Loading...
HomeMy WebLinkAbout10-20-2008-Packet CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Tina D’Aversa Alan Tart Monday, October 20, 2008 Regular Council Meeting Agenda 6:00 PM INVOCATION - Tass Welch, Community Minister, Community of Christ Church 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Mayor) (Agenda Item No. 08-695) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) 5) PUBLIC COMMENT 6) CONSENT AGENDA (Agenda Item No. 08-696) 1. Approval of the Financial Statements for the period ending August 2008. (Stacey Inglis, Finance Manager) (Agenda Item No. 08-697) 2. Approval of the October 6, 2008 Regular Meeting Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 08-698) 3 Approval of the October 13, 2008 Work Session Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) 7) REPORTS AND PRESENTATIONS (None) 8) FIRST PRESENTATION (None) Page 1 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. MILTON CITY COUNCIL REGULAR MEETING AGENDA OCTOBER 20, 2008 – 6:00 PM Page 2 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 9) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATIONS (Agenda Item No. 08-699) 1. Approval of Alcohol Beverage License Application for Brooklyn Joe’s One, Inc., d/b/a Brooklyn Joe’s Pizza, Pasta and Grill at 13065 Highway 9 N, Suite 110, Milton, Georgia. The applicant is G. Brian Miller for Consumption on Premises – Wine and Malt Beverage. (Presented by Stacey Inglis, Finance Manager) (Agenda Item No. 08-700) 2. Approval of Alcohol Beverage License Application for Nan’s Sushi, LLC d/b/a Nana’s Sushi at 13020 Morris Road, Suite J, Milton, Georgia. The applicant is Kyong McLean for Consumption on Premises – Wine and Malt Beverage. (Presented by Stacey Inglis, Finance Manager) (Agenda Item No. 08-701) 3. Approval of Alcohol Beverage License Application for Elegant Food Services, LLC d/b/a Elegant Food Service at 13020 Morris Road, Milton, Georgia. The applicant is Arash Mosaeli and Alireza Hafezi for Wine and Malt Beverage. (Presented by Stacey Inglis, Finance Manager) END OF PUBLIC HEARING 10) ZONING AGENDA (Agenda Item No. 08-683) 1. ZM08-06/VC08-05 - 765 and 785 Mid Broadwell Road, To modify Condition 2.a. and 4.b.of RZ03-140 (ZM06-011 NFC), to modify the site plan and to remove the requirement that the owner dedicate to Fulton County (City of Milton) the necessary right-of-way to provide a connector road from Broadwell Road to Mid Broadwell Road prior to attaining an LDP, or as may be approved by the Director of Public Works. The applicant is also requesting a concurrent variance to reduce parking from 58 to 39 spaces (Article 18 Section 2.1). (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 08-684) 2. ZM08-07 - 12659 Itaska Walk, To modify Condition 3.a. of RZ03-156 to reduce the side set back from 10 ft. to 4 ft along the north property line and to reduce the rear set back from 20 ft. to 8 ft. (Presented by Alice Wakefield, Community Development Director) 11) UNFINISHED BUSINESS MILTON CITY COUNCIL REGULAR MEETING AGENDA OCTOBER 20, 2008 – 6:00 PM Page 3 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. (Agenda Item No. 08-686) 1. Approval of an Ordinance to Amend Chapter 6 of the Code of Ordinances of the City of Milton, To Establish the Code of Ethics for the City of Milton; To further and Incorporate the Policies and Laws of the State of Georgia Relating to Ethical Standards; To Create the Board of Ethics and Provide for Board Membership, Duties, and Responsibilities; To Provide for the Disposition of Ethics Complaints; to Ensure Compliance With Ethical Standards; To Repeal Conflicting Provisions; to Provide for Severability; to Provide for an Effective Date; and for other Purposes. (Presented by Ken Jarrard, City Attorney) 12) NEW BUSINESS (Agenda Item No. 08-702) 1. Approval of a contract between the City of Milton and Latta Enterprises for ADA Consulting for professional services. (Presented by Chris Lagerbloom, Acting City Manager) (Agenda Item No. 08-703) 2. Consideration of the Baker settlement agreement. (Presented by Ken Jarrard, City Attorney) (Agenda Item No. 08-704) 3. Approval of three multi-year zero-dollar professional Service Agreements for on-call planning and engineering services with Kimley-Horn, Street Smarts, and URS” (Presented by Dan Drake, Public Works Director) 13) MAYOR AND COUNCIL REPORTS 14) STAFF REPORTS 15) EXECUTIVE SESSION (if needed) (Agenda Item No. 08-705) 16) ADJOURNMENT City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 To: Honorable Mayor and City Council Members From- Stacey Inglis, Finance Manager Date: Submitted on October 8 for October 20, 2008 City Council Meeting Agenda Item: Financial Status Report for Period 11 - August 2008 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund During the month of August, the City collected $1,254,345 from its revenue sources. The total revenues to -date are $13,092,649. Not including the SSD funds, this is 9.51 % over the anticipated revenues for the period ending August 31, 2008. Total expenditures to -date are $12,608,033 and are 6.06% less than expected for this period of the fiscal year. Please note that the second budget amendment that was approved at the September 15, 2008 meeting was not included in the August 2008 financial reports. Capital Project Fund Expenditures within this fund continue to occur on a project -by -project basis. With a total project expenditure budget of $2,725,246, capital expenditures -to -date total $328,131. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $0 Sidewalk Replacement Fund: Balance: $47,011 City of Milton Capital Project Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2008 Original Budgeted Final Current Period Year -to -Date Amounts Budgeted Amounts Actuals Actuals REVENUES Charges for Service Host Fees Solid Waste Fees Interest Revenue Sidewalk Replacement Account Total revenues EXPENDITURES Capital Outlay Unallocated Public Safety Community Services - Public Works Community Services - Recreation & Parks Community Development Total Capital Outlay Excess of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers in from General Fund Budgeted Fund Balance Total other financing sources and uses Net change in fund balances Fund balances - beginning Fund balances - ending Variance with Final Budget - Positive (Negative) 5 '87.080 5 187,000 $ 70,280 $ 174,806 $ (12,194) 66,000 66,000 12,050 47,962 (18,038) - 9,081 9,081 - - - 47,011 47,011 253,000 $ 253,000 $ 82,331 $ 278,861 $ 25,861 10,000 $ 10,000 $ - $ - $ 10,000 173,752 173,752 5,321 241,638 (67,886) 1,842,289 2,162,039 2,315 7,004 2,155,035 120,434 120,434 - 19,870 100,564 259,021 259,021 21,088 59,819 199,402 $ 2,405,496 $ 2,725,246 $ 28,724 $ 326,131 $ 2,397,115 (2,152,496) (2,472,246) 53,607 (49,270) (2,371,254) $ 1,556,762 $ 1,556,762 $ - $ 908,111 $ (648,651) 595,734 595,734 - (595,734) 2,152,496 2,152,496 908,911 (1,244,385) - (319,750) 53,607 858,841 $ 520,124 City of Milton HotellMotel Tax Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2008 Original Final Budget Budgeted Current Period Year -to -Date Amounts Amounts Actuals Actuals REVENUES Taxes Hotel/Motel Taxes Interest Revenues Total revenues OTHER FINANCING SOURCES (USES) Transfers out to General Fund Total other financing sources and uses Net change in fund balances Fund balances - beginning Fund balances - ending Variance with Final Budget - Positive (Negative) $ 52,000 $ 52,000 S 5,250 S 50,129 $ (1,871) $ - S - $ - S 166 $ 166 52,000 $ 52,000 $ 5,250 $ 50,295 $ (1,705) (52,000) $ (52,000) $ (5,250) $ (50,129) $ 1,871 $ (52,000) $ (52,000) $ (5,250) $ (50,129) $ 1,871 966 166 $ $ - $ 165 $ 166 City of Milton Operating Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2008 Original Final Budget Budgeted Current Period Project -to -Date Amounts Amounts Actuals Actuals REVENUES Intergovernmental Revenues State Grant -Operating Cat -Indirect Interest Revenues Total revenues EXPENDITURES Current: Public Safety Community Development Total Expenditures Excess of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers in from General Fund Budgeted Fund Balance Total other financing sources and uses Net change in fund balances Fund balances - beginning Fund balances - ending Variance with Final Budget - Positive (Negative) $ 119,205 $ 119,205 $ $ - 5 (119,205) $ - $ - $ $ 68 $ 68 119,205 $ 119,205 $ $ 68 $ (119,137) $ 142,800 $ 142,800 5 - $ - $ 142,800 $ 19,000 $ 19,000 $ - $ 19,000 $ $ 161,800 $ 161,800 $ S 19,000 $ 142,800 (42,595) (42,595) (18,932) 23,663 $ 27,345 $ 27,345 $ $ $ (27,345) 15,250 15,250 (15, 250) $ 42,595 5 42,595 $ $ - $ (27,345) - - (18,932) (18,932) (18,932) $ (18,932) City of Milton Capital Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2008 Original Original & Final Variance with Budgeted Budgeted Current Period Project -to -Date Final Budget - Amounts Amounts Actuals Actuals Positive (Negative REVENUES Intergovernmental Revenues State -Capital -Direct Grant $ 793,248 $ 428,750 S - $ - $ (428,750) Interest Revenues $ - $ - $ $ 981 $ 981 Contributions & Donations - - - Totalrevenues 793,248 $ 428,750 $ $ 981 $ (427,769) EXPENDITURES Capital Outlay Unallocated $ 50,000 $ 50,000 $ - $ - $ 50,000 Public Safety 97,892 10,000 - - 10,000 Community Services - Public Works 281,000 500,000 - 385 499,615 Community Services - Recreation & Parks 70,000 70,000 - 39,365 30,635 Community Development 500,000 - - - - Total Capital Outlay $ 998,892 $ 630,000 $ - $ 39,750 S 590,250 Excess of revenues over expenditures (205,644) (201,250) (38,769) 162,481 OTHER FINANCING SOURCES (USES) Transfers in from General Fund $ 150,000 $ 150,000 $ $ $ (150,000) Budgeted Fund Balance 55,644 51,250 - 55,644 Total other financing sources and uses $ 205,644 $ 201,250 $ $ - $ (150,000) Net change in fund balances - - (38,769) (38,769) Fund balances - beginning - Fund balances - ending $ - $ - S (38,769) S (38,769) Final BudgetPositive/(Negative)Expected Rev/ExpYear-to-datePositive/(Negative)% VarianceOver/(Under)ExpectednotesREVENUESTaxes:Property Tax7,661,064 8,600,544 9,706,821 1,456,023 1,891,045 (7,815,776) 435,022 29.88% collected in Sept/OctLocal Option Sales Tax3,482,745 4,123,154 4,167,423 3,125,567 3,068,341 (1,099,082) (57,226) -1.83% 2 months in arrearsBusiness & Occ Tax555,084 650,000 650,000 637,000 577,674 (72,326) (59,326)-9.31% renewals collected in March. Used 98% for August collectionMotor Vehicle Tax336,404 400,000 413,000 344,167 456,325 43,325 112,158 32.59% currentIntangible Tax255,072 320,000 200,000 166,667 183,766 (16,234) 17,099 10.26% one month in arrearsReal Estate Transfer Tax78,593 75,198 47,000 39,167 41,414 (5,586) 2,248 5.74% one month in arrearsAlcohol Beverage Excise Tax 217,718 250,000 254,000 211,667 221,421 (32,579) 9,754 4.61% one month in arrearsFinancial Institution Tax22,465 30,000 30,000 30,000 31,924 1,924 1,924 6.41% collected in MarchPenalties & Interest0 0 36,000 36,000 58,976 22,976 22,976 63.82% currentIntergovernmental Revenue:SSD Funds Fulton County0 0 0 0 4,176,896 4,176,896 4,176,896 100.00%Licenses and Permits:Alcohol Beverage Licenses 110,465 129,500 125,000 122,500 119,755 (5,245) (2,745) -2.24% renewals collected in Nov. New licenses issued periodicallyZoning & Land Use Permits 124,954 84,000 52,000 47,667 38,358 (13,642) (9,309) -19.53% currentLand Disturbance154,218 150,000 60,000 55,000 39,387 (20,613) (15,613) -28.39% currentSign Permits8,400 8,400 8,400 7,700 8,121 (279) 421 5.47% currentBuilding Permits80,536 62,500 140,000 128,333 141,602 1,602 13,268 10.34% currentOther Non-Business Licenses 38,510 19,410 7,734 7,090 10,507 2,773 3,417 48.20% currentCharges for Service:Franchise Fees1,100,437 1,100,000 1,195,924 896,943 1,133,240 (62,684)236,297 26.34% quarterly (except GA Power)Court Admin Fees61,918 485,119 154,000 121,917 159,731 5,731 37,815 31.02%1.5 months in arrearsOther Charges for Service70,937 116,313 119,618 109,650 167,175 47,557 57,526 52.46% currentFines/Forfeitures200,961 1,070,247 554,000 438,583 431,938 (122,062) (6,645) -1.52% 1.5 months in arrearsInvestment Earnings67,956 40,000 130,000 119,167 110,382 (19,618) (8,784) -7.37% currentContributions and Donations3,462 5,000 5,000 0 18,867 13,867 18,867 100.00% currentOther27,945 13,200 44,267 40,578 5,802 (38,465) (34,776) -85.70% currentTotal revenues14,659,841 17,732,585 18,100,187 8,141,384 13,092,649 (5,007,538) 4,951,264 60.82%EXPENDITURESGeneral governmentMayor and Council262,514 396,330 688,178 630,830 552,668 135,510 (78,162) -12.39%Clerk of the Council164,613 485,602 586,991 538,075 517,824 69,167 (20,251) -3.76%City Manager542,185 365,784 424,676 389,286 376,936 47,740 (12,350) -3.17%Program Manager0 309,440 0 0 0 0 0 0.00%Legal Services220,428 180,000 180,000 135,000 190,758 (10,758) 55,758 41.30% 2 months in arrearsMunicipal Court332,251 434,805 606,570 556,023 497,005 109,565 (59,018) -10.61%Operations2,057,206 2,272,214 1,971,026 1,806,774 1,750,060 220,966 (56,714) -3.14% Finance, IT, & HRRisk Management128,097 236,030 236,030 216,361 156,536 79,494 (59,825) -27.65%Public Information278,616 82,360 180,199 165,182 164,725 15,474 (457) -0.28%Operating Reserve0 530,000 477,680 0 0 477,680 0Total General Government 3,985,908 5,292,565 5,351,3504,437,531 4,206,512 1,144,838 (231,019) -5.21%Public safety5,706,448 6,450,888 6,472,043 5,932,706 5,409,045 1,062,998 (523,661) -8.83% Admin, Police & FireCommunity Services-Public Works 1,657,099 1,753,254 1,741,731 1,596,587 1,544,025 197,706 (52,562) -3.29%Community Services-Parks & Rec 14,956 418,063 163,649 150,012 145,897 17,752 (4,115) -2.74%Economic and Community Development 940,643 1,273,886 1,423,829 1,305,177 1,302,554 121,275 (2,623) -0.20%Total expenditures12,305,054 15,188,656 15,152,602 13,422,012 12,608,033 2,544,569 (813,979) -6.06%Excess of revenues over expenditures 2,354,787 2,543,929 2,947,585 (5,280,628) 484,616 (2,462,969) 5,765,243 -109.18%OTHER FINANCING SOURCES (USES)Transfers out(386,000) (1,734,107) (2,143,857) (1,250,583) (908,111)1,235,746 342,472 -27.38%Transfers in from Hotel/Motel Tax Fund 40,966 52,000 54,000 49,500 50,129 (3,871) 629 1.27%Capital lease payment0 (711,822) (709,394) (709,394) (709,394) 0 0 0.00%TAN interest(142,690) (150,000) (148,334) (135,973) (137,137) 11,197(1,164) 0.86%Insurance proceeds2,733 0 0 0 26,955 26,955 26,955 100.00%Total other financing sources and uses (484,991) (2,543,929) (2,947,585) (2,046,450) (1,677,559) 1,270,026 368,891 -18.03%Net change in fund balances 1,869,796 0 0 (7,327,078) (1,192,943) (1,192,943) 6,134,135 -83.72%Fund balances - beginning1,869,796 1,869,796 1,869,796 1,869,796 0 0Fund balances - ending1,869,796 1,869,796 1,869,796 (5,457,282) 676,853 1,192,943 6,134,135 -112.40%Variance withExpected Rev/ExpYear-to-DateFinalBudgeted AmountsCity of MiltonGeneral FundStatement of Revenues, Expenditures, and Changes in Fund Balances - Budget and ActualFor the Period Ended August 31, 2008Prior YearActualsOriginal Budgeted AmountsActual Rev/ExpYear-to-Date The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Manager Date: Submitted on October 7 for October 20, 2008 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Brooklyn Joe’s One, Inc d/b/a Brooklyn Joe’s Pizza, Pasta and Grill CMO (City Manager’s Office) Recommendation: Approve the issuance of an Alcohol Beverage License to Brooklyn Joe’s Pizza, Pasta and Grill for consumption on the premises of wine and malt beverage. Background: City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to businesses that properly submit application for and meet all the legal requirements to hold such license. Discussion: Staff has processed the application for the following business and recommends issuance of the applicable license: Business Name: Brooklyn Joe’s One, Inc d/b/a Brooklyn Joe’s Pizza, Pasta and Grill Owner(s) Name: G. Brian Miller Business Address: 13065 Highway 9 N, Suite 110 Type of License to be Issued: Consumption on Premises – Wine and Malt Beverage Concurrent Review: Chris Lagerbloom, Acting City Manager Alice Wakefield, Director of Community Development 1 City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Manager Date: Submitted on October 7 for October 20, 2008 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Nana’s Sushi, LLC d/b/a Nana’s Sushi CMO (City Manager’s Office) Recommendation: Approve the issuance of an Alcohol Beverage License to Nana’s Sushi for consumption on the premises of wine and malt beverage. Background: City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to businesses that properly submit application for and meet all the legal requirements to hold such license. Discussion: Staff has processed the application for the following business and recommends issuance of the applicable license: Business Name: Nana’s Sushi, LLC d/b/a Nana’s Sushi Owner(s) Name: Kyong McLean Business Address: 13020 Morris Rd, Suite J Type of License to be Issued: Consumption on Premises – Wine and Malt Beverage Concurrent Review: Chris Lagerbloom, Acting City Manager Alice Wakefield, Director of Community Development 1 City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Manager Date: Submitted on October 7 for October 20, 2008 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Elegant Food Services, LLC d/b/a Elegant Food Service CMO (City Manager’s Office) Recommendation: Approve the issuance of an Alcohol Beverage License to Elegant Food Service for retail of wine and malt beverage. Background: City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to businesses that properly submit application for and meet all the legal requirements to hold such license. Discussion: Staff has processed the application for the following business and recommends issuance of the applicable license: Business Name: Elegant Food Services, LLC d/b/a Elegant Food Service Owner(s) Name: Arash Mosaeli and Alireza Hafezi Business Address: 13020 Morris Rd Type of License to be Issued: Retail – Wine and Malt Beverage Concurrent Review: Chris Lagerbloom, Acting City Manager Alice Wakefield, Director of Community Development 1 Prepared by the Community Development Department for the Mayor and City Council Meeting October 20, 2008 Page 1 of 11 PETITION NUMBER(S): ZM08-06/VC08-06 PROPERTY INFORMATION ADDRESS 765 & 785 Mid-Broadwell Road DISTRICT, LAND LOT 2/2, 1134 OVERLAY DISTRICT Crabapple Crossroads EXISTING ZONING C-1 (Community Business) Z05-072/VC05-160 EXISTING USE Retail (1,673 sq. ft.) PROPOSED USE Retail (12,800 sq. ft.) PETITIONER Sally Rich-Kolb ADDRESS 765 & 785 Mid-Broadwell Road PHONE 770-448-3860 APPLICANT’S REQUEST: 1) To modify Condition 2.a. of Z05-072 to revise the site plan; 2) To delete condition 4.b. to remove the requirement that the owner dedicate to Fulton County (City of Milton) the necessary right-of-way to provide a connector road from Broadwell Road to Mid-Broadwell Road prior to attaining an LDP, or as may be approved by the Director of Public Works; and 3) To request a concurrent variance to reduce parking from 58 to 39 spaces (Article 18.2.1). COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM08-06 – Condition 2.a. to revise the Site Plan - APPROVAL CONDITIONAL ZM08-06 – To delete Condition 4.b. - DENIAL VC08-06 – To reduce parking from 58 to 39 spaces - APPROVAL CONDITIONAL Prepared by the Community Development Department for the Mayor and City Council Meeting October 20, 2008 Page 2 of 11 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting October 20, 2008 Page 3 of 11 Revised Site Plan Received September 2, 2008 Prepared by the Community Development Department for the Mayor and City Council Meeting October 20, 2008 Page 4 of 11 Site Plan Approved by Fulton County Board of Commission December 7, 2005 Prepared by the Community Development Department for the Mayor and City Council Meeting October 20, 2008 Page 5 of 11 Conditions to by modified: 2. To the owner’s agreement to abide by the following: a. To the revised site plan received by the Department of Environment and Community Development on September 23, 2005 Community Development Department on September 2, 2008. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 4. To the owner’s agreement to abide by the following traffic requirements, dedications and improvements: b. Dedicate to Fulton County the necessary right-of-way to provide a connector road from Broadwell Road to Mid-Broadwell Road prior to obtaining a Land Disturbance Permit or as may be approved by the Director of the Department of Public Works. The location of the road is subject to the approval of the Director of the Department of Public Works. ANALYSIS AND RECOMMENDATIONS The subject site is located on the western side of Mid-Broadwell Road in the Crabapple Crossroads Overlay District near the intersection of Mid-Broadwell Road and Mayfield Road. The site is zoned C-1 (Community Business) and is approved for the development of 12,800 square feet of retail, service commercial, office and accessory uses at a density of 9,411.77 square feet per acre, pursuant to 2005Z-072/2005VC-160 NFC. The applicant’s submitted site plan shows a total of 12,800 square feet. Deletion of Condition 4.b. The existing Condition 4.b. of Z05-072, as approved by Fulton County on December 7, 2005 requires that the owner dedicate to Fulton County (City of Milton) the necessary right-of-way to provide a connector road from Broadwell Road to Mid-Broadwell Road prior to attaining an LDP, or as may be approved by the Director of Public Works. The Crabapple Community Plan is a part of the City’s Comprehensive Plan and the Transportation Master Plan. One goal of these planning studies is to create many vehicular and pedestrian connection options around the Crabapple Crossroads. The City currently has a programmed project and Federal funding with GDOT for a Mayfield to Mid Broadwell connector road. The City will look at the Crabapple area as a whole with the Comprehensive plan and the Transportation master plan and will evaluate the scope of the GDOT project with these planning studies. Prepared by the Community Development Department for the Mayor and City Council Meeting October 20, 2008 Page 6 of 11 Road classifications are based upon access and mobility. The right-of-way is based upon the road classification. A connector road at this location would provide mobility from Mid- Broadwell to Broadwell as the primary function and access to properties as a minor function. An alley is not an appropriate road classification for the purpose of this connection. Public Works provided to the applicant, a connector road layout and required right-of- way dedication incorporating existing right-of-way dedicated by Davenport Commercial property and using a portion of the community center property adjacent to an existing utility easement on the community center property. This layout included the minimum amount of right-of-way (50 feet) allowed based on classifications. Public Works recommends that the condition remain and that the 50 feet right-of-way is required. If at the completion of the Comprehensive plan and the Transportation master plan, this location is not supported, the right-of-way could be deeded back to the owner. PROPOSED ROAD LOCATION Prepared by the Community Development Department for the Mayor and City Council Meeting October 20, 2008 Page 7 of 11 PROPOSED RIGHT-OF-WAY Based on above analysis, Staff recommends DENIAL to delete Condition 4.b. of Z05-072. ZM08-06/VC08-06 – Revised Site Plan and Reduction in Parking Spaces (Article18. 2.1) The applicant’s site plan indicates a total of 39 parking spaces. The City of Milton Zoning Ordinance requires a total of 58 parking spaces (Article 18. 2.1). Staff notes that the applicant is requesting a concurrent variance to reduce the required number of parking spaces from 58 to 39 parking spaces. Based on the location of the required right-of-way on the site which limits the area to locate the parking, by granting the relief would be in harmony with the approved site plan by the Board of Commissioners and the general purpose and intent of the Zoning Ordinance and the Crabapple Crossroads Plan. Therefore, Staff recommends APPROVAL CONDITIONAL OF VC08-06. The proposed site plan is consistent with the approved site plan pursuant to Z05-072 with the same number of proposed buildings with similar locations. The most significant Prepared by the Community Development Department for the Mayor and City Council Meeting October 20, 2008 Page 8 of 11 change is the location and number of parking spaces based on the requirement to provide right-of-way as discussed above. Therefore, Staff recommends that the request to revise condition 2.a. be APPROVAL CONDITIONAL. City Arborist The site plan below depicts the specimen trees that will be affected on the site. They include the following: 26” pine 29” pine 29” pine They will need to recompense with 55 – 4” caliper hardwood trees. Prepared by the Community Development Department for the Mayor and City Council Meeting October 20, 2008 Page 9 of 11 TREE LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting October 20, 2008 Page 10 of 11 CONCLUSION Staff is of the opinion that the applicant’s request to reduce parking and revise the site plan is in harmony with the development approved by the Board of Commissioners, as well as with the general purpose and intent of the Zoning Ordinance. Therefore, Staff recommends APPROVAL CONDITIONAL of ZM08-06 to modify Condition 2.a. and the request to reduce parking, Concurrent Variance VC08-06. Based on Staff’s analysis regarding the deletion of Condition 4.b, and that it would be inconsistent with the Crabapple Crossroads Plan, Staff recommends DENIAL. Prepared by the Community Development Department for the Mayor and City Council Meeting October 20, 2008 Page 11 of 11 RECOMMENDED CONDITIONS Should the Mayor and City of Council approve this petition, the Recommended Conditions (Z05-072) should be revised to read as follows: 2. To the owner’s agreement to abide by the following: a. To the revised site plan received by the Community Development Department on September 2, 2008. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3. e. To provide 39 parking spaces (VC08-06) Prepared by the Community Development Department for the October 20, 2008, Milton City Council Meeting Page 1 of 8 PETITION NUMBER(S): ZM08-07 PROPERTY INFORMATION ADDRESS 12659 Itaska Walk DISTRICT, LAND LOT 2/2, 1136 OVERLAY DISTRICT Crabapple Crossroads EXISTING ZONING MIX (RZ03-156) EXISTING USE Single-family PROPOSED USE Single-family PETITIONER Denson McKoy ADDRESS 12659 Itaska Walk Milton, GA 30004 PHONE 770-778-2885 APPLICANT’S REQUEST: 1) To modify Condition 3.a. of RZ03-156 to reduce the side setback from 10 ft. to 4 ft along the north property line and to reduce the rear setback (perimeter of development) from 20 ft. to 8 ft. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM08-07 – APPROVAL CONDITIONAL Prepared by the Community Development Department for the October 20, 2008, Milton City Council Meeting Page 2 of 8 LOCATION MAP Prepared by the Community Development Department for the October 20, 2008, Milton City Council Meeting Page 3 of 8 Revised Site Plan Received September 4, 2008 Location of Storage Shed Prepared by the Community Development Department for the October 20, 2008, Milton City Council Meeting Page 4 of 8 Storage Building looking east Prepared by the Community Development Department for the October 20, 2008, Milton City Council Meeting Page 5 of 8 Storage Building Prepared by the Community Development Department for the October 20, 2008, Milton City Council Meeting Page 6 of 8 Condition to by modified: 3. To the owner’s agreement to the following site development considerations: a. The minimum design are: Perimeter Building Setbacks 40-foot setback along Crabapple Road 20-foot setback along remaining property lines, except 50-foot setback along the northernmost property line adjacent to AG-1 (Agricultural) zoned property except for lot #86 (12659 Itaska Walk) shall be 8 feet. 5 lots (in area designated as Rural Residential Use in Crabapple Crossroad Plan) Minimum lot size: 13,000 square feet Minimum lot width at building line: 90 feet Minimum front yard: 20 feet Minimum side yard: 10 feet except for lot #86 (12659 Itaska Walk) shall be 4 feet. Minimum side corner yard: 5 feet Minimum rear yard: 15 feet with alley access, 7 feet with non-alley access Minimum heated floor area: 2,500 square feet Analysis and Recommendation The applicant is requesting a reduction to the perimeter setback (rear) and the side yard setback for a storage shed. There is a wooden privacy fence along all the interior property lines. The adjacent property owner affected to the north (side yard) the most is in support of the applicant’s request to reduce the setbacks. The property to the east is designated as “open space” on the plat for Phase 3 of Crabapple Crossroads. It appears that there is no negative impact on the adjacent property owners and that the privacy fence provides additional screening of the building, Staff recommends APPROVAL CONDITIONAL of ZM08-06. Prepared by the Community Development Department for the October 20, 2008, Milton City Council Meeting Page 7 of 8 RECOMMENDED CONDITIONS Should the Mayor and City of Council approve this petition, the Recommended Conditions (Z03-156) should be revised to read as follows: 3. To the owner’s agreement to the following site development considerations: a. The minimum design are: Perimeter Building Setbacks 40-foot setback along Crabapple Road 20-foot setback along remaining property lines, except 50-foot setback along the northernmost property line adjacent to AG-1 (Agricultural) zoned property except for lot #86 (12659 Itaska Walk) shall be 8 feet. 5 lots (in area designated as Rural Residential Use in Crabapple Crossroad Plan) Minimum lot size: 13,000 square feet Minimum lot width at building line: 90 feet Minimum front yard: 20 feet Minimum side yard: 10 feet except for lot #86 (12659 Itaska Walk) shall be 4 feet. Minimum side corner yard: 5 feet Minimum rear yard: 15 feet with alley access, 7 feet with non-alley access Minimum heated floor area: 2,500 square feet Prepared by the Community Development Department for the October 20, 2008, Milton City Council Meeting Page 8 of 8 1 ORDINANCE NO. 2008-______ STATE OF GEORGIA COUNTY OF FULTON CITY OF MILTON ETHICS ORDINANCE AN ORDINANCE TO AMEND CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF MILTON, TO ESTABLISH THE CODE OF ETHICS FOR THE CITY OF MILTON; TO FURTHER AND INCORPORATE THE POLICIES AND LAWS OF THE STATE OF GEORGIA RELATING TO ETHICAL STANDARDS; TO CREATE THE BOARD OF ETHICS AND PROVIDE FOR BOARD MEMBERSHIP, DUTIES, AND RESPONSIBILITIES; TO PROVIDE FOR THE DISPOSITION OF ETHICS COMPLAINTS; TO ENSURE COMPLIANCE WITH ETHICAL STANDARDS; TO REPEAL CONFLICTING PROVISIONS; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED by the City Council of the City of Milton, GA while in regular session on the ____ day of October, 2008 at 6:00 p.m. as follows: WHEREAS, the Constitution of the State of Georgia, approved by the voters of the State in November of 1982, and effective July 1, 1983, provides in Article IX, Section II, Paragraph II thereof, that the General Assembly may provide by law for the self-government of municipalities; WHEREAS, O.C.G.A. § 36-35-3(a) authorizes cities to enact clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government; WHEREAS, the governing authority of the City of Milton, to wit, the Milton City Council, desires to exercise its authority in adopting this Ordinance; WHEREAS, it is essential to the proper operation of republican government that public officials be independent and impartial, that governmental decisions and policy be made in the proper channels of the governmental structure, that public office not be used for private gain other than the remuneration provided by law, and that there be public confidence in the integrity of government; WHEREAS, the attainment of one or more of these ends is impaired whenever there exists a conflict between the private interests of a City Official or an Employee and his duties as such; Formatted: Font: (Default) Arial Deleted: 2 WHEREAS, the public interest, therefore, requires that the law protect against such conflicts of interest and establish appropriate ethical standards with respect to the conduct of City Officials and Employees in situations where conflicts exist; WHEREAS, it is also essential to the proper operation of government that those best qualified be encouraged to serve the government. Accordingly, legal safeguards against conflicts of interest must be designed so as to not unnecessarily or unreasonably impede the recruitment and retention by the government of those men and women who are best qualified to serve it; WHEREAS, an essential principle underlying the staffing of our government structure is that its City Officials and Employees should not be denied the opportunity, available to all other citizens, to acquire and retain private economic interests and other interests, except where conflicts with the responsibility of such City Officials and Employees to the public cannot be avoided; WHEREAS, the purposes behind this Ordinance are shared by all republican governments – to insure that public officials be independent, impartial, and responsible to the people they represent, that governmental decisions and policies be made within the proper channels of the governmental structure, that public office not be used for personal gain, and, especially, that the public have confidence in the integrity of its government and its officials. WHEREAS, in recognition of these goals and principles, it is the policy of the Milton City Council to institute, establish, promote, and to ensure compliance with the standards of ethical conduct for all of the City of Milton’s officers and employees; and WHEREAS, it is a further policy of the City Council that the proper administration of the City of Milton’s government and the promotion and compliance with the standards of ethical conduct for the City of Milton’s officers and employees would be best served by the creation of a Board of Ethics; NOW, THEREFORE, BE IT ORDAINED AND RESOLVED BY THE CITY COUNCIL OF MILTON, GEORGIA AS FOLLOWS: ARTICLE ONE: GENERAL PROVISIONS Section One. Short Title. This Ordinance shall be known as “The City of Milton Ethics Ordinance,” and may be cited and referred to as such. Section Two. Definitions. 3 For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning provided herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. (A) “Agency” means the City Council and all other agencies, authorities, boards, commissions, committees, departments, and offices of the City, without exception. (B) “Board of Ethics” means the City of Milton Board of Ethics as formed and described herein. (C) “Business Entity” means any business of whatever nature regardless of how designated or formed, whether a sole proprietorship, partnership, joint venture, association, trust, corporation, limited liability company, or any other type of business enterprise, and whether a person acting on behalf of, or as a representative or agent of, the business entity. (D) “City Official” means the Mayor of the City of Milton, the Milton City Council, any member of a board, commission, or authority appointed by the Council, the City Manager, and any other elected or appointed officer of the City of Milton. (E) “Confidential Information” means any information that, by law or practice, is not reasonably available to the public. (F) “Council” means the Milton City Council, which includes any person who is elected to the Council and the Mayor. (G) “Employee” means all those persons employed on a regular or part-time basis by the City, as well as those persons whose services are retained to fill positions within the City government under the terms of a contract with the City. (H) “Family” means the spouse, parents, children, brothers and sisters, related by blood or marriage, cousins, aunts, and uncles of a City Official or Employee. (I) “Government or City” shall be construed to mean the City of Milton, Georgia government. (J) “Governing Authority” or “member of the Governing Authority” means the Mayor or any Councilmember of the City. (K) “Interest” means direct or indirect pecuniary or material benefit accruing to a City Official or Employee as a result of a contract or transaction which is or may be the subject of an official act or action by or with the City, except for such contracts or transactions which, by their terms and by the substance of their provisions, confer 4 the opportunity and right to realize the accrual of similar benefits to all other persons and/or property similarly situated. The term “interest” shall not include any remote interest. For purposes of this Ordinance, a City Official or Employee shall be deemed to have an interest in the affairs of: (1) His or her family; (2) Any business entity in which the City Official or Employee is a member, officer, director, employee, or prospective employee; (3) Any business entity as to which the stock, legal ownership, or beneficial ownership of a City Official or Employee is in excess of five percent (5%) of the total stock or total legal and beneficial ownership, or which is controlled or owned directly or indirectly by the City Official or Employee. (L) “Official Act” or “Official Duties” means any legislative, administrative, appointive, or discretionary act of any City Official or Employee of the City or any agency, board, authority, or commission thereof. (M) “Remote interest” means an interest of a person or entity, including a City Official or Employee, who would be affected in the same way as the general public. For example, the interest of a council member in the property tax rate, general city fees, city utility charges, or a comprehensive zoning ordinance or similar decisions is deemed remote to the extent that the council member would be affected in common with the general public. (N) “Volunteer” means a nonpaid person engaging in official City business with the approval of the governing authority. ARTICLE TWO: CODE OF ETHICS FOR MUNICIPAL SERVICE GENERALLY This Article Two is intended to adopt and incorporate herein for local enforcement the ethical standards of O.C.G.A. § 45-10-1, as it may be amended from time to time. Any person in City service shall: Section One. Put loyalty to the highest moral principles and to country above loyalty to persons, party, or government department. 5 Section Two. Uphold the Constitution, laws, and legal regulations of the United States and the State of Georgia and of all governments therein and never be a party to their evasion. Section Three. Give a full day’s labor for a full day’s pay and give to the performance of his duties his earnest effort and best thought. Section Four. Seek to find and employ more efficient and economical ways of getting tasks accomplished. Section Five. Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not, and never accept, for himself or his family, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of his governmental duties. Section Six. Make no private promises of any kind binding upon the duties of office, since an employee has no private word that can be binding on public duty. Section Seven. Engage in no business with the government, either directly or indirectly, which is inconsistent with the conscientious performance of his governmental duties. Section Eight. Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit. Section Nine. Expose corruption wherever discovered. Section Ten. Uphold these principles, ever conscious that public office is a public trust. 6 ARTICLE THREE: CODE OF ETHICS FOR CITY OFFICIALS AND DEPARTMENT DIRECTORS This Article Three is intended to adopt and incorporate herein for local enforcement the ethical standards of O.C.G.A. § 45-10-3, as it may be amended from time to time. All City Officials and Department Directors shall: Section One. Uphold the Constitution, laws, and regulations of the United States, the State of Georgia, the City of Milton, and all governments therein and never be a party to their evasion. Section Two. Never discriminate by the dispensing of special favors or privileges to anyone, whether or not for remuneration. Section Three. Not engage in any business with the government, either directly or indirectly, which is inconsistent with the conscientious performance of his governmental duties. Section Four. Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit. Section Five. Expose corruption wherever discovered. Section Six. Never solicit, accept, or agree to accept gifts, loans, gratuities, discounts, favors, hospitality, or services from any person, association or corporation under circumstances from which it could reasonably be inferred that a major purpose of the donor is to influence the performance of the member’s official duties. Section Seven. Never accept any economic opportunity under circumstances where he knows or should know that there is a substantial possibility that the opportunity is being afforded him with intent to influence his conduct in the performance of his official duties. 7 Section Eight. Never engage in other conduct which is unbecoming to a member or which constitutes a breach of public trust. Section Nine. Never take any official action with regard to any matter under circumstances in which he knows or should know that he has a direct or indirect monetary interest in the subject matter of such matter or in the outcome of such official action. ARTICLE FOUR: SPECIFIC PROVISIONS RELATED TO CONFLICT OF INTEREST TRANSACTIONS AND DISCLOSURES The following provisions related to conflict of interest transactions and disclosures are intended to supplement and elaborate upon the Code of Ethics set forth in Articles Two and Three above, as well as Section 2.15 of the Milton City Charter, and all such provisions shall be read and interpreted in accordance therewith. Section One. Compliance with Applicable Law. No City Official or Employee shall engage in any activity or transaction that is prohibited by law, now existing or hereafter enacted, which is applicable to him or her by virtue of his or her office or employment. Other provisions of law or regulations shall apply when any provisions of this Ordinance shall conflict with the laws of the State of Georgia or the United States, except to the extent that this Ordinance permissibly sets forth a more stringent standard of conduct. The laws of the State of Georgia or the United States shall apply when this Ordinance is silent. Section Two. Conflict of Interest Transactions. (A) No City Official or Employee shall engage in any business or transaction or have a financial or other monetary interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties, except consistent with the disclosure and abstention provisions set forth herein. Additionally, no City Official or Employee shall vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (B) The City of Milton shall not enter into any contract involving services or property with a City Official or Employee or with a business entity in which the City Official or an Employee has an interest. Provided that the 8 disclosure and abstention provisions set forth herein are followed, this paragraph shall not apply to the following: (1) The designation of a bank or trust company as a depository for City funds; (2) The borrowing of funds from any bank or lending institution which offers competitive rates for such loans; (3) Contracts entered into with a business which employs a consultant, provided that the consultant’s employment with the business is not incompatible with this Ordinance; (4) Contracts for services entered into with a business which is the only available source for such goods or services; and (5) Contracts entered into under circumstances that constitute an emergency situation, provided that a record explaining the emergency is prepared by the Council and submitted to the City Manager (or his/her equivalent) to be kept on file. Section Three. Financial Disclosures. Financial disclosures shall be governed by federal and state law as it may be amended from time to time, and this Ordinance shall not require any additional financial disclosure reports to be filed other than those required by federal and state law. Section Four. Zoning Application Disclosures. All disclosures with regard to zoning applications shall be governed in their entirety by the Conflict of Interest in Zoning Actions provisions contained in O.C.G.A. § 36-67A-1, et seq., as it may be amended from time to time. Section Five. Disclosures Related to Submission of Bids or Proposals for County Work or Contract. Persons submitting bids or proposals for City work who have contributed $250.00 or more to a City Official must disclose on their bid or proposal the name of the City Official(s) to whom the contribution was made and the amount contributed. Such a disclosure must also be made prior to a request for any change order or extension of any contract awarded to the person who submitted the successful bid or proposal. Section Six. Withholding of Information; Confidential Information. No City Official or Employee shall knowingly withhold any information that would impair the proper decision making of the Council or any of the City’s boards, agencies, 9 authorities, or departments. No City Official or Employee shall disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others. Section Seven. Incompatible Service. No City Official or Employee shall engage in or accept private or public employment or render service for any private or public entity, when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties, unless otherwise permitted by law and unless public disclosure is made. Except as authorized by law, no member of the City Council shall hold any other elective office or other City employment during the term for which he or she is elected. Section Eight. Unauthorized Use of Public Property. No City Official or Employee shall request or permit the unauthorized use of City- owned facilities, vehicles and equipment, including but not limited to, computers, pagers, and cellular telephones for personal benefit, convenience or profit, except in accordance with policies promulgated by the City Council and except to the extent such are lawfully available to the public. Section Nine. Political Recrimination and Activity. (A) No City Official or Employee, whether elected or appointed, shall either cause the dismissal or threaten the dismissal from any City position as a reward or punishment for any political activity. No City Official or Employee shall direct any person employed by the City to undertake political activity on behalf of such City Official or Employee, any other City Official or Employee, or any other individual, political party, group, or business organization, during such time that the Employee is required to conduct City business. This section does not prohibit incidental telephone calls, emails, letters, and other forms of communication made for the purpose of scheduling a City Official’s daily City business. (B) City Officials and Employees of the City are encouraged to exercise their right to vote, but no City Official or Employee shall make use of government time or equipment to aid a political candidate, party, or cause. No Employee shall be hired, promoted, favored, or discriminated against with respect to employment because of his or her political opinions or affiliations. (1) Seeking elective office. An Employee seeking elective office within the City may, upon declaring candidacy, either resign or submit a request in writing to the City Manager (or his/her equivalent) for a 10 leave of absence without pay from the date of his or her announcement through the duration of the campaign or announcement of the election results. In the alternative, the Employee seeking elective office within the City may continue to work for the City, provided, however, that the Employee shall not engage in election activities during his or her City working hours or with use of City equipment. If elected to office, the Employee shall immediately, upon the date of election, be separated from employment with the City upon written request and approval of the City Manager (or his/her equivalent). (2) Political campaign involvement. An Employee or City Official (except for Elected Officials) may not be involved in any political activity in his or her official capacity that would constitute a conflict of interest, including active participation in any aspect of any political campaign for any office in City of Milton Government. Nothing in this paragraph shall be construed to limit any Elected Official from supporting any candidate in an election in his/her official capacity, provided that the Elected Official does not utilize City equipment, property, or funds in support of such candidate. (3) Solicitation of contributions. An Employee or City Official (except for Elected Officials) may not knowingly solicit, accept, or receive political contributions from any person, to be used in support of or opposition to any candidate for office in the City. Section Ten. Appearance Before City Entities. No City Official or Employee shall appear on behalf of any private person other than himself or herself, his or her spouse, or his or her minor children, before any City agency, commission, authority or board. However, a member of the City Council may appear before such groups on behalf of his constituents in the course of his duties as a representative of the electorate or in the performance of public or civic obligations, provided that such member of the City Council shall comply with all internal operating rules and regulations of the particular group and shall not interfere with or delay the activities of the group. Section Eleven. Timely Payment of Debts to the City and Fiscal Responsibility. All City Officials and Employees shall pay and settle, in a timely and prompt fashion, all accounts between them and the City of Milton, including the prompt payment of all taxes and shall otherwise demonstrate personal fiscal responsibility. 11 Section Twelve. Solicitation or Acceptance of Gifts. (A) City Officials and Employees shall not accept gifts, gratuities, or loans from organizations, business concerns, or individuals with whom he or she has official relationships based upon business of the City government or with whom the City Official or Employee has knowledge that the organization, business concern, or individual is interested, directly or indirectly in any manner whatsoever, in business dealings with the City. These limitations are not intended to prohibit the acceptance of articles of negligible value which are distributed generally, nor to prohibit employees from accepting social courtesies which promote good public relations, or to prohibit employees from obtaining loans from regular lending institutions. It is particularly important that inspectors, contracting officers, and enforcement officers guard against relationships which might be construed as evidence of favoritism, coercion, unfair advantage, or collusion. (B) Consistent with the provisions set forth in Articles Two and Three and Section 12(A) above, there shall be no violation of this Ordinance in the following circumstances: (1) Meals and beverages given in the usual course of entertaining associated with normal and customary business or social functions. (2) An occasional gift from a single source of $101.00 or less in any calendar year. (3) Ceremonial gifts or awards. (4) Gifts of advertising value only or promotional items generally distributed to public officials. (5) Awards presented in recognition of public service. (6) Reasonable expenses of food, travel, lodging and scheduled entertainment for a meeting that is given in return for participation in a panel or speaking engagement at the meeting. (7) Gifts from relatives or members of the City Official or Employee’s household. (8) Awards for professional achievement unrelated to City business. 12 (9) Monetary fees or honorariums from a single source of $101.00 or less for any speaking engagement, participation in a seminar, discussion panel, or other activity which directly relates to the official duties of the City Official or Employee. (10) Courtesy tickets or free admission to educational seminars, educational or information conventions, or other similar events. Section Thirteen. Disclosure of Interest. Any member of the Council who has a financial or personal interest in any proposed legislation or action before the Council shall immediately disclose publicly the nature and extent of such interest. Any other City Official or Employee who has a financial or personal interest in any proposed legislation or action before the Council and who participates in discussion with or gives an official opinion or recommendation to the Council in connection with such proposed legislation or action shall immediately disclose publicly the nature and extent of such interest. Section Fourteen. Exemptions. This Ordinance shall not be construed to require the filing of any information relating to any person's connection with, or interest in, any professional society, labor union, or any charitable, religious, social, fraternal, educational, recreational, public service, civil or political organization, or any similar organization not conducted as a business enterprise or governmental agency, and which is not engaged in the ownership or conduct of a business enterprise or governmental agency. Section Fifteen. Abstention to Avoid Conflicts of Interest. (A) Except as otherwise provided by law, no City Official or Employee shall participate in the discussion, debate, deliberation, vote, or otherwise take part in the decision-making process on any item before him in which the City Official or Employee has a conflict of interest as set forth above. In addition, a City Official or Employee who serves as a corporate officer or member of the board of directors of a nonprofit entity may not participate in a vote or decision regarding funding by or through the City of the entity. Where the interest of a City Official or Employee in the subject matter of a vote or decision is a Remote Interest, the City Official or Employee may participate in the vote or decision and need not disclose the interest. (B) To avoid the appearance of impropriety, if any City Official or Employee has a conflict of interest or has an interest that he or she has reason to believe either violates this Ordinance or may affect his or her official acts or actions in any matter, the City Official or Employee shall immediately 13 leave the meeting room, except that if the matter is being considered at a public meeting, the City Official or Employee may remain in the meeting room. (C) In the event of a conflict of interest, the City Official or Employee shall announce his or her intent to abstain prior to the beginning of the discussion, debate, deliberation, or vote on the item, shall not participate in any way, and shall abstain from casting a vote. ARTICLE FIVE: THE BOARD OF ETHICS Section One. Composition of the Board of Ethics. There is created a Board of Ethics consisting of seven members. Each member of the Board of Ethics shall have been a resident of the City for at least one (1) year immediately preceding the date of taking office and shall remain a resident of the City while serving as a member of the Board of Ethics. Section Two. Qualifications of Members of the Board of Ethics. A person is eligible to be appointed as a member of the Board of Ethics if the person, while serving: (A) Resides in the City and is a registered voter; (B) Is not an Employee or City Official and has not been an Employee or City Official during the three (3) months immediately preceding his or her appointment, or be the spouse, parent, child, or sibling of an Employee or City Official; Section Three. Appointment Procedures. The membership of the Board of Ethics shall be appointed as follows: (A) Each Councilmember shall appoint one member who resides in his/her respective district; (B) The Mayor shall appoint one member who resides in the City at large; and (C) The City Council and Mayor shall ratify the appointments so made at a public meeting. 14 Section Four. Terms of Service. (A) Board of Ethics members shall serve terms consistent with the term of the elected official who appointed them to the Board of Ethics. Upon the expiration of a term, the expiring member shall hold office until a successor is appointed and ratified as required in Section Three. (B) No person may serve more than two (2) consecutive terms as a Board of Ethics member. (C) All appointments following the expiration of the term and all appointments made in the cases of vacancies created during a particular term shall be made by the respective Councilmember or Mayor in the same manner as provided for in Section Three within forty-five (45) days of the creation of the vacancy. If the appointing Councilmember has not made an appointment to fill a vacancy within forty-five (45) days, the Mayor shall appoint an individual from that respective district to fill the vacancy. Section Five. Organization and Internal Operating Regulations. (A) The Board of Ethics shall elect a chairperson and vice chairperson to serve for a term of one year, or until a successor is elected. (B) Members of the Board of Ethics are volunteers and shall serve without compensation. (C) The City Council shall provide meeting space for the Board of Ethics. Subject to budgetary procedures and requirements of the City, the City shall provide the Board of Ethics with such supplies and equipment as may be reasonably necessary to perform its duties and responsibilities. The City Clerk shall serve as Recording Secretary to the Board of Ethics. (D) Subject to budgetary procedures and requirements of the City, the City Attorney shall be available to assist the Board of Ethics in carrying out its responsibilities or to act as a hearing administrator, whose duties shall be limited to conducting the hearing as directed by the Board of Ethics. In the event the City Attorney has a conflict of interest in acting as a hearing administrator on a particular case, the Board of Ethics may petition the City Council for appointment of counsel on a case-by-case basis. Any such appointed counsel shall be approved by the City Council, shall perform services at an approved hourly rate, and shall serve at the joint pleasure of the Board of Ethics and the City Council. (E) The Board of Ethics shall conduct at least one meeting per quarter, which shall be on the fourth (4th) Monday of January, April, July, and October, respectively. Additionally, as deemed necessary upon call of the 15 Chairperson or a majority of the Board of Ethics, the Board of Ethics may call a special hearing. All meetings of the Board of Ethics shall be conducted in public, shall be duly publicized, and shall be otherwise conducted in accordance with the Open Meetings requirements under state law. The dates and times of the meetings as set forth herein may be altered by a majority vote of the Board of Ethics. (F) Four members of the Board of Ethics shall constitute a quorum for the transaction of business. The Chairperson shall be entitled to the same voting rights as the other members of the Board of Ethics. Section Six. Removal of Members. The City Council may remove a member of the Board of Ethics on grounds of neglect of duty or misconduct in office. Before initiating the removal of a member from the Board of Ethics, the City Council shall give the member written notice of the reason for the intended action, and the member shall have the opportunity to reply. Thereafter, the City Council shall afford such member an opportunity for a hearing before the City Council. Section Seven. Resignation of Member. If a member of the Board of Ethics decides to resign during his/her term, the member’s resignation shall be submitted in writing to the City Clerk who shall forward the resignation to the City Council, Mayor, and other members of the Board of Ethics. A resignation shall be deemed effective upon submission to the City Clerk and cannot be revoked. Section Eight . Duties and Powers. The Board of Ethics shall have the following duties and powers: (A) To establish any procedures, rules, and regulations governing its internal organization and conduct of its affairs, provided that such procedures, rules, and regulations do not conflict with any provision contained herein. (B) To receive and hear complaints of violations of standards required by this Ordinance. (C) To take such action as provided in this Ordinance as deemed appropriate because of any violation of this Ordinance. (D) To perform any other function authorized by this Ordinance. (E) To issue advisory opinions as provided in this Ordinance. 16 (F) To make recommendations to the City Council and Mayor with respect to an educational program for Employees and City Officials subject to this Ordinance, new Board of Ethics members, and the public about their rights and duties hereunder. (G) To make recommendations to the City Council and Mayor for legislative or administrative actions regarding the City’s policies and practices, which the Board believes could enhance the ethical environment in which public servants work. Section Nine. Custodian of Records. The City Clerk shall serve as legal custodian of the Board of Ethics’ records, and accept, file, maintain, and administer, in accordance with all applicable laws, any information related to the purposes of this Ordinance. Section Ten. Limitation of Liability. No member of the Board of Ethics, or any person acting on behalf of the Board of Ethics, shall be liable to any person for any damages arising out of the enforcement or operation of this Ethics Ordinance, except in the case of willful or wanton misconduct. This limitation of liability shall apply to the City, the members of the Board of Ethics, the employees of the Board of Ethics, and any person acting under the direction of the Board of Ethics. Section Eleven. Advisory Opinion. The Board of Ethics shall render an advisory opinion based on a real or hypothetical set of circumstances when requested to do so in writing by a City Official or Employee related to that City Official’s or Employee’s conduct or transaction of business. Such advisory opinions shall be rendered pursuant only to a written request, fully setting forth the circumstances to be reviewed by the Board of Ethics. The proceedings of the Board of Ethics pursuant to this section shall be held in public, and the opinions of the Board of Ethics shall be made available to the public. Section Twelve. Complaints. The Board of Ethics shall be responsible for hearing and deciding any complaints filed regarding alleged violations of this Ordinance by any person. The following procedures shall be followed when filing a complaint: (A) Any person may file a complaint alleging a violation of any of the provisions of this Ordinance by submitting it to the City Clerk. 17 (B) The complaint must be submitted on the Ethics Complaint Form adopted by the Board of Ethics. The complaint must, at a minimum, identify the specific provisions of the Ordinance alleged to be violated, must be supported by affidavits based on personal knowledge, and must show affirmatively that the affiant is competent to testify to the matters stated therein. All documents referred to in an affidavit(s) should be attached to the affidavit(s). Every ethics complaint must be signed and notarized, and shall contain the following statement: “I have read the complaint and aver that the facts contained therein are true to the best of my knowledge and belief and I am aware that the Ethics Ordinance that created the Board of Ethics authorizes the Board to impose penalties against me for filing a frivolous complaint, including without limitation, dismissal of the complaint, payment of costs and attorney’s fees associated with the handling, processing, and defense of the complaint, and/or all other penalties applicable under the law.” (C) A complaint must be filed within six (6) months of the date the alleged violation is said to have occurred, or in case of concealment or nondisclosure, within six (6) months of the date the alleged violation should have been discovered after due diligence. (D) Upon receipt of a complaint, the City Clerk shall immediately deliver the complaint to the Chair of the Board of Ethics or his/her designee for purposes of the Chair determining whether the complaint on its face satisfies the requirements of Section 12(B) and (C) above. The Chair must make such determination within five (5) business days of his/her receipt of the complaint. If the complaint does not meet the requirements set forth in Section 12(B) and (C) above, the Chair or his/her designee shall so notify the complainant in writing of the defect(s) via certified mail, return receipt requested. Thereafter, the complainant shall be afforded five (5) business days from receipt of the notification of defect to cure any defects that may be cured and re-submit the complaint. If a complaint is not re-submitted within the allotted time period, the Board of Ethics shall take no further action on the complaint. (E) Upon the determination by the Chair or his/her designee that the complaint meets the requirements of Section 12(B) and (C) above, the City Clerk shall immediately forward the complaint by certified mail, return receipt requested to the City Official or Employee against whom the complaint was filed. The City Official or Employee against whom the complaint was filed shall respond to the complaint within thirty (30) days after receipt of the complaint, unless such time for response is extended by the Board of Ethics upon good cause shown. The response of the City Official or Employee must be supported by affidavits based on personal knowledge, must set forth such facts as would be admissible in evidence, 18 and must show affirmatively that the affiant is competent to testify to the matters stated therein. All documents referred to in an affidavit(s) should be attached to the affidavit(s). The respondent shall verify the response by his or her signature thereon, which shall be notarized. (F) Within sixty (60) days of the determination by the Chair that the complaint meets the requirements of Section 12(B) and (C) above, unless such time is extended by the Board of Ethics upon good cause shown, the Board of Ethics shall convene a meeting to conduct an initial review to determine whether specific substantiated evidence from a credible source(s) exists to support a reasonable belief that there has been a violation of this Ordinance. (G) If after reviewing the complaint and response the Board of Ethics by vote determines that no specific, substantiated evidence from a credible source(s) exists to support a reasonable belief that there has been a violation of this Ordinance or determines that no violation occurred as a matter of applying the facts alleged and accepted as true to the terms of the Ordinance, the Board of Ethics may dismiss the complaint without further proceedings. In the event a complaint is dismissed pursuant to this Paragraph, the complaint may not be re-filed. (H) If the Board of Ethics determines that specific, substantiated evidence from a credible source(s) exists to support a reasonable belief that there has been a violation of this Ordinance, written notice of a hearing, containing the time, date, and place of such hearing, shall be sent to each party by the Board of Ethics by certified mail, return receipt requested, and a formal public hearing shall be conducted and both parties afforded an opportunity to be heard. (I) Any formal public hearing shall be conducted in accordance with the requirements of due process. The Board of Ethics is authorized to administer oaths and to issue subpoenas when requested to do so by the parties to the complaint. (J) Subpoenas. Any request for a subpoena made by a party to the Board of Ethics shall be made at least five (5) business days prior to the hearing date, and shall state the names and addresses for whom the subpoenas are to be issued and the date and time for the witnesses to appear. Any party requesting a subpoena shall also notify the opposing party in writing as to whom the subpoenas will be issued. A failure to provide such notification or to timely request a subpoena under this Paragraph may result in a waiver of the right to subpoena such witness 19 The Board of Ethics adopts O.C.G.A. § 45-20-9 (c), which specifies as follows: “Subpoenas shall be issued without discrimination between public and private parties. When a subpoena is disobeyed, any party may apply to the superior court of the county where the hearing is being held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. The costs of securing the attendance of witnesses, including fees and mileage, shall be computed and assessed in the same manner as prescribed by law in civil cases in the superior court. Once issued a subpoena may be quashed by the Board of Ethics or an administrative law judge if it appears that the subpoena was used primarily as a means of harassment, that the testimony or documents sought are cumulative, that the testimony or documents sought are not relevant, that the testimony or documents sought are not material, that to respond to the subpoena would be unduly burdensome, or that for other good reasons basic fairness dictates that the subpoena should not be enforced.” Each party shall be individually responsible for the costs of securing the attendance of the subpoenaed witness, including the costs of fees and mileage as applicable, and shall be individually responsible for service of the subpoena. It is intended that O.C.G.A. § 24-10-24 shall apply to require twenty-five dollars ($25.00) per diem as a witness fee for any witnesses who are not City Employees. City Employees shall not be entitled to receive a witness fee during hours in which they are being paid by the City for performance of job duties. Additionally, if a witness resides outside the City, O.C.G.A. § 24-10-24 will apply to require the twenty-five dollars ($25.00) per diem witness fee and twenty cents ($.20) per mile for travel expenses as a condition for appearance. Consistent with O.C.G.A. § 24-10-24, any subpoenas issued on behalf of the City will not require payment of the above-states fees. If applicable, O.C.G.A. § 12-10-27 shall govern issuance of subpoenas to off-duty law enforcement officers. (K) Any final determination resulting from the hearing shall include written findings of fact and conclusions of law. The Board of Ethics shall determine if clear and convincing evidence shows any violation of this Ordinance. 20 Section Thirteen. Disciplinary Action. (A) Upon a determination that an Employee has violated this Ordinance, the Board of Ethics may recommend the following penalties and actions: (1) Written warning or reprimand; (2) Suspension without pay; (3) Termination of employment; and (4) Repayment to the City of any unjust enrichment. (B) Upon a determination that a City Official has violated this Ordinance, the Board of Ethics may recommend to the Mayor and City Council the following penalties and actions: (1) Written warning, censure, or reprimand; (2) Removal from office to the extent provided by Georgia law; and (3) Repayment to the City of any unjust enrichment. (C) In addition to any other remedy provided herein, upon determination of a violation of this Ordinance, the Board of Ethics may recommend to the City Council in writing that any contract, bid, or change order that was the subject of the violation should be cancelled or rescinded. The City Council, however, shall retain the discretion to determine whether such a cancellation or rescission would be in the best interest of the City and shall not be bound in any way by a recommendation of the Board of Ethics. (D) The Board of Ethics may also forward its findings of fact and conclusions of law to the Fulton County District Attorney’s Office and/or the Office of the Governor for appropriate action. Section Fourteen. Judicial Review. (A) Any party against whom a decision of the Board of Ethics is rendered may obtain judicial review of the decision by writ of certiorari to the Superior Court of Fulton County. The application for the writ must be filed within thirty (30) days from the date of the written decision. Judicial review shall be based upon the record. No party shall be entitled to a de novo appeal. (B) Upon failure to timely request judicial review of the decision by writ of certiorari as provided in this section, the decision shall be binding and final upon all parties. 21 Section Fifteen. Ex Parte Communications. (A) After a complaint has been filed and during the pendency of a complaint before the Board of Ethics, no member of the Board of Ethics may communicate directly or indirectly with any party or other person about any issue of fact or laws regarding the complaint, except as follows: (1) The members of the Board of Ethics may obtain legal advice from the City Attorney and may discuss the complaint with any staff provided to the Board of Ethics by the City Council; and (2) The members of the Board of Ethics may discuss the complaint at a lawfully conducted meeting; and (3) If any person attempts to communicate with a Board of Ethics member regarding the pending complaint, the Board of Ethics member shall report the substance of the communication to the Board of Ethics on the public record at the next meeting or hearing of the Board of Ethics. (B) No Board of Ethics member shall undertake an independent investigation of any complaint or matter before the Board of Ethics. Section Sixteen. Confidentiality of Board of Ethics Information. No member of the Board of Ethics, nor any public servant who has access to any confidential information related to the functions or activities of the Board of Ethics, shall divulge that information to any person not authorized to have it. Section Seventeen. Wrongful Use of the Board of Ethics. The purpose of the Board of Ethics is to endeavor to maintain a high standard of ethical behavior by City Officials and Employees. This will be most effective when City Officials, Employees, and citizens work together to set and maintain high ethical standards. Complaints directed to the Board of Ethics must be based on fact and have the intent to improve the ethical climate of the City. Individuals directing unfounded, frivolous, false, or politically motivated complaints to the Board of Ethics may be subject to penalties including, but not limited to, dismissal of the complaint, public reprimand, criminal prosecution for perjury, and/or payment of costs and attorney’s fees associated with the handling and processing of the Complaint. Other penalties may be imposed by the Board of Ethics for the wrongful use of the Ethics Ordinance. 22 Section Eighteen. Wrongful Use of the Ethics Ordinance. (A) A wrongful use of the Ethics Ordinance shall occur if and when a frivolous or false complaint is filed in a negligent, reckless, or purposeful manner without a basis in law or fact and for purpose other than reporting a violation of this Ordinance. A person has not filed a frivolous complaint if he/she reasonably believes that facts exist to support the claim and either reasonably believes that under those facts the complaint is valid under this Ordinance or acts upon the advice of counsel sought in good faith and given after full disclosure of all relevant facts within his/her knowledge and information. (B) In deciding if a complaint is a “Wrongful Use of the Code of Ethics,” the Board of Ethics shall also consider the following, without limitation: (1) The timing of the complaint with respect to when the facts supporting the alleged violation became known or should have become known to the complainant, and with respect to the date of any pending election in which the respondent is a candidate or is involved with a candidacy, if any; (2) The nature and type of any publicity surrounding the filing of the complaint, and the degree of participation by the complainant in publicizing the fact that a complaint was filed with the Board of Ethics; (3) The existence and nature of any relationship between the respondent and the complainant before the complaint was filed; (4) If respondent is a candidate for election to office, the existence and nature of any relationship between the complainant and any candidate or group opposing the respondent. (5) Any evidence that the complainant knew or reasonably should have known that the allegations in the complaint were groundless; and (6) Any evidence of the complainant’s motives in filing the complaint. ARTICLE SIX: MISCELLANEOUS Section One. Severability. If any provision of this Ordinance is found by a court of competent jurisdiction to be invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is found to be invalid or unconstitutional, such invalidity or 23 unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. Section Two. Repealer. All Ordinances or parts of ordinances in conflict herewith are held repealed, including without limitation, the previously existing City of Milton Ethics Ordinance. Section Three. Effective Date. This Ordinance shall become effective immediately upon its passage by the Mayor and Council of the City of Milton. [SIGNATURES ON FOLLOWING PAGE] 24 This ______ day of _________________, 2008. CITY OF MILTON, GEORGIA BY: ____________________________ Mayor Joe Lockwood _____________________________ ___________________________ Councilmember Karen Thurman Councilmember Tina D’Aversa _____________________________ ___________________________ Councilmember Julie Zahner Bailey Councilmember Burt Hewitt _____________________________ ___________________________ Councilmember Bill Lusk Councilmember Alan Tart Attest: ______________________________ Jeanette R. Marchiafava, City Clerk Formatted: Font: (Default) Arial, Bold Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, Not Bold Formatted: Font: (Default) Arial, Not Bold Formatted: Font: (Default) Arial, Not Bold Formatted: Font: (Default) Arial, Not Bold Formatted: Font: (Default) Arial, Not Bold Formatted: Font: (Default) Arial, Not Bold Formatted: Font: (Default) Times New Roman, Not Bold Deleted: MILTON CITY COUNCIL¶ ¶ ¶ ________________________________¶ Mayor Joe Lockwood¶ ¶ ¶ ________________________________¶ Councilwoman Karen Thurman¶ ¶ ¶ ______________________ __________¶ Councilwoman Julie Zahner Bailey¶ ¶ ¶ ______________________ __________¶ Councilman William C. Lusk¶ ¶ ¶ ________________________________¶ Councilman Burt Hewitt¶ ¶ ¶ ______________________ __________¶ Councilwoman Tina D’Aversa¶ ¶ ¶ ______________________ __________¶ Councilman Alan Tart ¶ ¶ ¶ Attest:¶ ¶ ¶ ______________________________¶ Milton City Clerk City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, Acting City Manager Date: October 9, 2008 for submission onto the October 20, 2008 City Council Meeting Agenda Item: Approval of a contract between the City of Milton, Georgia and Latta Enterprises CMO (City Manager’s Office) Recommendation: Approve the contract between the City of Milton, Georgia and Latta Enterprises. Background: The City of Milton is in the unique position being a new City to address items required by the Americans with Disabilities Act proactively. Being in the middle of many planning processes, including but not limited to the Comprehensive Plan, Milton Trail, Web Site Development and facility accessibility; Milton has a wonderful opportunity to secure the professional services of an industry expert to walk us through this process. Discussion: The City of Milton seeks to be in compliance with current laws and more importantly seeks to have an open and transparent government to all persons. The scope of services attached addresses the following components: Compliance with Federal Law: • Compliance with Americans with Disabilities Act of 1990 (ADA) and other accessibility laws. o ADA Title II (State and Local Government) has specific administrative requirements. o UFAS (Uniform Federal Accessibility Standards), a forerunner of ADA from Section 504 of the Rehabilitation Act of 1973, is still utilized as a compliance standard in some facets of state government. Staff should be aware of it and how it is used. o Fair Housing Guidelines required when receiving grant funds or tax breaks for affordable housing. Creation of a Culture of Universal Accessibility: • Safe, usable access to participation in all facets of community life for all citizens and visitors in the City of Milton. • Incorporation of ADA/Accessibility into all facets of the planning, development, and operations of the City of Milton. o As a result, accessibility will be a proactive part of the City of Milton from the beginning, not a separate issue. Scope of the Need: ADA requires accessibility compliance to cover the following four areas. • Physical/structural access • Programs and services City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 • Policies and procedures • Employment ADA review for accessibility for people with disabilities must include: • Physical/mobility disabilities • Cognitive disabilities. • Communications disabilities Desired Outcomes: • Reduced risk and prevention of costly liability and litigation based on discrimination against people with disabilities. • Inclusion of people with disabilities in participation and quality of life. o From the beginning, ADA compliance and safe usable accessibility should be an integral part of the City of Milton, making it a beneficial quality environment. • Cost benefit: o Including accessibility in all planning creates efficient use of financial and other resources, at times costing no more than doing it another way. o Eliminating the need for future retrofitting will save financial resources, which can be invested in other ways. Alternatives: The only viable alternative is to not seek the assistance of a consultant at this time. Concurrent Review: Ken Jarrard, City Attorney THIS AGREEMENT ("Agreement") made this day of , 2008, by and between the City of Milton, Georgia, hereinafter called "MILTON," and Marie B. Latta d/b/a Latta Enterprises, a Georgia sole proprietorship, hereinafter called "PROVIDER." WITNESSETH For and in consideration of the mutual covenants herein contained, the Parties hereto agree as follows: SECTION A — SERVICES PROVIDER shall furnish those consulting services ("Services") to MILTON as described in Exhibit "A," which is attached hereto and incorporated herein by reference. PROVIDER hereby covenants and declares that PROVIDER is engaged in an independent business and agrees to perform the Services as an independent contractor and not as the agent or employee of MILTON. SECTION B — COMPENSATION FOR SERVICES PROVIDER shall be compensated for those Services described in Exhibit "A," except that in no event shall PROVIDER'S total compensation for Services rendered through the final termination of this Agreement exceed $25,000.00. The Services shall be provided in the manner and priority as set forth in Exhibit A, and Milton agrees to fixed disbursements of $4,166.00 per month for six months, totaling $24,966.00. Any expenses other than the fixed disbursement amounts identified above must be pre - approved in writing by the City Manager. 2. PROVIDER shall provide to MILTON or MILTON'S authorized representatives, access to any books, documents, papers, and records of the PROVIDER which are directly related to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. PROVIDER shall retain records relating to this Agreement for three years after cessation of the Service Agreement or in accord with any pertinent record retention schedules, SECTION C — TERMS AND CONDITIONS I. Standard of Care, Hold Harmless, and Indemnity: The Services shall be conducted by PROVIDER consistent with the level of care and skill ordinarily exercised by professional -class providers in the same locale acting under similar circumstances and conditions. PROVIDER shall indemnify and hold MILTON harmless from all damages or suits or actions brought against MILTON as a result of any act or failure to act by the PROVIDER, its agents, servants, or employees. 2. Deliverables: All deliverables, including, but not limited to, any and all reports, drawings, plans, designs, and specifications prepared by PROVIDER hereunder shall become MILTON'S property upon final payment for PROVIDER'S Services. PROVIDER shall retain copies of all deliverables. 3. Force Majeure: Neither party shall be responsible for damages or delays caused by Force Majeure or other events beyond the control of the other party and which could not reasonably have been anticipated or prevented. For purposes of this Agreement, Force Majeure includes, but is not limited to, adverse weather conditions, floods, epidemics, war, riot, strikes, lockouts, and other industrial disturbances; unknown site conditions, accidents, sabotage, fire loss of or failure to obtain permits, unavailability of labor, materials, fuel, or services; court orders; acts of God; acts, orders, laws, or regulations of the Government of the United States or the several states, or any foreign country, or any governmental agency. Should Force Majeure occur, the parties shall mutually agree on the terms and conditions upon which the Services may be continued, 4. Term: This Agreement shall become effective on the date signed by both Parties and be in effect for one -hundred eighty (180) days thereafter, at which time this Agreement shall terminate absolutely and with no further obligations by either Party except as set forth in Paragraph 8. At the expiration of the Term of the Agreement, the Parties may choose to renew for an additional six (6) month term. Any such renewal shall be in writing and must be executed with the same formalities as this Agreement. 5. Termination: MILTON may terminate this Agreement at any time by providing at least ten (10) days prior written notice to PROVIDER, provided that PROVIDER shall be compensated for any Services performed at MILTON'S request through the date of termination. 6. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes any and all prior written or oral agreements existing between the parties. This Agreement may be amended only by written instrument signed by each party. 7. Precedence: This Agreement shall take precedence over any inconsistent or contradictory provisions contained in Exhibit A, any purchase order, requisition, notice to proceed, or like document regarding the Services. 8. Survival: All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between MILTON and PROVIDER shall survive the completion of Services hereunder and the termination of this Agreement. 9. Governing Law: This Agreement shall be governed by, construed, and interpreted in accordance with the laws of the State of Georgia. 10. E -Verification: MILTON shall not enter into a contract for the physical performance of services within the State of Georgia, unless PROVIDER shall provide evidence on provided forms, attached hereto as Exhibits "B" and "C" that PROVIDER and PROVIDER's subcontractors are in compliance with Georgia law. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that neither PROVIDER nor PROVIDER's subcontractors employ unauthorized aliens on MILTON contracts in violation of Georgia law. By entering into a contract with MILTON, PROVIDER and PROVIDER's subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Compliance with the requirements of O.C.G.A. § 13-10- 91 and Rule 300-10-1-.02 is mandatory. PROVIDER agrees that the employee -number category designated below is applicable to PROVIDER. 500 or more employees. 100 or more employees. Fewer than 100 employees. PROVIDER agrees that, in the event PROVIDER employs or contracts with any subcontractor(s) in connection with this Agreement, PROVIDER will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. PROVIDER's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit 11B." IN WITNESS WHEREOF, the undersigned parties have hereby caused this Agreement to be duly executed on the day and year first written. MILTON by and through its Mayor, Joe Lockwood MARIE • LATTA D/B/A LATTA ENTERPRISES DATE DATE i •' Latta Enterprises: Your Accessibility Resource for ADA Compliance Marie B Latta, 6851 Roswell Rd, Atlanta GA 30328-2416 770-399-9660 *** fax 770-399-0858 *** lattapmindspring.col Professional Services Agreement between: Marie B Latta, M.Ed., Latta Enterprises 6851 Roswell Rd NE, Unit E-3 Atlanta GA 30328 ,?_ i i d The City of Milton 13000 Deerfield Parkway Building 100, A/B Milton GA30004 ti Latta Enterprises agrees to provide ADA/ Accessibility Compliance Consultant Services to the City of Milton, Georgia, for the first six months of the 2008-2009 fiscal year. Marie Latta will provide ADA compliance consultant services for the City of Milton. • Latta Enterprises, a sole proprietorship, will provide services: o At a fixed fee (See below) for a six month period. o Complete assessments for compliance and planning purposes. o Develop work as listed in scope and as identified in assessments. o Prior to end of six month period, evaluate progress and update goals for possible extension for a second six-month period. o Work will be completed by Marie B Latta, M.Ed. o Documents and materials created specifically for the City of Milton will be considered "Work for hire" and will be owned by the City of Milton. (Use of any training and educational materials owned by Marie B Latta will include @ symbol.) • The City of Milton and Latta Enterprises together have the opportunity to "Start from scratch." and build a foundation for accessibility that is sustainable into the future. o This requires knowledge, structure, and organization as well as adaptability and attention to customer service in order to meet compliance goals in the most efficient and productive way possible. Qualifications: (Also see collateral materials) • For almost seventeen years, Marie Latta has based her work on federal requirements for compliance with ADA, a civil rights law. (See federal Title 11 Latta Enterprises: Your Resource for Accessibility Compliance I ADA compliance is the responsibility of the client. Latta Enterprises provides services designed to facilitate and implement compliance with ADA. Latta Enterprises does not provide legal advise. requirements below.). Her work in a wide variety of industries has been with federal, state and local government, and private enterprise. • The operational approach provides quality customer service beyond ADA compliance. • Along with her education, professional experience since 1976, personal experience as a wheelchair user since 1993, and volunteer service since childhood; Marie Latta has the mind of an auditor and the heart for human services. You will get a straight forward operational approach needed to comply with federal law and provide barrier free participation for people with disabilities. • Latta Enterprises delivers a positive hands-on approach to compliance. o Her work, reports, and developed documents will: • Be based on ADA requirements and priorities. • Be of long term value. • Become working tools for the City of Milton. • Assessments • Assessment reports with recommendations and solutions • Advisement • Facilitation of change • Development of documents and materials • Training and education Compliance with Federal Law: • Compliance with Americans with Disabilities Act of 1990 (ADA) and other accessibility laws. o ADA Title 11 (State and Local Government) has specific administrative requirements. o UFAS (Uniform Federal Accessibility Standards), a forerunner of ADA from Section 504 of the Rehabilitation Act of 1973, is still utilized as a compliance standard in some facets of state government. Staff should be aware of it and how it is used. o Fair Housing Guidelines required when receiving grant funds or tax breaks for affordable housing. Creation of a Culture of Universal Accessibility: • Safe, usable access to participation in all facets of community life for all citizens and visitors in the City of Milton. • Incorporation of ADA/Accessibility into all facets of the planning, development, and operations of the City of Milton. o As a result, accessibility will be a proactive part of the City of Milton from the beginning, not a separate issue. Scope of the Need: ADA requires accessibility compliance to cover the following four areas. 0 Physical/structural access Latta Enterprises: Your Resource for Accessibility Compliance 2 ADA compliance is the responsibility of the client. Latta Enterprises provides services designed to facilitate and implement compliance with ADA. Latta Enterprises does not provide legal advise. • Programs and services • Policies and procedures • Employment ADA review for accessibility for people with disabilities must include: • Physical/mobility disabilities • Cognitive disabilities. • Communications disabilities Desired Outcomes: • Reduced risk and prevention of costly liability and litigation based on discrimination against people with disabilities. • Inclusion of people with disabilities in participation and quality of life. o From the beginning, ADA compliance and safe usable accessibility should be an integral part of the City of Milton, making it a beneficial quality environment. • Cost benefit: o Including accessibility in all planning creates efficient use of financial and other resources, at times costing no more than doing it another way. o Eliminating the need for future retrofitting will save financial resources, which can be invested in other ways. R�* to] -To 12011 GIN I= I ; 0 FW I =0 • ADA Title 11 (State and Local Government) outlines in its technical assistance manual the administrative requirements, a framework for developing a required evaluation and Transition Plan which can: • Form a basis for establishing a plan of action and priorities. • Lead to long term policies and procedures for proactive compliance that is integrated into all facets of City of Milton government. • Lead to long term provision of accessible services. The Americans with Disabilities Act of 1990 (ADA) is composed of five Titles: Title I Employment Title 11 State and Local Government: Title 11 has Part A and Part B. the primary focus will be on Part A, but Part B (Transportation) will also be addressed in relation to the development of a transportation plan. Title III Public Accommodations by Private Entities (Commercial sector) Title IV Telecommunications Title V Miscellaneous ADA Title 11 compliance priorities: Programs and services Policies and procedures Employment Facilities Latta Enterprises: Your Resource for Accessibility Compliance 3 ADA compliance is the responsibility of the client. Latta Enterprises provides services designed to facilitate and implement compliance with ADA. Latta Enterprises does not provide legal advise. Intent of ADA Title 11 (Marie Latta's comment): ADA Title 11 encompasses the intent of all the Titles. It meets the needs of individuals with disabilities to participate in their communities as consumers of government services (including employment) in a way that enhances quality of life. Scope: The Approach Latta Enterprises Consultant Work with the City of Milton will: • Be built on the Title II Administrative Requirements for the Americans with Disabilities Act of 1990 listed below • Be aligned with the City of Milton Mission Statement. ADA Title 11 Administrative Requirements 1. Designate an individual to oversee ADA compliance. 2. Develop grievance procedure. 3. Develop notice to the public. 4. Develop Self Evaluation Plan (multi -step administrative review of operations, programs, services, policies and procedures). 5. Develop Transition Plan (facilities and structural conditions or changes. a. List barriers that limit access. b. Outline methods to remove barriers and make facilities accessible. c. Outline compliance schedule. d. Make Transition Plan available to the public. e. Designated person responsible for Transition Plan's implementation. 6. Develop Self Evaluation and Transition Plan notebook and make available to the public. 7. Retain Self Evaluation. Develop Self Evaluation (See #4 above.) Examine the following areas carefully: 1. Each program for physical barriers. 2. Policies and procedures for exclusion, justification for exclusions. 3. Effective communication, including emergency service. 4. Policy to ensure: a. Provisions for alternative communication. b. Method for securing services, including when and where. c. Maintenance of communication equipment. 5. Emergency evacuation procedures. 6. Audio Visual material to remove offensive language. 7. Historic preservation, priority to physical access. 8. Expeditious decisions regarding alteration or undue hardship. 9. Access to public meetings for people with mobility impairments. 10. Employment practices to ensure compliance including other non-discrimination laws and requirements. Latta Enterprises: Your Resource for Accessibility Compliance 4 ADA compliance is the responsibility of the client. Latta Enterprises provides services designed to facilitate and implement compliance with ADA. Latta Enterprises does not provide legal advise. 11. Building and construction policies for compliance after January 26, 1992. 12. Measures to ensure employees are familiar with policies and practices for full participation. 13. Policies do not discriminate against former drug users. After review of policies and procedures: Analyze for: Adverse affect on participation. Policies and procedures changes requiring immediate action. Scope: The Road Map Accessibility in the City of Milton: Based on ADA priorities and identified priorities. o The systematic prioritized approach will allow work in several areas simultaneously. • Time lines will be refined based on input and identified needs. ADA Compliance Objective Priority Review policies and procedures. Immediate. October review of • Review official City of Milton web site for discrimination against people with disabilities, web site. including but not limited to: Continue P&P reviews as o Offensive language. o Statements which create risk of liability. listed or as specific priorities are identified. • Review policies and procedures as related to: o Programs and services provided by the City of Milton. o Employment. o Facilities and operations. • Methodically review policies and procedures in all departments of Milton. Develop Grievance Procedure. Immediate. October 2008 Review Comprehensive Plan that is to be submitted to Immediate. Review before GA Department of Community Affairs (GA DCA) in 2008 state deadline. 2008. Training and Education: Staff, elected officials, Milton CIT October 2008 Disability Advisory Committee. • CIT Training (Oct.) • Initial staff overview training. Initial staff training next priority • Develop and implement ongoing ADA and accessibility training program. Ongoing training development Latta Enterprises: Your Resource for Accessibility Compliance 5 ADA compliance is the responsibility of the client. Latta Enterprises provides services designed to facilitate and implement compliance with ADA. Latta Enterprises does not provide legal advise. 0 K iz�l nil I mum Fixed fee, billed at 4166.66 per month for 6 months. 251000.00 Usual expenses for travel and office are included in fee. For any unusual expenses, will get prior approval. Based on average of sixteen (16) hours per week. Option to renew for second six month period. Marie B. Latta, M.Ed. Latta Enterprises 'ME Latta Enterprises: Your Resource for Accessibility Compliance 6 ADA compliance is the responsibility of the client. Latta Enterprises provides services designed to facilitate and implement compliance with ADA. Latta Enterprises does not provide legal advise. Inspection of current physical conditions. Immediate: • City Hall (Even though Milton is currently using leased space, the city is obligated to meet the City Hall accessibility needs of its citizens. Space should Birmingham be reviewed, and any lack of accessibility should be brought to the attention of the owner. Ongoing systematic review • Trails system. • Parks and recreation areas, including undeveloped areas. • Intersections. • Sidewalks. Review Programs and Services. Long term on-going schedule Review design plans for ADA compliance before Develop methods with approval of plans. appropriate departments Advise and work with Mayor, City Council, Staff, On-going MDAC, others as needed. Develop for adoption and use: On-going • Policies and procedures • Training materials • Customer service materials • Public service announcements 0 K iz�l nil I mum Fixed fee, billed at 4166.66 per month for 6 months. 251000.00 Usual expenses for travel and office are included in fee. For any unusual expenses, will get prior approval. Based on average of sixteen (16) hours per week. Option to renew for second six month period. Marie B. Latta, M.Ed. Latta Enterprises 'ME Latta Enterprises: Your Resource for Accessibility Compliance 6 ADA compliance is the responsibility of the client. Latta Enterprises provides services designed to facilitate and implement compliance with ADA. Latta Enterprises does not provide legal advise. COUNT YK3F F0IXI.TON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.O.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with MILTON has registered with and is participating in oOrdcru| work authorization program, in accordance with the applicability provisions and deadlines The undersigned further agrees that, should itemploy orcontract with anyaubcontnxctor(s) in connection with the physical performance of services pursuant to this contract with MILTON, contractor will secure from such subcontractor(s) oioni|r« verification of compliance with 0.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Ku|o 300']0-0}-.08 in the fbnn attached hereto as Exhibit ")." Contractor further agrees to maintain records of such compliance and provide u copy of each such verification to MILTON at the time the nuboontrador(a)ioretained toperform such service. BEV/Basic Pilot Program User Identification Number BY: Authorized Officer mAgent Date (Contractor Name) Title ofAuthorized 0ficcrmAgent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE MB0iTHIS THE DAY OF 200_ Notary Public STATE OF GEORGIA COUNTY OF FULTI ON SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with D.C.G.A. § 13-10-91` stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under ocontract with (name ofcontractor) onbehalf ofMILTON has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established inO.C.G./\. § |310-91. - BBV/Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date (Subcontractor Name) Title of Authorized DfUncx or Agent of Subcontractor Printed Name ofAuthorized Officer orAgent SUBSCRIBED AND SWORN BEFORE MBONTHIS THE DAY OP ,200_ Notary Public My Commission Expires: 1 SETTLEMENT AGREEMENT This Settlement Agreement (“Agreement”) is made and entered into this 9th day of October, 2008 by and between Donald Baker and Sue W. Baker (“Bakers”) on the one hand and the City of Milton Board of Zoning Appeals (“BZA”) and the City of Milton (“City”) on the other hand. Collectively, all referenced persons and entities are referred to herein as “Parties.” WHEREAS the Bakers own property within the limits of the City of Milton at 1470 Redd Road and 1930 Redd Road; and WHEREAS the Bakers filed an application for a variance (“V07-001”) for property located at the 1470 Redd Road address consisting of 5.855 acres in Land Lot 0743, Lot No. 034 of the 2nd District of the City of Milton, Fulton County, Georgia (the “Subject Property”); and WHEREAS the BZA granted in part and denied in part the requested variance; and WHEREAS the Bakers filed in the Superior Court of Fulton County a Petition for a Writ of Certiorari seeking review of and challenging the BZA’s decisions, styled Donald and Sue W. Baker v. City of Milton Board of Zoning Appeals, Civil Action File No. 2007-CV-134515 (the “Lawsuit”); and WHEREAS the Fulton County Superior Court entered an Order on August 6, 2008 denying the requested Writ of Certiorari and entering judgment in favor of the BZA in the Lawsuit; and WHEREAS the Bakers filed an Application for Discretionary Appeal (“Application”) with the Georgia Supreme Court on September 3, 2008 seeking review of the August 6, 2008 Order of the Fulton County Superior Court; and WHEREAS the Georgia Supreme Court denied the Application on October 2, 2008; and 2 WHEREAS the Bakers, though their counsel, sent to the City a letter dated August 1, 2007 purporting to be an ante litem notice pursuant to O.C.G.A. § 36-33-5 outlining potential claims for damages the Bakers may pursue; and WHEREAS the Parties still desire and prefer a mutually agreed upon resolution of the dispute which addresses, in part, certain uses to which the Bakers’ property in the City may be put and corresponding limitations on said uses; NOW, THEREFORE, in light of the foregoing and based upon the exchange of valuable consideration by and between the Parties to this Agreement, the Parties hereby agree as follows: 1. The Bakers will be allowed to erect up to six (6) additional greenhouses (the “Additional Greenhouses”) at the Subject Property in alignment with the five (5) greenhouses existing thereon as of the date of this Agreement. To accommodate these Additional Greenhouses, the Bakers may encroach 10 feet into the front yard of the Subject Property. In no event shall these Additional Greenhouses exceed in the aggregate 14,246 square feet nor may any of the Additional Greenhouses exceed 14 feet in height. The line establishing the 'front yard' shall be as determined by the residence existing on the Subject Property as of the date of this Agreement. The addition of any future carport or other structure to the existing residence on the Subject Property shall not extend the 'front yard.' There shall be no less than 8 feet of separation between the existing greenhouse structure (which is comprised of the five (5) greenhouses presently on the Subject Property totaling approximately 23,000 square feet) and the Additional Greenhouses. 2. Further, as to the Subject Property, the Bakers are required to and agree to implement the July 11, 2007 landscape plan prepared by Garden Architects, Inc. and submitted to the City. 3. At the Bakers’ property located at the 1930 Redd Road address, the Bakers will be allowed to remove the two (2) larger greenhouses existing on the property in a 3 generally North-to-South configuration as of the date of this Agreement and may replace them with up to five (5) smaller greenhouses (the aggregate size of which will be approximately 13,250 square feet). These five (5) smaller greenhouses shall be placed in alignment with those remaining greenhouses already existing in a generally East-to-West configuration on the property as of the date of this Agreement. 4. The BZA and the City agree that the additional greenhouses permitted by paragraphs 1 and 3 above to be erected shall be exempt from review by the City of Milton Design Review Board (“DRB”) as would otherwise be required by that portion of the City of Milton Zoning Ordinance known as the “Northwest Fulton Overlay Zoning District,” as amended from time to time (the “Northwest Overlay”). Except as described in the preceding sentence, this accommodation shall not affect or be deemed a waiver of any other rule or regulation that may otherwise be applicable to any greenhouses to be erected, including any other rule, regulation, or requirement of the Northwest Overlay. 5. Each of the respective Parties to this Agreement hereby mutually releases and forever discharges each of the other Parties to this Agreement and all of such Parties’ successors, assigns, agents, affiliates, officers, directors, employees, representatives, insurers, and attorneys of and from any and all claims, debts, liabilities, demands, obligations, damages, costs, expenses, attorneys’ fees, actions and causes of action, of every nature, character and description, known or unknown, which any of the respective Parties to this Agreement now own or hold, or may have at any time heretofore owned or held, or may at any time own or hold against any other Party to this Agreement with respect to the Lawsuit, including any and all claims identified in that letter to the City from the Bakers’ attorney dated August 1, 2007. The benefits of this Agreement and the Release specifically extend to any and all actions taken by any BZA members as representatives of the City as well as any other representative or agent of the City. This Agreement does not restrict any Party or any of their assignees from enforcing this Agreement. 4 6. This Agreement sets forth all and is intended to be an integration of all of the covenants, promises, agreements, warranties, and representations among the Parties hereto, and, other than as expressly set forth herein, there are no covenants, promises, agreement, warranties, representations, or other understandings, oral or written, express or implied, among them relating to any and all disputes that exist or might exist between the parties. This Agreement constitutes the entire agreement between the Parties. 7. This Agreement represents the compromise of doubtful claims and is not an admission of liability by any Party. 8. This instrument may be executed in separate counterparts and shall become effective when such separate counterparts have been exchanged among the parties. 9. No presumption against or in favor of any person or party shall apply due to the drafting of this document. 10. This Agreement shall be governed by the substantive and procedural laws of the State of Georgia. Any suit brought to enforce any provisions of this Agreement must be brought in the courts of the State of Georgia. 11. Each of the Parties and each of the undersigned individuals hereby warrant to the other Parties that the undersigned have the authority to execute this Agreement and to bind the respective Parties to this Agreement. 12. A facsimile transmission of this Agreement shall be as valid as if the original, and the undersigned hereby stipulate that each signature hereon shall be deemed to be an “electronic signature” within the meaning of the Georgia Electronic Records and Signature Act, O.C.G.A. § 10-12-1 et seq. REVIEWED, APPROVED, AND ACCEPTED BY: [Signatures on Following Page] 5 DATED: October ___, 2008 . ____________________________________ DONALD BAKER ____________________________________ SUE W. BAKER Approved by: _______________________________ CHARLES I. POLLACK Segal, Fryer, Schuster & Lester, P.C. Attorney for Plaintiffs DATED: October ___, 2008 . By: _______________________________ On Behalf of the CITY OF MILTON BOARD OF ZONING APPEALS and the CITY OF MILTON Its:____________________________ Approved by: _______________________________ KELLY MICHAEL HUNDLEY Henderson & Hundley, P.C. Attorney for Defendants City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Dan Drake, Public Works Director Date: October 9, 2008 for the October 20, 2008 Council meeting Agenda Item: “Approval of three multi-year zero-dollar professional Service Agreements for on-call planning and engineering services with Kimley-Horn, Street Smarts, and URS” Recommendation: The Staff recommends the City execute Professional Service Agreements with Kimley-Horn and Associates, Street Smarts, and URS Corporation. Background: The City of Milton opened a Request for Qualifications (RFQ) for planning and engineering consultants on June 5, 2008. The City technically evaluated 26 responses to the RFQ and shortlisted to six firm. Kimley-Horn, Street Smarts, and URS were selected for on call planning and engineering services based upon their qualifications. The objective of these five year contract is to have professionals and consultants available for small or large engineering and planning tasks/projects. Discussion: The work to be completed under this Agreement (the “Work”) is referenced in the original RFQ 08-001 that was issued by the City of Milton Public Works Department on June 5, 2008. The Consultant’s original response to the RFQ is attached in Exhibits E of the attached contracts. The attached Exhibits C of the attached contracts contain rates for compensation that City staff negotiated with the Consultants based upon raw hourly rates, audited overhead rates and a set profit percentage. Each contract is for zero dollars. Individual project work will be defined by task orders. All task orders are subject to the terms and conditions of these three master agreements. Task Orders shall serve as authorization by the City of Milton to (“Consultant”) to perform the services described therein. Task orders will be signed by both the City of Milton and the Consultant. Task orders greater than $50,000 will be brought before City Council for approval. Attachments: Professional Services Agreement for Kimley-Horn and Associates Professional Services Agreement for Street Smarts Professional Services Agreement for URS Corporation Concurrent Review: Legal Review – Paul Higbee, Jarrard & Davis – October 9, 2008 RFQ 08-001 Kimley-Horn This is the Standard Professional Services Agreement of the City of Milton. Any consultant doing business with the City must enter into this Agreement. PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is effective as of this_____ day of _____________, 2008, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Council of the City of Milton (“City"), and Kimley-Horn and Associates, Inc, a Georgia Corporation, ("Consultant"), collectively referred to as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain Consultant to provide certain services generally described as general engineering and planning services as requested by the City by Task Order (the “Work”); and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work contemplated under this Agreement; and WHEREAS, the Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, the Consultant desires to perform the Work under the terms and conditions set forth in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and NOW, THEREFORE, the Parties hereto do mutually agree as follows: A. Project Description General engineering and planning services as requested by the City by Task Order. B. The Work The Work to be completed under this Agreement (the “Work”) is referenced in the original RFQ 08-001, attached to this agreement by reference (issued by the City of Milton Public Works Department on June 5, 2008) and the Consultant’s original response as attached in 2 2 Exhibit E. C. Schedule, Completion Date, and Term of Agreement The term of this Agreement shall be from the date of execution until December 31, 2008, unless terminated earlier as provided for herein. This Agreement shall automatically renew on January 1, 2009 and on January 1 of each year thereafter absent written notice of non-renewal provided by the City to the Consultant at least sixty (60) days prior to December 31, 2008 or December 31 of any then current renewal term thereafter, provided that this Agreement shall terminate absolutely and without further obligation on the part of the City on December 31 of each year. This Agreement shall terminate absolutely and without any further obligation on the part of the City on September 30th 2013. Title to any supplies, materials, equipment or other personal property shall remain the Consultants’ until fully paid for by the City. Notwithstanding any other provision of this Agreement, the Consultant shall not have liability for or be deemed in breach because of delays caused by any factor outside of its reasonable control, including but not limited to natural disasters, adverse weather, or acts of the Client, third parties, or governmental agencies. II. WORK CHANGES A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. C. The City Manager has authority to execute without further action of the City of Milton Mayor and 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 total amount to be paid under this Agreement, as set forth in Section III(B) below. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000 must be approved by resolution of the City of Milton Mayor and Council. III. COMPENSATION AND METHOD OF PAYMENT 3 3 A. City agrees to pay the Consultant for City approved services performed and costs incurred by Consultant upon certification by the City that the services were actually performed and costs actually incurred in accordance with the Agreement. “Task Orders” will be issued to the Consultant stating City requirements for each task requested of Consultant by the City pursuant to this Agreement. Task Orders will be addendums to this Agreement and will be on the form provided by the City. Compensation for services performed and reimbursement for costs incurred shall be paid to the Consultant upon receipt and approval by the City of invoices setting forth in detail the services performed and costs incurred. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handle through change orders as described in Section II above. The City shall pay the Consultant within thirty (30) days after approval of the invoice by City staff. B. The compensation for services performed shall be based upon specified rates documented in Exhibit C. C. Reimbursement for costs incurred shall be limited as follows. Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail charges, photocopying time shall be at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall also be at cost. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. B. Budgetary Limitations Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principles 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 principals of Consultant’s profession and industry, Consultant will give written notice immediately to the City. C. City’s Reliance on the Work 4 4 The Consultant acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Consultant and that, therefore, the City bears no responsibility for Consultant’s services performed under this Agreement. The Consultant acknowledges and agrees that the acceptance of designs, plans, and specifications by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant’s performance. Consultant further agrees that no approval of designs, plans, or specifications by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. D. Consultant’s Reliance of Submissions by the City Consultant must have timely information and input from the City in order to perform the services required under this Agreement. Consultant is entitled to rely upon information provided by the City, but Consultant shall be required to provide immediate written notice to the City if Consultant knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. E. Consultant’s Representative Need Name Here shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative. F. Assignment of Agreement The Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved sub Consultants, the Consultant shall be solely responsible for reimbursing them and the City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, to the extent caused by the willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub Consultant, anyone directly or indirectly employed by the Consultant or sub Consultant or anyone for whose acts the Consultant or sub Consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. 5 5 Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub Consultant, anyone directly or indirectly employed by the Consultant or sub Consultant or anyone for whose acts the Consultant or sub Consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub Consultant under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. H. Independent Consultant Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent Consultant and not as the agent or employee of the City. The Consultant agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Consultants, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and sub Consultants during the life of this Agreement. Any provisions of this Agreement that may appear to give the 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 the City with regard to the results of such services only. I. Insurance (1) Requirements: The 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 the Consultant, its agents, representatives, employees or sub Consultants. All policies shall be subject to approval by the City Attorney 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 limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per 6 6 occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the 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 per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. 7 7 (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VII. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance 8 8 policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) SubConsultants: Consultant shall include all sub Consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub Consultant. All coverage for sub Consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (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. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. J. Employment of Unauthorized Aliens Prohibited It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “A” and “B” that it and Consultant’s sub Consultants have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Consultant’s and Consultant’s sub Consultants’ verification process to determine that the verification was correct and complete. The Consultant and Consultant’s sub Consultants shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant’s sub Consultants employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and Consultant’s sub Consultants agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Consultant or Consultant’s sub Consultants are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Consultant to terminate or require its sub Consultant to terminate that person’s employment immediately and to report same to the 9 9 Department of Homeland Security. The Consultant’s failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Consultant shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Consultant agrees that the employee-number category designated below is applicable to the Consultant. __X__ 500 or more employees. _____ 100 or more employees. _____ Fewer than 100 employees. Consultant agrees that, in the event the Consultant employs or contracts with any sub Consultant(s) in connection with this Agreement, the Consultant will secure from the sub Consultant(s) such sub Consultant(s’) indication of the above employee-number category that is applicable to the sub Consultant. Consultant’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10- 1-.02 shall be attested by the execution of the Consultant’s affidavit attached as Exhibit “A.” 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) Records shall be established and maintained by the Consultant in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs 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. 10 10 (2) Reports and Information: Upon request, the Consultant shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Consultant will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. L. Conflicts 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. M. Confidentiality Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its sub Consultants, consultants, and/or staff to likewise protect such confidential information. The Consultant agrees that confidential information it 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 the City. The Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. N. Compliance with Laws Regulating Illegal Aliens The United States Congress enacted the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, which required the former Immigration and Naturalization Service (now the Department of Homeland Security) to establish a system for verifying the immigration status of non-citizen applicants for, and recipients of, certain types of federally funded benefits, and to make the system available to Federal, State, and local benefit-issuing agencies and institutions that administer such benefits. The Consultant covenants and declares that it is enrolled in the Basic Employment Verification Pilot Program, and that it has verified the employment eligibility of all its employees utilizing such program. Consultant shall likewise require all sub Consultants or sub- consultants to verify the employment eligibility of all their respective employees utilizing the 11 11 Basic Employment Verification Pilot Program. Consultant shall provide documentation prior to commencing work under this Agreement, in a form acceptable to the City, affirming the Consultant’s compliance with this Section. O. Licenses, Certifications and Permits The Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Consultant by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. P. Key Personnel All of the individuals identified in Exhibit “D” are necessary for the successful prosecution 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 “D”, without written approval of the City. Consultant recognizes that the composition of this team was instrumental in the City’s decision to award the work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for the 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 section shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination. Consultant shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Consultant shall be solely responsible for any such sub Consultants in terms of performance and compensation. Q. Authority to Contract The Consultant covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. R. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Consultant (“materials”) shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Consultant or sub Consultant upon completion or termination of the work shall be delivered immediately to the City. The Consultant assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. 12 12 The Client acknowledges the Consultant’s design documents, including electronic files, are instruments of professional service. Nevertheless, the final design documents prepared under the Agreement shall become the property of the Client upon completion of the services and payment in full of all monies due to the Consultant. Any modifications made by the Client to any of the Consultant’s documents, or any use, partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the Client’s sole risk and without liability to the Consultant. V. COVENANTS OF THE CITY A. Right of Entry The City shall provide for right of entry for Consultant and all necessary equipment to City facilities described in any Task Order, in order for Consultant to complete the Work. B. City’s Representative Sara Leaders shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative. VI. TERMINATION A. The City shall have the right to terminate this Agreement for any reason whatsoever by providing written notice thereof at least five (5) calendar days in advance of the termination date. The Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of the City’s failure to pay the Consultant within thirty (30) days of Consultant providing the City with notice of a delinquent payment and an opportunity to cure. B. Upon termination, City shall provide for payment to the Consultant for services rendered and expenses incurred prior to the termination date. C. Upon termination, the Consultant shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Consultant in performing this Agreement, whether completed or in process, in the form specified by the City. D. The rights and remedies of the City and the Consultant provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. NO PERSONAL LIABILITY 13 13 No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. VIII. ENTIRE AGREEMENT This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. IX. 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. X. APPLICABLE LAW If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. XI. CAPTIONS AND SEVERABILITY The caption or headnote on articles or sections of this Agreement are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed and the remainder of this Agreement shall remain in full force and effect to the extent possible. XII. BUSINESS LICENSE Prior to commencement of the services to be provided hereunder, Consultant shall apply 14 14 to the City for a business license, pay the applicable business license fee, and maintain said business license during the term of this Agreement. XIII. NOTICES A. Communications Relating to Daily Activities All communications relating to the day-to-day activities of the Work shall be exchanged between Sara Leaders for the City and Need Name Here. for the Consultant. B. Official Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107f Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Kimley-Horn 817 West Peachtree Street, NW The Biltmore, Suite 601 Atlanta, GA 30308 XIV. WAIVER OF AGREEMENT The City’s failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. XV. SOVEREIGN IMMUNITY Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. XVI. FORCE MAJEURE 15 15 Neither the City nor Consultant shall be liable for their respective non-negligent or non- willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. IN WITNESS WHEREOF the City and the Consultant have executed this Agreement effective as of the date the City Manager executes this Agreement on behalf of the City. [SIGNATURES ON FOLLOWING PAGE] 16 16 Approved as to form: _______________________________ City Attorney CONSULTANT: ___________________________________ By: _____________________________ Its: _____________________________ [CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ CITY OF MILTON: ___________________________________ By: _____________________________ Its: _____________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ 17 17 EXHIBIT “A” STATE OF GEORGIA CITY OF MILTON CONSULTANT AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any sub Consultant(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, Consultant will secure from such sub Consultant(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Sub Consultant Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit “1.” Consultant further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the sub Consultant(s) is retained to perform such service. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Consultant Name) _________________________________________ Title of Authorized Officer or Agent of Consultant _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ ________________________________________ Notary Public My Commission Expires: ___________________ 18 18 EXHIBIT “B” STATE OF GEORGIA CITY OF MILTON SUBCONSULTANT AFFIDAVIT: COOPER CONSULTING COMPANY By executing this affidavit, the undersigned sub Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of Consultant) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Sub Consultant Name) _________________________________________ Title of Authorized Officer or Agent of Sub Consultant _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ _________________________________________ Notary Public My Commission Expires: _________________________________________ 19 19 EXHIBIT “B” CONTINUED STATE OF GEORGIA CITY OF MILTON SUBCONSULTANT AFFIDAVIT: BLEAKLY ADVISORY GROUP By executing this affidavit, the undersigned sub Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of Consultant) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Sub Consultant Name) _________________________________________ Title of Authorized Officer or Agent of Sub Consultant _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ _________________________________________ Notary Public My Commission Expires: _________________________________________ 20 20 EXHIBIT “B” CONTINUED STATE OF GEORGIA CITY OF MILTON SUBCONSULTANT AFFIDAVIT: SYCAMORE CONSULTING By executing this affidavit, the undersigned sub Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of Consultant) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Sub Consultant Name) _________________________________________ Title of Authorized Officer or Agent of Sub Consultant _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ _________________________________________ Notary Public My Commission Expires: _________________________________________ 21 21 EXHIBIT “B” CONTINUED STATE OF GEORGIA CITY OF MILTON SUBCONSULTANT AFFIDAVIT: JFS CONSULTING By executing this affidavit, the undersigned sub Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of Consultant) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Sub Consultant Name) _________________________________________ Title of Authorized Officer or Agent of Sub Consultant _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ _________________________________________ Notary Public My Commission Expires: _________________________________________ 22 22 EXHIBIT “B” CONTINUED STATE OF GEORGIA CITY OF MILTON SUBCONSULTANT AFFIDAVIT: DUNCAN ASSOCIATES By executing this affidavit, the undersigned sub Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of Consultant) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Sub Consultant Name) _________________________________________ Title of Authorized Officer or Agent of Sub Consultant _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ _________________________________________ Notary Public My Commission Expires: _________________________________________ 23 23 EXHIBIT “B” CONTINUED STATE OF GEORGIA CITY OF MILTON SUBCONSULTANT AFFIDAVIT: EDWARDS-PITMAN ENVIRONMENTAL By executing this affidavit, the undersigned sub Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of Consultant) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Sub Consultant Name) _________________________________________ Title of Authorized Officer or Agent of Sub Consultant _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ _________________________________________ Notary Public My Commission Expires: _________________________________________ 24 24 EXHIBIT “B” CONTINUED STATE OF GEORGIA CITY OF MILTON SUBCONSULTANT AFFIDAVIT: STREET SMARTS By executing this affidavit, the undersigned sub Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of Consultant) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Sub Consultant Name) _________________________________________ Title of Authorized Officer or Agent of Sub Consultant _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ _________________________________________ Notary Public My Commission Expires: _________________________________________ 25 25 EXHIBIT “B” CONTINUED STATE OF GEORGIA CITY OF MILTON SUBCONSULTANT AFFIDAVIT: UNITED CONSULTING By executing this affidavit, the undersigned sub Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of Consultant) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Sub Consultant Name) _________________________________________ Title of Authorized Officer or Agent of Sub Consultant _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ _________________________________________ Notary Public My Commission Expires: _________________________________________ 26 26 EXHIBIT “B” CONTINUED STATE OF GEORGIA CITY OF MILTON SUBCONSULTANT AFFIDAVIT: KCI TECHNOLOGIES By executing this affidavit, the undersigned sub Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of Consultant) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Sub Consultant Name) _________________________________________ Title of Authorized Officer or Agent of Sub Consultant _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ _________________________________________ Notary Public My Commission Expires: _________________________________________ 27 27 EXHIBIT “C” Rates for Compensation The Table below provides the negotiated rates for this agreement. X:\Public Works\Admin\OnCall\Kimley Horn\Kimley horn Hourly Rates_100908 10/9/20083:09 PM TABLE 1: HOURLY LABOR RATES BY FIRM, BY JOB CLASS, BY YEAR FIRM JOB CLASS LOOKUP 2008 2009 2010 2011 2012 2013 1 KHA Principal KHA:Principal 282.08$ 291.95$ 302.17$ 312.74$ 323.69$ 335.02$ 2 KHA PrjMgr KHA:PrjMgr 204.42$ 211.58$ 218.98$ 226.65$ 234.58$ 242.79$ 3 KHA SrEngr KHA:SrEngr 195.26$ 202.10$ 209.17$ 216.49$ 224.07$ 231.91$ 4 KHA SrPlanner KHA:SrPlanner 143.66$ 148.69$ 153.89$ 159.28$ 164.85$ 170.62$ 5 KHA Planner KHA:Planner 103.95$ 107.59$ 111.35$ 115.25$ 119.29$ 123.46$ 6 KHA Engineer KHA:Engineer 115.66$ 119.71$ 123.90$ 128.24$ 132.73$ 137.37$ 7 KHA Tech KHA:Tech 115.53$ 119.57$ 123.75$ 128.09$ 132.57$ 137.21$ 8 KHA Admin KHA:Admin 59.43$ 61.51$ 63.66$ 65.89$ 68.19$ 70.58$ 9 KHA Landscape KHA:Landscape 136.27$ 141.04$ 145.98$ 151.09$ 156.38$ 161.85$ 10 SS Principal SS:Principal 182.71$ 189.10$ 195.72$ 202.57$ 209.66$ 217.00$ 11 SS PrjMgr SS:PrjMgr 133.47$ 138.14$ 142.97$ 147.98$ 153.16$ 158.52$ 12 SS SrEngr SS:SrEngr 110.71$ 114.58$ 118.59$ 122.74$ 127.04$ 131.48$ 13 SS SrPlanner SS:SrPlanner 147.82$ 152.99$ 158.35$ 163.89$ 169.62$ 175.56$ 14 SS Planner SS:Planner 87.33$ 90.38$ 93.55$ 96.82$ 100.21$ 103.72$ 15 SS Engineer SS:Engineer 95.52$ 98.87$ 102.33$ 105.91$ 109.61$ 113.45$ 16 SS Tech SS:Tech 73.12$ 75.67$ 78.32$ 81.06$ 83.90$ 86.84$ 17 SS Admin SS:Admin 56.82$ 58.81$ 60.87$ 63.00$ 65.21$ 67.49$ 18 SS InstrOp SS:InstrOp 41.22$ 42.66$ 44.15$ 45.70$ 47.30$ 48.95$ 19 SS PartyChf SS:PartyChf 59.34$ 61.41$ 63.56$ 65.79$ 68.09$ 70.47$ 20 SS SPM SS:SPM 94.71$ 98.03$ 101.46$ 105.01$ 108.69$ 112.49$ 21 UC PrjMgr UC:PrjMgr 177.74$ 183.96$ 190.40$ 197.06$ 203.96$ 211.10$ 22 UC SrEngr UC:SrEngr 126.16$ 130.57$ 135.15$ 139.88$ 144.77$ 149.84$ 23 UC Engineer UC:Engineer 72.80$ 75.34$ 77.98$ 80.71$ 83.53$ 86.46$ 24 UC SrTech UC:SrTech 87.74$ 90.81$ 93.98$ 97.27$ 100.68$ 104.20$ 25 UC Tech UC:Tech 71.63$ 74.14$ 76.73$ 79.42$ 82.20$ 85.08$ 26 UC SUE UC:SUE 99.61$ 103.09$ 106.70$ 110.44$ 114.30$ 118.30$ 27 UC Lab UC:Lab 93.48$ 96.75$ 100.14$ 103.64$ 107.27$ 111.03$ 28 UC FM UC:FM 54.98$ 56.90$ 58.89$ 60.96$ 63.09$ 65.30$ 29 UC Admin UC:Admin 55.83$ 57.78$ 59.81$ 61.90$ 64.06$ 66.31$ 30 Syc Principal Syc:Principal 162.54$ 168.23$ 174.12$ 180.21$ 186.52$ 193.05$ 31 Syc PrjMgr Syc:PrjMgr 100.47$ 103.99$ 107.63$ 111.39$ 115.29$ 119.33$ 32 Syc Admin Syc:Admin 66.98$ 69.32$ 71.75$ 74.26$ 76.86$ 79.55$ 33 Blk Principal Blk:Principal 124.16$ 128.51$ 133.00$ 137.66$ 142.48$ 147.46$ 34 Blk SrPlanner Blk:SrPlanner 55.63$ 57.58$ 59.59$ 61.68$ 63.84$ 66.07$ 35 EP Principal EP:Principal 194.89$ 201.71$ 208.77$ 216.08$ 223.64$ 231.47$ 36 EP PrjMgr EP:PrjMgr 118.79$ 122.95$ 127.25$ 131.71$ 136.32$ 141.09$ 37 EP SrEngr EP:SrEngr 101.51$ 105.07$ 108.75$ 112.55$ 116.49$ 120.57$ 38 EP SrPlanner EP:SrPlanner 80.03$ 82.83$ 85.73$ 88.73$ 91.83$ 95.05$ 39 EP Planner EP:Planner 65.59$ 67.89$ 70.26$ 72.72$ 75.27$ 77.90$ 40 EP Engineer EP:Engineer 59.61$ 61.70$ 63.86$ 66.09$ 68.40$ 70.80$ 41 EP Tech EP:Tech 39.26$ 40.64$ 42.06$ 43.53$ 45.06$ 46.63$ 28 28 EXHIBIT “D” KEY PERSONNEL Key personnel for this agreement are: 1. Ed Ellis, Kimley-Horn, Project Manager 2. Gary Newton, Kimley-Horn, Design Lead 3. Faye DiMassimo, Kimley-Horn, Planning Lead 4. Kristine Hansen-Dederick, Sycamore Consulting, Public Involvement Lead 29 29 EXHIBIT “E” Kimley-Horn RFQ Proposal DELETE A.1 AND REPLACE WITH: A.1 n ! City of Milton CITY OF MILTON REQUEST FOR STATEMENT OF QUALIFICATIONS (THIS IS NOT AN ORDER) RFQ Number: RFQ Title: 08-001 PROFESSIONAL ENGINEERING AND PLANNING SERVICES RFQ Due Date and Time: Public Works Department July 10, 2008 Number of Pages: 47 Local Time: 2:00pm Milton, Ga. 30404 ISSUING DEPARTMENT INFORMATION Issue Date: June 5, 2408 City of Milton Name of Company Public Works Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107G Fax: 678-242-2499 Milton, Ga. 30404 Website: www.city4miltongam INSTRUCTIONS TO OFFERORS Return Submittal to: Mark Face of Envelope/Package: Kimley-Horn and Associates, Inc. Name of Company City of Milton Phone Number and Point of Contact for Company Attn: Rick Pearce, Purchasing Otfice RFQ # 08-001 13000 Deerfield Pkwy Due date: July 10, 2008 CO) 2:40 P.M. Eastern Time Suite 107G Offeror FAX Number: Special Instructions: Milton, Ga. 30004 Offeror Federal I.D. Number: Deadline for Written Questions 56-0885615 June, 13, 2008 C 5:OOPM OFFERORS MUST RETURN THIS SHEET WITH RFQ RESPONSE Pre -Submittal Conference June 17, 2008 @ 2:OOPM Location: Milton City Hall Council Chambers/Court Room IMPORTANT: SFE STANDARD TERMS AND CONDITIONS OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: Kimley-Horn and Associates, Inc. 817 West Peachtree Street, NW The Biltmore, Suite 501 {Please print name and sign in ink} Atlanta GA 30308 Offeror Phone Number: Offeror FAX Number: (404) 419-8700 [404] 419-8701 Offeror Federal I.D. Number: Offeror E-mail Address: 56-0885615 faye.dimassimo@kimley-hcrn.com OFFERORS MUST RETURN THIS SHEET WITH RFQ RESPONSE DELETE A.2 AND REPLACE WITH: A.2 RESPONSE TO SECTIONS OFFERORS MUST RETURN THIS SHEET WITH REQ RESPONSE Please review and initial that the sections and subsections have been read and that the Offeror will comply with the sections. INITIAL 1.0 INTRODUCTION........................................................................... READ AND WILL COMPLY �`'`3 1.1 PURPOSE OF PROCUREMENT 1,2 RESERVED 1.3 SCHEDULE OF EVENTS 1.4 RESTRICTIONS ON COMMUNICATIONS WITH STAFF 1.5 DEFINITION OF TERMS 1.6 DESCRIPTION OF REQUIREMENTS 1,6.1 Resulting Contract 1.6.2 Mandatory Requirements 1.6.3 Understanding of Specifications and Requirements 1.6.4 Offeror's Signature 1.7 SUBMITTING A STATEMENT OF QUALIFICATIONS 1.7.1 Organization of Statement of Qualifications 1.7.2 Failure to Comply with Instruction 1.7.3 Copies Required and Deadline for Receipt of Statement of Qualifications 1.7.4 Late Statement of Qualifications 1.8 REQUIRED REvIEW I. & I Review RFQ 1.8.2 Form of Questions. 1.8.3 City's Answers. 1.8.4 Standard Terms and ConditionslStandard Contract. 1.8.5 Project Oversight and Staffing 2.0 RFQ STANDARD INFORMATION ....................................... READ AND WILL COMPLY `f 2.1 AUTHORITY 2.2 OFFEROR COMPETITION 2.3 RFCEiPT OF STATEMENT OF QUALIFICATIONS AND PUBLIC INSPECTION 23,1 Public Information 23,2 Purchasing Office Review of Statement of Qualifications. 2,4 CLASSIFICATION AND EVALUATION OF STATEMFNT OF QUALIFICATIONS 24,1 Initial Classification of Statement of Qualifications as Responsive or Non 24.2 Determination of Responsibility 2.4.3 Evaluation of Statement of Qualifications 2.4.4 Completeness of Statement of Qualifications 2.4.5 Evaluation Committee Recommendation 2.5 CITY'S RIGHTS RESERVED 3.0 INFORMATION........................................................................ READ AND WILL COMPLY `f 3 3.1 PROJECT INFORMATION 3.2 STATEMENT OF WORK 3.2.1 Description of tasks 3.2.2 General Information 3.3 STANDARD PROFESSIONAL SERVICES AGREEMLN I OFFERORS MUST RETURN THIS SHEET WITH REQ RESPONSE INITIAL 4.0 SOQ SUBMISSION AND EVALUATION READ AND WILL COMPLYL`f1 4.1 PROCESS FOR SUBMITTING STATEMENT OF QUALIFICATIONS 4.1.1 Preparation of Statement of Qualifications 4.1.2 Packaging of Statement of Qualifications 4.1.3 Number of Statement of Qualifications Copies 4.1.4 Submission of Statement of Qualifications 4.2 EVALUATION PROCESS 4.2.1 Administrative Review 4.2.2 Mandatory Requirements Review 4.2.3 Technical Statement of Qualifications Evaluation 4.2.4 Site Visits and Oral Presentations 4.2.5 Statement of Qualifications Requirements (Appendix A.3) 4.3 REJECTION OF STATEMENT OF QUALIFICATIONS/CANCELLATION OF RFQ 4.4 CITY'S RIGHT TO INVESTIGATE AND RE.TECT 4.5 OFFEROR INFORMATIONAL REQUIREMENTS FOR SOQ REQUIREMENTS (APPENDix A.3) 4.5.1 Company Profile and Experience 4.5.2 Resumes 4.5.3 QA/QC Procedures 4.5.4 Offeror Financial Stability x 5.0 TERMS AND CONDITIONS ................................................... READ AND WILL COMPLY `f` 5.1 RFQ AMENDMFNTS *Kimley-Horn substantially agrees with 5.2 STATEMENT OF QUALIFICATIONS WITHDRAWAL the contract provisions and reserves 5.3 COST FOR PREPARING STATEMENT OF QUALIFICATIONS the right to final review prior to 5.4 CONFLICT OF INTEREST execution of the final contract. 5.5 MINORITY BUSINESS POLICY 5.6 ADA GUIDELINES 5.7 COMPLIANCE WITH LAWS APPENDIX A — SUMMARY OF SUBMITTAL REQUIREMENTS... READ AND WILL COMPLY 5 `'`� A.1 STATEMENT OF QUALIFICATIONS COVER SHEET A. 2 REPONSE TO SECTIONS A.3 STATEMENT OF QUALIFICATIONS OUTLINE AA STATEMENT OF QUALIFICATIONS LETTER A.5 COST PROPOSAL A.b DISCLOSURE FORM APPENDIX B......................................................................................... READ AND WILL COMPLY 5�J3 SCHEDULE OF EVENTS APPENDIX C......................................................................................... READ AND WILL COMPLY 7�J3 PROFESSIONAL SERVICES AGREEMENT 1OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES FIRM INFORMATION Firm Name and All Contact Information PRIMARY CONTACT Faye DiMassimo, AICP Kimley-Horn and Associates, Inc. 817 West Peachtree Street, NW The Biltmore, Suite 601 Atlanta, GA 30308 (404) 419-8700 faye.dimassimo@kimley-horn.com FORMER FIRM NAMES Not applicable OFFICIAL GEORGIA ADDRESS Same as above SUBCONSULTANTS Kimley-Horn has retained the following firms to provide services for this contract: „ Edwards-Pitman Environmental, Inc. (DBE) — Historic/cultural resources studies „ Street Smarts, Inc. (DBE) — Subsurface utility engineering and field surveys „ United Consulting — Geotechnical services „ KCI Technologies, Inc. — Construction engineering and inspection „ Sycamore Consulting, Inc. (DBE) — Public outreach „ Bleakly Advisory Group (DBE) — Economic analysis „ Cooper Consulting Company (DBE) — Land use „ Duncan Associates — Impact fee program „ JFS Consulting — Financial planning/programming „ The Schapiro Group (DBE) — Public polling/opinion surveys „ All Traffic Data Services, Inc. (DBE) — Traffic counts OFFICE PERFORMING THE WORK Kimley-Horn has 62 offices and more than 2,200 staff members across the country. While we can call upon these employees to assist with assignments as necessary, the majority of services for this contract will be performed by staff in our Atlanta-Midtown and Norcross offices. Company Profile and Experience Headquartered in Raleigh, NC, Kimley-Horn and Associates, Inc. has been in the business of providing services similar to those requested in your request for qualifications since 1967. We have not performed these services under any other company names. Insurance Information Abercrombie Insurance Agency, Inc. — General Liability, Automobile Liability, and Workers Compensation Limits: $1 million per occurrence, $2 million aggregate (General Liability); $1 million per accident (Automobile Liability); $1,000,000 per accident (Workers Compensation and Employers’ Liability) BB&T Insurance Services, Inc. — Professional Liability Limits: $2 million per claim, $2 million aggregate Number of permanent employees (Max/Avg) 2007 2006 2005 GDOT Prequalified Area - Classes of Work Kimley-Horn firmwide 2,362/2,329 2,327/2,292 1,960/1,756 1.01, 1.02, 1.04, 1.05, 1.06(a), 1.06(c), 1.06(d), 1.06(e), 1.07, 1.08, 1.09, 1.10, 1.12, 2.02, 2.09, 3.01, 3.02, 3.03, 3.04, 3.05, 3.06, 3.07, 3.08, 3.09, 3.12, 3.13, 4.01, 4.02, 4.04, 6.03, 9.01 Kimley-Horn Atlanta offices 101/90 97/88 105/83 Edwards-Pitman firmwide 38/36 32/31 30/29 1.06(a), 1.06(b), 1.06(c), 1.06(d), 1.06(e), 1.06(f), 1.06(g)Edwards-Pitman local office 35/33 29/28 25/24 Street Smarts firmwide 107/101 95/86 92/85 1.01, 1.02, 1.04, 1.05, 1.07, 1.09, 1.10, 2.02, 3.01, 3.02, 3.03, 3.04, 3.05, 3.06, 3.07, 3.08, 3.09, 3.12, 3.13, 5.01, 5.02, 5.03, 5.07, 5.08, 9.01 Street Smarts local office 99/93 90/84 88/77 United Consulting firmwide 144/137 141/135 130/126 6.01(a), 6.01(b), 6.02, 6.03, 6.04, 6.05United Consulting local office 141/134 132/126 115/111 KCI Technologies firmwide 1,035/1,015 1,030/925 951/875 1.06(a), 1.06(b), 1.06(c), 1.06(d), 1.06(e), 1.06(f), 1.09, 3.01, 3.02, 3.03, 3.04, 3.05, 3.06, 3.12, 3.13, 4.04, 5.01, 5.02, 5.03, 5.08, 6.01(a), 6.01(b), 6.03, 8.01, 9.01, 9.02, 9.03 KCI Technologies local office 65/57 49/35 28/23 Sycamore Consulting 8/6 7/6 5/4 N/A Bleakly Advisory Group 4/4 4/4 3/3 N/A Cooper Consulting Co. 1/1 1/1 1/1 N/A Duncan Associates 10/10 10/10 12/12 N/A JFS Consulting 1/1 1/1 1/1 N/A The Schapiro Group 24/18 4/4 4/3.5 N/A Firm Information, including GDOT Prequalification 2OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES PROJECT NAME, LOCATION, DESCRIPTION, AND CONSTRUCTION COST OWNER CONTACT LOCATION OF WORK PERFORMED Kimley-Horn and Associates, Inc. — Completed Design Projects Mitchell Bridge Road Intersection Improvements — Athens-Clarke County, GA. Responsible for concept, preliminary, and final plans for three intersection improvements, including left- and right-turn lane additions. Construction Cost: $700,000 Jason Peck Athens-Clarke County (706) 613-3440 Norcross SR 4 Business/US 1 Business over Williamson Swamp Creek — Jefferson County, GA. Responsible for preliminary and final plans for replacing the substandard bridge over Williamson Swamp Creek and improvements to roadway approaches. Construction Cost: $3,337,689 Otis Clark GDOT Consultant Design (404) 463-6265 Norcross On-Call Big Bridge Five Work Order Services Agreement — Harris and Randolph Counties, GA. As a subconsultant to URS under this agreement, Kimley-Horn provided project coordination, roadway design, and environmental services for four bridge replacement projects. Construction Cost: Varies Ted Cashin GDOT Bridge Design (404) 656-5302 Norcross Chapel Hill and Stewart Mill Roads Transportation Corridor Study — Douglas County, GA. Conducted a transportation corridor study to evaluate the existing and projected conditions along the 10-mile corridor. Interim and long-range improvement options were prioritized and included projected cost estimates. The study also included several public involvement meetings. Construction Cost: Not applicable (N/A) Jim Tolson GDOT (404) 624-7119 Norcross GDOT On-Call Traffic Engineering Studies — statewide, GA. Prepared traffic engineering studies for GDOT at various intersections statewide. The studies included signal warrant analysis, level-of- service and capacity analysis, operational analysis, and the development of roadway/operational improvement recommendations. Construction Cost: N/A Bill Poole GDOT Traffic & Safety (404) 624-1300 Norcross US 23/SR 13 at Pleasant Hill Road Grade Separation — Gwinnett County, GA. Responsible for alternatives analysis, public involvement, concept plans, NEPA documentation, preliminary design plans, right-of-way plans, and final design for 1.49 miles of grade separation of Buford Highway and Norfolk Southern Railroad at Pleasant Hill Road. Construction Cost: $34,605,262 Jim Simpson GDOT Road Design (404) 657-9192 Norcross Street Smarts, Inc. — Completed Design Projects Governor’s Road Improvement Program (GRIP) — statewide, GA. Provided corridor planning, traffic engineering and analysis, surveying, and design services for Toccoa By-Pass, Thomson By- Pass, US 441, and Fall Line Freeway. Construction Cost: Varies Michael Haithcock GDOT (404) 657-9758 Duluth GDOT Statewide Bridge Design — GA. Produced a complete set of construction plans and specifications for various bridges. Construction Cost: $20 million Yun Tang GDOT (404) 463-0290 Duluth Bells Ferry Road Tract Traffic Impact Study — Alpharetta, GA. Analyzed the traffic impact expected to result from a proposed electronics superstore and restaurant. The study was performed under GDOT’s Regulations for Driveway and Encroachment Control. Construction Cost: N/A Ray Myers Roy Ashley & Associates (404) 352-2200 Duluth Table 1A — Roadway/Bridge/Transportation Design Projects Completed Within the Last 3 Years DESIGN AND PLANNING PROJECTS 3OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES Table 1A (cont.) PROJECT NAME, LOCATION, DESCRIPTION, AND CONSTRUCTION COST OWNER CONTACT LOCATION OF WORK PERFORMED Street Smarts, Inc. — Completed Design Projects (cont.) Howell Mill Road Corridor Study — Atlanta, GA. Assessed the traffic impacts of various alternatives. The study area’s accident history also was examined to determine if there was a correctable pattern of accidents. Construction Cost: $1.2 million George O’Baranac Delon Hampton & Associates (404) 524-8030 Duluth Flowing Wells Road Corridor Study — Columbia County, GA. Assessed the traffic impacts of road widening. Determined the number of lanes and control needed, performed traffic signal warrant analyses, and prepared collision diagrams and preliminary sketches of key intersections. Construction Cost: $2.3 million Ronnie Hutto Columbia County (706) 541-3944 Duluth United Consulting, Inc. — Completed Design Projects 5th Runway Bridge over I-285, Hartsfield-Jackson Atlanta International Airport, GA. Provided geotechnical services, including bridge foundation investigation, soil survey, and materials testing. Construction Cost: $3.5 million Terry Kazmerzak, P.E. PB’s America (404) 364-2641 Norcross I-85/Interchange — Troup County, GA. Provided geotechnical services, including bridge foundation investigation, soil survey, and pavement evaluation. Construction Cost: $525,000 Wayne Mote JJ&G (770) 455-8555 Norcross Automated People Mover Hartsfield-Jackson Atlanta International Airport — GA. Provided geotechnical services, including bridge foundation investigation, soil survey, and pavement evaluation. Construction Cost: $677,000 Allen Krivsky Heath & Lineback Engineers (770) 424-1668 Norcross Georgia State Route 133 — Albany/Moultrie, GA. Performed geotechnical services, including soil survey and pavement evaluation and provided subsurface utility engineering. Construction Cost: $639,000 Larry Cook J. B. Trimble (770) 952-1022 Norcross KCI Technologies, Inc. — Completed Design Projects Construction Engineering and Inspection (CEI) Services Task Order Contract — GA. Provided CEI for numerous projects, including the Homer Bypass in Banks County, and US 441 in Rabun County. Also provided contract administration, traffic signal inspection, and earthwork computations. Construction Cost: $12 million Russell McMurry GDOT District 1 (770) 532-5526 Atlanta CEI Services CSSTP-M002-00(856) — Barrow, Gwinnett, and Jackson Counties, GA. Milling, inlay, plant mix resurfacing, and shoulder reconstruction of SR 124 between Lawrenceville and Braselton. Due to traffic considerations, the majority of the work was performed at night. Construction Cost: $2.3 million Russell McMurry GDOT District 1 (770) 532-5526 Atlanta CEI Services LAR-04-S006-99(931), Elbert, Madison, and Oglethorpe Counties, GA. Approximately 12 miles of double surface treatment on various county roads. Construction Cost: $427,000 Russell McMurry GDOT District 1 (770) 532-5526 Atlanta CEI Services STP-2883(0)01, Forsyth County, GA. Reconstruction of the GA 400 and McFarland Road interchange, including bridge, ramps, and one mile of multi-lane roadway. Construction Cost: $10 million Russell McMurry GDOT District 1 (770) 532-5526 Atlanta CEI Services NH-078-1(19), Gwinnett County, GA. Reconstruction of SR 124 south of the City of Snellville. The project consisted of widening to a four-lane divided facility with a raised median. Construction Cost: $12.3 million Russell McMurry GDOT District 1 (770) 532-5526 Atlanta 4OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES Table 1B — Transportation Planning Projects Completed Within the Last 3 Years PROJECT NAME, LOCATION, DESCRIPTION, AND CONSTRUCTION COST OWNER CONTACT LOCATION OF WORK PERFORMED Kimley-Horn and Associates, Inc. — Completed Planning Projects Southern Regional Accessibility Study — Atlanta, GA. As a subconsultant, Kimley-Horn performed a study of transportation accessibility in the six counties south of Atlanta (south Fulton, Henry, Clayton, Fayette, Coweta, and Spalding). We performed a field inventory and collected additional information for all of the major roadways and other transportation facilities in the study area. We also created a comprehensive existing conditions report and maps showing physical conditions. In addition, Kimley-Horn prepared the transportation-related needs assessment. The results will be used in developing recommendations to enhance accessibility in the southern portion of Atlanta. Construction Cost: N/A Atlanta Regional Commission Grady Smith (JJ&G) (770) 798-9486 Norcross Piedmont Area Transportation Study — Atlanta, GA. Kimley-Horn performed a multimodal mobility and access study for a 3.5-mile portion of the Piedmont Road corridor in the Buckhead community of Atlanta. The street facility includes a variety of land uses, travel characteristics, and stakeholders. The project was driven by a comprehensive stakeholder involvement process designed to engage business owners, employers, and residents, as well as public agencies. Stakeholder involvement—along with evaluation of existing and projected traffic conditions and accident analysis—led to a program of solutions, both short- and long-term, to improve the corridor for all modes of transportation. The study ultimately recommended 47 pedestrian, bicycle, transit, and roadway projects totaling more than $200 million over a 25-year period. Construction Cost: N/A Denise Starling Buckhead Community Improvement District (404) 842-2680 Atlanta Decatur Community Transportation Plan — Decatur, GA. As a subconsultant to Sycamore Consulting, Kimley-Horn analyzed levels-of-service for vehicles, bicycles, and pedestrians, and identified opportunities for improvements to the transportation system for the development of this comprehensive multimodal transportation plan. As part of an extensive public involvement process, we also participated in bicycle and pedestrian workshops and held a traffic calming workshop with four neighborhoods. Construction Cost: N/A Amanda Thompson City of Decatur (678) 553-6513 Atlanta Transportation Element of the Newton County Comprehensive Plan — Newton County, GA. As a subconsultant to Jordan Jones & Goulding, Kimley-Horn developed the transportation element of the Comprehensive Plan for Newton County. Tasks included an inventory of transportation facilities, including roads, traffic signals, sidewalks, bicycle facilities, railroads, and airports; an analysis of issues and opportunities; and a needs assessment. Kimley-Horn also tested alternative land use scenarios using the regional travel demand model to determine the transportation infrastructure needed to accommodate varying levels of growth in the County. Construction Cost: N/A Lloyd Kerr Newton County (770) 385-2179 Atlanta Transportation Element of the Covington Comprehensive Plan — Covington, GA. As a subconsultant to Jordan Jones & Goulding, Kimley-Horn developed the transportation element of the Comprehensive Plan for the City of Covington. Tasks included an inventory of transportation facilities, including roads, traffic signals, sidewalks, bicycle facilities, railroads, and airports; an analysis of issues and opportunities; and a needs assessment. Construction Cost: N/A Marian Eisenberg City of Covington (770) 784-2197 Atlanta 5OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES Table 1B (cont.) PROJECT NAME, LOCATION, DESCRIPTION, AND CONSTRUCTION COST OWNER CONTACT LOCATION OF WORK PERFORMED Sycamore Consulting, Inc. — Completed Planning Projects Decatur Community Transportation Plan — GA. Developed a transportation plan to create and maintain an active living community with increased opportunities for exercise and recreation. Led the inventory of existing conditions, level of service and latent demand analyses, broad and inclusive public involvement program, and development of recommendations. Construction Cost: N/A Amanda Thompson City of Decatur (404) 370-4104 Atlanta Paulding County Community Transportation Plan — GA. Established a citizens advisory committee and technical advisory committee; developed and maintained a stakeholder database; facilitated an environmental justice focus group; developed, published, and distributed fact sheets; and coordinated public information open houses and placement of information kiosks. Construction Cost: N/A Scott Green Paulding County DOT (770) 445-4759 Atlanta Johns Creek Transportation Master Plan — GA. Provided bicycle and pedestrian planning support services for this project, including attending public meetings, workshops, and hearings; analyzing results of planning exercises and needs assessment data; and assisting in the development of draft recommendations for Bike/Ped Network Plan and School Safety Zone Plan. Construction Cost: N/A Richard Fangmann City of Johns Creek (404) 249-7550 Atlanta State Transportation Improvement Program (STIP) Public Involvement — GA. Developed and implemented a public involvement program to gather input for the STIP approval process in non- urbanized areas. Also analyzed comments and produced an annual Public Involvement Report. Construction Cost: N/A Angela Alexander GDOT (404) 656-5411 Atlanta Belvedere-Line Street Active Living Plan — DeKalb County, GA. Convened and facilitated a planning committee of representatives from the neighborhood, its coalitions, DeKalb Board of Health, and DeKalb County Transportation Division. Planned and hosted interactive outreach opportunities. Construction Cost: N/A Robin Tanner DeKalb County Board of Health (404) 508-7759 Atlanta Bleakly Advisory Group (BAG) — Completed Planning Projects Northside Drive Corridor Study — GA. Responsible for preparing demographic and real estate market research to support the planning for transit-related development and system improvements to lessen traffic congestion by creating better transit linkages for residents, businesses, and institutions in the study area. Construction Cost: N/A Bill Dunkley City of Atlanta, Dept. of Planning and Community Dev. (404) 330-6145 Atlanta Buford Highway and Tara Boulevard Corridor Studies — GA. Provided consulting services, including a market analysis and overview of real estate development trends, for these corridor studies intended to create forecasts used for transportation planning and development. Construction Cost: N/A Atlanta Regional Commission Elizabeth Hahn (URS) (678) 808-8883 Atlanta Transit Related Development Feasibility at Kensington MARTA Station — GA. Evaluated the financial feasibility of converting up to 20 acres of surface parking to transit oriented development by consolidating the parking into a centrally located deck and freeing most of the site for development. Construction Cost: N/A MARTA Jim Durrett (Livable Communities Coalition) (404) 214-0081 Atlanta MARTA North Line Extension Transit Oriented Development — GA. Prepared demographic/ market analysis of three potential station locations along this proposed extension to evaluate the opportunity for transit related development in each area. Construction Cost: N/A MARTA Janide Sidafell (URS) (678) 808-8883 Atlanta 6OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES Table 1B (cont.) PROJECT NAME, LOCATION, DESCRIPTION, AND CONSTRUCTION COST OWNER CONTACT LOCATION OF WORK PERFORMED Cooper Consulting Company — Completed Planning Projects Tuscaloosa Urban Renewal Plan — AL. This plan included an inventory of existing conditions, full development plan, and implementation strategy for the 16-block planning area. Construction of a new parking deck, city annex, and park are underway. Construction Cost: N/A William Snowden, AICP City of Tuscaloosa (205) 248-5080 Dallas, TX LaPorte County Land Development Plan — IN. This plan for LaPorte County, Michigan City, and the City of LaPorte, IN (400 square miles) included an inventory of existing land use, natural resources, community facilities, and projections for population and subsequent land absorption rates. Construction Cost: N/A Mitch Bishop LaPorte County (219) 326-6808, ext. 2253 Dallas, TX Duncan Associates — Completed Planning Projects Transportation Development Fee Study — Cary, NC. Designed and developed a zonal, improvements-based transportation facility fee program. Coordinated with the engineers to perform select-link analysis, and used the results to allocate costs between geographic areas. Construction Cost: N/A Stacey Teachey Town of Cary (919) 460-4947 Austin, TX Impact Fee Study for Roads and Parks — Raleigh, NC. Reviewed the City’s 17-year-old road and park impact (facility) fees, which had become among the lowest in the nation. Stakeholder interviews were held with community representatives, the parks board, and non-profit organizations. Construction Cost: N/A Eric Lamb City of Raleigh (919) 516-2161 Austin, TX JFS Consulting — Completed Planning Projects SR 6 Corridor Study — GA. This comprehensive study reviewed the different transportation modes accessing the SR 6 corridor and made recommendations for improvements in safety, congestion mitigation, traffic flow, and improved land use. The completed corridor plan recommended improvements for alternative travel modes in the corridor. Atlanta Regional Commission Jim Brown (URS) (678) 808-8849 Atlanta Tara Boulevard Corridor Study — GA. This multimodal study provided transportation and land use recommendations that addressed existing and future transportation needs, supported Livable Centers Initiative (LCI) projects and transit-oriented development, and promoted business vitality and economic development along the corridor. Atlanta Regional Commission Jim Brown (URS) (678) 808-8849 Atlanta The Schapiro Group (TSG) — Completed Planning Projects MARTA North Line Transit Oriented Development (TOD) — Atlanta, GA. TSG conducted two public opinion surveys of 400 residents and 531 employees in the four North Line TOD study areas. MARTA used the results to help guide its decision about locating a new station. Construction Cost: N/A Johnny Dunning MARTA (404) 848-5000, x5653 Atlanta ARC, SR 6 Corridor Study — Atlanta, GA. TSG conducted a scientific telephone survey of residents in the affected areas to determine their transportation needs and desires. ARC used the findings to make planning decisions. Construction Cost: N/A Judith Dovers Atlanta Regional Commission (404) 463-3272 Atlanta ARC Public Outreach — Atlanta, GA. Designed and implemented numerous telephone surveys of metro Atlanta residents to scientifically measure their transportation needs and desires. ARC has turned repeatedly to TSG for scientific measurement of public opinion on transportation issues. Construction Cost: N/A Judith Dovers Atlanta Regional Commission (404) 463-3272 Atlanta 7OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES PROJECT NAME AND LOCATION CURRENT STATUS Kimley-Horn and Associates, Inc. — Awarded Design Contracts (past 3 years) Mt. Zion Road/Battlecreek Road, Clayton County, GA 40% Complete Rocky Face Interchange Reconstruction, I-75 at US 41/SR 3, Whitfield County, GA 75% Complete US 78 Widening and Bypass, Clarke and Oglethorpe Counties, GA 5% Complete SR 9 Widening, Forsyth County, GA 5% Complete SR 307 Overpass over Port Authority New Rail Line, Chatham County, GA 90% Complete Edwards-Pitman Environmental, Inc. — Awarded Design Contracts (past 3 years) SR 44 Widening and Improvements, Putnam/Jones Counties, GA 40% Complete SR 204/Abercorn Street Widening and Improvements, Chatham County, GA 30% Complete Bridge Replacements, Towns County, GA 60% Complete I-75 Managed Lanes, Clayton/Henry Counties, GA 20% Complete Street Smarts, Inc. — Awarded Design Contracts (past 3 years) I-85 Pavement Replacement, South Fulton County, GA Ongoing Automated People Mover for HJAIA CONRAC Facility, Atlanta, GA Ongoing HJAIA 5th Runway Design/Build, Atlanta, GA Ongoing United Consulting, Inc. — Awarded Design Contracts (past 3 years) GDOT, SR 133 Widening and Reconstruction, Valdosta to Moultrie, GA 70% Complete Geotechnical Engineering for STP-079+-1(422) PI# 431830, Coffee County, GA 10% Complete US-411 Connector, GA 2% Complete Lee Road, Phase II (MSL-0004-00(428), PI# 0004428), GA 60% Complete Geotechnical Engineering for BRG-0005-00(879) PI# 0005879, Glynn County, GA 95% Complete Table 2A — Transportation Design Contracts Awarded in the Last 3 Years and Ongoing Design Projects PROJECT NAME AND LOCATION ASSIGNED PERSONNEL/RESPONSIBILITIES Kimley-Horn and Associates, Inc. — Ongoing Design Projects GA 400 HOV Lanes, Fulton and Forsyth Counties, GA Sean Johnston, P.E. — Project Manager Peter Coakley, P.E. — Lead Engineer Jerry Brooks, P.E.— QC/QA SR 166 Widening, Douglas and Fulton Counties, GA Gary Newton, P.E. — Project Manager Sean Johnston, P.E. — Lead Engineer Brian Miller, P.E. — Bridge Design Jerry Brooks, P.E. — QC/QA Metro-wide Signal Timing, Atlanta, GA Kenn Fink, P.E. — Project Manager Andrew Antweiler, P.E. — Project Engineer 8OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES Table 2A (cont.) PROJECT NAME AND LOCATION ASSIGNED PERSONNEL/RESPONSIBILITIES Edwards-Pitman Environmental, Inc. — Ongoing Design Projects SR 44 Widening and Improvements, Putnam/Jones Counties, GA Linda Edwards — Project Manager Susan Thomas — NEPA Specialist Laurie Cotton-Smith — Senior Historian Kevin Thomas — Project Ecologist Lynn Pietak — Principal Investigator SR 204/Abercorn Street Widening and Improvements, Chatham County, GA Linda Edwards — Project Manager Susan Thomas — NEPA Specialist Leslie Brown — Project Historian Rick Filer — Senior Ecologist Lynn Pietak — Principal Investigator Josh Earhart — Air/Noise Specialist Bridge Replacements, Towns County, GA Andy Pitman — Project Manager Terri Malone — NEPA Specialist Mark McClain — Chief Ecologist David Adair — Senior Historian Lynn Pietak — Principal Investigator Josh Earhart — Air/Noise Specialist Kevin Thomas — Aquatic Specialist I-75 Managed Lanes, Clayton/Henry Counties, GA Linda Edwards — Project Manager Susan Thomas — NEPA Specialist David Adair — Senior Historian Mark McClain — Chief Ecologist Lynn Pietak — Principal Investigator Josh Earhart — Air/Noise Specialist Borrow/Disposal/Stockpile Site Investigations, statewide, GA Linda Edwards — Project Manager Lynn Pietak — Principal Investigator Mark McClain — Chief Ecologist Garrett Silliman — Project Archaeologist Kevin Thomas — Project Ecologist Street Smarts, Inc. — Ongoing Design Projects Statewide Bridge Replacements (eight bridges), various counties, GA Steve Bitney — Principal William Dial — Project Manager Ron Pate — Survey Manager David Cyphers — Field Survey Manager David Quickle — SUE SR 15, Tennille By-Pass, Washington County, GA Steve Bitney — Principal William Dial — Project Manager Ron Pate — Survey Manager David Cyphers, — Field Survey Manager United Consulting, Inc. — Ongoing Design Projects GDOT, SR 133 Widening and Reconstruction, Valdosta to Moultrie, GA Santanu Sinharoy, P.E. — Project Manager Aaron Epstein, P.E. — QA/QC Geotechnical Engineering for STP-079+-1(422), PI# 431830, Coffee County, GA Santanu Sinharoy, P.E. — Project Manager Donald E. Hill, P.E. — QA/QC US-411 Connector, GA R. Hayne Palmer, P.E. — Project Manager Santanu Sinharoy, P.E. — Project Manager Donald E. Hill, P.E. — QA/QC Lee Road, Phase II (MSL-0004-00(428), PI# 0004428), GA Mehdi Moazzami, Ph.D., P.E. — Project Manager Santanu Sinharoy, P.E. — QA/QC Geotechnical Engineering for BRG-0005-00(879), PI# 0005879, Glynn County, GA Aaron C. Epstein, P.E. — Project Manager Donald E. Hill, P.E. — QA/QC KCI Technologies, Inc. — Ongoing Design Projects Construction Engineering and Inspection Services Task Order Contract, GA Bruce Nicholson — Construction Manager William DeMore — Senior Inspector 9OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES PROJECT NAME AND LOCATION CURRENT STATUS Kimley-Horn and Associates, Inc. — Awarded Planning Contracts (past 3 years) GRTA/GDOT Transportation Statewide Investment Strategy Development, GA 15% Complete Sycamore Consulting, Inc. — Awarded Planning Contracts (past 3 years) GDOT, I-285 Draft Environmental Impact Statement, GA 50% Complete State Road and Toll Authority, GA 400 Variable Pricing Study, GA 50% Complete GDOT, SR 400 and SR 365 Corridor Studies, GA 90% Complete I-65 Alternatives Analysis Draft Environmental Impact Statement, Birmingham, AL 10% Complete MARTA, General Planning Contract, Atlanta, GA 0% Complete Duncan Associates — Awarded Planning Contracts (past 3 years) Impact Fee Study, Atlanta GA 0% Complete JFS Consulting — Awarded Planning Contracts (past 3 years) Update of Atlanta Regional Commission’s Regional Transportation Plan, GA Plan adopted Clayton Comprehensive Transportation Plan, GA 90% complete Newton Comprehensive Transportation Plan, GA 95% complete Table 2B — Planning Contracts Awarded in the Last 3 Years and Ongoing Planning Projects PROJECT NAME AND LOCATION ASSIGNED PERSONNEL/RESPONSIBILITIES Kimley-Horn and Associates, Inc. — Ongoing Planning Projects GRTA/GDOT Transportation Statewide Investment Strategy Development, GA Faye DiMassimo, AICP and Ed Ellis, P.E. — Strategic Advisement/Scenario Analysis Sycamore Consulting, Inc. -— Ongoing Planning Projects GDOT, I-285 Draft Environmental Impact Statement, GA Kristine Hansen-Dederick, AICP — Public Involvement Jennifer Price, AICP — Public Involvement State Road and Toll Authority, GA 400 Variable Pricing Study, GA Kristine Hansen-Dederick, AICP — Public Involvement GDOT, SR 400 and SR 365 Corridor Studies, GA Jennifer Price, AICP — Public Involvement I-65 Alternatives Analysis Draft Environmental Impact Statement, Birmingham, AL Kristine Hansen-Dederick, AICP — Public Involvement Jennifer Price, AICP — Public Involvement MARTA, General Planning Contract, Atlanta, GA Kristine Hansen-Dederick, AICP — Public Involvement Jennifer Price, AICP — Public Involvement Cooper Consulting Company -— Ongoing Planning Projects Tuscaloosa Greater Downtown Plan, AL Connie Cooper — Full plan completion, with subconsultants JFS Consulting -— Ongoing Planning Projects Town Center Community Improvement District (CID) Transportation Plan Joel Stone — President/Planner ENGINEERING SERVICES PROJECT MANAGERGary Newton, P.E.PRINCIPAL-IN-CHARGEEd Ellis, P.E.ROADWAYDESIGNPeter Coakley, P.E.Kevin Ergle, P.E.Nina Gailey, P.E.Glynnis Conlin, EITDiana Mitchen, EITHYDRAULIC AND HYDROLOGICAL STUDIESBryon Letourneau, P.E.Kevin Ergle, P.E.Jason Dunn, P.E.ENVIRONMENTAL DOCUMENTATIONAND PUBLIC INVOLVEMENTDebbie Wilson, AICPEric MartinBrittain Skinner*Edwards-Pitman Environmental, Inc.EROSION, SEDIMENTATION, AND POLLUTIONCONTROL PLANSKevin Ergle, P.E.Bryon Letourneau, P.E.TRAFFICENGINEERINGKenn Fink, P.E.John Walker, PTOE, P.E.Andrew Antweiler, P.E.Ed Ellis, P.E.Brad Waldschmidt, EITParker Ellen, P.E.Jennifer Hunter, P.E.STRUCTURAL DESIGNDavid Stricklin, P.E.Brian Miller, P.E.Russell Smith, EITJosh Stamm, P.E.PLANNING SERVICES PROJECT MANAGERFaye DiMassimo, AICPTRANSPORTATIONTravel Demand ModelingCraig Gresham, P.E., AICPAccess ManagementEd Ellis, P.E.Jeff Smith, EITTraffic Operations,Signal Timing,Intersection Analysis, and ITSKenn Fink, P.E.Cristina Pastore, P.E.ALTERNATIVE MODESBicycle/PedestrianRoger Henderson, P.E., AICPJeff Smith, EITTransit/TDMMark Dunzo, P.E.Cristina Pastore, P.E.Matt Noonkester, AICPJeff Smith, EITCOMMUNITY PRESERVATIONLand UseConnie Cooper, FAICP*Cooper Consulting CompanyEconomic AnalysisKen Bleakly *Bleakly Advisory GroupFINANCIAL PLANNING PROGRAMMINGFaye DiMassimo, AICPJoel Stone, P.E.JFS ConsultingImpact Fee ProgramJames Duncan, FAICPDuncan AssociatesAndrea FoardRex WhiteKristine Hansen-Dederick, AICPJen Price, AICP*Sycamore ConsultingPublic Polling/Opinion SurveysBeth SchapiroAlex Trouteaud*The Schapiro GroupPUBLIC OUTREACHQC/QAOY180013.08Organizational ChartFIELD SURVEYRon Pate, EIT, RLS*Street Smarts, Inc.GEOTECHNICALSERVICESSantanu Sinharoy, P.E.United Consulting, Inc.SUBSURFACE UTILITYENGINEERINGDavid Quickle*Street Smarts, Inc.CONSTRUCTION ENGINEERINGAND INSPECTION (CEI)Bruce NicholsonWilliam DeMoreKCI TechnologiesSTREETSCAPE/PEDESTRIANAND LANDSCAPE ARCHITECTURESean Johnston, P.E.Roger Henderson, P.E., AICPRay Strychalski, RLAChet Winstead, ASLASTORMWATER PERMITTINGMark Kilby, P.E.Andrea Pinabell, LEED APKaty Goolsby-Brown, P.E.Jerry Brooks, P.E.TRAFFIC COUNTSAll Traffic Data Services, Inc.GISCraig Gresham, P.E., AICPGRAPHICSJulie BarkerPROFESSIONAL ENGINEERING AND PLANNING SERVICESFIRM PERSONNELSubconsultants*Certified DBEPlease refer to key personnel section for individual states of registration.SUPPORT SERVICES 11OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES STAFF MEMBER ROLE PROFESSIONAL REGISTRATIONS YEARS OF EXPER. YEARS WITH FIRM EXPERIENCE (WORK/SOFTWARE) Ed Ellis, P.E. Principal-in-Charge P.E., #11242, GA 36 3.5 Gary Newton, P.E. Lead Design Engineer/Project Manager P.E., #28309, GA 13 11.5 Gary Newton is fully proficient in the use of CAiCE, CEAL, and MicroStation design software. Faye DiMassimo, AICP Lead Planner/Project Manager AICP, #009932 25 <1 Jerry Brooks, P.E. Quality Control/Quality Assurance P.E., #21321, GA 33 2.5 Peter Coakley, P.E. Roadway Engineer P.E., #17332, MT 86 Peter Coakley’s software training includes Microstation J Version 07.01.04.16, CAiCE Visual Transportation 10-SP3, HECRAS Version 3, and StormCAD Version 5.5. Kenn Fink, P.E. Traffic Engineer P.E., # 028334 (GA), #24814 (NC), #19918 (SC), #51360 (FL) 14.5 14.5 Kenn Fink’s software capabilities include closed loop software such as Eagle (Marc and ACTRA), Econolite, and 170 (Bitrans and Wapitti). David Stricklin, P.E. Structural Engineer P.E., #031339, GA 12 12 David Stricklin has extensive experience using numerous software packages, including MicroStation, GDOT Bridge Design software, RC Pier, Merlin-Dash, Conspan, and Descus. Bryon Letourneau, P.E. Hydraulic Engineer P.E., #27815, GA 10.5 10.5 Bryon Letourneau is proficient in HEC-RAS, HEC-2, MicrostationJ Version 07.01.04.16, StormCAD Version 5.5, and WSPRO software. Debbie Wilson, AICP Senior Environmental Planner AICP, #4401 29 24 Kevin Ergle, P.E. Erosion, Sediment, and CMP P.E., #032317 (GA), #45460 (MN) 55Kevin Ergle is proficient in MicroStation, CAiCE, and several Haested Methods drainage software packages. Mark Kilby, P.E. Stormwater Permitting P.E., #15546 (GA), #18081(AL), #19928 (NC), #23996 (SC), #12576 (TN) 36 4.5 Ray Strychalski, RLA Landscape Architecture RLA, #LA000961 (GA), #402 (AL), #LA80860007 (IN), #1043 (MD), #618 (SC), #00000492 (TN) 26 2 Ron Pate, EIT, RLS (Street Smarts) Field Survey RLS, #2807, GA; EIT, #17737, GA; PLS, #24273, SC; LS, #6646, FL 20 Ron Pate has completed course work at Gainesville State College in the Geographic Information Systems (GIS) Certification Program. Key Personnel 12OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES STAFF MEMBER ROLE PROFESSIONAL REGISTRATIONS YEARS OF EXPER. YEARS WITH FIRM EXPERIENCE (WORK/SOFTWARE) Santanu Sinharoy, P.E. (United) Geotechnical Engineer P.E., #20064, GA (+ 3 other states) 25 12 Santanu Sinharoy has been professionally trained to use the software required by GDOT, including GSView 2.7 - Finite Element Analysis for Soil-Structure Interaction Problems and Microstation V8. David Quickle (Street Smarts) Subsurface Utility Engineer None 25 David Quickle is Metrotech certified. Bruce Nicholson (KCI Technologies) Construction Manager None 40 6 William DeMore (KCI Technologies) Senior Inspector None 34 3 Craig Gresham, P.E., ACIP Travel Demand Modeling P.E., #027202 (GA), #026455 (NC), #0402-038024 (VA); AICP, #018469 11 9 Craig Gresham is fully proficient in the TransCAD platform and most widely-used travel demand modeling software packages, including the Citilabs suite of platforms (MinUTP, TP+/Voyager/Cube, and Tranplan) and QRS II. Craig also is highly proficient in ESRI-based GIS software. Sean Johnston, P.E. Streetscape/Pedestrian P.E., #29245, GA 8.5 3.5 Sean Johnston’s software training includes Microstation J Version 07.01.04.16, CAiCE Visual Transportation 10-SP3, HECRAS Version 3, and StormCAD Version 5.5. Cristina Pastore, P.E. Traffic Engineer P.E., #72781, OH 33Cristina Pastore is skilled in software programs including Synchro, HCS, Cube, ArcGIS, AutoCAD, and Microsoft Access. Jeff Smith, EIT Access Management EIT, #22210, GA 33Jeff Smith is skilled in AutoCAD, Highway Capacity Software, and Synchro 6. Roger Henderson, AICP, P.E. Bike/Pedestrian/Streetscape Planning AICP; P.E., #22244 (NC) 28 8 Mark Dunzo, P.E. Transit/TDM P.E., #023562 (NC), #6201054031 (MI) 15 13 Mark Dunzo is proficient in transportation planning and GIS software packages, including ArcView, TRANPLAN, EMME/2, QRS II, MINUTP, and UTPS. Matt Noonkester, AICP Transit/TDM AICP, # 016742 11 7 Matt Noonkester is a certified instructor for CommunityViz software. Connie Cooper, FAICP (Cooper Consulting) Land Use FAICP, #4416 30 18 Key Personnel (cont.) 13OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES STAFF MEMBER ROLE PROFESSIONAL REGISTRATIONS YEARS OF EXPER. YEARS WITH FIRM EXPERIENCE (WORK/SOFTWARE) Ken Bleakly, AICP (Bleakly Advisory Group) Economic Analysis AICP 25+ 7 James Duncan, FAICP (Duncan Assoc.) Impact Fees FAICP, #2881 43 30 Joel Stone, P.E. (JFS Consulting) Financial Planning/Programming P.E., #6281, GA 40 8 Kristine Hansen-Dederick, AICP (Sycamore) Public Outreach AICP 86 Alex Trouteaud, Ph.D. (Schapiro) Public Polling/Opinion Surveys None 84 Key Personnel (cont.) 14OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES SPECIAL QUALIFICATIONS „ Has provided transportation engineering consulting services in the Atlanta area for more than 30 years „ Has been responsible for hundreds of traffic studies and transportation design projects for various clients, including the ARC, GDOT, GRTA, MARTA, and many cities and counties in the Atlanta area PROFESSIONAL CREDENTIALS Bachelor of Science, Engineering, University of South Carolina, 1972 Professional Engineer in Georgia PROFESSIONAL AFFILIATIONS Institute of Transportation Engineers, Georgia Section (past president) American Consulting Engineers Council of Georgia (past president) American Society of Civil Engineers Institute for Georgia Environmental Leadership, Charter Member Midtown Alliance — Blueprint Midtown Steering Committee; Transportation Task Force Chair; Leadership Program, Class of 1995 Peachtree Corridor Task Force — Mobility Committee Chair Council for Quality Growth — Board Member and Transportation Committee Chair RELEVANT EXPERIENCE Atlanta Regional Commission, Southern Regional Accessibility Study, Atlanta, GA — Project Manager. Kimley-Horn served as a subconsultant on this study of transportation accessibility in the six counties south of Atlanta (south Fulton, Henry, Clayton, Fayette, Coweta, and Spalding). The firm performed a field inventory and collected additional information for all of the major roadways and other transportation facilities in the six-county study area. We created a comprehensive existing conditions report and maps showing physical conditions, including number of lanes by segment, median types, signal locations, railroad crossings, bicycle/pedestrian facilities, etc. Kimley-Horn also prepared the transportation-related needs assessment based on the existing conditions inventory; information gained from city, county, and regional plans; and results of transportation modeling. The study results will be used in developing recommendations to enhance accessibility in the southern portion of Atlanta. Piedmont Road Transportation Study, Atlanta, GA — Principal-in-Charge. Kimley-Horn is working with the Buckhead Community Improvement District on a multi-modal mobility and access study for this 3.5- mile corridor in the Buckhead community of Atlanta. The existing street facility includes a variety of land uses, travel characteristics, and stakeholders. The project is being driven by a comprehensive stakeholder involvement process designed to engage business owners, employers, and residents, as well as public agencies. Stakeholder involvement, along with evaluation of existing and projected traffic conditions and accident analysis, will lead to a program of solutions, both short- and long-term, to improve the corridor for all modes of transportation. Central Atlanta Progress, Imagine Downtown Capital Improvements Program (Simpson-West Peachtree Rail Connections), Atlanta, GA — Project Director. As prime consultant, Kimley-Horn is providing project management, environmental, design, permitting, and construction phase services for the Simpson Street-West Peachtree Street Corridor Improvements. The vision is to create a safe, functional, pedestrian-friendly, and green environment to link the Georgia Aquarium and the World of Coca-Cola with both the Civic Center and the Peachtree Center MARTA stations. Special consideration has been given to improve drainage and encourage pedestrian use along the corridor. Design improvements also include on- street parking with bulb-outs on West Peachtree Street, a raised pedestrian-friendly intersection at West Peachtree Street and Simpson Street, street lights, trash cans, benches, and planters. Part of the Livable Centers Initiative, the project is being approved by both Georgia DOT and the City of Atlanta Department of Public Works. The projects listed below were performed by Mr. Ellis prior to joining Kimley-Horn and Associates, Inc. in 2004. Traffic/Access Management Analysis „ Georgia Aquarium/World of Coke, Atlanta, GA „ Atlanta Symphony Hall, GA „ 14th Street/15th Street evaluation for the Midtown Alliance, Atlanta, GA „ Abernathy Road/Georgia 400 Interchange, Fulton County, GA Mr. Ellis has performed hundreds of traffic studies over the course of his career, including analyses with access management components. G. EDWARD ELLIS, P.E. Principal-in-Charge Resumes 15OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES RELEVANT EXPERIENCE Widening and Reconstruction of Battle Creek Road and Mt. Zion Boulevard, Clayton County, GA — Project Manager. Kimley-Horn is providing roadway design and NEPA documentation services to the Clayton County Department of Transportation and Development for the widening of Battle Creek Road and Mt. Zion Boulevard. These two projects involve the widening of two-lane urban collectors to four lanes with a 20-foot raised median and urban shoulders consisting of curb and gutter and sidewalk. Kimley-Horn is responsible for concept, preliminary, right-of-way, and final plan development, as well as preparation of the required environmental assessment. I-75/Rocky Face Interchange Reconstruction, Whitfield County, GA — Project Manager. Kimley- Horn is designing the reconstruction of this partial cloverleaf interchange. Reconstruction will feature new highway lanes, collector distributor roads, and five ramps. Kimley-Horn’s services encompass concept validation; traffic maintenance; hydraulic studies; and the design of preliminary roadway plans, the I-75 bridge over US 41, multiple culverts, and drainage. Georgia Ports Authority, SR 307 Grade Separation, Savannah, GA — Project Manager. The grade separation of SR 307 from rail traffic was identified in the Chatham County Intermodal Freight Study. As a subconsultant to Moffatt & Nichol, Kimley-Horn is responsible for the design of a bridge and approaches to carry SR 307 traffic over both existing (Norfolk Southern) and proposed (Intermodal Facility) railroad tracks. SR 307 presently has an at-grade crossing with the Norfolk Southern Foundation lead track. The Georgia Ports Authority has long-range plans to install up to 12 working tracks and eight storage tracks at the James D. Mason Intermodal Container Transfer Facility (ICTF). Additionally, a connection from the working and storage tracks on the south end of the ICTF is necessary for train movements into and out of the facility. Eventually, 14 tracks will lie across the present location of SR 307. The grade separation will provide for safer and more efficient movement of vehicles. Kimley-Horn also is providing environmental documentation. Campground Road Extension, Henry County, GA — Project Manager. Kimley-Horn is assisting Henry County with concept development and roadway design for this 2-mile extension just south of Stockbridge. The project area has become increasingly congested, reducing mobility in and through this part of the county. The extension of Campground Road faces numerous issues including rapid residential and commercial development, a grade-separated railroad crossing of Norfolk Southern Railroad, and numerous stream crossings. Georgia DOT, SR 10/US 78 Widening and Lexington Bypass, Clarke and Oglethorpe Counties, GA — Project Director. Kimley-Horn is providing design plans for approximately 8 miles of widening along US 78 as well as a new location bypass for US 78 around the town of Lexington in neighboring Oglethorpe County. The project includes a total of 18 miles of both widening and new location roadway design, including bridge and environmental elements. GRIP Work Order Contract, various locations, GA — Project Manager. Kimley-Horn is providing various design and engineering services for the preparation of concepts; preliminary and right-of-way plans; special studies; specifications; and final construction plans on roadway and bridge projects associated with the Governor’s Road Improvement Program (GRIP). Willeo Road Widening, Roswell, GA — Project Manager. Kimley-Horn completed designs for widening 0.68 mile of an existing two-lane facility to accommodate 4-foot bicycle lanes, curb and gutter, and the SPECIAL QUALIFICATIONS „ Has 13 years of experience preparing designs and plans using Georgia DOT roadway standards and design criteria „ Fully proficient in the use of CAiCE, CEAL, and MicroStation design software „ Experienced in the design of intersections and rural and urban roadways PROFESSIONAL CREDENTIALS Bachelor of Science, Civil Engineering Technology, Southern College of Technology, 1995 Professional Engineer in District of Columbia and Georgia American Society of Highway Engineers GARY T. NEWTON, P.E. Project Manager/Design Lead 16OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES addition of a sidewalk. This project connected the sidewalk and bike path from the Chattahoochee River Recreational Area to the city’s residential areas. Through a series of public meetings, we developed a context-sensitive design that included a colored sidewalk on one side of the road to reduce impacts, landscaping to create a linear park, and the use of curb and gutter. SR 21, Effingham and Screven Counties, GA — Project Engineer. Prepared more than 100 deeds using CAiCE deed writing program. Kimley-Horn provided right-of-way revisions, plats, and deeds, as well as final design of two sets of dual bridges. One set of duals over the Central of Georgia Railroad is a three-span bulb tee structure. The other set of duals is located over Mill Pond Creek and is planned to be a single-span bulb tee structure. Kimley-Horn also provided final plans for 10.2 miles of widening from two-lane to four-lane divided highway. SR 17/72 Interchange, Elberton, GA — Project Manager. Kimley-Horn provided preliminary, right-of-way, and final plans for a new trumpet interchange. The new interchange replaces an at-grade intersection. Approximately .7 mile of SR 72 was improved from a two-lane rural facility to a four-lane divided facility with a 20-foot median, curb-and-gutter, and a closed drainage system. Approximately .8 mile of SR 17 was improved from a two-lane rural facility to a four-lane divided facility with a 400-foot bridge over SR 72 and a railroad track, a 300-foot bridge over Falling Creek, and a 250-foot bridge over the railroad. Project also featured the relocation of two local roads and drainage designs for all proposed facilities. SR 15/US 29, Jackson and Clarke Counties, GA — Project Engineer. Kimley-Horn was responsible for concept, preliminary, right-of-way, and final plans for upgrading approximately 7 kilometers of two-lane rural highway to a four-lane divided facility. A railroad track runs throughout most of the corridor. Improvements were made to the substandard vertical and horizontal alignments while accommodating minimum clear zone. SR 24 Widening, Washington County, GA — Project Manager. Kimley-Horn provided preliminary plans and concept validation for upgrading 8.15 miles of two-lane rural highway to a four-lane divided facility. The project featured a 572-foot parallel bridge over Buffalo Creek and a 102-foot parallel bridge over Buffalo Creek overflow. Macon Road Widening (from Woodruff Farm Road to US 80), Columbus, GA — Project Engineer. Kimley-Horn was responsible for the design of this 6-kilometer roadway widening from a two-lane to a four-lane section with curb-and-gutter and a 6-meter raised median in urban and rural rolling terrain. Project included replacing a bridge and upgrading horizontal and vertical geometrics to meet proposed 70- and 90-kilometer/hour design criteria. Jonesboro Road Widening, McDonough, GA — Project Engineer. Kimley-Horn provided preliminary, right-of-way, and final plans for widening a 5-kilometer section of a two-lane rural highway to a four-lane divided facility for Georgia DOT. The proposed roadway improved the vertical alignments and made use of curb and gutter, bicycle lanes, sidewalks, and a closed drainage system. A bridge over Birch Creek was replaced with a quadruple 10x12-foot box culvert. Numerous side road and driveway designs also were featured in the plans. The project included a public information meeting. Old Ellis Road Widening, Roswell, GA — Project Engineer. This project included a corridor study to evaluate the future extension of Old Ellis Road to other corridors and design of a 2,500-foot, three-lane roadway with curb-and-gutter and sidewalk. Existing horizontal and vertical curvature required reconstruction to meet the proposed 45-mph design speed. The roadway design also involved replacement of the existing water facilities, utility adjustments, closed drainage systems, signing and marking, and maintenance of traffic. Fort Valley Bypass, Peach County, GA — Project Manager. Kimley-Horn provided final plans for widening a 7.05-kilometer section of a two-lane rural highway to a four-lane divided facility. Drainage designs were prepared for the entire facility. Services included preparation of plans for maintenance of traffic, erosion control, and signing and marking. Numerous side road and driveway designs also were featured in the plans. GARY T. NEWTON, P.E. RELEVANT EXPERIENCE (CONT.) 17OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES RELEVANT EXPERIENCE Prior to her private sector career, Ms. DiMassimo was employed by FHWA in Georgia and Alabama from 1991 to 2000 and by local and regional governments and agencies (Lee County Area Council of Governments, Auburn, AL; City of Auburn, AL; and Lee-Russell Council of Governments, Opelika, AL) from 1982 to 1991. All projects listed below were performed by Ms. DiMassimo prior to joining Kimley-Horn and Associates, Inc. in 2008. ARC Policy Support Services, Atlanta, GA — As a subcontractor to HNTB, prepared non-traditional funding sources/fiscal constraint white paper and led Post Envision 6 planning studies strategy. GRTA General Engineering Services, Atlanta, GA — Principal-in-Charge. Project involved the implementation of the Express Bus Service program sponsored by GRTA. Consisted of multiple work order contracts through which individual park-and-ride lots were designed. Services included site selection, traffic planning, public outreach, and complete designs from concept through final plans. Permitting and PDP coordination also were major components of each park-and-ride lot work order. Ms. DiMassimo was responsible for the environmental documentation. Buford Highway Corridor Study, Atlanta, GA — Principal-in-Charge. This project was among the first of a series of corridor studies that were models for regional corridor planning in the metropolitan Atlanta area. The desired outcome of the corridor study was transportation and land use recommendations that addressed existing and future transportation needs, supported Livable Centers Initiative (LCI) projects and transit-oriented development, and promoted business vitality and economic development along the corridor. The study included the identification of transportation deficiencies in the corridor, assessment of the benefits and costs of alternative strategies, and building consensus on a preferred set of integrated transportation and land use alternatives. Tara Boulevard Corridor Study, Atlanta, GA — Principal-in-Charge. The Atlanta Regional Commission initiated a multimodal study for a major travel corridor. Tara Boulevard was among the first in a series of corridor studies serving as a model for regional corridor planning in the metropolitan Atlanta area. The desired outcome of the corridor study was transportation and land use recommendations that addressed existing and future transportation needs, supported Livable Centers Initiative (LCI) projects and transit- oriented development, and promoted business vitality and economic development along the corridor. State Route 6, Atlanta, GA — Principal-in-Charge. This project involved a corridor planning study along Georgia SR 6, which traverses Fulton, Douglas, Cobb, and Paulding Counties. Anchored by the Hartsfield-Jackson International Airport to the south and by the Norfolk Southern Intermodal Transfer Facility to the north, transportation demands along SR 6 have increased significantly in recent years. Observations showed truck traffic heading toward the Atlanta region from the north diverting to alternate routes, including SR 6, to bypass the traffic associated with Atlanta interstates. The influx of both freight and increased commuter traffic, coupled with existing and new commercial development, made the SR 6 corridor increasingly difficult to travel during peak hours. This comprehensive study reviewed the different transportation modes accessing the SR 6 corridor and made recommendations for improvements in safety, congestion mitigation, traffic flow, and improved land use. The completed corridor plan recommended improvements for alternative travel modes in the corridor including roadways, transit, and pedestrian and bicycle infrastructure. The final product also included supporting land use policies and actions. SPECIAL QUALIFICATIONS „ More than 25 years of experience in transportation planning and environmental planning and compliance „ Experience encompasses transportation planning; transit and multimodal planning; air quality conformity; environmental planning, assessments, documentation, and compliance; and community and land use planning PROFESSIONAL CREDENTIALS Master of Community Planning, Auburn University, 1992 Master of Public Administration, Auburn University, 1989 Bachelor of Science, Public Administration, Auburn University, 1982 PROFESSIONAL AFFILIATIONS American Institute of Certified Planners Georgia Planning Association Park Pride, Board Member Institute for Georgia Environmental Leadership, Board Member FAYE Q. DIMASSIMO, AICP Project Manager/Planning Lead 18OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES Coweta County Comprehensive Transportation Plan, GA — Principal-in-Charge. The Coweta County Joint Comprehensive Transportation Plan (CTP) developed a long-term vision for 2030 mobility, connectivity, and accessibility within the County and the seven municipalities. The plan addresses current and future needs associated with all aspects of the County’s transportation system. The plan coordinates with both regional transportation issues and the simultaneous development of the Coweta County Comprehensive Land Use Plan to formulate a package of transportation and land use strategies to better prepare for future transportation demand. Recommendations will be developed, followed by an implementation plan. Extensive public involvement/outreach is a major plan component consisting of stakeholder interviews, public workshops and meetings, community presentations, a CTP web site, and periodic newsletters. Newton County Comprehensive Transportation Plan, GA — Principal-in-Charge. Responsible for overall development and administration of countywide multimodal plan with particular emphasis on land use development and connectivity. Cobb County Transit Planning Study, Cobb County DOT, GA — Principal-in-Charge. The purpose of this study was to produce a plan for enhancing transit services countywide through recommended service and capital improvements. Study elements included on-board surveys, public involvement, fare structure review, bus stop program evaluation, customer service program review, and new service feasibility. Clayton County Comprehensive Transportation Plan, GA — Principal-in-Charge. Responsible for overall development and administration of countywide multimodal plan with particular emphasis on safety and economic development. Metropolitan Atlanta Rapid Transit Authority (MARTA) General Planning Consultant, GA — Program Manager. As the program manager for this five-year, $11-million project, Ms. DiMassimo was responsible for general oversight and project management for a variety of studies for MARTA, including corridor alternative analyses, environmental impact statements, and conceptual engineering reports, including: „ I-20 East Corridor Feasibility Study and Alternatives Analysis — This study examined opportunities to extend MARTA’s heavy rail line and/or provide alternative transit services as needed in the corridor and focused heavily on community involvement, land use planning, and funding strategies. „ West Line Alternatives Analysis/Draft Environmental Impact Statement — Completed the MARTA West Line alternatives analysis (AA) and draft environmental impact statement (DEIS) to identify and examine likely environmental, social, and economic impacts; costs; and benefits of expanding transit services between the existing MARTA rail line at Hamilton E. Holmes Station and Fulton Industrial Boulevard — a distance of approximately 4 miles. „ Identification of Bus Rapid Transit Corridors — MARTA is exploring opportunities to implement bus rapid transit (BRT) service in travel corridors throughout their service area. The study process included reviewing domestic and international BRT systems, identifying potential BRT corridors, and ranking these corridors based on the potential for instituting effective BRT service. Follow-up tasks included developing implementation plans for the six top-rated arterial-based BRT corridors. „ Beltline/C-Loop Light Rail Feasibility Study — This project developed a concept or master plan/vision for the study area as well as the purpose and need and implementation plan for a transit capital investment. A comprehensive stakeholder outreach program was used, and the project examined multiple technologies, alignments, and coverage area and evaluated major constraints as well as impacts to the natural and built environment, including air quality considerations. „ North Line Alternatives Analysis — The study area extends north along GA 400 from the existing North Springs station to Windward Parkway and is one of the fastest growing areas in metropolitan Atlanta. Developed an innovative approach to merging land use and transit analysis with the potential for the North Line to be considered as an LCI. Alpharetta Supplemental LCI, GA — Principal-in-Charge. Responsible for overall guidance and management for this downtown LCI study. FAYE Q. DIMASSIMO, AICP RELEVANT EXPERIENCE (CONT.) 19OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES Resume Summaries — Key Personnel Jerry Brooks, P.E., a senior design engineer with more than 30 years of experience in both urban and rural roadway design, has been involved in all phases of project development from concept through construction. He is familiar with the GDOT Plan Development Process, Plan Presentation Guide, and AASHTO guidelines and has served as project manager for more than $130 million in roadway projects for GDOT and local governments. Mr. Brooks’ project management experience includes road programs in Henry, Fulton, and Gwinnett Counties. Additional experience includes the I-75/I-285 Interchange (Kennedy Interchange) in Cobb County, 14th Street at I-75/I-85 in Downtown Atlanta, SR 120/Maddox Street Extension in Alpharetta, SR 53/Mars Hill Road in Oconee County, State Bridge Road in Fulton County, and Eagles Landing Parkway at I-75 in Henry County. Mr. Brooks received his BS degree in civil engineering technology from the Southern College of Technology in 1979. Peter Coakley, P.E. has eight years of experience in both the construction and design of roadway projects, including serving as an analyst on a $37 million interchange reconstruction project and designing three rural four-lane widening projects. His main area of focus has been roadway design and roadway hydrology. Mr. Coakley has performed horizontal and vertical geometry for concept development and validation, as well as horizontal and vertical geometry, maintenance of traffic, erosion and sediment control, roadway drainage design, and wetland hydraulic studies for preliminary plans. His relevant experience includes the Rocky Face Interchange Reconstruction in Whitfield County and Campground Road Extension in Henry County. Mr. Coakley received his BS degree in civil engineering technology from Southern Polytechnic State University in 2000. Kenn Fink, P.E. specializes in traffic operations, traffic signal systems, and ITS including fiber-optic communication planning and design. He also is accomplished in systems feasibility, traffic operations, and transportation planning. Mr. Fink has worked on operations and systems projects throughout the U.S. His traffic operations experience includes extensive work in signal optimization, signal warrant analysis, and intersection analysis. Mr. Fink’s most recent Atlanta Metro Signal Timing and Optimization project for Georgia DOT involves extensive signal timing evaluation. In addition, he has performed signal timing and evaluation projects, including significant before-and-after evaluations of arterial operations to develop benefit-to-cost ratios of the signal re- timing efforts. Mr. Fink received his MS degree in civil engineering from Texas A&M University in 1993 and his BS degree in civil engineering from The Pennsylvania State University in 1992. David Stricklin, P.E., S.E. has 12 years of experience in structural engineering, including bridge design. Mr. Stricklin’s project responsibilities range from substructure design calculations to plan preparation to construction phase services. His related experience includes serving as project engineer for the widening of a two-span steel girder bridge over Delk Road in Cobb County. He also has prepared bridge designs for the North Carolina and Virginia DOTs and the Clark County (NV) Department of Public Works. Mr. Stricklin has extensive experience using numerous software packages, including MicroStation, GDOT Bridge Design software, RC Pier, Merlin-Dash, Conspan, and Descus. He received his MS and BS degrees in civil engineering from Clemson University in 1996 and 1994, respectively. Bryon Letourneau, P.E. is experienced in the development of models for the analysis of hydraulic crossings of roadway projects in Georgia. His project specific experience includes the hydraulic studies at SR 70/ Fulton Industrial Boulevard at Sandy Creek in Fulton County; SR 27/US 341 at Little Satilla Creek in Wayne County; State Bridge Road at Long Indian Creek in Fulton County; SR 22 Spur/Macon Road at Flat Rock Creek in Muscogee County; and SR 21 at Mill Pond Creek in Effingham County. Mr. Letourneau received his BS degree in civil engineering from the Georgia Institute of Technology in 1997. Debbie Wilson, AICP offers professional experience assessing the environmental impacts of transportation projects across the US. Ms. Wilson specializes in environmental documentation, project management, socioeconomic/land use analyses, and public involvement. Through the preparation of environmental assessments and environmental impact statements, she regularly coordinates with federal, state, and local resource agencies. Her recent environmental project experience includes managing the EIS for the Extension of the Fifth Runway at Hartsfield-Jackson Atlanta International Airport. Currently, Ms. Wilson is managing environmental and public involvement tasks for SR 400 HOV Lanes in Fulton and Forsyth Counties (a GDOT project). She holds a Master of City and Regional Planning degree from Harvard University and a BA in political science from John Carroll University. Kevin Ergle, P.E. has provided urban and rural roadway design services throughout Georgia. His recent project experience includes multiple DOT intersections, a major interchange in Bibb County, and roadway widening assignments in Gwinnett and Forsyth Counties. Mr. Ergle has been involved in all facets of plans production, from concept development to submission of contract plans. He is proficient in MicroStation, CAiCE, and several Haested Methods drainage software packages. Mr. Ergle received his BS degree in civil engineering from Auburn University in 2001. Mark Kilby, P.E. has more than 30 years of experience in civil engineering. His background includes site design of office buildings, multi- and single-family residential, commercial, and industrial properties, as well as parks and greenway systems. Mr. Kilby has been responsible for infrastructure design, including roads, bridges, dams, and stormwater management. He also has been responsible for the structural design of interstate highway bridges, box culverts, vertical wall 20OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES Resume Summaries (cont.) channels, and pedestrian bridges, as well as drainage design for open channels, closed conduit drainage systems, and floodplain studies. Mr. Kilby’s experience includes serving as project manager for Allen Wilson Terrace, Columbia Park/Avondale MARTA Station Development, the Greenbriar Town Center LCI Study, and McDaniel Glenn Redevelopment. He received an MS degree in civil engineering from Memphis State University in 1982 and a BS degree in civil engineering from North Carolina State University in 1972. Ray Strychalski, RLA has spent most of his 26 years as a licensed landscape architect and land planner serving clients in Georgia. His wide variety of large-scale land planning endeavors include traditional neighborhood developments (TNDs), urban infill developments, mixed-use developments, commercial and retail centers, corporate campuses, and office and hotel complexes. Awards for Mr. Strychalski’s designs include the 2004 Atlanta Urban Design Commission Award of Excellence for the Georgia World Congress Center Phase IV, West Plaza/Field of Dreams, and the 2004 Atlanta Urban Design Commission Award of Excellence for Alta West. He holds a Bachelor of Landscape Architecture from Purdue University. Ron Pate, RLS, EIT has more than 14 years of surveying experience and four years of engineering experience with the Georgia Department of Transportation. As a senior survey manager with Street Smarts, Inc., his experience includes direct supervision of eight conventional survey crews, one Global Positioning System (GPS) and two utility designation crews. Mr. Pate holds BS and AAS degrees in civil engineering technology. He also has completed course work at Gainesville College in the Geographic Information Systems (GIS) Certification Program. Santanu Sinharoy, P.E. serves as a senior geotechnical engineer with United Consulting. He has supervised the completion of numerous geotechnical subsurface investigations, related design and construction of shallow and deep foundation systems, post-construction evaluation and analysis, soil densification, construction materials inspection and construction management, as well as environmental site assessment and feasibility studies. Mr. Sinharoy’s experience also includes geotechnical design for foundations and underground structures for a variety of projects, including air pollution control units, bridges, and machine foundations. His Georgia experience includes Cobb County Road Widening Projects, Cobb and Gwinnett County Bridges, the Riverside Parkway Interchange at SR 316 in Gwinnett County, and the 5th Runway/I-285 Bridge in Atlanta. Mr. Sinharoy received his MSCE from Clemson University in 1989. David Quickle of Street Smarts has 25 years of experience in the subsurface utility engineering (SUE) industry and has been involved with the service since its inception, performing as director, manager, and consultant on numerous contracts and projects. He has worked with State Highway Departments and municipalities during early design stages, reducing the cost and time required to complete highway and capital improvement projects. Mr. Quickle has been involved with SUE since 1983. Since that time he has managed and completed utility designating projects up to 20 miles in length and utility locating projects comprising of over 700 test holes. Mr. Quickle is Metrotech certified. Bruce Nicholson, a construction manager with KCI Technologies, Inc. has nearly 40 years of experience with the Georgia DOT as an employee and consultant. His years with the Department include experience in construction, traffic operations, and maintenance. This multi-faceted background provides Mr. Nicholson with the knowledge, skills, and abilities to manage KCI’s current contract with Georgia DOT for District 1 Construction Engineering and Inspection Services. In 1999 and 2000, Mr. Nicholson served as Construction Liaison Engineer from the State Construction Engineer’s office. He holds a BS degree in mathematics and secondary education, and his certifications include: Georgia CDL Class A, Adult CPR/First Aid, Worksite Erosion Control Training, and Materials Sampling Training. William DeMore, a senior inspector with KCI Technologies, Inc., has 34 years of experience working for Georgia DOT. During his tenure with the Department, Mr. DeMore was involved in the construction of 25 miles of four-lane divided roadways on new location, including grading, drainage, base, paving, and bridge construction. He also served as project manager on major construction projects such as US 441 in Banks and Habersham Counties. Mr. DeMore joined KCI shortly after his retirement from GDOT. His recent experience includes providing construction inspection services for the US 441/SR 15 Reconstruction in Rabun County, which involves construction of three parallel bridges, reconstruction of three existing bridges, and a “mini” interchange at Rabun County High School. Craig Gresham, P.E., AICP specializes in travel demand model development, use and applications of geographic information systems, and use of travel demand models to support planning efforts such as corridor studies, long range transportation plans, National Environmental Policy Act (NEPA) studies, and systems level and area studies. Prior to joining Kimley-Horn, Mr. Gresham spent three years in the North Carolina DOT’s transportation planning branch focused on transportation modeling for large metropolitan areas, traffic forecasts, and coordination for Metropolitan Planning Organizations. He currently manages TransCAD model development or model enhancement efforts on several projects including the Sumter (SC) Urban Area Transportation Study to support their LRTP update, the Greenville (NC) MPO, the Memphis (TN) MPO travel demand model update, and the Charlotte (NC) regional travel demand model update. Mr. Gresham received MS and BS degrees in civil engineering from North Carolina State University in 1997 and 1995, respectively. 21OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES Resume Summaries (cont.) Sean Johnston, P.E. joined Kimley-Horn in 2004 with design experience encompassing geometric roadway design, construction staging, hydraulics and hydrology, and storm water management. He is experienced with designing interstate highway and interchange facilities, major arterial widening, new location roadway projects, and bridge replacements. Mr. Johnston has served as task manager and deputy project manager for projects ranging from minor intersections and bridge replacements to major arterial highway widening and reconstruction. He received his Bachelor of Civil Engineering degree in 1999 from the Georgia Institute of Technology. Jeff Smith, EIT is a transportation analyst in Kimley-Horn’s Atlanta- Midtown office. He specializes in transportation planning and traffic operations for both private and public clients. He also is skilled in the use of AutoCAD, Highway Capacity Software, and Synchro 6. Mr. Smith received his BS degree in civil engineering from the Georgia Institute of Technology in 2005. Cristina Pastore, P.E. has three years of experience in transportation engineering and planning. Skilled in the use of Synchro, HCS, Cube, ArcGIS, AutoCAD, and Microsoft Access software, she specializes in Developments of Regional Impact (DRIs) analyses and traffic impact studies. Ms. Pastore’s relevant experience includes serving as project analyst on the Southern Regional Accessibility Study, Decatur Community Transportation Plan, and 22 14th Street, a mixed- use development. She received an MS degree in civil engineering and Master of City and Regional Planning from Georgia Institute of Technology in 2005 and a Bachelor of Civil Engineering from the University of Akron in 2003. Roger Henderson, AICP, P.E., PTOE, a non-traditional transportation planner, offers 28 years of experience in citywide and corridor transportation plans. Mr. Henderson specializes in urban transportation planning, citywide and corridor studies, activity center transportation planning and traffic engineering, transit centers, transportation policy, municipal traffic engineering, and neighborhood studies. His experience has shown that stakeholders who truly understand why an improvement is necessary and how the change will impact them are much more likely to support a project. In addition, he has extensive experience and training in Context Sensitive Solutions (CSS), consensus building, charrettes, and focus groups. Mr. Henderson recently served as senior transportation planner on the Decatur Community Transportation Plan. He received his MS degree in transportation engineering from the University of California at Berkeley in 1985 and his BS degree in civil engineering from Purdue University in 1980. Mark Dunzo, P.E. has 15 years of experience in a variety of transportation engineering and planning disciplines. Mr. Dunzo has significant experience in the preparation of PS&E packages for intelligent transportation systems projects and researching ITS technologies for ITS planning and design projects. He is Chair of the North Carolina Section ITE Traffic Engineering Council and a member of the Urban and Regional Information Systems Association and the Transportation Research Board. Mr. Dunzo has served as project manager or lead engineer on numerous transportation projects including the Norfolk (VA) Advanced Traffic Management System, Okaloosa County (FL) Signal System Design, and Cary, Burlington-Graham, and Durham (NC) Signal System Designs. Currently, he is managing the integration of the NCDOT Division 9 and Division 7 Transportation Management Centers. Mr. Dunzo is a 1995 graduate of the Master of City and Regional Planning program at the University of California at Berkeley. He received his MS degree in civil engineering from the University of California at Berkeley in 1993 and his BS degree in civil engineering from the Massachusetts Institute of Technology in 1991. Matt Noonkester, AICP, PTP has 12 years of transportation planning experience managing a wide variety of projects including systems level planning for bicycle, pedestrian, and transit facilities; streetscape design; utility placement; transportation modeling and traffic forecasting; and local government policy planning. His experience includes preparing bicycle and pedestrian plans for MPOs and local governments; completing transportation master plans for communities interested in integrating the needs of automobiles, transit users, bicyclists, and pedestrians into one transportation system; and creating conceptual plans and typical cross sections for new and existing roadways earmarked for multimodal treatments. Mr. Noonkester served the Miami-Dade MPO as project manager on the Bicycle/Pedestrian Project Feasibility Evaluation. He also has served on projects for Miami- Dade MPO, City of Miami, City of North Miami, City of Miami Lakes, and City of South Miami. Mr. Noonkester is experienced in completing transportation master plans for communities that integrate the needs of automobiles, bicyclists, and pedestrians into one transportation system. Mr. Noonkester received a BA in urban planning from the University of Illinois in 1997 and an MS in urban planning from Florida State University in 2000. Connie Cooper, FAICP, former national president of the American Planning Association, has 30 years of experience in planning and community development at the state, county, and local levels. President and owner of Cooper Consulting Company, Ms. Cooper’s experience encompasses urban redevelopment; transportation; strategic planning; community goal setting and visioning; comprehensive planning; economic development; zoning and subdivision; housing; land development; and intergovernmental cooperation. In addition, she has considerable experience as the principal participant in more than 100 projects related to county and municipal governments; federal agencies; community organizations; chambers of commerce; private corporations; and individuals. Ms. Cooper received a BA degree in political science from Mississippi State University and a Master of Urban and Regional Planning degree from the University of Mississippi. 22OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES Resume Summaries (cont.) Ken Bleakly, AICP, president of Bleakly Advisory Group, has been a practicing real estate consultant and advisor for over 25 years. Mr. Bleakly’s areas of practice include market and financial analysis, public/ private partnerships, public finance, and project implementation. He has performed more than 300 market studies throughout his career, assisting clients on a national basis with complex real estate issues. Mr. Bleakly also has designed innovative economic development strategies and assisted with corporate relocation and incentive negotiation. A a frequent speaker at regional and national meetings on development issues, Mr. Bleakly has authored or co-authored numerous publications on community development, economic impact analysis, development financing, urban homesteading, and cost-revenue analysis. He received his Master of City and Regional Planning degree from Rutgers University in 1975 and his BA degree in history/political science in 1972. James Duncan, FAICP, President of Duncan Associates, will provide impact fee assistance for this contract. Throughout his career, Mr. Duncan has focused on the development of innovative growth management techniques, the streamlining of land-use controls, and the advancement of development impact assessment methodologies. Mr. Duncan’s career as a city planner has spanned four decades of service to more than 200 cities, counties, regions, and states throughout the nation. A past president of the American Planning Association and its Florida Chapter, he was a pioneer in the development of impact fees in Florida and co-author of the first state impact fee enabling act. Mr. Duncan received a BA degree in journalism and political science from the University of Texas at Austin and an MS degree in regional and city planning from the University of Oklahoma. Joel Stone, P.E., has 36 years of experience in the field of comprehensive planning. As President of JFS Consulting since 2000, Mr. Stone has served numerous public sector clients in the Atlanta region, including the City of Clanton, City of Holly Springs, Town Center Community Improvement District, and Atlanta Regional Commission (ARC). Before starting his consulting practice, Mr. Stone was Director of Comprehensive Planning at the ARC, where he was responsible for the programs in land use, transportation planning, environmental planning, and social economic analysis. Prior to joining ARC, Mr. Stone served as Director of Urban Planning with the State Highway Department of Georgia. He received his Bachelor of Civil Engineering degree and MS degree in civil engineering from Georgia Institute of Technology. Kristine Hansen-Dederick, AICP, principal and co-owner of Sycamore Consulting, brings an innovative mix of creative problem-solving and planning expertise to a broad base of transportation, land use, and public involvement projects. She has played key roles in the development and implementation of numerous public involvement programs for the Georgia DOT, including the 15th Street Bridge High Occupancy Vehicle (HOV) Interchange Project and the Northwest Corridor I-75/I-575 HOV/BRT Project. She also has assisted with the formulation and execution of public involvement plans for the MARTA West Line AA/DEIS and Inner Core Transit Feasibility Study. She most recently participated in the project management team for the Decatur Community Transportation Plan. A 2007 recipient of an Atlanta Regional Commission’s Create Community award, Ms. Hansen-Dederick is a 2002 graduate of the Master of City and Regional Planning program at Georgia Institute of Technology. Alex Trouteaud, Ph.D. of The Schapiro Group (TSG) is a research methodologist with training in applied sociology. Mr. Trouteaud has developed strategic research for clients at the local, state, and national levels. He offers state-of-the-industry skills in research design, statistical analysis, and social measurement. He also maintains close relationships with both the American Association for Public Opinion Research and the Southern Sociological Society. Mr. Trouteaud’s relevant experience includes management of TSG’s projects with the Georgia DOT, Atlanta Regional Commission, Metropolitan Atlanta Rapid Transit Authority (MARTA), and Central Atlanta Progress. He received his BS in Psychology from Eckerd College, and his MA in Sociology and Ph.D. in Applied Sociology from Baylor University. 23OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES Quality Assurance/Quality Control Kimley-Horn recognizes that a quality control/quality assurance program is critical to the success of any project. We have always aggressively pursued our commitment to quality in every task, deliverable, and service, and to that end, we have developed and follow an in-house Quality Control/Quality Assurance Manual. Quality control reviews will take place prior to the submittal of each deliverable to the City of Milton. All quality control documents, plans, and calculations will be maintained by Kimley-Horn’s project managers, Gary Newton, P.E. (Design) and Faye DiMassimo, AICP (Planning). Our quality control program consists of independent plan reviewers with project-specific checklists to make sure that proper design considerations are included. To demonstrate our commitment to quality, Kimley-Horn has assigned internal QC/QA reviewer Jerry Brooks, P.E. for all assignments under this contract. For transportation design projects, Mr. Brooks will perform internal quality control reviews following each design phase of the assignment. Mr. Brooks understands the direct benefits that continuous review of each project element has on the production of quality deliverables. To make sure that quality is incorporated throughout the project and not just added on at the end, Mr. Brooks also will perform continuous production checks for each element as design and plan preparation progress. At Kimley-Horn, each of our employees is ultimately responsible for quality. Individual staff members in every one of our offices are assisted by senior managers who help to make sure that our clients’ needs are understood and honored, and that Kimley-Horn’s own objectives are communicated and met. These senior managers have the authority to call upon the resources they need to get the job done right, whether those resources are located in the local office or in other regions of the firm. Quality projects are no accident at Kimley-Horn. They are assured through a carefully designed system of cross checks and independent reviews. Our project managers make a habit of preparing a quality control plan at the beginning of a project, and we regularly submit these plans to our clients shortly after notice to proceed. We also assemble our project teams with quality in mind. Emphasis is placed upon completing tasks right the first time. In addition, our project managers assign a professional who is not otherwise associated with the project to serve as a quality control advisor and provide detailed project checks from a neutral perspective. Together, our quality control advisors and project managers plan scopes of services, develop project schedules, and determine stages at which projects should undergo reviews. Because our quality review program is implemented from the very beginning of a project, we are able to help save our clients both time and money. 24OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES REFERENCES Design References 1) John Gurbal DeKalb County (770) 492-5261 2) David Jackson, P.E. Cobb County Department of Transportation (770) 528-1660 3) Albert (Butch) Welch Geargia Department of Transportation, Office of Urban Design (404) 631-1690 Planning References 1) Denise Starling Buckhead Community Improvement District (404) 842-2682 The following references are for Faye DiMassimo (Planning Lead): 2) Marvin Woodward Georgia Regional Transportation Authority (404) 463-5608 3) Kofi Wakhisi Atlanta Regional Commission (404) 463-3345 4) Randy Hulsey Douglas County (770) 920-4924 25OY180013.08/Proposal.indd PROFESSIONAL ENGINEERING AND PLANNING SERVICES FINANCIAL Summary of Financial Information Kimley-Horn and Associates, Inc. is an employee-owned company that has been in business since 1967. Our company philosophy includes financing our growth through operations and loans from employees in the form of long-term debentures, not from external lenders. Our current bank debt is isolated to a mortgage note on land. We have a $10 million line of credit which we have not used in the past three years because our operations have provided more than enough working capital. In a tightening credit market, our firm’s independence from external funding sources means that our cash flow will not be disrupted if lenders suddenly change the rules. While the current economic climate is challenging, Kimley-Horn is financially very strong and in an excellent position to capitalize on every opportunity this market offers. A,4 STATEMENT OF QUALIFICATIONS LETTER CITY OF MILTON OFFERORS MUST RETURN THIS SHEET WITH REQ RESPONSE We propose to furnish and deliver any and all of the deliverables and services named in the attached Request for Statement of Qualifications (RFQ) for which prices have been set. The price or prices offered herein shall apply for the period of time stated in the RFQ. It is understood and agreed that this Statement of Qualifications constitutes an offer, which when accepted in writing by Purchasing Office, City of Milton, and subject to the terms and conditions of such acceptance, will constitute a valid and binding contract between the undersigned and the City of Milton. It is understood and agreed that we have read the City's specifications shown or referenced in the RFQ and that this Statement of Qualifications is made in accordance with the provisions of such specifications. By our written signature on this Statement of Qualifications, we guarantee and certify that all items included in this Statement of Qualifications 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 of Milton reserves the right to reject any or all submittals, waive technicalities, and informalities, and to make an award in the best interest of the city. It is understood and agreed that this Statement of Qualifications shall be valid and held open for a period of one hundred twenty (120) days from Statement of Qualifications opening date. STATEMENT OF QUALIFICATIONS SIGNATURE AND CERTIFICATION (Offeror to sign and return with Statement of Qualifications) I certify that this Statement of Qualifications is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Statement of Qualifications for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the Statement of Qualifications and certify that I am authorized to sign this Statement of Qualifications for the offeror. I further certify that no provision of Georgia law has been violated, nor will any provision of Georgia law be violated in any respect. Authorized Signature. -t , i Date July 8, 2008 Print/Type Name Stephen w. Blakley, Jr., P.E. Print/Type Company Name Here Kimley-Horn and Associates, Inc. 27 DELETE A.5 AND REPLACE WITH: $88.00 $70.68 $56.04 $43.67 $31.80 $40.00 $27.25 $18.18 194.29% Kimley-Horn and Associates, Inc.Edwards-Pitman Environmental,Inc. Street Smarts, Inc. United Consulting, Inc. KCI Technologies, Inc. Sycamore Consulting, Inc. Bleakly Advisory Group Duncan Associates Cooper Consulting Company: JFS Consulting: Sub 9 Sub 10 Survey/Poll $18,000-$25,000 $68.25 $68.25 $42.35 $29.00 $13.50 154.84% $60.12 $51.12 $47.00 $41.20 $30.46 $23.62 N/A N/A Senior Planner-$150.00 % Overhead-N/A $96.00 $76.00 $45.00 80% Inspector I-$21.00 Inspector II-$25.00 Senior Inspector-$30.00 Inspector Aide-$18.00 Construction Manager-$45.00 $30.52 $27.88 $30.29 $23.79 $37.01 $46.63 $76.93 $110.58 184.57% $70.00 152% $50.96 $31.50 $21.00 (Outreach Coord.) 184.77% /Leads 0.585 Chief Ecologist-$36.05 Senior Ecologist-$26.50 Project Ecologist-$22.00 Senior Historian-$32.00 Project Historian-$24.00 Principal Investigator-$35.05 Project Archaeologist-$19.95 Air/Noise Specialist-$31.00 Aquatic Specialist-$21.75 $47.83 $32.75 CADD Technician Staff Engineer $30.05 $36.36 138.08% N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A $165.00 N/A $195.00 $125.00 N/A N/A N/A N/A N/A N/A N/A N/A Senior Planner-$160.00 % Overhead-N/A Attorney-$225.00 29 29 A.6 DISCLOSURE FORM CITY OF MILTON OFFERORS MUST RETURN THIS SHEET WITH REQ RESPONSE 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 Offeror __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ Kimley-Horn and Associates, Inc. N/A N/A N/A RFQ 08-001 Street Smarts, Inc. This is the Standard Professional Services Agreement of the City of Milton. Any consultant doing business with the City must enter into this Agreement. PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is effective as of this_____ day of _____________, 2008, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Council of the City of Milton (“City"), and Street Smarts, Inc, a Georgia Corporation, ("Consultant"), collectively referred to as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain Consultant to provide certain services generally described as general engineering and planning services as requested by the City by Task Order (the “Work”); and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work contemplated under this Agreement; and WHEREAS, the Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, the Consultant desires to perform the Work under the terms and conditions set forth in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and NOW, THEREFORE, the Parties hereto do mutually agree as follows: A. Project Description General engineering and planning services as requested by the City by Task Order. B. The Work The Work to be completed under this Agreement (the “Work”) is referenced in the original RFQ 08-001, attached to this agreement by reference (issued by the City of Milton Public Works Department on June 5, 2008) and the Consultant’s original response as attached in Exhibit E. 2 2 C. Schedule, Completion Date, and Term of Agreement The term of this Agreement shall be from the date of execution until December 31, 2008, unless terminated earlier as provided for herein. This Agreement shall automatically renew on January 1, 2009 and on January 1 of each year thereafter absent written notice of non-renewal provided by the City to the Consultant at least sixty (60) days prior to December 31, 2008 or December 31 of any then current renewal term thereafter, provided that this Agreement shall terminate absolutely and without further obligation on the part of the City on December 31 of each year. This Agreement shall terminate absolutely and without any further obligation on the part of the City on September 30th 2013. Title to any supplies, materials, equipment or other personal property shall remain the Consultants’ until fully paid for by the City. II. WORK CHANGES A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. C. The City Manager has authority to execute without further action of the City of Milton Mayor and 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 total amount to be paid under this Agreement, as set forth in Section III(B) below. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000 must be approved by resolution of the City of Milton Mayor and Council. III. COMPENSATION AND METHOD OF PAYMENT A. City agrees to pay the Consultant for City approved services performed and costs incurred by Consultant upon certification by the City that the services were actually performed and costs actually incurred in accordance with the Agreement. “Task Orders” will be issued to the Consultant stating City requirements for each task requested of Consultant by the City pursuant to this Agreement. Task Orders will be addendums to this Agreement and will be on the 3 3 form provided by the City. Compensation for services performed and reimbursement for costs incurred shall be paid to the Consultant upon receipt and approval by the City of invoices setting forth in detail the services performed and costs incurred. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handle through change orders as described in Section II above. The City shall pay the Consultant within thirty (30) days after approval of the invoice by City staff. B. The compensation for services performed shall be based upon specified rates documented in Exhibit C. C. Reimbursement for costs incurred shall be limited as follows. Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail charges, photocopying time shall be at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall also be at cost. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. B. Budgetary Limitations Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principles 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 principals of Consultant’s profession and industry, Consultant will give written notice immediately to the City. C. City’s Reliance on the Work The Consultant acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Consultant and that, therefore, the City bears no responsibility for Consultant’s services performed under this Agreement. The Consultant acknowledges and agrees that the acceptance of designs, plans, and specifications by the City is limited to the function of determining whether there has been compliance with what is required 4 4 to be produced under this Agreement. The 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, or specifications by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. D. Consultant’s Reliance of Submissions by the City Consultant must have timely information and input from the City in order to perform the services required under this Agreement. Consultant is entitled to rely upon information provided by the City, but Consultant shall be required to provide immediate written notice to the City if Consultant knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. E. Consultant’s Representative Steven S. Bitney, P.E. shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative. F. Assignment of Agreement The Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved sub Consultants, the Consultant shall be solely responsible for reimbursing them and the City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub Consultant, anyone directly or indirectly employed by the Consultant or sub Consultant or anyone for whose acts the Consultant or sub Consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub Consultant, anyone directly or indirectly employed by the Consultant or sub Consultant or anyone for whose acts the Consultant or sub Consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by 5 5 any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub Consultant under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. H. Independent Consultant Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent Consultant and not as the agent or employee of the City. The Consultant agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Consultants, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and sub Consultants during the life of this Agreement. Any provisions of this Agreement that may appear to give the 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 the City with regard to the results of such services only. I. Insurance (1) Requirements: The 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 the Consultant, its agents, representatives, employees or sub Consultants. All policies shall be subject to approval by the City Attorney 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 limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal 6 6 injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the 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 per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with 7 7 defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VII. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) SubConsultants: 8 8 Consultant shall include all sub Consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub Consultant. All coverage for sub Consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (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. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. J. Employment of Unauthorized Aliens Prohibited It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “A” and “B” that it and Consultant’s sub Consultants have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Consultant’s and Consultant’s sub Consultants’ verification process to determine that the verification was correct and complete. The Consultant and Consultant’s sub Consultants shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant’s sub Consultants employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and Consultant’s sub Consultants agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Consultant or Consultant’s sub Consultants are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Consultant to terminate or require its sub Consultant to terminate that person’s employment immediately and to report same to the Department of Homeland Security. The Consultant’s failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Consultant shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. 9 9 Consultant agrees that the employee-number category designated below is applicable to the Consultant. _____ 500 or more employees. __X__ 100 or more employees. _____ Fewer than 100 employees. Consultant agrees that, in the event the Consultant employs or contracts with any sub Consultant(s) in connection with this Agreement, the Consultant will secure from the sub Consultant(s) such sub Consultant(s’) indication of the above employee-number category that is applicable to the sub Consultant. Consultant’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10- 1-.02 shall be attested by the execution of the Consultant’s affidavit attached as Exhibit “A.” 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) Records shall be established and maintained by the Consultant in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Consultant shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. 10 10 (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Consultant will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. L. Conflicts 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. M. Confidentiality Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its sub Consultants, consultants, and/or staff to likewise protect such confidential information. The Consultant agrees that confidential information it 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 the City. The Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. N. Compliance with Laws Regulating Illegal Aliens The United States Congress enacted the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, which required the former Immigration and Naturalization Service (now the Department of Homeland Security) to establish a system for verifying the immigration status of non-citizen applicants for, and recipients of, certain types of federally funded benefits, and to make the system available to Federal, State, and local benefit-issuing agencies and institutions that administer such benefits. The Consultant covenants and declares that it is enrolled in the Basic Employment Verification Pilot Program, and that it has verified the employment eligibility of all its employees utilizing such program. Consultant shall likewise require all sub Consultants or sub- consultants to verify the employment eligibility of all their respective employees utilizing the Basic Employment Verification Pilot Program. Consultant shall provide documentation prior to commencing work under this Agreement, in a form acceptable to the City, affirming the Consultant’s compliance with this Section. O. Licenses, Certifications and Permits 11 11 The Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Consultant by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. P. Key Personnel All of the individuals identified in Exhibit “D” are necessary for the successful prosecution 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 “D”, without written approval of the City. Consultant recognizes that the composition of this team was instrumental in the City’s decision to award the work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for the 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 section shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination. Consultant shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Consultant shall be solely responsible for any such sub Consultants in terms of performance and compensation. Q. Authority to Contract The Consultant covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. R. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Consultant (“materials”) shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Consultant or sub Consultant upon completion or termination of the work shall be delivered immediately to the City. The Consultant assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. V. COVENANTS OF THE CITY A. Right of Entry 12 12 The City shall provide for right of entry for Consultant and all necessary equipment to City facilities described in any Task Order, in order for Consultant to complete the Work. B. City’s Representative Sara Leaders shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative. VI. TERMINATION A. The City shall have the right to terminate this Agreement for any reason whatsoever by providing written notice thereof at least five (5) calendar days in advance of the termination date. The Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of the City’s failure to pay the Consultant within thirty (30) days of Consultant providing the City with notice of a delinquent payment and an opportunity to cure. B. Upon termination, City shall provide for payment to the Consultant for services rendered and expenses incurred prior to the termination date. C. Upon termination, the Consultant shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Consultant in performing this Agreement, whether completed or in process, in the form specified by the City. D. The rights and remedies of the City and the Consultant provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. NO PERSONAL LIABILITY No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. VIII. ENTIRE AGREEMENT 13 13 This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. IX. 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. X. APPLICABLE LAW If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. XI. CAPTIONS AND SEVERABILITY The caption or headnote on articles or sections of this Agreement are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed and the remainder of this Agreement shall remain in full force and effect to the extent possible. XII. NOTICES A. Communications Relating to Daily Activities All communications relating to the day-to-day activities of the Work shall be exchanged between Sara Leaders for the City and Andy Anderson, P.E.. for the Consultant. B. Official Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: 14 14 NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107f Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Street Smarts 3090 Premiere Parkway Suite 200 Duluth, Georgia 30097 XIII. WAIVER OF AGREEMENT The City’s failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. XIV. SOVEREIGN IMMUNITY Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. XV. FORCE MAJEURE Neither the City nor Consultant shall be liable for their respective non-negligent or non- willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. IN WITNESS WHEREOF the City and the Consultant have executed this Agreement effective as of the date the City Manager executes this Agreement on behalf of the City. [SIGNATURES ON FOLLOWING PAGE] 15 15 Approved as to form: _______________________________ City Attorney CONSULTANT: ___________________________________ By: _____________________________ Its: _____________________________ [CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ CITY OF MILTON: ___________________________________ By: _____________________________ Its: _____________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ 16 16 EXHIBIT “A” STATE OF GEORGIA CITY OF MILTON CONSULTANT AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any sub Consultant(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, Consultant will secure from such sub Consultant(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Sub Consultant Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit “1.” Consultant further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the sub Consultant(s) is retained to perform such service. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Consultant Name) _________________________________________ Title of Authorized Officer or Agent of Consultant _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ ________________________________________ Notary Public My Commission Expires: ___________________ 17 17 EXHIBIT “B” STATE OF GEORGIA CITY OF MILTON SUBCONSULTANT AFFIDAVIT: KIMLEY-HORN AND ASSOCIATES, INC. By executing this affidavit, the undersigned sub Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of Consultant) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Sub Consultant Name) _________________________________________ Title of Authorized Officer or Agent of Sub Consultant _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ _________________________________________ Notary Public My Commission Expires: _________________________________________ 18 18 EXHIBIT “B” CONTINUED STATE OF GEORGIA CITY OF MILTON SUBCONSULTANT AFFIDAVIT: UNITED CONSULTING GROUP, LTD. By executing this affidavit, the undersigned sub Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of Consultant) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Sub Consultant Name) _________________________________________ Title of Authorized Officer or Agent of Sub Consultant _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ _________________________________________ Notary Public My Commission Expires: _________________________________________ 19 19 EXHIBIT “B” CONTINUED STATE OF GEORGIA CITY OF MILTON SUBCONSULTANT AFFIDAVIT: FLORENCE & HUTCHENSON, INC. By executing this affidavit, the undersigned sub Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of Consultant) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Sub Consultant Name) _________________________________________ Title of Authorized Officer or Agent of Sub Consultant _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ _________________________________________ Notary Public My Commission Expires: _________________________________________ 20 20 EXHIBIT “C” Rates for Compensation The Table below provides the negotiated rates for this agreement. X:\Public Works\Admin\OnCall\Street Smarts\Street Smarts Hourly Rates_100908 10/9/20083:07 PM TABLE 1: HOURLY LABOR RATES BY FIRM, BY JOB CLASS, BY YEAR FIRM JOB CLASS LOOKUP 2008 2009 2010 2011 2012 2013 1 SS Principal SS:Principal 182.71$ 189.10$ 195.72$ 202.57$ 209.66$ 217.00$ 2 SS PrjMgr SS:PrjMgr 133.47$ 138.14$ 142.97$ 147.98$ 153.16$ 158.52$ 3 SS SrEngr SS:SrEngr 110.71$ 114.58$ 118.59$ 122.74$ 127.04$ 131.48$ 4 SS SrPlanner SS:SrPlanner 147.82$ 152.99$ 158.35$ 163.89$ 169.62$ 175.56$ 5 SS Planner SS:Planner 87.33$ 90.38$ 93.55$ 96.82$ 100.21$ 103.72$ 6 SS Engineer SS:Engineer 95.52$ 98.87$ 102.33$ 105.91$ 109.61$ 113.45$ 7 SS Tech SS:Tech 73.12$ 75.67$ 78.32$ 81.06$ 83.90$ 86.84$ 8 SS Admin SS:Admin 56.82$ 58.81$ 60.87$ 63.00$ 65.21$ 67.49$ 9 SS InstrOp SS:InstrOp 41.22$ 42.66$ 44.15$ 45.70$ 47.30$ 48.95$ 10 SS PartyChief SS:PartyChief 59.34$ 61.41$ 63.56$ 65.79$ 68.09$ 70.47$ 11 SS SurvPrjMgr SS:SurvPrjMgr 94.71$ 98.03$ 101.46$ 105.01$ 108.69$ 112.49$ 12 FH Principal FH:Principal 185.29$ 191.78$ 198.49$ 205.44$ 212.63$ 220.07$ 13 FH ConstrMgr FH:ConstrMgr 119.58$ 123.77$ 128.10$ 132.59$ 137.23$ 142.03$ 14 FH ConsPrjMgr FH:ConsPrjMgr 86.78$ 89.82$ 92.97$ 96.22$ 99.59$ 103.07$ 15 FH SrInsp FH:SrInsp 65.60$ 67.90$ 70.27$ 72.73$ 75.28$ 77.91$ 16 FH Inspector1 FH:Inspector1 53.44$ 55.31$ 57.24$ 59.25$ 61.32$ 63.47$ 17 FH Inspector2 FH:Inspector2 38.27$ 39.61$ 40.99$ 42.43$ 43.91$ 45.45$ 18 FH InsptrAid FH:InsptrAid 28.70$ 29.70$ 30.74$ 31.82$ 32.93$ 34.09$ 19 UC PrjMgr UC:PrjMgr 177.74$ 183.96$ 190.40$ 197.06$ 203.96$ 211.10$ 20 UC SrEngr UC:SrEngr 126.16$ 130.57$ 135.15$ 139.88$ 144.77$ 149.84$ 21 UC Engineer UC:Engineer 72.80$ 75.34$ 77.98$ 80.71$ 83.53$ 86.46$ 22 UC SrTech UC:SrTech 87.74$ 90.81$ 93.98$ 97.27$ 100.68$ 104.20$ 23 UC Tech UC:Tech 71.63$ 74.14$ 76.73$ 79.42$ 82.20$ 85.08$ 24 UC SUE UC:SUE 99.61$ 103.09$ 106.70$ 110.44$ 114.30$ 118.30$ 25 UC LabAnalyst UC:LabAnalyst 93.48$ 96.75$ 100.14$ 103.64$ 107.27$ 111.03$ 26 UC FlagPerson UC:FlagPerson 54.98$ 56.90$ 58.89$ 60.96$ 63.09$ 65.30$ 27 UC Admin UC:Admin 55.83$ 57.78$ 59.81$ 61.90$ 64.06$ 66.31$ 28 KHA Principal KHA:Principal 282.08$ 291.95$ 302.17$ 312.74$ 323.69$ 335.02$ 29 KHA PrjMgr KHA:PrjMgr 204.42$ 211.58$ 218.98$ 226.65$ 234.58$ 242.79$ 30 KHA SrEngr KHA:SrEngr 195.26$ 202.10$ 209.17$ 216.49$ 224.07$ 231.91$ 31 KHA SrPlanner KHA:SrPlanner 143.66$ 148.69$ 153.89$ 159.28$ 164.85$ 170.62$ 32 KHA Planner KHA:Planner 103.95$ 107.59$ 111.35$ 115.25$ 119.29$ 123.46$ 33 KHA Engineer KHA:Engineer 115.66$ 119.71$ 123.90$ 128.24$ 132.73$ 137.37$ 34 KHA Tech KHA:Tech 115.53$ 119.57$ 123.75$ 128.09$ 132.57$ 137.21$ 35 KHA Admin KHA:Admin 59.43$ 61.51$ 63.66$ 65.89$ 68.19$ 70.58$ 36 KHA Landscape KHA:Landscape 136.27$ 141.04$ 145.98$ 151.09$ 156.38$ 161.85$ 22 22 EXHIBIT “D” KEY PERSONNEL Key personnel for this agreement are: 1. Steve Bitney, Street Smarts, Project Manager 2. Andy Anderson, Street Smarts, Design Lead 3. Keith Hogsed, Street Smarts, Planning Lead 4. Marsha Anderson Bomar, Street Smarts, Public Involvement Lead 23 23 EXHIBIT “E” Street Smarts RFQ Proposal CITY OF MILTON Proposal For | Professional Engineering & Planning Services July 10, 2008 DELETE A.1 AND REPLACE WITH: A.1 CITY OF MILTON REQUEST FOR STATEMENT OF QUALIFICATIONS (THIS IS NOT AN ORDER) RFQ Number: 08-001 RFQ Title: PROFESSIONAL ENGINEERING AND PLANNING SERVICES RFQ Due Date and Time: July 10, 2008 Local Time: 2:00pm Number of Pages: 47 ISSUING DEPARTMENT INFORMATION Issue Date: June 5, 2008 City of Milton Public Works Department 13000 Deerfield Pkwy, Suite 107G Milton, Ga. 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO OFFERORS Return Submittal to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004 Mark Face of Envelope/Package: Name of Company Phone Number and Point of Contact for Company RFQ # 08-001 Due date: July 10, 2008 @ 2:00 P.M. Eastern Time Special Instructions: Deadline for Written Questions June, 13, 2008 @ 5:00PM Pre-Submittal Conference June 17, 2008 @ 2:00PM Location: Milton City Hall Council Chambers/Court Room IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: (Please print name and sign in ink) Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS SHEET WITH RFQ RESPONSE DELETE A.2 AND REPLACE WITH: A.2 RESPONSE TO SECTIONS OFFERORS MUST RETURN THIS SHEET WITH REQ RESPONSE Please review and initial that the sections and subsections have been read and that the Offeror will comply with the sections. INITIAL 1.0 INTRODUCTION ........................................................................... READ AND WILL COMPLY__________ 1.1 PURPOSE OF PROCUREMENT 1.2 RESERVED 1.3 SCHEDULE OF EVENTS 1.4 RESTRICTIONS ON COMMUNICATIONS WITH STAFF 1.5 DEFINITION OF TERMS 1.6 DESCRIPTION OF REQUIREMENTS 1.6.1 Resulting Contract 1.6.2 Mandatory Requirements 1.6.3 Understanding of Specifications and Requirements 1.6.4 Offeror’s Signature 1.7 SUBMITTING A STATEMENT OF QUALIFICATIONS 1.7.1 Organization of Statement of Qualifications 1.7.2 Failure to Comply with Instruction 1.7.3 Copies Required and Deadline for Receipt of Statement of Qualifications 1.7.4 Late Statement of Qualifications 1.8 REQUIRED REVIEW 1.8.1 Review RFQ 1.8.2 Form of Questions. 1.8.3 City’s Answers. 1.8.4 Standard Terms and Conditions/Standard Contract. 1.8.5 Project Oversight and Staffing 2.0 RFQ STANDARD INFORMATION ....................................... READ AND WILL COMPLY__________ 2.1 AUTHORITY 2.2 OFFEROR COMPETITION 2.3 RECEIPT OF STATEMENT OF QUALIFICATIONS AND PUBLIC INSPECTION 2.3.1 Public Information 2.3.2 Purchasing Office Review of Statement of Qualifications. 2.4 CLASSIFICATION AND EVALUATION OF STATEMENT OF QUALIFICATIONS 2.4.1 Initial Classification of Statement of Qualifications as Responsive or Non 2.4.2 Determination of Responsibility 2.4.3 Evaluation of Statement of Qualifications 2.4.4 Completeness of Statement of Qualifications 2.4.5 Evaluation Committee Recommendation 2.5 CITY’S RIGHTS RESERVED 3.0 INFORMATION........................................................................ READ AND WILL COMPLY__________ 3.1 PROJECT INFORMATION 3.2 STATEMENT OF WORK 3.2.1 Description of tasks 3.2.2 General Information 3.3 STANDARD PROFESSIONAL SERVICES AGREEMENT OFFERORS MUST RETURN THIS SHEET WITH REQ RESPONSE INITIAL 4.0 SOQ SUBMISSION AND EVALUATION ............................. READ AND WILL COMPLY__________ 4.1 PROCESS FOR SUBMITTING STATEMENT OF QUALIFICATIONS 4.1.1 Preparation of Statement of Qualifications 4.1.2 Packaging of Statement of Qualifications 4.1.3 Number of Statement of Qualifications Copies 4.1.4 Submission of Statement of Qualifications 4.2 EVALUATION PROCESS 4.2.1 Administrative Review 4.2.2 Mandatory Requirements Review 4.2.3 Technical Statement of Qualifications Evaluation 4.2.4 Site Visits and Oral Presentations 4.2.5 Statement of Qualifications Requirements (Appendix A.3) 4.3 REJECTION OF STATEMENT OF QUALIFICATIONS/CANCELLATION OF RFQ 4.4 CITY’S RIGHT TO INVESTIGATE AND REJECT 4.5 OFFEROR INFORMATIONAL REQUIREMENTS FOR SOQ REQUIREMENTS (APPENDIX A.3) 4.5.1 Company Profile and Experience 4.5.2 Resumes 4.5.3 QA/QC Procedures 4.5.4 Offeror Financial Stability 5.0 TERMS AND CONDITIONS ................................................... READ AND WILL COMPLY__________ 5.1 RFQ AMENDMENTS 5.2 STATEMENT OF QUALIFICATIONS WITHDRAWAL 5.3 COST FOR PREPARING STATEMENT OF QUALIFICATIONS 5.4 CONFLICT OF INTEREST 5.5 MINORITY BUSINESS POLICY 5.6 ADA GUIDELINES 5.7 COMPLIANCE WITH LAWS APPENDIX A – SUMMARY OF SUBMITTAL REQUIREMENTS... READ AND WILL COMPLY________ A.1 STATEMENT OF QUALIFICATIONS COVER SHEET A. 2 REPONSE TO SECTIONS A.3 STATEMENT OF QUALIFICATIONS OUTLINE A.4 STATEMENT OF QUALIFICATIONS LETTER A.5 COST PROPOSAL A.6 DISCLOSURE FORM APPENDIX B ......................................................................................... READ AND WILL COMPLY__________ SCHEDULE OF EVENTS APPENDIX C......................................................................................... READ AND WILL COMPLY__________ PROFESSIONAL SERVICES AGREEMENT CITY OF MILTON Professional Engineering and Planning Services Company Profile Street Smarts was founded in 1990. Our firm provides services to both the public and private sec- tors in transportation planning and engineering, civil/site engineering, traffic engineering, transit analysis, traffic signal design and timing, training, impact studies, Intelligent Transportation Systems (ITS), analysis programs, goods movement, impact fees, parking studies, roadway and site design, survey services, subsurface utility engineering (SUE), public involvement and facilitation, computer modeling, data collection, freight planning, parking studies, landscape architecture, and geo- graphic information systems (GIS). We have served hundreds of clients, many on multiple projects, from single site developments to statewide efforts. At present, we have a staff of more than one hundred full-time employees, with sixteen Professional Engineers (PE), three Professional Traffic Op- erations Engineers (PTOE), three Registered Land Surveyors, six Engineers-in-Training (EIT.), one AICP, one ASLA, and a number of other certifications. This is one of the largest and most experi- enced groups of transportation infrastructure professionals in the State of Georgia. Marsha Anderson Bomar, founder and President, has worked in the field of traffic and transporta- tion since 1972. Ms. Bomar is Past President of the International Institute of Transportation Engi- neers, a 20,000-member professional society. She is also the recipient of the Gwinnett Chamber of Commerce Athena Award and Small Business Person of the Year Finalist. Ms. Bomar has also re- ceived the Institute of Transportation Engineer’s Burton Marsh Distinguished Service award as well as the WTS Woman of the Year award and the Society of Women Engineers 2005 Entrepreneur Award. She has lived in the Atlanta area since 1984 and has completed projects locally and na- tionwide. Our staff background includes extensive county, municipal, state, and private sector experience. Many of our projects involve public participation, and our staff serves effectively as facilitator or presenter in these situations. Street Smarts and our employees have been recognized at the local, state, national, and international levels with numerous awards for technical excellence, individual contributions to our profession, and for service and leadership. Staff members and the company are active in many civic organizations and activities, donating time, money, and other resources. Based on our experience and performance record, Street Smarts is especially qualified to success- fully deliver all types of work required under the City of Milton's Professional Engineering and Plan- ning Services contract. Please consider the following: • Street Smarts has successfully designed hundreds of intersection improvements, highway widenings, safety and operational improvements, drainage improvements, traffic signal in- stallations and upgrades, and numerous other types of projects. • Street Smarts has managed numerous on-call services contracts for county and municipal governments as well as the Georgia DOT. • In the last three years, the Georgia DOT has awarded Street Smarts six major design con- tracts totaling more than $12 million, a testimony to the quality of our work and our success in delivering work on schedule and on budget. • Street Smarts has been evaluated and scored on our ability to deliver quality work to the Georgia DOT. Over the last three years, our average score is 98 out of a maximum possible score of 100. • Street Smarts is a consultant of choice for a number of Georgia counties, including Gwin- nett, Rockdale, Henry, Newton, and Dawson Counties, as well as numerous municipalities such as City of Roswell, City of Sandy Springs, and City of John's Creek. Street Smarts does not simply design projects. We solve problems for our clients, and we ap- proach every project seeking the best solution that meets the clients' goals. CITY OF MILTON Professional Engineering and Planning Services Company Profile (continued) In our conceptual designs, every proposed design element will contribute to meeting project goals. To this end, we will carefully and judiciously consider such elements as roadway typical section, roadway alignments, access control, intersection design, aesthetics, traffic signal design, crosswalk locations and markings, pedestrian usage and pedestrian connectivity, signing and marking, addressing drainage issues, watershed protection, and utilities adjustments. We will be creative while achieving safety and efficiency through early identification of critical project issues and thorough consideration of community concerns during concept development before major decisions limit the design options. Street Smarts has been extremely successful with this approach, and a very high percentage of our business comes from repeat clients who are very pleased with our work. Disadvantaged Business Enterprises (DBE) Goal Street Smarts is a certified DBE/WBE firm with the Georgia DOT and a number of local govern- ments. Quality Control/Quality Assurance The Street Smarts team is totally committed to providing quality services that meet or exceed the City of Milton's expectations. We acknowledge and understand that we have total responsibility for the accuracy and completeness of the work. To ensure that only quality products are deliv- ered, Street Smarts has established a comprehensive QC/QA program to closely monitor project development and plan production. In-house reviews by experienced staff members who are not directly involved in the day-to-day project activities will be performed prior to each submittal, and each submittal will be certified for accuracy, completeness, and conformance with the City of Milton's requirements. Review comments will be formally logged, and responses will be submitted in a timely manner. All QC/QA activities will be included in our monthly progress report to the City of Milton. Jim Chambers will be the quality control manager for the work. Mr. Chambers has 40 years of experience in transportation engineering, and he led the GDOT committee that devel- oped the GDOT Quality Control Manual. Completing the work on time and on budget is an essential part of quality work, and Street Smarts understands this. Street Smarts has an enviable record of repeat business because of our history of meeting clients' schedules and budgets. Most importantly, quality is not an afterthought at Street Smarts. It is an integral part of the design process. Not only does Street Smarts have an effective established comprehensive internal QC/ QA process, we are committed to providing proven, experienced staff members to implement the QC/QA plan. CITY OF MILTON Professional Engineering and Planning Services Firm Information Street Smarts is a certified DBE/WBE firm with the Georgia DOT and a number of local govern- ments. Subconsultant Information Consultant/Subconsultant Employee & Financial Information Financial Statement All consultants provided as a part of this team are financially stable companies. Balance Sheets and Financial Statements can be provided if necessary. Firm Name: Street Smarts, Inc. Address: 3090 Premiere Parkway, Suite 200 Duluth, Georgia 30097 Telephone Number: (770) 813-0882 Fax Number: (770) 813-0688 Contact Person: Steve Bitney, P.E.—Principal In Charge/Vice President Contact Email Address: steveb@streetsmarts.us Office Location to Perform Work: Duluth, Georgia (branch offices in Tallahassee & Orlando, Flor- ida and Dallas, Texas) Former Name of Firm: Transportation Consulting MDA, Inc. Kimley-Horn &Associates: Bridge/Structural design and environmental studies and docu- mentation. United Consulting: Geotechnical investigations. Florence & Hucheson: Construction engineering and inspection. 2007 2006 2005 LOCAL AVG/MAX TOTAL FIRM AVG/MAX LOCAL AVG/MAX TOTAL FIRM AVG/MAX LOCAL AVG/MAX TOTAL FIRM AVG/MAX GROSS INCOME (IN MILLIONS) $10.5 $11.5 $8.6 $9.5 $6.1 $6.6 PERMANENT EMPLOYEES 92/94 96/100 84/90 86/95 85/92 77/88 STREET SMARTS STATISTICS 2007 2006 2005 LOCAL AVG/MAX TOTAL FIRM AVG/MAX LOCAL AVG/MAX TOTAL FIRM AVG/MAX LOCAL AVG/MAX TOTAL FIRM AVG/MAX KIMLEY-HORN & ASSOCI- ATES, INC. 90/101 2,329/2,362 88/97 2,292/2,327 83/105 1,756/1,960 UNITED CONSULTING 134/141 141/144 126/132 135/141 111/115 126/130 SUBCONSULTANT PERMAN- AENT EMPLOYEE STATISTICS FLORENCE & HUTCHESON 25/27 221/225 19/21 197/203 17/19 180/197 CITY OF MILTON Professional Engineering and Planning Services TABLE 1A - TRANSPORTATION DESIGN PROJECTS COMPLETED IN LAST 3 YEARS PROJECT CONSTRUCTION COST PROJECT OWNER AND CONTACT WORK PER-FORMED? McDaniel Mill Road at Iris Drive, Rockdale County. Intersection im-provements, including traffic studies, roadway realignments, adding turn lanes, and a new traffic signal. Ready for letting Estimated bid: $530,000 Charles McGiboney Rockdale County (770) 785-5919 Duluth Thurman Road at Fairview Road, Henry County. Intersection improve-ments, including traffic studies, roadway realignments, adding turn lanes, and a new traffic signal. $230,000 Terry McMickle Henry County (678) 610-6341 Duluth Roundabout - Dawson Forrest at Lumpkin Campground Road, Daw-son County. Full GDOT plan development process including concept report, database preparation, plan preparation. $278,000 Dawson County Dave Headly (706) 344-3501 Duluth Jiles Road at Legacy Park Boulevard, Cobb County. Intersection im-provements, including traffic studies, roadway realignments, adding turn lanes, and a new traffic signal. Turnkey project with Street Smarts doing all work. $195,000 City of Kennesaw Steve Kennedy (770) 429-4544 Duluth Signal Warrant Study and Design, Gwinnett County. Provided data collection and analysis for traffic signal warrant studies. Not applicable Peachtree Ind. Blvd. LLP Paul Wolmarans (850) 744-4261 Duluth Old Peachtree Road Improvements, Gwinnett County. Widening to include center turn lane and sidewalks for Old Peachtree Road corridor. Prepared database, construction plans, right-of-way plans, hydrology study and drainage study. Two signalized intersections were improved with the addition of turn lanes and traffic signal upgrades. $1,250,000 Gwinnett County DOT David Tucker (770) 822-7428 Duluth Bethany Church Road Sidewalk Project, Gwinnett County. This pro-ject consisted of the design of 2.0 miles of curb and gutter with sidewalks. Other minor roadway improvements were also included, including internal drainage structures. $355,000 Gwinnett County DOT David Tucker (770) 822-7428 Duluth CONRAC Automated People Mover Project, Hartsfield-Atlanta Air-port, Fulton County. Street Smarts had a surveying and roadway design role on a design-build team led by Mitsubishi and Archer Western. $220 million Heath & Lineback Gary Lineback (770) 424-1668 Duluth Roundabout - Arnold Road at Hutchinson Road, Gwinnett County. Full GDOT plan development process including concept report, database preparation, plan preparation. $250,000 Gwinnett County DOT David Tucker (770) 822-7428 Duluth Mount Vernon Parkway Traffic Calming and Sidewalk Improvements, City of Sandy Springs. The purpose of the project was to provide a traffic calming for the purpose of reducing travel speed as well to provide a sidewalk along the Parkway, together with landscaping to improve the image, safety, and utility of the Parkway. $600,000 City of Sandy Springs Nancy Leathers (770) 730-5600 Duluth CITY OF MILTON Professional Engineering and Planning Services TABLE 1B - TRANSPORTATION PLANNING PROJECTS COMPLETED IN LAST 3 YEARS PROJECT CONSTRUCTION COST PROJECT OWNER AND CONTACT WORK PER-FORMED? Sandy Springs Street Grid/Master Plan Study. A team composed of Street Smarts and Glatting Jackson developed a plan that configures the local street system in the central business district of Sandy Springs into an interconnected local street network. The plan also includes traffic calming measures, access management, sidewalks, bicycle routes, and transit access. Not Applicable City of Sandy Springs Nancy Leathers Community Development Director (770) 730-5600 Duluth Gwinnett Place CID Transportation Plan. Prepared a transportation plan that examined traffic, parking, access management, bicycle and pe-destrian transportation in the CID area. Not Applicable Gwinnett Place CID Joe Allen (678) 924-8171 Duluth City of Suwanee Alternate Mode Transportation Plan. Performed ex-isting conditions analysis and documentation for pedestrian and bicycle system. Developed analysis tools to identify and prioritize potential pro-jects and developed implementation plan. Not Applicable City of Suwanee Marty Allen (770) 945-8996 Duluth Traffic Impact Study, Fulton County. TIS for proposed residential de-velopment at the corner of Hwy 279 and Hwy. Site will consist of approxi-mately 70,000 sq ft of commercial space and 19,000 sq ft of office space with four access points. Not Applicable Hwy 279 Development LLC Hank Rowland (404) 237-7747 Duluth Athens-Clarke County Park-n-Ride Study. Analyzed four potential park-n-ride locations to determine preferred site. Included analysis of traf-fic volumes, transit service, and parking availability. Not Applicable Athens-Clarke County David Clark (706) 613-3440 Duluth Gwinnett Village CID Norcross Area Truck Study. Conducted a study of truck traffic for the industrial and commercial area of the CID. Recom-mended physical improvements to better accommodate trucks as well as communication/wayfinding improvements. Not Applicable Gwinnett Village CID Chuck Warbington (770) 449-6515 Duluth Roswell Town Square/Atlanta Street Corridor LCI Study. Recom-mended the adoption of transportation related policies and projects based on existing and future needs and resources of the study area as they re-late to transportation facilities, land use, and other environmental factors. Not Applicable City of Roswell Kathleen Field Director of Community Development (770) 641-3780 Duluth Flovilla/Indian Springs Master Plan, Butts County. Work included planning and regulatory process for implementation of the master plan. Specifically, guided the development of five overlay districts based on the historic and natural resources found in the area and the existing and pro-jected future residential and transportation needs of the community. Not Applicable Butts County Derron W. King Community Development Director (770) 775-8210 Duluth Public Involvement for Various GDOT Projects. Tasks included prepa-ration and implementation of public involvement plans, project newslet-ters, project websites, stakeholder meetings, concept team meetings, and public information meetings. Not Applicable Georgia DOT David Norwood Design Group Manager (404) 463-3829 Duluth Athens-Clarke County Park-n-Ride Study Analyzed four potential park-n-ride locations to determine preferred site. Not Applicable Athens-Clarke County David Clark Duluth CITY OF MILTON Professional Engineering and Planning Services TABLE 2A - TRANSPORTATION DESIGN PROJECTS AWARDED IN LAST 3 YEARS PROJECT PROJECT OWNER AND CONTACT PERSONNEL WORKING ON PROJECT CURRENT STATUS STP-2992(2) and STP-2992(3), SR 15 Bypass, Washington County Georgia DOT Babs Abubakari (404) 463-6133 Andy Anderson, Project Manager M. Nerenbaum, Design Engineer Jim Chambers, QA/QC 50% complete STP-0001-00(420), Leesburg Bypass, Lee County Georgia DOT Babs Abubakari (404) 463-6133 William Dial, Project Manager M. Nerenbaum, Design Engineer 40% complete 8 Bridge Replacement Projects - Various locations throughout Georgia Georgia DOT Babs Abubakari (404) 463-6133 William Dial, Project Manager Kim Baker, Design Engineer Kelvin Tyler 75% complete CMQ-0006-00(892), Five Points Intersection in Stone Mountain City of Stone Mountain Gary Peet, Mayor (770) 498-8984 Andy Anderson, Project Manager Jim Chambers, QA/QC 95% complete Gwinnett County School Safety Projects (on-call services) Gwinnett County David Tucker (770) 822-7428 Andy Anderson, Project Manager M. Nerenbaum, Design Engineer Jim Chambers, QA/QC On-going Gwinnett Place Community Improvement District Redevelopment Plan, Gwinnett County. This is an on-call services contract. The current work order is the "Pleasant Hill Road Pedestrian Mobility Project." Gwinnett Place CID Joe Allen (678) 924-8171 Steve Bitney, Project Manager Andy Anderson, Design Engineer On-going Metro Signal Timing, GDOT - Various locations throughout metro Atlanta Georgia DOT Keith Golden (404) 635-8115 John Karnowski, Project Manager Larry Overn, Deputy Proj. Manager Travis Hurt, Design Engineer 80% complete Traffic Signal Upgrade Projects, GDOT - Task Order to provide signal up-grade plans throughout the State. Georgia DOT Keith Golden (404) 635-8115 John Karnowski, Project Manager Julie Doyle, Deputy Proj. Manager Travis Hurt, Design Engineer 80% complete Old Covington Highway Improvements, Rockdale County. Rockdale County Charles McGiboney (770) 785-5919 James Tidwell, Project Manager M. Nerenbaum, Design Engineer 95% complete STP-0002-00(903), SR 155/Clairmont Road Sidewalks from North Druid Hills Road to Buford Highway, DeKalb County. Full design services for this Georgia DOT project as a subconsultant to Arcadis. Georgia DOT Babs Abubakari (404) 463-6133 Steve Bitney, Project Manager James Tidwell, Design Engineer 20% complete Turkey Creek/Yellow River Multi-Use Trail (4.6 miles) and Library to East-side High School Multi-Use Trail (2.6 miles). Newton County Kevin Walter (770) 784-2197/x-25 Jay Scott, Project Manager Melissa Dion, Project Designer 35% complete CITY OF MILTON Professional Engineering and Planning Services TABLE 2B - TRANSPORTATION PLANNING PROJECTS AWARDED IN LAST 3 YEARS PROJECT PROJECT OWNER AND CONTACT PERSONNEL WORKING ON PROJECT CURRENT STATUS Sandy Springs Street Grid/Master Plan Study. A team composed of Street Smarts and Glatting Jackson developed a plan that configures the local street system in the central business district of Sandy Springs into an interconnected local street network. The plan also includes traffic calming measures, access management, sidewalks, bicycle routes, transit access, security, community identity, and aesthetic considerations consistent with the community goals and values. City of Sandy Springs Nancy Leathers Community Develop-ment Director (770) 730-5600 Marsha Anderson Bomar Keith Hogsed, P.E., GISP Steve Bitney, P.E. Complete Gwinnett Place CID Transportation Plan. Prepared a transportation plan that examined traffic, parking, access management, bicycle and pe-destrian transportation in the CID area. Gwinnett Place CID Joe Allen (678) 924-8171 Keith Hogsed, P.E., GISP Complete City of Suwanee Alternate Mode Transportation Plan. Performed ex-isting conditions analysis and documentation for pedestrian and bicycle system. Interviewed various stakeholders to determine goals for the sys-tem. Developed analysis tools to identify and prioritize potential projects and developed implementation plan for proposed improvements. City of Suwanee Marty Allen (770) 945-8996 Keith Hogsed, P.E., GISP Complete Athens-Clarke County Park-n-Ride Study. Analyzed four potential park-n-ride locations to determine preferred site. Included analysis of traf-fic volumes, transit service, and parking availability. Athens-Clarke County David Clark (706) 613-3440 Keith Hogsed, P.E., GISP Complete Gwinnett Village CID Norcross Area Truck Study. Conducted a study of truck traffic for the industrial and commercial area of the CID. Recom-mended physical improvements to better accommodate trucks as well as communication/wayfinding improvements. Gwinnett Village CID Chuck Warbington (770) 449-6515 Keith Hogsed, P.E., GISP Complete Roswell Town Square/Atlanta Street Corridor LCI Study. Recom-mended the adoption of specific transportation related policies and pro-jects based on existing and future needs and resources of the study area as they relate to transportation facilities, land use and other environmental factors. City of Roswell Kathleen Field Director of Community Development (770) 641-3780 Erika Becker, AICP Complete Flovilla/Indian Springs Master Plan, Butts County. Work included planning and regulatory process for implementation of the master plan. Specifically, guided the development of five overlay districts based on the historic and natural resources found in the area and the existing and pro-jected future residential and transportation needs of the community. Butts County Derron W. King Community Develop-ment Director (770) 775-8210 Erika Becker, AICP Complete Public Involvement for Various GDOT Projects. Tasks included prepa-ration and implementation of public involvement plan, project newsletters, project website, stakeholder meetings, concept team meetings, and public information meetings. Georgia DOT David Norwood Design Group Manager (404) 463-3829 Erika Becker, AICP Marsha Anderson Bomar Complete CITY OF MILTONPROFESSIONAL ENGINEERING AND PLANNING SERVICESORGANIZATIONAL CHARTCITY OF MILTONPROFESSIONAL ENGINEERING AND PLANNING SERVICESORGANIZATIONAL CHARTPRINCIPAL-IN-CHARGESteve Bitney, PEStreet SmartsPROJECT MANAGERAndy Anderson, PEStreet SmartsCITY OF MILTONROADWAY DESIGN/ROADWAY HYDRAULICSJames Tidwell, PEMaureen Nerenbaum, PEWilliam Dial, PEKim Baker, PEStreet SmartsLANDSCAPE ARCHITECTURE/STREETSCAPESJay Scott, ASLAKristina HylandMelissa DionStreet SmartsBRIDGE DESIGNBRIDGE HYDRAULICSDavid Stricklin, PEBrian Miller, PEKimley-HornTRAFFIC ENGINEERING/CAPACITY ANAYLSISJohn Karnowski, PE, PTOE(QC/QA)Larry Overn, PE, PTOEJulie Doyle, PE, PTOEStreet SmartsPROJECT QC/QAJim Chambers, PEStreet SmartsDATA COLLECTION/GIS APPLICATIONSKeith Hogsed, PEStreet SmartsCOMMUNITYINVOLVEMENTMarsha Anderson BomarRandy Parker, EITStreet SmartsENVIRONMENTALDebbie Wilson, AICPEric MartinKimley-HornGEOTECHNICALINVESTIGATIONSDon Hill, PESantanu Sinharoy, PEAaron Epstein, PEUnited ConsultingFIELD SURVEYINGRon Pate, RLS (QA/QC)David Cyphers, RLSStreet SmartsSUBSURFACE UTILITIES ENGINEERINGDavid QuickleAndrew Goldman, RLSStreet SmartsPLANNINGErika Becker, AICPKeith Hogsed, PEJay Scott, ASLAMarsha Anderson BomarStreet SmartsCONSTRUCTION ENGINEERING AND INSPECTIONGary MailhotArthur LadsonFlorence & HutchesonSUPPORT SERVICES CITY OF MILTON Professional Engineering and Planning Services Key Personnel Principal: Steve Bitney, P.E., Street Smarts Project Manager: Andy Anderson, P.E., Street Smarts Lead Roadway Design: James Tidwell, P.E., Street Smarts QC/QC (overall): Jim Chambers, P.E., Street Smarts Roadway Hydrology/Hydraulics: William Dial, P.E., Street Smarts Lead Bridge/Structural Designer: Brian Miller, P.E., Kimley-Horn & Associates Bridge Design/Structural QC/QA: David Stricklin, P.E., Kimley-Horn & Associates Transportation Planning: Erika Becker, A.I.C.P., Street Smarts Landscape Architecture/Streetscaping: Jay Scott, A.S.L.A., Street Smarts Surveying: Ron Pate, R.L.S., E.I.T., Street Smarts Environmental Documentation: Debbie Wilson, A.I.C.P., Kimley-Horn & Associates Geotechnical Investigations: Don Hill, P.E., United Consulting Subsurface Utility Engineering: David Quickle, Street Smarts Construction Engineering and Inspection: Gary Mailhot, Florence & Hutcheson Data Collection/GIS Applications: Keith Hogsed, P.E., Street Smarts/Data Smarts Community Involvement: Marsha Anderson Bomar, Street Smarts Summary Resumes of Key Project Personnel All personnel listed below are based in the Atlanta metropolitan area. NOTE: All design personnel are experienced in the use of CAiCE (Visual Transportation v. 10.4) and MicroStation J software. Steve Bitney, P.E., Principal-in-Charge (Street Smarts). Steve Bitney has 29 years of experience in transportation engineering and management. Mr. Bitney has experience with all types of highway projects, and there are few people in his profession who are more experienced in highway design and management. Mr. Bitney has managed or designed more than 100 transportation projects ranging in complexity from intersection improvements to major urban freeway design. Georgia P.E. # 25419. Experience: 29 years/Years with firm: 5. Education: B.S. Civil Engineering, University of Cali- fornia, Irvine, 1985. Andy Anderson, P.E., Project Manager (Street Smarts). Andy Anderson has 20 years of professional roadway design experience as a consultant to Georgia DOT and local governments. He has been involved in all aspects of design and plan preparation for both urban and rural projects. Mr. Ander- son has managed and designed dozens of major roadway projects in Georgia. Georgia P.E. # 20995. Experience: 20 years/Years with firm: 7. Education: B.S. Civil Engineering, Georgia Southern University, 1986. Jim Chambers, P.E., Project QC/QA (Street Smarts). Jim Chambers provides four decades of proven leadership, management, and technical abilities in transportation engineering. In addition to pro- ject management and quality control, he is an invaluable resource for liaison with agencies such as Georgia DOT, FHWA, and local governments. Since his retirement in 2001 from GDOT, where he was head of the Office of Consultant Design, Mr. Chambers has worked in the private sector in project management, training, and quality control processes. Georgia P.E. # 8871. Experience: 39 years/ Years with firm: 5. Education: B.S. Civil Engineering, Georgia Institute of Technology, 1968; M.S. Civil Engineering, Georgia Institute of Technology, 1970. James Tidwell, P.E., Design Group Leader (Street Smarts). James Tidwell has more than 16 years of highway design experience, including nine years as a design engineer and project manager at Georgia DOT. He has designed and managed the design of urban and rural highways throughout the State of Georgia. Georgia P.E. # 28736. Experience: 16 years/Years with firm: 3. Education: B.S. Civil Engineering, Georgia Institute of Technology, 1991. CITY OF MILTON Professional Engineering and Planning Services Summary Resumes of Key Project Personnel (continued) Maureen Nerenbaum, P.E., Lead Design Engineer (Street Smarts). Maureen Nerenbaum has 22 years of professional roadway design experience, including experience at Georgia DOT and as a consult- ant in Georgia. Her design experience includes the I-75/475 interchange in Bibb County, SR 10/ Memorial Drive/I-285 interchange in DeKalb County, US 341/SR 27 in Wayne and Glynn Counties, US 17/SR 25 in Chatham County, SR 16 in Putnam County, and US 25/SR 121 in Burke and Richmond Counties. Ms. Nerenbaum has been project manager or design engineer for numerous roadway safety and operational improvement projects. Georgia P.E. # 19104. Experience: 22 years/Years with firm: 7. Education: B.S. Civil Engineering, University of Washington, 1985. William Dial, P.E., Roadway Hydraulics (Street Smarts). William Dial has over ten years of roadway design experience. He is very proficient in CAiCE, MicroStation, AutoCAD, StormCAD, Flow Master, Culvert Master, HEC-RAS, HY-8, HYDRAIN, WSPRO, and other hydrology/hydraulics software. Mr. Dial was the lead project engineer and hydrology/hydraulics lead for SR 20, a major GDOT project in Gwinnett County. Mr. Dial is also very proficient in design of erosion control facilities, both tempo- rary and permanent. Georgia P.E. # 30568. Experience: 10 years/Years with firm: 7. Education: B.S. Civil Engineering, Auburn University, 1995; M.S. Civil Engineering (Hydraulics/Hydrology), Auburn Uni- versity, 1997. John Karnowski, P.E., P.T.O.E., Traffic Engineering Leader (Street Smarts). John Karnowski has 18 years of experience in traffic engineering projects. He is proficient in the use of traffic simulation and modeling software. He is proficient in use of NETSIM, TransCAD, ARC/Info, HCS, and several other traffic-related software packages. Notable projects include the Orme Street project in At- lanta that required closing/detours for several streets in the Georgia Tech area for 12 months, and the Olympic Signal Improvement Project. Georgia P.E. # 24552. Experience: 18 years/Years with firm: 13. Education: B.S. Civil Engineering, Georgia Institute of Technology, 1994. Larry Overn, P.E., P.T.O.E., Traffic Engineering (Street Smarts). Larry Overn's experience includes trans- portation planning projects, signal warrant studies, traffic impact studies, traffic safety studies, traffic signal design, and data collection projects. Mr. Overn has also performed safety and capacity analysis, studied accident locations, and evaluated special safety issues related to topics such as school zones, truck routing, speed control, sign and signal inventories, and more. Georgia P.E. # 24155. Experience: 8 years/Years with firm: 8. Education: B.S. Civil Engineering, University of South Florida, 1999. Julie Doyle, P.E., P.T.O.E., Traffic Engineering (Street Smarts). Julie Doyle is a Senior Traffic Engineer with over 13 years of experience. Her experience includes project management and technical work for traffic impact studies, traffic signal warrant analyses, regional impact analyses, traffic engi- neering studies, access analyses, pedestrian studies, design of traffic signal systems, trip generation studies, and intelligent transportation systems analyses. Georgia P.E. # 24552. Experience: 13 years/ Years with firm: 11. Education: B.S. Civil Engineering, Georgia Institute of Technology, 1992; M.S. Civil Engineering, Georgia Institute of Technology, 1993. Erika Becker, A.I.C.P., Planning (Street Smarts). Erika Becker is a certified Planner with nine years of experience as an urban and regional planner in both the public and private sectors. She has a wide range of professional experience in transportation and land use planning, including traffic im- pact studies, master planning, policy development, local community development, pedestrian and bicycle planning, and community involvement. Ms. Becker has served as project planner for nu- merous projects, including master plans, corridor/small area plans, and traffic impact studies. Ms. Becker was the project planner for the transportation component of the City of Roswell LCI plan. Experience: 9 years/Years with firm: 1. Education: B.S. Political Science, Florida State University, 1996; Master of Public Administration, Florida State University, 1999; M.S. Planning, Florida State Uni- versity, 1999. CITY OF MILTON Professional Engineering and Planning Services Summary Resumes of Key Project Personnel (continued) Jay Scott, A.S.L.A., Landscape Architecture/Streetscaping (Street Smarts). Jay Scott serves as Direc- tor of Planning and Design for Street Smarts. Mr. Scott has over 33 years of professional experience, with more than 25 years as senior designer or principal. He has completed a wide range of projects in the public and private sectors, including site evaluation/feasibility studies; master planned com- munities; transit related design; pedestrian and bicycle facilities; and a wide variety of site develop- ment projects. Mr. Scott is the current president of the Georgia Society of Landscape Architects. Experience: 33 years/Years with firm: 2. Education: Bachelor of Landscape Architecture, University of Georgia, 1975. Ron Pate, R.L.S., E.I.T., Land Surveys (Street Smarts). Ron Pate is responsible for the supervision of eight field survey crews as well as six office technicians and three additional Registered Land Sur- veyors for the database preparation of various roadway projects. Mr. Pate's experience includes boundary, topographic, and land title surveys as well as non-typical surveys involving water and sewer, GPS, and wetlands delineation. Georgia RLS # 2807/Georgia E.I.T. # 17737. Experience: 14 years/Years with firm: 3. Education: B.S. Civil Engineering Technology (Transportation & Survey Op- tion), Southern Polytechnic State University, 1994 David Quickle, Subsurface Utility Engineering (Street Smarts). David Quickle has more than 23 years of experience in the Subsurface Utility Engineering (S.U.E.) field and has been involved in this field since its inception, performing as director, manager, and consultant on numerous projects. Experi- ence: 23 years/Years with firm: 2. Education: Fairmont State College, 1971-1973 Debbie Wilson, AICP, Senior Environmental Planner (Kimley-Horn and Associates, Inc.). Debbie Wil- son offers nearly 30 years of professional experience assessing the environmental impacts of trans- portation projects across the US. Ms. Wilson specializes in environmental documentation, project management, socioeconomic/land use analyses, and public involvement. Through the preparation of environmental assessments and environmental impact statements, she regularly coordinates with federal, state, and local resource agencies. In addition, Ms. Wilson has developed comprehensive impact fee systems, prepared traffic circulation elements of comprehensive plans, and performed transportation planning for statewide programs. GA AICP # 4401. Experience: 29 years/Years with firm: 24. Education: Master of City and Regional Planning, Harvard University, 1979; B.A., Political Sci- ence, John Carroll University, 1977. Eric Martin, Environmental Scientist (Kimley-Horn and Associates, Inc.). Eric Martin serves as an envi- ronmental scientist in Kimley-Horn’s Norcross office. Mr. Martin offers 13 years of environmental con- sulting experience, specializing in ecology surveys, wetland and stream assessments, and mitigation and permitting. He has provided field assessments, documentation services, and project manage- ment for transportation, site development, and utility projects. Mr. Martin’s experience also includes avoidance and minimization measures for natural resource protection and regulatory compliance. He has served as environmental scientist on numerous projects in Georgia. Experience: 13 years/ Years with firm: 1. Education: B.S., Environmental Health, University of Georgia, 1994. David Stricklin, P.E., Bridge Design QC/QA (Kimley-Horn). David Stricklin has over 12 years of experi- ence in the design of precast, cast-in-place, and steel bridges. Mr. Stricklin has managed bridge design efforts for numerous state DOTs and municipalities across the southeast. His recent Georgia experience includes SR 166 widening over the Chatahoochee River in Douglas and Fulton Counties, Sardis Church Road Extension in Bibb County, and Highgate Boulevard in Chatham County. Geor- gia P.E. # 31339. Experience: 12 years/Years with firm: 5. Education: B.S. Civil Engineering, Clemson University, 1994; M.S.C.E. Civil Engineering, Clemson University, 1996. CITY OF MILTON Professional Engineering and Planning Services Summary Resumes of Key Project Personnel (continued) Brian Miller, P.E., S.E., Structural Engineer (Kimley-Horn and Associates, Inc.). Brian Miller is a structural engineer in Kimley-Horn’s Norcross office. He specializes in bridge design, parking deck design and condition assessment projects. Mr. Miller’s structural design projects have included reinforced con- crete, precast prestressed concrete, and structural steel post-tensioned concrete. His relevant ex- perience includes serving as project engineer for the Georgia Tech Technology Enterprise Park (TEP) in Atlanta, GA and the Rocky Face Interchange Reconstruction, I-75 at US 41/SR 3, in Whitfield County, GA. Mr. Miller also served as project manager for the Georgia Ports Authority’s SR 307 Grade Separation project in Savannah. GA P.E. # 031331; NC P.E. # 028424; TN P.E. # 00111448; IL S.E. # 81006179. Experience: 10 years/Years with firm: 10. Education: M.S., Civil Engineering, North Carolina State University, 2002; B.S., Civil Engineering, University of North Carolina at Charlotte, 1998. Don Hill, P.E., Geotechnical Investigations (United Consulting). As Chief Engineer for United Consult- ing, Don Hill is responsible for providing quality services, as well as maintaining qualified, well-trained, and progressive engineers. He reviews scope, progress, and analysis of individual projects. He has over forty years experience in design and preparation of working drawings and contract docu- ments for industrial, educational, institutional, governmental, military facilities in the Southeast. Georgia P.E. # 6618. Experience: 43 years/Years with firm: 35. Education: B.S. Building Technology, Auburn University, 1962; M.S. Civil Engineering, Georgia Institute of Technology, 1965. Keith Hogsed, P.E., Data Collection/GIS Applications (Street Smarts/Data Smarts). Keith Hogsed has over fifteen years of experience as a transportation engineer and planner, data collection specialist and Geographic Information Systems (GIS) specialist. His GIS experience includes project level, de- partmental level, and enterprise-wide GIS management. Mr. Hogsed was the 2005 President of the Georgia Section of the Institute of Transportation Engineers (ITE). Georgia P.E. # 26296. Experience: 15 years/Years with firm: 10. Education: B.S. Civil Engineering, Georgia Institute of Technology, 1991; M.S.C.E. Civil Engineering (Transportation), Georgia Institute of Technology, 1992. Marsha Anderson Bomar, Public Involvement (Street Smarts). Marsha Anderson Bomar has more than 30 years of experience in traffic engineering, transportation planning, and public involvement/ public outreach. Ms. Bomar will coordinate the public involvement portion of this project. This in- cludes information gathering, consensus building, and preferred alternatives. Ms. Bomar is Past In- ternational President of the Institute of Transportation Engineers (ITE) and was recently recognized by ITE with the Burton W. Marsh Distinguished Service Award. In 2005, Ms. Bomar was honored with the Society of Women Engineers’ Entrepreneur Award. Experience: 30 years/Years with firm: 17. Educa- tion: B.S. Mathematics, Brooklyn Polytechnic, 1973; M.S. Transportation Planning and Engineering, Brooklyn Polytechnic, 1975; M.S.E. Civil Engineering (Transportation), Princeton University, 1978; M.A. Civil Engineering (Transportation), Princeton University, 1979. Gary Mailhot, Construction Engineering and Inspection (Florence & Hutcheson). Gary Mailhot has over 38 years of experience in roadway construction and inspection, with 34 of those years for GDOT. Mr. Mailhot is experienced in construction engineering and inspection for all types of road- way construction projects. Experience: 38 years/Years with firm: 4. Complete detailed résumés are available on request. CITY OF MILTON Professional Engineering and Planning Services Insurance Information & Certificate of Insurance Street Smarts’ liability insurance carrier is Jim Anderson & Company located in Lawrenceville, Geor- gia. Our coverage includes $1,000,000 of liability for each occurrence with an umbrella of $10,000,000. Our professional liability coverage is $2,000,000 with an aggregate of $4,000,000. An example of our Certificate of Liability Insurance is located below. CITY OF MILTON Professional Engineering and Planning Services References Design Babs Abubakari, P.E. State Program Delivery and Consultant Design Engineer Georgia Department of Transportation No. 2 Capitol Square Atlanta, Georgia 30334 (404) 463-6133 babs.abubakari@dot.state.ga.us David Tucker, ASLA Director, Preconstruction Division Gwinnett County Department of Transportation 75 Langley Drive Lawrenceville, Georgia 30045 (770) 822-7428 David.tucker@gwinnettcounty.com Terry McMickle, P.E. Project Director Henry County Department of Public Works 80 John Frank Ward Boulevard McDonough, Georgia 30253 (678) 610-6341 tmcmickle@co.henry.ga.us Kevin Walter, P.E. Newton County Engineer 1140 Reynolds Street Covington, Georgia 30014 (770) 784-2197/x-25 kwalter@co.newton.ga.us Charles McGiboney, P.E. Deputy Director of Transportation Rockdale County Department of Public Services and Engineering 958 Milstead Avenue Conyers, Georgia 30012 (770) 785-5919 charles.mcgiboney@rockdalecounty.org Keith Golden, P.E. State Traffic Operations Engineer/ State Traffic Safety and Design Engineer Georgia Department of Transportation 935 East Confederate Avenue Atlanta, Georgia 30316 (404) 635-8038/(404 635-8115 keith.golden@dot.state.ga.us Dave Headly Dawson County Manager Dawsonville Business Park - Highway 9 South 76 Howard Avenue East, Suite 120 Dawsonville, Georgia 30534 (706) 344-3501 panderson@dawsoncounty.org Planning Nancy Leathers Community Development Director City of Sandy Springs Morgan Falls Office Park 7840 Roswell Road, Building 500 Sandy Springs, Georgia 30350 (770) 730-5600 nancy.leathers@sandyspringsga.org Joe Allen Executive Director Gwinnett Place CID 3700 Crestwood Parkway Suite 680 Duluth, GA 30096 (678) 924-8171 jallen@gwinnettplacecid.com Marty Allen City of Suwanee 373 Highway 23 Suwanee, GA 30024 (770) 945-8996 MAllen@Suwanee.com David Clark Athens-Clarke County 120 W. Dougherty Street Athens, GA 30603 (706) 613-3440 DavidClark@co.clarke.ga.us Chuck Warbington Gwinnett Village CID 1412 Oakbrook Drive Suite 181 Norcross, GA 30093 (770) 449-6515 chuck@gwinnettvillage.com Kathleen Field Director of Community Development City of Roswell 38 Hill Street Suite G-30 Roswell, GA 30075 (770) 641-3780 communitydev@ci.roswell.ga.us Derron W. King Butts County Community Development Di- rector 625 Third Street West, Suite 4 Jackson, GA 30233 (770) 775-8210 dking@buttscounty.org CITY OF MILTON Professional Engineering and Planning Services Georgia DOT Prequalifications CITY OF MILTON Professional Engineering and Planning Services The Street Smarts Approach to On-Call Projects Leadership: Steve Bitney, Andy Anderson, James Tidwell, John Karnowski, William Dial, and Jim Chambers have a wealth of experience on a broad range of transportation projects and tasks. The project manager and design engineers have solid experience in designing virtually all types of trans- portation projects. The Street Smarts team will be proactive throughout the plan development process in ensuring the advancement of each on-call project assignment to meet or exceed the project schedule. Street Smarts will act as a direct extension of the City of Milton's staff and, if re- quested, we will actively represent the City in discussions and liaison with other agencies, organiza- tions, and the public. Transportation Planning: Street Smarts has extensive experience in trans- portation planning at statewide, regional, and local levels. Our experi- ence includes such activities as: • Freight Movement Studies • Travel Demand Modeling using TranPlan, TransCAD, and QRS-II software • Transit Studies • Parking and Park-Ride Studies • Impact Fee Studies • Airport Landside Studies • Transportation Master Plans • Sub-Area and Corridor Studies • Traffic Calming Studies • Community Improvement Districts • Zoning Overlay Planning Roadway Design: Street Smarts has designed hundreds of transportation projects throughout Geor- gia, including the design of new-location roadways, urban and rural freeways and freeway inter- changes, roadway widenings, intersections, bridges, railroad crossing safety design, median cross- overs, turn lanes, and access control projects; traffic engineering studies; and traffic signal warrants and traffic signal design. Street Smarts has designed a number of innovative projects, including pro- jects involving the application of context-sensitive design and flexibility in design. Street Smarts is very proud to have designed a modern roundabout in Dawson County, Georgia. This was the first permanent roundabout designed for the Georgia Department of Transportation. In addition to hav- ing an extremely talented and experienced group of roadway designers, Street Smarts has perhaps the finest traffic engineering group in Georgia. Also complementing the engineering staff is one of the finest surveying operations in the State of Georgia, capable of putting up to eight survey parties in the field to develop comprehensive survey databases, including survey controls, topographic sur- veys, stream surveys, and property surveys for any type of project. Traffic Operations Studies and Design: Street Smarts has earned a national reputation as a leader in this field. Three of the staff members proposed for this contract - John Karnowski, Julie Doyle, and Larry Overn - are among the most experienced and respected professional traffic engineers in Georgia. In addition, John Karnowski, Julie Doyle, and Larry Overn have earned the prestigious Pro- fessional Traffic Operations Engineer (P.T.O.E.) certification, a symbol of excellence in their profes- sion. Street Smarts is extremely proud to propose these outstanding traffic engineers for the City of Milton on-call services contract. The Street Smarts staff is also a leader in the application of Intelli- gent Transportation Systems (ITS) architecture and standards in the development of Advanced Transportation Management Systems (ATMS) for freeway management, traveler information, traffic signal control, and commercial vehicle and transit operations. CITY OF MILTON Professional Engineering and Planning Services The Street Smarts Approach to On-Call Projects The Street Smarts traffic engineering section has expertise in all areas of traffic engineering, includ- ing accident data analysis, traffic counts, capacity analysis, traffic volume projections, roadway signing and marking, traffic signal warrants and signal design, traffic impact analyses, and ITS appli- cations. Street Smarts uses the latest analysis tools for modeling and simulating traffic conditions (HCS, Synchro, SimTraffic, CORSIM, etc.). We are also very experienced in developing and present- ing graphical demonstrations of traffic simulations to public officials and the general public. Street Smarts engineers have performed hundreds of signal warrant studies and designed or redesigned more traffic signals than we can count. We have experience with all of the latest traffic signal equipment and designs from our work on the Ad- vanced Traffic Controller Project. The Georgia DOT recently recognized our capabilities by awarding Street Smarts the Statewide Signal Upgrade Design project. The Georgia DOT has been extremely impressed with Street Smarts traffic engineering section. In addition to several traffic signal and signal timing projects awarded to Street Smarts, GDOT awarded Street Smarts an Ad- vanced Traffic Controller Project. The project included developing state-specific 2070 hardware and software specifications to be used throughout Georgia. Tasks included planning stakeholder meetings, writing software specifications for lane control software, reviewing other software and hardware specifications, assisting with the migration plan, conversion of timing databases for multi- ple local jurisdictions, implementation of timing plans, and troubleshooting. Street Smarts has helped cities like Atlanta, Woodstock, Athens, and Sandy Springs and counties such as Rockdale, DeKalb, and Paulding develop and refine their traffic calming programs. We have helped many residential communities by designing comprehensive traffic calming plans that relied not only on speed humps to solve cut-throughs, speeding, and safety problems, but also on innovative elements, including roundabouts. Street Smarts has also performed a number of circula- tion and connectivity studies for local governments. Please note that for the past ten years, Street Smarts has provided traffic engineering and transpor- tation planning services for Rockdale County. Street Smarts has been on-call during that period, responding to traffic signal outages, performing traffic calming studies, reviewing access issues, and a number of other related tasks. Bicycle/Pedestrian Facilities: Bicycle/pedestrian facilities can support both recreational and trans- portation needs and focus on trips between neighborhoods and community facilities such as schools, libraries, and parks. Pedestrian/bicycle projects will facilitate short-distance trips along side- walks or multi-use paths, but these facilities can ultimately become links in a broader network of bi- cycle/pedestrian facilities connecting activity centers. Details of a selected design will be in accordance with Georgia DOT's "Special Details for Wheel- chair Ramps, Sidewalks, Driveways and Detectable Warning Surfaces." A number of configurations are possible, but the selected configuration must comply with current ADA Guidelines. A major source for design criteria will be Georgia DOT's "Pedestrian & Streetscape Guide," which provides direction to planners and designers regarding the design and construction of pedestrian facilities. The information in this publication will be used as guidelines only, with sufficient flexibility required to meet the City of Milton's goals and expectations for bicycle and pedestrian facilities. CITY OF MILTON Professional Engineering and Planning Services The Street Smarts Approach to On-Call Projects Street Smarts has a wealth of experience working on bicycle/pedestrian projects and streetscaping/ greenscaping projects. We also have considerable experience in public involvement plans for these projects and presentation of proposed projects to the general public as well as businesses, neighborhood groups, civic organizations, and other project stakeholders. Planning and Design Studio: Street Smarts' Planning and Design Studio is directed by Jay Scott, ASLA, a registered landscape architect with more than thirty years of experience. The Design Stu- dio's work covers a broad range of services for public and private sector clients and includes land- scape architecture and streetscapes, planning and design of multi-use trails, planning and design of mixed-use communities, planning and design of parks and other recreational facilities, planning for Community Improvement Districts (CID), and planning for Livable Communities Initiatives (LCI). Mr. Scott's staff includes two graduate (MLA) landscape architects, an architectural engineer, and technicians. Public School Improvements: Street Smarts has worked extensively with Gwinnett, Walton, and Cobb Counties on school safety projects and school improvements. We have designed seven school safety projects for Gwinnett County. These projects typically include the addition of turn lanes, curb and gutter, sidewalks, improved drainage sys- tems, traffic calming, signing and markings, and traffic signal design. These are turnkey projects, with Street Smarts responsible for all design work, including field surveys and database preparation, traffic studies and design, conceptual design, con- struction plans, right of way plans, specifications and bid documents, and construction inspection. In addition, Street Smarts has developed complete or partial site development plans for more than a dozen schools. This work included site grading, drainage, and detention design; erosion control plans (including NPDES permitting); coordination of school access points with adjacent roadways; traffic studies and design; and coordination with ar- chitects and other engineering specialties involved with the school design. In several cases, Street Smarts was responsible for designing additional parking areas. Surveying: The services to be provided by Street Smarts may include topographic surveys, bound- ary surveys, engineering surveys, geodetic surveys, GPS surveys, as-built surveys, construction and right of way staking, utilities surveys, right of way and deed research, and digital data conversion/ development of digital terrain models. Street Smarts provides fully automated surveying and GPS capabilities. Street Smarts employs the latest technology for conventional and electronic field surveys, land information research, GPS sur- veys, and digital data conversion. The Street Smarts Surveying and GPS group currently has eight (8) survey crews and one (1) GPS survey crew, plus four (4) survey technicians. This group not only has ex- traordinary individual experience, but also has experience working together on projects throughout the State. Many consultants call on Street Smarts to provide surveying ser- vices, a tribute to our expertise in this field. CITY OF MILTON Professional Engineering and Planning Services The Street Smarts Approach to On-Call Projects Environmental Studies and Documentation: Environmental screenings and studies will be done at the outset of project development. Environmental studies will be done by Kimley-Horn & Associates, one of the most experienced and respected firms in the Southeast, and Street Smarts has teamed with the firm on numerous projects. For a typical federal or state aid project, a brief summary of the process is as follows: • The Georgia DOT Plan Development Process (PDP) will be followed. • Determine the level of NEPA/GEPA documentation required (for many projects, a Categori- cal Exclusion (CE) will be appropriate). • Prepare the required environmental studies, reports, and NEPA/GEPA documentation (this will include archaeological, history, ecology, air quality, noise, USTs, hazardous waste sites, and environmental justice studies). • Coordinate reviews of the NEPA document with GDOT, FHWA, and other resource agencies. Work to obtain early buy-in by regulatory agencies. • Incorporate any required mitigation measures into construction plans and right of way plans. • Hold a public hearing after approval of the draft NEPA document. For 100% locally funded projects, the Georgia DOT PDP will not be followed. Locally-funded projects do not require NEPA or GEPA clearance. However, basic environmental screening is recom- mended to determine if any federal permitting requirements must be met. Our environ- mental screening approach typically requires approximately 1-2 days of effort for online research, a site visit, and preparation of a brief memorandum on the findings. If streams under U.S. Army Corps of Engineers jurisdiction are impacted, a Nationwide 404 water- ways permit may be required. The permit is a federal action; therefore two resources must be screened: cultural resources listed on the National Register of Historic Places, and listed Threatened and Endangered species. This screening can often be done via desktop research. If a jurisdictional stream is impacted, we will coordinate with the City of Milton to confirm local flood- plain ordinances, modeling of existing and projected hydrology and hydraulics, and verification that the future conditions will not create an increased rise in the flood level of a foot or more. A fed- eral No-Rise Certification likely would be required, and any changes to the floodplain limits would require a letter requesting modification of the floodplain (Conditional Letter of Map Revision [CLOMR]). Street Smarts has been through this process and has written CLOMR's for numerous pro- jects. FEMA coordination and permitting would be appropriate when the preliminary design is ready and hydraulic modeling supports a no-rise condition by the project. Public Involvement: For some projects, public involve- ment will be a continuing, ongoing process throughout the conceptual design phase and the preliminary and final design phases. At the outset of the conceptual design phase, a public involvement program will be de- veloped. This program could include such elements as public information open house meetings, creation of a citizens advisory group that would meet with the design- ers, meetings with neighborhood and civic associations, newsletters, posters and flyers placed in local busi- nesses, project web site, telephone hotline, press re- leases, radio and television announcements, and other activities intended to inform the public and obtain pub- lic feedback. For most projects, however, a modest public involvement program will be appropri- ate, consisting primarily of a public information open house. The ultimate goal will be to accurately inform local residents and businesses, receive input from the public about community values and preferences, and to build a consensus among the various project stakeholders. CITY OF MILTON Professional Engineering and Planning Services The Street Smarts Approach to On-Call Projects The Street Smarts team is very experienced in developing and managing public involvement pro- grams for both GDOT and local governments. A number of consultants have turned to Street Smarts to perform this service, a testimony to our reputation in this field. Leading the public involvement process for Street Smarts will be Marsha Anderson Bomar. Ms. Bomar has many years of experience in the public involvement process, and she has led numerous design charrettes and workshops. Ms. Bomar is very knowledgeable of both traditional and state-of-the-art techniques for public involve- ment. This knowledge and experience, combined with her personable nature, makes Ms. Bomar the ideal person to lead the public involvement program for the City of Milton's projects. Utilities Coordination: The Street Smarts team will identify all public and private utility owners during the concept phase of each project. A list of all known utility owners will be shown in the project de- sign data book. Coordination with utility owners will begin during the concept development phase. Utility plans will be developed to facilitate coordination between the engineers, construction con- tractors, and utility owners having utilities located in the projects corridor. Utility owner information will be shown on the utility plans and sent to the utility owners for their review and mark-up. The util- ity mark-ups will include existing, relocated, abandoned, retained, and added facilities. The marked-up information will be transferred to the final utility plans. For projects in the GDOT work pro- gram or that affect state routes, GDOT may require the use of subsurface utility engineering (SUE) procedures to accurately locate and identify underground utilities. Please note that Street Smarts is prequalified with GDOT in SUE and has a very experienced staff in this field. Geographic Information Systems (GIS): If requested, the Street Smarts team will provide Geo- graphic Information Systems (GIS) services through its subsidiary company Data Smarts. Keith Hogsed, P.E., GISP, Director of Data Smarts, will be the project lead for these services. Mr. Hogsed is a professional engineer and certified GIS Professional. He brings over 15 years of traffic engineering, transportation planning, and GIS experience to the project team, including experience as the GIS Manager for Gwinnett County. Data Smarts offers GIS services such as needs assessment and peer reviews; implementation plan- ning; GIS program management; database design, construction, and management; data collec- tion, analysis, management, and production, including spatial analysis; custom map production; and training. Bridge and Structural Design: If required, bridge and structural design services will be provided by Kimley-Horn & Associates, one of the most highly respected structural design firms in the Southeast- ern United States. Unless directed otherwise, bridge and structural design will be performed in ac- cordance with the Georgia DOT’s design guidelines. A bridge hydraulics analysis will be performed on structures crossing water. The hydraulics report will determine the location of the end bents, re- quired clearance of the structure, and required opening size. Final bridge plans will include all de- tails and notes required to construct the bridge and will be submitted with the final roadway plans. Geotechnical Engineering: If geotechnical engineering studies are required, Street Smarts will utilize the services of United Consulting, one of the highest-rated geotechnical firms in the Southeastern US. Street Smarts has teamed with United Consulting on numerous projects, and we have an excel- lent working relationship with the firm. Drainage Design: Culvert crossings will be analyzed to determine the hydraulic adequacy, capac- ity, and water surface elevations. Design flows and corresponding headwater elevations will be de- termined. Culverts will be sized to accommodate the appropriate flood events without exceeding the design flood headwater. All bridge and culvert velocities will be checked and appropriate ero- sion control measures used to prevent scour and erosion. William Dial, one of Street Smarts' staff members, is highly experienced in hydrologic and hydraulic engineering. CITY OF MILTON Professional Engineering and Planning Services The Street Smarts Approach to On-Call Projects Erosion and Sediment Control Plans: The Street Smarts team has extensive experience preparing erosion control plans. Six of our roadway design engineers have a current Level II Erosion/ Sedimentation Certification from the Georgia Soil and Water Conservation Commission. All Erosion Control will be prepared in accordance with the “Manual for Erosion Control and Sediment Control in Georgia," the GDOT Plans Preparation Guide (PPG), and other GDOT design guidelines. Best Management Practices (BMP) plans will be developed that match each phase of traffic control. Cost Effectiveness and Project Value: The Street Smarts team understands that resources for improv- ing road and traffic conditions are limited, and that engineers must provide cost-effective designs that deliver the most value for the available funds. The various factors that must be addressed typi- cally include capacity requirements, right-of-way availability, public sentiment and context sensitive design, access control, geotechnical considerations, environmental issues, socio-economic im- pacts, political concerns, and budget constraints. These factors are often in conflict, and our de- sign engineers must balance the project design factors to optimize project value. In our work with local governments, which often have very limited budgets, we have gained a wealth of valuable experience in delivering cost-effective designs that provide the greatest value to our clients. For each project, we will evaluate all elements of the project design during concept development to determine if the value added justifies the cost. Also, every effort will be made to preserve existing roadway elements that are suitable to be incorporated into our design. Street Smarts has been highly successful in using this approach to ensure the greatest project value for the funds available, as our numerous local government clients will attest. The actual improvements to be implemented will be developed during the concept phase, based on traffic engineering studies, accident analy- ses, expected benefit versus cost, and total project funds available. The bottom line: Street Smarts will deliver design plans that provide the most effective possible project that can be constructed with the City's budgeted funds. Constructability and Traffic Control: Maintenance of traffic will be considered from the outset as conceptual designs are evaluated. During conceptual development, we will develop geometric layouts with traffic control in mind. In addition to maintaining through traffic, access to adjacent properties must be maintained. If a road must be temporarily closed, emergency services, local residents, and the general public will be properly notified well in advance. Where possible, the plans will specify that critical lane closures or detours take place during summer months, when traf- fic is lighter. 27 27 A.4 STATEMENT OF QUALIFICATIONS LETTER CITY OF MILTON OFFERORS MUST RETURN THIS SHEET WITH REQ RESPONSE We propose to furnish and deliver any and all of the deliverables and services named in the attached Request for Statement of Qualifications (RFQ) for which prices have been set. The price or prices offered herein shall apply for the period of time stated in the RFQ. It is understood and agreed that this Statement of Qualifications constitutes an offer, which when accepted in writing by Purchasing Office, City of Milton, and subject to the terms and conditions of such acceptance, will constitute a valid and binding contract between the undersigned and the City of Milton. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFQ and that this Statement of Qualifications is made in accordance with the provisions of such specifications. By our written signature on this Statement of Qualifications, we guarantee and certify that all items included in this Statement of Qualifications 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 of Milton reserves the right to reject any or all submittals, waive technicalities, and informalities, and to make an award in the best interest of the city. It is understood and agreed that this Statement of Qualifications shall be valid and held open for a period of one hundred twenty (120) days from Statement of Qualifications opening date. STATEMENT OF QUALIFICATIONS SIGNATURE AND CERTIFICATION (Offeror to sign and return with Statement of Qualifications) I certify that this Statement of Qualifications is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Statement of Qualifications for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the Statement of Qualifications and certify that I am authorized to sign this Statement of Qualifications for the offeror. I further certify that no provision of Georgia law has been violated, nor will any provision of Georgia law be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name_________________________________ Print/Type Company Name Here_______________________________________________ Prime Sub 2 Sub 3 Sub 4 Sub 5 Sub 6 Sub 7 Sub 8Principal $60.12 N/A N/AProject Manager $51.12 N/A N/A $31.60Senior Engineer $47.00 $56.04 $46.63Senior Planner $47.83 $43.67Planner $32.75 $31.80Engineer $41.20 $40.00 $37.01Technician $30.46 $27.25 $23.79Administrator $23.62 $18.18 $30.29CADD Technician $30.05 $30.52Staff Engineer $36.36 $27.88Liason Project Manager $44.00Senior Inspector $25.68Inspector II $21.21Inspector I $17.35Inspector Aid $13.95% Overhead$138.08 $194.29 $184.57 $144.05Other Direct Cost:Mileage $0.55 per mile Prime Sub 5Reproduction actual cost Sub 2 Sub 6Mail/Fed Ex/Courier actual cost Sub 3 Sub 7Traffic Tube Counts actual cost Sub 4 Sub 8City of Milton will negotiate profit percentage.City will use a combination of raw hourly rates, audited overhead values, and profit to determine the standard hourly rates.Note: Direct cost will be reimbursed at actual cost and are not eligible for any profit markup. Documentation will be requiredWhere there is a reference in the RFQ to deliverables, submission requirements or other response and contract performance discussions, said discussion may not be all inclusive of all requirements in the RFQ. It is incumbent upon the contractor to read this entire RFQ carefully and respond to, and price, all requirements and ensure “Total Contract Value for ALL Requirements” above includes all requirements.City of Milton will expect to see audited overhead rates for the prime and sub consultants for their latest fiscal year and City of Milton plans to use the audit values during negotiation. City of Milton expectsaudited financial information to be available at the initiation of negotiation. Kimley-HornFlorence & HutchesonUnited ConsultingA.5 COST PROPOSAL( SPREADSHEET FORM IS OPTIONAL)OFFERORS MUST RETURN COST SHEET WITH RFQ RESPONSE (SPREADSHEET PRINTOUT OR ADDENDUM #1 PRINTOUT)Street SmartsJOBCLASSRAW HOURLY RATESFirm Names Firm Names 29 29 A.6 DISCLOSURE FORM CITY OF MILTON OFFERORS MUST RETURN THIS SHEET WITH REQ RESPONSE 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 Offeror __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ REPRESENTATIVE CLIENTS INCLUDE: AEC, Inc., AG Armstrong Development, LLC, Agnes Scott College, Alston & Bird, American Engineers, Inc., AMLI Realty Company, Archdiocese of Atlanta, Archer Western Contractors, Ltd., Arlington County Department of Environmental Services, Atlanta Country Day School, Atlanta History Center, Atlanta Regional Commission, B & E Jackson Engineers, Balch and Bing- ham, LLC, Beazer Homes, Blue Ridge Engineering, Bowen Family Homes, Brock Design Group, Inc., Bullard Land Planning, Callas Devel- opment Company, Calvary Christian Fellowship, Camp Dresser & McKee, Inc., Candler Development Company, Capital Partners De- velopment, Inc., Capital Transit Consultants (CTC), Carl Walker, Inc., Carter & Associates, Carter Worldwide Real Estate Services, Catellus Development Corporation, Catholic Church – Suwanee, Catholic Construction Services, CB Commercial Real Estate Group, CBL & As- sociates, Centers for Disease Control, Centex Homes, CGLS Architects, Inc., Chandler Academy, Chateau Elan, Chatham Holdings, Chattahoochee Christian Church, Cherokee County, Chicago Transit Authority, Children’s School, Childress Klein Properties, Christ Church, Christ the King Catholic Church, City of Albany, City of Atlanta, City of Kennesaw, City of Lilburn, City of Manassas, City of Peachtree City, City of Pittsburgh, City of Roswell, City of Suwanee, City of Toledo, City of Victoria, Clemson University, Clough, Harbour & Associates LLP, Cobb & Associates Architects, Inc., Cobb County DOT, Colony Homes, Columbia Engineering, Inc., Columbia Proper- ties Inc., Commercial Development Group, Inc, Compass Development, Conway Trucking, Cooper Carry & Associates, Inc., Corgan Associates, Cornerstone Development, Cousins Properties, Inc., Covenant Presbyterian Church, Crabapple Baptist Church, Crescent Resources, LLC, CTL & Associates, D.G. Jenkins Development Corporation, D.M.T., Inc., Daniel Realty Corporation, LLC, Davis Academy, Dawson County, Day, Wilburn & Associates, DeBartolo Development, Decatur Housing Authority, Dekalb County Public School SPLOST, Dekalb County Traffic & Engineering Department, Dekalb Medical Center, Delaware DOT, Delon Hampton & Associates, DEO Prepara- tory School of Georgia, Design Associates Architects, Inc., Development Consultants Group, Diedrich Architects & Associates, Diversified Development, Donnellan School, Douglas County, Doulgerakis Consulting Engineers, Inc., DR Horton, Inc.-Torrey, DS Atlantic Tribble & Richardson, Inc., Duke Realty Corporation, Duluth Middle School, Dunwoody Neighborhood Association, Eagle Group, Easlan Capital, Inc., Eberly & Associates, Inc., EDAW, Inc., Elite Land Development, Inc., EMC Engineering, Engineering Group, Inc., Eric Colbert & Associ- ates Architects, Faison, Falling Water Investment, Ltd., Federal Highway Administration, Fidelity Properties, Inc., Figg Engineering Group, First Classic Homes, Inc., First Industrial Development Services, Florida DOT, Foresite Group, Forsyth County, Forum Development Group, Four Seasons Development, Fowler YMCA, Franzman/Davis & Associates, Freiberg Geotechnical, Frontier Real Estate Group, LLC, Fulton County Department of Public Works, Fulton County Schools, Gables Residential, Garden Hills Civic Association, Garrett Consulting Ser- vices, Inc., Gaultney Development Company, LLC, George Butler Law Offices, Georgia Commercial Developers, LLC, Georgia Conser- vacy, Georgia DOT, Georgia Electric Co., Inc., Georgia World Congress Center Authority, Glenridge Development, LLC, Greater Atlanta Christian School, Green Space Properties, LLC, Greenhorne & O’Mara, Inc., Gresham Smith & Partners, Grice & Associates, Gwinnett Chamber of Commerce, Gwinnett County DOT, Gwinnett County Public Schools, Gwinnett Place CID, H+M Architects/Engineers, Inc., Habersam Investment & Development, Hall Development, Halpern Enterprises, Inc., Halvorsen Development, Hartman, Simons, Spielman & Wood, LLP, Hayes, James, & Associates, Inc., HDR Engineering, Inc., Heath & Lineback Engineers, Inc., Hedgewood Properties, Henry County DOT, Hillsborough County/The Planning Commission, HNTB, Hodges, Harbin, Newberry & Tribble, Inc., HOH, HOK Architects, Holder Construction, Holt, Ney, Zatcoff & Wasserman, Holy Innocents’ Episcopal School, Holy Spirit Church School, Horton Development, Hughes, Good, O’Leary & Ryan (HGOR), Huntcliff Homeowners, I-95 Corridor Coalition, IDI, Isakson-Barnhart, Iteris, Inc., J.B. Trimble, Inc., Jackson County, Jacoby Development, Inc., James Frazier Development, James Westbrook & Associates, LLC, Jefferson Consultants, Jim Cowart, Inc., John Weiland Homes, jon Benson + associates, Inc. (jB+a), Jones Lang LaSalle, Jordan Jones & Goulding, Jova/Daniels/ Busby, JRC/Towne Lake Ltd., Julian LeCraw & Company, Inc., KB Home Atlanta, LLC, Keck & Wood, Inc., Kennedy Capitol Group, Ken- tucky Airport, Kilpatrick Stockton LLP, Kimley-Horn & Associates, Inc., Knight Architects, Landon Group, Inc., Landworks Associates, Inc., Laurel Woods Subdivision, Lifestyle Communities, Inc., Lindsay, Pope, Brayfield & Associates, Long Engineering, Inc., Lord, Aeck, Sargent, Inc., Lose & Associates, Loudoun County, Office of Transportation, Louis Berger & Associates, Inc., Lowe Engineers, LPA Group, Lula Church of Christ, M&M Development Company, Inc., MACTEC, Mall Properties, MCA Architects, McCar Homes, Mead Corporation, Metcalf & Eddy, Mills Corporation, Minerva Properties, LLC, MLK Historic Center, Moore-Bass Consulting, Moreland-Altobelli Associates, Inc., MSE, Mt. Vernon Baptist Church, Mullen Company, Myrick Company, New Jersey DOT, New South Commercial Properties, Inc., Newton County, Norfolk Southern Real Estate Development, North Carolina DOT, North Cherokee Electric, North Point Community Church, Northeast Georgia Medical Center & Health System, Oak Hill Baptist Church, Oakwood Properties, Ocala/Marion County Eco- nomic Development Corp., Oconee County, Ogram Architects, Old Snellville Ventures, Ltd., Olympia Development Group, Paces Prop- erties, Inc., Pacific Group, Panattoni Development Company, Parsons Transportation Group, Inc., Parsons, Brinckerhoff, Quade & Doug- las, Pathway Communities, Patillo Construction Company, Patrick & Associates, Inc., Patton-Boyer, Inc., PBS & J, Peachtree Group, Peachtree Residential Properties, Pegasus Associates International, Inc., Pharr Engineering, Phelps Engineering Consultants, LLC, Pied- mont Healthcare, Pieper O’Brien Herr, Pinnacle Development Group, Pinnacle Engineering, Pinnacle Land Investment, LLC, Planners & Engineers Collaborative, Pond & Company, Pope & Land Enterprises, Inc., Port Authority of New York and New Jersey, Precision Planning, Inc., Premier Planning Developments, Inc., Prime Engineering, Inc., Primerica Financial Services, PRS Construction, Pulte Home Corpora- tion, QK4, QST Environmental, QuikTrip Corporation, R.J. Haynie & Associates, Inc., RACO General Contractors, Inc., Regency Centers, Retail Planning Corporation, Richport Properties, Riley, Park, Hayden & Associates, Inc., Rivercliff Lutheran Church, Robertson, Loia, Roof Architects & Engineers, Rochester & Associates, Inc., Rockdale County, Rooker and Associates, Sandy Springs Revitalization, Scientific- Atlanta, Inc., Scott Hudgens Companies, Seefried Properties, Inc., Selig Enterprises, SEM Architects, Inc., Sembler Co., SGA Architects, Inc., Sharon McSwain Homes, Smallwood, Reynolds, Stewart, Stewart & Associates, Sofran Group, Southeastern Railway Museum, South- ern Catholic College, Southern Civil Engineers, Southern Engineering, LLC, Southland Engineering, Spalding County Board of Commis- sions, Spartanburg County, St. George’s Episcopal School, Stang & Newdow, Inc., Surber & Barber Architects, Inc., Sverdrup-Gilbane, Taylor & Mathis, TBE Group, Inc., Temple-Inland Land & Timber, Thompson, Ventulett, Stainback & Associates, Touchstone Homes/United General Industries, Inc., Travis Pruitt & Associates, P.C., Tunnell-Spangler & Associates, United Consulting Group, Ltd., United States Postal Service, University Hospital, University of Georgia, URS Corporation, USInfrastructure, Inc., Ventura County Transportation Commission, Virginia Department of Transportation, Volkert & Associates, Inc., W.R. Toole Engineers, Inc., Waffle House Construction, Watermarke Development, Watkins Associated Developers, Inc., Watts & Browning Engineers, Weeks Corporation, West Metro Church of Christ, West Paces/Northside Neighborhood Association, Weston Solutions, Inc., Westside Public Development Authority, Wheeler/Kolb Manage- ment, Wiggins Associates, Wilbur Smith Associates, Wisconsin DOT, Wolverton & Associates, Inc., Wood and Partners, Worthing Southeast. RFQ 08-001 URS This is the Standard Professional Services Agreement of the City of Milton. Any consultant doing business with the City must enter into this Agreement. PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is effective as of this_____ day of _____________, 2008, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Council of the City of Milton (“City"), and URS Corporation, a Georgia Corporation, ("Consultant"), collectively referred to as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain Consultant to provide certain services generally described as general engineering and planning services as requested by the City by Task Order (the “Work”); and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work contemplated under this Agreement; and WHEREAS, the Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, the Consultant desires to perform the Work under the terms and conditions set forth in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and NOW, THEREFORE, the Parties hereto do mutually agree as follows: A. Project Description General engineering and planning services as requested by the City by Task Order. B. The Work The Work to be completed under this Agreement (the “Work”) is referenced in the original RFQ 08-001, attached to this agreement by reference (issued by the City of Milton Public Works Department on June 5, 2008) and the Consultant’s original response as attached in Exhibit E. 2 2 C. Schedule, Completion Date, and Term of Agreement The term of this Agreement shall be from the date of execution until December 31, 2008, unless terminated earlier as provided for herein. This Agreement shall automatically renew on January 1, 2009 and on January 1 of each year thereafter absent written notice of non-renewal provided by the City to the Consultant at least sixty (60) days prior to December 31, 2008 or December 31 of any then current renewal term thereafter, provided that this Agreement shall terminate absolutely and without further obligation on the part of the City on December 31 of each year. This Agreement shall terminate absolutely and without any further obligation on the part of the City on September 30th 2013. Title to any supplies, materials, equipment or other personal property shall remain the Consultants’ until fully paid for by the City. II. WORK CHANGES A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. C. The City Manager has authority to execute without further action of the City of Milton Mayor and 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 total amount to be paid under this Agreement, as set forth in Section III(B) below. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000 must be approved by resolution of the City of Milton Mayor and Council. III. COMPENSATION AND METHOD OF PAYMENT A. City agrees to pay the Consultant for City approved services performed and costs incurred by Consultant upon certification by the City that the services were actually performed and costs actually incurred in accordance with the Agreement. “Task Orders” will be issued to the Consultant stating City requirements for each task requested of Consultant by the City pursuant to this Agreement. Task Orders will be addendums to this Agreement and will be on the 3 3 form provided by the City. Compensation for services performed and reimbursement for costs incurred shall be paid to the Consultant upon receipt and approval by the City of invoices setting forth in detail the services performed and costs incurred. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handle through change orders as described in Section II above. The City shall pay the Consultant within thirty (30) days after approval of the invoice by City staff. B. The compensation for services performed shall be based upon specified rates documented in Exhibit C. C. Reimbursement for costs incurred shall be limited as follows. Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail charges, photocopying time shall be at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall also be at cost. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. B. Budgetary Limitations Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principles 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 principals of Consultant’s profession and industry, Consultant will give written notice immediately to the City. C. City’s Reliance on the Work The Consultant acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Consultant and that, therefore, the City bears no responsibility for Consultant’s services performed under this Agreement. The Consultant acknowledges and agrees that the acceptance of designs, plans, and specifications by the City is limited to the function of determining whether there has been compliance with what is required 4 4 to be produced under this Agreement. The 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, or specifications by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. D. Consultant’s Reliance of Submissions by the City Consultant must have timely information and input from the City in order to perform the services required under this Agreement. Consultant is entitled to rely upon information provided by the City, but Consultant shall be required to provide immediate written notice to the City if Consultant knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. E. Consultant’s Representative Don Harris, P.E. Vice President shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative. F. Assignment of Agreement The Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved sub Consultants, the Consultant shall be solely responsible for reimbursing them and the City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub Consultant, anyone directly or indirectly employed by the Consultant or sub Consultant or anyone for whose acts the Consultant or sub Consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub Consultant, anyone directly or indirectly employed by the Consultant or sub Consultant or anyone for whose acts the Consultant or sub Consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by 5 5 any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub Consultant under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. H. Independent Consultant Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent Consultant and not as the agent or employee of the City. The Consultant agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Consultants, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and sub Consultants during the life of this Agreement. Any provisions of this Agreement that may appear to give the 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 the City with regard to the results of such services only. I. Insurance (1) Requirements: The 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 the Consultant, its agents, representatives, employees or sub Consultants. All policies shall be subject to approval by the City Attorney 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 limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal 6 6 injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the 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 per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with 7 7 defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VII. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) SubConsultants: 8 8 Consultant shall include all sub Consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub Consultant. All coverage for sub Consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (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. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. J. Employment of Unauthorized Aliens Prohibited It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “A” and “B” that it and Consultant’s sub Consultants have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Consultant’s and Consultant’s sub Consultants’ verification process to determine that the verification was correct and complete. The Consultant and Consultant’s sub Consultants shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant’s sub Consultants employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and Consultant’s sub Consultants agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Consultant or Consultant’s sub Consultants are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Consultant to terminate or require its sub Consultant to terminate that person’s employment immediately and to report same to the Department of Homeland Security. The Consultant’s failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Consultant shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. 9 9 Consultant agrees that the employee-number category designated below is applicable to the Consultant. __X__ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Consultant agrees that, in the event the Consultant employs or contracts with any sub Consultant(s) in connection with this Agreement, the Consultant will secure from the sub Consultant(s) such sub Consultant(s’) indication of the above employee-number category that is applicable to the sub Consultant. Consultant’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10- 1-.02 shall be attested by the execution of the Consultant’s affidavit attached as Exhibit “A.” 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) Records shall be established and maintained by the Consultant in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Consultant shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. 10 10 (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Consultant will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. L. Conflicts 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. M. Confidentiality Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its sub Consultants, consultants, and/or staff to likewise protect such confidential information. The Consultant agrees that confidential information it 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 the City. The Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. N. Compliance with Laws Regulating Illegal Aliens The United States Congress enacted the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, which required the former Immigration and Naturalization Service (now the Department of Homeland Security) to establish a system for verifying the immigration status of non-citizen applicants for, and recipients of, certain types of federally funded benefits, and to make the system available to Federal, State, and local benefit-issuing agencies and institutions that administer such benefits. The Consultant covenants and declares that it is enrolled in the Basic Employment Verification Pilot Program, and that it has verified the employment eligibility of all its employees utilizing such program. Consultant shall likewise require all sub Consultants or sub- consultants to verify the employment eligibility of all their respective employees utilizing the Basic Employment Verification Pilot Program. Consultant shall provide documentation prior to commencing work under this Agreement, in a form acceptable to the City, affirming the Consultant’s compliance with this Section. O. Licenses, Certifications and Permits 11 11 The Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Consultant by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. P. Key Personnel All of the individuals identified in Exhibit “D” are necessary for the successful prosecution 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 “D”, without written approval of the City. Consultant recognizes that the composition of this team was instrumental in the City’s decision to award the work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for the 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 section shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination. Consultant shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Consultant shall be solely responsible for any such sub Consultants in terms of performance and compensation. Q. Authority to Contract The Consultant covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. R. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Consultant (“materials”) shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Consultant or sub Consultant upon completion or termination of the work shall be delivered immediately to the City. The Consultant assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. V. COVENANTS OF THE CITY A. Right of Entry 12 12 The City shall provide for right of entry for Consultant and all necessary equipment to City facilities described in any Task Order, in order for Consultant to complete the Work. B. City’s Representative Sara Leaders shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative. VI. TERMINATION A. The City shall have the right to terminate this Agreement for any reason whatsoever by providing written notice thereof at least five (5) calendar days in advance of the termination date. The Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of the City’s failure to pay the Consultant within thirty (30) days of Consultant providing the City with notice of a delinquent payment and an opportunity to cure. B. Upon termination, City shall provide for payment to the Consultant for services rendered and expenses incurred prior to the termination date. C. Upon termination, the Consultant shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Consultant in performing this Agreement, whether completed or in process, in the form specified by the City. D. The rights and remedies of the City and the Consultant provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. NO PERSONAL LIABILITY No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. VIII. ENTIRE AGREEMENT 13 13 This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. IX. 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. X. APPLICABLE LAW If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. XI. CAPTIONS AND SEVERABILITY The caption or headnote on articles or sections of this Agreement are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed and the remainder of this Agreement shall remain in full force and effect to the extent possible. XII. BUSINESS LICENSE Prior to commencement of the services to be provided hereunder, Consultant shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the term of this Agreement. XIII. NOTICES A. Communications Relating to Daily Activities All communications relating to the day-to-day activities of the Work shall be exchanged between Sara Leaders for the City and Loai El-Gazairly, Ph.D, P.E. for the Consultant. B. Official Notices 14 14 All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107f Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: URS Corporation 400 Northpark Town Center 1000 Abernathy Road, NE, Suite 900 Atlanta, GA 30328 XIV. WAIVER OF AGREEMENT The City’s failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. XV. SOVEREIGN IMMUNITY Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. XVI. FORCE MAJEURE Neither the City nor Consultant shall be liable for their respective non-negligent or non- willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. 15 15 IN WITNESS WHEREOF the City and the Consultant have executed this Agreement effective as of the date the City Manager executes this Agreement on behalf of the City. [SIGNATURES ON FOLLOWING PAGE] 16 16 Approved as to form: _______________________________ City Attorney CONSULTANT: ___________________________________ By: _____________________________ Its: _____________________________ [CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ CITY OF MILTON: ___________________________________ By: _____________________________ Its: _____________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ 17 17 EXHIBIT “A” STATE OF GEORGIA CITY OF MILTON CONSULTANT AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any sub Consultant(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, Consultant will secure from such sub Consultant(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Sub Consultant Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit “1.” Consultant further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the sub Consultant(s) is retained to perform such service. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Consultant Name) _________________________________________ Title of Authorized Officer or Agent of Consultant _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ ________________________________________ Notary Public My Commission Expires: ___________________ 18 18 EXHIBIT “B” STATE OF GEORGIA CITY OF MILTON SUBCONSULTANT AFFIDAVIT: LONG ENGINEERING, INC. By executing this affidavit, the undersigned sub Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of Consultant) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Sub Consultant Name) _________________________________________ Title of Authorized Officer or Agent of Sub Consultant _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ _________________________________________ Notary Public My Commission Expires: _________________________________________ 19 19 EXHIBIT “B” CONTINUED STATE OF GEORGIA CITY OF MILTON SUBCONSULTANT AFFIDAVIT: EDAW By executing this affidavit, the undersigned sub Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of Consultant) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Sub Consultant Name) _________________________________________ Title of Authorized Officer or Agent of Sub Consultant _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ _________________________________________ Notary Public My Commission Expires: _________________________________________ 20 20 EXHIBIT “B” CONTINUED STATE OF GEORGIA CITY OF MILTON SUBCONSULTANT AFFIDAVIT: WILMER ENGINEERING, INC. By executing this affidavit, the undersigned sub Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of Consultant) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Sub Consultant Name) _________________________________________ Title of Authorized Officer or Agent of Sub Consultant _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ _________________________________________ Notary Public My Commission Expires: _________________________________________ 21 21 EXHIBIT “B” CONTINUED STATE OF GEORGIA CITY OF MILTON SUBCONSULTANT AFFIDAVIT: WOLVERTON & ASSOCIATES By executing this affidavit, the undersigned sub Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of Consultant) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Sub Consultant Name) _________________________________________ Title of Authorized Officer or Agent of Sub Consultant _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ _________________________________________ Notary Public My Commission Expires: _________________________________________ 22 22 EXHIBIT “B” CONTINUED STATE OF GEORGIA CITY OF MILTON SUBCONSULTANT AFFIDAVIT: TISCHLERBISE By executing this affidavit, the undersigned sub Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of Consultant) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Sub Consultant Name) _________________________________________ Title of Authorized Officer or Agent of Sub Consultant _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ _________________________________________ Notary Public My Commission Expires: _________________________________________ 23 23 EXHIBIT “C” Rates for Compensation The Table below provides the negotiated rates for this agreement. X:\Public Works\Admin\OnCall\URS\URS Hourly Rates_100908 10/9/20083:10 PM TABLE 1: HOURLY LABOR RATES BY FIRM, BY JOB CLASS, BY YEAR FIRM JOB CLASS LOOKUP 2008 2009 2010 2011 2012 2013 1 URS Principal URS:Principal 212.56$ 220.00$ 227.70$ 235.67$ 243.92$ 252.46$ 2 URS PrjMgr URS:PrjMgr 163.97$ 169.71$ 175.65$ 181.79$ 188.16$ 194.74$ 3 URS QA/QC URS:QA/QC 168.66$ 174.57$ 180.68$ 187.00$ 193.55$ 200.32$ 4 URS SrEngr URS:SrEngr 139.55$ 144.44$ 149.49$ 154.72$ 160.14$ 165.74$ 5 URS SrPlanner URS:SrPlanner 138.76$ 143.62$ 148.64$ 153.85$ 159.23$ 164.80$ 6 URS Planner URS:Planner 97.83$ 101.25$ 104.80$ 108.46$ 112.26$ 116.19$ 7 URS Engineer URS:Engineer 102.35$ 105.94$ 109.64$ 113.48$ 117.45$ 121.56$ 8 URS EnvSpclst URS:EnvSpclst 97.97$ 101.40$ 104.95$ 108.62$ 112.42$ 116.35$ 9 URS Tech URS:Tech 84.16$ 87.10$ 90.15$ 93.30$ 96.57$ 99.95$ 10 URS Admin URS:Admin 53.70$ 55.58$ 57.52$ 59.53$ 61.62$ 63.77$ 11 Long Sr_RLS Long:Sr_RLS 154.39$ 159.79$ 165.38$ 171.17$ 177.16$ 183.37$ 12 Long RLS Long:RLS 118.98$ 123.14$ 127.45$ 131.91$ 136.53$ 141.31$ 13 Long Tech Long:Tech 77.02$ 79.71$ 82.50$ 85.39$ 88.38$ 91.47$ 14 Long SurvCrew_2 Long:SurvCrew_2 99.50$ 102.99$ 106.59$ 110.32$ 114.18$ 118.18$ 15 EDAW Principal EDAW:Principal 290.49$ 300.66$ 311.18$ 322.07$ 333.35$ 345.01$ 16 EDAW PrjMgr EDAW:PrjMgr 202.77$ 209.87$ 217.21$ 224.81$ 232.68$ 240.83$ 17 EDAW SrPlanner EDAW:SrPlanner 134.93$ 139.65$ 144.54$ 149.60$ 154.83$ 160.25$ 18 EDAW Planner EDAW:Planner 105.02$ 108.69$ 112.50$ 116.43$ 120.51$ 124.73$ 19 EDAW Tech EDAW:Tech 92.36$ 95.59$ 98.94$ 102.40$ 105.99$ 109.70$ 20 EDAW Admin EDAW:Admin 132.05$ 136.67$ 141.46$ 146.41$ 151.53$ 156.84$ 21 Wilmer Principal Wilmer:Principal 258.72$ 267.78$ 277.15$ 286.85$ 296.89$ 307.28$ 22 Wilmer PrjMgr Wilmer:PrjMgr 176.14$ 182.30$ 188.68$ 195.29$ 202.12$ 209.19$ 23 Wilmer SrEngr Wilmer:SrEngr 118.30$ 122.44$ 126.72$ 131.16$ 135.75$ 140.50$ 24 Wilmer PrjEngr Wilmer:PrjEngr 92.86$ 96.11$ 99.48$ 102.96$ 106.56$ 110.29$ 25 Wilmer Engineer Wilmer:Engineer 74.63$ 77.24$ 79.95$ 82.75$ 85.64$ 88.64$ 26 Wilmer Geologist Wilmer:Geologist 74.61$ 77.23$ 79.93$ 82.73$ 85.62$ 88.62$ 27 Wilmer TechRptSpec Wilmer:TechRptSpec 71.99$ 74.51$ 77.12$ 79.82$ 82.61$ 85.51$ 28 Wilmer Tech Wilmer:Tech 48.29$ 49.98$ 51.73$ 53.54$ 55.42$ 57.36$ 29 Wolverton Principal Wolverton:Principal 185.59$ 192.08$ 198.81$ 205.76$ 212.97$ 220.42$ 30 Wolverton PrjMgr Wolverton:PrjMgr 109.90$ 113.75$ 117.73$ 121.85$ 126.11$ 130.53$ 31 Wolverton Sr_RLS Wolverton:Sr_RLS 170.70$ 176.68$ 182.86$ 189.26$ 195.88$ 202.74$ 32 Wolverton RLS Wolverton:RLS 107.79$ 111.56$ 115.46$ 119.50$ 123.69$ 128.02$ 33 Wolverton Sr_SUE Wolverton:Sr_SUE 67.45$ 69.81$ 72.26$ 74.79$ 77.40$ 80.11$ 34 Wolverton SUE1 Wolverton:SUE1 36.63$ 37.92$ 39.24$ 40.62$ 42.04$ 43.51$ 35 Wolverton SUE2 Wolverton:SUE2 44.85$ 46.42$ 48.05$ 49.73$ 51.47$ 53.27$ 36 Wolverton Tech Wolverton:Tech 78.67$ 81.42$ 84.27$ 87.22$ 90.27$ 93.43$ 37 Wolverton Admin Wolverton:Admin 63.97$ 66.21$ 68.52$ 70.92$ 73.40$ 75.97$ X:\Public Works\Admin\OnCall\URS\URS Hourly Rates_10090810/9/20083:30 PMTABLE 2: RATES FOR PROVISION OF SERVICES BY ITEM, BY UNIT PRICE, BY YEARFIRMITEMLOOKUP200820092010201120122013UNIT1 Wilmer GES 2c Wilmer:GES 2c 0.20$ 0.21$ 0.21$ 0.22$ 0.23$ 0.24$ page2 Wilmer GES 2d Wilmer:GES 2d 35.00$ 36.23$ 37.49$ 38.81$ 40.16$ 41.57$ day3 Wilmer GES 3 Wilmer:GES 3 30.00$ 31.05$ 32.14$ 33.26$ 34.43$ 35.63$ day4 Wilmer GES 4 Wilmer:GES 4 30.00$ 31.05$ 32.14$ 33.26$ 34.43$ 35.63$ day5 Wilmer Drilling 1a Wilmer:Drilling 1a 500.00$ 517.50$ 535.61$ 554.36$ 573.76$ 593.84$ LS6 Wilmer Drilling 1b Wilmer:Drilling 1b 3.00$ 3.11$ 3.21$ 3.33$ 3.44$ 3.56$ mile7 Wilmer Borings 2a Wilmer:Borings 2a 11.00$ 11.39$ 11.78$ 12.20$ 12.62$ 13.06$ LF8 Wilmer Borings 2b Wilmer:Borings 2b 13.00$ 13.46$ 13.93$ 14.41$ 14.92$ 15.44$ LF9 Wilmer Borings 2c Wilmer:Borings 2c 20.00$ 20.70$ 21.42$ 22.17$ 22.95$ 23.75$ each10 Wilmer Auger Wilmer:Auger 8.00$ 8.28$ 8.57$ 8.87$ 9.18$ 9.50$ LF11 Wilmer Shelby Wilmer:Shelby 90.00$ 93.15$ 96.41$ 99.78$ 103.28$ 106.89$ each12 Wilmer Bag Wilmer:Bag 35.00$ 36.23$ 37.49$ 38.81$ 40.16$ 41.57$ each13 Wilmer Coring a Wilmer:Coring a 200.00$ 207.00$ 214.25$ 221.74$ 229.50$ 237.54$ hole14 Wilmer Coring b Wilmer:Coring b 47.00$ 48.65$ 50.35$ 52.11$ 53.93$ 55.82$ LF15 Wilmer Coring c Wilmer:Coring c 8.00$ 8.28$ 8.57$ 8.87$ 9.18$ 9.50$ LF16 Wilmer Coring e Wilmer:Coring e 265.00$ 274.28$ 283.87$ 293.81$ 304.09$ 314.74$ day17 Wilmer Temp well Wilmer:Temp well 35.00$ 36.23$ 37.49$ 38.81$ 40.16$ 41.57$ foot18 Wilmer Grouting Wilmer:Grouting 10.00$ 10.35$ 10.71$ 11.09$ 11.48$ 11.88$ foot19 Wilmer Coring a Wilmer:Coring a 125.00$ 129.38$ 133.90$ 138.59$ 143.44$ 148.46$ job20 Wilmer Coring b Wilmer:Coring b 1.75$ 1.81$ 1.87$ 1.94$ 2.01$ 2.08$ each21 Wilmer Coring c Wilmer:Coring c 2.25$ 2.33$ 2.41$ 2.49$ 2.58$ 2.67$ each22 Wilmer Coring d Wilmer:Coring d 50.00$ 51.75$ 53.56$ 55.44$ 57.38$ 59.38$ each23 Wilmer CBR test Wilmer:CBR test 150.00$ 155.25$ 160.68$ 166.31$ 172.13$ 178.15$ day24 Wilmer Field time Wilmer:Field time 190.00$ 196.65$ 203.53$ 210.66$ 218.03$ 225.66$ hour25 Wilmer Drill crew Wilmer:Drill crew 100.00$ 103.50$ 107.12$ 110.87$ 114.75$ 118.77$ hour26 Wilmer Saw Shelby Wilmer:Saw Shelby 25.00$ 25.88$ 26.78$ 27.72$ 28.69$ 29.69$ each27 Wilmer Unit weight Wilmer:Unit weight 60.00$ 62.10$ 64.27$ 66.52$ 68.85$ 71.26$ each28 Wilmer MC Wilmer:MC 15.00$ 15.53$ 16.07$ 16.63$ 17.21$ 17.82$ each29 Wilmer Atterberg Wilmer:Atterberg 80.00$ 82.80$ 85.70$ 88.70$ 91.80$ 95.01$ each30 Wilmer Part size 1 Wilmer:Part size 1 40.00$ 41.40$ 42.85$ 44.35$ 45.90$ 47.51$ each31 Wilmer Part size 2 Wilmer:Part size 2 75.00$ 77.63$ 80.34$ 83.15$ 86.06$ 89.08$ each32 Wilmer Part size 3 Wilmer:Part size 3 130.00$ 134.55$ 139.26$ 144.13$ 149.18$ 154.40$ each33 Wilmer Part size 4 Wilmer:Part size 4 60.00$ 62.10$ 64.27$ 66.52$ 68.85$ 71.26$ each34 Wilmer SG Wilmer:SG 65.00$ 67.28$ 69.63$ 72.07$ 74.59$ 77.20$ each35 Wilmer OC Wilmer:OC 80.00$ 82.80$ 85.70$ 88.70$ 91.80$ 95.01$ each X:\Public Works\Admin\OnCall\URS\URS Hourly Rates_10090810/9/20083:30 PM36 Wilmer Shrinkage Wilmer:Shrinkage 120.00$ 124.20$ 128.55$ 133.05$ 137.70$ 142.52$ each37 Wilmer MD a Wilmer:MD a 130.00$ 134.55$ 139.26$ 144.13$ 149.18$ 154.40$ each38 Wilmer MD b Wilmer:MD b 145.00$ 150.08$ 155.33$ 160.76$ 166.39$ 172.21$ each39 Wilmer MD c Wilmer:MD c 150.00$ 155.25$ 160.68$ 166.31$ 172.13$ 178.15$ each40 Wilmer MD d Wilmer:MD d 160.00$ 165.60$ 171.40$ 177.39$ 183.60$ 190.03$ each41 Wilmer MD e Wilmer:MD e 275.00$ 284.63$ 294.59$ 304.90$ 315.57$ 326.61$ each42 Wilmer CT a Wilmer:CT a 500.00$ 517.50$ 535.61$ 554.36$ 573.76$ 593.84$ each43 Wilmer CT b Wilmer:CT b 550.00$ 569.25$ 589.17$ 609.79$ 631.14$ 653.23$ each44 Wilmer CT c Wilmer:CT c 50.00$ 51.75$ 53.56$ 55.44$ 57.38$ 59.38$ load45 Wilmer UCT a Wilmer:UCT a 175.00$ 181.13$ 187.46$ 194.03$ 200.82$ 207.85$ each46 Wilmer UCT b Wilmer:UCT b 200.00$ 207.00$ 214.25$ 221.74$ 229.50$ 237.54$ each47 Wilmer UCT c Wilmer:UCT c 200.00$ 207.00$ 214.25$ 221.74$ 229.50$ 237.54$ each48 Wilmer UCT add Wilmer:UCT add 50.00$ 51.75$ 53.56$ 55.44$ 57.38$ 59.38$ add49 Wilmer TCT a Wilmer:TCT a 475.00$ 491.63$ 508.83$ 526.64$ 545.07$ 564.15$ each50 Wilmer TCT b Wilmer:TCT b 900.00$ 931.50$ 964.10$ 997.85$ 1,032.77$ 1,068.92$ each51 Wilmer TCT c Wilmer:TCT c 1,150.00$ 1,190.25$ 1,231.91$ 1,275.03$ 1,319.65$ 1,365.84$ each52 Wilmer TCT d Wilmer:TCT d 70.00$ 72.45$ 74.99$ 77.61$ 80.33$ 83.14$ add53 Wilmer PT a Wilmer:PT a 350.00$ 362.25$ 374.93$ 388.05$ 401.63$ 415.69$ each54 Wilmer PT b1 Wilmer:PT b1 350.00$ 362.25$ 374.93$ 388.05$ 401.63$ 415.69$ each55 Wilmer PT b2 Wilmer:PT b2 400.00$ 414.00$ 428.49$ 443.49$ 459.01$ 475.07$ each56 Wilmer 810.2 Wilmer:810.2 350.00$ 362.25$ 374.93$ 388.05$ 401.63$ 415.69$ each57 ATD TC ATD:TC 150.00$ 155.25$ 160.68$ 166.31$ 172.13$ 178.15$ each58 ATD Cl, vol, s ATD:Cl, vol, s 250.00$ 258.75$ 267.81$ 277.18$ 286.88$ 296.92$ each59 ATD TC, cl, vol, s ATD:TC, cl, vol, s 400.00$ 414.00$ 428.49$ 443.49$ 459.01$ 475.07$ each 24 24 EXHIBIT “D” KEY PERSONNEL Key personnel for this agreement are: 1. Loai El-Gazairly, URS, Project Manager 2. Erick Fry, URS, Design Lead 3. Kristen Wescott, URS, Planning Lead 4. Janide Sidifall, URS, Public Involvement Lead 25 25 EXHIBIT “E” URS RFQ Proposal UR SSORPCORP.SSSSLEADINGLEADINGTHEWAY IN GINEERINGENGDESIGN RFQ No. 08-001 July 10, 2008 Professional Engineering and Pl anning Services City of Milton,Georgia URS Corporation phone:678.808.8800 fax: 678.808.8400 www.urscorp.com DELETE A.2 AND REPLACE WITH: A.2 RESPONSE TO SECTIONS OFFERORS MUST RETURN THIS SHEET WITH REQ RESPONSE Please review and initial that the sections and subsections have been read and that the Offeror will comply with the sections. 1.4 INTRODUCTION INITIAL READ AND WILL. COMPLY_ZAE-- 1 . 1 PURPOSE OF PROCUREMENT 1.2 RESERVED 1.3 SCHEDULE OF EVENTS 1.4 RESTRICTIONS ON COMMUNICATIONS WrFH STAFF 1 .5 DEFINITION OF TERMS 1,6 DESCRIPTION OF REQUIREMENTS 1.6.1 Resulting Contraet 1, 6.2 Mandatory Requirements 1.6.3 Understanding of Specifications and Requirements 1.6.4 Ofr`ernr's Signature 1.7 SUB MMnNG A STATEMENT OF QUALIFICATIONS 1.7.1 Organization of Statement of Qualifications L7.2 Failure to Comply wish Instruction 1.7.3 Copies Required and Deadline for Receipt of Statement of Qualifications 1.7.4 Late Statement of Qualifications 1.8 REQUIRED REVIEW 1.3.1 Review RFQ 142 Form of Questions. 1.3.3 City's Answers. 1.8.4 Standard Terms and ConditionslSiandard Contract, 1.5.3 Project t7versight and Siang !! READ AND WILL COMPLY Z - 2.i1 RFQ STANDARD INFORMATION 2.1 AUTHORITY 2.2 OFT-ROR COMPL-11TION 2.3 RECEIPT OF STATEMENT OF QUALIFICATIONS AND PUBLIC INSPECTION 2.3. r Public Information ..3.2 Purchasing Office Review of Statement of Qualifications. '.4 CLASSIFICATION AND EVALUATION OF STATEMENT OF QUALIRCAT;ONS 2.4.1 Initial Classification of Statement of Qualifications as Responsive or Non 2.4.2 Determination of Responsibilitl• 2.4.3 Evaluation of Statement of Qualifications 2,4.4 Completeness of Statement of Qualifications 2.4.5 Evaluation Committee Recommendation 2.5 CITY'S RIGHTS RESERVED 3.0 INFORMATION ........................................................................ READ AND WILL COMPLY 3.1 PROJECT INFORMATION 3.2 STATEMENT OF WORK 3.2.1 Description of tasks 322 General Information 3.3 STANDARD PROFESSIONAL. SERVICES AGREEMENT A.3 - Statement of Qualifications Professional Engineering and Planning Services July 10, 2008 Page 1 FIRM INFORMATION This proposal, prepared by URS Corporation (URS), is organized for ease of review and directly responds to the City of Milton Request for Qualifications of firms interested in providing professional design and planning services for an annual on-call professional services consulting agreement. URS understands that under the terms of the agreement, the selected firms could provide design services for intersection improvements, bridge replacement, pedestrian/bicycle projects, and planning of transportation infrastructure. Each RFQ item is indicated below in bold typeface and followed by our response. Firm name: URS Corporation Official Georgia Address/ 400 Northpark Town Center Office Performing the Work 1000 Abernathy Road, N.E., Suite 900 Atlanta, GA 30328 Local Contact: Loai El-Gazairly, PhD, PE loai_el-gazairly@urscorp.com Telephone # (Georgia): 678-808-8875 Former Firm Names: Dames & Moore, Greiner Engineering, Woodward Clyde Company Profile and Experience URS was established in 1951, and since that time has grown to become a leader in the provision of professional transportation and infrastructure services. The primary means of growth has been a series of key acquisitions of firms that are respected and viewed as leaders within the profession; firms such as Dames & Moore, Greiner Engineering and Woodward-Clyde. By virtue of these acquisitions, URS has increased its employment base and has become the #1 design firm in the United States, as ranked by Engineering News Record for seven consecutive years. URS opened its Atlanta office in 1954. Our office in the Perimeter Center area of Atlanta is the location from which the work will be performed. The Transportation Group in URS’ Atlanta office consists of 60 engineers, planners and technicians. Included in this staff are 16 roadway/bridge designers, 20 traffic/ITS engineers, and 20 transportation planners providing roadway engineering, traffic operations services, transportation planning, and environmental services including archaeology, history, ecology, air, noise and GEPA documentation. Project Understanding URS will utilize information supplied by the City of Milton, supplemented with any required additional information, such as field surveys, geotechnical investigations, etc. to create a scope of work for each project. Most work orders will follow the Plan Development Process (PDP) and the Plan Presentation Guide (PPG) as prescribed by Georgia DOT. All key staff members have successfully completed PDP training and effectively managed and directed projects through this process. For each assignment, the supplied draft concept or project objective will be studied and re-analyzed in detail to arrive at a final concept that will be fully developed to final construction documents and right-of-way plans. A quality product that satisfies all objectives and still meets design criteria and technical constraints does not happen by accident. It takes work, patience, and determination. Project Management The URS Team recognizes how critical effective project management is to the overall success of any project. A project manager, Loai El-Gazairly, PhD, PE, who lives in the City of Milton, understands the City’s transportation needs and will deliver projects on schedule and within budget. In order to facilitate sound project management, particular attention will be given to the following activities: Understanding the Scope of Services The City of Milton’s proposed transportation projects consist of the design of intersection improvements, bridge replacement, pedestrian/bicycle projects, and planning of transportation A.3 - Statement of Qualifications Professional Engineering and Planning Services infrastructure. All these projects are equally important in the development of the City’s Comprehensive Plan and will help the 29,000 people currently living in the City (bordered by Cherokee County to the north and west; Forsyth County to the east; Roswell to the southwest; and Alpharetta to the south and southeast) easing their current traffic congestion as well as improving the City’s infrastructure. This proposal specifically addresses the City’s need to solicit a qualified consultant engineering/planning firm to provide needed engineering and related services. URS is one of the few firms within Metro Atlanta that can provide almost all engineering and related services from within its own organization. With the exception of geotechnical, survey and subsurface utilities which will be provided by a team of highly qualified sub-consultants, URS will directly render the City with all of the services needed to complete any engineering task assigned. Our services will include but are not limited to Roadway Design, Traffic Engineering and Operations, Bridge/Structural Design, Environmental Services/Permitting, Future Growth Analysis, and Transportation Infrastructure Evaluation. The future growth expected for the City of Milton will fuel the demand for more development and further increase in the construction of commercial and residential communities. This has been seen in the Crabapple Crossroads Community Area where development comes with dramatic increases in the number of vehicles and significant increases in the number of miles traveled through the City roads. The resulting strain on the operational efficiencies, safety, and structural integrity of the existing roadways could not help but create the need for more improvements. Since the proposed project manager, Loai El-Gazairly, currently lives in the City of Milton he is well aware of where the traffic problems exist and is ready to develop solutions that will fit within the City budget. Loai will be sensitive to the schedule and budgetary constraints and, therefore, realizes that the ultimate solution for this and all other situations will depend on consideration of all constraints. The City of Milton has many priorities under this program and we know URS can deliver on the City’s needs. Our team conducted a site visit to some of the potential projects described in the RFQ and identified some key issues that include: ¾ Intersection of Arnold Mill (SR 140) and New Providence Rd. This is a T- intersection with sharp skew angle that is less than 70 degrees which proven to be hazardous both to safety and intersection operation. The conditions at the intersection combined with the existence of the Arnold Mill Fire Station may delay emergency response that could jeopardize public safety. Traffic improvement may include widening, realigning or signalizing the intersection in order to provide for better visibility and reduction in at-angle accidents. ¾ Intersection of Birmingham Hwy 372 and Providence. Birmingham Hwy and Providence Road currently have one through lane in each direction with no turning lanes. Providence Hwy is stop-controlled at Birmingham Hwy and while the intersection capacity may have not been the controlling factor in the design, traffic safety is the major concern. Both the horizontal and vertical alignments proven to be deficient. Providence Road needs to be realigned to improve the angle at which it intersects with Birmingham Hwy. In addition, horizontal, vertical, and intersection sight distances need to be improved for better visibility before, at and after the intersection. ¾ Intersection at Mayfield and Mid Broadwell. The intersection is the home of the Alpharetta Art Center at Crabapple and the Alpharetta Municipal Court complex, thus causing unsatisfactory levels of service and intersection delay. Mayfield is a two lane road with an exclusive right turn east bound onto Broadwell Road. Adding right turn lanes to all approaches while providing exclusive left turn lanes into Broadwll Road in both directions will reduce delay time and increase traffic efficiency. Commercial and residential growth is expected to continue around the intersection and the demand for intersection improvement is imminent at this location. Planning Services As specified in the RFQ, URS also is fully capable of providing a wide range of planning related services to the City of Milton as described below. Future Growth Analysis: The Atlanta metropolitan area has seen double-digit growth over the last three decades and most analysts agree that the growth trend is not going to subside soon. As a result, it is vital that local governments seek opportunities to grow smartly in order to have time to address issues associated with growth – most notably, congestion. Like July 10, 2008 Page 2 A.3 - Statement of Qualifications Professional Engineering and Planning Services syrup on a table, the Atlanta region has no natural boundaries to stop development from moving further out. As a result, it is imperative that smart growth programs and policies are analyzed and implemented as soon as possible. Using the US Census and ARC’s growth models, the URS Team will be able to produce growth analyses to allow City leaders and citizens to make informed decisions about how they would like to grow over the coming decades. Additionally, as the population continues to grow older, it is important to establish policies now to ensure that opportunities will exist for housing developed for seniors and allow for the development of transportation alternatives. Identify Short and Long Term Projects and Establish Project Priorities: Using a variety of analytical tools such as the ARC regional travel demand model, URS can identify strong projects that will address identified transportation needs throughout the City. The projects will be grouped according to those that can be “early winners” for the City such as signalization or turn lanes to those requiring more intensive review such as new roadways or significant roadway widening. Once developed, the project listing will give the City the validation needed to effectively compete for limited transportation dollars in the Atlanta region. Additionally, the list can be submitted to the state and ARC for incorporation into regional and state transportation plans during the next update cycle. This can also give the citizens of Milton the information they need to make informed decisions if new resource generation requires voter approval. Creation of Transportation Impact Fee Program: Methodical development and implementation of an Impact Fee Program can provide additional benefits and revenues to municipalities. The URS Team includes the firm of TischlerBise, Inc. who has a national reputation for developing Impact Fee Programs through possessing considerable expertise in the areas of revenue strategies, capital improvement planning, growth policy analysis, demographics, and economics, all of which are vital to developing an Impact Fee Program. TischlerBise uses a proven approach for this task element that has led to the successful implementation of hundreds of impact and capacity fees across the country including programs in Georgia. Corridor Specific Planning Initiatives: URS has extensive knowledge of the development of corridor-based planning initiatives having completed three corridor studies for the ARC in the last two years. The most extensive study along the SR 6 corridor in Paulding, Cobb, Douglas, and Fulton Counties proved to be complex. At the conclusion of the study, consensus was reached on a variety of policies and projects for the SR 6 corridor including major roadway expansions, smart access management policies, mitigation of the impact to environmentally sensitive areas, and potential funding sources for future implementation among other things. Alternate Modes of Transportation: Travel demand management (TDM) strategies can expand the range of mobility options, incentivize the use of alternative modes of transportation, reduce the need for single-occupant travel, promote more efficient management of land use and parking, and introduce suburban design strategies that reflect community values. In the case of the City of Milton, the URS team will tailor TDM strategies specifically to the area to ensure the character of the surrounding area is preserved. While intensive high-density development around a transit node may not be appropriate, the need to provide City residents with options to the single-occupant vehicle becomes apparent. This can be achieved by a variety of methods including shuttle systems and other new transit connections to existing facilities such as the MARTA Windward Parkway park and ride facility. Financial analysis and funding options: Using the most up-to-date tools, URS staff can cost out all projects to ensure City leaders are provided the full picture of project cost prior to performance of design work. This also gives the City the ability to internalize its prioritization process when submitting new projects to the Regional Transportation Plan (RTP) or Transportation Improvement Program (TIP). URS staff can also research and suggest a variety of innovative funding mechanisms to allow the City to implement projects in a timely fashion and begin to address congestion, mobility, and safety issues. Important Issues Project Manager’s ability to complete project within schedules: Loai El-Gazairly, Ph.D., P.E, has more than 26 years experience managing projects within budget and on schedule. He managed projects that ranged from $10 million to $350 million with many satisfied customers and clients. Being a tax payer to the City of Milton, Loai is very conscientious about how the allocated budget should be spent with maximum return to the City residents. Public Outreach: Support of the community can deliver a project that is both politically and aesthetically satisfactory. By getting all stakeholders involved from the very beginning and accounting for all of their input, URS will produce rational, safe, and efficient transportation facilities and programs that are within the financial, operational, and aesthetic demands of the community. July 10, 2008 Page 3 A.3 - Statement of Qualifications Professional Engineering and Planning Services July 10, 2008 Page 4 Utility Coordination – Utility coordination during design development can be cumbersome and can delay project schedules. It is URS’ belief to be responsive when coordinating with utility companies and contact them early and often to insure that schedules are met and no unforeseen conflicts arise during construction. Multiple project design teams give URS the ability to complete multiple projects at the same time and at the highest level of quality – If the City desires to accelerate its transportation/planning program, the ability to deliver several projects at the same time will be a challenge for most engineering firms in the Atlanta area. URS has the staff and the technical abilities to simultaneously deliver two or more projects to the City while still maintaining the highest standard of quality. Subconsultants: Willmer Engineering Inc. (WEI) (DBE) is a woman-owned professional engineering consulting corporation based in Atlanta, Georgia. Incorporated in 1982, the focus of the firm is to provide high-quality, responsive, professional environmental, geotechnical and construction material testing and consulting services. They serve a wide variety of clients, including corporations, industries, financial institutions, developers, engineers, architects, and local, state, and federal governmental and educational institutions. WEI will perform all geotechnical investigations. EDAW, an AECOM company, has been a guiding force in the fields of landscape architecture, urban design, and environmental planning for over half a century. EDAW's special emphasis on the broad and increasingly complex issues of land use planning and design both encourages appropriate use of resources and enhances the environment. Clients range from corporations and institutions to public agencies and architectural firms. Their common need is resolution of a land-based problem, which is why EDAW, with its multi-disciplined staff — from planners and designers to geographers and irrigation engineers — is consistently effective. The Atlanta office consists of 51 professionals who provide services related to urban and land planning, urban design, landscape architecture, geographic information systems analysis, public involvement, and design guidelines. EDAW will responsible for landscape architecture. J. Ellen Long, P.E. founded Long Engineering, Inc. (DEB) in 1997 with a vision to build a full-service surveying and civil engineering firm dedicated to providing quality, value-based services throughout the Southeast. This focus has enabled Long Engineering, Inc. to be recognized as one of Atlanta’s premiere urban surveying and engineering firms. The firm excels in urban storm water modeling, flood mitigation and water quality enhancement. This expertise has enabled economical but complex solutions to be included in the array of options to be considered. Long Engineering, Inc.’s expertise in Floodplain Reclamation maximizes land value and increases development options. Storm water quantity and quality are becoming increasingly important in dense, urban environments where impacts can be felt far downstream. Long Engineering, Inc. has been a leader in developing real solutions that enhance water quality from high density, mixed-use developments. Long Engineering will perform all surveys. Wolverton & Associates, Inc. is a full-service civil engineering firm offering professional services for site development, roadway design/intersection improvements, traffic analysis/design and surveying for residential, commercial, and industrial sites throughout the United States. Their expertise lies in all aspects of a project from the feasibility and conceptual stages through permitting and construction. They have 55 full-time employees including P.E.’s, EIT’s, Project Managers, CAD operators, surveyors and support staff. The Atlanta Business Chronicle (1997) listed them as one of the top fifty fastest growing firms in the Atlanta area. Wolverton will provide all SUE services. All Traffic Data Services, Inc (DBE) has been in business since June 2003 performing data collection services. on impact fees. Currently there are 3 full-time and 20 part-time people employed by All Traffic Data in the Atlanta area. All staff is qualified to perform turning movement counts (TMC) and 5 employees are qualified to perform tube counts. All Traffic Data is a certified Disadvantaged Business Enterprise (DBE) with the State Georgia. TischlerBise, Inc., formerly Tischler & Associates, Inc., is a fiscal, economic and planning consulting firm that specializes in impact and capacity fees, fiscal impact analysis, and revenue strategies. The firm has been providing consulting services to both the public and private sectors for over 25 years. In this time, TischlerBise has prepared over 600 impact/capacity fees and over 500 fiscal impact analyses. Through its detailed approach, proven methodology and comprehensive product, TischlerBise has established itself as a national expert A.3 - Statement of Qualifications Professional Engineering and Planning Services The following table illustrates the Area Classes represented by each Team firm. 1.01 Statewide Systems Planning1.02 Urban area & Regional Tran.Plan.1.04 Mass & Rapid Tran. Plan.1.05 Alt. System & corridor Locaiton Planning1.06(a) NEPA Documentation1.06 (b) History1.06(c) Air Studies1.06 (d) Noise Studies1.06(e) Ecology1.06(f) Archeology1.06(g) Freshwater Aquatic Surveys1.07 Attitude, Opinion & community Value Studies1.09 Locaiton Studise1.10 Traffic Studies1.11 Traffic and toll Revenue Studies1.12 Major Investment Studies3.01 Two-lane or Multi-Lane Rural, Highway Design3.02 Two-lane or Multi Lane with Curb and Gutter3.03 Two-lane or Muilt-lane Widening & Reconstruction3,04 Multi-lane, Limited Access Expressway3.05 Desigin of Urban Expressway & Interstate3.06 Trafifc Operations Studies3.07 Traffic Operations Design3.08 Landscape Architecture3.09 Traffic Control Systems, Analysis, Design & Implementation3.12 Hydraulic & Hydrological Studies3.13 Facilities for Bicyclies & Pedestrians4.01 Minor Bridges Design4.02 Major Bridges Design4.03 Movable Span Bridges Design4.04 Hydraulic & Hydrological Studies (bridges)4.05 Bridge Inspection5.01 Land Surveying5.02 Engineering Survey5.08 Subsurface Utility Engineering6.01(a) Soil Surveys6.01(b) Geological & Geophysical Studies6.02 Bridge Foundation Studies8.01 Construction Supervision9.01 Erosion, Sedimentation, and Pollution Control and Comp. Mon.9.02 Railfall and Runoff Reporting9.03 Field Inspecitons for Compliance of Erosion and Sedimentation Control Devices InstallationsURS Corporation „ „„„„„„„„„„„„„„ „„„„„„„„ „„„„„„„„„„„ „ Willmer Engineering, Inc.„„„ EDAW/AECOM „„ Long Engineering, Inc.„„ Wolerton & Associates, Inc.„ Average and Maximum number of employees for the URS Team. Avg / Max Employees (Entire Firm/Local) Team Firms 2007 2006 2005 URS Corporation 42,350 / 55,000 276 / 293 29,350 / 29,700 248 / 293 28,000 / 29,000 203 / 210 Willmer Engineering, Inc. 43/45 35/42 36/36 EDAW 1550/1600 49/53 1200/1250 48/50 1125/1150 40/45 Long Engineering 60/69 67/70 55/63 Wolverton 102/105 92/100 77/84 All Traffic Data Services 18 / 28 6 / 12 14 / 26 5 / 12 10 / 33 3 / 26 TischlerBise 10 9 9 Insurance Information Willis North America, Inc. Current Insurance Limits: July 10, 2008 Page 5 A.3 - Statement of Qualifications Professional Engineering and Planning Services DESIGN AND PLANNING PROJECTS The following table summarizes transportation service projects completed by the URS Team in the past three years. Unless otherwise indicated, all work was performed in Atlanta. Construction costs are supplied if known. Table 1A: Completed Roadway, Bridge Design or Related Projects SERVICES PROVIDED PROJECT YEAR COMPLETED OWNER CONTACT NAME TELEPHONE CONSTRUCTION COST URS CORPORATION Roadway Design Westside Parkway. Westside Parkway is a new four lane divided roadway with curb and gutter and sidewalks on both sides connecting Old Milton Parkway ( SR 120 ) to Webb Bridge Road in Alpharetta Georgia with a total length of 4,903 linear feet. URS provided roadway design including right-of- way, storm drainage, erosion control and a hydrology report. This project will provide the necessary access needed by the client for their planned multi-million dollar mixed-use development. Completed 2007 Thomas Enterprises Mr. Kevin Case Tel. 678-423-6515 $3,968,000 Roadway and Bridge Widening SR 92/I-75 Road and Bridge Widening, Cherokee Co., GA - Design of 5.3-miles of roadway widening and new alignment. Completed 2006 Georgia DOT Mr. Andy Casey 404-656-5406 Unknown Bridge Design Roadway Design CR80/Low Gap Road over Tallulah River, Rabun County, GA – Design of a new bridge and approaches for a replacement of a current one-lane bridge. The new bridge has timber railing and the roadway has weathered steel guardrail to compliment the scenic setting of the bridge site. Completed 2005. Georgia DOT, District 1 Neil Kantner, P.E. 770-532-5580 $1 M Roadway Widening, Environmental Documentation, Bridge Design Ivan Allen Jr. Blvd., Atlanta, GA – Ivan Allen Jr. Blvd. in downtown Atlanta is a 1.0 mile four-lane corridor improvement providing improved access for the Georgia World Congress Center, Centennial Olympic Park, and the new Georgia Aquarium and World of Coke developments. It combined Jones Avenue, Simpson Street, and Alexander Streets into a single four-lane east- west corridor linking Northside Drive to West Peachtree Street. This project received an Honor Award from ACEC-Georgia for 2006. Phase I completed 2004. Phase 2 ongoing. Georgia DOT Office of Urban Design Mr. Albert Shelby 404-656-5440 $12 M Roadway Design, Environmental Documentation Peachtree Road Corridor, Atlanta, GA - URS reviewed and analyzed the Peachtree Road Corridor in the Buckhead area of Atlanta. As a result of URS’ corridor analysis and traffic study, it was proposed to install a raised median along the 1-1/2 mile corridor, along with the addition of bike lanes and widened sidewalks to enhance pedestrian movements through the corridor. In addition to improving safety and decreasing congestion at many of the intersections, this project assisted in reducing emissions, which is critical to the metro Atlanta area. Completed 2005. Buckhead CID Mr. Scotty Greene 404-842-2683 Georgia DOT Office of Urban Design Mr. Albert Shelby 404-656-5440 $8 M Roadway Widening Roxboro Road, Atlanta, GA – Widening of existing 2-lane urban roadway to 4 lanes separated by a raised median, 0.7 miles. Includes replacement of existing bridge carrying Norfolk Southern railroad over Roxboro Road. Completed 2005. City of Atlanta / Washington Group (Project Manager) Mr. Erick Fry 770-952-8510 $11.5 M WILLMER ENGINEERING Soil survey BFI SR 34 Bypass- Coweta County- Soil survey for 5 miles of 4 lane divided highway, retaining walls, BFI and reinforced slope investigation Georgia DOT/ Wolverton & Associates Chris Haggard 770-447-8999 $100,000 Soil survey BFI West Rome Bypass − Floyd County, GA − Soil survey and bridge foundation investigations (5) for 10 miles of divided highway. Georgia DOT c/o JJ&G Wayne Mote 770-455-8555 $300,000 Soil survey Toccoa Bypass Extension − Stephens County − Soil survey for 5 miles of Georgia DOT/ARCADIS $300,000 July 10, 2008 Page 6 A.3 - Statement of Qualifications Professional Engineering and Planning Services July 10, 2008 Page 7 SERVICES PROVIDED PROJECT YEAR COMPLETED OWNER CONTACT NAME TELEPHONE CONSTRUCTION COST BFI 4-lane divided highway. Keith Kunst 770-431-8666 EDAW Landscape architecture, and construction observation Peachtree Streetscape Improvements 3rd - 10th Atlanta, GA 2007 Midtown Alliance Shannon Powell, VP 404-892-4782 $130,500 Master planning, landscape architecture and construction observation Oceanfront Neighborhood Urban Design + Streetscape Improvements, Miami Beach, FL 2007 Mr. Rick Saltrick, PE Senior Capital Projects Coordinator P: 305-673-7071 $1,060,431 LONG ENGINEERING Database preparation Indian Trail Road - I-85 Safety Improvements, Gwinnett County, GA. Full service database for 1.5 miles of Indian Trail Road, including 3 signalized intersections and extension of northbound ramp from Indian Trail to I-85. 2006 Gwinnett Co. DOT David Tucker 770-822-7400 $2M Database preparation I-85, Fulton County, GA (GDOT). Full service database for 14 mile corridor along I-85 from Fulton to Coweta counties. Required bridge clearance information for 10 bridges as well as full drainage survey. 2006 J.B. Trimble Sammy Powell 770-952-1022 $20M Database preparation South Berkeley Lake Road, Gwinnett County, GA. Full service database for 1/2 mile of South Berkeley Lake Road for school safety project. Included new curb & gutter and sidewalk along one side, new storm drainage for affected areas, and upgraded traffic signal at intersection with Peachtree Industrial Boulevard. 2006 Gwinnett Co. DOT David Tucker 770-822-7400 $500k Database preparation SR369, Hall County/Forsyth County, GA (GDOT). Database preparation of 12 miles of SR 369. This project proved challenging due to the narrow, 1,500 feet long Brown’s Bridge. Surveying on the narrow bridge, along with constant traffic, created dangerous conditions which consequently increased safety measures and the complexity of the project. 2006 LPA Group Tom Montgomery 770-263-9118 $75M Database preparation I-75 Interchanges at SR 133 and SR 31, Lowndes County, GA (GDOT). Complete database for 2 interchanges on I-75 for approximately 6 miles. Services included enhancing mapping survey, establishing property lines, building 3-D model, and surveying pavement and drainage. 2007 Jacobs Carter Burgess Jeff VanDyke 404-249-7550 $40M Database preparation I-20 HOV Lanes (GDOT). Database preparation for 5.5 miles, property resolution 475 parcels, 8 mile utility survey. 2004 Earth Tech Ms. Margie Posin 770-990-1400 $80M WOLVERTON SUE SR 133 from Jackson Road to Sutherland Avenue, Morven and Berlin, GA, – This project consisted of performing Subsurface Utility Engineering Quality Level “D” thru “B” services on 9.5 miles of an existing 2-lane road widening project. Approximately 146,880 LF utilities were designated. 2007 Georgia DOT David Norwood 404-463-3829 $77,197 SUE River Road at Deer Springs Road, Ellenwood, GA – This project consisted of performing Subsurface Utility Engineering Quality Level “D” thru “B” services at 3 intersection improvement projects. Approximately 26,500 LF of utilities were designated. 2007 DeKalb County, c/o ARCADIS Kevin McKeen 770-431-8666 $17,075 SUE Beaver Ruin at US 29, Lilburn, GA – This project consisted of performing Subsurface Utility Engineering Quality Level “D” thru “A” services, utility coordination, roadway design, water and sanitary sewer design services on a 1-mile road widening and intersection improvement project. Approximately 14,850 LF of utilities were designated. 2007 Gwinnett County DOT Mike Kilgore 678-376-6758 $23,235 A.3 - Statement of Qualifications Professional Engineering and Planning Services Table 1B: Completed Transportation Planning Projects SERVICES PROVIDED PROJECT YEAR COMPLETED OWNER CONTACT NAME TELEPHONE DESIGN COST URS CORPORATION Transportation Planning North Point Activity Center Livable Centers Initiative Study - URS was engaged by Urban Collage to provide transportation planning services for the North Point Activity Center Livable Centers Initiative (LCI ) Study for the City of Alpharetta in Fulton County, Georgia. The purpose of the study was to identify ways to improve modal choices within the activity center and connect to other activity centers and residential populations in the region. The study was divided into three phases: Inventory and Assessment, Conceptual Master Plan, and Action Plan. In addition to data collection and analysis, study activities included participation in public outreach activities; coordination with city, regional and state agencies; concept development and implementation planning. 2008 Urban Collage, Inc. Eric Bosman, AICP 404-586-0277 $25,000 (fee) Transportation Planning Buford Highway Corridor Study - The Buford Highway corridor study area extended 18.4 miles from SR 120 in Duluth, GA to Sidney Marcus Boulevard in Atlanta, GA. Specific study activities included the identification of transportation needs, assessment of alternative strategies, and building consensus on a preferred set of integrated transportation and land use recommendations. Public outreach was a major component of this project. 2007 Atlanta Regional Commission Mr. John Orr 404-463-3100 $399,999 (fee) Multimodal Transportation Planning GA SR 6 Corridor Study - URS Corporation was selected by the Atlanta Regional Commission to undertake a corridor planning study along Georgia SR 6, which traverses Fulton, Douglas, Cobb, and Paulding Counties. This comprehensive study reviewed the different transportation modes accessing the SR 6 Corridor and made recommendations for improvements in safety, congestion mitigation, traffic flow, and improved land use. The completed corridor plan recommended improvements for alternative travel modes in the corridor including roadways, transit (rail and bus), and pedestrian and bicycle infrastructure. The final product also included supporting land use policies and actions. 2007 Atlanta Regional Commission Mr. John Orr 404-463-3100 $750,000 Multimodal Corridor Study Tara Boulevard – US 19/41 Multimodal Corridor Study – In the fall of 2005, the Atlanta Regional Commission (ARC) contracted with URS to study critical regional corridors and identify program and policy recommendations for inclusion in the Regional Transportation Plan (RTP) and the Transportation Improvement Program (TIP). The Tara Boulevard – US 19/41 corridor was included in the study. Specific study activities included identification of transportation needs, assessment of alternative strategies, and building consensus on a preferred set of integrated transportation and land use recommendations. 2007 ARC Mr. David Jackson 404-463-3100 $164,843 (fee) Transportation Planning Coweta County Joint Comprehensive Transportation Plan - The Coweta County Joint Comprehensive Plan (CTP) developed a long-term vision for 2030 mobility, connectivity, and accessibility within the county and the seven municipalities. The plan addressed current and future needs associated with all aspects of the County's transportation system. The plan coordinated with both regional transportation issues and the simultaneous development of the Coweta County Comprehensive Land Use Plan to formulate a package of transportation and land use strategies to better prepare for future transportation demand. Recommendations were developed followed by an implementation plan. Extensive public involvement/ outreach was a major plan component which consisted of stakeholder interviews, public workshops and meetings, community presentations, a CTP webpage, and periodic newsletters. 2006 Coweta County,GA Tavores Edwards Transportation Planner 770-254-2635 $308,000 (fee) July 10, 2008 Page 8 A.3 - Statement of Qualifications Professional Engineering and Planning Services July 10, 2008 Page 9 SERVICES PROVIDED PROJECT YEAR COMPLETED OWNER CONTACT NAME TELEPHONE DESIGN COST Transit Planning Cumberland Galleria Connectivity Study - URS developed a comprehensive Circulator Service Implementation Plan for this Community Improvement District (CID). The plan included information on routes, infrastructure improvement needs, operating characteristics, fleet characteristics, system policies and procedures, maintenance facility requirements, and public outreach efforts. Assessment efforts also involved origin and destination points, corridor and intersection operating characteristics, inter-parcel accessibility, stakeholder perceptions and attitudes toward shuttle service, procurement policies and vehicle specifications. The final study report included cost estimates, funding options, procurement, implementation, monitoring, and evaluation protocols. Cumberland Community Improvement District Ms. Malaika Rivers Executive Director 770.859.2333 $212,000 Transit Planning Hinesville Transit Implementation Study - URS performed a Transit Implementation Study for the Liberty Consolidated Planning Commission on behalf of the Hinesville Area Metropolitan Planning Organization (HAMPO). Key components of the study included: o Determine the estimated level of current and future transit ridership; o Review relevant area studies and collect additional data as required; o Gather operating and capital cost data; o Develop most appropriate transit service and system alternatives; o Conduct innovative public and agency outreach process; o Prepare a multi-element short and long term Implementation Plan; and o Continual and timely coordination with HAMPO. Through this study, HAMPO will be able to carefully assess the potential for implementing specific types of pubic transit services as well as possessing a detailed implementation plan. Liberty Consolidated Planning Commission Mr. Sonny Timmerman, Executive Director 912-408-2030 $60,000 EDAW Land use DeKalb County Comprehensive Transportation Plan GA 2005 Ms. Thayra Riley, Transportation Planning Manager P: 404.371.2155 $132,000 Land Use LA Design guidelines Public Involve. Cleveland Avenue Redevelopment Area Master Plan, Ft Myers, FL 2006 Don Paight, Executive Dir P: 239- 461-2623 $548,443 Urban Design I-395 Urban Design + PD&E Study, Miami, FL 2005 Raul Driggs, PHD., P.E. P: (305) 235-5098 $122,602 Land use Public involvement Mark Clark (I-526) Community Impact Assessment, Johns Island, SC 2006 Mr. Dan Pennick, Asst Director - Planning Dept. P: 843.202.7200 $65,000 A.3 - Statement of Qualifications Professional Engineering and Planning Services Table 2A:Awarded Design Contracts Project Personnel Responsibility Current Status URS CORPORATION I-75 from Tift County Line to SR159, Phase 2 , Turner County, GA Don Harris, PE Nick Castronova, PE Hatem Aly, PE Scott Caples, PE George Manning, PE Carlos Azcorra, EIT Patrick Smith, RPA Jennie Agerton PIC Project Manager Roadway Designer Bridge Design Lead Bridge Designer Bridge Designer Senior Archaeologist Senior Ecologist 80% Weyerhaeuser Flint River Archaeological Survey, Upson County, GA Patrick Smith Senior Archaeologist 90% New Echota Traditional Cultural Property Archaeological Survey, Gordon County, GA Patrick Smith Senior Archaeologist 95% I-85 HOV Lanes Don Harris, PE Jennifer Harper, PE Jennie Agerton Principal-in-Charge Project Manager Senior Ecologist Project cancelled T.E. Studies On-Call Basis Statewide – Jeff Wood, PE, PTOE Prasanth Malissetty, EIT Victoria Petrova, EIT Eric Lusher Jyothi Tallapragada, EIT Project Manager Project Designer Project Designer Traffic Modeling Project Designer 80% SR 92 from Cedar Crest Road to Cowan Road, Paulding and Cobb Counties Don Harris, PE Sean Pharr, PE Rick Knoedler, PE Scott Caples, PE George Manning, PE Carlos Azcorra, EIT Patrick Smith Jennie Agerton PIC Project Manager Roadway Designer Bridge Design Lead Bridge Designer Bridge Designer Senior Archaeologist Senior Ecologist 20% Task Order Contract Don Harris, PE Nick Castronova, PE Hatem Aly, PE Patrick Smith Jennie Agerton PIC Project Manager Roadway Designer Senior Archaeologist Senior Ecologist 20% GDOT ATC Program Mgmt. Phillip Allen Adrien Saintil Project Manager Senior Designer 40% North Avenue Don Harris, PE Jennifer Harper, PE Principal-in-Charge Project Manager 80% Oakley Industrial Boulevard, South Fulton CID, South Fulton County, GA Don Harris, PE Jennifer Harper, PE Principal-in-Charge Project Manager 75% Old 41 over CSX, Cobb County R. Scott Caples, PE Jennifer Harper, PE Patrick Smith Jennie Agerton Project Manager Roadway Design Senior Archaeologist Senior Ecologist 60% Buffalo Creek Multi-Use Trail, Phase I, Carrollton, GA Hatem Aly, PE Emily Swearingen, EIT Project Manager Project Designer 65% Jamerson Road Widening, Cobb County Erick Fry, PE Robert Goodwin Mike Connor, PE Project Manager Roadway Designer QA/QC 40% SR 56 Road Widening, Mike Connor, PE Project Manager 35% July 10, 2008 Page 10 A.3 - Statement of Qualifications Professional Engineering and Planning Services Augusta, GA GDOT Erick Fry, PE Robert Goodwin Roberto Penaranda, EIT Project Engineer Roadway Designer Roadway Designer GDOT CEI District 7 (South Metro Atlanta) Mike Connor, PE Project Manager 15% WILLMER ENGINEERING, INC. SR 96 – Peach/Houston Counties, GA Pavement Evaluation and Soil Survey. (Awarded 2007) Jim Wilmer Sujut Bhowmik Principal Consultant Lead Engineer 95% Complete South Calhoun Bypass- Gordon County, Georgia Soil Survey Jim Wilmer Sujut Bhowmik Principal Consultant Lead Engineer 98% Complete Toccoa Bypass Extension- Stephens County – Bridge Foundation Investigation Jim Wilmer Sujut Bhowmik Principal Consultant Lead Engineer 90% Complete EDAW Peachtree Street Vision, Atlanta, GA Eric Bishop, Bryan Bays, and Brett Oliver Landscape Architecture and Construction Administration Currently in construction phase. Piedmont Street Streetscape Improvements, Atlanta, GA Eric Bishop, Micah Lipscomb, Michael O’Brien, Brett Oliver, and Patrick Peters Landscape Architecture Currently in bidding phase CAP Peachtree Street Streetscape, Atlanta, GA Eric Bishop and Chao Wang Landscape Architecture On-hold Decatur Street Streetscapes, Atlanta, GA Eric Bishop, Micah Lipscomb, Michael O’Brien, Brett Oliver, and Patrick Peters Landscape Architecture Currently in construction document phase Peachtree Streetscape Improvements 10th – I-85 Bridge, Atlanta, GA Eric Bishop, Michael O’Brien, Brett Oliver, and Patrick Peters Landscape Architecture Under construction City of Roswell Professional Eng. and Design Services for Transportation Projects Jim Sipes, Mickey O’Brien, and Chao Wang Master plan, Landscape Architecture Master plan completed, waiting for next phase to begin Emory Village Revitalization Michael O’Brien, Chao Wang, Micah Lipscomb, and Bryan Bays Landscape Architecture CD’s have been completed; awaiting start of construction LONG ENGINEERING I-75/I-575 Surveys, Cherokee and Cobb Counties, GA Tim Slaton, RLS Project Manager 45% State Route 44, Greene/Putnam County, GA Mark Banfield Survey Project Manager 40% WOLVERTON SUE Jonesboro Road, Henry County, GA. Joe Macrina, P.E. Lewis Brown, R.L.S. Phil Smith, R.L.S. Carl Sellars Principal-In-Charge Survey Manager Land Surveyor SUE Manager 63% Complete / Received NTP, January 2007 (for Phase I, II, III only) Contract Awarded March 2006 SUE SR 9 Fulton County, GA Joe Macrina, P.E. Carl Sellars Lewis Brown, R.L.S. Phil Smith, R.L.S. Principal-in-Charge SUE Manager Survey Manager Land Surveyor 45% Complete Contract Awarded November 2006 SUE Stockbridge Bypass, Stockbridge, GA Joe Macrina, P.E. Carl Sellars Lewis Brown, R.L.S. Phil Smith, R.L.S. Principal-in-Charge SUE Manager Survey Manager Land Surveyor 10% Complete Contract Awarded April 2008 July 10, 2008 Page 11 A.3 - Statement of Qualifications Professional Engineering and Planning Services Table 2B: Awarded Transportation Planning Contracts Project Personnel Responsibility Current Status URS CORPORATION Clayton County Transportation Plan Jim Brown Janide Sidifall Kristen Wescott, AICP Principal-in-Charge Project Manager Transportation Planner Complete August 2008 Newton County Comprehensive Transportation Plan Jim Brown Kristen Wescott, AICP Janide Sidifall Project Manager Transportation Planner Public Involvement Complete fall 2008 EDAW Augusta Regional Transportation Study Area - Freight Study, GA Ellen Heath and Holden Spaht Land Use 85% complete Spalding County Comprehensive Transportation Plan, GA Patrick Peters, Amy Lang Land Use and GIS Modeling 90% complete Southwest Georgia Interstate Study Glenn Coyne, and Sarah Sims Land Use, Planning, and Public Outreach 25% Northeast Corridor Major Investment Study Ellen Heath, Glenn Coyne, Patrick Peters, and Jim Sipes Land Use, Public Outreach 30% TischlerBise Vail, CO Road Financing Study Dwayne Guthri Carson Bise Developing Transportation Funding Tools Active Boulder, CO Road Impact Fee Study Dwayne Guthrie Carson Bise Road Impact Fee Calculations Active Maricopa County, AZ Road Impact Fee Study Chris Cullinan Carson Bise Road Impact Fee Calculations Active Aiken County, SC Road Impact Fee Study Dwayne Guthire Road Impact Fee Calculations Active July 10, 2008 Page 12 A.3 - Statement of Qualifications Professional Engineering and Planning Services FIRM PERSONNEL We have assembled a team of highly qualified personnel to dedicate their efforts to the City of Milton for this contract. Qualifications and experience of these key staff are presented below. An organizational chart showing the full complement of key staff has been included following these short biographies. It is important to note that we have planned for all project work to be performed by URS’ Atlanta staff; however, if needed, we can utilize resources from other URS offices in our region to meet aggressive project schedules. Full resumes for our Project Manager, Design Lead and Transportation Planning Lead can be found in the Resumes section of this submittal. The table following the Organizational Chart presents the entire team, including their experience with drafting and design software. Donald C. Harris, P.E. - Principal-in-Charge Don Harris will serve as Principal-in-Charge for this contract. Mr. Harris’ multi-faceted 33-year career has given him experience in roadway design, hydrology, retention/ detention, traffic engineering, construction, downtown planning, forensic engineering, utility design and NEPA. In addition, his 12 year tenure with the Federal Highway Administration has trained him to function in an oversight position. He is currently serving as the Office Manager for the URS office in Atlanta. Loai El-Gazairly, PhD, PE - Project Manager Dr. Loai El-Gazairly will serve as the Project Manager for this contract and will ensure that all necessary resources are made available to the project team in order to ensure that the quality of service meets both the City’s and URS’ standard for excellence. He will be the main point of contact for the City and will be responsible for overseeing contract, budget, scheduling and quality control issues as well as the daily project operations. Loai is a resident of the City of Milton and lives less than two miles from the City Hall. He is extremely aware of the City transportation needs as he travels its roads, on a daily basis, during busy rush hours as well as at less dramatic times in the evenings and weekends. This makes him responsive to the City calls and inquires almost around the clock. Dr. El-Gazairly has more than 26 years of experience that includes coordination, design, project management and oversight of major projects both locally and nationally. He has also completed the Plan Development Process (PDP) Certification and Training through the Georgia Department of Transportation and has managed different projects for GDOT that include SR 117 over CR 360, SR 117 over Georgia Central Railway and SR 117 over Strawberry Creek. Mike Connor, PE – QA/QC Mike Connor has 30 years of design and construction experience. He has served on program and construction management assignments for major transportation programs as well as multi-disciplinary design, construction and start-up testing of plant systems and facilities. He has extensive experience in providing and managing staff augmentation for both public and private sector clients and has a keen understanding regarding implementation of multi-disciplinary, multi-project programs from the client’s perspective. He also served as the Program Manager for the Rockdale County Transportation Improvement Program; a $150M program included 300 transportation projects. Erick Fry, PE –Design Lead Erick Fry has over 15 years experience in transportation, drainage design and land development. He has managed urban road improvement projects for GDOT ranging from widening and overlay to new location projects. He has managed several major urban road improvements as both the prime and sub consultant. Mr. Fry’s experience includes location studies, concept reports, environmental process coordination, all components of preliminary and final construction plans, and right of way computations. Mr. Fry will manage the day-to-day activities for the roadway design teams assembled for this contract. Kristen Wescott, AICP, Transportation Planning Lead Kristen Wescott has over seven years of multimodal transportation planning experience. She has conducted transportation planning studies for state, regional and local agencies throughout the Southeast with experience ranging from long range transportation plans to strategic facility planning to transit studies. Her approach to any planning study is a system-wide integration perspective, considering the impacts of transportation facility changes across modes as well as within the natural and built environment. She has been responsible for study management, technical and qualitative assessment, community benefits and impacts screening, financial analysis and documentation. In 2005, Ms. Wescott assisted Forsyth County in developing a long range transportation plan that focused on roadway improvements required for a fast-growing exurban Atlanta region county. July 10, 2008 Page 13 A.3 - Statement of Qualifications Professional Engineering and Planning Services Sean Pharr, P.E. – Road Design Team 1 Task Leader Sean Pharr is a Project Manager in URS’ Roadway Design Group. He has more than twelve years of design experience in transportation engineering, water resources and design supervision. Mr. Pharr has been involved with all aspects of the design process, from concept development to final plans and bid document preparation. Mr. Pharr’s project experience ranges from interchange reconstruction projects, widening and reconstruction projects in densely urban areas, pedestrian streetscape projects, and projects on new location. Recently Sean served as the Project Manager for the completed Peachtree Road Corridor in Buckhead, Atlanta. The project was the recipient of the 2008 ACEC/G Engineer Excellence Grand Award Jennifer Harper, P.E. – Road Design Team 2 Task Leader Jennifer Harper is a Project Manager in URS’ Roadway Design Group. Over the past twelve years, her professional career has continued to grow in ever-increasing roles and responsibilities encompassing a wide range of roadway infrastructure projects. Ms. Harper has worked on design from the conceptual phase to the final design phase on minor roadway improvement projects to full scale interstate interchange design projects. Her design responsibilities have included developing alternative alignments, roadway plans and profiles, track plan and profiles, traffic control plans, plan and field quantity calculations, typical section packages and signing and pavement marking plans. Scott Caples, P.E. – Bridge Design/Structures Task Leader Scott Caples has over 23 years of experience in the design and analysis of highway bridge structures. He is currently the Bridge Design Group Manager for URS’ Georgia operations. His work experience includes the design, inspection and load rating analysis of bridge structures in several states for both highway and railroad facilities. Design expertise includes projects involving structural steel, prestressed/precast concrete and reinforced concrete. Early in his career, he was also involved in the acoustic analysis and structural design of highway noise barriers. Ranko S. Pudar, P.E., CFM, Hydraulic Engineering Task Leader Ranko Pudar is a Senior Project Manager with 19 years of experience in water resources, floodplain management, and hazard mitigation. He is the Federal Emergency Management Agency (FEMA) program coordinator for southeastern United States, overseeing the engineering, environmental and planning projects performed for FEMA Region IV and other regions, as necessary. Besides hazard mitigation related projects, he also manages a Water Resources Group and is a URS point of contact and an assistant program manager for a multi-million doll Region IV FEMA Flood Map Modernization Program. Nick Castronova, P.E. – Drainage and Erosion Control Task Leader Nick Castronova has over twelve years of experience in design, as well as supervision of highway design. Mr. Castronova has been involved in all aspects of the design of highways, from concept development to final plans preparation and construction- based revisions. Nick is currently managing a 3-year, $5.0M indefinite delivery, indefinite quality GDOT statewide engineering task order in which he is reviewing/overseeing erosion control plans to ensure conformity with GDOT standards and guidelines. He is also a GSWCC Certified/Level II certified. Jeffrey Wood, P.E., PTOE, Traffic Task Leader Jeff Wood specializes in traffic engineering. His broad experience includes safety audits, warrant studies, traffic modeling, traffic signal timing, transportation corridor studies, design traffic, and multi-modal transportation studies. He has extensive experience in traffic data collection and analysis, including highway capacity and level-of-service analysis, traffic accident analysis, and vehicle delay and speed studies. Mr. Wood has utilized numerous traffic engineering and traffic simulation models and is currently serving as the traffic task manager for SR 92 Corridor Study in Cobb and Paulding Counties. Patrick Smith –Environmental Documentation Task Leader Mr. Smith has 13 years experience in the field of Archaeology/ CRM (Cultural Resource Management). During his career he has gained experience asan archaeological technician, field director and principal investigator. As a principal investigator, he has developed an understanding of an often diverse set of clients’ needs, whether the client is a federal agency a state agency, a municipality, or a private organization. He has managed multiple projects simultaneously and has used the technical expertise gained earlier in his career to guide others currently holding similar positions. Recent transportation engineering projects he has lead the environmental documentation and/or performed archaeological investigation for include GDOT’s US 411 Connector and five interchange reconstructions in Turner County; MARTA’S Beltline Alternatives Analysis; and DeKalb County’s Arabia Mountain Multi-Use Trail. Janide Sidifall – Public Involvement Task Leader Janide Sidifall has 16 years of multidisciplinary experience in transportation policy development and planning in the U.S. and Canada, particularly in the areas of transportation policy analysis, strategic planning, project development, public involvement and facilitation. She has strong project management, research, analytical and problem-solving skills to apply information to the July 10, 2008 Page 14 A.3 - Statement of Qualifications Professional Engineering and Planning Services July 10, 2008 Page 15 formulation and development of policy options and the resolution of issues. Her experience includes coordinating multifaceted projects as well as developing and implementing public involvement activities associated with transportation project. L. Carson Bise, AICP – Transportation Impact Fee Task Leader (TischlerBise) Mr. Carson Bise has 18 years of fiscal, economic and planning experience and has conducted fiscal and infrastructure finance evaluations in 25 states. Mr. Bise has developed and implemented more fiscal impact models utilizing the case study-marginal approach than any consultant in the country. The applications he has developed have been used for evaluating multiple land use scenarios, specific development projects, annexations, urban service provision, tax-increment financing and concurrency/adequate public facilities monitoring. Mr. Bise has also completed over 130 impact fees for the following categories: parks and recreation, open space, police, fire, schools, water, sewer, roads, municipal power and general government facilities. James L. Willmer, P.E., Geotechnical Task Leader (Willmer Engineering, Inc.) Jim Willmer is the Vice President of Willmer Engineering Inc. and demonstrates more than 29 years of professional experience as a project engineering manager and consultant providing geotechnical, environmental, facilities and construction materials consulting services. His experience includes numerous roadway projects throughout the Southeast, including geotechnical investigations for the rehabilitation of 37 bridges for Georgia Department of Transportation. Bryant Kachel, RLS, Survey Task Leader (Long Engineering, Inc.) Bryan Kachel has over 21 years of surveying experience in both the field and in the office. Mr. Kachel currently serves as the Survey Manager at Long Engineering, Inc. In this capacity, Mr. Kachel’s responsibilities include supervising surveying crews, managing projects schedule compliance and budget, providing technical direction, deed research and coordinating projects with engineers, contractors and owners. He is also skilled in the use of C&G, SMI, CAiCE, MicroStation and related software and operation and reduction of GPS data. Carlton C. Sellars, Jr. – SUE Task Leader (Wolverton & Associates) Carlton Sellars, Jr. has 21 years of roadway design, survey and Subsurface Utility Engineering (SUE) experience. His professional experience in SUE includes exposure to various complex utility-locating projects in 14 states and Washington, DC. He has worked with numerous utility companies and governmental agencies, including the Georgia Department of Transportation and Gwinnett County. James Sipes, RLA, Landscape Architect Task Leader (EDAW) Jim Sipes is an award-winning landscape architect with more than twenty-five years of experience encompassing a wide range of planning, design, research, and communication projects. His work is broad-based and multi-faceted and includes environmental planning and design, environmental restoration, transportation planning, watershed management, park and recreation design, urban design, natural and cultural resource management, and community based design. We believe our team is more than equipped to accept any number of simultaneous task orders, based on local resources only. However, should additional resources be necessary, we can draw from additional staff from our Greenville, SC, Tallahassee, FL and Tampa FL offices on very short notice. And, as the #1 design firm in the country, we have unlimited resources from which to draw nationwide. For professional registrations (type, number, and states where registered), years of experience, years with firm and experience with drafting and design software to be used (name and version), see page 17. A.3 - Statement of Qualifications Professional Engineering and Planning Services July 10, 2008 Page 16 PRINCIPAL-IN-CHARGE DONALD C. HARRIS, PE PROJECT MANAGER LOAI EL-GAZAIRLY, PHD, PE QA/QC MIKE CONNOR, PE CONSULTANT DESIGN SERVICES ERICK FRY, PE – DESIGN LEAD CONSULTANT TRANSPORTATION PLANNING SERVICES KRISTEN WESCOTT, AICP – PLANNING LEAD Jim Brown ROAD DESIGN TEAM 1 SEAN PHARR, PE – TASK LEADER Hatem Aly, PE Bridgett Nero Thao Nguyen ROAD DESIGN TEAM 2 JENNIFER HARPER, PE – TASK LEADER Robert Goodwin Roberto Penaranda ENVIRONMENTAL PERMITTING PATRICK SMITH (ARCHAEOLOGIST) – TASK LEADER Jennie Agerton (Ecology) Erin Williams (Historian) PUBLIC INVOLVEMENT JANIDE SIDIFALL – TASK LEADER DRAINAGE/EROSION CONTROL NICK CASTRONOVA, PE – TASK LEADER Rick Knoedler, EIT BRIDGE DESIGN SCOTT CAPLES, PE – TASK LEADER Loai El-Gazairly, PhD, PE George Manning, PE Carlos Azcorra, EIT TRANSPORTATION IMPACT FEE L. CARSON BISE II, AICP – TASK LEADER DWAYNE P. GUTHRIE, PH.D, AICP TRAFFIC ENGINEERING JEFF WOOD, PE, PTOE – TASK LEADER Phillilp Allen Scott Mohler,PE Mike Sneed, PE HYDRAULIC DESIGN RANKO PUDAR, PE, CFM – TASK LEADER FRED HALTERMAN, PE ENVIRONMENTAL PERMITTING PATRICK SMITH (ARCHAEOLOGIST) – TASK LEADER Jennie Agerton (Ecology) Erin Williams (Historian) URS Corporation Willmer Engineering, Inc. (DBE) Long Engineering, Inc. (DBE) Wolverton & Associates EDAW All Traffic Data Services (DBE) TischlerBise GEOTECHNICAL STUDIES JIM WILLMER, PE – TASK LEADER Sujit Bhowmik, PhD, PE SURVEY BRYANT KACHEL, RLS – TASK LEADER Stephen Calder, RLS SUE CARLTON SELLARS – TASK LEADER Jermaine Heard LANDSCAPE ARCHITECT JAMES SIPES, RLA – TASK LEADER Michael O’Brien, RLA TRAFFIC COUNTS MARK BOIVIN – TASK LEADER A.3 - Statement of Qualifications Professional Engineering and Planning Services July 10, 2008 Page 17 Donald C. Harris, PE #16969 GA/PE 30 8 Principal-in-Charge ME, 1982 / BCE, 1974 Loai El-Gazairly, Ph.D, PE #28521GA/PE 26 1 Project Manager Ph.D,1993/ M.Sc.1985/ B.Sc.1981 Mike Connor, PE #65641 TX/PE 26 4 QA/QC BSCE, 1977 Erick Fry, PE #25461, GA, PE 15 6 Roadway Design Lead BSCE, 1993 Sean Pharr, PE #028749 GA/PE 12 7 Roadway Design BSCE, 1998 Jennifer Harper, PE #029231 GA/PE 13 2 Roadway Design BSCE, 1997 Hatem Aly, PE #31456 GA/PE 11 5 Roadway Design MS, Planning, 1993/ BSAE, 1990 Thao Nguyen, EIT EIT, Nebraska 4 2 Roadway Design BSC&T, 2004 Emily Swearingen, EIT #02123, EIT, GA 7 1 Roadway Design BSCE, 2002 R. Scott Caples, PE #29371 GA/PE 23 14 Structural Design Lead BSCE, 1984 George Manning, PE, SE #029907 GA/PE 13 3 Bridge Design MSCE, 1998 / BSCE, 1994 Carlos Azcorra, EIT #20295, EIT, GA 13 5 Bridge Design MSCE, 1998 / BSCE, 1990 Ranko Pudar, PE #24199, GA/PE 19 10 Hydraulics Lead MSCE, 1997 / MS, 1991 / BS, 1987 Fred Halterman, PE #31813, GA/PE 22 2 Hydraulics BSCE,1990 / BS, Const.Tech,1985 Nick Castronova, PE #27432, GA/ PE 14 7 Drainage/Erosion Control BSCE, 1994 Rick Knoedler, EIT #18399, GA/EIT 13 10 Drainage/Erosion Control BSCE, 1995 Jeff Wood, PE, PTOE #31593 GA/PE 11 2 Traffic Design Lead MBA, 2002 /BSCE, 1997 / BA 1993 Phillip Allen N/A 37 3 Traffic Design Traffic Eng. Short Course GA Tech Scott Mohler, PE #52044 GA/PE 15 2 Traffic Design BSCE, 1990 / MSCE 1991 Mike Sneed, PE #31766, GA/PE 10 10 Traffic Design BSCE, 1997 Kristen Wescott, AICP #021140 AICP 5 2 Planning Lead MA City Planning, 1999, BA 1990 Jim Brown N/A 35 3 Planning BA Industrial Geography, 1969 Jennie Agerton N/A 8 4 Ecology MS, Env. Analysis, 1999/ BS, Patrick Smith N/A 14 4 Archaeology MA, Anthropology, 2002 /BA, 1993 Janide Sidifall N/A 23 2 Public Involvement BA, Translation, 1983 L. Carson Bise II, AICP #082418 AICP 18 12 Trans. Impact Fee Lead M.BA 1990, B.Sc. 1993 Dwayne P. Guthrie, Ph.D, AICP #026233 AICP 31 23 Trans. Impact Fee Ph.D 2007, M.A 1979, B.A 1977 Jim Willmer #19780 GA/PE 37 18 Geotechnical Lead MSCE, 1973/BSCE,1971 Sujit Bhowmik, Ph.D., P.E #29802 GA/PE 35 5 Geotechnical Engineer Ph.D 1991/ M.Sc.1988/B.Sc.1983 Bryant Kachel, RLS # 2700, GA/RLS 27 Survey Lead B.Sc 1981 Stephen Calder, RLS #2906 GA/RLS 18 Survey BA, 1990 Carlton Sellars N/A 19 2 SUE Lead Blue Print Reading I &II, 1985 Jermaine Heard N/A 14 1 Location Technician B.Sc Chemistry James Sipes, RLA #1440 TX/RLA 25 2 Landscape Architect Lead MLA1984, BLA 1982 Michael O'Brien, RLA #1285 GA/RLA 14 5 Landscape Architect BLA, 1994 Mark Boivin N/A 5 5 Traffic Count Lead BA, 2003 Function Drafting Highway Design Drainage and Hydraulic Analysis Traffic Analysis Bridge Design Finite Element Packages General Purpose PC Application URS Project Management EDUCATIONNAME DESIGN SOFTWARE EXPERIENCE YEARS OF EXPERIENCE CURRENT REGISTRATION TYPE, NUMBER AND STATE YEARS WITH THE FIRM ACTUAL WORK PERFORMED Bridge Hydraulics Geotechnical Studies and Soil Survey (Willmer Engineering, Inc.) Software Survey Services (Long Engineering, Inc.) Sub Surface Utilities (Wolverton & Associates) SOFTWARE CAPABILITIES Landscape Architecture Services (EDAW) Traffic Count and Preparation of Traffic Engineering Studies (All Traffic Data) Planning/Environmental/Permitting/Public Involvement Transportation Impact Fee (Tischler Bise) Microsoft Office (Word, Excel, Power Point,etc..) HEC-2/ HEC-RAS, WSPRO, FMS 2-D, CAiCE Visual Drainage, HY8, CulvertMaster, StormCAD HCS, Syncro, Netsim Signal 97, CORSIM, PASSER, TRANPLAN, Sider Symbol GTSTRUDL, STADD-Pro, SAP2000 KEY PERSONNEL MicroStation Version J and Version 8 CAiCE Visual Transportation 2000 (SP1) BRDECK, BREBNT, BRGEOM, BRIBNT, BRLLCA, BRNOTES,BRPIER, BRNCPIER, BRPSBMI, Roadway Design Drainage/Erosion Control Traffic Engineering Bridge and Structural Design A.3 - Statement of Qualifications Professional Engineering and Planning Services July 10, 2008 Page 18 A.3 - Statement of Qualifications Professional Engineering and Planning Services July 10, 2008 Page 19 A.3 - Statement of Qualifications Professional Engineering and Planning Services July 10, 2008 Page 20 A.3 - Statement of Qualifications Professional Engineering and Planning Services QA/QC Processes URS Quality Programs established for each design project are modeled after our ISO-9001 compliant Corporate QA/QC Program. Our quality approach offers a “life cycle” process that uses historical data, captures lessons learned, and promotes performance improvements. This process is being used successfully on all projects to effectively and efficiently implement our QA/QC program procedures. URS strives to provide the top quality service that our Clients expect from our engineering team. We apply very stringent QA/QC procedures in order to guarantee the standard of work delivered to our Clients. Our QA/QC procedures are Company policy and spell out the procedures and management practices that will be implemented by our organization. We fully understand that it is not the Client’s responsibility to check our work and more importantly, that the submitted document should be clear and error-free. URS has established standard QA/QC goals for the following categories: Design The Designer and Reviewer must confirm that computations are performed in an organized, logical sequence and are legible and neat. Equally important, computations are ultimately delivered to the Client who will develop an impression of the quality of our work based on the appearance, accuracy and neatness of our computations. Prior to receiving Notice To Proceed (NTP) for each project, the Project Manager, with input from the Project Engineer, will develop a flow chart noting the design tasks and milestone data required to achieve completion of the design activities in accordance with the predetermined schedule as requested by the Client. We also investigate opportunities to accelerate the design activities to advance the delivery of the plan design, thus allowing the Client the opportunity to construct the project ahead of schedule. Drawings At the start of the project, the Project Manager will establish the basic orientation, plan format and plan content, including scales and direction of stationing. It is recognized that individual drawings are rarely completed in a single operation. Also, many drawings are developed and checked on prints, such as cross sections and drainage, in several operational sequences. Despite these complexities and variations, all drawing and checking procedures and sequences shall have a documented record of the Designer’s and Reveiwer’s initials and dates for the performance of the work. This requirement also pertains to sketches, study drawings and informal or backup drawings, which may not be submitted to the Client. The Designer shall be interpreted to mean detailer/drafter or CADD Operator. The Reviewer shall be an Engineer. Reviews The Project Manager will prepare a Review Sign-Off Sheet that identifies the project, list all of the various phases included in the project, and provide space alongside each phase for initials and dates of the various reviewers that are required by the Quality Control Procedures. The project shall not be considered complete and ready for delivery to the Client until all required sign-offs have been made. For Concept Review; as early as practical during the initial phase of the project, the Project Manager will make a presentation of the project to an in-house review committee. This presentation will develop the project needs and requirements, the problems encountered, the concepts and approach to solutions, the intended design responses to Client and community concerns and all other items necessary for the committee to understand and comment on the project and its design concepts and solutions. Upon completion of the review, and satisfactory resolutions of all comments, the Quality Control Manager, as chairman of the committee, shall initial and date the sign-off sheet. For Preliminary and Final Plan submittal packages; the Project Manager will review each set of plans and specifications for completeness prior to requesting an Independent Technical Review. All internal review comments will be resolved and documented prior to submitting each package to the Client for review. For Constructability; a complete set of plans, specifications and estimates shall be provided for a review of the constructability of the project. A staff member who is experienced, qualified and knowledgeable of field construction operations and procedures shall perform this review. This review shall be performed from a Contractor’s viewpoint for constructability, clarity, ambiguity, practicality and/or omission of data required to construct the project. Specifications A pay item list will be established as soon as practical and will be continuously revised and updated as items are added or deleted. Particular attention should be paid to pay limits, materials and construction procedures so that details and notations on the plans are developed consistent with the key words of the specifications. The specifications and pay item list are to be readily available to all designers. Each designer must become familiar with his or her content. The Project Manager or the specification writer must review the standard specifications and the special provisions furnished by the Client. Specifications prepared by the Client do not relieve the Design Team of responsibility for their applicability to the project and their July 10, 2008 Page 21 A.3 - Statement of Qualifications Professional Engineering and Planning Services completeness for specific project requirements. Should our review of Client prepared specifications disclose the need for additions, deletions or clarifications, the Client is to be so informed in writing with a request that the Client make the appropriate modification and send us the revised specification. Special provisions and specifications prepared by the Design Team will be reviewed by the Project Manager for pay limits, materials, any necessary construction procedures, clarity and completeness. July 10, 2008 Page 22 A.3 - Statement of Qualifications Professional Engineering and Planning Services REFERENCES DESIGN REFERENCES SR 92/I-75 Road and Bridge Widening, Cherokee Co., GA Georgia DOT Mr. Andy Casey 404-656-5406 Brookwood Road Widening Forsyth County, GA Forsyth County Mr. Tim Allen 770-781-2765 Westside Parkway Thomas Enterprises Mr. Kevin Case 678-423-6515 PLANNING REFERENCES Coweta County Joint Comprehensive Transportation Plan Coweta County, GA Mr. Tavores Edwards Transportation Planner 770-254-2635 Newton County Comprehensive Transportation Plan Newton County Board of Commissioners Mr. Kevin Walter 770-784-2197 July 10, 2008 Page 23 A.3 - Statement of Qualifications Professional Engineering and Planning Services July 10, 2008 Page 24 FINANCIAL The following information reflects the highlights of the financial status of URS Corporation for the past five years. An audited financial statement will be presented should URS Corporation be selected for this work.