETING DATE: Monday, April 26, 2021 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: __________ April 26, 2021 X X X X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on April 20, 2021 for the April 26, 2021 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement with Davis Engineering & Surveying LLC for Survey of Mayfield Road for Sidewalk Extension. _____________________________________________________________________________________ Project Description: The City of Milton is preparing to begin design work for a sidewalk extension along the north side of Mayfield Road from Lakeside Park to Freemanville Road. The field run topographic survey of this area will be provided through this agreement and will support future design and construction of the sidewalk extension. Procurement Summary: Purchasing method used: Professional Services Account Number: 335-4101-541400007 Requisition Total: $5,200.00 Vendor DBA: Davis Engineering & Surveying LLC Financial Review: Bernadette Harvill, April 20, 2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – April 8, 2021 Attachment(s): Professional Services Agreement F LIF il MILTON*6 MIMED PROFESSIONAL SERVICES AGREEMENT Survey for the Mayfield Road Sidewalk Extension This Professional Services Agreement ("Agreement") is made and entered into this day of 2021 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, located at 2006 Heritage Walk, Milton, Georgia 30004 (hereinafter referred to as the "City"), and Davis Engineering & Surveying, LLC, a Georgia limited liability company, having its principal place of business in Georgia at 133 Prominence Court, Suite 210, Dawsonville, Georgia 30534 (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain a consultant to provide services in the completion of a project; and WHEREAS, Consultant has represented that it is qualified by training and experience to perforin the Work (defined below) and desires to perform the Work under the terms and conditions provided in this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — Scope of Work, Cost Estimate and Rates (references to Consultant's standard terms and conditions intentionally omitted) Exhibit "B" — Insurance Certificate Exhibit "C" — Contractor Affidavit Exhibit "D" — Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. A general description of the Work is as follows: surveying work for the Mayfield Road Sidewalk Extension. This work includes capturing utilities, stormwater structures, right of way, and topo. Deliverables for this survey will be formatted in DWG and DGN tying them to the State Plane coordinates, as well as surface files in either DTM or XML The scope is outlined in Exhibit "A". Unless otherwise stated in Exhibit "A", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term, Termination. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Work and shall be completed within sixty days (60) from the Notice to Proceed. If Consultant anticipates it cannot perform the work by the completion date specified in the applicable work order, it shall promptly notify Matthew Fallstrom, Capital Projects Manager via phone or email. The term of this Agreement ("Term") shall commence as of the Effective Date, and the Agreement shall terminate upon completion of and payment for all Work (provided that certain obligations will survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant's breach of this Agreement, City shall pay Consultant for Work performed to date in accordance with Section 5 herein. If the City's payment obligations continue beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year 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 calendar year. Title to any supplies, materials, equipment, or other personal property (to the extent any transfers under this Agreement) shall remain in Consultant until fully paid for by City. Section 4. Work Changes. Any changes to the Work requiring an increase in the Maximum Contract Price (defined below) or a material change in the scope of the Work 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 $5,200.00 (the "Maximum Contract Price"), except as outlined in Section 4 above. Compensation shall be on a lump sum basis, as specified in Exhibit "A". Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's profession and industry, Consultant will give written notice immediately to City. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of an invoice, setting forth in detail the services performed and costs incurred, along with all supporting documents required by the Agreement or requested by City to process the invoice. Invoice shall be submitted on completion of the Work. Section 6. Covenants of Consultant. A. Licenses. Certification and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Consultant, City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant acknowledges and agrees that the acceptance or approval of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards. C. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Consultant's Representative: Meetings. Ray Siuta [INSERT NAME] shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. E. Assignment of 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 the City. F. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall indemnify 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"), to the extent caused by or resulting from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in performance under this Agreement. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring and payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. A. Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit °tB", attached hereto and incorporated herein by reference. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Consultant shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Consultant's Work and that the City and its officials, employees or agents are named as additional insureds. I. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (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 I'D", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. X Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. J. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contractor subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. IL Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. L. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed 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. Section 7. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License; 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 Consultant submits to the jurisdiction and venue of such court. During the Term of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Work, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seg.). C. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. D. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. F. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] Attest/Witness: Signature: W" 74a Print Name: OpLiu e, Mavt rr Title: ChiiL (Assistant) CorporfiTe Secretary CITY OF M7GIA RGIA By: Steven Krooff, City Manager Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney CONSULTANT via Engineering & Surveying, LLC. Signature: Print Name: y I'A9K.It7 5/ Title: Member anager Limited Liability Company) [CORPORATE SEAL] RATIFIED BY COUNCIL By: Joe Lockwood, Mayor [CITY SEAL] EXHIBIT "A" W...Os Davis Engineering & Surveying Proposal for Services March 16, 2021 Project Description: See attached KMZ Dear Matt Falstrom, City of Milton: THIS AGREEMENT made and entered into, by and between Davis Engineering & Surveying, LLC, hereinafter called "DES," and you, "client," is for the services described under the "Scope of Services" section of this Agreement. This proposal briefly discusses our understanding of the scope of work and our fees for the services to be provided. DES reserves the right to adjust the fees quoted herein after 30 days, if necessary. SCOPE OF SERVICES: DES, (Consultant) shall provide the following professional services for the property referenced above. I. SURVEYING SERVICES Completion of a topographic survey for the property referenced above. Services include property information of affected parcels, strip topography of 50' from edge of pavement. Deliverable to client will be topo in 1' contours, as well as all site improvements in this area, observed utilities and markings from 811. II. ADDITIONAL SERVICES Services and compensation listed under Surveying Services are to be performed ONE TIME ONLY. Any additional work requested on the part of the Client or Contractor will be considered additional services and will be invoiced at current hourly rates unless specified (provided upon request). FEES AND TERMS OF PAYMENT Ourfee for the above scope item(s) is as folkw& and payment will be due Net 30 Days Lump Sum Fee (Item I): $5,200.00 Payment Terms: Payment will be due as stated on the invoice. An Administrative Fee of $30.00 will be charged to accounts 30 days past due, and past due accounts are subject to a monthly 1.5% finance charge (18% Annual Rate). FUNDAMENTAL ASSUMPTIONS This Agreement, and the fees contained herein, are subject to the following fundamental assumptions: 1. In the event of boundary conflicts and/or other unforeseen issues which require additional work to resolve, we may require additional surveying fees and/or extensions of the time of delivery. In such event, we will notify you prior to proceeding with additional work required to complete the survey. 2. This proposal does not include reviewing and addressing comments required by attorneys or title insurance companies. 3. Only those services specifically listed within this proposal are included. Any future additional services will require additional fees. All reimbursable items, including postage, shall be billed at cost plus 15%. Davis Engineering & Surveying, LLC 1 133 Prominence Court, Suite 210 1 Dawsonville, Georgia 130534 Phone: 706-265-1234 1 Fax: 678-248-9177 1 www.Dav!sEngineers.com Page 1 4. Adverse field conditions, beyond the control of DES and as determined by the Consultant; may require a change in the project schedule and/or fees. Prior to any modification to scope or fees, DES will immediately inform the Client by phone and in writing and the two parties shall amend this agreement before proceeding with the project. In the event that a modified agreement cannot be reached, work shall cease and the Client shall be responsible for fees associated on a percent completed basis. 5. DES requires that you are authorized to grant, or will obtain, permission for our personnel to enter the site. It is the recommendation of DES that you notify all affected parties, especially property adjoiners, of our presence as soon as possible to avoid delays in completing your scope of work. 6. It shall be the sole responsibility of the Client to provide access to all properties for surveying and design. DES is prepared to assist and expedite this process through the use of temporary easements if required. 7. Due to the nature of the scope of services agreed upon in this proposal, the Client inherently agrees that survey control points (nails, stakes, rebar and/or other markers) may be set at random locations that have no relationship to actual property boundaries. Random survey traverse lines will be trimmed out through native areas in a way that causes minimal impact to existing vegetation and allows visibility between these points. In orderto assist the Consultant, these control points will have wood stakes, survey flagging tape in various high visibility colors, paint and/or other materials placed in close proximity. Please note that these control points, trimmed lines and other related materials, markings, etc. are evidence of surveying activity and are not to be considered as any evidence or indication of boundary monumentation, boundary lines, ownership, or possession. Also note that property line marking, when made a part of the above scope listed in the agreement for services, is a separate activity that may produce evidence similar to survey control points, but is not to be confused with survey traverse lines. 8. No review, permitting, inspection, recording, water meter, sanitary sewer tap or other owner fees are included in this proposal. 9. The Giient ..Ya' MISCELLANEOUS If this Agreement meets with your approval insofar as describing the scope of those services you expect of us, and our expectations concerning compensation for the same, please execute Exhibit A on the following page. We appreciate this opportunity to be of service to you. Sincerely, RaySiuta (rsiuta@davisengineers.com) Davis Engineering & Surveying, LLC 1 133 Prominence Court, Suite 210 1 Dawsonville, Georgia 130534 Phone: 706-265-1234 1 Fax: 678-248-9177 1 www.DavisEngineers.com Page 2 EXHIBIT "B" ACOR Y CERTIFICATE OF LIABILITY INSURANCE DAE(MMDDMYY) 11.1 1 04/02/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endonsement(s). PRODUCER CONTACT NAME: Scotty Hall Turner, Wood 8 Smith Agency, Inc. PHDNE (770) 536-0161 70) 536-1283 K Ed : AlG No : ADDRESS: cendacestradley@twsinsurance.cam 1515 Community Way INSURER(S) AFFORDING COVERAGE NAICIf PO BOX 1056 Gainesville GA 30503 INSURERA: Valley Forge Ins. Company 20508 INSURED INSURER s. Hartford Accident B Indemnity Co. 22357 INSURER C: Wesco Ins. Company 25011 Davis Engineering 8 Surveying, LLC INSURER D: Continental Casualty Ins. Co. 20443 133 Prominence Court Suite 210 INSURER E Dawsonville GA 30534 INSURER F: COVERAGES CERTIFICATE NUMBER: CLI932815310 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD VNO POLICYNUMBER NYNdYWY MM LIMITS COMMERCIAL GENERAL LIABILITY CI -AIMS -MADE ® OCCUR EACH OCCURRENCE $ 1,000,000 PREMISES Ea OapurtaM! S 300,000 x For Offsite Coverage MED EXP (Any one neon) $ 10,000 x Outside DCIP PERSONAL a ADV INJURY $ 1.000,000 A Y Y 86012042696 03/22/2021 03/22/2022 GEN'L AGGREGATE LIMIT APPLIES PER. POLICY ❑X JECOT © LOC GENERALAGGREGATE $ 2.000,000 PRODUCTS - COMP/OPAGG $ 2'000'000 $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea acarian BODILY INJURY (Par parson) $ ANYAUTO g OWNED F7 SCHEDULED AUTOS ONLY AUTOS Y Y 20UECK12288 03/22/2021 03/22/2022 BODILY INJURY (Per arndem) $ v HIRED X AUTOS ONLY AUTOS ONLY Per socldent) OPERTY E $ Undennsured motorist s 1,000,000 UMBRELLA UAB 11 OCCUR """zwc` ""'a" """' 5,000,000 EACH OCCURRENCE E A EXCESS UAB CLAIMS -MADE Y Y 86012043850 03/22/2021 03/22/2022 AGGREGATE $ 5,000,000 DED RETENTION $ 10.000 $ WORRERS COMPENSATION PER OTH- C AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORMARTNER/EXECUTIVE OFFIOERrMEMBER EXCLUDED? (MarMatory In NH) If yes desaite under DESCRIPTION OF OPERATIONS EeIov NIA Y VWVC3330764 03/22/2021 03/22/2022 STATUTE ER EL. EACH ACCIDENT E 1,000,000 E. L. DISEASE - EA EMPLOYEE S 1,000,000 E. L. DISEASE - POLICY LIMIT $ 1,000,000 Professional and Incidental Pollution Limit of Liab. Per Claim $1,000,000 D Liability AHES91886195 03/22/2021 03/22/2022 Annual Aggregate $1,000.000 DESCRIPTION OF OPERATIONS l LOCATIONS I VEHICLES (ACORD 101, AddAienN Remarks ScMdule, may W atMeMd M mon space is required) Suney W the Mayfield Road Sidewalk Extension CERTIFICATE HOLDER CANCFLI ATION ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton ACCORDANCE WITH THE POLICY PROVISIONS. 2006 Heritage Walk AUTHORVED REPRESENTATIVE Milton GA 30004 ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD STATE OF Georgia COUNTY OF Dawson EXHIBIT "C" 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 3/22/2010 Date of Authorization Davis Engineering & Surveying, LLC Name of Contractor Survey — Mayfield Sidewalk Extension Name of Project I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on April 14 202L in Dawsonville (city), GA (state). PdisCQ. Jul aw� Signature of Authorized Officer or Agent Rebecca Martin, Office Manager Printed Name and Title of Authorized Officer or Agent City of Milton. Georgia SUBSCR[BEV O,)�N BEFORE ME Name of Public Employer ON THIS �pF My Commission Expires: 12/3/2024 STATE OF _ COUNTY OF EXHIBIT "D" 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 Davis Engineering & Surveying, LLC 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 ofreceipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Survey — Mayfield Sidewalk Extension 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: CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 20, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of RZ21-04/VC21-02 - 13555 Blakmaral Lane by Jim Rosenberger to rezone from CUP (Community Unit Plan) to AG-1 on 10.80 acres at a density of .092 unit per acre to construct a new single-family residence and to allow the existing accessory structure to be in the front yard. (Sec. 64- 416(i)). MEETING DATE: Monday, April 26, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X April 26, 2021 X Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 10, 2021 (First Presentation April 26, 2021) 4/21/2021 Page 1 of 16 R/P RZ97-138 RZ21-04/VC21-02 PROPERTY INFORMATION ADDRESS 13555 Blakmaral Lane – Boxtree Estates DISTRICT, LAND LOT 2/2 878, 923 OVERLAY DISTRICT Rural Milton EXISTING ZONING CUP (Community Unit Plan) RZ97-138 PROPOSED ZONING AG-1 (Agricultural) ACRES 10.8 EXISTING USE Barn – 3,088 sq. ft. PROPOSED USE One Single Family Residence – 4,737 sq. ft. OWNER/PETITIONER Jim Rosenberger ADDRESS 13560 Blakmaral Lane Milton, GA 30004 COMMUNITY DEVELOPMENT RECOMMENDATION – MARCH 24, 2021 RZ21-04 – APPROVAL CONDITIONAL VC21-02 – APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION – MARCH 24, 2021 RZ21-04 – APPROVAL CONDITIONAL – 6-0 VC21-02 – APPROVAL CONDITIONAL – 6-0 After a thorough deliberation regarding the request, the Planning Commission unanimously recommended approval with the attached recommended conditions. INTENT To rezone from CUP to AG-1 on 10.8 acres at a density of .092 unit per acre to construct a new single-family residence and to allow the existing accessory structure to be in the front yard. (Sec. 64-416(i)) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 10, 2021 (First Presentation April 26, 2021) 4/21/2021 Page 2 of 16 R/P RZ97-138 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 10, 2021 (First Presentation April 26, 2021) 4/21/2021 Page 3 of 16 R/P RZ97-138 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 10, 2021 (First Presentation April 26, 2021) 4/21/2021 Page 4 of 16 R/P RZ97-138 2035 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 10, 2021 (First Presentation April 26, 2021) 4/21/2021 Page 5 of 16 R/P RZ97-138 Site Plan Submitted on January 28, 2021 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 10, 2021 (First Presentation April 26, 2021) 4/21/2021 Page 6 of 16 R/P RZ97-138 Enlarged site plan of building area Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 10, 2021 (First Presentation April 26, 2021) 4/21/2021 Page 7 of 16 R/P RZ97-138 View from entrance of site (toward the left) Existing Barn on site Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 10, 2021 (First Presentation April 26, 2021) 4/21/2021 Page 8 of 16 R/P RZ97-138 View looking west from proposed house site Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 10, 2021 (First Presentation April 26, 2021) 4/21/2021 Page 9 of 16 R/P RZ97-138 Rendering of proposed residence behind existing barn SUBJECT SITE AND BACKGROUND: The subject site contains 10.8 acres. It is located within the Boxwood Estates subdivision that is currently zoned CUP (Community Unit Plan) which contains a total of 10 lots that vary in size from 2.1 acres to 11.77 acres. The street is private and not maintained by the City. The site is located within the “Agricultural, Equestrian, Estate Residential” designation of the 2035 City of Milton Comprehensive Plan. The applicant is requesting a rezoning from CUP (Community Unit Plan) to AG-1 (Agricultural) to build a single-family residence at an overall density of .092 units per acre as well as to farm the land with various types of crops including a vineyard. To produce wine and be licensed, the State of Georgia requires that the property be zoned AG-1 (Agricultural). This is the reason for the rezoning from CUP to AG-1. In addition, wineries are only permitted by right within the AG-1 (Agricultural) zoning district within the City of Milton. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 10, 2021 (First Presentation April 26, 2021) 4/21/2021 Page 10 of 16 R/P RZ97-138 SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on January 28, 2021, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-416 – AG-1 (Agricultural) Development Standards Proposed Development Meets Requirement Maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. 28 feet Yes Minimum front yard 60 feet Yes Minimum side yard 25 feet Yes Minimum rear yard 50 feet Yes Minimum lot area on a paved road 1 acre Yes Minimum lot width shall be 100 feet (at the building line) 100 feet Yes Minimum lot frontage adjoining a street 35 feet Yes Minimum heated floor area - None 4,737 sq.ft. Yes Minimum accessory structure requirements May be located in rear or side yards but shall not be located within a minimum yard No, See VC21-02 Discussed below Concurrent Variance Request VC21-02 – To allow the existing accessory structure to be in the front yard. (Sec.) The applicant is requesting this concurrent variance to allow the barn (which also contains a small apartment) to be in front of the new single-family residence. The following four variance considerations are discussed below regarding the applicant’s request. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 10, 2021 (First Presentation April 26, 2021) 4/21/2021 Page 11 of 16 R/P RZ97-138 The barn was originally constructed to house animals on the subject site. At that time, a primary house was not contemplated for the property. The existing structure currently meets the minimum standards for the AG-1 (Agricultural) district and based on the shape of the property being narrow in the front, a new single-family residence would be difficult to place in front of the existing structure. The applicant has demonstrated that the new single-family residence will blend in with the existing structure and therefore does not offend the spirit or intent of this zoning ordinance. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography, or other extraordinary and exceptional situations or conditions not caused by the variance applicant. Based on the shape of the property, the placement of the new single-family residence in front of the existing structure would create an unnecessary hardship. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. Staff notes that the existing structure had been used to house animals, but the applicant has chosen not to use it any longer in that capacity. Hence the need for this concurrent variance. The structure does have an appearance of a barn that houses animals, and to allow it to be in front of the proposed single-family residence (front yard) would not cause a substantial detriment to the public good and surrounding properties. (4) That the public safety, health, and welfare are secured, and that substantial justice is done. The request to allow the existing structure to be in the front yard when the proposed single-family residence is constructed ensures that the public safety, health, and welfare are secured, and that substantial justice is done. Therefore, Staff recommends that VC21-02 be APPROVED CONDITIONAL. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Sec. 64-2126. The proposed site does not contain wetlands, historical sites, or sensitive plant and animal species. The site does contain a stream that has been delineated with the appropriate buffers and setbacks. In Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 10, 2021 (First Presentation April 26, 2021) 4/21/2021 Page 12 of 16 R/P RZ97-138 addition, floodplain exists on the site adjacent to Cooper Sandy Creek, but is outside the building limits of the proposed single-family residence. The site also contains slopes exceeding 25%. The applicant states in their application that land disturbance is taking place on some of these slopes but will manage it through requirements of the State’s erosion control requirements. The applicant also states they are proposing a 7-foot-high retaining wall. Staff notes that the City allows only up to a 6-foot-high retaining wall. Therefore, when the building permit is submitted, this area will need to be redesigned to comply with this height limit. PUBLIC INVOLVEMENT On February 23, 2021, the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There was no one from the community in attendance nor anyone in attendance via Zoom. Public Comments – Staff has not received any comments from the public regarding this petition. PUBLIC PARTICIPATION REPORT The applicant held their Public Participation meeting on Friday, March 12, 2021. There was no one who attended either in person or via Zoom. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – March 2, 2021 Comments: • Provide support letters for the request from all the property owners within Boxwood Estates. • Recommended to rezone all the lots in Boxwood Estates to AG-1. • Recommend approval for the applicant’s request for both the rezoning and the concurrent variance. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 10, 2021 (First Presentation April 26, 2021) 4/21/2021 Page 13 of 16 R/P RZ97-138 The proposed rezoning of one lot to construct a single-family residence and to be able to grow various types of crops including grapes to produce wine without customers coming onto the property, is consistent with adjacent and nearby properties zoned AG-1 (Agricultural) to the north, further to the west, south, and southeast. It is Staff’s opinion that the proposed use is suitable with adjacent and nearby developments and zonings if approved with Staff’s recommended conditions. Existing uses and zoning of nearby property Location Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North & Northeast AG-1 (Agricultural) Gladwyne Subdivision & Woodwinds at New Providence Rear East RZ97-138 CUP (Community Unit Plan)/ Boxtree Manor 9 lots/ 0.16 units per acre/ 3,500 sq.ft. min Further East RZ72-074 R-2 (Residential) Scattered large estate lots 1 unit per acre South, Southwest, and West RZ97-138 CUP (Community Unit Plan)/ Boxtree Manor 10 lots/ 0.18 units per acre/ 3,500 sq.ft. min Front yard – 60’ Rear yard – 30’ Side yard – 15’ Side Corner – 40’ Further South AG-1 (Agricultural) Scattered large estate lots 1 unit per acre Further Southwest and West AG-1 (Agricultural) – Providence Plantation S/D 1 unit per acre Northwest AG-1 (Agricultural) Woodwinds at New Providence 1 unit per acre 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? A winery, which is allowed by right, open to the public could have an adverse effect on the adjacent properties. Staff recommends a condition to limit the number and frequency that customers coming onto the property to taste/purchase the wine. This is because the property is located within a platted subdivision. To access the subject site, one is Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 10, 2021 (First Presentation April 26, 2021) 4/21/2021 Page 14 of 16 R/P RZ97-138 required to drive through the Providence Plantation subdivision and then enter the gated subdivision, Boxwood Manor on a private road where the subject site is located. This condition will limit “commercial” type traffic into the subdivision but at the same time permit the applicant to legitimately propagate a vineyard for production of wine. If approved with the above requirement, the proposed development is consistent with nearby properties and will not adversely affect the existing use or usability of the adjacent properties described above. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use as currently zoned CUP (Community Unit Plan). 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools? Staff does not anticipate a significant impact on public services or utilities. The number of students attending Fulton County Schools were already accounted for when the rezoning for a CUP was approved in 1996. The subdivision is developed, and the proposed rezoning will not have a negative impact on existing streets, transportation facilities, or utilities if the recommended conditions are approved. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? 2035 City of Milton Comprehensive Plan: Agricultural, Equestrian, and Estate Residential Proposed use/density: Single Family Residential and farm at .092 units per acre The proposed AG-1 (Agricultural) zoning district conforms to the suggested policies and intent of the 2035 City of Milton Comprehensive Plan if developed with the recommended conditions to limit the activity on the property. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 10, 2021 (First Presentation April 26, 2021) 4/21/2021 Page 15 of 16 R/P RZ97-138 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The request for the proposed AG-1 (Agricultural) allows for the property owner to operate a winery where he intends to plant grapes as well as other crops and sell the wine per the State of Georgia farm winery regulations. In addition, adjacent and nearby properties are zoned AG-1 (Agricultural) as well as operating agricultural uses. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment, and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City if developed with the recommended conditions. CONCLUSION Staff recommends that the requested zoning to AG-1 (Agricultural) RZ21-04 be APPROVED CONDITIONAL and the Concurrent Variance VC21-02 be APPROVED CONDITIONAL with the attached recommended conditions. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 10, 2021 (First Presentation April 26, 2021) 4/21/2021 Page 16 of 16 R/P RZ97-138 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at 13555 Blakmaral Lane should be approved for AG-1 (Agricultural) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwelling and accessory uses and structures. b) No more than 1 dwelling unit at a maximum density of .092 unit per acre, whichever is less, based on the total acreage zoned. c) A winery with customer visits and purchase of wine by appointment only with a maximum of 5 appointments per day with a maximum number of customers of 10 persons at any time with hours of operation from 9 a.m. to 6 p.m. d) Uses pursuant to Sec. 64-415- Use Regulations of the AG-1 (Agricultural) District. e) Uses allowed by administrative or use permit pursuant to Article IX of Chapter 64. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the site plan received by the Community Development Department on January 28, 2021, whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the rezoning. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances, and these conditions prior to the approval of a Land Disturbance Permit. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To allow the existing structure to be located in the front yard. (VC21-02) Page 1 of 6 RZ21-04/VC21-02 ORDINANCE NO._______ PETITION NO. RZ21-04/VC21-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A REZONING FROM CUP (COMMUNITY UNIT PLAN) TO AG-1 (AGRICULTURAL) ON 10.8 ACRES LOCATED AT 13555 BLAKMARAL LANE AND A CONCURRENT VARIANCE BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on May 10, 2021 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the property located at 13555 Blakmaral Lane consisting of a total of 10.8 acres, as described in the legal description attached hereto as Exhibit “A”, be approved for a single-family residence subject to the Conditions of Approval described in Exhibit “B”; and SECTION 2. That the rezoning to AG-1 (Agricultural) approved hereby is subject to the provisions of Article VI, Division 2 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the Concurrent Variance (VC21-02) be approved as described in Exhibit “C”; and SECTION 4. That the property shall be developed in compliance with the Conditions of Approval as described as attached; provided that no uses or conditions hereby approved (including any site plan) shall authorize the violation of any district regulations or other zoning regulations other than as authorized by the Concurrent Variance as described in Exhibit “C” approved hereby; and SECTION 5. That all ordinances or parts of ordinances otherwise in conflict with the terms of this Ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 10th day of May 2021. Page 2 of 6 RZ21-04/VC21-02 Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Tammy Lowit, City Clerk (Seal) Page 3 of 6 RZ21-04/VC21-02 Page 4 of 6 RZ21-04/VC21-02 EXHIBIT “B” CONDITIONS OF APPROVAL Property located at 13555 Blakmaral Lane is approved for AG-1 (Agricultural) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwelling and accessory uses and structures. b) No more than 1 dwelling unit at a maximum density of .092 unit per acre, whichever is less, based on the total acreage zoned. c) A winery with customer visits and purchase of wine by appointment only with a maximum of 5 appointments per day with a maximum number of customers of 10 persons at any time with hours of operation from 9 a.m. to 6 p.m. d) Uses pursuant to Sec. 64-415- Use Regulations of the AG-1 (Agricultural) District. e) Uses allowed by administrative or use permit pursuant to Article IX of Chapter 64. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the site plan received by the Community Development Department on January 28, 2021, whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the rezoning. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances, and these conditions prior to the approval of a Land Disturbance Permit. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. Page 5 of 6 RZ21-04/VC21-02 SITE PLAN SUBMITTED – JANUARY 28, 2021 Page 6 of 6 RZ21-04/VC21-02 EXHIBIT “C” APPROVED CONCURRENT VARIANCE (VC21-02) a) Sec. 64-416(i) - To allow the existing structure to be located in the front yard. (VC21-02) CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 22, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal Year 2021 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available. MEETING DATE: Monday, April 26, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X April 26, 2021 X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on April 22, 2021 for First Presentation on the April 26, 2021 Regular City Council Meeting and Unfinished Business for the May 10, 2021 Regular City Council Meeting Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal Year 2021 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available. _____________________________________________________________________________________ Department Recommendation: The recommendation is to approve the budget amendments as proposed. Executive Summary: As the City budget is a dynamic rather than static plan, it requires amending from time to time. The proposed budget amendments enclosed are an update to the original budget as adopted on September 21, 2020 and reflect the most recent circumstances and recommendations. Requests outlined include revenue anticipation updates, several of which are a result of revenues rebounding sooner than anticipated as the economy recovers from the economic impact of COVID-19. Some of the more significant increases to anticipations for revenue include: current year real property tax, title ad valorem tax, intangible tax, local option sales tax, and transportation special purpose local option sales tax. Two revenue categories continue to be impacted and a corresponding decrease has been recognized for hotel motel excise tax and investment income. Milton’s fiscal model of conservative budgeting coupled with the economic recovery seen has put Milton in a solid position moving forward. The City’s budgetary and fund balance policies are clear that excess revenues must be spent on one-time expenditures that are nonrecurring in nature. With that in mind, the proposed amendments include a transfer out to the pay-as-you-go program in the Capital Projects Fund in the amount of $7.7 million. It is recommended that these funds are allocated across the following initiatives: • $300,000 to fund the bid alternate in the current pavement management plan • $1,350,000 to obtain a new ladder truck, a vehicle for the Assistant Fire Marshal, and to maintain the current annual replacement reserve in Fire • $60,000 towards two new vehicles for Community Development for the Chief Building Official and the Building Inspector • $4,000,000 for future active park land acquisition • $1,000,000 for improvements to the City's passive/greenspace properties • $1,000,000 for traffic calming to address any recommendations from the Local Road Safety Plan (LRSP) project The attached amendments also include staffing changes, and their annual fiscal impact, at the end of the General Fund expenditures detail section. The public hearing for this amendment was advertised in the Milton Herald on April 15, 2021 and will include detailed discussion of the amendments outlined in the attached document. Funding and Fiscal Impact: Please refer to the attached budget amendment documents. Alternatives: Other directed Council action. Concurrent Review: Steve Krokoff, City Manager Attachment(s): Fiscal Year 2021 Proposed Budget Amendments ORDINANCE NO. STATE OF GEORGIA FULTON COUNTY AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2021 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on May 10, 2021 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2021 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 2021 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2021 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. ADOPTED AND APPROVED this 10th day of May, 2021. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ ________________________ Councilmember Peyton Jamison Councilmember Carol Cookerly _________________________ ________________________ Councilmember Paul Moore Councilmember Joe Longoria _________________________ ________________________ Councilmember Laura Bentley Councilmember Rick Mohrig (SEAL) Attest: _______________________________ City Clerk City of Milton, Georgia Fiscal Year 2021 Summary of Departmental Budget Amendments The goal of the fiscal year 2021 budget amendment is to revise departmental budgets and interfund transfers based on activity-to-date and future projections. GENERAL FUND The General Fund is the principal operating fund of the government and is used to facilitate current year operations. General Fund revenues have unrestricted use. Utilization of prior year unrestricted fund balance in excess of required reserves shall be deemed a one-time revenue source. Expenditure requests are categorized into two categories: Salary and Benefits and Maintenance and Operating. Salary and benefits line items include salaries, overtime, vacation pay, retirement and other associated payroll expenditures. The maintenance and operating category include expenditures related to operational line items such as supplies, professional fees, training, dues and fees, travel, utilities, communications, machinery & equipment, etc. Revenue Amendments: The changes in original revenue estimates for the following revenue sources are driven by an analysis of the activity-to-date and include anticipations resulting from the current economic impact of COVID-19. A projection was completed using available data indicating the fiscal year 2021 revenue estimates could be adjusted by the amounts indicated in the table beginning on page 7. Some of the more significant changes are explained as follows: 1. The City anticipates an increase to current year real property tax revenues in the amount of $727,859 resulting from the difference in revenues projected from the original data provided by Fulton County and the final digest as billed. 2. The City has recognized increases to its share of the title ad valorem tax distribution. A resulting adjustment to anticipated revenues in the amount of $650,000 is being requested at this time as no significant changes are expected in vehicle sales through the end of the fiscal year. 3. The adjustment to interest rates, and resulting surge in real estate loan refinancing, has led to a higher than anticipated collection of intangible tax in FY 2021. Staff is projecting the need for an increase in the amount of $625,000 to this line item to account for these higher than anticipated collections. 4. Milton has been fortunate that local sales were not as heavily impacted as projected. A resulting increase of $708,000 is being requested for the local option sales tax line-item to account for revenues coming in higher than expected. 5. Council authorization to bring the building inspection and plan review services in-house will have an impact on revenues in the building permits category. An adjustment of $320,000 to this line-item represents the anticipated increase in collections as Milton will now recognize 100% of the collections and the true-up for current year actuals received to-date. Please note, all revenue collected in this category is dedicated 100% to supporting the expenses associated with the building inspection and plan review functions. 6. While many revenue sources have recovered faster than expected, interest rates have not. As a result, there is a request to decrease the anticipation of interest revenues by $64,000. There is a corresponding decrease recognized for investment related revenues in other funds as well. Expenditure Amendments: Comprehensive explanations for each of the amendments to the expenditure accounts are provided within the expenditures detail beginning on page 8. FY 2021 Current Budget Proposed Amendment Total Amended Budget REVENUES Taxes 27,815,229$ 3,123,659$ 30,938,888$ Licenses & Permits 604,800 355,000 959,800 Intergovernmental Revenues 7,500 - 7,500 Charges for Services 474,210 25,000 499,210 Fines & Forfeitures 400,000 - 400,000 Investment Income 84,500 (64,300)20,200 Contributions & Donations - 1,887 1,887 Miscellaneous Revenue 110,128 72,530 182,658 Proceeds from Sale of Assets 15,000 - 15,000 subtotal 29,511,367$ 3,513,776$ 33,025,143$ Interfund Transfers In: Operating Grant Fund -$ 1,651,649 1,651,649 subtotal -$ 1,651,649$ 1,651,649$ TOTAL REVENUES $ 29,511,367 $ 5,165,425 $ 34,676,792 EXPENDITURES Mayor & Council 161,081$ -$ 161,081$ City Clerk 296,633 - 296,633 City Manager 846,407 (102,418)743,989 General Administration 45,557 - 45,557 Finance 642,277 2,076 644,353 Legal 335,000 - 335,000 Information Technology 1,383,409 20,000 1,403,409 Human Resources 372,280 12,360 384,640 Risk Management 265,345 - 265,345 General Government Buildings 325,126 - 325,126 Communications 263,418 2,500 265,918 Community Outreach & 186,569 - 186,569 Municipal Court 370,108 (15,000)355,108 Police 5,198,242 16,198 5,214,440 Fire 7,454,408 (26,959)7,427,449 Public Works 2,788,578 1,759 2,790,337 Parks & Recreation (Active)1,282,458 26,328 1,308,786 Passive Parks/Greenspace 159,574 129,029 288,603 Community Development 1,787,047 42,940 1,829,987 Economic Development 156,247 - 156,247 Debt Service - - - Contingency 243,198 (6,981)236,217 subtotal 24,562,962$ 101,833$ 24,664,795$ Interfund Transfers Out: Capital Projects Fund 4,927,056$ 7,710,000 12,637,056$ subtotal 6,577,082$ 7,710,000$ 14,287,082$ TOTAL EXPENDITURES $ 31,140,044 $ 7,811,833 $ 38,951,877 Total Revenues Over/(Under) Expenditures (1,628,677)$ (2,646,408)$ (4,275,085)$ Beginning Fund Balance 13,114,251 13,114,251 ENDING FUND BALANCE 11,485,574$ 8,839,167$ General Fund Budget Summary Proposed Budget Amendment Fiscal Year 2021 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXES Real Property Tax - Current Year 11,730,384 727,859 12,458,243 Public Utility Tax 95,000 4,800 99,800 Motor Vehicle Tax 34,278 9,000 43,278 Title Ad Valorem Tax 703,521 650,000 1,353,521 Intangible Tax 266,000 625,000 891,000 Real Estate Transfer Tax 100,000 100,000 200,000 Franchise Fees/Natural Gas 350,000 32,921 382,921 Franchise Fees/Cell/Fiber/Telecommunications 54,124 155,579 209,703 Local Option Sales Tax 8,775,931 708,000 9,483,931 Insurance Premium Tax 2,500,000 100,000 2,600,000 Penalties & Interest-Real Property Tax 15,000 10,000 25,000 Penalties & Interest-Personal Property Tax 800 500 1,300 TOTAL: TAXES 3,123,659 LICENSES & PERMITS Alcohol Beverage Licenses 160,000 15,000 175,000 Pouring Permit 7,200 6,000 13,200 Zoning & Land Use Permits 2,800 10,000 12,800 Variance 4,700 4,000 8,700 Building Permits 350,000 320,000 670,000 TOTAL: LICENSES & PERMITS 355,000 CHARGES FOR SERVICE Online Payment Convenience Fee 4,000 25,000 29,000 TOTAL: CHARGES FOR SERVICE 25,000 INVESTMENT INCOME Interest Revenue 500 (300) 200 Realized Gain/Loss On Investment 84,000 (64,000) 20,000 TOTAL: INVESTMENT INCOME (64,300) CONTRIBUTIONS & DONATIONS Donation Revenue-Milton First Responders Foundation - 550 550 Donation Revenue-Parks & Recreation - 1,337 1,337 TOTAL: CONTRIBUTIONS & DONATIONS 1,887 Change in revenue recognition Proposed Budget Amendment Fiscal Year 2021 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: MISCELLANEOUS REVENUE Facility Rental/Bethwell Community Center 6,000 (5,000) 1,000 Facility Rental/Bell Memorial Park 13,500 50,000 63,500 Facility Rental/City Hall/Community Place 2,500 (2,000) 500 Facility Rental/Cox Road 2,000 20,000 22,000 Insurance Proceeds-Public Safety - 4,539 4,539 Insurance Proceeds-Parks & Recreation - 4,991 4,991 TOTAL: MISCELLANEOUS REVENUE 72,530 OTHER FINANCING SOURCES Operating Transfers In From Operating Grant Fund - 1,651,649 1,651,649 TOTAL: OTHER FINANCING SOURCES 1,651,649 TOTAL REVENUES $ 5,165,425 Change in revenue recognition Proposed Budget Amendment Fiscal Year 2021 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES: CITY MANAGER Salaries & Wages 413,407 62,582 475,989 Addition of a Deputy City Manager FINANCE Salaries & Wages 363,279 (8,064) 355,215 Reclassification of the Finance Director to Finance Manager MUNICIPAL COURT Salaries & Wages 176,327 (15,000) 161,327 Shared Court Clerk with the City of Alpharetta POLICE Salaries & Wages 2,920,698 13,533 2,934,231 Addition of a part-time Records Clerk and Reclassification of the full-time Records Clerk to Property & Evidence Technician FIRE Salaries & Wages 4,575,619 26,954 4,602,573 Communications 86,570 333 86,903 Education & Training 2,650 500 3,150 Uniforms 162,981 (69,342) 93,639 COMMUNITY DEVELOPMENT Salaries & Wages 1,036,895 (8,250) 1,028,645 Employee Benefits 373,923 39,667 413,590 Vehicle Repair & Maintenance 2,600 800 3,400 Communications 4,800 640 5,440 Education & Training 8,713 5,500 14,213 Gasoline/Diesel 6,625 2,083 8,708 Books & Periodicals 100 1,000 1,100 Uniforms 1,350 1,000 2,350 Other Equipment 2,900 500 3,400 TOTAL: STAFFING CHANGES 54,437 STAFFING CHANGES Addition of an Assistant Fire Marshal offset by savings related to the decision to not staff the 9 positions at Fire Station 44 (the department has submitted an Addition of a Chief Building Official, Plans Examiner, Building Inspector, and Permit Technician offset by savings recognized through the merger of the Community Development Director and City Architect positions Proposed Budget Amendment Fiscal Year 2021 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES: CITY MANAGER Professional Fees 299,000 (165,000) 134,000 Transfer of $165,000 of the original $200,000 set aside to address year-one initiatives outlined in the 2021-2026 Strategic Plan to corresponding departments / $35,000 to remain in the City Manager Department to address: a marketing plan $20,000, staff development $10,000, and an advanced level emergency management drill $5,000 INFORMATION SERVICES Professional Fees 41,000 20,000 61,000 Intranet planning $10,000 and IT lifecycle plan/inventory system $10,000 HUMAN RESOURCES Education & Training 16,697 2,500 19,197 On-boarding plan for boards & commission members COMMUNICATIONS Professional Fees 18,080 2,500 20,580 Website transparency measurement PARKS & RECREATION (ACTIVE) Professional Fees 6,000 20,000 26,000 Active park analysis/land acquisition costs $20,000 PASSIVE PARKS/GREENSPACE Grounds Repair & Maintenance 69,268 120,000 189,268 Funding to address improvements at the Birmingham Park property (to potentially include trail widening and clean-up, equine watering stations, improvements to the gravel parking lot, etc.) TOTAL: STRATEGIC PLANNING INITIATIVES - STRATEGIC PLANNING INITIATIVES Proposed Budget Amendment Fiscal Year 2021 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES: FINANCE Employee Benefits 136,379 (3,860) 132,519 Professional Fees 57,300 (6,000) 51,300 HUMAN RESOURCES Professional Fees 35,211 9,860 45,071 TOTAL: INTERDEPARTMENTAL TRANSFERS - FINANCE Administrative Fees 5,500 20,000 25,500 Increase to account for credit card processing fees / offset by related revenue collections POLICE Other Equipment 58,750 2,665 61,415 Equipment for the Emergency Operations Center (headsets, microphones, smartboard, etc.) FIRE Equipment Repair & Maintenance 209,716 4,539 214,255 Increase to account for insurance proceeds related to a lightning strike at fire station 41 Other Equipment 27,608 10,057 37,665 Equipment for the Emergency Operations Center (headsets, microphones, smartboard, etc.) $2,557 and funding for a radio for the Assistant Fire Marshal position $7,500 PUBLIC WORKS Other Equipment 43,477 1,759 45,236 Equipment for the Emergency Operations Center (headsets, microphones, smartboard, etc.) Transfer funding related to the City's post employment benefits plan from Finance to HR (initial plan funding $3,860 and actuarial valuation $6,000) OTHER REQUESTS INTERDEPARTMENTAL TRANSFERS Proposed Budget Amendment Fiscal Year 2021 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES: PARKS & RECREATION (ACTIVE) Facility Repair & Maintenance 38,600 4,296 42,896 Increase to account for insurance proceeds related to water damage from a broken pipe at the former Milton Country Club property Grounds Repair & Maintenance 73,600 2,032 75,632 Increase to account for insurance proceeds related to fence damages at the Broadwell Pavilion property $695 and a donation from the Hopewell Youth Association towards fencing at the Cox Road facility $1,337 PASSIVE PARKS/GREENSPACE Capital Outlays-Property - 9,029 9,029 Funding to address costs associated with the title policy, title search, and plat review related to the end of lease buyout with Fulton County for Fire Station 43 and the surrounding property (this portion is related to the land that falls under the park's acreage) TOTAL: OTHER REQUESTS 54,377 Proposed Budget Amendment Fiscal Year 2021 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES: Operating Transfer Out to Capital Projects Fund 4,927,056 7,710,000 12,637,056 Increase to account for $300,000 towards funding the bid alternate for pavement management, $1,350,000 to obtain a new ladder truck, a vehicle for the Assistant Fire Marshal, and to maintain the current annual replacement reserve in Fire, $60,000 towards two new vehicles for Community Development for the Chief Building Official and the Building Inspector, $4,000,000 for future active park land acquisition, $1,000,000 for improvements to the City's passive/greenspace properties, and $1,000,000 for traffic calming to address any recommendations from the Local Road Safety Plan (LRSP) project TOTAL: OPERATING TRANSFERS OUT 7,710,000 Contingency 243,198 (6,981) 236,217 Transfer $6,981 to address equipment requests for the Emergency Operations Center spread across Police, Fire, and Public Works TOTAL: OPERATING TRANSFERS OUT (6,981) TOTAL EXPENDITURES $ 7,811,833 Total Revenues Over/(Under) Expenditures (2,646,408)$ OPERATING TRANSFERS OUT CONTINGENCY ANNUAL IMPACT ASSOCIATED WITH PERSONNEL MODIFICATIONS STAFFING CHANGES Description of Change Annual Salary Budget Annual Benefits Budget Reclassify PT Records Clerk in Community Development to FT 9,715 20,311 Remove FT Records Clerk in City Clerk (44,806) (23,230) Merge Community Development Director and City Architect positions (97,518) (31,227) Addition of a Deputy City Manager 163,855 40,732 Transition of the Finance Director to Assistant City Manager (13,549) (2,190) Reclassification of the Finance Director to Finance Manager (8,004) 2,988 Addition of an Assistant Fire Marshal 41,057 20,529 Addition of PT Records Clerk in Police 25,158 1,418 Reclassify FT Records Clerk to FT Evidence Technician 8,645 1,803 Reclassify the Economic Development Manager from FT to PT (32,019) (27,190) Shared Court Clerk with Alpharetta (44,590) (7,762) Total Added Expense / (Savings)7,945 (3,818) Total Annual Salary & Benefit Impact: 4,126 BRINGING THE BUILDING INSPECTIONS AND PLAN REVIEW FUNCTIONS IN-HOUSE Expenditure Category Annual Cost Calculation Explanation Personnel Salaries 291,000 Chief Building Official, Building Plan Review, Fire Plan Review*, Building Inspector, Permit Technician Benefits 145,500 Estimated 50% of base salaries Total Personnel 436,500 Operating Expeses 19,246 Training, uniforms, liability insurance, vehicle maintenance, fuel, supplies, communications, etc. Capital 9,492 $35,500 per vehicle x 2 vehicles / 7.5-yr replacement at 3% annual interest Total Annual Impact 465,238 *The Fire Plan Review position is estimated at 39% of a full-time employee's annual cost FIRE DEPARTMENT – CAPITAL INVESTMENT REQUEST Original Position Requests Annual Salary Budget Annual Benefits Budget Remove 3 Budgeted Captains (184,623) (92,312) Remove 6 Budgeted FAOs (307,704) (153,852) (492,327) (246,164) Total Annual Salary & Benefit Impact Total One-Time Capital Investment Request 1,350,000 The funding required to purchase and equip a ladder truck for Stn 44, an additional vehicle for the Assistant Fire Marshal, and maintain the current annual vehicle replacement reserve in the capital projects fund @ $450,000/year will be: $1,350,000 (738,491) Position requests will be replaced by a change in equipment being deployed and further leveraging of inter-agency partnerships. (Please note, none of the budgeted positions had been filled to-date.) FY 2021 Current Budget Requested Amendment Total Amended Budget Revenues 32,500$ (11,500)$ 21,000$ Expenditures 101,178$ (12,385)$ 88,793$ Total Revenues Over/(Under) Expenditures (68,678)$ 885$ (67,793)$ Beginning Fund Balance 67,794$ 67,794$ ENDING FUND BALANCE (884)$ 1$ FY 2021 Current Budget Requested Amendment Total Amended Budget Revenues 24,000$ (4,000)$ 20,000$ Expenditures 24,000$ (4,000)$ 20,000$ Total Revenues Over/(Under) Expenditures -$ -$ -$ Beginning Fund Balance -$ -$ ENDING FUND BALANCE -$ -$ FY 2021 Current Budget Requested Amendment Total Amended Budget Revenues -$ -$ -$ Expenditures -$ 3,033$ 3,033$ Total Revenues Over/(Under) Expenditures -$ (3,033)$ (3,033)$ Beginning Fund Balance 99,238$ 99,238$ ENDING FUND BALANCE 99,238$ 96,205$ Special Revenue Funds Budget Summaries SPECIAL EVENTS FUND CONFISCATED ASSETS FUND HOTEL/MOTEL TAX FUND FY 2021 Current Budget Requested Amendment Total Amended Budget Revenues 1,000,000$ 155,000$ 1,155,000$ Expenditures 1,000,000$ 155,000$ 1,155,000$ Total Revenues Over/(Under) Expenditures -$ -$ -$ Beginning Fund Balance -$ -$ ENDING FUND BALANCE -$ -$ FY 2021 Current Budget Requested Amendment Total Amended Budget Revenues -$ 1,651,649$ 1,651,649$ Expenditures -$ 1,651,649$ 1,651,649$ Total Revenues Over/(Under) Expenditures -$ -$ -$ Beginning Fund Balance -$ -$ ENDING FUND BALANCE -$ -$ OPERATING GRANT FUND Special Revenue Funds Budget Summaries Continued E-911 FUND SPECIAL EVENTS FUND & HOTEL/MOTEL TAX FUND The Special Events Fund is used to track revenues and expenditures associated with running the City’s special events. The primary revenue source for this fund is an interfund transfer in from the Hotel/Motel Tax Fund. A decrease in tax revenues anticipated as a result of COVID- 19 in the Hotel/Motel Tax Fund also results in a request to decrease the interfund transfer line items between the two funds of $4,000. Revenue anticipation updates to the sponsor fees and for Crabapple Fest in the amount of $7,500 has also been requested. Proposed Budget Amendments Fiscal Year 2021 SPECIAL EVENTS FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: CONTRIBUTIONS & DONATIONS Crabapple Fest Sponsor 7,500 (7,500) - TOTAL: CONTRIBUTIONS & DONATIONS (7,500) OTHER FINANCING SOURCES Operating Transfers In From Hotel/Motel Tax Fund 24,000 (4,000) 20,000 TOTAL: OTHER FINANCING SOURCES (4,000) TOTAL REVENUES $ (11,500) EXPENDITURES: Professional Fees/Crabapple Fest 11,230 (4,885) 6,345 Rental Equipment & Vehicles/Crabapple Fes 7,900 (7,500) TOTAL EXPENDITURES $ (12,385) Total Revenues Over/(Under) Expenditures 885$ Change in revenue recognition Decrease to offset final revenue collections in FY 2020 and the reduction in anticipated revenue collections for FY 2021 Proposed Budget Amendments Fiscal Year 2021 HOTEL/MOTEL TAX FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXES HOTEL/MOTEL EXCISE TAX 24,000 (4,000) 20,000 TOTAL: INTERGOVERNMENTAL (4,000) TOTAL REVENUES $ (4,000) EXPENDITURES: OPERATING TRANSFERS OUT TO SPECIAL EVENTS FUND 24,000 (4,000) 20,000 Decrease to account for the reduction in anticipated revenues for FY 2021 TOTAL EXPENDITURES $ (4,000) Total Revenues Over/(Under) Expenditures -$ Change in revenue recognition CONFISCATED ASSETS FUND The Confiscated Assets Fund is utilized to account for the use of confiscated assets by the City’s Police Department. Both federal and state confiscated assets are maintained within this fund, and guidelines by both jurisdictions must always be adhered to. Proposed Budget Amendments Fiscal Year 2021 CONFISCATED ASSETS FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES: Education & Training/Federal Funds - 3,033 3,033 Set budget for purchases made with federal confiscated funds TOTAL EXPENDITURES $ 3,033 Total Revenues Over/(Under) Expenditures (3,033)$ E-911 FUND The City’s E-911 Fund accounts for the revenues and monthly payments related to providing emergency 911 services to the community. Milton currently has an Intergovernmental Agreement with the City of Alpharetta and 100% of all revenue collections are passed on to them to cover Milton’s share of the expenses related to the program. In FY 2021 revenue and corresponding expenditure anticipations are anticipated to increase by $155,000. Proposed Budget Amendments Fiscal Year 2021 E-911 FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: CHARGES FOR SERVICES Public Safety/E-911 Charges 1,000,000 155,000 1,155,000 Change in revenue recognition TOTAL: CHARGES FOR SERVICES 155,000 TOTAL REVENUES $ 155,000 EXPENDITURES: Police 1,000,000 155,000 1,155,000 Increase to account for the additional revenues anticipated for FY 2021 100% of the E-911 revenues received are sent to the City of Alpharetta to cover Milton's share of the E-911 center as outlined in the current IGA between the cities TOTAL: POLICE 155,000 TOTAL EXPENDITURES $ 155,000 Total Revenues Over/(Under) Expenditures -$ OPERATING GRANT FUND The City’s Operating Grant Fund accounts for the revenues and expenditures related to grant funding for day-to-day operations. Milton was approved for $1.65 million in CARES Act funds to reimburse the City for expenses incurred in FY 2020. The following amendments are to recognize the revenues in the Operating Grant Fund and to transfer them to the General Fund to reimburse the fund for CARES Act eligible expenses sustained. Proposed Budget Amendments Fiscal Year 2021 OPERATING GRANT FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: INTERGOVERNMENTAL Federal Gov Grant/CARES Act - 1,651,603 1,651,603 TOTAL: INTERGOVERNMENTAL 1,651,603 INVESTMENT INCOME Interest Revenue - 46 46 TOTAL: CONTRIBUTIONS & DONATIONS 46 TOTAL REVENUES $ 1,651,649 EXPENDITURES: Operating Transfers Out to the General Fund - 1,651,649 1,651,649 Transfer out to the General Fund to reimburse the fund for CARES Act eligible expenses incurred in FY 2020 TOTAL EXPENDITURES $ 1,651,649 Total Revenues Over/(Under) Expenditures -$ Change in revenue recognition FY 2021 Current Budget Requested Amendment Total Amended Budget Revenues 5,082,056$ 7,826,912$ 12,908,968$ Expenditures 17,116,238$ 7,831,746$ 24,947,984$ Total Revenues Over/(Under) Expenditures (12,034,182)$ (4,834)$ (12,039,016)$ Beginning Fund Balance 12,039,016$ 12,039,016$ ENDING FUND BALANCE 4,834$ 0$ FY 2021 Current Budget Requested Amendment Total Amended Budget Revenues 1,581,737$ 77,542$ 1,659,279$ Expenditures 6,742,607$ (12,321)$ 6,730,286$ Total Revenues Over/(Under) Expenditures (5,160,870)$ 89,863$ (5,071,007)$ Beginning Fund Balance 5,247,816$ 5,247,816$ ENDING FUND BALANCE 86,946$ 176,809$ FY 2021 Current Budget Requested Amendment Total Amended Budget Revenues 6,072,000$ 1,507,178$ 7,579,178$ Expenditures 22,996,046$ 2,315,528$ 25,311,574$ Total Revenues Over/(Under) Expenditures (16,924,046)$ (808,350)$ (17,732,396)$ Beginning Fund Balance 17,777,064$ 17,777,064$ ENDING FUND BALANCE 853,018$ 44,668$ Capital Projects Funds Budget Summaries CAPITAL PROJECTS FUND GREENSPACE BOND FUND TSPLOST FUND FY 2021 Current Budget Requested Amendment Total Amended Budget Revenues 1,350,679$ (47,581)$ 1,303,098$ Expenditures 2,325,653$ (47,581)$ 2,278,072$ Total Revenues Over/(Under) Expenditures (974,974)$ -$ (974,974)$ Beginning Fund Balance 975,930$ 975,930$ ENDING FUND BALANCE 955$ 955$ FY 2021 Current Budget Requested Amendment Total Amended Budget Revenues 875,500$ -$ 875,500$ Expenditures 3,001,766$ 81,851$ 3,083,617$ Total Revenues Over/(Under) Expenditures (2,126,266)$ (81,851)$ (2,208,117)$ Beginning Fund Balance 2,208,117$ 2,208,117$ ENDING FUND BALANCE 81,851$ -$ Capital Projects Funds Budget Summaries Continued CAPITAL GRANT FUND IMPACT FEES FUND CAPITAL PROJECTS FUND The Capital Projects Fund is used to track revenues and expenditures associated with capital construction, acquisition, and maintenance. Appropriations in Capital Projects Fund are on a project-length basis and do not expire until the project is complete. According to the City’s budgetary policies, a major capital project generally is defined as an expenditure that has an expected useful life of more than 3 years with an estimated total cost of $50,000 or more, or an improvement/addition to an existing capital asset. Proposed Budget Amendments Fiscal Year 2021 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: CHARGES FOR SERVICE Special Assessment/Mayfield Rd Stormwater Facility - 45,722 45,722 TOTAL: CHARGES FOR SERVICE 45,722 MISCELLANEOUS REVENUE Insurance Proceeds-Public Safety - 25,662 25,662 Other Miscellaneous Revenue - 45,528 45,528 TOTAL: MISCELLANEOUS REVENUE 71,190 OTHER FINANCING SOURCES Operating Transfers In From General Fund 4,927,056 7,710,000 12,637,056 TOTAL: OTHER FINANCING SOURCES 7,710,000 TOTAL REVENUES 7,826,912 CAPITAL PROJECTS FUND Change in Revenue Recognition Proposed Budget Amendments Fiscal Year 2021 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES: Vehicles/Replacement Reserve (General Administration)13,762 13,651 27,413 Transfer from contingency to account for the purchase a new pool vehicle for administrative staff Vehicles/Replacement Reserve (Police)404,849 25,662 430,511 Increase budget to account for insurance proceeds from a total loss Vehicles/Replacement Reserve (Fire)955,020 1,350,000 2,305,020 Funding to purchase a new ladder truck for station 44, a vehicle for the Assistant Fire Marshal, and to maintain the current annual replacement reserve Vehicles/Replacement Reserve (Community Development)35,485 64,000 99,485 Funding to purchase two vehicles as part of the decision to bring the building inspection and plan review services in- house Advanced Life Support Equipment - 67,072 67,072 Funding to purchase two LifePaks to support enhancements to the Fire Department's Emergency Response Services program Pavement Management 4,648,731 320,000 4,968,731 Adjust the project budget to address bid alternates in the pavement management program bid and account for the LMIG grant coming in lower than anticipated Infrastructure/Traffic Calming 137,448 1,000,000 1,137,448 Funding to address potential improvements/findings from the Local Road Safety Plan (LRSP) project CAPITAL PROJECTS FUND Proposed Budget Amendments Fiscal Year 2021 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES: Sites/Park Land Acquisition - 4,000,000 4,000,000 Funding for future active park land acquisition(s) Facility Repair & Maintenance/Mayfield Rd Stormwater Facility - 45,722 45,722 Increase to account for funds restricted to address maintaining and repairing the stormwater infrastructure located at Mayfield Lake Park Site Improvements 265,000 1,000,000 1,265,000 Funding to address site improvements at the City's passive parks and greenspaces Contingency 148,021 (99,889) 48,132 Decreased to cover requests that are not covered by interdepartmental transfers or other revenue sources ($13,651 for a replacement pool vehicle, $67,072 for two LifePaks, $4,000 for the two CD vehicles, and $15,166 for pavement management) Operating Transfer Out to TSPLOST Fund - 45,528 45,528 Transfer developer payment towards infrastructure not installed - Cogburn Road Sidewalk project (the City will address the completion of the install utilizing the developer's funding) TOTAL EXPENDITURES 7,831,746 Total Revenues Over/(Under) Expenditures (4,834)$ CAPITAL PROJECTS FUND GREENSPACE BOND FUND This fund was set up to account for the bond proceeds and related purchases approved in the greenspace bond referendum and the corresponding debt service. Budget amendments related to property tax collections and investment income anticipated have been requested as well as a corresponding decrease to Land Conservation due to the decrease associated with investment income in FY 2020 and FY 2021. Proposed Budget Amendments Fiscal Year 2021 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXES Real Property - Current Year 1,531,461 78,709 1,610,170 Public Utility Tax 11,808 (459) 11,349 Real Property - Prior Year 500 6,200 6,700 Personal Property Tax - Prior Year - 500 500 Motor Vehicle Tax 4,200 1,092 5,292 TOTAL: TAXES 86,042 INVESTMENT INCOME Interest Revenue (Regions) 9,000 (8,500) 500 TOTAL: INVESTMENT INCOME (8,500) TOTAL REVENUES $ 77,542 EXPENDITURES: Land Conservation 5,030,175 (12,321) 5,017,854 TOTAL EXPENDITURES $ (12,321) Total Revenues Over/(Under) Expenditures 89,863$ GREENSPACE BOND FUND Decrease to offset final revenue collections in FY 2020 and the reduction in anticipated revenue collections for FY 2021 related to investment income Change in revenue recognition TSPLOST FUND The TSPLOST Fund has been set up to account for the proceeds of the transportation local option sales tax and the various improvement projects outlined in the program. A budget amendment to recognize an increase in anticipated sales tax revenues and a decrease in investment income anticipated has been requested. In addition, the budget for Hopewell @ Bethany and Morris Road Widening have been increased to account for higher than anticipated construction expenses, and the Big Creek Greenway project and Cogburn Road Sidewalks project are being transferred in to the TSPLOST fund to comply with chart of account guidelines. Proposed Budget Amendments Fiscal Year 2021 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXES Transportation Special Purpose Local option Sales Tax 6,000,000 868,450 6,868,450 TOTAL: INVESTMENT INCOME 868,450 INVESTMENT INCOME Realized Gain or Loss (GA Fund 1)72,000 (61,800) 10,200 TOTAL: INVESTMENT INCOME (61,800) OTHER FINANCING SOURCES Operating Trfr In From the Capital Projects Fund - 45,528 Operating Trfr In From the Capital Grant Fund - 655,000 TOTAL: OTHER FINANCING SOURCES 700,528 TOTAL REVENUES $ 1,507,178 TSPLOST FUND Change in revenue recognition Proposed Budget Amendments Fiscal Year 2021 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES: (4) Hopewell @ Bethany MIL-001 2,824,228 800,000 3,624,228 (10) Morris Road Widening MIL-031 1,896,753 815,000 2,711,753 Infrastructure/Trail Connection to Big Creek Greenway - 655,000 655,000 Moving the Big Creek Greenway project from the Capital Grant Fund to the TSPLOST Fund to comply with the GA Uniform Chart of Accounts (7) Pedestrian 1 MIL-034 2,121,881 45,528 2,167,409 Transfer developer payment towards infrastructure not installed - Cogburn Road Sidewalk project (the City will address the completion of the install utilizing the developer's funding) TOTAL EXPENDITURES $ 2,315,528 Total Revenues Over/(Under) Expenditures (808,350)$ TSPLOST FUND Increasing project budgets to account for higher than anticipated construction expenses CAPITAL GRANT FUND The Capital Grant Fund is considered to be a capital project fund that accounts for capital grants used to finance major capital projects. City staff have identified new opportunities across multiple grant programs and the corresponding amendments account for the grant funding and expenses as well as the City’s required matches. Proposed Budget Amendments Fiscal Year 2021 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: INTERGOVERNMENTAL State Gov Grant/LMIG Funds 440,000 (47,581) 392,419 TOTAL: INTERGOVERNMENTAL (47,581) TOTAL REVENUES $ (47,581) EXPENDITURES BY PROJECT: Pavement Management 884,773 (47,581) 837,192 Decrease budget to account LMIG revenues coming in lower than anticipated Infrastructure/Trail Connection to Big Creek Greenway 655,000 (655,000) - Moving the Big Creek Greenway project from the Capital Grant Fund to the TSPLOST Fund to comply with the GA Uniform Chart of Accounts Operating Transfer Out to TSPLOST Fund - 655,000 655,000 Increase to account for transfer of funds from the completed intersection improvement project SR372 (Crabapple @ Birmingham) to the Pavement Management account in the Capital Projects Fund TOTAL EXPENDITURES $ (47,581) Total Revenues Over/(Under) Expenditures -$ CAPITAL GRANT FUND Change in revenue recognition IMPACT FEE FUND The Impact Fee Fund accounts for revenues and expenditures related to the City’s impact fee program as approved in October 2015. The following adjustments are to allocate impact fee revenues that came in higher than anticipated in FY 2020 across qualified projects. Proposed Budget Amendments Fiscal Year 2021 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES: SR9 Court/Fire/Police Complex 13,000 597 13,597 Site Improvements/Station 42 Replacement 381,632 5,224 386,856 Infrastructure/Bridge Replacement 110,000 7,518 117,518 Site Improvements/Providence Park 30,714 66,268 96,982 Professional Fees 76,878 2,244 79,122 TOTAL EXPENDITURES $ 81,851 Total Revenues Over/(Under) Expenditures (81,851)$ IMPACT FEES FUND Adjustments to account for FY 2020 actuals over budget CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 20, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Article II of Chapter 36, Door-to-Door Sales, of the Code of the City of Milton, GA. MEETING DATE: Monday, April 26, 2021 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: __________ April 26, 2021 X X X X To: Honorable Mayor and City Council Members From: Rich Austin, Police Chief Date: Submitted on March 24, 2021 for the April 12, 2021 (First Presentation) and April 26, 2021 (Unfinished Business) Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Amend Article II of Chapter 36, Door-to-Door Sales, of the Code of the City of Milton, GA. _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: This is a proposed revision and update to Article II of Chapter 36 of the City’s Code relating to door-to-door sales. The purpose of this update is to define charitable organizations and nonprofit organizations, require that charitable organizations register with the Secretary of State pursuant to Georgia statute O.C.G.A. § 43-17-5, and amend the exceptions to these requirements to comply with state statutes. Funding and Fiscal Impact: None. Alternatives: The City Council has the discretion to decide whether or not to revise and update the ordinance. Legal Review: Ken Jarrard, Jarrard and Davis March 23, 2021 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance Revision 1 STATE OF GEORGIA ORDINANCE NO. _____ COUNTY OF FULTON AN ORDINANCE TO AMEND ARTICLE II OF CHAPTER 36, DOOR TO DOOR SALES, OF THE CODE OF THE CITY OF MILTON, GEORGIA BE IT ORDAINED by the City Council for the City of Milton, Georgia as follows: WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of Milton, Georgia has the power to adopt clearly reasonable ordinances, resolutions and regulations for the protection and preservation of the public health, safety and welfare of its citizens; and WHEREAS, Article II of Chapter 36 of the City of Milton Code of Ordinances regulates the door-to-door solicitation in the City of Milton and imposes various requirements and regulations on individuals seeking to solicit within the City; and WHEREAS, the Mayor and Council have determined that it is in the best interest of the City’s residents to amend the existing regulations; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, as follows: SECTION 1. That Article II of Chapter 36 of the City of Milton Code of Ordinances is hereby replaced in its entirety by the text attached hereto as Exhibit A. SECTION 2. That all ordinances or part of ordinances that conflict with the terms of this ordinance are hereby repealed; and SECTION 3. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature approval of the Mayor. SO ORDAINED this the _____ day of _________________, 2021, the public’s health, safety, and welfare demanding it. Approved: Joe Lockwood, Mayor Attest: Tammy Lowit, City Clerk Exhibit A ARTICLE II. - DOOR-TO-DOOR SALES DIVISION 1. - GENERALLY Sec. 36-19. - Definitions. For the purpose of this article, the following words as used herein shall be considered to have the meaning herein ascribed thereto: Bona fide charitable organization means any benevolent, philanthropic, patriotic, or eleemosynary (of, relating to, or supported by charity or alms) person, who solicits or obtains contributions solicited from the general public, any part of which contributions is used for charitable purposes; and any person who or which falsely represents himself, herself, or itself to be a charitable organization as defined by this paragraph. The term charitable organization shall not include a religious organization as defined in this Section. Handbill means any printed or written material, any leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original copies of any matter or literature pertaining to any speech, whether commercial or noncommercial. Moral turpitude means, in relation to a criminal offense, a crime that is contrary to justice, honesty, modesty, good morals or a person's duty to other people. Misdemeanors that are crimes of moral turpitude for the purpose of this article include, but are not limited to, theft, bad checks, shoplifting, making terroristic threats, giving a false name to a police officer, false swearing, forgery, fraud and extortion. Nonprofit corporation shall mean a duly formed corporation, registered with the Georgia Secretary of State, that has been approved as a tax-exempt, charitable organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended. Religious organization means an entity which conducts regular worship services; or is qualified as a religious organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, that is not required to file IRS Form 990, Return of Organization Exempt From Income Tax, under any circumstances. Residence includes every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure. Soliciting includes any one or more of the following activities: 1) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services, of any kind, character or description whatever, for any kind of consideration whatever; 2) Seeking to obtain prospective customers for the application or purchase of insurance of any type, kind or publication; or 3) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication. 3 Solicitor includes any person who solicits orders or appointments on behalf of a firm, corporation, company, association, partnership or individual for any goods, wares, services, or merchandise or other things of value, from house to house. Any person who obtains orders or appointments for merchandise, services, or other things of value shall be deemed a solicitor. The term solicitor shall not mean an individual or field sales representative working for or on behalf of a bona fide charitable organization or nonprofit organization corporation. However, all bona fide charitable organizations shall be registered with the Georgia Secretary of State, in accord with O.C.G.A. § 43-17-5, except as otherwise exempted pursuant to O.C.G.A. § 43- 17-9. or students or parents of students (i.e., PTA, booster club organizations) participating in approved school-sponsored fund raisers. Secs. 36-20—36-38. - Reserved DIVISION 2. - PERMIT Sec. 36-39. - General provisions. (a) Required. It shall be unlawful for any person to engage in the business of soliciting, calling on residences door-to-door without first having obtained a permit in accordance with the provisions contained in this article. (b) Exceptions. The requirement of subsection (a) of this section is meant to apply to door-to- door solicitations for commercial transactions for profit only. The requirement of subsection (a) of this section does not apply to the following: 1) It is not meant to regulate solicitation for charitable, political, or other nonprofit purposes; provided that all sales proceeds are the property of and used by the nonprofit organization. 2) It does not apply to officers or employees of the city, county, state, or federal government, or any subdivision thereof, when on official business. 1) Bona fide charitable organizations or nonprofit corporations, but such entities must comply with O.C.G.A. § 43-17-5 to qualify for this exemption; 2) Entities or persons identified in O.C.G.A. § 43-17-9. (c) Display. Each person shall at all times while soliciting in the city carry upon his or her person the permit so issued and the same shall be exhibited by such solicitor whenever he or she is requested to do so by any police officer or by any person solicited. (d) Contents. Each permit issued shall contain: 1) The name of the solicitor; 4 2) The name and address of the person whom the solicitor is employed by or represents; 3) A photograph of the solicitor (such photograph shall be provided by the solicitor and shall be at least two inches by two inches in size); and 4) Physical description. (e) Expiration. The permit shall state the expiration date thereof. In no event shall a permit be valid for more than six months. Sec. 36-40. - Application. (a) Required; fee; contents. Application for a permit shall be made upon a form provided by the city, and shall be accompanied by the permit fee as established from time to time by the city council, as cost for investigation and regulation under this article. This fee shall be used for payment of the cost of such registration, investigation and regulation of persons subject to this article. The city police department shall have applications available on request. The applicant shall truthfully state in full the information requested on the application, to wit: 1) Name and address of present place of residence and length of residence at such address, also business address if other than present address; 2) Address of place of residence during the past three years if other than present address; 3) Age of applicant; 4) Physical description of the applicant; 5) Name and address of the person whom the applicant is employed by or represents; and the length of time of such employment or representation; 6) Name and address of employer during the past three years if other than the present employer; 7) Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage; 8) Proposed route, including streets to be included on each day, which applicant intends to follow; 9) The date, or approximate date, of the latest previous application for permit under this article, if any; 10) Whether the applicant has ever been convicted of a felony, a crime of moral turpitude, or any other violation of any state or federal law; 11) Names of magazines, books, or journals to be sold; 5 12) Names of the three most recent communities where the applicant has solicited house to house; 13) Proposed method of operation; 14) Description and license plate number of vehicle intended to be operated by applicant; 15) Signature of applicant; and 16) Social security number and date of birth of applicant. (b) Oath. All statements made by the applicant upon the application or in connection therewith shall be under oath. (c) Criminal Record. Upon application, the city’s police department shall have a complete and exhaustive search made relative to any criminal or arrest record of the applicant based upon information provided by the applicant and/or the applicant’s government-issued identification. The presence of an arrest record shall be used for investigative purposes only and shall give rise to no presumption or inference of guilt. (d) Procedure upon filing solicitation application. The city police department shall review the application to determine its compliance with the terms of this article within seven (7) business days after receipt of the same. Thereafter, the city police department shall either issue a permit to the applicant or notify the applicant that the application has been denied. Any denial of an application shall be provided to the applicant in writing, and shall specifically note the specific reasons for denial. Such notice shall be mailed to the applicant at the address shown on the application form, or at the applicant's last known address. (e) Records. The city manager shall cause to be kept in his or her office an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all permits issued under the provisions of this article, and of the denial of applications. Applications for permits shall be numbered in consecutive order as filed, and every permit issued shall be identified with the duplicate number of the application upon which it was issued. (f) Denial of a Permit. An application for a permit may be denied only for the following reasons: 1) The applicant failed to fully complete the application or failed to provide all required information; 2) The applicant gave fraudulent or untruthful information in the original application or renewal process; 3) The applicant has been convicted of or plead guilty or nolo contendere to a felony; 4) Within five years of the date of the application, the applicant has been convicted of or plead guilty or nolo contendere to a crime of moral turpitude; 6 5) Within five years of the date of the application, the applicant has been convicted or plead guilty or nolo contendere to a crime involving: a. Illegal gambling; b. Illegal possession or sale of controlled substances; c. Keeping a place of prostitution; d. Pandering; e. Pimping; f. Public indecency; g. Prostitution; h. Solicitation of sodomy; or i. Any sexual related crime. 6) The applicant has been convicted of a violation of any of the provisions of this article; or 7) The applicant has previously had a permit issued hereunder revoked as herein provided. (g) Term; renewal. A permit issued under this article shall be valid for a six-month period from the date the permit is issued. The permit may be renewed by filing a renewal application upon forms prescribed by the city, and paying a renewal fee to cover the expense of updating the investigative report. Sec. 36-41. - Revocation. (a) Any permit issued hereunder shall be revoked by the city manager if the holder of the permit is convicted of a violation of any of the provisions of this article or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a permit under the terms of this article. (b) Immediately upon such revocation, written notice thereof shall be given to the holder of the permit in person or by certified United States mail addressed to his or her residence address set forth in the application or at the applicant's last known address. (c) Immediately upon the giving of such notice the permit shall become null and void and must be turned in to the city manager's office. Sec. 36-42.- Appeals by solicitors 7 (a) A solicitor shall have the right to file an appeal to the city council for the denial of a permit or the revocation of a permit under this article. (b) If any solicitor or his company is dissatisfied with the decision of the city council upon appeal, he or she shall have the right to appeal as provided by the laws of the state. Secs. 36-43—36-60. - Reserved. DIVISION 3. - REGULATIONS Sec. 36-61. - Routes. To the extent practical, each solicitor shall identify the streets and routes which he or she will follow on each day he or she is engaged in the business of soliciting. If changes in routes are made, then such changes must be immediately reported to the city manager's office. Sec. 36-62. - Prohibited acts. (a) Fraud, misrepresentation, etc. Any licensed solicitor who shall be guilty of any fraud, cheating or misrepresentation, whether himself or herself or through an employee, while acting as a solicitor in the city, shall be deemed guilty of a violation of this article. (b) Creating nuisance. It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting if the occupant of said residence has made it clear, by written sign or otherwise, that solicitors are not invited. No person shall enter a home without the express invitation of the occupant or owner. If a "no soliciting" sign is posted, no soliciting shall occur. (c) Prolonged stay after request to leave. Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant or when the occupant indicates that he or she is not interested in purchasing the solicitor's product. (d) Entry on Private Property, Generally. If a "no soliciting" sign is posted, no handbills shall be left on the property. Irrespective of whether an individual is a solicitor, any person who distributes handbills on property containing a “no-soliciting” sign shall be in violation of this ordinance and subject to citation. (e) Solicitation outside prescribed times. It shall be unlawful to engage in soliciting between the hours of 30 minutes after sunset and 9:00 a.m. on any day. 8 Sec. 36-63.-Penalties. In addition to section 36-41 of this article, any person who violates any provision of this article shall be subject to citation and prosecution in municipal court, with a fine of up to $1,000.00 and/or imprisonment in jail for a period not to exceed 60 days or both. Secs. 36-64—36-81. - Reserved. CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 20, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Appointing a Board Member to the City of Milton Equestrian Board for District 3/Post 2. MEETING DATE: Monday, April 26, 2021 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: __________ April 26, 2021 X X X STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON EQUESTRIAN COMMITTEE BY APPOINTING A BOARD MEMBER FOR DISTRICT 3/POST 2. BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on April 26, 2021 at 6:00 p.m. as follows: SECTION 1. That Nan Buckner (District 3/Post 2) is hereby appointed commencing April 26, 2021 and ending on December 31, 2023; and SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 26th day of April 2021. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Tammy Lowit, City Clerk CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 16, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: 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 to Provide the Operation of the City of Milton, Georgia During the Public Emergency known as the Novel Coronavirus Disease 2019 Global Pandemic; to Become Effective as Stated; to Supersede the Existing Emergency Ordinance; and for Other Purposes. MEETING DATE: Monday, April 26 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X April 26, 2021 X X 1 STATE OF GEORGIA ORDINANCE NO. ________ COUNTY OF FULTON 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 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 AS STATED; TO SUPERSEDE THE EXISTING EMERGENCY ORDINANCE; AND FOR OTHER PURPOSES. WHEREAS, the Mayor and Council of the City of Milton, Georgia are charged with the protection of the public health, safety, and welfare of the citizens of the City of Milton, Georgia; and WHEREAS, Section 3.18 of the Charter of the City of Milton, Georgia empowers the Mayor and City Council to adopt an emergency ordinance to meet a public emergency affecting life, health, property, or public peace; and WHEREAS, the novel coronavirus disease 2019 (“COVID -19”) global pandemic is a public emergency affecting and threatening life, health, property, and public peace; and WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency due to COVID-19; and WHEREAS, on March 14, 2020, Governor Brian Kemp declared a statewide emergency in Georgia, describing COVID-19, and the corresponding pandemic, as a public health emergency; and WHEREAS, the Governor’s declaration has been repeatedly extended; WHEREAS, the Governor’s declaration of statewide emergency is currently set to expire on May 3, 2021; and WHEREAS, on March 16, 2020, the Mayor and City Council for the City of Milton declared via Emergency Ordinance that an emergency exists in the City of Milton based on COVID-19; and 2 WHEREAS, the City of Milton’s Emergency Ordinance has been renewed on several occasions, with the most recently adopted version of the Ordinance having been extended through and including May 8, 2021; WHEREAS, it is the intention of the City of Milton to readopt and reinstitute the Emergency Ordinance effective May 8, 2021 and extending through June 7, 2021, coterminous with the Governor’s statewide declaration of emergency; WHEREAS, the Mayor and City Council continue to find that a state of local emergency exists in Milton, due to COVID19; WHEREAS, pursuant to the powers conferred by the City of Milton’s various Emergency Ordinances, as well as those powers conferred by Section 18-25 of the Milton Code, the Mayor has issued various emergency declarations for the purpose of mitigating the impact of COVID-19 on the citizens and businesses of Milton; WHEREAS, the City Council has an interest in extending the declared state of local emergency and further extending certain enumerated Mayoral declarations to run coterminous with the period of declared local emergency; and, WHEREAS, the City Council also has an interest in providing relief to those businesses negatively affected by COVID -19. NOW THEREFORE, THE MAYOR AND COUNCIL FOR THE CITY OF MILTON HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the WHEREAS and Preamble sections, above, are hereby incorporated verbatim herein and the factual statements and findings are hereby ratified and affirmed; SECTION 2. That the Declaration of Emergency set forth in the March 20, 2020 Emergency Ordinance and the associated Proclamation of the Mayor declaring a local emergency due to COVID-19, are hereby further renewed and extended from May 8, 2021 until 11:59 p.m. on June 7, 2021; SECTION 3. That Sections 5 and 7 of the March 20, 2020 Emergency Ordinance are renewed and extended; 3 SECTION 4. That the City of Milton’s Reopening Plan was approved on May 18, 2020 and continues in full force and effect. SECTION 5. That during the term of this Emergency Ordinance City staff are empowered to unilaterally modify those internal City Council rules with respect to how the public may interact with the Council, to ensure that during the term of this Emergency Ordinance, citizens are provided enhanced flexibility on engaging with the Council. By way of example, only, this many mean that citizens may email questions or comments to the Council and those be read into the record – even if the citizen is not in physical attendance at the Council meeting. SECTION 6. That during the effective date of Emergency Ordinance, it is the expectation of the Mayor and Council that all agencies of the City will assemble live and in person to conduct City business. However, in the event that COVID-19 (either due to diagnosis or exposure of agency members) results in a quorum of agency members being unable to assemble in person, the Council does hereby authorize such agencies to meet via teleconference (virtually), with this Ordinance providing th e requisite justification for such virtual/teleconference meeting. This accommodation is to ensure that the important business of the City continues. The Chair of the pertinent agency shall confer with the Mayor as to the necessity of conducting the meeting virtually, with it anticipated that the Mayor and the Chair will come to mutual agreement on the need to conduct a virtual meeting. If there is a disagreement, the Mayor shall make the final determination. The reason for meeting virtually (i.e., COVID-19 diagnosis or quarantine resulting in the inability to assemble a quorum) shall be entered upon the minutes when the agency assembles for its virtual meeting. SECTION 7. This New Emergency Ordinance shall become effective and operational commencing May 8, 2021 and shall expire at 11:59 p.m. on June 7, 2021, and may be reenacted, extended, terminated, or amended upon affirmative action taken at a meeting of the City Council called by the Mayor or two (2) councilmembers of the City Council , and may be otherwise terminated as set forth in this paragraph. In the event that the Governor for the State of Georgia terminates the formal declaration of statewide emergency related to COVID -19, or the Governor’s statewide emergency declaration is allowed to lapse, then this New Emergency Ordinance and the City’s declaration of emergency associated therewith shall stand automatically terminated by either such event, it being the intent of the Mayor and Council that this New Emergency Ordinance shall run coterminous with the Governor’s declaration of statewide emergency. 4 SO ORDAINED this ___th day of April 2021 by the Mayor and Council of the City of Milton, Georgia. THE CITY OF MILTON, GEORGIA Joe Lockwood, Mayor Attest: Tammy Lowit, City Clerk CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 20, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Milton Tavern, LLC, 13800 GA Hwy 9, Suite 3031, Milton GA 30004. MEETING DATE: Monday, April 26, 2021 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: __________ April 26, 2021 X X X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on April 20, 2021 for the April 26th, 2021 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Milton Tavern, LLC, 13800 GA Hwy 9, Suite 3031, Milton GA 30004. ____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Milton Tavern, for consumption on premises of Wine, Malt Beverages and Distilled Spirits with Sunday Sales. Executive Summary: City of Milton Code of Ordinances Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application is submitted due to the opening of a new establishment. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Milton Tavern, LLC Contact Name: Ricky A Gerson Business Address: 13800 GA Hwy 9, Suite 3031, Milton GA 30004 Type of License: Consumption on Premises – Wine and Malt Beverages and Distilled Spirits with Sunday Sales. Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager