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HomeMy WebLinkAbout06-15-09 PacketPage 1 of 4 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. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Tina D’Aversa Alan Tart Monday, June 15, 2009 Regular Council Meeting Agenda 6:00 PM INVOCATION 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Mayor) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 09-877) 5) PUBLIC COMMENT 6) CONSENT AGENDA 1. Approval of the June 1, 2009 Regular Meeting Minutes. (Agenda Item No. 09-878) (Jeanette Marchiafava, City Clerk and Clerk of the Court) 2. Approval of Financial Statements for the period ending May 2009. (Agenda Item No. 09-879) (Stacey Inglis, Finance Manager) 3. Approval of the City Hall Space/Facility Needs Analysis agreement with Consultant Lyman, Davidson Dooley, Inc ($12,800.00). (Agenda Item No. 09-880) (Chris Lagerbloom, City Manager) 7) REPORTS AND PRESENTATIONS 1. Presentation from Milton Public Safety Fund – Grant Presentation.   (Presented by Jan Fowler, Member of the Milton Public Safety Fund Committee) 2. Proclamation “Amateur Radio Week”. MILTON CITY COUNCIL REGULAR MEETING AGENDA JUNE 15, 2009 – 6:00 PM Page 2 of 4 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. (Accepted by North Fulton Amateur Radio League (NFARL) President, Mack McCormick) 3. Granicus Demo Streaming Presentation. (Presented by Kelley Christy, IT Manager) 8) FIRST PRESENTATION (none) 9) PUBLIC HEARINGS SECOND PUBLIC HEARING 1. Approval of an Ordinance to Adopt Amendments to the Fiscal 2009 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 09-871) (Presented by Stacey Inglis, Finance Manager) ALCOHOL BEVERAGE LICENSE APPLICATIONS 2. Approval of Alcohol Beverage License Application for N & L Restoration d/b/a Cans Taqueria…Tequila Bar located at 12635 Crabapple Road, Suite 320, Milton, Georgia. The applicant is Larry Stepp for consumption on the premises of wine, malt beverage, and distilled spirits. (Agenda Item No. 09-881) (Presented by Stacey Inglis, Finance Manager) 3. Approval of Alcohol Beverage License Application for Gray Doster, LLC d/b/a ‘cue located at 13700 Highway 9, Suite 300, Milton, Georgia. The applicant is Paul J. Doster for consumption on premises – wine/malt beverage. (Agenda Item No. 09-882) (Presented by Stacey Inglis, Finance Manager) 10) ZONING AGENDA 1. U09-01 / VC09-01, 13120 Arnold Mill Road, by Frank Schaffer, The Landscape Group, Inc. - To obtain a use permit for a landscaping business on 1.74 acres at a density of 3,908.04 square feet per acre (Article 19.4.27). Applicant is also requesting 3-part concurrent variance: 1) To delete the 50’ buffer and 10’ improvement setback along the west property line from the right-of-way for a distance of 140’ (12H.3.1 Section C.1). 2) To delete the 50’ buffer and 10’ improvement setback along the east property line from the right-of-way for a distance of 140’ (12H.3.1 Section C.1). 3) To allow a sign located less than 10’ from the right-of-way (Article 33 Section 21.C). (Agenda Item No. 09-813) (First Presentation on March 2, 2009.) (Deferred on May 18, 2009.) (Presented by Alice Wakefield, Community Development Director) MILTON CITY COUNCIL REGULAR MEETING AGENDA JUNE 15, 2009 – 6:00 PM Page 3 of 4 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. 2. U09-02/VC09-02 - 15150 Birmingham Hwy, Application by Robb Nestor to obtain a use permit for a landscaping business on 3.926 acres at a density of 387.92 square feet per acre (Article 19.4.27). Applicant is also requesting concurrent variance to allow access from a local street (Article 19.4.27.B.1). (Agenda Item No. 09-836) (First Presentation on April 13, 2009, deferred on April 27, 2009.) (Presented by Alice Wakefield, Community Development Director) 3. RZ09-02 - Text amendment to amend Article 22.3.1 Variances: Variance Considerations (Agenda Item No. 09-869) (First Presentation on June 1, 2009) (Presented by Alice Wakefield, Community Development Director) 4. RZ09-03 - Text amendment to amend Article 33 Signs: Section 11 Considerations. (Agenda Item No. 09-870) (First Presentation on June 1, 2009) (Presented by Alice Wakefield, Community Development Director) 11) UNFINISHED BUSINESS 1. Approval of an Ordinance to Adopt Amendments to the Fiscal 2009 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and prohibiting Expenditures to Exceed Actual Funding Available. (First Presentation and 1st Public Hearing on June 1, 2009, 2nd Public Hearing June 15, 2009.) (Agenda Item No. 09-871) (Presented by Stacey Inglis, Finance Manager) 12) NEW BUSINESS 1. A Resolution Establishing the City of Milton Community Identification Sign Program. (Agenda Item No. 09-883) (Presented by Alice Wakefield, Community Development Director)   2. Approval of a change order in the amount of $392,200.00 revising the City of Milton and CH2MHILL contract for additional services for National Pollutant Discharge Elimination System (NPDES) Permit Compliance for 2009. (Agenda Item No. 09-884) (Presented by Carter Lucas, Principal Engineer)   3. Approval of a Contract for Surveys of Bethwell and Crabapple Community Center Properties for $2,125 and for Birmingham Park for $10,822. (Agenda Item No. 09-885) (Presented by Carter Lucas, Principal Engineer) MILTON CITY COUNCIL REGULAR MEETING AGENDA JUNE 15, 2009 – 6:00 PM Page 4 of 4 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. 4. Approval of a Task Order for Citywide Bridge Inventory and Inspection Study with URS for $32,517.26. (Agenda Item No.09- 886) (Presented by Carter Lucas, Principal Engineer) 13) MAYOR AND COUNCIL REPORTS 14) STAFF REPORTS 15) EXECUTIVE SESSION (If needed) 16) ADJOURNMENT (Agenda Item No. 09-887) The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Manager Date: Submitted on June 5 for June 15, 2009 City Council Meeting Agenda Item: Financial Status Report for Period 8 – May 2009 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund Revenue collections for the General Fund totaling $5,409,167 are approximately 1.77% lower than anticipated for the eighth period of the fiscal year. Total expenditures to-date are $11,701,912 and are 4.4% less than expected. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $6,135,740, capital expenditures-to-date total $1,173,936. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $12,800 Sidewalk Replacement Fund: Balance: $0 City of MiltonSTATEMENT OF REVENUES & EXPENDITURESGeneral FundFor the Period Ending May 2009Actual BudgetedVarianceover/(under)Actual BudgetedVarianceover/(under)Property Tax 9,703,991 8,983 20,117 (11,135) 603,887 830,597 (226,710)Motor Vehicle Tax 449,867 34,210 37,489 (3,279) 292,739 224,934 67,805Intangible Tax 208,516 0 17,376 (17,376) 86,870 121,634 (34,765)Real Estate Transfer Tax 47,671 0 3,973 (3,973) 16,666 27,808 (11,142)Franchise Fees 1,400,000 0 0 0 964,486 700,000 264,486Local Option Sales Tax 4,007,230 402,306 333,936 68,370 1,877,873 2,003,615 (125,742)Alcohol Beverage Excise Tax 254,000 22,988 21,167 1,822 147,666 148,167 (501)Business & Occupation Tax 650,000 11,863 6,500 5,363 567,613 617,500 (49,887)Insurance Premium Tax 773,200 0 0 0 0 0 0Financial Institution Tax 30,000 0 0 0 20,511 30,000 (9,489)Penalties & Interest 22,000 5,534 0 5,534 49,183 20,000 29,183Alcohol Beverage Licenses 120,000 4,500 4,500 0 110,955 114,000 (3,045)Other Non-Business Permits/Licenses 13,070 1,658 1,089 569 12,088 8,713 3,375Zoning & Land Disturbance Permits 80,000 334 6,667 (6,333) 27,493 53,333 (25,840)Building Permits 100,000 (344) 8,333 (8,677) 39,387 66,667 (27,280)Other Charges for Service 271,557 11,394 17,602 (6,208) 222,344 197,818 24,526Municipal Court Fines 457,636 32,436 38,136 (5,701) 287,355 305,091 (17,736)Interest Earnings 54,000 450 4,500 (4,050) 46,156 36,000 10,156Contributions & Donations 0 6,014 0 6,014 6,114 0 6,114Oth R38 8024388335529 78366729 116Current Month Year-to-DateAnnual BudgetRevenueOther Revenue38,8024388335529,78366729,116Other Financing Sources 4,191,896 0 0 0 0 0 0Total Revenue 22,873,436 542,765 521,469 21,296 5,409,167 5,506,543 (97,376)Actual BudgetedVarianceover/(under)Actual BudgetedVarianceover/(under)Mayor and Council 401,299 33,615 29,018 4,597 188,617 240,727 (52,111)Clerk of the Council 698,319 61,808 72,615 (10,806) 467,415 469,492 (2,077)City Manager 338,764 13,950 16,991 (3,041) 107,639 151,708 (44,069)General Administration 2,414,872 181,960 194,374 (12,414) 1,580,725 1,556,625 24,100Information Technology 976,842 82,249 81,403 845 652,053 651,228 825Municipal Court 537,180 52,056 44,280 7,776 359,395 357,048 2,346Public Safety 6,618,358 449,155 502,820 (53,665) 3,873,839 4,311,611 (437,772)Public Works 2,942,599 170,732 189,342 (18,609) 1,470,803 1,507,733 (36,930)Parks & Recreation 203,619 10,918 11,302 (384) 50,946 48,163 2,783Community Development 1,816,752 146,089 145,563 527 1,133,539 1,129,502 4,038Debt Service - Capital Lease Payment 709,395 0 0 0 709,394 709,395 (1)Debt Service - TAN Payment 33,600 0 0 0 33,590 33,600 (10)Operating Transfer to Capital Projects Fund 4,001,896 0 0 0 1,000,473 1,000,474 (1)Operating Transfer to Capital Grant Fund 293,940 0 0 0 73,485 73,485 0Operating Transfer to Operating Grant Fund 21,010 0 0 0 0 0 0Operating Transfer to Confiscated Assts Fd 73,845 0 0 0 0 0 0Operating Reserve 791,145 0 0 0 0 0 0Total expenditures 22,873,436 1,202,533 1,287,707 (85,173) 11,701,912 12,240,792 (538,879)Net Income/(Loss)(659,768) (6,292,745)Fund Balance - Beginning7,127,688Fund Balance - Ending834,943Operating Expenditures Annual BudgetCurrent Month Year-to-Date6/5/2009 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Contributions & Donations -$ -$ -$ -$ Interest Revenues - - - - Holiday Card Sales - - 405 405 Total revenues -$ -$ 405$ 405$ EXPENDITURES Current: Special Events 40,000$ 4,137$ 18,091$ 21,909$ Total Expenditures 40,000$ 4,137$ 18,091$ 21,909$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 40,000$ 3,631$ 27,190$ (12,810)$ Total other financing sources and uses 40,000$ 3,631$ 27,190$ (12,810)$ Net change in fund balances -$ 9,504$ Fund balances - beginning 3,356 3,356 City of Milton Special Events Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2009 Fund balances - ending 3,356$ 12,860$ Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES -$ -$ -$ -$ Total revenues -$ -$ -$ -$ EXPENDITURES Current: Public Safety 73,845$ -$ -$ 73,845$ Total Expenditures 73,845$ -$ -$ 73,845$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 73,845$ -$ -$ (73,845)$ Total other financing sources and uses 73,845$ -$ -$ (73,845)$ Net change in fund balances -$ -$ Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Confiscated Assets Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2009 g Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 570,000$ 49,911$ 405,106$ (164,894)$ Total revenues 570,000$ 49,911$ 405,106$ (164,894)$ EXPENDITURES 0 Current: Public Safety 530,000$ 1,765$ 407,019$ 122,981$ Total Expenditures 530,000$ 1,765$ 407,019$ 122,981$ OTHER FINANCING USES Unallocated 40,000$ -$ -$ 40,000$ Total other financing sources and uses 40,000$ -$ -$ 40,000$ Net change in fund balances -$ (1,913)$ Fund balances - beginning - - Fund balances - ending -$ (1,913)$ City of Milton E-911 Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2009 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues State Grant -Operating Cat-Indirect 147,047$ 28,491$ 53,026$ (94,021)$ Total revenues 147,047 28,491$ 53,026$ (94,021)$ EXPENDITURES Current: Public Safety 168,057$ -$ -$ 168,057$ Total Expenditures 168,057$ -$ -$ 168,057$ Excess of revenues over expenditures (21,010) 28,491 53,026 74,036 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 21,010$ -$ -$ (21,010)$ Total other financing sources and uses 21,010$ -$ -$ (21,010)$ Net change in fund balances - 53,026 Fund balances - beginning 2,670 2,670 Fund balances - ending 2,670$ 55,696$ City of Milton Operating Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2009 g ,, Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 55,000$ 3,631$ 27,190$ (27,810)$ Total revenues 55,000$ 3,631$ 27,190$ (27,810)$ OTHER FINANCING SOURCES (USES) Transfers out to General Fund (15,000) -$ -$ 15,000$ Transfers out to Special Events Fund (40,000) (3,631) (27,190) 12,810 Total other financing sources and uses (55,000)$ (3,631)$ (27,190)$ 27,810$ Net change in fund balances - - Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2009 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 60,000$ 1,765$ 24,049$ (35,951)$ Landfill Host Fees 190,000 38,848 88,730 (101,270) Tree Recompense - - 12,800 12,800 Interest Revenue 5,000 - - (5,000) Sidewalk Replacement Account 70,558 - - (70,558) Total revenues 325,558 40,613$ 125,579$ (199,979)$ EXPENDITURES Capital Outlay Unallocated: -$ -$ -$ -$ City Council 180,000 - - 180,000 Public Safety 502,957 14,593 303,290 199,667 Public Works 3,419,953 - 870,142 2,549,811 Parks & Recreation 1,721,933 - 504 1,721,429 Community Development 310,897 - - 310,897 Total Capital Outlay 6,135,740$ 14,593$ 1,173,936$ 4,961,804$ City of Milton Capital Project Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2009 py ,,$,$,,$,,$ Excess of revenues over expenditures (5,810,182) 26,020 (1,048,356) (5,161,783) OTHER FINANCING SOURCES (USES) Transfers in from General Fund 4,001,896$ -$ 1,000,473$ (3,001,423)$ Budgeted Fund Balance 1,808,286 - - (1,808,286) Total other financing sources and uses 5,810,182 - 1,000,473 (4,809,709) Net change in fund balances - (47,883) Fund balances - beginning 535,115 535,115 Fund balances - ending 535,115$ 487,232$ Original Budgeted Amounts Current Period Actuals Project-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues State-Capital-Direct Grant 960,000$ -$ 29,452$ (930,548)$ Total revenues 960,000 -$ 29,452$ (930,548)$ EXPENDITURES Capital Outlay Public Works 1,903,240 - 152,062 1,751,178 Total Capital Outlay 1,903,240$ -$ 152,062$ 1,751,178$ Excess of revenues over expenditures (943,240) - (122,610) 820,630 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 293,940$ -$ 73,485$ (220,455)$ Budgeted Fund Balance 649,300 - - (649,300)$ Total other financing sources and uses 943,240$ -$ 73,485$ (869,755)$ Net change in fund balances - (49,125) Fund balances - beginning 695,078 695,078 City of Milton Capital Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2009 Fund balances - ending 695,078$ 645,953$ City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: May 29, 2009 for the June 15th, 2009 Council Meeting Agenda Item: Approval of the City Hall Space/Facility Needs Analysis agreement with Consultant Lyman Davidson Dooley, Inc. ($12,800.00). Recommendation: The Staff recommends Council to award the $12,800.00 City Hall Space/Facility Needs Analysis contract to Lyman Davidson Dooley, Inc. Background: The City published an RFP for a City Hall Space/Facility Needs Analysis. We received twenty four bids that were opened and evaluated. Lyman Davidson Dooley, Inc. was ranked the highest based on the evaluation criteria. Discussion: Attachments: Attached is the City Hall Space/Facility Needs Analysis contract signed by Lyman Davidson Dooley, Inc. Concurrent Review Legal Review by Paul Higbee h i ,,ity of Milton PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is effective as of this i 1TH day of MAY, 2009, 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 Lyman Davidson Dooley, 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 FY09 City Hall Space/Facility Needs Analysis 09-CM02 (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: I. SCOPE OF SERVICES AND TERMINATION DATE A. Proiect Description FY09 City Hall Space/Facihty Needs Analysis. B. The Work The Work to be completed under this Agreement (the "Work") consists of Exhibit A and the Consultants response (Exhibit B). In the event of a conflict among the terms of this Agreement, Exhibit A and Exhibit B, the term that is most advantageous to the City shall govern. PG.1 ���� CAy d Mgm C. Schedule, Completion Date, and Term of Agreement Consultant warrants and represents that it will perform its services in a prompt and timely manner, which shall not impose delays on the progress of the Work. This Agreement shall commence as of the date first written above, and the Work shall be completed within one hundred and twenty days of effective date or sooner. H. 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 $25,004 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 the 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. Compensation for services performed and reirnbursement 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 PG. 2 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 total amount paid under this Agreement as compensation for services performed and reimbursement for costs incurred shall not, in any case, exceed $12,800.00 except as outlined in Section II(C) above. The compensation for services performed shall be, based upon a flat fee (fixed price). 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, and meals and shall be at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. 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 principals of Consultant's profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound 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 PG. 3 A. 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 Ci 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 Ben Starks 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 subcontractors, 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 tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any subcontractor, anyone directly or indirectly employed by the Consultant or subcontractor or anyone for whose acts the Consultant or subcontractor 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, PG. 4 r. 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 subcontractor, anyone directly or indirectly employed by the Consultant or subcontractor or anyone for whose acts the Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any subcontractor 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 Contractor Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor 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 subcontractors 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 subcontractors. 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 PG. 5 death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,004 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, PG. 6 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 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. (S) 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 PG. 7 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) Subcontractors: Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional 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 P 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 Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F" that it and Contractor's subcontractors 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 Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors 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 Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the PG. 8 �(yaiy a rawN, Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Contractor's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that the employee -number category designated below is applicable to the contractor. 500 or more employees. 100 or more employees. _X_ Fewer than 100 employees_ Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. Contractor'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 "E." The above requirements shall be in addition to the requirements of State and federal law, and shall he 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. PG. 9 (AY .,I I.H., .� 4 (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. (3) Audits and Inspections: At any time during normal business hours and as otiten 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 subcontractors, 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 Reaulatinta Illeeal Aliens The United States Congress enacted the Immigration Reform and Control Act of 1986 (IBCA), 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 PG. 10 �� i 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 subcontractors 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 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 "C" 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 "C", 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 subcontractors 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 r PG. 11 • [::ty nE 1Aii•:m 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 subcontractor 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 The City shall provide for right of entry for Consultant and all necessary equipment to City of Milton, in order for Consultant to complete the Work. B. City's Representative Chris Lagerbloom 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. PG. 12 S Oily !+fh1i1- . 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 perfon-ning 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 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 PG. 13 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 conurieneement of the setMees to be provided heFeundef, Comultwit shall aWy to the City for- a business license, pay the applieable busin�s lieense fee, and maintain said business -license dur=ing tbo-tew-m- of this Agr-eement- See attached copy of business license.) X111. NOTICES A. Communications Relating to Dai1y Activities All communications relating to the day-to-day activities of the Work shall be exchanged between Chris Lagerbloom for the City and Ben Starks for the Consultant. B. Official Notices PG. 14 � l�cay a Mes�c., C �� 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: Lyman Davidson Dooley, Inc. 1640 Powers Ferry Rd. Building 1, Suite 100 Marietta, GA 30067 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 PG. 15 `�r � Lily d Mltan strikes or labor disputes by employees and/or agents of CONSULTANT; (t) 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] PG. 16 Approved as to form: f , City Attorney CONSULTANT: LAU�l By: Rowland Davidson, AIA Its: President [CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: -� VeL4-4,J Notary Public [NOTARY SEAL] My Commission Expires: CITY OF MILTON Notary Pudic, Cobb Coaniy, Georgia 14 Corni:65.5ion Expires.lune 10, 2041 By: Its: SIGNED, SEALED, AND DELIVERER •�� r.� Mriie�i� [CITY SEAL] PG. 17 in the presence of Witness Notary Public [NOTARY SEAL] My Commission Expires: A PG. 18 EXHIBIT "A" gm FY09 City Hall space -facility . r PG. 19 -- -- CITY OF MILTON City of Milton REQUEST FOR PROPOSAL (THIS IS NOT AN ORDER) RFP Number: RFP Title: 49-CM02 FY09 CITY HALL SPACE/FACILITY NEEDS ANALYSIS RFP Due Date and Time: March 23th,2009 2:00pm local time ISSUING DEPARTMENT INFORMATION Procurement Office Contact: Issue Date: Rick Pearce I February 25th, 2009 City of Milton 13000 Deerfield Pkwy, Suite 107G Milton, Ga. 30004 Phone. 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us N INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/Package: City of Milton Bid Number: 09-CM02 Attn: Rick Pearce, Purchasing Office Name of Company or Firm 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004 p... ----.-_._.-._. -.-- .. ._-. _._ S ecial Instructions: Deadline for Written Questions March 10th, 2409 0 5:00 PM Email(preferred) questions to Rick Pearce at rick_pearceC cityofmiltony-a.us or Fax questions Attn: Rick Pearce at 678-242-2199 OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: (Please print name and sign in ink) Offeror FAX Number: Offeror Phone Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE TABLE OF CONTENTS Offeror's RFP Checklist................................................................................................ DisclosureForm............................................................................................................ Proposalletter.............................................................................................................. Scheduleof Events....................................................................................................... Section 1: Project Overview and Instructions........................................................... Section 2: RFP Standard Information......................................................................... Section 3: Scope of Project......................................................................................... Section 4: Offeror Qualifications................................................................................ Section5: Cost Proposal............................................................................................. Section 6: Evaluation Criteria..................................................................................... Section 7: Standard Contract Information................................................................. Appendix A: Standard Contract................................................................................. Appendix B: Submittal Requirements Summary....................................................... CFFEROR'S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1. Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. I Attend the pre -proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4. _ Take advantage of the "question and answer" period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal "addenda" issued for the RFP. All addenda issued for an RFP are posted on the City's website and will include all questions asked and answered concerning the RFP. 5. Follow the format required in the RFP when preparing your response. Provide point - by -point responses to all sections in a clear and concise manner. 6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The proposals are evaluated based solely on the information and materials provided in your response. 7. Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. Check the City website for RFP addenda. Before submitting your response, check the City website at http://www.cityotmiItonga.us/ and http://ssi.doas.state.ga.us/PRSapp/PR index.jsp to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late proposal responses are never accepted. hls checklist is provided for assistance only and should not be submitted with Offeror's Res onse. City of Milton IQS) CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH BID This form is for disclosure of campaign contributions and family member relations with City of Milton officials/ernploy ees. 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 12 months) by the City of Milton and your relation: City of Milton City of Milton FY09 CITY HALL SPACEIFACILITY NEEDS ANALYSIS RFP# 09-CM02 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) regarding the City of Milton FY09 City Hall space/facility needs analysis. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city. PROPOSAL SIGNATURE AND CERTIFICATION I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign far my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Name Print/Type Company Name Here Date SCHEDULE OF EVENTS EVENT DATE RFP Issue Date............................................................................. February 251", 2009 Deadline for Receipt of Written Questions ...................................... March 101h 2009 Posting of Written Answers by City to Websites ........................ March 16 ?D09 RFP Response Due Date (2:00pm local time) ..................................March 231" 2DD9 Estimated Date for Oral Presentations .............................. Week of March 301h, 2009 Estimated Date for RFP Award... ............. .............................. Week of April 61h 2009 SECTION 7: PROJECT OVERVIEW AND UCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT Incorporated December 1, 2005, the City of Milton is committed to mainta unique quality of life for its constituents, while efficiently delivering essential services to residents anases in a community - interactive environment. Milton is a distinctive community embracing smJe and heritage, while preserving and enhancing our rural character. The City of Milton's forty tcployees are currently housed in leased office space located at 13000 Deerfield Parkway. It is the City'o provide a permanent home for City Hall. The location and the facility should create a "presence" for ffnment offices, while maintaining the rural, small-town character of the area. The City of Milton, (hereinafter referred to as "the City") invites you to subposal for a City Hall spacelfacility needs analysis. A more complete description of the service for this project is provided in Section 3, Scope of Project. Proposals submitted in response to this solicust comply with the instructions and procedures contained herein. It is important to note that 11g offeror will not be prohibited from bidding on future projects associated with City of Milton plew City Hall. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposal (RFP) is issued until an offeror id and the selection is announced by the procurement office, offerors are not allowed to come with any City staff or elected officials regarding this }procurement, except at the direction 'earce. Any unauthorized contact may disqualify the offeror from further consideration. Contact info )r the single point of contact is as follows: Procurement Office: Rick Pearce Address: 1300 Deerfield Parkway, Milton, GA 30004 Telephone Number: 678-242-2511 Fax Number: 678-242-2499 E-mail Address: rick.pearce@cityofmiltonga.us 1.2 REQUIRED REVIEW 1.2.1 Review RFP. Offerors should carefully review the instructi'datory requirements, specifications, standard terms and conditions. and standard contract set i RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsist,luly restrictive specifications, or error which they discover upon examination of this RFP. 1.2.2 Form of Questions. Offerors with questions or requiring cin or interpretation of any section within this RFP must address these questions via fax or e-mail (p'o the procurement office referenced above on or before March 10t" 2009. Each question must prod reference to the section, page, and item in question. Questions received after the deadline may nt"Jdered. 1.2.3 City's Answers. The City will provide an official written aAl questions on or about March 16"'. 2009. The City's response will be by formal written addendur ier form of interpretation, correction, or change to this RFP will not be binding upon the City. Any ft en addendum will be posted alongside the posting of the RFP at httr).,//www­.cityofmiltonga.us/ and http://ssl.doas.state.cia.us/PRSapp/PR index.lsp. Offerors must sign and iy addendum with their RFP response. 1.2.4 Standard Contract. By submitting a response to this RFP, offeror agrees to acceptance of the City's standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of writtenle-mailed questions or with the offeror's RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the offeror's ability to respond to the RFP or perform the contract. The City reserves the right to address non -material, minor, insubstantial requests for exceptions with the highest scoring offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all offerors submitting a response to this RFP. 1.2.5 Mandatory Requirements. To be eligible for consideration, an offeror must meet the intent of all mandatory requirements. The City will determine whether an offeror's RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 PRE -PROPOSAL CONFERENCE None 1.4 SUBMITTING A PROPOSAL 1.4.1 Organization of Proposal. Two, separate proposals shall be prepared by interested firms: a "technical proposal," and a "cost proposal". (See section 5 for cost proposal)" One (1) original and four (4) copies of each proposal should be provided to the City before the requested due date. Proposals shall include the following; Technical Proposal: a) City of Milton request for proposal cover page (information entered and signed: first page of this document) b) City of Milton Disclosure form (signed) c) City of Milton Proposal letter (information entered) d) Technical Submittal (Maximum of twenty 20 single sided pages (ten pages if double -sided) - Minimum of 11 point font Stapled or spiral -bound. No binders • Cover letter — introductory remarks and proposal summary — no longer than two pages. • Scope of work —Describe the firm's plans to provide the requested services —a narrative description of the proposed methodology to be used to accomplish the required tasks. Provide a scope of work for the delivery of the final product. The scope shouid contain sufficient detail as to allow identification by the City of all items of work required and the associated deliverables. • Key personnel — include resumes of key personnel to be involved in this project and a list identifying the role of each. • Related projects — Description of past and current projects similar to this project, including the degree of involvement of your firm and/or personnel assigned to the project. • Background and experience -- Include a brief history of your firm, a list of any proposed subcontractors, accompanied by their staff resumes, experience, and a description of the work they are proposing to provide on this project. V References -- Include names, titles, and all contact information for clients for whom your firm has performed similar work. a Project schedule — include timeline for processes from kick-off meeting to completion. Cost Proposal: See section 5 Offerors must organize their proposal into sections that follow the format of section 1.4.1 and Section 5.0. 1_.4.2 Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any proposals that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. 1.4.3 Copies Required and Deadline for Receipt of Proposals. Two, separate proposals shall be prepared by interested firms: a "technical proposal," and a "cost proposal."One original and four (4) copies of each proposal should be provided to the City. Proposals must be received at the receptionist's desk prior to 2:00PK local time, March 2;n 2009. Facsimile or emailed responses to requests for proposals are not acceptable. 1.4.4 Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the offeror's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the offeror at the expense of the offeror or destroyed if requested. 1.5 OFFEROR'S CERTIFICATION 1.5.1 Understanding of Specifications and Requirements. By submitting a response to this RFP, offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. 1.5.2 Offer in Effect for 120 Days. A proposal may not be modified, withdrawn or canceled by the offeror for a 120 -day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal. 1.6 COST OF PREPARING A PROPOSAL 1.6.1 City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the offeror. The City is not liable for any expense incurred by the offeror in the preparation and presentation of their proposal. 1.6.2 All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formai documentation, which would further define or expand any contractual relationship between the City and offeror resulting from this RFP process. SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among offerors. Whenever passible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION 2.2.1 Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of proposals has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the offeror; and (4) other constitutional protections. 2.2.2 _ Procurement Officer Review of Proposals. Upon opening the proposals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2.1 above, providing the following conditions have been met: • Confidential information is clearly marked and separated from the rest of the proposal. • The proposal does not contain confidential material in the cost or price section. • An affidavit from an offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each proposal containing trade secrets. Counsel must use the City of Milton "Affidavit for Trade Secret/Private Information" forms in requesting information remain confidential. This affidavit form is available by contacting the Department of Finance, ProcurementlPurchasing Team (678) 297-0060. Information separated out under this process will be available for review Only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS 2.3.1 Initial Classification of Proposals as Responsive or Nonresponsive. All proposals will initially be classified as either "responsive" or "nonresponsive". Proposals may be found nonresponsive any time during the evaluation process or contract negotiation if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the proposal is not within the plans and specifications described and required in the RFP. If a proposal is found to be nonresponsive, it will not be considered further. 2.3.2 Determination of Responsibility. The procurement office will determine whether an offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive 2.3.3 Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring offeror or, if necessary, to seek discussion/negotiation or a best and final offer in order to determine the highest scoring offeror. All responsive proposals will be evaluated based on stated evaluation criteria_ In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses in terms of differing price, quality, and contractual factors. These scares will be used to determine the most advantageous offering to the City. 2.3.4 Completeness of Proposals. Selection and award will be based on the offeror's proposal and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by offerors outside the formal response or subsequent discussion/negotiation or "best and final offer," if requested, will not be considered, will have no bearing on any award, and may result in the offeror being disqualified from further consideration. 2.3.5 Achieve Passing Score. NIA 2.3.6 Opportunity for Discussion/Negotiation and/or Oral Presentation/Product_ Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the proposal. Oral presentations and product demonstrations, if requested, shall be at the offeror's expense. 2.3.7 Best and Final Offer. The "Best and Final Offer" is an option available to the City under the RFP process which permits the City to request a "best and final offer" from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their "best and final offer," which must include any and all discussed and/or negotiated changes. The City reserves the right to request a "best and final offer" for this RFP, if any, based on price/cost alone. 2.3.8 Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. 2.3.9 Reguest for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. 2.3.10 Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible offeror whose proposal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring offeror, 2.3.11 Contract Award. Contract award, if any, will be made to the highest scoring offeror who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED Whiie the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: • cancel or terminate this RFP; ■ reject any or all proposals received in response to this RFP; • waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal; ■ not award if it is in the best interest of the City not to proceed with contract execution; or ■ If awarded, terminate any contract if the City determines adequate funds are not available. SECTION 3: SCOPE OF PROJECT Objectives Produce a space needs analysis for City Hall, taking into consideration: operational functions, workflow, adjacencies required to achieve maximum operational efficiency, use of currently available technology, storage, safety and security, disabled accessibility, parking, and projected future requirements. Provide building footprint options to include site characteristics needed to accommodate a building with sufficient parking and future growth. Provide project cost estimate for the building facility based upon the space needs analysis. It is understood that site development costs will not be included in the estimate. Scope of Work • Review existing facility and operations and consult with City Manager and staff to develop a list of functions/operations to be housed in the proposed facility. • Interview City Manager and staff to establish current procedures and any future initiatives (ex. court, public safety, and public meeting space) and note interactions between departments. Review characteristics of City government operations to identify special facility requirements. Establish facility program to identify special requirements, adjacencies, storage, and expansion capabilities. • Establish site program to identify desirable characteristics for potential sites: amount of land needed, utilities, transportation features/access, etc. + Develop three draft alternative concept building floor plans for review and consideration. • Prepare cost estimates for the following: Capital construction cost (site development and building) o Projected annual facility operations and maintenance costs • Building program • Schematic facility and "generic" site plan SECTION 4: OFFEROR QUALIFICATIONS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the offeror to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMATIONAL REQUIREMENTS Firms interested in providing the consulting services described in this RFP should be able to demonstrate experience and staff expertise in these areas: + Design and construction of municipal facilities of similar size and scope. + Planning and feasibility studies for local government facilities. + Program development for municipal facilities. Knowledge of applicable codes and regulations regarding construction and operation of similar municipal facilities. + Environmentally sensitive site design. SECTION 5: COST PROPOSAL I� rcity of Milton MUST BE RETURNED WITH BID ❑ne (1) original and four (4) copies of the cost proposal shall be submitted in a separately sealed envelope before the required deadline. The offerors cost proposal shall be a fixed price/ lump sum amount and signed by and authorized agent of the company, please include a rate schedule if additional work is requested that is associated with the RFP. This is for informational purposes and is not part of the evaluation. There is no maximum page limit to section 5.0. Print/Type Company Name Here: Fixed Price offer for RFP bid 09 -CM2 (FY09 CITY HALL SPACE/FACILITY NEEDS ANALYSIS) A Proposed rate per hour schedule if additional work is requested associated with the RFP. Authorized Signature Print/Type Name Print/Type Company Nasse Here Date SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the offers according to the following criteria: • A selection team for the City will initially evaluate and score all technical proposals received. • Proposals not meeting the minimum technical requirements and those who are non-responsive will not be considered. • A short list of proposers will be developed based upon the highest scores on the technical evaluation. Those short-listed will be asked to present their proposals to the selection team. Proposal Evaluation Criteria Initial evaluation • Proposed methodology and scope 20% • Qualifications of firm and assigned personnel 20% • Related projects experience 20% Final Evaluation • Presentation 15% Fixed price (Section 5.0) 25% SECTION 7: STANDARD CONTRACT INFORMATION 7.1 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A. Offerors should notify the City of any terms within the standard contract that either preclude them from responding to the RFP or add unnecessary cost. This notification must be made by the deadline for receipt of written/e-mailed questions or with the offeror's RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non -material, minor, insubstantial exceptions to the standard contract with the highest scoring offeror at the time of contract negotiation. 7.2 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the offeror's RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City's standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.5 SUBCONTRACTORS The highest scoring offeror will be the prime contractor if a contract is awarded and shall be responsible, in total, for all work of any subcontractors. All subcontractors, if any, must be listed in the proposal. The City reserves the right to approve all subcontractors. The Contractor shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.6 GENERAL INSURANCE REQUIREMENTS See section 4.0 of the contract in Appendix A. 7.7 COMPLIANCE WITH WORKERS' COMPENSATION ACT The Contractor is required to supply the City of Milton with proof of compliance with the Workers' Compensation Act while performing work for the City. Neither the Contractor nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.8 COMPLIANCE WITH LAWS The Contractor must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of -1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Contractor subjects subcontractors to the same provision. The Contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.11 CONTRACT TERMINATION See section 5.0 of the contract in Appendix A. APPENDIX A: STANDARD CONTRACT Reference only City of Milton CONTRACT AGREEMENT RFP #09-CM1 Legal Organ For Newspaper Legal Notices and Advertisements This Agreement made and entered into this day of , in the year 2009; by and between The City of Milton, Georgia, having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and the having its principle place of business at WHEREAS, the City of Milton has caused Request for Proposals (09-CM1) to be issued soliciting proposals from qualified contractors to furnish all items, labor services, materials and appurtenances called for by them in accordance with this proposal. Selected Contractor is required to provide the services as called for in the Scope of Services; and WHEREAS, the Contractor submitted a proposal in response to the RFP; and WHEREAS, the Contractor's proposal was deemed by the City of Milton to be the proposal most advantageous to the City; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree to compensation of for services to be provided as follows: 1.0 Scope of Work The Contractor agrees to provide all Services and comply with all requirements specified in the RFP, attached hereto and incorporated herein by reference as Exhibit "A," and provide those Services as may additionally be specified in the Contractor's proposal in accordance with the terms and conditions of this agreement. Said specifications are hereby made a part of this agreement by reference. 2.0 Independent Contractor 2.1. The Contractor shall be an independent Contractor. The Contractor is not an employee, agent or representative of the City of Milton. The successful Contractor shall obtain and maintain, at the Contractor's expense, all permits, license or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses or approvals to the City of Milton Representative within ten (14) days after issuance of Notice to Proceed. 2.2 Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Contractor agrees to indemnify, hold harmless and defend the City from and against any and all liabilities, suits, actions, legal proceedings, claims, demands, damages, costs and expenses (including attorney's fees) rising out of any act or omission of the Contractor, its agents, subcontractors or employees in the performance of this Contract. 4.0 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 subcontractors. 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 there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,040,000 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 there from. (c) Professional Liability of $1,000,040 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 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 iosses 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 ANIL (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) Subcontractors: Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional 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 toss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 5.0 Termination 5.1 Any other provisions of this agreement notwithstanding, each party has the right to terminate this Agreement if the other party breaches or is in default of any obligation hereunder which default or breach is incapable of cure or which, being capable of cure, has not been cured within thirty (30) days after receipt of written notice of such default (or such additional cure period as the non -defaulting party may authorize). In addition, the City may terminate this Agreement for convenience upon thirty (30) days written notice to the Contractor. 5.2 The City of Milton may terminate the agreement immediately without prejudice to any other right of action or remedy if the Contractor: 5.2.1 Becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition of bankruptcy, suffers or permits the appointment of a receiver for its business or assets, or becomes subject to any proceeding under any bankruptcy or insolvency law, whether domestic or foreign, or has wound up or liquidated, voluntarily or otherwise. In the event that any of the above events occur, the Contractor shall immediately notify the City of Milton of each occurrence. 5.2.2 After five (5) days written notice fails to: a) Maintain the required insurance, or; b) In any other manner to perform the requirements of the RFP. 6.0 Compliance with All Laws and Licenses The Contractor must obtain all necessary licenses and comply with local, state and federal requirements. The Contractor shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 7.0 Assignment The Contractor shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Drug -Free and Smoke -Free Work Place 9.1 A drug-free and smoke-free work place will be provided for the Contractor's employees during the performance of this Agreement; and 9.2 The Contractor will secure from any subcontractor hired to work in a drug-free and smoke-free work place a written certification so stating and in accordance with Paragraph 7, subsection B of the Official Code of Georgia Annotated Section 50-24-3. 9.3 The Contractor may be suspended, terminated, or debarred if it is determined that: 9.3.1 The Contractor has made false certification herein; or 9.3.2 The Contractor has violated such certification by failure to carry out the requirements of Official Code of Georgia Annotated Section 50-24-3. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 11.0 Policy on Hiring of Non -Resident Aliens 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 Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F" that it and Contractor's subcontractors 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 Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors 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 Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Contractor's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of G.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that the employee -number category designated below is applicable to the contractor. 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. Contractor'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 "E." 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. 12.0 Inclusion of documents The Referenced RFP, any addenda thereto, and the Contractor's Proposal submitted in response thereto, including any best and final offer, are incorporated in this Agreement; form an integral part of this agreement; and, are attached hereto as follows: ATTACHMENTS: RFP Number: 09-CM02 Addendum Numbers: Contractor's Proposal identified as: In the event of a conflict in language between this Agreement and the foregoing documents incorporated herein, the provisions and requirements set forth in this Agreement shall govern. In the event of a conflict between the language of the RFP, as amended, and the Contractor's proposal, the language in the former shall govern. 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. Approved as to form: City Attorney CONSULTANT: By: Its: SIGNED, SEALED, AND DELIVERED in the presence of: [CORPORATE SEAL] Witness Notary Public [NOTARY SEAL] My Commission Expires: CITY OF MILTON By: Its: SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: [CITY SEAL] STATE OF GEORGIA EXHIBIT "E" CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm, or corporation which is 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 subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "1." Contractor 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 subcontractor(s) is retained to perform such service. EEV 1 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date (Contractor Name) Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 200_ Notary Public My Commission Expires: STATE OF GEORGIA CITY OF MILTON EXHIBIT "F" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) 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 1 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date (Subcontractor Name) Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 200 Notary Public My Commission Expires: APPENDIX B: SUBMITTAL REQUIREMENTS SUMMARY 5.1 Submittal Requirements: One (1) original four (4) copies of each Proposal. Technical Proposal: 1 _ City of Milton Request for Proposal Cover page (First page of this document/must be signed) 2. City of Milton Disclosure form 3. Proposal letter 4. Technical submittal (see section 1.4.1) 5. Applicable Addenda Acknowledgement (if any) Cost Proposal: See section 5.0 EXHIBrr "B" I% LDD Bid response.pdf PG. 20 Avail seat last r1I AlIKIN , kJOIJ daU At L.,III a n )i j xiv ldson Dooley, Inc. March 23. 2009 Mr. Hick Pearce Procurement Office 13000 Deerfield Parkway Suite 107-6 Milton. GA 30004 l E: Request for Proposals. FV09 - Cite of Milton City Hall Space 1 Facility Needs Analysis []ear Mr. Pearce: Hie Team of Lyman Davidson Doolev, Inc_ (LD)D) and WAIden, Ashworth & Associates, Inc. is pleased it) submit ocir prollessional design Proposal for the City of Milton - C'itN l laII Space " Facility Needs Analysis located in Milton. Georgia. We have had the privilege: of working oat numerous �roxcI'll lie itt proiects for variott5 State agencies since our Inc eptIoil, and we would like the opporlunity to vvo}rk �v itli the City of Milton. For almost three decades. Walden. Ashwomh & Associates. Inc. has provided a full range ol'rngineering service-,; to industry, commercial and residential developers and state and local govcrnntents, rl'hei.r proficssionals and technical support specialists are skilled In the planning and design oi' site development, establishing site progranis to idcntify niorc desirable charuCteF-istics liar potential sites, the aFnount of land needed, utilities. transportation features and access as vvch as schematic facility and F�7encric site planning,. No matter where we linv e practiced aFC.[1FteCLu1't. [.14) always tries to emphasize a strong sense of place. civic pride and commercial value to -each of our clients. Our feam's goal is to deliver expertise that blends the vest in design with a deep understandins-, cif lata] context. cuMire and client needs. Char fcarn's background in designing these facilities gives Its a unigne knowledge of the requirements necessary to complete these projects successfully. LDD's staff' includes 65 professionals of which (8) are LED accredited professionals. We are also members of t. SG13C and seek to enhance the env ironment. If you choose to design a 1,f:ED Certified project, our scant has the experience and expertise to accomplish what ever rating yotl should desire. Below is a short listing ofsome of out - team's facilities for which we have provided prolessiona[ pro}grainming, design and construction administration services as well as LEA. -I'D Certification: Newton County feasibility Study Im the Civic Center, Covington, Georgia Ilartov, County C'iv'ic Center. Ca rte rsviIle, C.acorgia (LEER Silver Pending) A hrnnti Center. Vdcstern Kentucky l' niversity. Bowling Careen. Kentucky Cherokee County Feasibility Study, Canton. Georgia Atiler icus-SLIIntCT Cauttty Aquatic Feasibility Study, Americus, Georgia F First Baptist Church of Atlanta Conference & Council Feasibility Study. Atlanta. (;A Mr. Rick Pearce March 23. 2009 Pa,-3- zT We believe that our l Caul of experts that Nve have chosen for tic City of Milton City Ila€I Space ' Facility Needs Analysis will provide the Cite of Milton v-vith the ideal team, Please consider the following advantages: I -)D, serving as the Architect of Rtcord %%ill he hands on during the critical period during construetion- It is besteftcial to the City that we can respond quickly to issues during the Contract Administration phase of the work 'rhe design team has completed multiple projects that are 1.FED certified, and we have (8) 1.1:1.1) accredited professionals ort staff' I I l€ f has assembled the best team of supporting constsltatnts to design your project, and our ream has a proven track record of successfully completing similar projects Ot€r Cost Consultant - Gleeds USA has worked With tss ost numerous pro,iccis to maintain cornstructi011 cool budgets Uri these very Qo1nplu.r fascilities 1..171) has a I-lr11 service Interior Design Studio to select finishes and furniture for your project LM utilizes a combination of project management sollwarc and critical path scheduling to maintain the design Schedule and meet your deadlines We etre: thrilled ttt submiI our proposal for your review. and we Ice conttdtnt in our abilities to serve as your design team. Thank you again for the opportunity to submit our qualifteat i[nn5. 5sncerely. Lyman ❑avidso t Dooley, We. Stc4'e€ r. 1.Vl natft. A l . CC'S SenXr Principal' Scope of Work Key Persorrncl Related Projects Background and Experience References `. ; Project Schedule Lyman Davidson Dooley, Inc. CITY OF MILTON City of Milton REQUEST FOR PROPOSAL (THIS IS NOT AN ORDER RFP Number: RFP Title: 09-CM02 FY09 CITY HALL SPACE/FACILITY NEEDS ANALYSIS RFP Due Date and Time: Marcie 23th,2009 2:00pm local time i ISSUING DEPARTMENT INFORMATION _ Procurement Office Contact: Issue Date: Rick Pearce February 25th2009 City of Milton Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107G Fax: 878-242-2499 Milton, Ga. 34004 Website: www.cityofmiltonga.us INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/Package.- nvelope/Package:City Cityof Milton Bid Number: 09-CM02 Attn: Rick Pearce, Purchasing Office Name of Company or Firm 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004 Special Instructions: — -- Deadline for Written Questions March 10h,.K009 0 5:001PM Email(preferred) questions to Rick Pearce at rick.ncarcc@citvofnniltorrna.us or Fax questions Attn: stick Pearce at 678-242-2499 OFFERORS MUST COMPLETE THE FOLLOWING _ Offeror Name/Address: Lyman Davidson Dooley, Inc. Authorized Offeror Signatory: 1640 Powers Ferry Road Building 1, Suite 100 f \nJ Marietta, GA 30067 Steve Lyrrin. CCS, Senior Principal Ptease nta and si n in ink Offeror Phone Number: Offeror FAX Number: (770) 850-8494 (770) 956-9030 Offeror Federal I.D. Number: 458-1802784 Offeror E-mail Address: Iymans Iddi-ati cam davidsonr@lddi-atl. cam st8rksb@_)1dd i-at1. corn OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE City of Milton CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH BID This form is for disclosure of campaign contributions and family member relations with City of Milton off icialslemployees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror Lyman Davidson Dcoiey, Inc. Naine 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.) Lyman Davidson Dooley. Inc. has never made any carnpaigne contributions to the City of Milton 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 Lyman Davidson Dooley, Inc has never made any campaigns contributions to the City of Milton Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: Lyman Davidson Dooley, inc- has never made any campaigne contributions to the City of Milton City of Milton City of Milton FY09 CITY HALL SPACE/FACILITY NEEDS ANALYSIS RFP# 09-CM02 PROPOSALLETTER (Bidder to sign and return with proposal) We propose to turnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) regarding the City of Milton FY99 City Hail space/facility needs analysis. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city. PROPOSAL SIGNATURE AND CERTIFICATION I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies. equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences. and civil damage awards. i agree to abide by all conditions of the proposal and certify that I am Authnrized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et, serf. have not been violated and will not be violated in any respect. r Authorized Signature .' ,X _ --- Date March 23, 2009 Print/Type Name Steven G. L rTan AA, CC Senior Principal Print/Type Company Name Here i*jc bjidson Dooley, Inc City of Milton ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 09-CM02 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax. 678-242-2499 Email; rick-pearcy(g cit of niltoliga.us This must be received by the purchasing office before the due date of the RFP. I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: Lyman Davidson Dooley, Inc. CONTACT PERSON: Steven U. Lyman, AIA, CCS, Senior Principal or Ben Starks ADDRESS• 1840 Powers Furry Read, Building 1, Suite 100 CFI Y: Marietta STATE: Georgia ZIP• PHONE: (770) 850-8494 FAX: (77U) 966-0030 EMAIL ADDRESS: lymans@lddi-atl.com or starksb@iddi-atl-com Signature ADDENDUM #1 RFP 09-CA102 Uv @ Wkw§ 30087 March 23, 2009 Date e A 17 1 - "IS OP: cii \ ill k i' -'1 k iE.. 111'.. j;Sffilii3 �'{. 31iift,lif �"Ii OtG kl,10 AIl•Is I I LDD utilizes a unique "on-site workshop" as a means to establish a clear understanding of a project for the owner and design team. This process of documenting the project needs will immerse each member of the team and the owner into the project. All key issues including site parameters, Functional space requirements, the architectural and interior character of the facility and staffing requirements will be identified, analyzed and documented. 1 yy i ;s'='s;3. i. ;9'; ;'. i,; li,���•.' ;:iE.i t.3 ';I 4•'C. .!;k ij iSlS i. iIi•i �iil iS t 11 L(i lll•i s, ;�13 j' lkfifif[ ifE{C3.i:iL:+.iii. is=id E•t, fit.ilrli� !..Ifail. -p,.� ;':.ill i. ..,, '. i+.Ei ', '. :• ,i t:.t it i?1'. •',it Ci'. `9;� }a4:f i�a:i 13 i z ..v:'L! 13ii:7i1.. The hard data that is collected at the "on-site workshops" is then entered into a programming spreadsheet that will calculate the subject needs and estimate construction dollars for the project. Diagrams such as Adjacency Diagrams and Block Diagrams will he created to visually define the space analysis. This information will serve LLS the foul:damon for the final prograyn doo:l.ttnt•aft that will establish the: criteria by which design concepts and ultimately the final design will be evaluated. i; :. i'.'.; ,, .. s•.ii•. =s! iiti =;•i =• si?fi il. its ist�;'p'.f I S[ [ {EtFfi Security will be a key issue for this facility and although a single point of entry may not be practicable for this facility, there will be key locations where public will need to enter the facility and the Owner users would he separate from the general public. Departments may also require having entry points from other departments, sty those issues will need to be discussed. p'.`' ;:.i;'�;. i.+..fi;�., i'*Sa:�.r�?kY! ?_. 3i�:,�it3i`:i �i's.i3:.ii t[v3;:3i-�ItiLilSs ,![�jei�l-i}[iti. �.itrl'>t�:;l' �il�•.i �:><�3.tra�ii',Et +.ails.il+sllt?['.. l._DD has proven to be a leading firm experience in the design and construction industry throughout Georgia and the Southeast. Our team will work with the client 1 owner 1 user to determine the unique needs of the pro- posed structure and bring knowledge of up-to-date design trends and current building materials to this project. Fascd on well-founded wictitific standards, I.EED Cmphasizcs state-of-the-art strategies for sustainable site development, water savings energy efficiency, snaterials selection and indoor environmental quality. The LEED prograin recognizes achio'rernezats and promotes expertise in green building through a comprehensive system offering project certification, professional accreditation, training and practical resources. • i.sits.-•ir �_ #•:: r Esiz'1ii `r lii: cif -ill : c ii,s.i :. =..4 i i;,l9c s f i+ 1t1{.4 Elil:t? �lf:i �-.iEilE.=iiia[ s:{ 1,3l3i� 3i.'� efz [i, iiPl�i? is -.. is ']�•-.{.. ...??'+s.. �i .:E:!k[". i .t<. :- i'i[. Walden, Ashworth & Associates, Inc. (1WA&A) will establish a list of required and desirable elements for po- tential sites for City Hall, as well as, expansion capabilities for future needs. Lyman Davidson Dooley, Inc. Some of the required elements would include: a safe and easily accessible location; roadways capable of han- dling the vehicular traffic generated by employees, customers and vendors; utilities to support building needs; and additional land for future expansion. Desirable elements would include: access to public transportation for employees and customers and proximity to other city departments such as Parks, Streets & Utility Maintenance, Vehicle Maintenance, etc. Jr<lh cm)":111 billidiw" flo"). 11L.;J1, if )I- rc% i A Alld c.tzIiLidCr.tT.1110- Once the program is established and the department adjacencies are determined the block plans and uses of space can be analysis to see if certain spaces could be used for many functions. Example- the municipal court space could also be a space used by Mayor and City council for public meetings. LDD plans to work with the city to develop three concept plans of the proposed building then choose one plan to develop further with site plan. Capital construction cost (site development and building) Projected annual Facility operations and maintenances cost. Cast Estimating Dependable cost estimating is essential to the successful planning and design of any construction project. Accu- rate estimates provide vital feasibility and budgetary data from project inception through completion of the de- sign and development process. As experienced cost experts we will work with you to prevent over -expenditure or underutilization of your construction dollars by providing meaningful cost information for the three draft alternative concept building floor plans. Our professionals will assess and manage casts before your project reaches the marketplace, minimizing the possibility for costly surprises. Gleeds will provide a cost estimate for each of the three schemes. Asset Whole life Costing Once the most feasible plan is chosen, we will provide estimates for the capital construction cost and the pro- jected annual facility operations and maintenance costs. Whole Life Costing is gradually being recognized as one of the most important methods of evaluation for effective property investment decisions. We recognize that clients must now make decisions based on quadruple bottom line assessment criteria. These include environ -- mental, social, economic and political factors. Our collection and presentation of data for assessment is vital to appropriate decision making. We have developed a number of assets whole life cost models that are able to model the on-going physical periodic whole life replacement of assets over periods up to 25 years. Life Cycle Costing (LCC) studies enable decisions to be made beyond the short-term comparison of pure capital cost expenditure. LCC assessment is a method of making long-term decisions. The technique allows the prop- erty cost consultant to use tried and tested models to assess the planned maintenance expenditure. Life Cycle Costing studies also enable the wider aspects of energy usage and facilities management operation costs to be considered in the decision making process. Clients operating costs can outweigh initial capital cost within only a few years. 'Therefore, component selection and FM Management is a key issue when assessing overall value, Lyman Davidson Dooley, Inc. Cost Estimating Competencies: Careful quantification of all material, labor and equipment resources g Scrupulous research = Calculation of unit rags based on data gathered from recognized industry sources A Cost estimating experience for more than $.34 billion in projects worldwide Expert cost control services v Multi track reconciliation expertise Benefits of effective Cost Estimating: Computerized preparation of feasibility estimates and detailed cast plans Monitoring of costs as the design progresses Adherence to cost -limits identified in the Project Budget Regular cost reports to complement your accounting }procedures Using; an excel document and base From the data collected from the workshop. LDD proposed to createan excel dozcument that has room sim, amount of rooms needed and an estimated cost of that room. LEED will also af- fect the use of those spaces too, so a LEED scorecard will be part of this }process so that both the program and the LEED categories can dovetail within one another. Walden, Ashworth & Associates, Inc. (WA&A) will prepare a generic site plan based upon the conceptual floor plan chosen by the City of Milton. The site plan will denote all of the desirable and required elements neces- sary to support the facility including vehicular parking, loading/unloading spaces, storm water management, transportation access, necessary utilities, lighting and landscaping. Lyman Davidson Dooley, Inc, Mr Rowland Davidson, AIA, ASID, has over 30 of experience and will act as the Senior Principal for the City of Milton project. He will create a consortium, along with the expertise of the Government Studio Direc- tor, ilr. Ben Starks, and each of our engineers and consultants to provide this project with the most qualified team to affect this facility of leading technology and design. EDUCATION: Bachelor of Architecture 1978; College of Architecture, University of Kentucky & European Design Program PROJECT EXPERIENCE: ■ Newton County feasibility Study for the Civic Center, Covington, Georgia • Bartow County Civic Center; Cartersville, Georgia (LEED Silver Pending) ■ Alumni Center, Western Kentucky University, Bowling Green, Kentucky • Cherokee County Feasibility Study, Canton, Georgia ■ Americus -Sumter County Aquatic Feasibility Study, Arrtericus, Georgia • Hirst Baptist Church of Atlanta Conference & Council Feasibility Study, Atlanta, Georgia ■ Georgia DNR Coastal Resources Headquarters Building, Brunswick, GA ■ Newton County Office Complex, Covington, GA • Georgia DNR Wildlife Resources Headquarters Building, Walton County, GA • US Fish & Wildlife Open End Contract, Various Locations, Southeastern US !' . ? .,. 8 li:i•.... I ?�.. is ...`.. , i:il,..�t! +.i+i..i;i': Mr. lien Starks will function as Government Studio Director for your project. A twelve year ten tire. ns; a'Pr"*fr,s- slrmal'architer't-1Las f Iven Mr. Starks the necessary experience to manage and coordinate the team throughout all phases of challenging design projects such as this. This involvement and the role of key point -of -contact will allow Mr. Starks to be informed on the status of the project during all phases and communicate phase -by -phase project updates to Mr. Davidson, Principal -in -Charge, and the Owner 1 Program Manager. EDUCATION: Bachelor of Architecture 1991; College of Architecture; University of Kentucky PROJECT EXPERIENCE: • Newton County Feasibility Study for the Civic Center, Covington, Georgia • Bartow County Civic: [elder, Cartersville, Georgia (LEER Silver Pending) • Cherokee County Feasibility Study, Canton, Georgia ■ Americus -Sumter County Aquatic Feasibility Study, Americus, Georgia • Georgia DNR Coastal Resources Headquarters Building, Brunswick, GA ■ Newton County Office Complex, Covington, GA ■ Georgia DNR Wildlife Resources Headquarters Building, Walton County, GA US Fish & Wildlife Open End Contract, Various Locations, Southeastern US • US Fish and Wildlife Office Building, Eufaula (LEED Principals), At, • DNR Wildlife Resources Division Data Center and Offices (LEED), Walton County, GA mom Lyman Davidson Dooley, inc. C Newton Counry Feasibility Study Civic 1 Convention 1 I Iotcl 1 Administration Newton County, Georgia Newton County Hotel: 67,350 sf; Convention: 17,400 sf Civic: 29,995 sf; Total: 114,745 sf Mr. Ray McFadden, ]r., PF Project Manager - Newton County 1113 Usher Street Covington, GA 300114 (678)625-1642 The Newton County Civic Center was a study to see if a 100 -key Hotel, 17, 400 square foot Convention Hall and a 30,000 square foot the- ater could be constructed on the remaining, land the County had left over from the new County Administration Building. The County was in a joint -venture with a national Idotel chain de- veloper re) protide a facility to he connrc-te d to the recently built Administration Building. The Convention rooms were to be housed within the footprint of the new Hotel, which was a mulit•level structure. Ir would house a main ballroom relatively 10,000 square feet with several smaller hreakout meeting roonis. The estimated budget for the facility was $14M nest including the cost of u,nstnscrion of the new hotel. Funding for the facility was not achievable because the lkveloper chose not to Partner with the County to construct this facility. The County is searching for another developer to Partner with. Newton County Feasibility Study Civic / Convention / Hotel / Administration r'k S •r ' • p r•- r7 t a r s. e r r g, iP Newton Counry Feasibility Study Civic 1 Convention 1 I Iotcl 1 Administration Newton County, Georgia Newton County Hotel: 67,350 sf; Convention: 17,400 sf Civic: 29,995 sf; Total: 114,745 sf Mr. Ray McFadden, ]r., PF Project Manager - Newton County 1113 Usher Street Covington, GA 300114 (678)625-1642 The Newton County Civic Center was a study to see if a 100 -key Hotel, 17, 400 square foot Convention Hall and a 30,000 square foot the- ater could be constructed on the remaining, land the County had left over from the new County Administration Building. The County was in a joint -venture with a national Idotel chain de- veloper re) protide a facility to he connrc-te d to the recently built Administration Building. The Convention rooms were to be housed within the footprint of the new Hotel, which was a mulit•level structure. Ir would house a main ballroom relatively 10,000 square feet with several smaller hreakout meeting roonis. The estimated budget for the facility was $14M nest including the cost of u,nstnscrion of the new hotel. Funding for the facility was not achievable because the lkveloper chose not to Partner with the County to construct this facility. The County is searching for another developer to Partner with. Newton County Feasibility Study Civic / Convention / Hotel / Administration r•- r7 t a r s. e r r g, iP Cherokee County Feasibility Study Conference and Administration Center Cherokee County, Georgia I Cherokee County 60,000 sf Mr. Jerry Cowper _ -- � � County Manager i Cherokm Cmunty H i' �. �. 90 North Street Canton CSA 30114 (678) 493-6000 The Cherokee County Con ferencc and Admin- istration Center was a study for a new facility within the Heart of Downtown Canton, Georgia. The facility was to ]ruse lobi largr ballruujiu, and adminstrative spaces and the County Curnmission - ers could hold their County rneerin&n within the main meeting room. The total complex was to be 60,(M square feet with an adjacent parking deck to support the facility. No budget or estimation of cost was conducted for this site because the geo- tcehnical drillitig cr.r,ductcd proved that the sire had very bad soils, thus malting construction of this facility not feasible on this particular site. rf ti E' t 4 _ ..... j W r, r I .,.-�..- rigs F Cherokee County Feasibility Study Conference and Administration Center Parkin llcrk "4 w -Inv,... Western Kentucky University Feasibility Study Alumni Center Bowling Green, KY we''tcgll KtlaUlla U1t1YCrz'lty 60,000 sf WKII Alumni Center Western Kentucky University I Big Red Way Bowling Grecii, ICY The site is developed as an edge condition for the university tam pus m the north. A circulation datum reaches through the building, and ,ubscyuenfly across the sire_ This datuns links the building to parking :Ind ultimately, at the other end, the building to the campus fabric. Fhe building is composed of limestone and: prc-cast concrete masonry along with glass and aluminum curtain walls. A long brise--soleil is Used to filter the sunlight to the interior of the building while creat- ing an animated silhouette for the interior lighting seen at night. This t 60,000 sf facility is designed to house the Western Kentucky liniver• city Alumni Association. The program for the building describes office spaces for the fuuctiou of the asso6auon ierel€, as well as large Multi i purpose meeting halls and support spaces to accornmodate alumni or corn mercia I functions_ Along with these primary elements the building program calls for a Museum, Library, Board Meeting R(x)in and vari- ous spaces for informal gatherings and entertaining. Another large ale - meet of the prograin is a "bed and breakfast" style hotei facility, which would be used to hoarse visiting alumni and/or dignitaries as well as 6usineas travelers visiting the arta. This is located toward the rear of the site to afford it more privacy. Western Kentucky University Alumni Center Feasibility Study Ah ■ y _ V.. __. vi i I A f" ,.. lilt" I,gI i.itIIi I .i{id F.\PCrrcli e Lyman Davidson Dooley, Inc. (LDD), a Partner -owned S -Corporation, incorporated in the State of Georgia since 19W, offers a full -range of services including land planning, building site planning, Feasibility stud- ies, architectural design, interior design, and space planning that will ad- Ifni dress and meet the needs and goals of the City of Milton. LDD believes ■ ■ ■m�i that it is our professional responsibility to offer buildings and spaces that � �� All � uW r IN positively influence those people who occupy them and their surrounding community. Mr. Rowland Davidson, AIA, ASID, Senior Principal and Mr. Ben Starks, Government Studio Director will serve as your points -of- contact. Mr. Davidson is a registered and licensed Architect in rhe State of Georgia. Mr. Davidson and Mr. Starks are both located in our Marie - located at 1640 Powers Ferry Road, Build- ing 1, Suite 100, Marietta, Gcorgia 30067. Our main office phone number is (770) 8.50-8494 and the Fax number is (770) 956-9030. Their email addresses are as fellows. davidsonr@lddi-atl.com and starksb@lddi- arl.corn. Our company web site is also a good resource for information tlddi-architects.comj. This year LDD celebrated its ? 1 th Anniversary. Our first office was established in Atlanta, Georgia and we have grown our business steadily into four other office locations (Nashville, TN, Tarnpa, FL, Lexington, KY and Auburn, AL.). The Atlanta office will complete all the tasks associated with your project and we will commit the manpower of over 40 employees. LDD currently has a staff of over 65+ full-time professionals company -wide should we need to draw upon more staff for your project. Since its inception, LDD has developed a strategic plan for growth that has enabled us to attract top professionals in specialty areas of design. We are organized in a Studio structure based on design teams that focus on specific markets such as: Recreation, Education, Church, Cor- porate, Government, Healthcare, Retail, Mixed -Use and Interiors. Each Studio is led by a Studio Director that guides the team throughout the design process and brings exceptional experience and expertise to rheic specific area of design. Each Studio Director is supported by Project Managers, Team Leaders, and Designers. Each of our in-hf3use personnel as well as our consulrants have been chosen for their years of expertise working on similar government design facilities. The experience and strong qualifications of the LDD Team will prov=ide the foundation for a solid project design 1 management team for the City of Milton. Profiles of our consultants are on the following pages. You will learn how our team will function as a synergistic team - the end result will provide the City of Milton with the highest level of comprehensive architectural and engincering services that will successfully address your project needs and requirements. Since its establishment In 1981., cz d, z-' ,,i i!. �, lir,:. , engineering and planning practice has been }used on providing quality services while meeting the client's time and cost budgets. Their experienced staff, which includes both engineers and a landscape architect, is lead by business -oriented management in seeking; the most cost-effective design compatible with project requirements. For almost three decades, Walden, Ashworth & Associates, Inc. has provided a full range of engineering services to industry, commercial and resi- dential developers and state and local governments. Their staff of professional and technical support specialists arc skilled in the planning and design of site development, establishing site programs to identify more desirable characteristics For potential sites, the amount of land needed, utilities, transportation features and access as well as schematic facility and generic site planning as well as wastewater collection systems, water distribution systems, drainage facilities, high and low hazard darns and other water resources projects. Lyman Davidson Dooley, Inc. Tlwir staffing; allows the firm to offer single -source responsibility for assignments ranging from small studies to iiuflti - II IiIli011 dollar p1701ects. Walden will be providing civil cugineering services on your pruicct. Registered Professional Engineer in the states of Georgia, Alabama, North Carolina, and Tennessee Bachelor of Civil Engineering, Georgia Institute of Technology Mr. Walden has served as President of Walden, Ashworth & Associates, Inc. since its beginning in January of 1982. In this capacity he is responsible for the overall work performed by the company. Mr. Walden has had over thirty-nine (39) years of experience in the planning and design of projects for governmental, industrial, commercial and private clients. He has extensive experience in the design of high hazard dams including hy- draulics and hydrology and has developed several computer models for the design of storrn water management systems and the determination of water surface profiles in natural streams. He is frequently consmited by rather engineers on their water resources projects particularly on projects that include either existing or proposed dams. Mr. Walden is an affiliate member of the Association of State Dams Safety Officials and was the first engineer to be recognized by the Georgia Safe Dams Program as meeting their requirements for "Engineer- of Record" status for designing high hazard (Category 1) darns for Hydrology/Hydraulics. Mr. Walden has consid- erable experience in designing and managing projects for local and state government agencies. Many of these projects included the disciplines of architecture, civil, strucrural and mechanical engineering. He has extensive professional experience including over 32 years of project management experience with projects having a con- struction value ranging from a thousand dollars to over $42 million dollars. Bachelor of Civil Engineering Technology, Southern College of Technology, Marietta, Ga Mr. Hardin has served as vice-president with Walden, Ashworth & Associates, Inc. since April 1999, and has been with the company for a total of fourteen (14) years. He is responsible for design and plan preparation, as well as, client and jurisdictional coordination. He has more than twenty four (24) years of experience in plan- ning and design of civil engineering projects for governmental and private development clients, with particular emphasis on site development, roadway construction, underground utility design and upgrades, and adaptation of construction with existing features to economize construction costs. Mr. Hardin has participated in and supervised the design of many commercial, residential, industrial, and municipal utility projects in much of the United States. He has worked with most of the jurisdictional agencies for the projects he has worked on and has a broad background with utilizing various computer-aided design packages for plan preparation, hydrological and hydraulics analysis, and survey coordination. He has extensive experience in site analysis, land planning ane{ preliminary engineering for adaptation of difficult existing features. He has designed several utility upgrade projects for the Cobb County Water System, as well as working on many private development projects over the past Fourteen ( 14) years. He has designed many new cornmercial and shopping center projects all over the country, and works well with jurisdictional agencies to properly permit and construct projects with many dif- ferent regional requirements. Vilest Point Industrial Campus - Complete 2007 Georgia State Financing and Investment Commission Consulting engineering for design of 642 acre industrial campus Lyman Davidson Dooley, Inc. Huustori County ❑aw Study - Complete 2001, Georgia Department of Natural Resources Parks, Recreation and Historic Sites - Study to evaluate the feasibility of constructing a new dam 1 take in the proposed new state park in Houston County General Coffee State Park - Complete 1993, Georgia Department of Natural Resources Parks, Recreation and Historic Sites Division - Study to determine the feasibility of constructing a water feature for ion boats and canoes on Seventeen Mile River in General Coffee State Park Panoia Mountain State Park Visitor's Center - Complete 1989, Georgia Department of Natural Resources Parks, Recreation and Historic Sites Division - Complete architectural and engineering for addition of 3,500 square feet of Audio-visual Roan, Teaching Classroom and Computer Classroom to the Panola Mountain State Park Visitor's Center Florence Marina State Park Cottages - Complete 1989, Georgia Department of Natural Resources Parks, Recreation and Historic Sires Division - Complete architectural and engineering design services for Flor- ence Marina State Park Cottages Generic Environmental Assessment - Complete 1991, Georgia Department of Natural Resources Walden, Ashworth & Associates, Inc, served as a sub -contractor for Camp Dresser McKee, Inc. in developing Guidelines for the Development of Water Supply Reservoirs - Generic Environmental Assessment was Founded in 1885 and has been a pre-eminent global provider of independent construction advice to Owners for over 120 years. Gleeds established a presence in the developing North American market by ac- quiring; a majority shareholding in Atlanta-based construction consultant Castell Marks International, founded in 1984, to form Gileeds USA Inc. In the millennium, the two firms joined forces to unite the global strength of Gleeds with the American reputation and experience of Castell Marks. U.S. operations expanded in 2004 with the opening; of a new office in Denver, Colorado and again in 2006 with the recent opening; of an office in Greenville, South Carolina. Key sectors for the United States market include criminal justice, education, recre- arinn, healthcare, hospitality, faith teased and commercial projects. They combine their global knowledge and expertise with our understanding of the local market to make sure clients receive the best advice regardless of culture and cross border interests. Robert Smirh is a senior project consultant with over 25 years experience providing program management, cost management, project planning/scheduling and resolution 1 litigation support services. Robert worked with in- ternational and national general contractors prior to joining a well known construction consulting Firm where he completed numerous projects throughout the United States. He brings a wide range of project knowledge to the Gleeds team having completed large-scale projects in the government sectors, healthcare, research & development, commercial, industrial, retail, hospitality, and education. Robert is proficienr in scheduling and schedule analysis using Primavera Systems P3, SureTrak and Microsoft Project. Additional experience includes collaborative project controls software such as Prolog, Constructware and Expedition (Primavera Systems). Lyman Davidson Dooley, Inc. i �It•c.•d� i'€'c�jrct I°x�re.ricncr Dawson County Sheriff's Office & Adult Detention Center, Dawson County, GA Newton County Administrative Office Complex, Covington, GA Gwinnett County Police Headquarters Annex & E-911 Center, Gwinnett County, CA Hall County Jail & Law Enforcement Center, Hall County, CA DeKalb County Jail tit Sheriff's Headquarters, Decatur, GA Sumter County Youth Detention. Facility, Sumter County, GA Cobb County Additions to Youth Detention Facility, Smyrna, GA DeKalb County Additions to Youth Detention Facility, Decatur, GA Clayton County Courthouse and _jail Facility, Clayton County, CA Columbia County Courthouse and Jail Facility, Columbia County, GA Gwinnett County juvenile Detention Facility, Gwinnett County, GA Fayette County justice Center, Jail & Sheriff's Facility, Fayette County, CA Cherokee County Sheriff's Department & Jail, Woodstock, GA Newton County Law Enforcement Center, Copia-igton, GA Cobb County Adult Detention Facility Expansion, Smyrna, CA University of Georgia Learning Center, Athens, GA RadiaLion Hardened 11111,Cg'ra€eel Circuits Facility, Sandia National Labs, Albuquerque, NM Electronic Warfare laboratory & Hangar Facility, Point Mugu, CA Lyman Davidson Dooley, Inc. Illi '�: Rcfcwtlo.• Georgia DNR Wildlife Resources Contact: Mr. David Freedman Chief Engineer, Engineering & Construction Section Department of Natural Resources 2 Martin I.uther King Jr. Drive Fast Tower, Suite 1352 Atlanta, GA 30334 Ph: (444) 656 6531 Newton County Administrative Complex Contact: Mr. Raymond 1. McFadden, Jr., P.E. Project Manager Newton County 1113 Usher Street Covington, GA 30014 Ph: (678) 625-1642 Bartow County Convcrntion Ccntcr COHL-act: Ibis. Ellen Archer Executive Director Cartersville -Bartow County Convention and Visitors Bureau One Friendship Plaza Cartersville, GA 30120 Ph: (770) 387-1357 Lyman Davidson Dooley, Inc. LDD uses Microsoft Project Software to help manage design projects within our company. Utilization of this software allows our Project Managers an optimum level of efficiency which presents a huge henefit not only to the team in accomplishing various project tasks, but to the client in completing the project within the set schedule and budget. Use of this software allows us to generate a project plan by assessing where an addi- tional resource should he placed to achieve the greatest impact, and by establishing a phase -by -phase man-hour schedule to budget and track the labor needed to hit key deadline dates. The software is highly customizable, allowing 1.DD to either adopt the "out-of-the-box" version or tailor it as necessary. Through customization, we can integrate existing project management processes into the tool and standardize the way it is used throughout the company. Microsoft Project is compatible with our in-house accounting software, Wind2, as well as the Microsoft Office Suite of programs that includes Excel and Word. As with our in-house CAD Standards, the software is designed to allow our Project Managers to focus on managing their projects and not software which i ssi sts them. Proposed Schedule of Services: One day interview of key staff for needs assessment This meeting would be an all day "work shop" and have all the key staff and heads of depart ments would need to attend this meeting. One week from the workshop submit our proposed program summary Our proposed program excel document will be submitted to the City for review and corn meets. We propose three days of review by staff for comments. .. Prepare three different schemes of floor plans (Three Weeks) Once the program has been agreed to and signed off by the City, then our team is prepared to develop three sperate schemes for the City to review and make comments from. Cost estimates will be included for each scheme. Selection of one concept floor plan for to be used in a generic site plan. (one week) Submit concept floor pian and generic site plan approved by the City to cost estimator for pricing S 1 week) Annual Facility cost base from a similar size bldg based from technical data. (two weeks) Lyman Davidson Dooley, Inc. EXHIBIT "B" Continued 11"v "1fl\a„ 17a1'Iffl 1kK.lev, 1n••. Fahihi, "A" tla. Jnu+ LL l6r,vgdwt I I .ir,. rhL..i. L d. tif.negr� iix.1 Ik'r [rri.l I'sri,.a• Vudr IC'. h Ll,li�rt, L•M1 �r�YN k. 1h•c i{n f r.•v � ny Ikxs{ y+e,a- f a:.!•r, M1,.•.M, nru l..ia r ..F 1i i IN— f w•. i,F I., lkar �I, le[a•rhh.xn 1 rw• r.lh, wrrtx n nrw r•inlrrn•t ,c r . p..},.,..d lr• IncNrr rlr f ca.thi h,� rknvmrn t• I••r nrr .w SSil7oai I: Fl+}lall {u„K.r r hu }..I Rx chi. pr.•ua 1• I,JKfrnnr„r 71w• sn'hnc�wrxl y,w,}.ra inK, nl�nlil� afr..i rlik .�rrw lr,r•1 i.• 1•i Iw �Irr.t,.3 .err•. f,iYl uir :...r ..lenrde, en.1 r,�n. n1c Rlrrt,arr,. tiini pl.rr ,....ai3 G.i 11� 4eoe ui N mA- _..................... L 1 liillr ylllr� IkMi �yu-r and f .w e:d� �.•.+h M1rus�.i. ra In v.alva[u rhr aarl_f n. }loll .rral �rrgn�ar rile 'tcw Iw rin} iwr�k. I!w• ,4afi ,. •,>x l,xk a rixk rpt hiYA plan C. �I 'r �rw l ,!. f tef3 hr•n] . �n �nh•r. ie'+.+ r. iib rhr hra.]. nl r.w li ,il rhe drpttr7nr•M+ nr.l 17 s,v ana7 f.-nmc'll t•r,r nk .ex! a-Smuic. hux.l fi•err [he •wrxrpt ki l.fa. .F.ntK nnh nf.wtlk,nnl..�.r . d r'.at- linnl c'• W. 'p1 p1+n vr,t [irta lr� d.•. Aalr ,rn pr�nrp-µwi�l .rlr pinn lr.,ra na>nl rn1.l .,+F1rK;K h{.rr Ipr qru nywea• y-ee •+I the (N.yri. wAl r.tak•Iiui .ui rr Fi ilav,re at pn�prvm fiat .>,r rrrremi. u ,ai nc ilr. l'le, Ilalr .,,.1a yvrl-p-4. .r 1.-•i n r..... 11-0111 ti• drrei••rn it 1h<Wtriili.,' ".pirmnla•m, t.r khr iY.ip.r Nc rils .. nr 1-1 x. 1.111,. r'. •••• „f1r i.�+ i[u!t rnreLrltit• l•• yv cy.arr rlx pfa'�rarrgear i. nri.r nrnhr•n !r•t !ht• Tun •d liar ffr[1-1 I lrc r«•sr.rrn n.li. �Fw umanl will .eiRll bviWnrK a - «Inxre [:rings-. ,.� � u I.�..r�•+• [tic rirulrl�udpe¢ alit rr Jrlrnnnred t•. Ilrc [. r:. r+r.rJ S.�rlx . . :. m.q�ln x.1r .•f rhr. I'ra. i hA n..evrJ } , PG. 21 33 cly art ��r� City urmilma City 3Wl Spa,oe! F=Aiid Ntod, Aned%ms W Chrixopha ). 1.agcrhloon4 May 5. 281 Page '_ 11,e d a¢,nrnh steel ,nclwlr the lidlo.eng: ! A Prrliau,nary Silt Plan indICUM18 Ilk .ne Mquircmenls amt esrxbh,hing Il,r la,gcrcd wrcage 1leeded far 1hv N,!% ( i t y I1AI Ll',,Men ProK—nr„ing 13•xnmcnt 1 Blkwk pl:m showine Cil) Ila 11 I% w mcw� and lllflwr .1 E'rclimi,wr} Cost I.sthtute Km the praxes broken damn int-- the oujor NO'hnit rN.1>s14unte I he b1,Kk plana Hill la prepini rian in nalum and - ill c imbIM the blank plan 1a7Yxdc Inr11w lunun+nal space] and Ihc• a„ignahie ;quare ladagcs as eslabl„I,ed in IIx pruglan 1MRg Jew nnlrnl I,Ikcw pla+5s will Ir Sohmitt tl few rcvierc h) all air the mapr stakr hnkhrie fu, —mcnls and —isians. ]Analrcriskn6 u,ll he ptckcrl up h:,. tie ,m C"in r--nnncnl, The immw%s will he Iinutcd In nue mminF "Me IbC Lcv slafl- tmmrhers Airy ,xldil,r.ea1 Inectlrlge Will IW bt11cn1,ll an ]lnafiy ha+n. Frr hyl*sai l he fw for the abow Suipe of W�rrk n•01 he x lump Sum of SILSIl0.an I'n+g,umnitnp P1MM': $ hcazrb,l,ty Anaiyeis Phar: 5 3,313p(1 Hcirrtbur,ablc I•.xpcn.es S . �,8fH1 f1ll Taal- S Iw,Rllfl.flh Ifill1pr „ t 'ur ,mndnrd hnnrh billing rate, for profr c.iwral xn ice+ the,n,gh 2010 dre oulLmwd hel--ac Scuiur 11r,nu pal S[35 00 pct hrrur I',lncrpal S € : s.ix] im hour Sl Lid in 11 trey is n S € f 5.1}11 lrr lu wt Architect Ill. 1111cri„r Ihxib„w, 111 S14?.D9ltr Ivau AmWco ll. Inlcnor hcaignet H 11500per #um, Architect 1. htlener Ucs,gner I SI 15 wl wr twur lksi}Her 111 $135.0 per how Desig,xr 11 S 1 15 0(1 per hM €ksigrlcr I S 1 M IIEI prr haver S,a ff A -i Owl, S 45.00 per hrx„ Adminlslraliw $ 95 qn per h,x,r I hu. - tate, ate applicable lex A,kinional Sen iecx ad-Ihr AMItileat. AdditicMi li Scrvius m,p--rcd nfou, eam,altants mill b, bilk,] A their Iwsie huurh rows tinw> a nwloplier of 12 for uwrSlnalum bN Ow Archuct. PG. 22 ` r ]�C'ry d Mitan �1 C aL ofMlwm ['Ilt tidll �,pacel liat•Ilit1 Nimis Anal}%i% %if. C1%Islophcr J. l arel hh+Int Ma} 5, 2" i'ayc I In wKr will lk +ulrlvi(ed lin-till) fol week c+xuplvwd No datr. l'a}"wot 1. dpc up'Al kc�opl of inwlcc. i'npnlrnl I lcxci.cvl -ilhln rhwN 1101 day, c+F tllc inwiCc dmwill tr:r+acsx-d a laic char gr "lwiwti%v 1" 11w rlatr of iuc al'¢ 11 admi n ialr ami unit n41UIMI till her 1, -up mf%%mal inn nit hn-nlc" wt11 hr hi tlyd al u%r .aandard lkm rly hilling ralcc lteimburrrlhle K pe'mL•s 9c1;vl olrat+lr r.vlxnu, art indrklyd In Ow lump um tic yuWtnl a1%+tit. fOplioaal Astllifigoal.tim�ices _ I lie lnticnN Ing wrvc'o arc A Ills d+unllint of the ON on as Add+tu%+al lwvvwc, bans I Ras idrrlg S.tr: Sivuha nwdw, n.dadiaye air¢ pianuinK, w+fit, rrwareh. tocnl v atcr regulal too m%lcc%, and zoo uµ impar[ siudw% .. DOClOpmenl of PH[Ul+unan 1:1+wr Plan%}i+r the pngxl.cd 3 w w 01 fAC line. i lutage Shxlits of the N11ldl119 rticrier Inducting c1N:aarir%r+. renckling+. And ,0 'F schemes. i l'ign111MMI .1610011p. 5 I.I.I:II arlalyms aad nr Lur-) scan card. 11't apl!Laiam ra .+&Mlt thil plulxnal if %.- tk N%l r yue+ltIM, la CL11—M, picau feel ALT to giLc +nc Il call pka'c:rltar b fhi. `fixhihit' A-1<<t}k C'Ify ui hl ilhxl +: nattarl a+a meam III do Bean rhe pn rnct3larx of the ,ityx ul unrl for the lxujat. F,ud rif Exhihit "A" A PG. 23 7 EXHIBIT "C" Key Personnel Benjamin K. Starks Rowland Davidson n PG. 24 EXHIBIT "D" / . PG. 25 EXHIBIT "E" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is 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 subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300- 10-01-.08 in the form attached hereto as Exhibit "I." Contractor 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 subcontractor(s) is retained to perform such service. PROS 1586 EEVPilot Program er Identification Number "Q - BY: Authorized Officer or Agt Date (Contractor Name) A J^oj President Title of Authorized Officer or Agent of Contractor Rowland Davidson Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE J QDAY OF 1200'T Notary Public My Commission Exppire Notary Public, Cobb'du y, orgia MX commkOon ExFil 05 4WO 10, 20W PG. 26 -r ? l:ly of 4fywn f.1'f STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verities its compliance with O.C.G.A. § 13-10-91, stating afi nnatively that the individual, firm or corporation which is engaged in the Physical performance of services under a contract with (name of contractor) on behalf ofthe City of Milton has registercd with and is Participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § I3-10-91. NIL511 E%F/"/ic lot Program User Identi.fication M-unber A Inc,Brized Officer or Agent Date (Subcontractor Name) Title of Authorized Officer or Agent of Subcontractor Printed Nanic ofAuthori7ed OfTccr or Agent SUBSCRIBED AND SWORN Bt R) MEONT STHE l r J Y OF 141.1 200 My Commission Ex�ires: NAA1cYCi.V kEy NOTARY11MC, RI1.TON COWN GEORGIA W COMMISSION 6fIRES � UY93Mff PG. 27 .... COSS COUNTY 60" - t-OCCUPA70NAL TAX CERTIFICAT 191 LAWRENCE ST. MARIETTA, GEORGIA 30060-:1692 (77 -8410 BUSINESS LOCATIONN _BLE CERTIFICATE NUMBER DATE ISSUE[? FAR .PQF3 Y ��n� 1. � � • ERTIFICr� s=x . ..,..; • A EXPIRES � ;If v — IL^� k. - CLASSIFI DE - : , : • . ... cATlow c L �. TYPE CERTIFICATE MUST: BE DISPLAYED: THIS CERTIFICATE IS NOT VALID IF OWNERSHIP OR BUSINESS LOCATION C HAIVC'iPS PROFESSIONALS & ATTORNEYS AT LAW ARE NOT REQUIRED TO DISPLAY BUSINESS DESCRIPTION 'CLASSIFICATION CODE CLASSIFICATION NAME '. %'X ) s E E B 0 2 2009 JAN 2 ; � UUSIN AMOUNT 3 2 1) 17 '0 .� � J i.� 4332 `' "' "' 4312 4314 4316 4318 SUB TOTAL $ PENALTY $ i l.i is INTEREST $ 'f ` TOTAL $ " .2 0 0y BUSINESS LICENSE DIVISION MANAGER AUTHORIZED INITIALS Form #0 017434 IMPORTANT NOTICE 1. Interest as provided by law will be imposed for failure to renew certificate prier to expiration date. 2. Please document to Cobb County Business License Office when business goes out of business. 3. Please provide written notification of any change in address or ownership change. A fee of $10 will be charged to reprint certificate. 4. Please contact the business license office if you have not received a renewal notice two weeks prior to expiration of certificate. 5. Interest can not be waived despite failure to receive renewal notice. Contact the business license office for fee information. ORDINANCE NO. _____ STATE OF GEORGIA FULTON COUNTY AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2009 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regular Council meeting on June _____, 2009 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2009 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 2009 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services. NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2009 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. ADOPTED AND APPROVED this ____ day of June, 2009. 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 (SEAL) First Reading ____________________ Second Reading __________________ City of Milton, Georgia Fiscal Year 2009 Summary of Departmental Budget Amendments #1 Fiscal Year 2009 Budget Amendment #1 2 The goal of the fiscal year 2009 budget amendment is to revise departmental budgets and interfund transfers based on activity-to-date and future projections. The intent of the amendment is to offset revenue shortfalls the City is experiencing as a result of the current economic environment. GENERAL FUND The General Fund is the principal operating fund of the government and is used to facilitate current year operations. General Fund revenues have unrestricted use. Expenditure requests are categorized into two categories: Salary/Benefits and Maintenance/Operating. Salary / benefits line items include salaries, overtime, vacation pay, retirement and other associated payroll expenditures. The maintenance/ operating category includes expenditures related to operational line items such as, supplies, professional fees, training, dues/fees, travel, utilities, communications, machinery & equipment, etc. GENERAL FUND SUMMARY: Revenue Appropriation Decrease (1,492,860) Expenditure Appropriation Decrease (1,492,860) Net Revenue/(Expenditure) Requests:- Revenue Amendments: Current economic conditions have had a detrimental effect on several of the revenue sources. Collection trends indicate a 6.5% decrease in initial projections. The table on page 3 shows the necessary amendments to the revenues. The most significant changes are explained below: • When the projections for the FY 2009 budget were compiled, the anticipated collection rate for 2009 property taxes was 93%. However, given the prior year collection rate of 89%, a decrease of approximately $1 million for Real and Personal Property Taxes (Current Year) is suggested. • A decrease of almost ($524,000) in Current Year Utility Taxes is necessary due to an error in the tax digest. Based on the Georgia Department of Revenue, last year’s digest for the utility property within Milton inadvertently included property located elsewhere within the County. The error was corrected on this year’s digest greatly reducing the amount of taxes owed to the City. • Since the collection rate for last year’s property taxes was expected to be higher than 89%, the FY 2009 Prior Year Property Tax was projected at a low rate. A combined increase of $435,000 is being suggested based on actuals in the Real and Personal Prior Year Property Tax line items. • The franchise fees collected from Georgia Power and Sawnee EMC this fiscal year were considerably higher than the two previous years. An increase of $300,000 is being suggested. • Local Option Sales Taxes are trending almost 13% lower than this time last year. A decrease of ($607,000) is recommended. • Currently, only 82% of Milton’s businesses have renewed their business licenses. Collection efforts are underway to encourage the remaining active businesses to renew; however, because of business closings and lower than anticipated license fees, a decrease of ($70,000) is suggested. Fiscal Year 2009 Budget Amendment #1 3 BUDGET ACTUALS AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET TAXES Current Yr Property Taxes-Real $ 8,700,000 $ - $ 8,700,000 $ (970,000) $ 7,730,000 Current Yr Property Taxes-Utility 576,277 52,364 523,913 (523,728)52,549 Prior Yr Property Taxes-Real 241,407 506,753 (265,346)408,593 650,000 Current Yr Prop Taxes-Personal 173,394 0 173,394 (33,394) 140,000 Motor Vehicle Tax 449,867 258,529 191,338 70,133 520,000 Intangible Tax 208,516 86,870 121,646 (38,516) 170,000 Prior Yr Prop Taxes-Personal 12,913 35,788 (22,875)27,087 40,000 Real Estate Transfer Tax 47,671 16,666 31,005 (17,671)30,000 Franchise Fees 1,400,000 964,486 435,514 300,000 1,700,00 Local Option Sales Tax 4,007,230 1,475,566 2,531,664 (607,230) 3,400,000 Alcohol Beverage Excise Tax 254,000 124,705 129,295 0 254,00 Business & Occupation Tax 650,000 555,749 94,251 (70,000) 580,000 Insurance Premium Tax 773,200 0 773,200 76,800 850,000 Financial Institution Tax 30,000 20,511 9,489 (7,000)23,000 Penalties & Interest-Real Prop 15,000 40,892 (25,892)27,000 42,000 Penalties & Interest-Pers Prop 3,000 859 2,141 (2,000)1,000 Penalties & Interest-Business Lic 4,000 1,898 2,102 0 4,00 LICENSES & PERMITS Alcohol Beverage Licenses 120,000 106,455 13,545 (9,000) 111,000 Advertising Fee 0 895 (895)895 89 Pouring Permit 6,650 3,445 3,205 0 6,650 Solicitation Permit 420 20 400 0 420 Zoning & Land Use Permits 30,000 3,716 26,284 (25,000)5,000 Application Fees 0 0 0 (20,000) (20,000) Land Disturbance 40,000 16,344 23,656 0 40,000 Modification 2,000 950 1,050 0 2,000 Variance 8,000 6,150 1,850 0 8,000 Seasonal & Special Events 0 120 (120)120 120 Sign Permits 6,000 5,951 49 1,000 7,00 Building Permits 100,000 39,731 60,269 (30,000)70,000 NPDES Fees 0 706 (706)706 70 CHARGES FOR SERVICES Finance Admin Fee 57,000 63,225 (6,225)13,000 70,000 Court Admin Fee 172,292 82,830 89,462 (25,000) 147,292 Maps & Cert Letters 2,000 475 1,525 (1,000)1,000 Plan Review Fees 20,000 36,629 (16,629)25,000 45,000 Open Records Fees 860 155 706 0 860 Development Bond Fee 1,200 350 850 0 1,200 Election Qualifying Fee 3,330 0 3,330 0 3,33 Accident Reports 6,354 3,457 2,898 0 6,354 Expungement Fees 300 250 50 0 30 Alarm Registration 0 5,375 (5,375)5,500 5,50 False Alarms 4,000 10,075 (6,075)10,000 14,000 Fire Plan Review 2,000 751 1,249 (600)1,400 Fire Inspection 600 293 308 0 600 Background Check Fees 1,500 6,170 (4,670)5,500 7,00 Bad Check Fees 120 210 (90)140 26 FINES & FORFEITURES Fines & Forfeitures 455,636 252,677 202,959 (55,636) 400,00 Ordinance Fines 2,000 2,243 (243)500 2,50 INVESTMENT INCOME Interest Revenue 24,000 6,200 17,800 (15,000)9,000 Tan Proceeds Interest 0 180 (180)180 180 Realized Gain/Loss on Investmt 30,000 11,168 18,832 (10,000)20,000 MISCELLANEOUS REVENUE Merchandise & Products 1,000 0 1,000 (1,000)0 Insurance Proceeds-Pub Sfty 0 2,321 (2,321)2,321 2,32 Insurance Proceeds-PW 0 1,440 (1,440)1,440 1,44 Other Misc Revenue 37,802 25,672 12,130 0 37,802 OTHER FINANCING SOURCES Operating Transfers In-Htl/Mtl Fd 15,000 0 15,000 (7,000)8,000 Budgeted Fund Balance 4,176,896 0 4,176,896 0 4,176,89 TOTAL REVENUES $ 22,873,436 $ 4,838,260 $ 18,035,176 $ (1,492,860) $ 21,380,576 FY 2009 REVENUE SOURCE 0 0 0 5 0 6 0 0 0 0 0 0 0 1 0 6 Fiscal Year 2009 Budget Amendment #1 4 Expenditure Amendments: The recommended expenditure amendments are presented on the following pages by department. GENERAL FUND EXPENDITURES SUMMARY DEPARTMENT BUDGET ACTUAL AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET Mayor & Council 401,299 155,714 245,585 (56,170) 345,129 City Clerk 698,319 445,905 252,414 (950) 697,369 City Manager 338,764 89,736 249,028 (104,630) 234,134 General Administration 2,414,872 1,555,553 859,319 (29,751) 2,385,121 IT 976,842 651,211 325,631 18,000 994,842 Municipal Court 537,180 343,667 193,513 (9,473) 527,707 Public Safety:- Administration 1,050,376 416,685 633,691 (151,556) 898,820 Police 1,836,308 870,428 965,880 (55,244) 1,781,064 Fire 3,599,424 1,993,392 1,606,032 94,882 3,694,306 EMS Operations 132,250 66,125 66,125 - 132,250 Public Works 2,942,600 1,285,186 1,657,414 (545,668) 2,396,932 Parks & Recreation 203,619 42,371 161,248 (20,000) 183,619 Community Development 1,816,752 1,129,208 687,544 (73,552) 1,743,200 Debt Service 742,995 742,984 11 - 742,995 Other Financing Sources/(Uses) 5,181,836 1,073,958 4,107,878 (558,748) 4,623,088 Total Expenditures 22,873,436 10,862,122 12,011,314 (1,492,860) 21,380,576 FY 2009 Fiscal Year 2009 Budget Amendment #1 5 MAYOR AND COUNCIL BUDGET ACTUALS AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET Salaries $ 157,375 $ 53,608 $ 103,767 $ (37,121) $ 120,254 Stipend: Thurman 2,720 0 2,720 0 2,72 Zahner Bailey 2,720 0 2,720 0 2,72 Lusk 2,720 0 2,720 0 2,72 Hewitt 2,720 0 2,720 0 2,72 D'Aversa 2,720 1,125 1,595 0 2,72 Tart 2,720 487 2,233 0 2,72 Lockwood 3,720 2,251 1,469 0 3,72 Group Insurance 7,286 0 7,286 (5,053)2,233 401A SS Match 5,902 2,010 3,892 (1,393)4,509 FICA Medicare 2,197 748 1,449 (518)1,679 401A 1% Match to 457B 564 0 564 (395)169 Pension 2,559 0 2,559 (2,006)55 Unemployment Insurance 1,840 916 924 0 1,840 Worker's Comp 1,150 1,024 126 1,150 2,30 Flexible Spending 300 0 300 0 300 Professional Fees 74,500 23,025 51,475 (12,500)62,000 Rental Land & Buildings 100,466 66,812 33,654 0 100,466 Communications 1,000 0 1,000 666 1,66 Advertising 600 75 525 0 60 Travel 13,465 317 13,148 0 13,465 Education & Training 8,155 1,100 7,055 0 8,15 General Supplies 500 1,013 (513)1,000 1,50 Food/Meals 700 282 418 0 70 Promotional 2,000 639 1,361 0 2,00 Non-recurring 700 283 417 0 70 TOTAL $ 401,299 $ 155,714 $ 245,585 $ (56,170) $ 345,129 BUDGET AMENDMENT NOTES Account Name 1. Worker's Comp To cover adjusted costs based on payroll audit 1,150 2. General Supplies Purchased poinsettias for City holiday decorations 1,000 Total Increase 2,150$ 3. Salary & Benefits Vacant Executive Aid position (46,486) 4. Professional Fees To reflect contract costs for ADA Coordinator (12,500) 5. Communications Vacant Executive Aid position 666 Total Decrease (58,320)$ TOTAL MAYOR & COUNCIL BUDGET AMENDMENTS (56,170)$ ACCOUNT DESCRIPTION FY 2009 Amendment Reason INCREASE DECREASE 0 0 0 0 0 0 0 3 0 6 0 5 0 0 0 0 Fiscal Year 2009 Budget Amendment #1 6 CITY CLERK BUDGET ACTUALS AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET Regular Employees $ 83,861 $ 44,512 $ 39,349 $ - $ 83,861 Group Insurance 7,920 4,871 3,049 0 7,92 401A SS Match 3,145 1,669 1,476 0 3,14 FICA Medicare 1,171 612 559 0 1,17 401A 1% Match 839 138 701 0 83 Pension 3,807 725 3,082 (1,065)2,742 Unemployment Insurance 230 223 7 0 23 Worker's Comp 115 131 (16)115 23 Flexible Spending 300 0 300 0 30 Professional Fees - Contracted 498,714 332,476 166,238 0 498,71 Rental Land & Buildings 30,140 20,044 10,096 0 30,140 Communications 700 667 33 0 70 Travel 2,000 1,116 884 0 2,00 Dues/Fees 250 72 178 0 25 Education/Training 1,500 641 859 0 1,50 Maintenance Contracts 1,300 0 1,300 0 1,30 General Supplies 600 348 253 0 60 Food/Meals 500 101 399 0 50 Other Equipment 61,227 37,560 23,667 0 61,227 TOTAL EXPENDITURES $ 698,319 $ 445,905 $ 252,414 $ (950) $ 697,369 BUDGET AMENDMENT NOTES Account Name 1. Worker's Comp To cover adjusted costs based on payroll audit 115 Total Increase 115$ 2. Pension To reflect actual pension costs (1,065) Total Decrease (1,065)$ TOTAL CITY CLERK BUDGET AMENDMENTS (950)$ ACCOUNT DESCRIPTION FY 2009 Amendment Reason INCREASE DECREASE 0 5 1 9 0 0 0 4 0 0 0 0 0 0 0 Fiscal Year 2009 Budget Amendment #1 7 CITY MANAGER BUDGET ACTUALS AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET Salaries and Wages $ 246,061 $ 64,418 $ 181,643 $ (82,043) $ 164,018 Car Allowance 7,200 1,108 6,092 (2,548)4,652 Group Insurance 17,032 1,342 15,690 (9,196)7,836 401A (SS match)9,227 2,457 6,770 (3,024)6,203 FICA Medicare 3,435 893 2,542 (1,152)2,283 401A 1% Match to 457B 2,461 125 2,336 (1,393)1,068 Pension 11,171 725 10,446 (7,361)3,810 Unemployment Insurance 460 445 15 215 675 Worker's Compensation 2,250 2,097 153 2,097 4,347 Flexible Spending 600 502 98 0 600 Temporary Housing 6,000 5,333 667 0 6,000 Rental Land & Buildings 10,047 6,681 3,366 0 10,047 Communications 2,400 231 2,169 0 2,40 Printing 0 31 (31)200 200 Travel 7,900 125 7,775 (2,000)5,900 Dues/Fees 7,520 2,350 5,170 325 7,84 Education/Training 2,500 711 1,789 0 2,50 General Supplies 0 162 (49)1,000 500 Natural Gas 2,500 0 2,500 0 2,50 Food/Meals 0 (113)500 Machinery 0 0 0 250 25 TOTAL EXPENDITURES $ 338,764 $ 89,736 $ 249,028 $ (104,630) $ 234,134 BUDGET AMENDMENT NOTES Account Name 1. Worker's Comp To cover adjusted costs based on payroll audit 2,097 2. Printing To cover the cost of printing business cards 200 3. Dues/Fees Add fees for GCCMA and GACP 325 4. General Supplies To cover projected costs for the remainder of the year 1,000 5. Machinery Cell phone for Assistant City Manager 250 Total Increase 3,872$ 6. Salary & Benefits Vacant Assistant City Manager position (106,502) 7. Travel Bring budget in line with projected costs (2,000) Total Decrease (108,502)$ TOTAL CITY MANAGER BUDGET AMENDMENTS (104,630)$ Amendment Reason INCREASE DECREASE ACCOUNT DESCRIPTION FY 2009 0 5 0 0 0 Fiscal Year 2009 Budget Amendment #1 8 GENERAL ADMINISTRATION BUDGET ACTUALS AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET Administrative Fees 44,350 38,184 6,166 8,000 52, Professional Fees 39,150 50,771 (11,621)15,389 54, Legal Fees 180,000 68,325 111,675 0 180, Professional Fees - Contracted 1,828,617 1,219,078 609,539 0 1,828,617 Rental Land & Buildings 55,256 36,747 18,509 0 55, Insurance: Umbrella Liability 50,000 0 50,000 (50,000)0 General Liability 34,608 28,650 5,958 0 34, Law Enforcement Liability 9,737 7,568 2,169 0 9, Public Officials Liabiltiy 70,609 55,602 15,007 0 70, Automobile Liability 26,592 20,940 5,652 0 26, Property & Equipment Liability 3,899 3,185 714 0 3, Automobile Physical Damage 10,839 8,549 2,290 0 10,839 Boiler & Machinery 708 579 129 0 Claims and Adjustments 15,000 8,107 6,893 0 15, Police Animal Mortality 1,260 994 266 0 1,260 Crime/Fidelity 1,837 1,449 388 0 1, Unallocated 15,000 0 15,000 0 15, Communications 10,500 4,867 5,633 0 10, Advertising 1,900 756 1,144 3,000 4, Printing 6,270 1,169 5,101 2,500 8, Travel 900 0 900 (900) Dues & Fees 590 0 590 (590)0 Education & Training 800 0 800 (800)0 General Supplies 0 32 (32)100 100 Furniture & Fixtures 6,200 0 6,200 (6,200)0 Machinery & Equipment 250 0 250 (250)0 TOTAL EXPENDITURES $ 2,414,872 $ 1,555,553 $ 859,319 $ (29,751) $ 2,385,121 BUDGET AMENDMENT NOTES Account Name 1. Administrative Fees 5,000 2. Administrative Fees Include a retirement cost study 3,000 3. Professional Fees Fees for completing FY 2007 audit 12,740 4. Professional Fees To cover various fees not budgeted 649 5. Professional Fees To cover the anticipated cost of tax bill mailing fees 2,000 6. Advertising Recruitment ads for open positions 3,000 7. Printing To cover the anticipated cost of tax bill mailing 2,500 8. General Supplies Ordered deposit slips 100 Total Increase 28,989 9. Umbrella Liability (50,000) 10. Travel, Dues & Fees, Education & Training (2,290) 11. Furniture & Fixtures (6,200) 12. Machinery & Equipment Transfer cost of cell phone to City Manager's department (250) Total Decrease (58,740)$ TOTAL GENERAL ADMIN BUDGET AMENDMENTS (29,751)$ ACCOUNT DESCRIPTION FY 2009 Amendment Reason INCREASE DECREASE Flexible spending administration costs higher than anticipated Excess liability insurance is included in the monthly payment to CH2M Hill Cut because this is included in the City Manager's department Filing cabinets and bookshelf orders placed on hold 350 539 000 256 608 737 609 592 899 708 000 837 000 500 900 770 0 Fiscal Year 2009 Budget Amendment #1 9 INFORMATION TECHNOLOGY BUDGET ACTUALS AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET Professional Fees $ - $ - $ - $ 18,000 $ 18,000 Professional Fees - Contracted 966,795 644,530 322,265 0 966,79 Rental Land & Buildings 10,047 6,681 3,366 0 10,047 TOTAL $ 976,842 $ 651,211 $ 325,631 $ 18,000 $ 994,842 BUDGET AMENDMENT NOTES Account Name 1. Professional Fees 18,000 Total Increase 18,000$ TOTAL INFO TECHNOLOGY BUDGET AMENDMENTS 18,000$ ACCOUNT DESCRIPTION FY 2009 Amendment Reason INCREASE The formula in the original budget document failed to pick up the budget request for the high speed data connection with Alpharetta's 911 center 5 Fiscal Year 2009 Budget Amendment #1 10 MUNICIPAL COURT BUDGET ACTUALS AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET Regular Employees $ 55,500 $ 37,981 $ 17,519 $ 1,279 $ 56,779 Stipend 4,800 2,400 2,400 0 4,80 Group Insurance 0 0 0 0 0 401A (SS match)1,886 1,424 462 243 2,129 FICA Medicare 702 3,025 (2,323)2,585 3,28 401A 1% Match 0 0 0 0 0 Pension 0 0 0 0 0 Unemployment Insurance 690 703 (13)460 1,150 Worker's Compensation 230 164 66 460 690 Flexible Spending 0 0 0 0 0 Professional Fees 31,250 6,172 25,078 (15,000)16,250 Professional Fees - Contracted 332,476 221,650 110,826 0 332,476 Rental Land & Buildings 100,466 66,812 33,654 0 100,466 Communications 5,080 2,372 2,708 0 5,08 Travel 2,000 177 1,823 0 2,00 Dues & Fees 600 0 600 0 600 Education & Training 500 0 500 0 500 General Supplies 0 128 (50)500 200 Food/Meals 300 300 (78)0 60 Uniforms 0 351 (351)500 50 Furniture & Fixtures 500 0 500 (500)0 Other Equipment 200 7 193 0 20 TOTAL $ 537,180 $ 343,667 $ 193,513 $ (9,473) $ 527,707 BUDGET AMENDMENT NOTES Account Name 1. Salary & Benefits 5,027 2. General Supplies Ordered deposit slips and badges 500 3. Uniforms Purchased uniforms for bailiffs 500 Total Increase 6,027$ 4. Professional Fees Transfer cost of bailiffs to Salaries & Benefits (15,000) 5. Furniture & Fixtures Do not need additional furniture (500) Total Decrease (15,500)$ TOTAL MUNICIPAL COURT BUDGET AMENDMENTS (9,473)$ Amendment Reason INCREASE DECREASE Include the expense for two bailiffs (initially budgeted in Professional Fees) ACCOUNT DESCRIPTION FY 2009 0 7 0 0 0 0 0 Fiscal Year 2009 Budget Amendment #1 11 PUBLIC SAFETY ADMINISTRATION BUDGET ACTUALS AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET Salaries $ 348,994 $ 161,145 $ 187,849 $ (36,309) $ 312,685 Salaries/Overtime 1,000 17 983 (500)50 Group Insurance 37,926 16,600 21,326 (10,000)27,926 401A SS Match 13,087 5,833 7,254 (1,572)11,515 FICA Medicare 4,872 2,155 2,717 (609)4,263 401A 1% Match 3,490 658 2,832 (1,413)2,077 Pension 15,844 2,175 13,669 (9,029)6,815 Unemployment Insurance 1,150 1,476 (326)326 1,476 Worker's Comp 5,500 7,127 (1,627)5,500 11,000 Flexible Spending 1,500 1,500 0 4,450 5,950 Relocation 0 2,500 (2,500)2,500 2,500 Professional Fees 52,285 11,191 41,094 (25,000)27,285 Equipment R & M 3,500 0 3,500 0 3,500 Vehicles R & M 75,000 30,881 44,119 0 75,000 Rental Land/Buildings 30,140 17,520 12,620 0 30,140 Rental Equip & Vehicles 1,000 0 1,000 0 1,000 Communications 8,232 2,092 6,140 0 8,232 Advertising 5,000 932 4,068 0 5,000 Printing 11,000 1,722 9,278 0 11,000 Travel 4,300 4,825 (525)1,500 5,800 Dues & Fees 790 545 245 0 79 Education & Training 3,150 318 2,832 (1,500)1,650 Maintenance Contract 140,725 86,988 54,559 0 140,725 General Supplies 7,800 3,241 4,559 0 7,800 Gasoline/Diesel 262,041 52,988 209,053 (80,000) 182,041 Food/Meals 1,750 432 1,318 0 1,750 Uniforms 2,500 33 2,468 0 2,500 Furniture & Fixtures 1,000 1,068 (68)100 1,100 Other Equip/Cell Phone Repl 500 207 293 0 500 Other Equipment/ Hardware 6,300 519 5,781 0 6,300 TOTAL EXPENDITURES $ 1,050,376 $ 416,685 $ 634,512 $ (151,556) $ 898,820 BUDGET AMENDMENT NOTES Account Name 1. Worker's Comp 5,500 2. Flexible Spending 4,450 3. Relocation Cost for relocating the Fire Chief 2,500 4. Travel 1,500 5. Furniture & Fixtures Ordered filing cabinets 100 Total Increase 14,050 6. Salaries & Benefits (59,106) 7. Professional Fees (25,000) 8. Education & Training (1,500) 9. Gasoline/Diesel Initially budgeted for $4/gallon (80,000) Total Decrease (165,606)$ TOTAL PUBLIC SFTY ADMIN BUDGET AMENDMENTS (151,556)$ ACCOUNT DESCRIPTION FY 2009 Amendment Reason INCREASE To cover adjusted costs based on payroll audit DECREASE Eliminated Public Safety Director position Cut City Hall Security Implementation Transfer funds to Travel to cover anticipated costs Transfer funds from Group Insurance for those employees that opt out of medical/dental insurance, but receive additional contribution to their flexible spending account Transfer funds from Education & Training to cover anticipated travel costs 0 0 Fiscal Year 2009 Budget Amendment #1 12 POLICE BUDGET ACTUALS AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET Salaries $ 1,144,451 $ 556,313 $ 588,138 $ (50,000) $ 1,094,451 Termination Liability 3,000 0 3,000 0 3,00 Overtime 60,000 23,973 36,027 (12,500)47,500 Holiday 56,057 41,824 14,233 12,500 68,557 Group Insurance 175,787 61,335 114,452 (45,000) 130,787 401A SS Match 42,917 23,374 19,543 0 42,917 FICA Medicare 13,564 8,454 5,110 2,400 15,964 401A 1% Match 11,179 3,936 7,243 (2,300)8,879 Pension 50,758 15,949 34,809 (16,000)34,758 Tuition Reimbursement 21,000 1,017 19,983 (12,000)9,000 Unemployment Insurance 7,130 5,587 1,543 1,200 8,33 Worker's Comp 38,600 44,791 (6,191)44,791 83,391 Flexible Spending 7,500 7,500 0 17,625 25,125 Professional Fees 8,733 2,860 5,873 0 8,73 Professional Fees-Investigations 3,800 0 3,800 0 3,80 Rental Land & Buildings 5,023 2,919 2,104 0 5,02 Communications 42,433 9,904 32,529 (12,960)29,473 Travel 7,000 493 6,507 0 7,00 Dues & Fees 1,150 135 1,015 0 1,150 Education & Training 12,200 11,345 855 2,000 14,200 Maintenance Contracts 33,546 5,040 28,506 0 33,546 General Supplies 25,240 2,754 22,486 (5,000)20,240 Uniforms 23,500 10,882 12,618 0 23,500 Furniture & Fixtures 600 600 0 0 600 Cell Phones 1,200 196 1,004 0 1,20 Weaponry 10,640 10,605 35 3,600 14,240 Motorola Radios 4,900 17,862 (12,962)20,000 24,900 Misc Equipment-Investigations 24,400 780 23,620 (3,600)20,800 TOTAL $ 1,836,308 $ 870,428 $ 965,880 $ (55,244) $ 1,781,064 BUDGET AMENDMENT NOTES Account Name 1. Worker's Comp 44,791 2. Flexible Spending 17,625 3. Education & Training To cover anticipated expenditures 2,000 4. Weaponry 3,600 5. Motorola Radios Additional radios needed 20,000 Total Increase 88,016 6. Salaries & Benefits (109,700) 7. Tuition Reimbursement (12,000) 8. Communications (12,960) 9. General Supplies Cut supplies costs for new employees (5,000) 10. Misc Equip-Investigations (3,600) Total Decrease (143,260)$ TOTAL POLICE BUDGET AMENDMENTS (55,244)$ ACCOUNT DESCRIPTION FY 2009 Amendment Reason INCREASE To cover adjusted costs based on payroll audit Transfer funds from Group Insurance for those employees that opt out of medical/dental insurance, but receive additional contribution to their flexible spending account Reallocate funds from radar units to Weaponry to cover the cost of the gun racks Purchased gun racks for vehicles DECREASE Vacant position on hold until next fiscal year Only a small number of employees have taken advantage of this benefit Cut GCIC budget since this is included in the 911 IGA with Alpharetta 0 0 3 0 3 0 0 Fiscal Year 2009 Budget Amendment #1 13 FIRE BUDGET ACTUALS AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET Salaries & Wages $ 2,140,546 $ 1,265,258 $ 875,288 $ 80,000 $ 2,220,546 Termination Liability 5,000 0 5,000 0 5,000 Overtime 75,000 20,652 54,348 0 75,000 Holiday 99,416 77,323 22,093 3,500 102,916 Group Insurance 331,014 157,024 173,990 0 331,014 401A SS Match 80,270 51,122 29,148 10,000 90,270 FICA Medicare 29,882 15,820 14,062 700 30,582 401A 1% Match 21,405 6,425 14,980 (4,351)17,054 Pension 95,681 33,347 62,334 (27,576)68,105 Tuition Reimbursement 25,000 1,750 23,250 (15,000)10,000 Unemployment Insurance 13,111 12,069 1,042 0 13,111 Worker's Comp 53,000 57,524 (4,524)57,524 110,524 Flexible Spending 14,100 15,500 (1,400)28,400 42,500 Professional Fees 42,000 11,110 30,890 0 42,000 Equipment Repair & Maint 48,415 3,608 44,807 0 48,415 Facilities Repair & Maint 12,000 5,601 6,399 0 12,000 Grounds Repair & Maint 5,700 0 5,700 0 5,700 Rental Land & Buildings 225,296 175,634 49,662 0 225,296 Rental Equip & Vehicles 650 543 107 0 650 Communications 21,200 12,520 8,680 1,500 22,700 Travel 5,000 308 4,692 0 5,000 Dues & Fees 4,375 150 4,225 0 4,375 Education & Training 10,450 4,751 5,699 0 10,450 Maintenance Contracts 3,850 1,611 2,239 (800)3,050 General Supplies-Suppression 25,000 13,506 11,494 0 25,000 General Supplies-Prevention 6,360 0 6,360 0 6,360 Water/Sewage 4,500 3,051 1,449 0 4,500 Natural Gas 20,394 12,568 7,826 0 20,394 Electricity 19,113 13,823 5,290 0 19,113 Food/Meals 1,000 40 960 0 1,000 Telecommunications 2,771 900 1,871 0 2,771 Uniforms 97,660 17,367 80,293 0 97,660 Furniture & Fixtures-Prevention 2,000 2,000 0 0 2,000 Computer/Software 19,015 0 19,015 (19,015)0 Computer/Hardware-Prevention 2,500 0 2,500 0 2,500 Other Equipment 36,000 0 36,000 (20,000)16,000 Other Equipment-Cell Phones 750 485 265 0 750 TOTAL $ 3,599,424 $ 1,993,392 $ 1,606,032 $ 94,882 $ 3,694,306 BUDGET AMENDMENT NOTES Account Name 1. Salaries & Benefits 62,273 2. Worker's Comp 57,524 3. Flexible Spending 28,400 4. Communications To cover anticipated cell phone/wireless card costs 1,500 Total Increase 149,697 5. Tuition Reimbursement (15,000) 6. Maintenance Contracts (800) 7. Computer/Software (19,015) 8. Other Equipment (20,000) Total Decrease (54,815)$ TOTAL FIRE BUDGET AMENDMENTS 94,882$ ACCOUNT DESCRIPTION FY 2009 Amendment Reason INCREAS E To cover the costs of two positions left out of original budget in error Transfer funds from Group Insurance for those employees that opt out of medical/dental insurance, but receive additional contribution to their flexible spending account To cover adjusted costs based on payroll audit Reallocated the budget for the advanced life support system to Capital Projects Fund DECREASE Only a small number of employees have taken advantage of this benefit Cut maintenance on air & light system - not needed due to IGA with Alpharetta Cost for Firehouse software was budgeted in Capital Projects Fund Fiscal Year 2009 Budget Amendment #1 14 PUBLIC WORKS BUDGET ACTUALS AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET Professional Fees $ 138,000 $ 46,186 $ 91,814 $ (57,168) $ 80,832 Professional Fees - Contracted 2,324,768 1,057,739 1,267,029 (395,000) 1,929,768 Equipment R&M 49,448 0 49,448 (8,200)41,248 Grounds R & M 0 0 0 0 0 Pothole R&M 85,000 0 85,000 (85,000)0 Rental Land & Buildings 28,884 16,790 12,094 0 28,884 Other Purchased Service 0 0 0 0 0 Printing 8,500 0 8,500 (8,500) Contract Labor/Maint Contracts 0 0 0 0 0 General Supplies 2,000 216 1,784 0 2,00 Electricity 300,000 155,322 144,678 0 300,00 Machinery & Equipment 6,000 8,934 (2,934)8,200 14,200 TOTAL EXPENDITURES $ 2,942,600 $ 1,285,186 $ 1,657,414 $ (545,668) $ 2,396,932 BUDGET AMENDMENT NOTES Account Name 1. Machinery & Equipment 8,200 2. Professional Fees 24,050 3. Professional Fees 23,782 Total Increase 56,032 4. Pothole Repairs (85,000) 5. Professional Fees Speed zoning requests were perfomed in-house (25,000) 6. Professional Fees-Contracted Additional snow and ice control not needed (50,000) 7. Equipment Repairs & Maint Reallocate funds to Machinery & Equipment to cover the c 0 0 0 o (8,200) Transfer the following appropriations for the NPDES project to the Capital Projects Fund: 8. Professional Fees (40,000) 9. Professional Fees (40,000) 10. Professional Fees- Contracted (245,000) 11. Professional Fees- Contracted (100,000) 12. Printing NPDES education and outreach pamphlet (3,500) 13. Printing Streamside cleanup and storm drain markers (4,000) 14. Printing Annual report to EPD (1,000) Total Decrease (601,700)$ TOTAL PUBLIC WORKS BUDGET AMENDMENTS (545,668)$ ACCOUNT DESCRIPTION Amendment Reason INCREASE Funds transferred from Equipment Repairs & Maintenance to cover the cost of portable radar signs FY 2009 Reallocated funds from the Crabapple Study line item in the Capital Projects Fund to cover the cost of the Solid Waste Management Plan Participated in the transportation study being performed by ARC Included in CH2M Hill contract costs DECREASE Outfall screening and water quality Flood plain mapping Inventory and inspection of storm water assets, including some cleaning Program Management Fiscal Year 2009 Budget Amendment #1 15 PARKS AND RECREATION BUDGET ACTUALS AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET Professional Fees $ 77,000 $ 3,159 $ 77,000 $ (32,000) $ 45,000 Professional Fees - Contracted 71,863 17,909 53,954 0 71,863 Facility R & M 0 7,931 (7,931)12,000 12,000 Grounds R&M 30,000 0 30,000 0 30,000 Rental Land & Buildings 1,256 835 421 0 1,256 Water Sewage 3,200 553 2,647 0 3,200 Natural Gas 1,900 1,044 856 0 1,900 Electricity 18,400 10,940 7,460 0 18,400 TOTAL $ 203,619 $ 42,371 $ 164,407 $ (20,000) $ 183,619 BUDGET AMENDMENT NOTES Account Name 1. Facility Repairs & Maint 12,000 Total Increase 12,000 2. Professional Fees (32,000) Total Decrease (32,000)$ TOTAL PARKS & REC BUDGET AMENDMENTS (20,000)$ FY 2009 ACCOUNT DESCRIPTION DECREASE Eliminated the budget for the installation of a well at Bell Memorial Park Amendment Reason INCREASE To cover potential costs of maintaining facilities Fiscal Year 2009 Budget Amendment #1 16 COMMUNITY DEVELOPMENT BUDGET ACTUALS AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET Professional Fees $ 105,000 $ - $ 105,000 $ (58,000) $ 47,000 Professional Fees - Contracted 1,611,726 1,074,484 537,242 0 1,611,726 Rental Land & Buildings 70,326 46,769 23,557 0 70,326 Dues/Fees 1,000 0 1,000 0 1,00 Education/Training 3,000 0 3,000 0 3,00 General Supplies 300 1,587 (1,287)2,000 2,300 Food/Meals 400 0 400 0 40 Furniture/Fixtures 25,000 4,809 20,191 (20,000)5,00 NPDES Equipment 0 1,559 (1,559)2,448 2,448 TOTAL EXPENDITURES $ 1,816,752 $ 1,129,208 $ 687,544 $ (73,552) $ 1,743,200 BUDGET AMENDMENT NOTES Account Name 1. General Supplies 2,000 2. NPDES Equipment 2,448 Total Increase 4,448 3. Professional Fees (15,000) 4. Professional Fees (8,000) 5. Professional Fees (15,000) 6. Professional Fees Eliminated budget for Highway 9 LCI application (20,000) 7. Furniture/Fixtures Cut the remaining budget for filing cabinets and shelves (20,000) Total Decrease (78,000)$ TOTAL COMMUNITY DEV. BUDGET AMENDMENTS (73,552)$ ACCOUNT DESCRIPTION FY 2009 Amendment Reason INCREASE Additional funding needed for various supplies for committees Offset revenue received for NPDES fees that are required to be expended for particular NPDES related items DECREASE Historic preservation ordinance performed in-house Tree preservation ordinance performed in-house Bring budget for Highway 9 design guidelines in line with expected costs 0 0 0 0 Fiscal Year 2009 Budget Amendment #1 17 OTHER FINANCING USES BUDGET ACTUALS AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET Unallocated $ 791,145 $ - $ 791,145 $ (607,411) $ 183,734 Op Transfer Out to Cap Proj Fd 4,001,896 1,000,473 3,001,423 186,243 4,188,139 Op Transfer Out to Cap Grant Fd 293,940 73,485 220,455 (73,278) 220,662 Op Transfer Out to Op Grant Fd 21,010 0 21,010 9,543 30,553 Op Transfer Out to Conf Asts Fd 73,845 0 73,845 (73,845)0 TOTAL $ 5,181,836 $ 1,073,958 $ 4,107,878 $ (558,748) $ 4,623,088 BUDGET AMENDMENT NOTES Account Name 1.Op Transfer Out to Cap Proj Fd 186,243 2.Op Transfer Out to Op Grant Fd 9,543 Total Increase 195,786 3. Unallocated (607,411) 4. Op Transfer Out to Cap Grant Fd (73,278) 5.Op Transfer Out to Conf Asts Fd (73,845) Total Decrease (754,534)$ TOTAL OFU BUDGET AMENDMENTS (558,748)$ See notes for Capital Grant Fund See notes for Confiscated Assets Fund ACCOUNT DESCRIPTION FY 2009 Amendment Reason INCREASE See notes for Capital Projects Fund See notes for Operating Grant Fund DECREASE The reserves were fully funded in FY 2008 Fiscal Year 2009 Budget Amendment #1 18 SPECIAL EVENTS FUND This fund accounts for the expense of the hotel/motel excise taxes mentioned above. It is also used to track the outflow related to the donations collected for the various special events the City currently has. SPECIAL EVENTS FUND BUDGET ACTUALS AS OF 5/08/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET REVENUES: Interest Revenue -$ -$ -$ -$ -$ Donations 0 0 0 0 0 Op Transfer In-Hotel/Motel Tax Fd 40,000 19,386 20,614 0 40,000 TOTAL REVENUES 40,000$ 19,386$ 20,614$ -$ 40,000$ BUDGET ACTUALS AS OF 4/27/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET EXPENDITURES: Professional Fees $ 10,500 $ 2,383 $ 8,117 $ - $ 10,500 Rental Equip & Vehicle 6,500 2,435 4,065 0 6,500 Advertising 5,100 719 4,381 (2,000)3,100 Printing 4,700 4,803 (103)2,000 6,70 General Supplies 6,000 3,125 2,875 0 6,00 Food/Meals 4,200 337 3,863 0 4,20 Machinery & Equip 3,000 0 3,000 0 3,000 TOTAL EXPENDITURES $ 40,000 $ 13,802 $ 26,198 $ - $ 40,000 BUDGET AMENDMENT NOTES Account Name 1. Printing 2,000 Total Increase 2,000 2. Advertising (2,000) Total Decrease (2,000)$ TOTAL SPECIAL EVENTS FD BUDGET AMENDMENTS -$ ACCOUNT DESCRIPTION FY 2009 FY 2009 ACCOUNT DESCRIPTION DECREASE Transfer fund to Printing Amendment Reason INCREASE Reallocated funds from Advertising to cover printing costs for Christmas in Crabapple event 0 0 0 Fiscal Year 2009 Budget Amendment #1 19 CONFISCATED ASSETS FUND This fund was created to account for the expenditures and revenues from the activities of a narcotics detective. Due to budget constraints, it has been decided to put the hiring of this detective on hold. CONFISCATED ASSETS FUND BUDGET ACTUAL AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET REVENUES: Op Transfers In from General Fund 73,845$ 73,845$ (73,845)$ -$ TOTAL REVENUES 73,845$ -$ 73,845$ (73,845)$ -$ BUDGET ACTUAL AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET EXPENDITURES: Salaries $ 43,803 $ 43,803 $ (43,803) $ - Holiday 2,527 2,527 (2,527)0 Group Insurance 7,004 7,004 (7,004)0 401A SS Match 1,643 1,643 (1,643)0 FICA Medicare 611 611 (611)0 401A 1% Match 438 438 (438)0 Pension 1,989 1,989 (1,989)0 Tuition Reimbursement 0 0 0 0 Unemployment Insurance 230 230 (230)0 Worker's Comp 1,400 1,400 (1,400)0 Flexible Spending 300 300 (300)0 Professional Fees 0 0 0 0 Communications 3,500 3,500 (3,500)0 Travel 500 500 (500)0 Dues & Fees 0 0 0 0 Education & Training 500 500 (500)0 General Supplies 500 500 (500)0 Uniforms 500 500 (500)0 Vehicles 8,400 8,400 (8,400)0 TOTAL EXPENDITURES $ 73,845 $ - $ 73,845 $ (73,845) $ - ACCOUNT DESCRIPTION FY 2009 FY 2009 ACCOUNT DESCRIPTION Fiscal Year 2009 Budget Amendment #1 20 EMERGENCY 911 FUND The wireless 911 fees collected from wireless communication providers are required to be spent solely on the operations of a 911 center. To account for the collections and expenditures associated with these fees, the Emergency 911 Fund was created. EMERGENCY 911 FUND BUDGET ACTUAL AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET REVENUES: Wireless 911 Fees 570,000$ 355,983$ 214,017$ 570,000$ TOTAL REVENUES 570,000$ 355,983$ 214,017$ -$ 570,000$ BUDGET ACTUAL AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET EXPENDITURES: Communications -$ 11,579$ (11,579)$ 24,000$ 24,000$ Maintenance Contract (IGA Alph)530,000 393,675 136,325 530,000 Unallocated 40,000 0 40,000 (24,000)16,000 TOTAL EXPENDITURES $ 570,000 $ 405,254 $ 164,746 $ - $ 570,000 BUDGET AMENDMENT NOTES Transfer funds from Unallocated account to cover the monthly cost of high speed data connection with Alpharetta TOTAL EMERGENCY 911 FD BUDGET AMENDMENTS -$ FY 2009 FY 2009 ACCOUNT DESCRIPTION ACCOUNT DESCRIPTION Fiscal Year 2009 Budget Amendment #1 21 OPERATING GRANT FUND The Operating Grant Fund is used to account for certain budgeted items that receive funding from individual grants and that aren’t classified as “capital”. These funds are appropriated on an annual basis. Currently, there is only one grant-funded item: the Department of Homeland Security’s Staffing for Adequate Fire and Emergency Response (SAFER) grant. This is a reimbursement type grant where requests are submitted quarterly for the salaries and benefits of three firefighters. This program started June 21, 2008. A budget amendment is requested to decrease the expected revenues and expenditures based on the grant specs. OPERATING GRANT FUND BUDGET ACTUAL AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET REVENUES: SAFER Grant 147,047$ 24,535$ 122,512$ (41,259)$ 105,788$ Op Transfer In from General Fd 21,010 0 21,010 14,439 35,449 TOTAL REVENUES 168,057$ 24,535$ 143,522$ (26,820)$ 141,237$ BUDGET ACTUAL AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET EXPENDITURES: Public Safety: Salaries & Wages $ 168,057 $ 168,057 $ (26,820) $ 141,237 TOTAL EXPENDITURES $ 168,057 $ - $ 168,057 $ (26,820) $ 141,237 BUDGET AMENDMENT NOTES $ (26,820) TOTAL OP GRANT FUND BUDGET AMENDMENTS (26,820)$ Adjust budget to accurately account for revenues and expenditures pertaining to SAFER grant FY 2009 ACCOUNT DESCRIPTION FY 2009 ACCOUNT DESCRIPTION Fiscal Year 2009 Budget Amendment #1 22 HOTEL/MOTEL TAX FUND The Hotel/Motel Tax Fund is used to account for the excise tax revenues collected from any hotel or motel located within the City limits. The taxes are required to be spent on tourism-related programs or events (i.e., Christmas in Crabapple, Milton Roundup, City newsletter, etc.) The current trending pattern reveals a decline in this revenue source, therefore, an adjustment of ($7,000) is being recommended. HOTEL/MOTEL TAX FUND BUDGET ACTUAL AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET REVENUES: Hotel/Motel Taxes 55,000$ 55,000$ (7,000)$ 48,000$ Interest Earned TOTAL REVENUES 55,000$ -$ 55,000$ (7,000)$ 48,000$ BUDGET ACTUAL AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET EXPENDITURES: Op Transfer Out to General Fd 15,000$ 15,000$ (7,000)$ 8,000$ Op Transfer Out to Special Ev Fd 40,000 23,559 16,441 40,000 TOTAL EXPENDITURES $ 55,000 $ 23,559 $ 31,441 $ (7,000) $ 48,000 BUDGET AMENDMENT NOTES Decrease budget due to downward trend in hotel/motel tax collections (7,000)$ TOTAL HTL/MTL TAX FUND BUDGET AMENDMENTS (7,000)$ ACCOUNT DESCRIPTION FY 2009 FY 2009 ACCOUNT DESCRIPTION Fiscal Year 2009 Budget Amendment #1 23 Capital Projects Fund The Capital Projects Fund is used to track revenues and expenditures associated with capital construction, acquisition and maintenance. Appropriations in Capital Projects Fund are on a project-length basis and do not expire until the project is complete. According to the City’s budgetary policies, a major capital project generally is defined as an expenditure that has an expected useful life of more than 3 years with an estimated total cost of $50,000 or more, or an improvement/addition to an existing capital asset. The amendments to this fund are explained below and is followed by the budget spreadsheet on the next page: BUDGET AMENDMENT NOTES REVENUES 1. Increase Tree Recompense to match collections 12,800 2. Decrease Interest Revenue due to current trends (3,000) 3. Adjusted Operating Transfers in from the General Fund for: -Transfer NPDES project to Capital Projects Fund 433,500 -Transfer appropriations for Advanced Life Support Equip from General Fund 50,000 -Decrease due to various projects being eliminated (259,927) -Used prior year's fund balance (40,330) -Additional funds needed from General Fund to offset shortfall of Interest Revenues 3,000 4. Increased Budgeted Fund Balance to used prior year's fund balance 40,330 236,373 EXPENDITURES Account Name 1. City Hall Assessment 12,800 2. Advanced Life Support Equip 50,000 3. Pavement Management Combining the resurfacing accounts into one line 1,965,000 4. NPDES Permit Compliance Moved this project from the General Fund 433,500 5. Tree Recompense Increased expenditure to match revenue received to-date 12,800 Total Increase 2,474,100 6. Council Chamber Improvements (100,000) 7. Chambers Audio/Visual Upgrade Cut project (80,000) 8. Fire Record Mgmt Software Decreased to reflect actual expenditures (2,727) 9. Air & Light Cascade System (90,000) 10. Resurface & Patch Artials/Collectors Transferred to Pavement Management (965,000) 11. Resurface Local Roads Transferred to Pavement Management (1,000,000) Total Decrease (2,237,727)$ TOTAL CAPITAL PROJ FD BUDGET AMENDMENTS 236,373$ Transferred $20,000 from General Fund and increased up to $50,000 to cover anticipated costs Cut project Total Amendment to Revenues Not needed since the City has access to two of these system through IGA with Alpharetta Amendment Reason INCREASE Contracted with external vendor to assess the needs and requirements for a permanent city hall DECREASE Fiscal Year 2009 Budget Amendment #1 24 CAPITAL PROJECTS FUND BUDGET ACTUAL AS OF 4/27/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET REVENUES: Infrastructure Maintenance Fee $ 60,000 $ 22,739 $ 37,261 $ - $ 60,000 Sidewalk Replacement 70,558 0 70,558 0 70,558 Tree Recompense 0 12,800 (12,800)12,800 12,8 Landfill Use Fees 190,000 88,730 101,270 0 190,000 Interest Revenue 5,000 0 5,000 (3,000)2,000 Op Transfer In from General Fd 4,001,896 1,000,473 3,001,423 186,243 4,188,139 Budgeted Fund Balance 1,808,286 0 1,808,286 40,330 1,848,616 TOTAL REVENUES $ 6,135,740 $ 1,124,742 $ 5,010,998 $ 236,373 $ 6,372,113 BUDGET ACTUAL AS OF 4/27/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET EXPENDITURES: City Council: Council Chambers Improvements $ 100,000 $ - $ 100,000 $ (100,000) $ - Chambers Audio/Visual Upgrade 80,000 0 80,000 (80,000)0 City Hall Assessment 0 0 0 12,800 12,800 Public Safety:0 0 0 0 0 Fire Station Improvements 40,929 17,200 23,729 0 40,929 New Vehicles 42,220 25,308 16,912 0 42,2 Vehicle Reserve 55,966 0 55,966 0 55,966 Police Record Mgmt Software 200,000 183,023 16,977 0 200,000 Furniture & Fixtures 10,540 2,590 7,950 0 10,540 Fire Record Mgmt Software 63,302 60,575 2,727 (2,727)60,575 Air & Light Cascade System 90,000 0 90,000 (90,000)0 Advanced Life Support Equip 0 0 0 50,000 50,000 Public Works:0 0 0 0 0 Crabapple Study 70,000 21,783 48,217 0 70,0 Construction Inspectors 75,000 0 75,000 0 75,000 Gravel Roads Maintenance 376,000 198,645 177,355 0 376,0 Stormwater Maintenance 223,953 0 223,953 0 223,953 Pavement Management 0 549,964 (549,964)1,965,000 1,965,000 Traffic Calming 70,000 14,404 55,596 0 70,0 Bridge Repairs-Landrum Rd 320,000 31,558 288,442 0 320,000 Resurface & Patch Artials/Collectors 965,000 0 965,000 (965,000)0 Resurface Local Roads 1,000,000 0 1,000,000 (1,000,000)0 Re-Striping 120,000 48,485 71,515 0 120,0 Edge of Pavement Program 50,000 0 50,000 0 50,000 Bridge Replacement Program 50,000 0 50,000 0 50,000 Sidewalks 100,000 0 100,000 0 100,0 NPDES Permit Compliance 0 0 0 433,500 433,500 Parks & Recreation:0 0 0 0 0 Stormwater Mgmt at Park 15,000 0 15,000 0 15,000 Park Improvements 298,699 504 298,195 0 298,699 Milton Trails 200,000 0 200,000 0 200,000 Land Acquisition & Park Enhancement 1,208,234 0 1,208,234 0 1,208,2 Community Development:0 0 0 0 0 Comprehensive Plan 160,897 0 160,897 0 160,897 Arnold Mill Corridor Study 150,000 0 150,000 0 150,000 Tree Recompense 0 0 0 12,800 12,800 TOTAL EXPENDITURES 6,135,740$ 1,154,040$ 4,981,700$ 236,373$ 6,372,113$ FY 2009 ACCOUNT DESCRIPTION ACCOUNT DESCRIPTION FY 2009 00 20 00 00 00 00 00 34 Fiscal Year 2009 Budget Amendment #1 25 CAPITAL GRANT FUND The Capital Grant Fund is considered to be a capital project fund that accounts for capital grants used to finance major capital projects. CAPITAL GRANT FUND BUDGET ACTUAL AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET REVENUES: Transportation Master Plan 400,000 11,952 388,048 (40,000) 360,000 GDOT HPP Funds 560,000 560,000 560,000 AED Units 00 Bathroom Renovation 17,500 (17,500)17,500 17,500 Interest Revenue 0 0 0 0 Realized Gain on Investments Firemans Fund Grant 0 0 Op Transfer In from General Fd 293,940 73,485 220,455 (73,278) 220,662 Budgeted Fund Balance 649,300 0 649,300 45,778 695,078 TOTAL REVENUES 1,903,240$ 102,937$ 1,800,303$ (50,000)$ 1,853,240$ BUDGET ACTUAL AS OF 5/8/09 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL BUDGET EXPENDITURES: Public Safety: AED Units 0 0 0 Public Works: Transportation Master Plan 500,000 92,872 407,128 (50,000) 450,000 Birmingham & Providence 809,490 809,490 809,490 Arnold Mill @ New Providence 593,750 593,750 593,750 Parks & Recreation: Bathroom Renovation 0 0 0 TOTAL EXPENDITURES $ 1,903,240 $ 92,872 $ 1,810,368 $ (50,000) $ 1,853,240 BUDGET AMENDMENT NOTES REVENUES (40,000) 2. Increase the grant funds for the Bathroom Renovation received this fiscal year 17,500 3. Adjusted Operating Transfers in from the General Fund for: -Lower than anticipated costs for the transportation master plan (10,000) -Used prior year's fund balance (45,778) -Offset the receipt of the grant funds for the bathroom renovation (17,500) 4. Increased Budgeted Fund Balance to used prior year's fund balance 45,778 (50,000) EXPENDITURES Account Name 5. Transportation Master Plan (50,000) Total Decrease (50,000)$ TOTAL CAPITAL GRANT FD BUDGET AMENDMENTS (50,000)$ 1. Decrease the reimbursement amount scheduled to receive for the Transportation Master Plan based on contract costs FY 2009 ACCOUNT DESCRIPTION FY 2009 ACCOUNT DESCRIPTION Total Amendment to Revenues Amendment Reason DECREAS E Project contract amounts to $449k City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Manager Date: Submitted on May 26, 2009 for June 15, 2009 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to N & L Restoration, LLC d/b/a Cans Taqueria…Tequila Bar 12635 Crabapple Rd Ste. 320 City Manager’s Office Recommendation: Approve the issuance of an Alcohol Beverage License to N &L Restoration d/b/a Cans Taqueria…Tequila Bar for consumption on the premises of wine, malt beverage and distilled spirits. 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: N & L Restoration LLC. d/b/a Cans Taqueria…Tequila Bar Owner(s) Name: Larry Stepp Business Address: 12635 Crabapple Rd Ste. 320 Type of License to be Issued: Consumption on Premises – Wine/Malt Beverage/Distilled Spirits Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Alice Wakefield, Director of Community Development City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Manager Date: Submitted on May 26, 2009 for June 15, 2009 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Gray Doster, LLC d/b/a ‘cue 13700 Highway 9 Ste. 300 City Manager’s Office Recommendation: Approve the issuance of an Alcohol Beverage License to Gray Doster, LLC d/b/a ‘cue 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: Gray Doster, LLC d/b/a ‘cue Owner(s) Name: Paul J. Doster Business Address: 13700 Highway 9 Ste. 300 Type of License to be Issued: Consumption on Premises – Wine/Malt Beverage Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Alice Wakefield, Director of Community Development City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Honorable Mayor and City Council Members From: Alice Wakefield, Community Development Director Date: June 3, 2009, for Submission onto the June 15, 2009, City Council Meeting Agenda Item: U09-01/VC09-01 – Use Permit for a Landscape Business and 3 part concurrent variance for 13120 Arnold Mill Road – The Landscape Group, Inc. CMO (City Manager’s Office) Recommendation: It is the City Manager’s recommendation is to recommend a deferral, unless a revised site plan is submitted to the Community Development Department prior to the Mayor and City Council Meeting. Background: At the April 27, 2009 Mayor and City Council Meeting, U09-01/VC09-01 was deferred until the May 18, 2009 meeting based on unresolved issues regarding the location of the existing well and above ground storage tank in relation to the septic tank and lines. It has been determined by Staff that the Fulton County Public Works Department does not serve this property as the water line stops at Ranchette Road south of this property. Discussion: Since the April 27, 2009 Council meeting Staff has been informed by the Fulton County Health Department that no permitted plans for the septic tank/field and well on the subject site was found. The Health Department states that the applicant should hire a septic contractor to determine the size of the tank. Staff has provided the Health Department with the maximum occupancy load for the 800 square foot office. Based on this number, it will be determined what size tank will be required. Also, the applicant is hiring a contractor to determine the size of the tank so that a determination will be made what improvements will be required for the septic system. The applicant has stated that the well tank can be relocated into the existing warehouse building. The applicant is continuing to work on a revised site plan based on input from the Mayor and City Council at the April 27, 2009 meeting and information resulting from the septic contractor and the Health Department. This item was deferred again at the May 18, 2009 Mayor and City Council Meeting based on the lack of information from the Fulton County Health Department. Staff has received information since that time from the County. This information was given also to the applicant so that they could provide a revised site plan to be reviewed at the June 15, 2009 City Council meeting. As of the date of this memo, the applicant has not submitted a revised site plan to the Community Development Department. Therefore, Staff recommends that unless a revised site plan is submitted shortly, this item be deferred. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Alternatives: The Mayor and City Council may choose to hear this request or defer it to a future date. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney Prepared by the Community Development Department for the Planning Commission on June 15, 2009 6/4/2009 Page 1 of 15 U09-02/VC09-02 PETITION NUMBER(S): U09-02 VC09-02 PROPERTY INFORMATION ADDRESS 15150 Birmingham Highway DISTRICT, LAND LOT 2/2, 821 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 ACRES 3.926 EXISTING USE Landscaping Business PROPOSED USE Use Permit for Landscaping Business (Article 19.4.27) OWNER Robb Nestor ADDRESS 15150 Birmingham Highway Milton, Georgia 30004 INTENT To obtain a use permit for a landscaping business on 3.926 acres at a density of 387.92 square feet per acre (Article 19.4.27). Applicant is also requesting a 3 part concurrent variance 1) to allow access from Taylor Road, a local street (Article 19.4.27.B.1), 2) to allow the existing structures, gravel drive and septic system to encroach into the 50-foot undisturbed buffer and 10-foot improvement setback along the south property line as shown on the site plan (Article 12H.3.1.C.1 and 3) to allow the existing structures along the south property line as shown on the site plan to remain within the 50-foot setback adjoining the AG-1 District (Article 19.4.27.B.3.). Parts 2 and 3 of the concurrent variance were added after the original submission and public hearings at the Planning Commission and Mayor and City Council. This item has been re-advertised and posted per the requirements of the Zoning Ordinance. After further discussion with the applicant, it was determined that a new survey is needed to locate the existing buildings that were built after the date of the current survey. It will be on the June 23, 2009 Planning Commission Meeting and scheduled to be back to the July 20, 2009 City Council Meeting. Prepared by the Community Development Department for the Planning Commission on June 15, 2009 6/4/2009 Page 2 of 15 U09-02/VC09-02 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U09-02 -- APPROVAL CONDITIONAL VC09-02 -- APPROVAL CONDITIONAL CITY OF MILTON PLANNING COMMISSION RECOMMENDATION - MARCH 24, 2009 U09-02 -- APPROVAL CONDITIONAL VC09-02 -- APPROVAL CONDITIONAL The Planning Commission strongly urged the applicant to fix the privacy fence along Taylor Road to match with the older fence and extend it down to the ground. MAYOR AND CITY COUNCIL MEETING – APRIL 27, 2009 U09-02 – DEFERRAL TO ALLOW ADDITIONAL CONCURRENT VARIANCES VC09-02 – DEFERRAL TO ALLOW ADDITIONAL CONCURRENT VARIANCES COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – MAY 26, 2009 U09-02 – DEFERRAL TO ALLOW APPLICANT TO SUBMIT REVISED SURVEY VC09-02 – DEFERRAL TO ALLOW APPLICANT TO SUBMIT REVISED SURVEY CITY OF MILTON PLANNING COMMISSION RECOMMENDATION – MAY 26, 2009 U09-02 – DEFERRAL TO ALLOW APPLICANT TO SUBMIT REVISED SURVEY TO THE JUNE 23, 2009 PLANNING COMMISSION MEETING VC09-02 – DEFERRAL TO ALLOW APPLICANT TO SUBMIT REVISED SURVEY TO THE JUNE 23, 2009 PLANNING COMMISSION MEETING Prepared by the Community Development Department for the Planning Commission on June 15, 2009 6/4/2009 Page 3 of 15 U09-02/VC09-02 LOCATION MAP Prepared by the Community Development Department for the Planning Commission on June 15, 2009 6/4/2009 Page 4 of 15 U09-02/VC09-02 ZONING MAP Prepared by the Community Development Department for the Planning Commission on June 15, 2009 6/4/2009 Page 5 of 15 U09-02/VC09-02 SITE PLAN – January 26, 2009 Prepared by the Community Development Department for the Planning Commission on June 15, 2009 6/4/2009 Page 6 of 15 U09-02/VC09-02 NORTHWEST VIEW OF SITE PROPOSED TAYLOR ROAD ENTRANCE Prepared by the Community Development Department for the Planning Commission on June 15, 2009 6/4/2009 Page 7 of 15 U09-02/VC09-02 EASTERN SIDE OF PROPERTY NORTHERN SIDE OF PROPERTY AT TAYLOR ROAD Prepared by the Community Development Department for the Planning Commission on June 15, 2009 6/4/2009 Page 8 of 15 U09-02/VC09-02 SOUTHERN SIDE OF SUBJECT SITE SUBJECT SITE: The subject site is a 3.926 acre tract of agriculturally zoned land located at the southwest corner of the Birmingham Highway and Taylor Road intersection. The subject site is developed with a 780 sq. ft. house built in 1951, a 500 sq. ft. barn built in 1995, and a 243 sq. ft. greenhouse built in 1995. It is located within the Agricultural, Forestry and Mining Land Use designation on the Focus Fulton 2025 Comprehensive Land Use Plan. Prepared by the Community Development Department for the Planning Commission on June 15, 2009 6/4/2009 Page 9 of 15 U09-02/VC09-02 SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on January 26, 2009, Staff offers the following considerations: Northwest Fulton Overlay District BUILDING SETBACKS Article 5.1.3.C of the Milton Zoning Ordinance requires a minimum front yard of 60 feet along Birmingham Highway and Taylor Road. A minimum side yard of 25 feet is required along the south property line. Staff notes that triangular lots do not have a rear yard. It appears that the applicant has met these requirements. Article 12H.3.5 Section C.2 of the Northwest Overlay District requires a maximum 30-feet building setback from the edge of the required landscape strip and/or easements for all properties and lots located adjacent to public rights-of-way and from 0 to 400 feet from an intersection. In Staff’s opinion, it appears that the applicant has met this requirement. There are no additional structures proposed on the site. Article 19.4.27.B.3 of the Milton Zoning Ordinance, Use Permit Standards requires all use areas/structures other than parking and pedestrian walkways shall be located at least 50 feet from any adjoining residential district or AG-1 (Agricultural) district. There are existing buildings and a driveway that encroaches into a portion of the required 50 foot setback. Staff BUILDING HEIGHT Article 12H.3.5 Section D.1 of the Northwest Fulton Overlay District requires a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. It appears that the applicant meets this requirement. LANDSCAPE STRIPS AND BUFFERS Article 12H.3.1 Section A.1 states that all properties shall provide a minimum 10 foot-wide landscape strip along all public streets. It appears that the applicant meets this requirement. Furthermore, Article 12H.3.1 Section C.1 of the Northwest Overlay District requires a fifty (50) foot-wide undisturbed buffer and a 10’ improvement setback which shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. Staff notes that the applicant is exempt from this requirement due to existing conditions. Prepared by the Community Development Department for the Planning Commission on June 15, 2009 6/4/2009 Page 10 of 15 U09-02/VC09-02 SCREENING AND FENCING An opaque fence/gate is located along Taylor Road. This fence is permitted pursuant to Article 12H.3.2.A which allows opaque fences for loading areas. The Design Review Board recommended additional plantings along this area but the Public Works Department required the applicant to clear the vegetation along this fence to allow for safe sight distance along Taylor Road. The applicant is willing to finish the newer portion of the fence to the ground. PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed use: Proposed Use Minimum Requirement Spaces Provided • Warehouse (243 sq. ft. + 500 sq. ft.) Total 743 sq. ft. • 1 space per 2,000 sq. ft. of building area (3 spaces) 1 space required • 120’ x 30’ pad Staff notes that the applicant is providing a 120’ x 30’ parking pad, which meets the required one (1) space required per Article 18 of the City of Milton Zoning Ordinance. It also appears that the site plan is in compliance with the landscape and layout requirements of Article 12H(2).4. Section B.6. ARBORIST The applicant has no plans to remove any trees on the subject site. Overall, the site is heavily vegetated with small caliper hardwoods and pines. Where the plantings are sparse, additional plantings will be required to meet the buffer standards. There are two specimen trees on the southeast portion of the site: 1- 28” Oak 1- 37” Oak They both are in healthy condition and will not be affected by the project. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use, the Mayor and City Council shall consider each of the following as outlined in Prepared by the Community Development Department for the Planning Commission on June 15, 2009 6/4/2009 Page 11 of 15 U09-02/VC09-02 Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: A. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Provided the applicant complies with the Recommended Conditions of this petition and the Use Permit requirements of Article 19.4.27 of the Zoning Ordinance, the proposed development is consistent with the intent and following policies of the Comprehensive Plan: • Encourage development consistent with the surrounding scale, transition of densities and uses, and Comprehensive Plan policies, where appropriate. • Encourage compatible institutional uses in neighborhoods and communities. B. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; If developed in accordance with Staff’s Recommended Conditions and the provisions of the Zoning Ordinance, the proposed landscape business may be compatible with other land uses in the surrounding area. Staff notes that on August 17, 2007, Milton City Council approved a use permit for a landscaping business at 15386 Birmingham Highway (U07-01). Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area West 1 (AG-1) Agricultural Undeveloped 1 u/a North 2 (AG-1) Agricultural Single-family homes 1 u/a East 3 (AG-1) Agricultural Single-family homes 1 u/a South 4 (AG-1) Agricultural Single-family homes 1 u/a Southwest 5 (AG-1) Agricultural Undeveloped 1 u/a Prepared by the Community Development Department for the Planning Commission on June 15, 2009 6/4/2009 Page 12 of 15 U09-02/VC09-02 C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use does not violate any known local, state and/or federal statutes, ordinances or regulations governing land development. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; Prepared by the Community Development Department for the Planning Commission on June 15, 2009 6/4/2009 Page 13 of 15 U09-02/VC09-02 The proposed use will not generate a significant increase in traffic, but the Public Works Staff recommends that only one entrance be utilized at Taylor Road. Staff notes that the applicant has requested a concurrent variance to allow access to the property from Taylor Road, a local street. Staff is in support of this variance due to safety concerns and the high volume of traffic on Birmingham Highway. Therefore, Staff recommends APPROVAL CONDITIONAL of VC09-02. E. The location and number of off-street parking spaces; Article 18.2.1 requires the applicant to provide 1 parking space per 2,000 square feet of warehouse space. Article 19.4.10 requires the applicant to locate parking outside of the minimum 60-foot front yard building setback. The applicant’s site plan indicates a parking area which is 120’ by 30’. It appears that the applicant has met the requirements set out by Article 18.2.1 and is located outside the 60-foot front yard building setback. F. The amount and location of open space; The applicant’s site plan indicates that approximately three-fourths of the site is undeveloped. It appears that the applicant has sufficient open space on the property. G. Protective screening; If developed in accordance with the requirements of the Zoning Ordinance and the Northwest Fulton Overlay Zone, the buffer and landscape strip requirements and the existing screening around the structures will provide adequate screening for the business. Staff notes that the property is heavily planted along all property lines. H. Hours and manner of operation; The applicant states that the hours of operation range from 7:00-9am to 6- 6:30pm depending on the season. This business has 6-8 employees. The applicant states that this location is merely a holding place for plants, materials, and two trucks used for jobs. I. Streetscape lighting; At the time of the issuance of a City of Milton Business License, the site shall be in compliance with Article 12H.3.4 of the Northwest Fulton Overlay District regarding outdoor lighting. Staff notes that the subject site’s required buffers, and existing screening, will help mitigate the impact of any possible lights on the adjacent properties. Staff notes that the applicant does not have any plans for additional lighting on the property. Prepared by the Community Development Department for the Planning Commission on June 15, 2009 6/4/2009 Page 14 of 15 U09-02/VC09-02 J. Ingress and egress to the property. The applicant’s site plan indicates one curb cut on Birmingham Highway and one curb cut on Taylor Road. If the concurrent variance is granted, Staff recommends that landscape business vehicles only access the site through the Taylor Road entrance. This will be reflected in the recommended conditions. PUBLIC INVOLVEMENT On February 25, 2009 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There was no one at the meeting. Public Comments – Staff has received no phone calls or e-mails regarding this request. City of Milton Design Review Board Meeting – March 3, 2009 ƒ Replace wooden privacy fence with 4 board horse fence and gate, ƒ Screen fence with a mix of evergreens, ƒ No additional curb cuts along Birmingham Highway, ƒ No expansion of current use (no additional clearing), ƒ Business should not be open to the public, ƒ No signage. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant will be required to submit the public participation report 7 business days prior to the Planning Commission meeting and an update 7 business days prior to the Mayor and City Council meeting. CONCLUSION Staff finds that the proposed landscape business may be compatible with surrounding uses if developed with the attached conditions. Staff is in support of the requested concurrent variance to allow access to a local street due to safety and the high volume of traffic on Birmingham Highway. Therefore, Staff recommends APPROVAL CONDITIONAL of U09-02 and APROVAL CONDITIONAL OF VC09-02. Prepared by the Community Development Department for the Planning Commission on June 15, 2009 6/4/2009 Page 15 of 15 U09-02/VC09-02 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved USE PERMIT for a landscape business (Article 19.4.27.) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Landscape business within the existing house, warehouse, and greenhouse at a density of 387.92 square feet per acre or 1523 square feet, whichever is less. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Milton Community Development Department on January 8, 2009. 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 City of Milton Business Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) The business shall not provide retail services. 3) To the owner’s agreement to the following site development considerations: a) Not to expand the existing business and/or clearing of site. b) No signs permitted except for temporary standard informational signs permitted in the AG-1 (Agricultural) district. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Provide only one entrance each on Birmingham Hwy and Taylor Road. b) Birmingham Highway entrance may not be used by landscape business vehicles and trucks. c) To allow access from Taylor Road. (VC09-01) City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Honorable Mayor and City Council Members From: Alice Wakefield, Community Development Director Date: June 2, 2009, for Submission onto the June 15, 2009, City Council Meeting Agenda Item: Text Amendments to Article 22, “Appeals” (RZ09-02) and Article 33, “Signs” (RZ09-03) of the City of Milton Zoning Ordinance. CMO (City Manager’s Office) Recommendation: To approve RZ09-02 and RZ09-03 in regards to variance considerations for signs in both the Appeals and Sign portions of the Zoning Ordinance. Background: At the January 21, 2009 Mayor and City Council Meeting, a text amendment to Article 22, “Variances” was approved. One change was the variance consideration when evaluating sign variances. Once this amendment was approved, the sign variance consideration in Article 33, Signs was inconsistent. These amendments correct this inconsistency as well as implementing recommendations of the Planning Commission within the sign considerations. Discussion: At the Planning Commission meeting on March 24, 2009, the Planning Commission requested to concurrently hear Article 22, Appeals with Article 33 based on recommendations that would apply to both Articles. The Planning Commission recommended deleting the first “only” and inserting “only” after may. The Planning Commission recommended deleting “minimum” and not replacing it. Staff’s recommendation is to delete “minimum” and replace it with “maximum” to provide clarity. Alternatives: The Mayor and City Council may choose to approve, deny or defer this text amendment to Article 22, Appeals and Article 33, Signs. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney MILTON ZONING ORDINANCE RZ09-02 – Text Amendment to Article 22 Mayor and City Council Meeting – June 15, 2009 1 ADOPTED BY THE CITY OF MILTON CITY COUNCIL DECEMBER 21, 2006 AMENDED JANUARY 21, 2009 ARTICLE XXII APPEALS 22.3.1. VARIANCE CONSIDERATIONS. A Variance must be based upon credible evidence submitted at a public hearing before the Board of Zoning Appeals demonstrating compliance with paragraphs A-D. A. Relief, if granted would not offend the spirit or intent of the Ordinance; and B. There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of the Ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant; and C. Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and D. That the public safety, health and welfare are secured, and that substantial justice is done. 22.3.1.1 SIGN VARIANCE CONSIDERATION. Relief only to the Sign Ordinance may only be granted where existing foliage or structures bring about a hardship whereby a sign meeting minimum maximum letter size, square footage and height requirements cannot be read from an adjoining public road. Comment [rhm1]: Staff recommended to replace minimum with maximum. Staff’s opinion is that this will make the standard clear to applicants. PC recommended that neither minimum or maximum be used. ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 AMENDED ON APRIL 19, 2007 AMENDED ON SEPTEMBER 6, 2007 AMENDED ON APRIL 27, 2009 CITY OF MILTON ZONING ORDINANCE 1 RZ09-03 – Text Amendment to Article 33 Mayor and City Council –June 15, 2009 ARTICLE XXXIII Signs Section 11: Variance. A. Limitations The Board of Zoning Appeals shall be allowed to grant variances to this Article B. Timing The Board of Zoning Appeals shall hear and decide upon a variance within eighty (80) days of the submission of a complete and accurate application. C. Procedure Except as modified by this Article, the procedures for requesting a variance from the standards of this Article shall be the same procedures as that for seeking a variance from the City’s ordinances regulating zoning. D. Standards Relief only to the Sign Ordinance may only be granted where existing foliage or structures bring about a hardship whereby a sign meeting minimum maximum letter size, square footage and height requirements cannot be read from an adjoining public road. Comment [rhm1]: Staff recommended to replace minimum with maximum. Staff’s opinion is that this will make the standard clear to applicants. PC recommended that neither minimum or maximum be used. RESOLUTION NO. ______ STATE OF GEORGIA COUNTY OF FULTON A RESOLUTION ESTABLISHING THE CITY OF MILTON COMMUNITY IDENTIFICATION SIGN PROGRAM BE IT RESOLVED by the City Council of the City of Milton, Georgia, while in regular session on the ____ day of _________, 2009 at 6:00 PM, as follows: WHEREAS, the City of Milton incorporated December 1, 2006, is committed to maintain a unique quality of life while efficiently delivering essential services to residents and businesses in an interactive community environment; and WHEREAS, the City of Milton seeks to strengthen its sense of uniqueness without compromising the rural, pastoral, and equestrian nature of the City; and WHEREAS, the City of Milton maintains exclusive authority to install, maintain, and remove all signs in the city right-of-way, in a manner consistent with all federal, state, and local laws; and WHEREAS, the City of Milton recognizes that the use of community identification signs as a means of communication may promote economic development of established or unique areas of the City of Milton without compromising the rural, pastoral, and equestrian nature of the City; and WHEREAS, the City of Milton seeks to provide guidance as to when and where the installation of community identification signs would be appropriate; and WHEREAS, the City of Milton seeks to ensure that community identification signs do not create visual clutter, create a traffic or pedestrian safety hazard, or detract from a city-wide sense of community unity; NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID COUNCIL. By passage of this resolution, the City of Milton establishes the City of Milton Community Identification Sign Program as follows: DEFINITIONS 1. “Community Identification Sign(s)” – Banner(s) displayed on City-owned light poles, in the City right-of-way designed to acknowledge distinct and unique commercial areas in the City of Milton. 2. “Established or unique areas” – Crabapple Crossroads (as defined in the City of Milton Overlay); Birmingham Crossroads (as defined in the City of Milton Overlay); and the Highway 9 Commercial Corridor. PERMITTED USES 3. Community Identification Signs shall be used to identify and promote established or unique areas of the City of Milton. 4. Community Identification Signs shall be used to beautify established or unique areas and reflect community recognition and pride, as well as local activities and events. 5. Community Identification Signs shall only be permitted within the City right-of-way and the City of Milton shall erect them pursuant to the City’s sign ordinance. 6. The City of Milton shall retain ownership of all Community Identification Signs. 7. Business organizations, or other private groups, may request the City to consider the placement of a Community Identification Sign based on a promise to donate funding necessary to fabricate, install, and maintain the sign, and contingent on approval of the proposed Community Identification Sign by the Mayor and City Council. 8. Community Identification Signs may be installed at any entry, crossroads, or other focal point of a community or business area. Community Identification Signs shall be allowed only on arterial and major collector streets as defined by the City of Milton Comprehensive Plan. 9. Community Identification Signs shall: a. Not create traffic, pedestrian, or other safety hazards; b. Comply with all State traffic guidelines and statutes; c. To the extent possible, be integrated with traffic calming devices and the existing streetscape; and d. Be compatible with the areas in which they are being proposed, in terms of the size, type, massing, proportions, and location. 10. All Community Identification Signs and supporting structures shall be securely installed and maintained in a good state of repair. APPLICATION AND REVIEW PROCESS 11. All Applications for a Community Identification Sign must be proposed by a substantial number of persons or a group, such as a business association or local chamber of commerce, which is willing to fund the fabrication, installation, and maintenance of the signs. 12. All Applications must be made in writing on a form prepared by the City of Milton Community Development Department, and must include: a. The Application Form; b. A written plan detailing the proposed Community Identification Sign locations; c. A sketch of the proposed Community Identification Sign, to scale, showing the square foot are per sign and proposed color scheme; d. A site plan, to scale, including boundaries and the areas where the proposed Community Identification Sign will be placed; e. The name, address, telephone number, and other contact information of the sign contractor; and f. The proposed budget for the fabrication, installation, and maintenance of the proposed Community Identification Sign. 13. All Applications shall undergo a comprehensive review by the City of Milton Departments of Community Development, Building Plan Review, and Public Works as well as the City of Milton Design Review Board. The City of Milton shall review all Applications for size, scale, mass, context, potential impact on traffic operations, and public safety, as well as any other criteria deemed appropriate. The City of Milton will conduct at least one public hearing on the Application before a recommendation is made to the Mayor and City Council. 14. The City of Milton Design Review Board will review the Application and issue a final recommendation to the Mayor and City Council. The Mayor and City Council will then approve or deny the Application. REMOVAL OF SIGNS AND OTHER PROVISIONS 15. Community Identification Signs may be removed by or on behalf of the City of Milton for reasons of blight, poor maintenance, public safety and welfare, or any other reason deemed appropriate by the Mayor and City Council. 16. Removal shall only occur after the surrounding community has been notified of the pending removal and given an opportunity for input, unless the Community Development Director or Public Works Director determines that the presence of the Community Identification Sign creates a safety hazard. 17. The Mayor and the City Council reserve the right to remove any Community Identification Sign without cause. 18. The Director of Public Works, the Director of Community Development, the Design Review Board, the Mayor, and the City Council each may impose appropriate conditions on proposed Community Identification Signs, as required to reduce visual cluster or visual blight, and to maximize pedestrian and vehicular traffic. 19. All criteria set forth in this resolution represents the minimum standards for the Community Identification Sign Program. Duly adopted this ____ day of _________, 2009. MILTON CITY COUNCIL ____________________________________ Joe Lockwood, Mayor ____________________________________ Karen Thurman, Councilmember ____________________________________ Julie Zahner Bailey, Councilmember ____________________________________ William C. Lusk, Councilmember ____________________________________ Burt Hewitt, Councilmember ____________________________________ Tina D’Aversa, Councilmember ____________________________________ Alan Tart, Councilmember Attest: ______________________________ Jeanette R. Marchiafava, City Clerk City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Principal Engineer Date: June 1, 2009 for the June 15, 2009 City Council meeting Agenda Item: Revision to contract for additional services relating to NPDES permit compliance for 2009 Background: The City of Milton operates a Municipal Separate Storm Sewer System (MS4) under a permit issued through the National Pollution Discharge Elimination System (NPDES) program. This permit allows the city to discharge stormwater into waters of the State of Georgia provided the program meets specific operating goals and standards. The permit sets forth specific standards that must be met each calendar year in order to maintain compliance with the permit and the standards of Section 404 of the Federal Clean Water Act. In addition, the city is required to comply with stormwater requirements established by the Metropolitan North Georgia Water District (MNGWD). Discussion: In January 2008, the City of Milton was issued a Phase II Municipal Separate Storm Sewer System (MS4) National Pollution Discharge Elimination System (NPDES) permit to discharge stormwater into waters of the State of Georgia. As such, the City must meet specific program operating goals and standards. Specific goals must be met in six key areas: public education and outreach, public involvement/participation, illicit discharge detection and elimination, construction site stormwater runoff control, post-construction stormwater management and pollution prevention/good housekeeping for municipal operations. In addition to these specific NPDES permit requirements, the City is also required to meet the requirements of the Metropolitan North Georgia Water Planning District (MNGWPD), which include industrial inspections, completion of the MS4 inventory, floodplain mapping, and Total Maximum Daily Load (TMDL) plan implementation. The increase in the contract amount is for the additional services required to implement and administer the City’s requirements for their Municipal Separate Storm Sewer System to maintain compliance with NPDES permit GA610000 and the MNGWD requirements. In accordance with the attached scope of services the following tasks will be provided: 1. Public education and outreach 2. Public involvement and participation 3. Illicit discharge detection and elimination 4. MS4 inventory 5. Post-construction stormwater management 6. Scheduled MS4 operation and maintenance 7. Pollution prevention 8. MNGWD requirements 9. Future flood plain mapping City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 Attachments: Revision to contract for additional services for 2009 NPDES permit and MNGWD stormwater requirements. Scope of Services 1000 Abernathy Road NE, Suite 1425 Atlanta, GA 30328 Attn: Kurt Knapp/Sr. Procurement Manager Phone: 678/512.3100 Fax: 678/512-3399 Request for Additional Services Revision to Contract Revision Number 349867 Revision Dated 06/01/2009 Project Number 349867.03 Page 1 of 10 City of Milton 13000 Deerfield Pkwy, Suite 107D Milton, GA Duluth, GA 30004 Contact: City Manager Tel: 678/242-2500 Compensation 1. Amount of this Revision $392,200 Lump Sum/Fixed Price (See Note) Contract: City Operations Services 2009 Stormwater Nonpoint Source Pollution Program The following revisions are hereby made to the Contract identified by the date above: City of Milton hereby increases the contract amount for services related to the 2009 Stormwater Nonpoint Source Pollution Program in support of NDPES Permit Number GA610000 in accordance with the attached Scope of Work dated May 18, 2009. Note: CH2M HILL to invoice City of Milton a total of $392,200 over four (4) months: September 1, 2009 $98,050; October 1, 2009 $98,050; November 1, 2009 $98,050; December 1, 2009 $98,050. Schedule: Services through December 2009 (Lump Sum/Fixed Price of $392,200). All other terms and conditions of the Contract remain unchanged. City of Milton City of Milton Signed By Signed By Name and Title City Manager Name and Title Finance Director CH2M HILL, Inc. CH2M HILL, Inc. Signed By Signed By Name and Title Project Delivery Director Name and Title Pat Crook Program Director 2 2009 Stormwater Nonpoint Source Pollution Program in support of NPDES Permit No. GA610000, City of Milton, Georgia May 18, 2009 Purpose This scope is to perform the tasks necessary for the City of Milton to be to be in compliance the City’s National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Separate Storm Sewer System (MS4) Permit. This Scope of Services is for services through December 31, 2009. The work covers tasks that must be completed to satisfy 2009 permit requirements. This effort is divided into ten primary tasks: 1. Public Education and Outreach 2. Public Involvement/ Participation 3. Illicit Discharge and Detection and Elimination 4. MS4 Inventory 5. Post-Construction Stormwater Management 6. Scheduled MS4 Operation and Maintenance 7. Pollution Prevention/ Good Housekeeping 8. Metropolitan North Georgia Water Planning District Requirements 9. Floodplain Study 10. Project Management Background In January 2008, the City of Milton was issued a Phase II Municipal Separate Storm Sewer System (MS4) National Pollution Discharge Elimination System (NPDES) permit to discharge stormwater into waters of the State of Georgia. As such, the City must meet specific program operating goals and standards. Specific goals must be met in six key areas: public education and outreach, public involvement/participation, illicit discharge detection and elimination, construction site stormwater runoff control, post-construction stormwater management and pollution prevention/good housekeeping for municipal operations. In addition to these specific NPDES permit requirements, the City is also required to meet the requirements of the Metropolitan North Georgia Water Planning District (MNGWPD), which include industrial inspections, completion of the MS4 inventory, floodplain mapping, and Total Maximum Daily Load (TMDL) plan implementation. A stormwater conveyance system consists of connected structures that collect stormwater at one or more locations and discharge it at a single outfall, typically to a stream or drainage channel. The system’s structures include pipes, manholes, catch basins, culverts, and open channels. As part of the NPDES Phase II MS4 Permit, the City must develop and implement an extensive nonpoint source pollution program described above. Discharges of untreated and unmitigated stormwater to the separate storm sewer system contribute to increased nonpoint source pollution and degradation of receiving waters. Nonpoint source pollution is increased from spills, dumping and improper connections to the storm sewer system from residential, industrial, commercial or institutional establishments. The impacts of nonpoint source pollution and stormwater runoff adversely affect public health and safety, drinking water supplies, recreation, fish and other aquatic life, property values and other uses of lands and waters. 3 Project Scope The City of Milton will provide the following services and materials in support of this scope of work. 1. Printing of 250 pamphlets described in Task 1. (Estimated cost $500) 2. Printing of 100 pamphlets for distribution in Task 3. (Estimate cost $1000) 3. Contract with outside consultant for visual inspection and evaluation of retrofit alternatives for water quality of the eight NRCS dams. (Estimate $20,000) 4. Contract with third party for stream monitoring in City. (Estimate $5,000) CH2M Hill will complete the following tasks which are described below: 1. Public Education and Outreach 2. Public Involvement/ Participation 3. Illicit Discharge Detection and Elimination 4. MS4 Inventory 5. Post-Construction Stormwater Management 6. Scheduled MS4 Operation and Maintenance 7. Pollution Prevention/ Good Housekeeping 8. Metropolitan North Georgia Water Planning District Requirements 9. Floodplain Mapping 10. Project Management Documents CH2M Hill will be familiar with include: 1. Georgia Notice of Intent General (GANOI) NPDES Permit No. GA610000 for Small Municipal Separate Storm Sewer Systems (MS4) approved by Georgia Environmental Protection Division for the City of Milton 2. Procedures approved by Georgia Environmental Protection Division (EPD) on April 10, 2008 titled: a. BMP B-1 Storm drain Marker Procedure b. BMP B-2 Streamside Cleanup Procedure c. BMP C-2 Dry Weather Screening Procedure d. BMP E-3 BMP Maintenance & Inspection Procedure e. BMP F-1 MS4 Operation and Maintenance Procedure f. BMP F-2 Pollution Prevention Training Procedure g. BMP F-3 Street Cleaning Procedure h. BMP F-4 Stormwater Waste Disposal Procedure i. BMP F-5 Water Quality Assessment Procedure 3. Georgia Environmental Protection Division Audit Checklist for Local Governments in the Metropolitan North Georgia Water Planning District prepared for the City of Milton September 14, 2007 and approved by EPD. All deliverables identified as a procedure or a report will be provided to the City in electronic Microsoft format with two paper copies. This additional scope of services is to address Stormwater services for the period of May 1, 2009 through December 31, 2009. To continue the on-going Stormwater services for period of January 2010 forward, CH2M HILL will provide the City of Milton, at the request of the City, an additional scope of services and price. 4 TASK 1—Public Education and Outreach Public education is an important part of a stormwater management program. CH2M Hill will provide education efforts that include creating, causing the pamphlet to be printed, and distributing a pamphlet about stormwater pollution prevention. Newspaper and web page articles will also be used to inform the public about stormwater issues. CH2M Hill is responsible for drafting information to be used in articles and posting them on the City’s web page. An annual report to the Georgia Environmental Protection Division is required in December of 2009 and will be prepared as part of this task by the CH2M Hill. Task 1 Deliverables/ Actions include: A. Design stormwater pollution prevention pamphlets in 2009 (The City is expected to pay for printing of 250 pamphlets). B. Distribute 250 pamphlets in 2009. C. Draft and submit content of 2 articles on related stormwater topics in 2009 for publication in the Milton Herald. D. Provide content for 2 articles/ads to update Stormwater items on City’s web page in 2009 and posting this material on the City’s web page. E. Collect and distribute information to builders association in 2009. Meet with the builders’ association representatives once in 2009. F. Document pamphlets, articles and webpage updates to include as part of annual report to Georgia EPD for 2009. G. Prepare and submit annual report to Georgia Environmental Protection Division on NPDES Phase II Permit status for activities in 2009 due to Georgia EDP by January 31, 2010. TASK 2—Public Involvement/ Participation CH2M Hill will manage a storm drain marker program that will involve coordinating volunteers such as Boy Scouts, students and church groups to place identification markers on storm drains. These markers will be attached to storm drains and will notify the reader that stormwater drains to streams. CH2M Hill’s program will be developed with activities expected to continue in future years with future funding. The program will use commercially available storm drain markers to reflect the City of Milton. The City purchased 370 storm drain markers in 2008 and will need to purchase an additional 100 storm drain markers in 2009. CH2M Hill will coordinate placement of 100 markers in 2009. This specific program was selected because it allows citizens to see the storm sewer system up close and gain a better understanding of the nature of stormwater pollution. Participation in this program is expected to be publicized through the City’s web page and newspaper articles as a part of Task 1 using content provided by CH2M Hill. Streamside cleanup provides an opportunity for public involvement while cleaning up the area along the side of a stream in 2009. CH2M Hill will partner with active environmental groups. CH2M Hill will provide trash disposal services. Disposal of bio/medical or other hazardous materials is not included in this program. Task 2 Deliverables/ Actions include: A. Coordinate placement of a minimum of 100 markers in 2009. B. Participate in one stream side clean up with citizens in 2009. C. Disposal of non-hazardous waste material associated with stream clean up in 2009. D. Document number of volunteer participants and number of catch basins marked and streamside cleanup as part of Georgia EPD annual report. 5 TASK 3—Illicit Discharge Detection and Elimination Pollution reaches City streams in many ways. CH2M Hill will develop a program to visually identify these pathways, visually identify the sources, and eliminate the source is necessary. The program will include a map of the drainage system and is included in Task 4. In addition, CH2M Hill’s program will address other methods to find pollution sources by dry weather screening and education of potential industrial polluters. The permit specifies that 30% of the outfalls will be screened by December 2009. CH2M Hill will perform dry weather screenings. It is anticipated that there are 100 outfalls within the City. The permit specifies that the pamphlets in BMP A-1 will be related to illicit discharge topics and are to be included in the educational package that will be distributed to government offices. CH2M Hill will distribute 100 pamphlets related to illicit discharge topics in addition to the 250 pamphlets distributed under Task 1. Task 3 Deliverables/ Actions include: A. Distribute 100 pamphlets to potential polluters in 2009. B. Perform dry weather screening of 30 outfalls in 2009. C. Document dry weather screening and education efforts as part of annual report to Georgia EPD. Task 4—MS4 Inventory A large component of Illicit Discharge Detection and Elimination is to map the MS4 system to be able to maintain the system and to be able to trace pollution sources. To support the management of the City of Milton’s MS4 infrastructure, an inventory of the stormwater conveyance pipelines and structures needs to be completed. The purpose of the inventory will be to: 1. Locate and visually inspect the stormwater structures and drainage conveyances maintained by the stormwater utility 2. Conduct a visual assessment of the system to determine if the system is clean and serviceable and develop a list of maintenance and capital projects. The visual assessment does not include confined entry. A preliminary inventory of the storm drainage structures within the right of way (ROW) has been performed that indicates that there are 2,225 structures in the ROW. The information from this source will be used by CH2M Hill to begin to develop a map of the city owned drainage system. The map will show location of catch basins, pipes, and headwalls. The City’s permit specifies that a total of 50% will be inventoried by December of 2009. The existing inventory of 2,225 structures will be used to develop the system map. City owned structures are typically located within the right of way. The first structure outside the right of way will be inventoried as a private system. The map will show the location of the public and part of the private drainage system up to the first structure off of the ROW including ditches, catch basins, pipes, and headwalls. 6 CH2M Hill will develop a map showing a total of 50% of the public system (1120 structures and pipes) and the private system up to the first structure outside the right of way (estimated to be 500 structures) by December 30, 2009. During the mapping process, a visual assessment to determine if the system is clean and serviceable shall be performed. Based on the visual assessment of the structures and conveyances, CH2M Hill will develop a prioritized list of maintenance projects and capital projects. Task 4 Deliverables/ Actions include: A. Develop a storm sewer system map of 1,120 City stormwater structures and the conveyances between the structures and 500 private stormwater structures and the conveyances between the structures. B. Visually assess 1,120 stormwater structures and the conveyances between the structures and 500 private stormwater structures and the conveyances between the structures. C. Document the inventory and visual assessment effort as part of annual report to Georgia EPD. D. Develop a Maintenance List based on visual assessment E. Develop a Capital Improvement Projects List based on visual assessment Task 5—Post-Construction Stormwater Management An inspection and maintenance procedure for the visual assessment of stormwater management ponds/ Best Management Practices has been developed. The assessment is a visual inspection and no testing or modeling will be preformed. The permit requires that 30% of the ponds will be inspected by the end of 2009. The owner of the pond/ BMP will be notified by CH2M Hill of any deficiencies found in an effort to have any deficiencies corrected. CH2M Hill will use this method to assess 20 ponds/ Best Management Practices by the end of 2009. The ponds inspected will not include the 8 Natural Resource Conservation Service (NRCS) watershed dams. The City will need to solicit and enter into a contact with a consultant to inspect the NRCS dams (see Task 10). The permit also requires that 50% of the ponds be inventoried by December of 2009. CH2M Hill will locate 50% of the ponds in the city and providing location, ownership (public or private) and type of stormwater management facility. Task 5 Deliverables include: A. Visually inspect 20 ponds/ BMPs. B. Document inspection and follow up with correspondence to pond/ BMP owner regarding maintenance requirements. C. Document inspection of the ponds/ BMPs as part of the annual report to Georgia EPD. D. Provide location, ownership, and type of BMP for 50% of the stormwater management facilities in the City. TASK 6—Scheduled MS4 Operation and Maintenance As part of the pollution prevention/ good housekeeping requirements, the City’s NPDES permit requires that 30% of the city owned system be inspected by the end of 2009. As a part of this scope, a program to inspect and clean the MS4 will begin May 2009. This program will be coordinated with the inventory effort perform as part of Task 4. City owned structures to be inventoried will be scheduled to be cleaned to the maximum extent practicable. 7 CH2M Hill will visually inspect 670 structures and the pipes in between the structures in 2009 to determine if the system is clean and serviceable and will clean any inspected structures as needed. Observation from this visual assessment will be coordinated with the maintenance list and list of capital improvement projects developed as part of Task 4. CH2M Hill will continue to coordinate these observations with the list of maintenance and capital improvement projects developed as part of the inventory effort. Task 6 Deliverables/ Actions include: A. Perform visual assessment to determine if the system is clean and serviceable and clean as required of 670 MS4 structures and the pipes between them in 2009. B. Coordinate efforts with the inventory effort performed in Task 4. C. Document visually assessment and cleaning as part of annual report to Georgia EPD. TASK 7—Pollution Prevention/ Good Housekeeping In this task, CH2M Hill will provide training to City employees as required by City’s MS4 permit methods of preventing pollution. The permit also requires that existing projects be assessed for additional water quality protection. The City’s BMP F-5: Water Quality Assessment Procedure specifies that the 8 Natural Resource Conservation Services Watershed Dams within the City limits will be inspected to assess their effectiveness in providing water quality benefits using the procedure outlined in section 3.2.2 of the document. The City will need to solicit and enter into a contact with a consultant to inspect the NRCS dams (see Task 10).The procedure states that all existing detention/ retention ponds inspected as part of Task 5 that require maintenance will also be evaluated using this criteria. It is believed that all of the ponds visually inspected under Task 5 will need a water quality assessment under this task by CH2M Hill. Task 7 Deliverables/ Actions include: A. Conduct one in-house training session in 2009. B. Perform the Water Quality Assessment of 30 existing ponds in 2009. C. Document in-house training education and water quality assessment as part of annual report to EPD. TASK 8—Metropolitan North Georgia Water Planning District Requirements In 2003, the Metropolitan North Georgia Water Planning District (District) created three management plans that the City is required to follow. The plans are a District-Wide Watershed Management Plan, a Long-Term Wastewater Management Plan, and a Water Supply and Water Conservation Management Plan. CH2M Hill will adhere to these plans in performance of their service. For the District wastewater plan and the District water plan, CH2M Hill will coordinate with Fulton County and the cities in surrounding North Fulton County. The District watershed plan requires specific tasks including future floodplain mapping, water quality monitoring, and implementation of source water strategies. Task 8 Deliverables/ Actions include: A. Participate in Fulton’s septic tank maintenance education in conformance with District Audit Requirement A-1 Development of a Septic System Management 8 Program with placement of literature in City Hall and provide website material in 2009. B. Develop a policy in conformance with District Audit Requirement A-2 Development of a jurisdictional policy and conditions for allowing private wastewater systems regarding private wastewater systems in 2009. C. Develop a policy in conformance with District Audit Requirement B-1.2, to require that all new multi-family buildings be built with sub-unit meters owned and managed by the property owner in 2009. D. Develop a policy consistent with Fulton County in conformance with District Audit Requirement B-1.3 that requires rain sensor shut-off switches on all new irrigation in 2009. E. Coordinate with Fulton County in conformance with District Audit Requirement B-1.5 to have a pre-rinse spray valve retrofit education program and evaluate the need for additional ordinances or procedural changes in the City and implement those changes in the City as necessary and per City Council guidance in 2009. F. Participate in Fulton County’s outreach program in conformance with District Audit Requirement B-1.10 and B-2.1 to educate the public about water use and conservation by distributing literature and providing website material. G. Coordinate with Community Development Department to implement District Audit requirements C.1.2 parts 1 and 3 for Floodplain Management/Flood Damage Prevention approved in October of 2007 by the Environmental Protection Division using mapping developed under task 9. H. Implement the following District Audit requirements from C.5 for Develop and implement a water quality monitoring plan approved in October of 2007 by the Environmental Protection Division. a. Parts 1, 2, and 7 - Meet with Fulton and other North Fulton cities up to 4 times regarding a water quality monitoring plan. Assist City in administration of contract to perform stream monitoring required in the City. b. Part 6 - Implement governmental inspection program to evaluate facility operation and good housekeeping. I. Document activities performed as part of this task in technical memorandum. TASK 9—Floodplain Study The City is required to regulate the future 100-year floodplain up to drainage areas of 100 acres by the District Watershed Management Plan. The City should start by mapping the 100-year future floodplain for streams up to 100 acres within the City limits using limited detail methods to provide consistent future floodplain mapping. In future years the city should consider developing and submitting detailed floodplain mapping to FEMA to update the City’s Flood Insurance Rate Maps (FIRMs), the maps used by lenders to determine flood insurance purchase requirements. Under this task, CH2M Hill will provide a map of the City showing the 100-acre and 640 acre drainage basins. The major streams names are to be shown along with the major drainage basins. The streams are to be networked showing direction of flow and Strahler Stream Order. CH2M HILL will create a report of stream miles for streams with a drainage area greater than 640 acres, between 100 and 640 acres, and less than 100 acres. A report of miles of stream in each stream order will be produced. Total miles of stream for which FEMA has identified Special Flood Hazard Areas (areas subject to flooding during the 1% annual chance event) will also be provided. The report will be broken down by major drainage basin and also provide totals of the stream miles within the City limits. 9 CH2M Hill will develop a future floodplain map for all streams with drainage areas of at least 100-acres in area in the Cooper Sandy Creek drainage basin. The future conditions 100-year floodplains will be determined by hydrologic and hydraulic modeling methods and delineated on the maps. The existing conditions floodplain will not be determined as part of this effort. . Future conditions peak flows, and the resultant floodplain elevations and extents, will be based on the City’s current Land Use plan and the City’s definition of land use. The map will show the extent of inundation and the floodplain elevations for the future 100-year flood event. Profiles for the future conditions 100-year storm event will also be provided for all studied streams. Additionally, the floodplain maps will show the approximate boundaries of the effective FEMA regulated floodplain. Due to differences in stations between the FEMA models and the proposed models, a table identifying existing and future 100-year elevations will be created for fixed physical locations such as road crossings. The existing floodplain elevation will be shown on the profiles at these fixed physical locations as well. Floodways will not be determined as a part of this study. This study is intended to provide floodplain data for enforcement of the future floodplain requirements of the City’s floodplain management ordinance only. It will not be submitted to FEMA to update the Flood Insurance Rate Maps. Task 9 Deliverables/ Actions include: A. Develop a Drainage Basin Map B. Develop a hydrologic network map C. Develop report of stream miles D. Develop future floodplain map for Cooper Sandy Creek illustrating the existing FEMA 100-year floodplain overlaid with the future conditions 100-year floodplains E. Develop floodplain profiles for Cooper Sandy Creek illustrating the future conditions 100-year floodplain elevations. Existing FEMA 100-year elevations at fixed physical locations will also be shown. F. Develop summary table comparing the existing FEMA and future conditions 100-year elevations for fixed physical locations for Cooper Sandy Creek TASK 10—Project Management CH2M Hill is responsible for the supervision of the all of the MS4 permit conditions and District requirements for the City of Milton and is responsible for the implementation of specific tasks as outlined above. The City will be notified immediately of any problems anticipated in meeting their obligations. This task will cover any project management time required to fulfill this responsibility. Three specific sub tasks included in this task are: 1) Responding to comments from the Georgia EPD on the 2009 annual report submitted in January 2010 regarding the City’s NPDES permit, 2) Assisting the city in administration of a contract to visually inspect and evaluate retrofit alternatives for water quality for the eight NRCS dams, and 3) Monthly reporting. Assisting the City in the administration of the NRCS dam contract will include putting a request for proposal out for bids, evaluating the proposals, developing a contract, reviewing and approving the deliverables for compliance with the contract, and approving invoices. CH2M Hill will meet at least monthly with the City to provide a status of the project. Task 10 Deliverables/ Actions include: A. Perform Project Management B. Respond to comments from Georgia EPD on 2009 NPDES annual report. 10 C. Assist City on administration of contract to visually inspect and evaluate retrofit alternatives for the eight NRCS dams for water quality. D. Report monthly on services performed by task . Report should also forecast work to be done the next month and identify any issues that need to be resolved. City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, Principal Engineer Date: May 29, 2009 for the June 15, 2009 Council meeting Agenda Item: Contract for Surveys of Bethwell and Crabapple Community Center Properties for $2,125 and for Birmingham Park for $10,822 Background: At the special called Council meeting held on Saturday, January 31, 2009, public works staff received direction from Council to request bids for surveys of both the Crabapple and Bethwell Community properties (task 1). The surveys would include locating and researching all easements and would include a tree survey. On May 22, 2009, the city received bids that were requested for a boundary survey of the Birmingham Park site (task 2). This boundary will be a certified boundary survey that the City will be able to use for any future planning of the park. In accordance with procurement procedures, the City requested bids from three local surveying firms and received three quotes on task 1 and two quotes and one “no-bid” on task 2. Written quotes were obtained in order to select the low bidder and negotiate the contract. Discussion: Engineering & Inspection Systems, Inc. was the low bidder on task 1 with a lump sum fee for Crabapple of $1,210 and a lump sum fee for Bethwell of $915 for a total of $2,125. Engineering & Inspection Systems, Inc. was also the low bidder on task 2 with a lump sum fee of $10,822. The Consultant is ready to begin work upon City approval of contract and issuance of a Notice to Proceed (estimated as June 16). The budget for this work will be from the Parks and Recreation, Land Acquisition & Park Maintenance budget ($1,208,234). Legal Review: Engineering & Inspection Systems, Inc. Contract - Paul Higbee, Jarrard & Davis on May 26, 2009 Attachments: Engineering & Inspection Systems, Inc. Contract 1 CONTRACT AGREEMENT This Agreement made and entered into this __ day of _____, in the year 2009; by and between The City of Milton, Georgia (sometimes referred to herein as the “City”), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and the Engineering & Inspection Systems, Inc. (“Contractor”) having its principle place of business at 625 Hembree Parkway Suite B Roswell, GA 30076. WHEREAS, the City of Milton has caused a Request for Proposals to be issued soliciting proposals from qualified contractors to furnish all items, labor services, materials and appurtenances called for by them in accordance with these proposals. Selected Contractor is required to provide the services as called for in the Scope of Services; and WHEREAS, the Contractor submitted a proposal in response to the RFP for surveys of both the Crabapple and Bethwell Community Center Sites (task 1); and WHEREAS, the Contractor submitted a proposal in response to the RFP for survey of Birmingham Park Site (task 2); and WHEREAS, the Contractor’s proposals were deemed by the City of Milton to be the proposals most advantageous to the City; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree to compensation of $2,125.00 for task 1, $550 for potential additional line item #1 under task 1, $225 for potential line item #2 under task 1, and of $10,822.00 for task 2 for services to be provided as follows: 1.0 Scope of WorkTask 1 The Contractor agrees to provide all Services and comply with all requirements specified in the RFP, attached hereto and incorporated herein by reference as Exhibit “A1,” and provide those Services as may additionally be specified in the Contractor’s proposal in accordance with the terms and conditions of this agreement. Said specifications are hereby made a part of this agreement by reference. Generally, the Contractor shall provide surveys for the following City properties: 1) approximately 0.78 acres identified by Fulton PIN 22-4900-0678- 008-1 located on Hopewell Road (Bethwell Community Center); and 2) approximately 0.76 acres identified by Fulton County PIN 22-4161-1134-026-3 located on Broadwell Road (Crabapple Community Center). In addition to task 1, the City may also potentially request services in easement delineation. The City is in negotiations with an adjacent property owner over an ingress-egress easement on the Crabapple Community Center property. The City may request one or both of the following items at the line item rates found in Exhibit “A1”: 2 1. Create meets and bound description of the proposed easement, and prepare easement plat and legal description 2. Stake centerline of proposed easement Task 2 The Contractor agrees to provide all Services and comply with all requirements specified in the RFP, attached hereto and incorporated herein by reference as Exhibit “A2,” and provide those Services as may additionally be specified in the Contractor’s proposal in accordance with the terms and conditions of this agreement. Said specifications are hereby made a part of this agreement by reference. Generally, the Contractor shall provide surveys for the following City property: 1) approximately 200 acres located between Hickory Flat Road, Birmingham Hwy and New Bull Pen Road (Birmingham Park). 2.0 Independent Contractor 2.1. The Contractor is an independent Contractor. The Contractor is not an employee, agent or representative of the City of Milton. The Contractor shall obtain and maintain, at the Contractor’s expense, all permits, license or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses or approvals to the City of Milton’s designated representative within ten (10) days after issuance of Notice to Proceed. 2.2 Inasmuch as the City of Milton and the Contractor are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Contractor agrees to indemnify, hold harmless and defend the City from and against any and all liabilities, suits, actions, legal proceedings, claims, demands, damages, costs and expenses (including attorney’s fees) rising out of any act or omission of the Contractor, its agents, subcontractors or employees in the performance of this Contract. 4.0 Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: 3 (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 there from. (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 there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor'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 Contractor; products and completed operations of the Contractor;; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor'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 Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) All endorsements to policies shall be executed by an authorized representative of the insurer. 4 (b) 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: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The 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 Contractor'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 Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: THE CITY WILL BE NAMED AS ADDITIONAL INSURED ON GENERAL LIABILITY AND ON AUTOMOBILE POLICY. UNABLE TO NAME CITY AS ADDITIONAL INSURED ON WORKERS COMPENSATION POLICY AND ON PROFESSIONAL LIABILITY POLICY. 5.0 Termination 5.1 Any other provisions of this agreement notwithstanding, each party has the right to terminate this Agreement if the other party breaches or is in default of any obligation hereunder which default or breach is incapable of cure or which, being capable of cure, has not been cured within thirty (30) days after receipt of 5 written notice of such default (or such additional cure period as the non-defaulting party may authorize). In addition, the City may terminate this Agreement for convenience upon thirty (30) days prior written notice to the Contractor. 5.2 The City of Milton may terminate the agreement immediately without prejudice to any other right of action or remedy if the Contractor: 5.2.1 Becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition of bankruptcy, suffers or permits the appointment of a receiver for its business or assets, or becomes subject to any proceeding under any bankruptcy or insolvency law, whether domestic or foreign, or has wound up or liquidated, voluntarily or otherwise. In the event that any of the above events occur, the Contractor shall immediately notify the City of Milton of each occurrence. 5.2.2 After five (5) days written notice fails to: a) Maintain the required insurance, or; b) In any other manner to perform the requirements of the RFP. 6.0 Compliance with All Laws and Licenses The Contractor must obtain all necessary licenses and comply with local, state and federal requirements. The Contractor shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 7.0 Assignment The Contractor shall not assign or subcontract the whole or any part of this Agreement without the City of Milton’s prior written consent. 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Drug-Free and Smoke-Free Work Place 9.1 A drug-free and smoke-free work place will be provided for the Contractor’s employees during the performance of this Agreement; and 9.2 The Contractor will secure from any subcontractor hired to work in a drug-free and smoke-free work place a written certification so stating and in accordance with Paragraph 7, subsection B of the Official Code of Georgia Annotated Section 50-24-3. 9.3 The Contractor may be suspended, terminated, or debarred if it is determined that: 9.3.1 The Contractor has made false certification herein; or 9.3.2 The Contractor has violated such certification by failure to carry out the requirements of Official Code of Georgia Annotated Section 50-24-3. 6 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 11.0 Policy on Hiring of Non-Resident AliensIt 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 Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “B” and “C” that it and Contractor’s subcontractors 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 Contractor’s and Contractor’s subcontractors’ verification process to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors 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 Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to terminate that person’s employment immediately and to report same to the Department of Homeland Security. The Contractor’s failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that the employee-number category designated below is applicable to the Contractor. ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. Contractor’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 “B.” 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. 12.0 Interpretation of Documents 7 In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. Approved as to form: _______________________________ City Attorney CONTRACTOR: ___________________________________ 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: __________________ 9 EXHIBIT “A1” RFP The City of Milton is looking for survey firms interested in submitting a bid for two surveys for the City of Milton. If your firm is interested, please provide a written bid to Sara Leaders via email (sara.leaders@cityofmiltonga.us) by Wednesday March 25 at 8 AM. The bid is for existing conditions surveys of both the Crabapple and Bethwell Community Center Sites (see attached site info for each site) including the following items: • Produce an existing conditions plat (not to be recorded but for City references) • Deed research of property • Include Tree Survey (call out tree type, size, and show location on plat) • Location and description of: o All Easements (utilities, access, parking, ect) o Curb cuts o Driveways o Buildings/structures o Right of Way o Adjacent Property Owners o Property pins o Any other features on the site • Provide digital files of survey (DGN or DWG format tied to state plane coordinates) • Provide 3 hard copies of plat The City will provide a sample contract for your review during the bid time as well to expedite the process once we select a firm. The City will negotiate with firms March 24-26 to reach conclusion of a signed contract on March 26th. The City will sign the contract on April 14th pending approval at the April 13, 2009. We anticipate 10 a notice to proceed on April 15, 2009 with completion by May 8, 2009. 11 12 Contractor’s Response 13 Task 1 Potential Additional Services to Task 1 Request for Rates   14        15 Contractor’s Response   16 EXHIBIT “A2” 17 Contractor’s Response 18 EXHIBIT “B” STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned Contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is 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 subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, Contractor will secure from such subContractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit “1.” Contractor 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 subContractor(s) is retained to perform such service. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Contractor Name) _________________________________________ Title of Authorized Officer or Agent of Contractor _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ ________________________________________ Notary Public My Commission Expires: ___________________ 19 EXHIBIT “C” STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of Contractor) 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 (SubContractor Name) _________________________________________ Title of Authorized Officer or Agent of SubContractor _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ _________________________________________ Notary Public My Commission Expires: _________________________________________ City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, P.E. – Principal Engineer Date: May 26, 2009 for the June 15, 2009 Council meeting Agenda Item: Task Order for Citywide Bridge Inventory and Inspection Study with URS for $32,517.26 Background: URS was selected as one of our on call planning and engineering consultants and they were approved by Mayor and Council on October 20, 2008. URS was selected for this task as the most qualified, already bid, on call consultant for this study. Discussion: The work to be completed under this Agreement (the “Work”) is referenced in the Contract. Individual project work will be defined by task orders. This task order is subject to the terms and conditions of the URS-City master agreement dated November 20, 2008 and shall serve as authorization by the City of Milton to (“Consultant”) to perform the services described therein. The URS task order for the Citywide Bridge Inspection is for $32,517.26 and includes: • Review the latest bridge inspection and inventory data for the structures currently inspected and inventoried by GDOT (28 structures) and additional structures identified by Milton (5 structures plus Landrum Bridge) • Site visits with city staff and GDOT bridge inspector • Review conditions of 33 bridges • Discuss ownership/maintenance of bridges and verify reporting requirements • Perform detailed visual inspections of the additional 5 structures identified by the city • Provide a summary report including repair recommendations and estimated costs for repairs • Provide a 5-yr repair/replacement priority list The budget will come from the Public Works Capital Project Fund – Bridge Replacement Program ($50,000). Legal Review: URS Corporation Task Order 09-URS-02 – Paul Higbee, Jarrard & Davis on March 25, 2009 Attachments: URS Corporation Task Order 09-URS-02 PROFESSIONAL SERVICES AGREEMENT WITH URS CORPORATION DATED ___________________ TASK ORDER 09-URS-02 CITYWIDE BRIDGE INVENTORY AND INSPECTION STUDY This TASK ORDER between the parties is entered into pursuant to the above referenced AGREEMENT (RFQ #08-001), incorporated herein by reference, and shall serve as authorization by the City of Milton (referred to herein as “City”) to URS Corporation (referred to herein alternately as “Consultant” and “URS”) to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the AGREEMENT (RFQ #08-001). Now therefore, the parties agree as follows: Location of PROJECT: This project is a citywide bridge inventory and assessment and the City limits will be the limits of the project. The City will provide maps for GIS identified structures that are not currently in GDOT’s database. Description of Services: The scope of work is to provide a detailed citywide bridge inventory and assessment for the City of Milton. Task 1 Review the master list of all bridge structures in the City provided from the Comprehensive Transportation Plan Inventory of Existing Conditions Report. The master list includes the latest bridge inspection and inventory data for the 28 structures located within the City of Milton that are currently inspected and inventoried by GDOT and additional structures identified by Milton. Task 2 Attend site visit(s) over 3 days with city staff and GDOT bridge inspection representative(s) to review current conditions, discuss ownership/maintenance of bridges within the city and verify reporting requirements. Task 3 Perform a cursory bridge inspection of the 28 bridges in the city that are currently being inspected by GDOT. The cursory inspections will only be visual, ground-level inspections to verify the information contained in GDOT’s inspection reports and provide recommended up-grading or down-grading of the bridge condition and status. Perform detailed visual inspections of the additional structures identified by the City’s Inventory of Existing Conditions Report. To date, the City of Milton has six (6) additional bridges/culverts identified. However, the Landrum Road Bridge is included in this list and will not require an inspection. The J.B. Trimble report dated April 4, 2008 and the URS bridge replacement plans will be referenced. Assumption: the bridges/culverts identified by the city which are not on GDOT’s database are exempt from the inspection/reporting requirements of the National Bridge Inspection Standards (NBIS), 23 CFR Part 650. Task 4 Assemble the most recent inspection reports prepared by GDOT for the 28 structures in their database and include color photographs of the structures showing site conditions, unusual construction details and any noted deterioration or damage. Prepare inspection reports for those structures inspected by URS. The reports prepared by URS shall include a narrative description of the physical features and conditions observed at each structure, a summary of findings including a list of recommended repairs, and color photographs of the structure showing site conditions, unusual construction details and any noted deterioration or damage. Prepare a database of all identified structures, including those on GDOT’s database, in spreadsheet format and a two-page standard report for all 33 bridges with 3-4 color photographs for each using mail merge form developed by the City and compiled by the Consultant. Provide a summary report including repair recommendations and estimated costs for repairs within a 5 year timeframe as well as a repair/replacement priority list for the City. Schedule It is anticipated that the work will progress according to the following tentative schedule: TASK DATE Assumed Notice-to-Proceed (NTP) June 16, 2009 Task 1- Review & Compile existing records July 6, 2009 Task 2- Site meetings with City/GDOT staff July 17, 2009 Task 3- Perform bridge inspections as required August 14, 2009 Task 4- Preparation of draft report/database/list of repairs/costs September 4, 2009 Task 5- Review with City and Submit Final Deliverables October 2, 2009 Fee This task order is part of an on-call professional engineering and planning services contract. The maximum total fee for this Task Order 09-URS-02 shall not exceed $32,517.26 including direct costs. URS will not invoice in excess of the maximum proposed total amount of $32,517.26 without the prior written approval of the City of Milton. Design Specifications and Guidelines The CONSULTANT shall coordinate the proposed services with any proposed construction plans and within the project limits. This TASK ORDER is subject to the terms and conditions of the original AGREEMENT (RFQ #08-001) entered between the parties. General Scope of Service: The WORK under this TASK ORDER is to be commenced upon CONSULTANT’S receipt from the City of a written “Notice to Proceed” (NTP) for each phase. The WORK will be completed within 150 calendar days after Notice to Proceed. The CONSULTANT shall prepare a schedule showing milestone completion dates based on completing the WORK within 150 calendar days (hereinafter referred to as the “Schedule for Completion”), excluding City review time. The Schedule for Completion will be revised to reflect the actual NTP date and will be updated as required throughout the project’s duration. Every 30 days commencing with the execution of this TASK ORDER, the CONSULTANT shall submit to the City a written report which shall include, but not be limited to, a narrative describing actual work accomplished during the reporting period, a description of problem areas, current and anticipated delaying factors and their impact, explanations of corrective actions taken or planned, and any newly planned activities or changes in sequence (hereinafter referred to as “Narrative Report”). No invoice for payment shall be submitted and no payment whatsoever will be made to the CONSULTANT until the Schedule for Completion, and the completion of Narrative Reports are updated and submitted to the City. In no event shall payment be made by the City to the CONSULTANT more often than once every 30 days. The CONSULTANT shall coordinate and attend periodic meetings with the CITY regarding the status of the TASK ORDER. The CONSULTANT shall submit to the City transmittals of all correspondence, telephone conversations, and minutes of project meetings. The fee shall be paid as provided in the AGREEMENT; however, CONSULTANT agrees that fees are earned pursuant to the WORK performed, which in no event shall exceed the amount set forth in the attached Fee Schedule. Attachments: Attachment A – Fee Schedule CITY OF MILTON: CONSULTANT: By: __________________________ By: ________________________________ Title:_________________________ Title:_______________________________ Name:________________________ Name:______________________________ Date: ________________________ Date: ______________________________ Attachment A – Fee Schedule $30,852Totals 2009:URS:Project Manager 2009:URS:Senior Engineer 2009:URS:Engineer 2009:URS:Admin 2009:URS:Mail 2009:URS:Repo 2009:URS:Supplies2009:All:Mileage Totals$32,517.26$6,448.83 $13,577.04 $10,381.79 $444.60 $300.00 $200.00 $1,000.00 $165.00Task 1$0.00Set-up files$967.69$678.82 $288.87Compile and review GDOT data$1,129.03$339.41 $577.75 $211.87Compile data for GIS structures$1,171.21$169.71 $577.75 $423.75Create master structure list$1,571.23$169.71 $866.62 $423.75 $111.15$0.00Task 2$0.00Site visit(s) with City and GDOT staff$3,090.89$1,357.65 $1,733.24Verify reporting requirements$314.15$169.71 $144.44Complete identification of all structures$926.04$169.71 $433.31 $211.87 $111.15$0.00Task 3$0.00Field review of GDOT bridges (26 ea)$4,482.88$339.41 $2,310.98 $1,694.99$137.50Field review of GIS bridges (6 ea)$4,482.54$339.41 $1,733.24 $1,271.24 $111.15 $1,000.00 $27.50$0.00Task 4$0.00Prepare/compile inspection reports$3,189.89$339.41 $1,155.49 $1,694.99Prepare structure database$2,400.27$339.41 $577.75 $1,483.11Prepare repair recommendations/cost$3,394.42$678.82 $1,444.36 $1,271.24Prepare summary report/priority list$1,976.53$339.41 $577.75 $1,059.37Interal review QC/QA$1,790.71$678.82 $288.87 $211.87 $111.15 $300.00 $200.00Address City review comments$959.33$169.71 $577.75 $211.87Submit final deliverable$670.45$169.71 $288.87 $211.87