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Home My WebLink About09-20-10 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 Joe Longoria Alan Tart Monday, September 20, 2010 Regular Council Meeting Agenda 6:00 PM INVOCATION – Mr. Roy Foster, Alpharetta First United Methodist Church. CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by the Mayor) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 10-1235) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the August 23rd Special Called Meeting Minutes. (Agenda Item No. 10-1236) (Sudie Gordon, Interim City Clerk) 2. Approval of the September 8th, 2010 Regular Council Meeting Minutes. (Agenda Item No. 10-1237) (Sudie Gordon, Interim City Clerk) 3. Approval of Financial Statements for Period Ending August, 2010. (Agenda Item No. 10-1238) (Stacey Inglis, Finance Director) MILTON CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 20, 2010 – 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. 4. Approval of an Agreement Between City of Milton and Bank of North Georgia to Initiate Debit and Credit Entries through the Automated Clearing House Network. (Agenda Item No. 10-1239) (Stacey Inglis, Finance Director) 5. Approval of a Parks and Recreation Event License Agreement Between the City of Milton and Kolleen Riddick of CorePhysique to Offer Fitness Camp Classes at Bell Memorial Park. (Agenda Item No. 10-1240) (Cyndee Bonacci, Parks and Recreation Director) 6. Approval of a Revised Fee Schedule for the City of Milton Parks and Recreation Department. (Agenda Item No. 10-1241) (Cyndee Bonacci, Parks and Recreation Director) 7. Approval of an Intergovernmental Agreement between the City of Milton and Forsyth County for McGinnis Ferry Roadway Project. (Agenda Item No. 10-1242) (Ken Jarrard, City Attorney) 8. Approval of a Task Order with Street Smarts, Inc. for the Design of Intersection Improvements for Arnold Mill Road at New Providence Road in the Amount of $149,995.25. (Agenda Item No. 10-1243) (Carter Lucas, Public Works Director) 9. Approval of a Task Order with Street Smarts, Inc. for the Design of Intersection Improvements for Birmingham Highway at Providence Road in the Amount of $154,949.57. (Agenda Item No. 10-1244) (Carter Lucas, Public Works Director) 10. Approval of a Roundabout Support and Lighting Agreement with GDOT for the Intersection Improvement at Birmingham Highway and Providence Road. (Agenda Item No. 10-1245) (Carter Lucas, Public Works Director) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION (None) MILTON CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 20, 2010 – 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. 8) PUBLIC HEARINGS 1. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2010 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. 10-1230) (First Presentation on September 8, 2010) (Stacey Inglis, Finance Director) 9) ZONING AGENDA 1. ZM10-02 – A request by JSB Triangle, Inc., located on Morris Road and Bethany Bend, Hidden Forest Subdivision to modify 2002Z-105 and 2003ZM-067/2003VC- 0247 to modify Condition 2.a. (2003ZM-067) by deleting the November 18, 2003 site Plan currently referenced and substituting and placing in lieu thereof the site plan filed on June 30, 2010. To modify Condition 3.e. (2002Z-105) by reducing the minimum 50-foot perimeter principal building setback to 35 feet where the subject site adjoins property zoned AG-1 (Agricultural). (Agenda Item No. 10-1196) (Deferred on August 2, 2010) (First Presentation on September 8, 2010) (Lynn Tully, Community Development Director) 2. RZ10-04 – Approval to Amend the City of Milton Zoning Ordinance to Create a Required Distance for Convenience Stores and Service Stations from Residential Uses/Zoning Districts within the Northwest Fulton Overlay and State Route 9 Overlay Districts (Chapter 64 Division 5 and Chapter 64 Division 6). (Agenda Item No. 10-1212) (Administratively Deferred on August 16, 2010) (First Presentation on September 8, 2010) (Work Session on September 13, 2010) (Lynn Tully, Community Development Director) 10) UNFINISHED BUSINESS 1. Approval of An Ordinance to Amend the Code of Ordinances of the City of Milton, to Establish the Code of Ethics for the City of Milton; to Further and Incorporate the Policies and Laws of the State of Georgia Relating to Ethical Standards; to Create the Board of Ethics and Provide for Board Membership, Duties, and Responsibilities; to Provide for the Disposition of Ethics Complaints; to Ensure Compliance with Ethical Standards; to Repeal Conflicting Provisions; to Provide for Severability; to Provide for an Effective Date; and for Other Purposes. (Agenda Item No. 10-1221) (First Presentation on September 8, 2010) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 20, 2010 – 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. 2. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2010 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. 10-1230) (First Presentation on September 8, 2010) (Public Hearing on September 20, 2010) (Stacey Inglis, Finance Director) 11) NEW BUSINESS (None) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (If needed) 15) ADJOURNMENT (Agenda Item No. 10-1246) 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 Director Date: September 20, 2010 City Council Meeting Agenda Item: Financial Status Report for Period 11 – August 2010 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund Revenue collections for the General Fund totaling $15,131,424 are approximately 3.3% higher than anticipated for the eleventh period of the fiscal year. Total expenditures to- date are $12,178,658 and are 8.0% less than expected. Please note, as with previous years, the financial statements for September 2010 will not be presented for approval during the October 18, 2010 council meeting. The reason being is this is the final month of the fiscal year and the numbers will continue to change until the books are closed for the audit. You can expect to see the September 2010 financial statements either during a December or January council meeting. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $8,016,334, capital expenditures-to-date total $2,040,722. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $12,800 Sidewalk Replacement Fund: Balance: $70,558 City of MiltonSTATEMENT OF REVENUES & EXPENDITURESGeneral FundFor the Period Ending August 2010Actual BudgetedVarianceover/(under)Actual BudgetedVarianceover/(under)Property Tax 15,480,295 0 0 0 8,237,732 8,115,295 122,437Motor Vehicle Tax 450,000 44,028 37,500 6,528 392,822 375,000 17,822Intangible Tax 190,000 13,879 15,833 (1,955) 133,351 158,333 (24,982)Real Estate Transfer Tax 35,000 2,766 2,917 (151) 33,329 29,167 4,163Franchise Fees 1,700,000 28,651 425,000 (396,349) 1,290,704 1,275,000 15,704Local Option Sales Tax 3,400,000 308,954 283,333 25,621 3,099,928 2,833,333 266,595Alcohol Beverage Excise Tax 277,000 25,932 23,083 2,849 239,222 230,833 8,389Business & Occupation Tax 575,000 4,533 0 4,533 558,868 575,000 (16,132)Insurance Premium Tax 850,000 0 0 0 0 0 0Financial Institution Tax 26,158 0 0 0 26,158 26,158 0Penalties & Interest 88,646 4,822 0 4,822 143,913 88,646 55,267Alcohol Beverage Licenses 128,700 0 0 0 155,700 128,700 27,000Other Non-Business Permits/Licenses 13,370 1,039 593 445 17,323 12,777 4,546Zoning & Land Disturbance Permits 34,500 959 2,875 (1,916) 13,936 31,625 (17,689)Building Permits 63,699 6,420 5,308 1,112 65,434 58,391 7,043Intergovernmental Revenue 0 0 0 0 0 0 0Other Charges for Service 299,360 13,675 19,752 (6,077) 251,516 280,080 (28,564)Municipal Court Fines 452,500 0 37,708 (37,708) 432,387 414,792 17,595Interest Earnings 20,000 2,467 1,667 800 28,910 18,333 10,577Contributions & Donations 3,370 0 281 (281) 3,370 3,089 281Other Revenue 38,437 0 0 0 6,821 582 6,239Other Financing Sources 7,000 0 0 0 0 0 0Total Revenue 24,133,035 458,123 855,851 (397,727) 15,131,424 14,655,134 476,290Current Month Year-to-DateAnnual BudgetRevenueCurrent Month Year-to-DateActual BudgetedVarianceover/(under)Actual BudgetedVarianceover/(under)Mayor and Council 167,614 30,481 12,957 17,524 141,743 149,643 (7,900)Clerk of the Council 378,757 14,293 17,905 (3,612) 316,025 355,159 (39,134)City Manager 307,514 20,418 23,270 (2,852) 227,002 273,306 (46,304)General Administration 518,215 41,129 43,185 (2,056) 475,654 475,030 623Finance 770,361 40,046 61,757 (21,711) 644,959 715,599 (70,640)Legal 240,000 32,216 20,000 12,216 202,024 200,000 2,024Information Technology 749,568 37,853 44,153 (6,300) 757,681 717,122 40,559Human Resources 231,545 13,914 15,978 (2,063) 179,174 209,954 (30,779)Risk Management 175,621 11,449 14,635 (3,186) 147,886 160,986 (13,100)General Government Buildings 0 0 0 0 0 0 0Public Information & Marketing 220,192 5,561 6,777 (1,216) 203,108 211,373 (8,265)Municipal Court 274,801 16,191 21,162 (4,971) 210,190 244,110 (33,921)Police 2,467,242 169,162 192,028 (22,866) 2,075,295 2,201,563 (126,267)Fire 4,084,003 262,984 316,893 (53,909) 3,325,197 3,639,966 (314,769)EMS Operations 132,250 11,021 11,021 (0) 121,229 121,229 (0)Public Works 1,994,230 104,988 164,233 (59,245) 1,503,639 1,852,664 (349,026)Parks & Recreation 142,435 13,833 11,191 2,642 118,883 126,073 (7,190)Community Development 901,269 55,318 41,431 13,886 794,567 842,795 (48,228)Debt Service - Capital Lease Payment 716,541 0 0 0 716,541 716,541 0Operating Transfers to Other Funds 2,466,757 0 11,326 (11,326) 17,863 17,863 (0)Operating Reserve 7,194,120 0 0 0 0 0 0Total expenditures 24,133,035 880,855 1,029,901 (149,045) 12,178,658 13,230,976 (1,052,318)Net Income/(Loss)(422,732) 2,952,766Operating Expenditures Annual BudgetCurrent MonthYear to Date09/08/2010 Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Milton Roundup Vendor Fee -$ -$ 3,875$ 3,975$ 3,975$ Contributions & Donations 5,000 5,000 - 3,800 (1,200) Interest Revenues - - - - - Holiday Card Sales - - - - - T-shirt Sales - - - - - Mayor's Run - - 2,367 2,367 Total revenues 5,000$ 5,000$ -$ 6,167$ 1,167$ EXPENDITURES Current: Special Events 45,000$ 45,000$ -$ 35,969$ 9,031$ Total Expenditures 45,000$ 45,000$ -$ 35,969$ 9,031$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 40,000$ 40,000$ 4,270$ 37,359$ (2,641)$ Total other financing sources and uses 40,000$ 40,000$ 4,270$ 37,359$ (2,641)$ Net change in fund balances -$ -$ 7,557$ Fund balances - beginning 20,253 Fund balances - ending -$ -$ 27,810$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2010 Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations -$ -$ -$ -$ -$ Interest Revenues - 85 - 69 (16) Budgeted Fund Balance - 43,810 - - (43,810) Total revenues -$ 43,895$ -$ 69$ (43,826)$ EXPENDITURES Current: Police -$ 43,895$ -$ 4,487$ 39,408$ Total Expenditures -$ 43,895$ -$ 4,487$ 39,408$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances -$ -$ (4,418)$ Fund balances - beginning - - 43,810 Fund balances - ending -$ -$ 39,392$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2010 Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 570,000$ 570,000$ 12,293$ 636,668$ 66,668$ Total revenues 570,000$ 570,000$ 12,293$ 636,668$ 66,668$ EXPENDITURES Current: Public Safety 554,000$ 554,000$ 1,740$ 618,037$ (64,037)$ Total Expenditures 554,000$ 554,000$ 1,740$ 618,037$ (64,037)$ OTHER FINANCING USES Unallocated 16,000$ 16,000$ -$ -$ (16,000)$ Total other financing sources and uses 16,000$ 16,000$ -$ -$ (16,000)$ Net change in fund balances -$ -$ 18,632$ Fund balances - beginning - - 175,972 Fund balances - ending -$ -$ 194,604$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2010 Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant 85,934$ 85,934$ -$ 71,450$ (14,484)$ GEMA Grant - 40,348 - 40,348 (0) Crabapple Festival Grant - 1,016 - 1,016 (1) Total revenues 85,934$ 127,298$ -$ 112,813$ (14,485)$ EXPENDITURES Current: General Administration -$ 1,016$ -$ -$ 1,016 Public Safety 118,530 118,530 - 89,313 29,217 Public Works - 40,348 - - 40,348 Community Development 20,000 - - - - Total Expenditures 138,530$ 159,894$ -$ 89,313$ 70,581$ Excess of revenues over expenditures (52,596) (32,596) - 23,500 56,096 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 52,596$ 32,596$ -$ 17,863$ (14,733)$ Total other financing sources and uses 52,596$ 32,596$ -$ 17,863$ (14,733)$ Net change in fund balances - - 41,363 Fund balances - beginning 3,164 Fund balances - ending -$ -$ 44,527$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2010 Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 47,000$ 47,000$ 4,270$ 37,359$ (9,641)$ Total revenues 47,000$ 47,000$ 4,270$ 37,359$ (9,641)$ OTHER FINANCING SOURCES (USES) Transfers out to General Fund (7,000)$ (7,000)$ -$ -$ 7,000$ Transfers out to Special Events Fund (40,000) (40,000) (4,270) (37,359) 2,641 Total other financing sources and uses (47,000)$ (47,000)$ (4,270)$ (37,359)$ 9,641$ Net change in fund balances - - - Fund balances - beginning - - - Fund balances - ending -$ -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2010 Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 65,000$ 65,000$ 4,354$ 52,837$ (12,163)$ Landfill Host Fees 185,000 185,000 - 129,147 (55,853) Tree Recompense 12,800 12,800 - - (12,800) HYA Fees - 57,650 - 13,142 (44,508) Interest Revenue 2,000 2,000 - - (2,000) Sidewalk Replacement Account 70,558 70,558 - - (70,558) Total revenues 335,358 393,008$ 4,354$ 195,126$ (197,882)$ EXPENDITURES Capital Outlay City Council 2,231$ 2,231$ -$ 2,231$ 0$ General Admin - 27,300 - 12,300 15,000 Finance - 181,000 1,625 22,014 158,986 IT 35,000 31,325 - 31,325 - Police 148,577 529,798 1,050 117,218.26 412,580 Fire 182,479 522,129 396,090 446,420 75,709 Public Works 4,381,952 4,381,952 10,622 1,235,930 3,146,022 Parks & Recreation 1,198,514 1,856,164 1,966 18,366 1,837,798 Community Development 282,320 484,435 - 154,918 329,517 Total Capital Outlay 6,231,073$ 8,016,334$ 411,354$ 2,040,722$ 5,975,612$ Excess of revenues over expenditures (5,895,715) (7,623,326) (406,999) (1,845,596) (6,173,494) OTHER FINANCING SOURCES (USES) City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2010 Transfers in from General Fund 1,085,400$ 2,376,511$ -$ -$ (2,376,511)$ Lease Proceeds - 446,500 - 20,500 (426,000) Budgeted Fund Balance 4,810,315 4,800,315 - - (4,800,315) Total other financing sources and uses 5,895,715 7,623,326 - 20,500 (7,602,826) Net change in fund balances - - (1,825,096) Fund balances - beginning 4,900,109 Fund balances - ending -$ -$ 3,075,013$ Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Transportation Master Plan 348,048$ 121,741$ -$ 119,485$ (2,256)$ GDOT HPP Funds - 1,265,184 65,290 106,079 (1,159,105) Bathroom Renovation - - - - - Interest Revenues - - - - - Contributions & Donations - - - - - Total revenues 348,048$ 1,386,925$ 65,290$ 225,564$ (1,161,361)$ EXPENDITURES Capital Outlay Public Works 1,828,578$ 1,629,013$ 14,172$ 194,178$ 1,434,835$ Total Capital Outlay 1,828,578$ 1,629,013$ 14,172$ 194,178$ 1,434,835$ Excess of revenues over expenditures (1,480,530) (242,088) 51,118 31,387 273,475 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 178,240$ -$ -$ -$ -$ Budgeted Fund Balance 1,302,290 242,088 - - (242,088)$ Total other financing sources and uses 1,480,530$ 242,088$ -$ -$ (242,088)$ Net change in fund balances - - 31,387 Fund balances - beginning 804,804 Fdbl di $$836 191$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2010 Fund balances - ending -$ -$ 836,191$ City of Milton 13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: September 20, 2010 Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and Bank of North Georgia to Initiate Debit and Credit Entries through the Automated Clearing House Network Background: The City currently utilizes two different methods of payments to vendors: by check or by purchasing card. In an effort to streamline the accounts payable process, we have looked beyond the typical payment methods and researched other options. One of the most efficient and cost effective that we found is paying through the Automated Clearing House Network (ACH). Discussion: When paying vendors with checks, there are several steps that are involved: matching the invoices up with the check; sending the checks to the appropriate individuals to be signed; folding and stuffing the checks into envelopes, and; mailing them off to the vendor. Since the processing of the checks depends on the availability of several key people and since the delivery of mail can be fickle, the payments may arrive late and interest can be charged to the City. By utilizing ACH payments, we will be able to cut out a majority of the time-consuming processing and have better control over when the payments arrive to the vendors. We can then redirect the employees’ time to other important duties. There are minimal charges associated with ACH transactions; however, the cost is offset by the efficiency gained. Legal Review: Paul Higbee, Jarrard & Davis on September 2, 2010 Attachments: ACH Origination Agreement with the Bank of North Georgia 1 Bank of North Georgia CORPORATE CASH MANAGEMENT ACH ORIGINATION AGREEMENT THIS AGREEMENT, dated as of ____________________is made between the City of Milton, Georgia ("Customer") and BANK OF NORTH GEORGIA, a Division of Synovus Bank ("Bank"), and said parties hereby agree as follows. RECITALS A. Customer wishes to initiate Credit and Debit Entries for processing through the network of the Automated Clearing House Network ("ACH") pursuant to the terms of this Agreement and the rules of the National Automated Clearing House Association, as such may be amended from time to time (the "Rules"), and Bank is willing to act as an Originating Depository Financial Institution with respect to such Entries. B. Unless otherwise defined herein, capitalized terms shall have the meanings provided in the Rules. The term "Entries" shall have the meaning provided in the Rules and shall also mean the data received from Customer hereunder from which Bank prepares Entries. AGREEMENT 1. Transmittal of Entries by Customer; Dollar Limitations. a) Customer shall transmit Credit Entries and Debit Entries (solely of the types Specified in Schedule G hereto attached) to Bank's processing agent as designated by Synovus Financial Corp., ACH Operations Department, 1100 Fifth Avenue, Columbus, GA. 31901. Such transmission shall be in compliance with the formatting and other requirements of the National Automated Clearing House Association ("NACHA") set forth in Schedule A attached hereto. b) The total dollar amount of Credit Entries transmitted by Customer to Bank on any one day shall not exceed $300,000, and the total dollar amount of Debit Entries transmitted by Customer to Bank on any one day shall not exceed $ N/A. In view of the potential for fraud occurring with regard to ACH Transactions, Bank retains the absolute right to modify the aforesaid daily amount of Credit Entries and/or Debit Entries allowed to be transmitted by Customer, in Bank’s sole discretion, any such changes to be effective immediately upon the giving of notice of such change by Bank to Customer by telephone, electronic or facsimile transmission or by United State Mail, as shall be determined by Bank. Customer acknowledges that the lowering of daily Entries permitted to be transmitted by Customer hereunder may reduce the total dollar exposure which could occur as a result of any fraud involving such Entries. It is further understood and agreed by Customer that although Bank has the right to adjust the aforesaid dollar limitations of Entries transmitted by Customer, Bank shall have no obligation to adjust such limits unless Customer requests by written notice to Bank that any such limits be decreased. 2. Security Procedure. Customer and Bank shall comply with the security procedure requirements described in Schedule B attached hereto with respect to Entries transmitted by Customer to Bank. ACHORG.061207 - 1 - Bank of North Georgia 3. Processing, Transmittal and Settlement by Bank. (a) Except as provided in Sections 4 and 5, Bank shall (i) process Entries received from Customer to conform with the file specifications set forth in the Rules, (ii) transmit such Entries as an Originating Depository Financial Institution to a Federal Reserve Bank, acting as an Automated Clearing House Operator (the "ACH Operator"), and (iii) settle for such Entries as provided in the Rules. (b) Bank shall transmit such Entries to the ACH Operator by the deadline of the ACH Operator at least one business day prior to the Effective Entry Date shown in such Entries, provided (i) such Entries are received by Bank's related cut-off time set forth in Schedule C on a business day, (ii) the Effective Entry Date is at least one business day after such business day, and (iii) the ACH Operator is open for business on such business day. For purposes of this Agreement, (x) a "business day" is a day on which Bank is open to the public for carrying on substantially all of its business other than a Saturday or Sunday, and (y) Entries shall be deemed received by Bank, in the case of transmittal by tape, when received by Bank's agent as provided in Section 1 above, and in the case of electronic transmission, when the transmission (and compliance with any related security procedure provided for herein) is complete and concluded. (c) If any of the requirements of clause (i), (ii), or (iii) of Section 3(b) is not met, Bank shall use reasonable efforts to transmit such Entries to the ACH Operator by the next deposit deadline of the ACH Operator following that specified in Schedule C which is a business day and a day on which the ACH Operator is open for business. 4. On-Us Entries. Except as provided in Section 5, in the case of an Entry received for credit or debit to an account maintained with Bank (an "On-Us Entry"), Bank shall credit or debit the Receiver's account in the amount of such Entry on the Effective Entry Date contained in such Entry, provided the requirements set forth in clauses (i) and (ii) of Section 3(b) are met. If either of those requirements is not met, Bank shall use reasonable efforts to credit the Receiver's account in the amount of such Entry on the next business day following such Effective Entry Date. 5. Rejection of Entries. Bank shall reject any entry that does not comply with the requirements of Section 1 or 2. Bank shall have the right to reject an On-Us Entry for any reason for which an Entry may be returned under the Rules. Bank shall have the right to reject any Entry if customer has failed to comply with any prefunding requirement imposed under Section 9 or with its account balance obligations under Section 10. Bank shall notify Customer by telephone or electronic transmission of such rejection no later than the business day such Entry would otherwise have been transmitted by Bank to the ACH Operator or, in the case of an On-Us entry, its Effective Entry Date. Bank shall have no liability to Customer by reason of the rejection of any such Entry or the fact that such notice is not given at an earlier time than that provided for herein. ACHORG.061207 - 2 - Bank of North Georgia 6. Customer’s Obligations Regarding Prenotification Transactions. (a) Under Section 2.3 of the Rules, Customer, at its option, may send a prenotification prior to the initiation of the first entry to a Receiver or a Receiver’s account with an RDFI and Customer acknowledges that it is responsible for Entries that are misrouted to incorrect accounts as a result of Customer having chosen not to send a prenotification. (b) Customer acknowledges that if a prenotification is returned by the ACH Operator, then the RDFI has never received the prenotification and Customer must make necessary corrections prior to transmitting any additional Entries. If an RDFI returns a prenotification, then Customer shall not initiate any Entries to the particular Receiver’s account without making corrections necessitated by the Return Entry, and if the prenotification results in the receipt by Bank of a Notification of Change (“NOC”), customer shall initiate no additional Entries to the account of the particular Receiver until the requested changes contained in the NOC have been made by Customer. 7. Cancellation Or Amendment By Customer. Customer shall have no right to the cancellation or amendment of any Entry after its receipt by Bank. However, Bank shall use reasonable efforts to act on a request by Customer for cancellation of an Entry prior to transmitting it to the ACH Operator or, in the case of an On-Us Entry, prior to crediting or debiting a Receiver's account, provided such request complies with the security procedures set forth in Schedule B for cancellation of Data, but Bank shall have no liability if such cancellation is not effected. 8. Notice Of Returned Entries. Bank shall notify Customer by electronic transmission of the receipt of a returned entry from the ACH Operator no later than one business day after the business date of such receipt. Except for an Entry retransmitted by Customer in accordance with the requirements of Section 1, Bank shall have no obligation to retransmit a returned Entry with respect to the original Entry. 9. Payment. Customer shall pay Bank the amount of each Entry transmitted by Bank pursuant to this Agreement at such time on the Settlement Date with respect to such Entry as Bank, in its discretion, may determine, and the amount of each On-Us Entry at such time on the Effective Entry Date of such Entry as Bank, in its discretion, may determine; Provided, however, that Bank may require Customer to prefund any Entry by paying the full amount thereof to Bank at the time such Entry is requested or initiated by Customer if Bank, in its discretion reasonably exercised in light of existing circumstances, shall deem it risky or imprudent to await payment on any later date. 10. The Account. (a) Bank may, without prior notice of demand, obtain payment of any amount due and payable to it under this Agreement by debiting the account(s) of Customer (except as prohibited by law, including, but not limited to, the Customer’s Confiscated Assets Fund account and the Customer’s Excess Funds from Property Tax Sales account) identified in Schedule D attached hereto (the "Account"), and shall credit the Account for any amount received by Bank by reason of the return of an Entry transmitted by Bank for which Bank has previously received payment from Customer. Such credit shall be made as of the day of such receipt by Bank. (b) Customer shall, at all times, maintain a balance of available funds in the Account sufficient to cover its payment obligations under this Agreement. ACHORG.061207 - 3 - Bank of North Georgia (c) In the event there are not sufficient available funds in the Account to cover Customer's obligations under this Agreement, Customer agrees that Bank may debit any other account maintained by Customer (except as prohibited by law, including, but not limited to, the Customer’s Confiscated Assets Fund account and the Customer’s Excess Funds from Property Tax Sales account) with Bank or any affiliate of Bank or that Bank may exercise its right of set off against any amount it owes to Customer, in order to obtain payment of Customer's obligations under this Agreement. (d) Customer acknowledges that Bank has the right to establish criteria concerning Entries initiated by Customer and to monitor compliance with such criteria, to include matters such as permissible return rates, and Customer agrees that should Bank’s criteria not be met, Bank is authorized to freeze the assets in Customer’s Account until such time as such criteria are met, and in such event, Bank also shall have the right to cease further processing of Entries initiated by Customer until such criteria are met and Customer is fully in compliance with the provisions of this Agreement, the Rules and applicable law. 11. Account Reconciliation. Entries transmitted by Bank or credited/debited to a Receiver's account maintained with Bank will be reflected on Customer's periodic statement issued by Bank with respect to the Account pursuant to the pertinent deposit agreement between Bank and Customer. Customer agrees to notify Bank promptly of any discrepancy between Customer's records and the information shown on any such periodic statement. If Customer fails to notify Bank of any such discrepancy within thirty (30) days of receipt of a periodic statement containing such information, Customer agrees that Bank shall not be liable for any other losses resulting from Customer's failure to give such notice or any loss of interest with respect to an Entry shown on such periodic statement. If Customer fails to notify bank of any such discrepancy within thirty (30) days of receipt of such periodic statement, Customer shall be precluded from asserting such discrepancy against Bank. 12. Customer Representations and Agreements. (a) Customer represents to Bank and agrees that (i) each person shown as the Receiver on an Entry received by Bank from Customer has authorized the initiation of such Entry and the crediting or debiting of its account in the amount and on the Effective Entry Date shown on such Entry, (ii) such authorization is operative at the time of transmittal, crediting or debiting by Bank as provided herein, (iii) Entries transmitted to Bank by Customer are limited to the types of Credit Entries and Debit Entries set forth in Schedule G, (iv) Customer shall perform its obligations under this Agreement in accordance with all applicable laws and regulations, and (v) Customer shall be bound by and comply with the Rules as in effect from time to time, including, without limitation, the provision thereof making payment of an Entry by the RDFI to the Receiver provisional until receipt by the RDFI of final settlement for such Entry; and specifically acknowledges that it has received notice of that Rule and of the fact that, if such settlement is not received, the RDFI shall be entitled to a refund from the Receiver of the amount credited and Customer shall not be deemed to have paid the Receiver the amount of the Entry. (b) Customer acknowledges and agrees that its existing and ongoing creditworthiness is an essential prerequisite to Bank's acceptance and processing of Entries initiated by Customer hereunder. To enable Bank to determine and monitor such creditworthiness, Customer shall furnish Bank with financial statements which at all times will reflect Customer's three most recent fiscal years. Unless waived by Bank or heretofore furnished by Customer, such statements for the three fiscal years ending next prior to the date hereof shall be furnished for Bank's consideration before any Entry is initiated ACHORG.061207 - 4 - Bank of North Georgia by Customer hereunder. Statements for each subsequent fiscal year ending after the date hereof shall be furnished to Bank within 90 days after the close of such fiscal year. Statements for each fiscal year shall fairly present in all material respects the financial condition of Customer at the close of such fiscal year in conformity with generally accepted accounting principles, and, if required by Bank, shall be prepared by independent certified public accountants acceptable to Bank, at Bank’s sole expense. Also, Customer shall promptly furnish any and all other reports and information from time to time reasonably requested by Bank with respect to Customer's financial condition and operations. (c) Customer agrees that in the event any fine, penalty or other liability (collectively “Fines”) shall be imposed or assessed by NACHA against Bank as a result of the violation of any of the Rules, should such violation result from any action or inaction on the part of Customer or any violation by Customer of any provision of this Agreement or of any provision of the Rules, then, unless otherwise prohibited by the Rules, Customer shall immediately upon notification by Bank reimburse Bank for the full amount of all such Fines, and should Customer fail immediately to reimburse Bank for the full amount of such Fines, Bank, in its sole discretion, shall have the right to debit Customer’s Account or any other account (except as prohibited by law, including, but not limited to, the Customer’s Confiscated Assets Fund account and the Customer’s Excess Funds from Property Tax Sales account) maintained by Customer with Bank or any affiliate of Bank for the full amount of all such fines. 13. Liability of Bank; Limitations On Bank’s Liability; Indemnity by Customer. (a) Bank shall be responsible only for performing the services expressly provided for in this Agreement, and shall be liable only for its negligent or willful acts in performing those services. Bank shall not be responsible for Customer's acts or omissions (including without limitation the amount, accuracy, timeliness of transmittal or due authorization of any Entry received from Customer) or those of any other person, including without limitation any Federal Reserve Bank or transmission or communications facility, any Receiver or RDFI (including without limitation the return of an Entry by such Receiver or RDFI), and with the exception of Synovus Financial Corp., no such person shall be deemed to be Bank's agent. (b) In no event shall Bank be liable for any consequential, special, punitive or indirect loss or damage which Customer may incur or suffer in connection with this Agreement, including without limitation, loss or damage from subsequent wrongful dishonor resulting from Bank's acts or omissions pursuant to this Agreement. (c) Without limiting the generality of the foregoing provisions, Bank shall be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond Bank's control. In addition, Bank shall be excused from failing to transmit or delay in transmitting an Entry if such transmittal would result in Bank's having exceeded any limitation upon its intra-day net funds position established pursuant to present or future Federal Reserve guidelines or in Bank's otherwise violating any provision of any present or future risk control program of the Federal Reserve or any rule or regulation of any other U.S. governmental regulatory authority. (d) Subject to the foregoing limitations, Bank's liability (if any) for loss of interest resulting from its error or delay shall be calculated by using a rate equal to the average Federal ACHORG.061207 - 5 - Bank of North Georgia Funds rate at the Federal Reserve Bank of Atlanta for the period involved. At Bank's option, payment of such interest may be made by crediting the Account. 14. Compliance With Security Procedure. (a) If an Entry (or a request for cancellation of an Entry) received by Bank purports to have been transmitted or authorized by Customer, it will be deemed effective as Customer's Entry (or request) and Customer shall be obligated to pay Bank the amount of such Entry as provided herein even though the Entry (or request) was not authorized by Customer, provided Bank acted in compliance with the security procedure referred to in Schedule B with respect to such Entry. If signature comparison is to be used as a part of that security procedure, Bank shall be deemed to have complied with that part of such procedure if it compares the signature accompanying a file of Entries (or request for cancellation of an Entry) received with the signature of an authorized representative of Customer (an "Authorized Representative") and, on the basis of such comparison, believes the signature accompanying such file to be that of such authorized representative. (b) If an Entry (or request for cancellation of an Entry) received by Bank was transmitted or authorized by Customer, Customer shall be obligated to pay the amount of the Entry as provided herein, whether or not Bank complied with the security procedure referred to in Schedule B with respect to that Entry and whether or not that Entry was erroneous in any respect or that error would have been detected if Bank had complied with such procedure. 15. Inconsistency Of Name and Account Number. Customer acknowledges and agrees that, if an Entry describes the Receiver inconsistently by name and account number, credit or debit of the Entry transmitted by Bank to the Receiving Depository Financial Institution might be made by the Receiving Depository Financial Institution (or by Bank in the case of an On-Us Entry) on the basis of the account number even if it identifies a person different from the named Receiver, and that Customer's obligation to pay the amount of the Entry to Bank is not excused in such circumstances. 16. Notification Of Changes; Responsibility of Customer Regarding Refused Notifications of Changes. Bank shall notify Customer of all NOCs received by Bank related to Entries transmitted by Customer by mail or electronic transmission no later than one business day after receipt thereof by Bank. If Customer desires to refuse an NOC, then Customer must provide to Bank the reason for the refusal of the NOC, along with the applicable Reason Code as specified in the Rules in order for Bank to notify the RDFI that the NOC has been refused. Customer agrees to familiarize itself with all the provisions of the Rules regarding refused NOCs and to comply fully therewith. 17. Payment for Services. Customer shall pay Bank the charges for the services provided for herein set forth in Schedule E attached hereto. Such charges do not include any sales, use, excise, value added, utility or other similar taxes relating to the services provided for herein, the payment of all of said taxes being the sole responsibility of Customer. In addition, such charges do not include the fees or charges provided for under the deposit or other agreement(s) between Bank and Customer with respect to the Account (the "Account Agreement"). 18. Amendments. ACHORG.061207 - 6 - Bank of North Georgia From time to time Bank may amend any of the terms and conditions contained in this Agreement, including without limitation, any cut-off time, any business day, and any part of Schedules A through E attached hereto. Such amendments shall become effective ten (10) days after receipt of notice by Customer, or such later date as may be stated in Bank's notice to Customer. 19. Notices, Instructions, Etc. (a) Except as otherwise expressly provided herein, Bank shall not be required to act upon any notice or instruction received from Customer or any other person, or to provide any notice or advice to Customer or any other person with respect to any matter. (b) (b) In all dealings and involvements with Entries from origination through final settlement (including but not limited to the initiation, transmittal and processing of Entries, notifications of rejected or returned Entries, requests for cancellation of Entries, notification of changes, and notification of debiting or crediting the Account), Bank and Customer shall each be entitled to rely on any notice, instruction or other communication believed by it in good faith to be genuine and to come from an Authorized Representative (i) in writing signed by such Authorized Representative, or (ii) by telephone, electronic or facsimile transmission. The names, titles, telephone numbers, email addresses and signatures of Customer’s Authorized Representatives are set forth in Schedule F attached hereto. Either party may add or delete any Authorized Representative by written notice to the other party signed by at least one Authorized Representative of the notifying party, other than that being added or deleted. Such notice regarding addition or deletion of an Authorized Representative shall be effective on the second business day following the day of receipt thereof. ACHORG.061207 - 7 - Bank of North Georgia (c) In all other matters, and except as otherwise expressly provided herein, any written notice or other written communication required or permitted to be given under this Agreement shall be delivered, or sent by United States registered or certified mail, postage prepaid, or by express carrier, and, if to Bank, addressed to: Bank of North Georgia P O Box 1407 Alpharetta, GA 30009 Attention: Cash Management and, if to Customer, addressed to: Customer Name: City of Milton ADDRESS: 13000 Deerfield Pkwy, Suite 107G City / State / ZIP: Milton, GA 30004 Attention: Stacey Inglis Unless another address is substituted by notice delivered or sent as provided herein. Except as otherwise expressly provided herein, any such notice shall be deemed given when received. 20. Books and Records; Data Retention. (a) General: Customer shall maintain books of account and records, in accordance with standard accounting practices and procedures, of all transactions pertaining to its obligations under this Agreement for a period not less than the period legally required for the retention of such records, and after such time until Bank shall be offered a reasonable opportunity to copy such records prior to the destruction thereof. Bank may, at its own expense and upon reasonable prior notice to Customer, have full access to and the right to inspect and copy the books and records of Customer pertaining to its obligations under this Agreement and all transactions initiated by Customer under the terms of this Agreement. Without limiting the generality of the foregoing, Customer acknowledges that under the Rules, Customer is required to retain either the original or a microfilm or microfilm-equivalent copy of each authorization of a Receiver for not less than two (2) years after the termination or revocation of the authorization. In the case of TEL Entries, Customer acknowledges that Customer must retain the original or a microfilm or microfilm-equivalent copy of the written notice given by Customer to the consumer confirming the consumer’s oral authorization or an original or a duplicate copy of the tape recording of the oral authorization from the consumer to Customer for not less than two (2) years from the date of the authorization. Upon request by Bank, Customer agrees to provide such originals or copies of authorizations within five (5) business days after such request to Bank for Bank’s own use or for Bank to provide to the RDFI which has requested such originals or copies from Bank. (b) Data Retention to Permit Remaking of Entries: Customer shall retain data on file adequate to permit remaking of Entries for fifteen business days following the date of their transmittal by Bank as provided herein, and shall provide such data to Bank upon its request. 21. Special Provisions Governing Internet-Initiated Entries. The following additional provisions, supplemental to the remaining portion of this Agreement, shall apply with regard to debit Entries to consumer accounts initiated by Customer pursuant to authorization obtained from the consumer by Customer via the Internet. These Entries are identified by the Standard Entry Class Code “WEB.” ACHORG.061207 - 8 - Bank of North Georgia (a) Customer agrees to comply with all of the Rules pertaining to WEB Entries. Customer warrants and represents that no WEB Entries shall be initiated by Customer without prior authorization thereof by the consumer/Receiver. (b) Customer warrants and represents that each transaction involving a WEB Entry will be handled in a commercially reasonable manner, including the utilization by Customer of commercially reasonable fraudulent transaction detection systems, security technology to establish a secure Internet session and procedures to verify the validity of the RDFI’s routing number. Such system utilized by Customer shall be of a quality technologically equal to or exceeding the systems utilized by similarly situated Originators conducting similar types of transactions. In connection therewith, Customer shall authenticate the consumer/Receiver, deploy a secured Internet session using an encryption which is commercially reasonable and conduct a security audit to insure that the consumer’s / Receiver’s data is stored in a secured manner. (c) Customer shall fully comply with all of the Rules pertaining to audits of the security of Customer’s website, to include an annual (or more frequent) audit to insure that the financial information of a consumer/Receiver is protected by security practices insuring adequate levels of physical security, personnel and access controls to protect against unauthorized access and use, and network security to insure secure capture, storage and distribution of financial information. With regard to said audits, Customer, at a minimum, shall audit the components of website security as outlined in the Rules and the section of the NACHA Guide regarding the implementation of the Rules and Operating Guidelines. Customer shall provide to Bank a written verification of Customer’s annual security audit detailing the procedures utilized by Customer. Bank may decline to transmit any WEB Entries for Customer should Customer fail to conduct such annual security audit or fail to provide verification thereof acceptable to Bank or should Customer otherwise fail to comply with any provision hereof regarding the transmitting of WEB Entries. (d) Exposure Limit for Customer: With regard to the WEB Entries initiated by Customer on any given day, Customer shall have an aggregate exposure limit of $ ZERO for all such WEB Entries initiated on such day. Said daily exposure limit for WEB Entries shall be subject to periodic review and modification by Bank, any such modification to be effective upon receipt of notice thereof by Customer from Bank or at such later date as Bank may specify in any such notice to Customer. 22. Special Provisions Governing Telephone Initiated Entries. The following additional provisions, supplemental to the remaining portion of this Agreement, shall apply with regard to single debit Entries to consumer accounts initiated by Customer pursuant to an authorization obtained from the consumer by Customer orally via the telephone. These Entries are identified by the Standard Entry Class Code “TEL.” (a) Customer agrees to comply with all of the Rules pertaining to TEL Entries. Customer warrants and represents that no TEL Entries shall be initiated by Customer without prior authorization thereof by the consumer/Receiver. (b) Customer acknowledges and agrees that: (i) under the Rules, a TEL Entry is a single debit entry authorized by the consumer orally via telephone for the payment of goods or services; (ii) Customer may not utilize the TEL Code to transmit credit Entries to the consumer’s account, with the exception of reversals; (iii) a TEL Entry may only be transmitted either when there is an existing relationship between Customer and the consumer/Receiver or when there is not such an existing relationship, in circumstances in which the consumer has initiated the telephone call to Customer. Under the Rules, an existing relationship between Customer and the consumer exists only when there is a ACHORG.061207 - 9 - Bank of North Georgia written existing agreement in effect between Customer and consumer for the provision of goods or services by Customer to the consumer or when the consumer has purchased either goods or services from Customer within the two-year period immediately preceding a TEL Entry. Customer acknowledges that if there is no existing relationship between Customer and the consumer, if Customer initiates a telephone call to the consumer, a TEL Entry may not be used. Customer also acknowledges that if Customer intends to provide written notice to the consumer confirming the oral authorization, then during the telephone call with the consumer, Customer must disclose to the consumer the method by which such written notice will be provided, which method cannot utilize an email communication. Furthermore, an oral authorization as envisioned by the Rules does not include key-entry responses by the consumer to input data or to respond to questions. Customer further acknowledges and agrees that since TEL Entries are single entry debits, Customer must obtain a separate oral authorization from the consumer for each debit entry made to that consumer’s account. (c) Customer further acknowledges and agrees that under the Rules, during the telephone call during which the authorization of the consumer is received by Customer, at a minimum, the following specific information must be disclosed to the consumer: (i) the date on or after which the debit will be made to the consumer’s account; (ii) the amount of the debit entry to the consumer’s account; (iii) the consumer’s name; (iv) a telephone number which the consumer may call to make inquiries during normal business hours; (v) the date of the oral authorization given by the consumer; and (vi) a statement by Customer that the oral authorization obtained from the consumer/Receiver is for a single ACH debit Entry to the consumer’s account. Customer further acknowledges and agrees that Customer is required under the Rules either to (i) tape record the oral authorization by the consumer, or (ii) provide the consumer with a written notice confirming the oral authorization, said notice to be provided prior to the Settlement Date of the debit entry. Customer agrees not to initiate any TEL Entries under this Agreement unless Customer has fully complied with the above and foregoing requirements and all other provisions of the Rule applicable to TEL Entries. (d) Customer warrants and represents that in connection with TEL Entries initiated by Customer, Customer shall utilize commercially reasonable procedures to verify the consumer’s name, address, telephone number and identity, as well as commercially reasonable procedures to verify that routing numbers are valid. Customer shall provide to Bank a written description of the procedures so utilized by Customer. (e) Exposure Limit for Customer: With regard to the TEL Entries initiated by Customer on any given day, Customer shall have an aggregate exposure limit of $ ZERO for all such TEL Entries initiated on such day. Said daily exposure limit for TEL Entries shall be subject to periodic review and modification by Bank, any such modification to be effective upon receipt of notice thereof by Customer from Bank or at such later date as Bank may specify in any such notice to Customer. 23. Termination. Customer may terminate this Agreement at any time. Such termination shall be effective on the second business day following the day of Bank's receipt of written notice of such termination or such later date as may be specified in that notice. Bank reserves the right to terminate this Agreement immediately upon providing written notice of such termination to Customer. Any termination of this Agreement shall not affect any of Customer's obligations arising prior to such termination and such termination shall not affect any liability of Customer of any nature ACHORG.061207 - 10 - Bank of North Georgia whatsoever arising from or relating in any respect to any Entry initiated by Customer prior to such termination or to any transaction or event which occurred prior to such termination. 24. Compliance with Rules and Regulations of the Office of Foreign Assets Control. Customer acknowledges and that the ACH is subject to the statutory provisions pertaining to, and the rules and regulations issued by, the Office of Foreign Assets Control (“OFAC”), such statutory provisions, rules and regulations being collectively hereinafter referred to as the “OFAC Rules.” Customer acknowledges that it has access to the OFAC Rules and will comply with all provisions thereof. In that regard, Customer warrants and represents that neither Customer nor any Receiver from whom authorization has been obtained by Customer to initiate an Entry is on the list issued by OFAC known as the Specifically Designated Nationals and Blocked Persons List (“SDN List”). The United States Department of Treasury (“DOT”) periodically updates the SDN List. Said updates may be obtained by accessing the DOT website at www.treas.gov/ofac. It is the sole responsibility of Customer to obtain the most recent updates to the SDN List and to assure that any Receiver from whom authorization has been obtained by Customer to initiate an Entry is not on the SDN List. As between Customer and Bank, notwithstanding any other provision of this Agreement to the contrary, Customer shall be fully liable for all violations by Customer of the OFAC Rules, and, without limiting the generality of the foregoing, Customer shall immediately reimburse Bank for the amount of any liability of any nature whatsoever imposed upon Bank by OFAC or under the OFAC Rules resulting from either Customer or any Receiver authorizing Customer to initiate an Entry being on the SDN List. 25. Entire Agreement. This Agreement (including the Schedules attached hereto), together with the Account Agreement and such, if any, Business OnLine Access Agreement between Customer and Bank, constitutes the complete and exclusive statement of the agreement between Bank and Customer with respect to the subject matter hereof and supersedes any prior agreement(s) between Bank and Customer with respect to such subject matter. In the event of any inconsistency between the terms of this Agreement and the Account Agreement, the terms of this Agreement shall govern. In the event performance of the services provided herein in accordance with the terms of this Agreement would result in a violation of any present or future statute, regulation or government policy to which Bank is subject, and which governs or affects the transactions contemplated by this Agreement, then this Agreement shall be deemed amended to the extent necessary to comply with such statute, regulation or policy, and Bank shall incur no liability to Customer as a result of such violation or amendment. 26. Non-Assignment. Customer may not assign this Agreement or any of the rights or duties hereunder to any person without Bank's prior written consent, which may be withheld by Bank in its sole and unlimited discretion. 27. Binding Agreement; Benefits. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and permitted assigns. This Agreement is not for the benefit of any other person other than the parties hereto, and no person shall have any right against Bank or Customer hereunder. ACHORG.061207 - 11 - Bank of North Georgia 28. Headings. Headings are used for referenced purposes only and shall not be deemed a part of this Agreement. 29. Governing Law. This Agreement shall be construed in accordance with and governed by the Rules and the laws of the State of Georgia. . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives. CUSTOMER: City of Milton, Georgia By: Name: Joe Lockwood Title: Mayor BANK OF NORTH GEORGIA, a Division of Synovus Bank By: Name: Title: ACHORG.061207 - 12 - Bank of North Georgia SCHEDULE A NACHA FILE LAYOUT NACHA file layout is required. It is understood that the file layout requirements set forth are subject to changes and amendments that might be made from time to time by NACHA, and that such changes and amendments will be binding upon Bank and Customer if and when made. Bank shall promptly notify Customer of any such changes or amendments. NACHA FILE LAYOUT PROVIDED UPON REQUEST - A1 - ACHORG.061207 - 13 - Bank of North Georgia SCHEDULE B SECURITY Data Security requirements are described as follows: 1. Customer's transmitted data on tape shall be data encrypted. 2. Customer’s transmission procedures shall include password access or dial back authentication. 3. Customer is responsible for establishing and maintaining internal procedures to safeguard against unauthorized transmissions of Entries to Bank. Customer represents to Bank that no individual will be permitted to initiate any Entries in the absence of appropriate supervision and safeguards, and Customer shall protect and maintain the confidentiality of all passwords, codes and security devices utilized in connection with the transmission of Entries to Bank by Customer. Should Customer believe or suspect a breach of security of any nature regarding the transmission of such Entries to Bank, Customer shall immediately notify Bank by telephone or electronically and shall follow such notification with written confirmation of the details thereof. Any such unauthorized access shall not affect any transfers made by Bank prior to receipt of such notification from Customer and within a reasonable period of time thereafter. Customer specifically acknowledges that security procedures are for the verification of authenticity and are not designed to detect errors in transmissions or in the content of any Entry transmitted by Customer to Bank. 4. Other security procedures may be as mutually agreed by Customer and Bank from time to time in writing. - B1 - ACHORG.061207 - 14 - Bank of North Georgia SCHEDULE C Input (Origination) Schedule 1. With the exceptions specified below in paragraphs 3 and 4, the Bank's cut-off time for receiving ACH debit and credit Entries from the Customer is 5:00 p.m. Eastern Standard Time, on any business day. 2. The Effective Entry Date is defined as the date that the Customer anticipates the Entries to settle against the Receivers account. Bank must receive ACH debit and credit Entries from Customer for all ACH types (both debits and credits) one (1) business day prior to the Effective Date except for the ACH types listed in items 3 & 4 below. 3. The Bank's cut-off time for receiving ACH Book Transfers from the Customer is 5:00 p.m. Eastern Standard Time, on the Effective Entry Date. 4. The Bank's cut-off time for receiving Direct Deposit debit or credit Entries from the Customer is 5:00 p.m. Eastern Standard Time, two business days prior to the Effective Entry Date. - C1 - ACHORG.061207 - 15 - Bank of North Georgia SCHEDULE D THE ACCOUNT(S) The following deposit account(s) currently maintained by Customer with Bank: Account Name Account Number _Accounts Payable ______________________ _010-004-421-3______ ______________________________________ __________________ ______________________________________ __________________ ______________________________________ __________________ ______________________________________ __________________ ______________________________________ __________________ ______________________________________ __________________ ______________________________________ __________________ ______________________________________ __________________ ______________________________________ __________________ - D1 - ACHORG.061207 - 16 - Bank of North Georgia SCHEDULE E FEES The Customer agrees to pay the Bank fees for services as follows: * Per Transmission $ 6.00 * Per Item $ 0.13 * Per Return Item $ 5.00 * Per Notice of change Item $ 5.00 * Per Deletion (file) $ 20.00 * Per Reversal (file) $ 30.00 * The service charges indicated above shall be included in the service charge Account analysis on each Customer’s Business Account Analysis checking account. - E1 - ACHORG.061207 - 17 - Bank of North Georgia ACHORG.061207 - 18 - SCHEDULE F BANK'S AND CUSTOMER’S AUTHORIZED REPRESENTATIVES Bank's: Initially, and until Customer is otherwise notified in writing, Bank's Authorized Representatives shall include each of the following officers of Synovus Financial Corp. (Bank's current processing agent): Signature: ** Signature on file Printed Name: Diana Hudson Title: Operations Manager Telephone: 706-644-9370 Facsimile: 706-649-4707 Email: dhudson@synovus.com Signature: ** Signature on file Printed Name: Lynne Thomaston Title: Operations Analyst Telephone: 706-644-7977 Facsimile: 706-649-4707 Email: ritaguess@sti.synovus.com Signature: ** Signature on file Printed Name: Kristy Dixon Powell, AAP Title: ACH Risk Manager Telephone: 229-430-7081 Facsimile: 229-430-5379 Email: kristypowell@synovus.com Signature: Printed Name: Title: Telephone: Facsimile: Email: Customer's: Initially, and until Bank is otherwise notified in writing, Customer's Authorized Representatives shall include each of the following: Signature: Printed Name: Stacey Inglis Title: Finance Director Telephone: 678.242.2508 Facsimile: 678.242.2499 Email: stacey.inglis@cityofmiltonga.us Signature: Printed Name: Jared Erni Title: Disbursement Specialist Telephone: 678.242.2510 Facsimile: 678.242.2499 Email: jared.erni@cityofmiltonga.us Signature: Printed Name: Rick Pearce Title: Budget & Procurement Coordinator Telephone: 678.242.2511 Facsimile: 678.242.2499 Email: rick.pearce@cityofmiltonga.us Signature: Printed Name: Dawn Troke Title: Accountant Telephone: 678.242.2568 Facsimile: 678.242.2499 Email: dawn.troke@cityofmiltonga.us - F1 - Bank of North Georgia SCHEDULE G Approved ACH Types TYPE DAILY LIMIT CCD Book Transfer $ CCD Cash Concentration $ CCD Cash Disbursement $ CCD Child Support $ PBR Consumer Cross Border $ PPD Consumer w/Offsets $ CCD Corporate $ CBR Corporate Cross Border $ CCD Corporate w/Offsets $ PPD Direct Deposit $ PPD Pre-authorized $ RCK Represented Check Entry $ CCD Tax Payments $ TEL Telephone Initiated Entry $ CTX Vendor(includes EDI) $ WEB Web Initiated Entry $ ACH TOTAL $- - G1 - ACHORG.061207 - 19 - City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Cyndee L. Bonacci, Parks and Recreation Director Submission Date: September 8, 2010 Meeting Date: September 20, 2010 Agenda Item: Approval of a Parks and Recreation Event License Agreement Between the City of Milton and Kolleen Riddick of CorePhysique to Offer Fitness Camp Classes at Bell Memorial Park Background: The Parks and Recreation Department is eager to begin offering programs and additional services to the citizens of Milton. Many of these programs may be offered by outside providers through a license agreement with the City of Milton based on a submitted program proposal rather than offering these programs through a paid independent contractor or a paid employee of the City. Discussion: Kolleen Riddick, owner and founder of CorePhysique, submitted a proposal on July 7, 2010 to begin offering fitness camp classes at Bell Memorial Park this fall. I have reviewed her proposal, checked her credentials and qualifications, and received a copy of her business license and liability insurance coverage. I have met with Kolleen and agree that this program would be an asset to the Parks and Recreation Department. Once this agreement is approved, classes would begin in October, 2010. A commission of 20% of all participation fees will be paid to the City of Milton after each 4-week session. This license agreement has been drafted by Paul Higbee of Jarrard &Davis and will be used as a template for similar agreements in the future. Attachments: A Parks and Recreation Event License Agreement Between the City of Milton and Kolleen Riddick of CorePhysique to Offer Fitness Camp Classes at Bell Memorial Park 1 CITY OF MILTON PARK AND RECREATION EVENT LICENSE AGREEMENT In consideration of the mutual promises made herein, this License is entered into on this _____ day of __________________, 2010 by and between, the City of Milton, Georgia (hereinafter the “City”) and Kolleen Riddick of CorePhysique, LLC (hereinafter “Licensee”): 1. Licensed Use: The City, in exchange for good and valuable consideration described herein, hereby authorizes Licensee to use Bell Memorial Park (the “Premises”), for Milton Fitness Camp Classes (the “Event(s)”) on Mondays, Wednesdays and Fridays at 5:45 a.m.,7 a.m. and 9:15 a.m. beginning October 4, 2010. This License shall be limited to the Premises and Event(s) described above, provided that Licensee shall have reasonable access over the City’s property to the Premises for the purpose of conducting the Event(s). The Licensee shall conduct all set-up and cleanup activities related to the Event(s) during the term of the Event(s) specified herein and shall vacate the Premises immediately upon termination of the Event(s). The City may terminate this License immediately for convenience at any time by providing a written notice of termination to Licensee. a. Licensee, as partial consideration for this License, shall be responsible for hosting the Event(s) in accordance with the terms and conditions described in Exhibit “A,” attached hereto and incorporated herein by reference. As further consideration for this License, Licensee shall pay to the City 20% of all class participation fees. Licensee shall be responsible for the safe operation of any equipment utilized by Licensee. If keys for any City facility have been provided to Licensee, Licensee shall be responsible for unlocking and inspecting facilities and reporting any safety concerns to the City in a timely fashion. Upon completion of the services, Licensee shall be responsible, if applicable, for locking the City facility and securing any City equipment used by Licensee. b. Licensee shall immediately comply with all directives of the City in regard to health, safety and security matters at the Premises and with all pertinent rules and regulations relating to the City’s property, except as are more specifically modified by this License Agreement. This provision shall be enforceable by the City, and failure of Licensee to comply with the terms thereof shall be grounds for immediate termination of this License and vacation of the Premises by Licensee and guests of the Event(s). c. Licensee shall indemnify, save and hold harmless the City, its officers, boards, commissions, elected officials, employees and agents from any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to attorney’s fees, resulting from: i. Any and all loss and/or damage to the City or its property caused by the Licensee and/or by any guest of the Event(s); ii. Injury to personal property or the person of, or the death of, any individual as a result of the Event(s); and iii. Any other occurrence that results from the Event(s). 2. Miscellaneous Provisions: a. In the event Licensee refuses or neglects to provide any of the items herein stated, or fails or refuses to make 2 any of the payments as provided herein or to proceed with the Event(s), the City shall have no obligation to perform under this License. b. The Contractor shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement, but only to the extent caused in whole or in part by negligent, reckless or intentional acts or omissions of the Contractor. c. Time is of the essence. d. This License shall not be changed, modified or varied except by a written statement signed by all parties hereto. Neither party may assign this License. Each of the individuals who execute this Agreement agrees and represents that he is authorized to execute this License on behalf of the respective entity. Accordingly, the City and Licensee both waive and release any right to contest the enforceability of this License based upon the execution and/or approval thereof. IN WITNESS HEREOF the parties hereto have set hands and seals the day and year first above written: For the City: _______________________________ Joe Lockwood, Mayor For the Licensee: ___________________________________ Kolleen Riddick, CorePhysique, LLC, Founder & Owner 3 CITY OF MILTON PARK AND RECREATION EVENT LICENSE AGREEMENT Exhibit “A” Licensee: Kolleen Riddick, CorePhysique, LLC Term: Beginning October 4, 2010, Ending October 4, 2011 (Annual Renewal Option) Program/Activity/Event: Fitness Camp Classes Location: Bell Memorial Park Time(s): 5:45 a.m., 7 a.m., 9:15 a.m. Day(s): Mondays, Wednesdays, and Fridays Registration Process: www.corephysique.net Fees Charged By Licensee: $90 per 12 sessions (4 weeks) for Milton residents; $120 for non-residents Commission Rate Paid to City of Milton: 20% of all participation fees Payments Made: Two weeks after the end of each 4-week session Reporting Documentation Required: Class rosters with fees paid Limitations: Minimum of 15 participants required; Maximum of 30 Licensee Documentation on File: Proposal, Liability Insurance, Business License, Registered Agent Verification, References, Experience, Certifications, and Correspondence The City of Milton will market this program on its website under Parks and Recreation, Programs and Activities. City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Cyndee L. Bonacci, Parks and Recreation Director Submission Date: September 8, 2010 Meeting Date: September 20, 2010 Agenda Item: Approval of a Revised Fee Schedule for the City of Milton Parks and Recreation Department Background: An initial fee schedule was approved on July 19, 2010 primarily addressing fees for the Milton Roundup. Additional fees have been added to support the continued efforts of the parks and recreation department. Discussion: In addition to the Milton Roundup sponsorship and vendor fees, administrative fees, and program commissions, I have added other fees that would take effect for other programs and services offered by the department. Field rental rates have been added for Bell Memorial Park and Birmingham Park along with a security deposit. Facility rental rates have been added for the Bethwell Community Center along with a security deposit. This facility will be available for use in spring 2011 and could begin being reserved in January. Corporate rates and non-resident rates have also been added based on a percentage increase over the set rates for residents. As the Parks and Recreation Department expands its offerings and services, I will continue to use this fee schedule as a base and add to it as needed. These revisions have been reviewed by the two Finance Committee members of the Parks and Recreation Advisory Board, Mark Reed and Sandy Sheley. Attachments: Revised Fee Schedule for the City of Milton Parks and Recreation Department City of Milton 13000 Deerfield Parkway Suite 107A Milton, GA 30004 MILTON PARKS AND RECREATION FEE SCHEDULE Submitted by: Cyndee L. Bonacci, Director First Approved: July 19, 2010 Revised: September 20, 2010 Field Rental Rates* ** Bell Memorial Park 1 Field/2 hours $50 With Lights $75 1 Field/Day $175 With Lights $225 For Special Event/Day $500 Birmingham Park For Special Event/Day $500 Security Deposit $100 Facility Rental Rates* ** Bethwell Community Center (Available Spring 2011) 4 blocks/day (7-10 a.m., 11 a.m.-2 p.m., 3-6 p.m., 7-10 p.m.) Per 3-hour block $125 Security Deposit $50 *Corporate rates for Milton businesses increase by 20%. **All rates for non-residents of Milton and businesses outside of Milton increase by 50%. Milton Roundup Sponsorship Golden Horseshoe $1,500 Pardner $1,000 Buckaroo $500 Milton Roundup Vendor Booths Vendor/Non-sponsor (For-profit) - 10’x12’ $100 Vendor/Non-sponsor (Non-profit) - 10’x12’ $25 Food Vendor – Tent – 10’x15’ $150 Food Vendor – Trailer – 12’x20’ $250 Miscellaneous T-shirts – Adult $10 T-shirts – Child $8 Administrative Fee Approved Refunds/Cancellations $15 Independent Contractor Commissions (Paid to City of Milton) At the discretion of the Parks and Recreation Director based on services provided and fees charged, not to be less than 10% and not to be greater than 30% 1 INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN FORSYTH COUNTY AND THE CITY OF MILTON FOR WORK ON MCGINNIS FERRY ROAD THIS AGREEMENT (hereinafter referred to as the "Agreement"), made this day of _________ , 2010 by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "Milton") and FORSYTH COUNTY, GEORGIA (hereinafter referred to as “Forsyth County"); W I T N E S S E T H: WHEREAS, McGinnis Ferry Road lies upon and in fact serves as the boundary between Forsyth County and Milton; and WHEREAS, Forsyth County and Milton desire for Forsyth County to retain the services of a contractor (the “Contractor”), to be chosen hereafter, to perform certain work on McGinnis Ferry Road from its bridge at Georgia Highway 400 to Bethany Bend as more particularly described in Exhibit “A,” (the “Work”) attached hereto and incorporated herein by reference; and WHEREAS, the Work is intended to be a jointly funded project of Forsyth County and Milton; and WHEREAS, Georgia law requires that projects such as the Work be subject to a duly advertised public bid process; and WHEREAS, Forsyth County and Milton intend to follow the applicable State road systems contract law by duly advertising and receiving bids for performance of the Work; and WHEREAS, Forsyth County and Milton intend to simultaneously advertise for public bids, in accordance with the provisions, respectively, of Title 32, Chapter 4, Article 3, Part 2 of the Official Code of Georgia Annotated and Title 32, Chapter 4, Article 4, Part 2 of th e Official Code of Georgia Annotated, for the submission to Forsyth County of bids for the Work; and WHEREAS, Forsyth County and Milton intend that Forsyth County shall enter into an agreement for the Work with a contractor acceptable to Milton and that otherwise meets all pertinent requirements in the bid documents issued by Forsyth County, including being the lowest bid by a responsible and responsive bidder; and, 2 WHEREAS, Milton desires to reimburse Forsyth County for the pro rata costs of that portion of the Work that is located within the City limits of Milton; and, WHEREAS, the parties thus desire to enter into this Agreement. NOW, THEREFORE, for and in consideration of the amount of Ten and No/100 Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and the mutual covenants and agreements contained in this Agreement, the Parties do hereby agree as follows: 1. STATEMENTS IN THE PREAMBLE ARE MATERIAL The Parties to this Agreement acknowledge and affirm that the statements and declarations set forth above in the preamble are an integral and material part of this Agreement and are hereby specifically incorporated into the body of this Agreement as if set forth verbatim. 2. PUBLIC BID SELECTION PROCESS Forsyth County and the City shall, separately but simultaneously, advertise for four (4) consecutive weeks for competitive sealed bids for the Work. Bids shall be received and reviewed by Forsyth County. Forsyth County, after reviewing the bids, shall select the lowest reliable bidder as the Contractor to perform the Work. The Contractor shall also be approved by the Mayor and Council of the City prior to execution of any agreement (the “Work Agreement”) for the performance of the Work between Forsyth County and the Contractor. The Work Agreement itself shall also be approved as to form by the Mayor and Council of the City, and such approval shall be evidenced on the face of the Work Agreement by the signature of the Mayor of the City consenting to the Work Agreement. The Contractor shall be required to provide a payment bond and a performance bond for the Work, in accordance with State law and upon forms acceptable to both jurisdictions. The payment bond shall be issued jointly in the names of both Forsyth County and the City in order for the City to comply with the provisions of O.C.G.A. § 32-4-120. 3 3. OVERSIGHT OF WORK Forsyth County shall, after receipt of bids and selection of a successful Contractor acceptable to the City, enter into an agreement with the Contractor for the performance of the Work and shall oversee and supervise the Contractor’s performance of the Work. In the event that the City becomes aware of any deviation from the specifications for the Work or any issue with Contractor’s performance of the Work, the City shall immediately notify Forsyth County in writing of such issue, and Forsyth County shall address such issue with the Contractor and procure an explanation and/or a resolution from the Contractor to the reasonable satisfaction of the City. Forsyth County shall assign to the City all warranties, or portions thereof, regarding Work that occurs in the City of Milton. 4. PARTICIPATION IN COSTS The City shall pay fifty percent (50%) of the total cost of the Work to Forsyth County, provided that the City’s total payments to Forsyth County under this Agreement shall not exceed $150,000.00, except in the event of the issuance by the Contractor of a change order to the Work submitted in accord with all requisite purchasing guidelines and that is otherwise approved by the City, in its sole discretion, as affecting City right-of-way, in which event the City shall pay such portion, if any, of any change order as agreed to by the City and Forsyth County. As the Work progresses, Forsyth County shall make payments to the Contractor on invoices submitted by the Contractor to Forsyth County. Forsyth County shall forward a copy of each such invoice to the City, and the City, within thirty (30) days of receipt of each such invoice, shall remit to Forsyth County an amount equal to fifty percent (50%) of the amount of such invoice, or in the case of changes orders, that portion of the invoice agreed upon by the City and Forsyth County. 5. TERM; TERMINATION The term of this Agreement shall commence as of the date of the execution of this Agreement by the last party to sign same and shall continue until the completion of the Work and full reimbursement by the City to Forsyth County as contemplated herein. This Agreement shall 4 terminate in the event of the termination of the agreement between Forsyth County and the Contractor for the Work. 6. WAIVER OF CONFLICT Each party to this Agreement is represented by the attorneys of Jarrard & Davis, LLP, Cumming, Georgia (the “Attorneys”). Both the City of Milton and Forsyth County have formally approved the Attorneys jointly providing representation in the formation of the Intergovernmental Agreement and have manifested their consent by way of formally approving separate Resolutions authorizing this joint representation. 7. ASSIGNMENT OR TRANSFER The rights, privileges and obligations under this Agreement shall not be assigned or transferred by any Party – nor shall any Party have the right to terminate this Agreement except as expressly provided herein. 8. NOTICES All notices required herein shall be in writing and delivered to each party at the address provided below by: (a) hand delivery; (b) United States Certified Mail - Return Receipt Requested, postage prepaid; or (c) by reputable overnight delivery service. The day upon which such notice is hand delivered, mailed or otherwise delivered shall be deemed the date of service of such notice. City of Milton: Attn: Mayor 13000 Deerfield Parkway, Suite 107 Milton, Georgia 30004 Forsyth County: Chairman Forsyth County Board of Commissioners 110 E. Main Street Cumming, Georgia 30040 5 9. GENERAL PROVISIONS OF THIS AGREEMENT 9.1 The brief capitalized and underlined headings or titles preceding each paragraph are for purposes of identification, convenience and ease of reference, and shall be disregarded in the construction of this Agreement. 9.2 No failure of either party hereto to exercise any right or power granted under this Agreement, or to insist upon strict compliance by the other party with this Agreement, and no custom or practice of either party at variance with the terms and conditions of this Agreement, shall constitute a waiver of a party's right to demand exact and strict compliance by the other party hereto with the terms and conditions of this Agreement. 9.3 This Agreement shall be governed by, construed under, performed and enforced in accordance with the laws of Georgia. 9.4 Should any provision of this Agreement require judicial interpretation, it is agreed and stipulated by and between the parties that the court interpreting or construing the same shall not apply a presumption that the terms, conditions and provisions hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party who prepared the same. 9.5 This Agreement may be executed in two (2) or more counterparts, each of which is deemed an original of equal dignity with the others and which is deemed one and the same instrument as the others. 10. ENTIRE AGREEMENT This Agreement supersedes all prior negotiations, discussions, statements and agreements between the parties and constitutes the full, complete and entire agreement between the parties with respect to the Work; no member, officer, employee, representative or agent of either party has authority to make, or has made, any statement, agreement, representation or contemporaneous agreement, oral or written, in connection herewith, amending, supplementing, modifying, adding to, deleting from, or changing the terms and conditions of this Agreement. No modification of or amendment to this Agreement shall be binding on either party hereto 6 unless such modification or amendment shall be properly authorized, in writing, properly signed by both parties. 11. AUTHORITY TO ENTER INTO AGREEMENT Each of the individuals who executes this Agreement agrees and represents that he is authorized to execute this Agreement on behalf of the respective government and further agrees and represents that this Agreement has been duly passed upon by his respective government and spread upon the Minutes of such government. Accordingly, each party both waives and releases any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. 12. UNCONTROLLABLE CIRCUMSTANCE The performance of either party hereunder shall be excused if such party is reasonably precluded from performance by the occurrence of an Uncontrollable Circumstances, which shall be defined as follows: Any act, event, or condition, or any combination thereof, that is beyond the reasonable control of the party relying on the same and that materially interferes with the performance of the party’s obligations, to include, but not be limited to, (a) acts of God; (b) fire, flood, hurricane, tornado, and earthquakes; (c) the failure of any utility provider to provide and maintain utility services through no fault of the party; or (d) the preemption, confiscation, diversion, destruction, or other interference in possession or performance or supply of materials or services, by or on behalf of, or with the authority of, a governmental body in connection with a declared or asserted public emergency or any condemnation or other taking by eminent domain or similar action of any portion of the property affected by the Work by an entity other than one of the parties. The occurrence of an Uncontrollable Circumstance may occasion an adjustment in costs payable under this Agreement, but the existence of such costs shall not, in and of itself, excuse performance by either party. A party relying on the occurrence of an Uncontrollable Circumstance as an excuse for non-performance shall as soon as is reasonably possible upon becoming aware of such an event and its consequences notify the other party of the occurrence 7 of such event and its consequences and shall take all reasonable efforts to eliminate the cause of such non-performance and to resume full performance in accordance with this Agreement. 13. NO THIRD PARTY RIGHTS This Agreement shall be exclusively for the benefit of the parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action, or other right. 14. INDEMNITY Each party does hereby agree, to the extent, if any, allowed by law, to indemnify and hold harmless the other party, their officers, agents, servants, and employees from any and all injuries, claims, actions, lawsuits, damages, judgments or liabilities of any kind whatsoever arising out of the performance of this Agreement, except as would relate to any injury, claim action, lawsuit, damage, judgment or liability caused by or contributed to by the negligence or reckless or intentional act of the complaining party, its officers, agents, servants, or employees to the extent of such negligence or reckless or intentional act. 15. MEDIATION OF DISPUTES In the event of any dispute regarding the performance or interpretation of this Agreement, the Parties agree to utilize all reasonable efforts to seek an informal, prompt, mutually satisfactory compromise prior to commencement of any formal legal or administrative proceedings. In the event of a dispute that is not capable of being resolved by those representatives of the County and City directly involved, the following two step dispute resolution protocol will be employed; First Step: The City Manager and the Forsyth County Manager shall be required to meet and discuss the dispute at an initial meeting – to occur within 20 days of the dispute being brought to the written attention of the other party. The purpose of the 8 initial meeting shall be to identify the scope of the dispute and isolate and identify all issues implicated by the dispute. If the dispute can be amicably resolved at the initial meeting, no further meetings shall be required. If resolution does not occur at the initial meeting, the City Manager and the Forsyth County Manager shall have as many additional meetings as are warranted, so long as progress is being made in good faith. If the dispute is resolved via these negotiations, the resolution shall be memorialized in written form and circulated to appropriate representatives of both the County and the City. If either representative believes that impasse has been reached, then the second step of dispute resolution shall be implemented. Second Step: Upon the first step being unsuccessful, the City Manager and the Forsyth County Manager shall promptly select a mutually agreeable mediator. Mediation of the dispute shall occur no later than ninety (90) days following the declaration of impasse of the informal negotiations. At least ten (10) days prior to the date scheduled for the mediation, both the City and Forsyth County shall prepare and circulate a position statement to each other and the mediator. Both sides shall share equally in compensating the mediator. At the mediation, either sides may be represented by counsel – and those attending the mediation shall have the requisite authority to settle the dispute. Additional representatives of the parties may attend the mediation, including board members and necessary senior staff. Multiple mediation sessions may occur, so long as neither side believes impasse has been reached. If the dispute is resolved via mediation, the resolution shall be memorialized in written form and circulated to appropriate representatives of both the County and the City. If either side believes that impasse has been reached, then the dispute resolution 9 protocols shall come to an end. Upon the failure of the above dispute resolution process, both the City and Forsyth County shall be authorized to pursue any available right, remedy or avenue of relief allowed at law or equity, whether via civil or administrative means. If litigation or administrative proceedings are pursued, and one party is declared via final adjudication to have breached the terms of this Agreement, the non-breaching party shall be entitled to recover all reasonable costs and expenses associated with the proceeding, including reasonable attorney’s fees. IN WITNESS WHEREOF, the City and Forsyth County, acting pursuant to and in conformity with properly considered and adopted resolutions and acting by and through their duly authorized representatives, have caused these presents to be executed all as of the Date Hereof. As to the City, executed in CITY OF MILTON the presence of: Witness ___________________________ Joe Lockwood, Mayor Attest:______________________________ City Clerk As to Forsyth County, executed in FORSYTH COUNTY the presence of: ____________________________________ Witness ___________________________ Charles Laughinghouse, Chairman Attest:______________________________ County Clerk EXHIBIT “A” FURNISHING ALL MATERIALS, LABOR AND EQUIPMENT NECESSARY TO CONSTRUCT ASPHALT FOAM RECLAIMING OF McGINNIS FERRY ROAD FROM SR400 BRIDGE TO BETHANY BEND ROAD, 0.40 MILES. WORK WILL CONSIST OF FULL DEPTH RECLAIMING OR THE EXISTING PAVEMENT AND WIDENING TRAVEL LANES TO 24 FEET OF PAVEMENT AND PROVIDING 4’ MINIMUM SHOULDERS. PROJECT WILL INCLUDE THE CONSTRUCTION OF A 150 FOOT LEFT TURN LANE ON McGINNIS FERRY AT TIDWELL DRIVE. ITEM UNIT COST TOTAL 1 Traffic Control Lump Sum $ 2 Grassing Complete Lump Sum $ 3 Grading Complete Lump Sum $ 4 Erosion Control Lump Sum $ 5 Grad Aggr Base, 550 tons $ ton $ 6 2” Superpave 12.5 mm, 1,280 tons $ ton $ 7 Reclaimed Base, 9850 sy $ sy $ 8 Liquid Asphalt PG-22, 24,575 gal $ gal $ 9 Portland Cement or Lime, 100 tons $ ton $ 10 5” Thermo Solid White 4,200 lf $ lf $ 11 5” Thermo Solid Yellow 4,000 lf $ lf $ 12 Thermo Cross Hatch Yellow, 400 sy $ sy $ 13 Thermo Pvmt Arrow TP2, 2 ea $ ea $ 14 Raised Pavement Markers, TP1, Yellow, 60 ea $ ea $ 15 Raised Pavement Markers, TP3, Clear/Red 10 ea $ ea $ City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: September 8, 2010 for the September 20, 2010 Council meeting Agenda Item: Approval of a Task Order with Street Smarts, Inc for the Design of Intersection Improvements for Arnold Mill Road at New Providence Road in the Amount of $149,995.25 Background: Street Smarts was selected as one of our on call planning and engineering consultants and they were approved by Mayor and Council on October 20, 2008. Street Smarts 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 Street Smarts - City master agreement dated November 12, 2008 and shall serve as authorization by the City of Milton to (“Consultant”) to perform the services described therein. The Street Smarts task order for design services for the intersections includes: 1. Database preparation 2. Preliminary plans 3. Right of way plans 4. Final plans The budget for this work will be from Capital Grant Fund (GDOT HPP Funds) and 80% is reimbursable from Federal Funds through GDOT. Legal Review: Street Smarts, Inc. Task Order 10-SSI-05 – Paul Higbee, Jarrard & Davis on 9/9/10 Attachments: 1. Task Order 10-SSI-05 PROFESSIONAL SERVICES AGREEMENT WITH STREET SMARTS, INC. DATED ___________________ TASK ORDER 09-SSI-05 DESIGN FOR ARNOLD MILL AT NEW PROVIDENCE INTERSECTION 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 to Street Smarts, Inc. (referred to herein alternately as “Consultant” and “Street Smarts”) 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: Description of PROJECT: The PROJECT consists of data base preparation, preliminary plans, right -of-way plans, and final design construction plans for intersection improvements to SR 140 Arnold Mill Road @ CR 27 New Providence Rd. in North Fulton County, G.M.D. 121. Description of Professional Services: The services to be furnished by the CONSULTANT under this Agreement shall be those necessary to design by a Computer Aided Design and Drafting (CADD) System and provide both hard copy and electronic files for: data base preparation, preliminary plans and layouts, right-of-way and easement plans and plats, and final design and construction plans for the PROJECT. The allowable CADD systems to be used for this Agreement shall be Microstation, CAiCE (most current GDOT approved version), Hydrain, SYNCHRO, HCS, and NETSYM. The CONSULTANT shall not use any other design, drafting or coordinate geometry software unless approved in writing by the CITY. Plans shall be prepared in accordance with the GDOT standards and CITY standards as to design criteria, procedures, and format. The CONSULTANT shall prepare all written specifications in the usual format used by the CITY. The CONSULTANT shall provide all materials required for the preparation of the plans, supplemental specifications, and special provisions as contemplated by the AGREEMENT and this Task Order. The CONSULTANT shall procure the CITY'S written approval to proceed with each phase of the PROJECT. Failure to procure such approval prior to CONSULTANT’s initiation of work on a phase will result in the CONSULTANT assuming all costs for that phase until written approval to proceed has been obtained from the CITY. The PROJECT plans shall be developed as follows: PHASE III- DATA BASE PREPARATION Database preparation shall consist of establishing survey control and gathering and processing all necessary topographic data required to design the project, which has not already been compiled by the CITY. This information is to include, but not be limited to, planimetric, terrain, drainage, property, right-of-way, and easement data. The database and survey control shall be of sufficient quality and completeness as to allow for the design, acquisition of right-of-way and easements, and construction of the PROJECT. All information in the database shall be compiled and stored in accordance with the GDOT’S Survey Processing Guidelines (feature codes, zones, attributes, cell files) and Electronic Data Guidelines (levels, line weights, colors, classifications, text sizes, and fonts). The data shall be gathered by remote sensing or field surveying processes that are acceptable to the CITY and GDOT. The survey limits shall be defined as those agreed to by the CITY and the CONSULTANT in order to supplement the existing database with updated field survey information due to changed field conditions. The CITY will furnish any available mapping/topography data, geodetic survey traverses and level nets, cadastral survey data, utility surveys and hydraulic surveys it considers beneficial to the CONSULTANT'S task. The CONSULTANT completely agrees and understands all mapping and survey data provided by the CITY is for information only and that by making this data available, the CITY does not vouch for the completeness, correctness or accuracy of the data. The CONSULTANT shall be completely responsible and liable for all mapping and surveys required in producing the end result items called for by this TASK ORDER. Prior to beginning any database preparation, the CONSULTANT shall communicate with the CITY'S Liaison Engineer to discuss existing information available and the right of entry letter. The CONSULTANT shall notify all property owners, in writing, of the impending surveys, prior to starting any surveying activities on their property. The CONSULTANT shall provide the District Preconstruction Engineer and the Area Engineer with a copy of the notification letter. The CONSULTANT shall provide the Liaison Engineer with a copy of each individual notification letter. The notification letter shall contain, at a minimum, the following information: The Project Number, County, and a brief project description The property owners name and address on the notification letter The Company names of the CONSULTANT and sub-consultants that will be in the field conducting the surveys or testing The Georgia Law, Code 32-2-2(9) which regulates the entry of private property by the GDOT The correct contact name and phone number of the CONSULTANT or sub-consultant The correct contact name and phone number of the Liaison Engineer for questions about the project The CONSULTANT shall keep all “Return-To-Sender” letters and forward them to the Liaison Engineer for filing. The CONSULTANT shall reference the following guidelines for mapping, surveys, and property data: 1. ASPRS INTERIM ACCURACY STANDARD FOR LARGE SCALE MAPS 2. CLASSIFICATION, STANDARDS OF ACCURACY, AND GENERAL SPECIFICATIONS OF GEODETIC CONTROL SURVEYS 3. GEORGIA DEPARTMENT OF TRANSPORTATION’S SURVEY PROCESSING GUIDELINES 4. GEORGIA DEPARTMENT OF TRANSPORTATION’S GUIDELINES FOR PROCESSING DESIGN DATA IN CAICE 5. GEORGIA DEPARTMENT OF TRANSPORTATION’S ELECTRONIC DATA GUIDELINES 6. GEORGIA DEPARTMENT OF TRANSPORTATION’S AUTOMATED FIELD SURVEY MANUAL 7. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) STANDARDS (NOAA TECHNICAL REPORT NOS88, NGS19) 8. FEDERAL GEODETIC CONTROL COMMITTEE (FGCC) – SPECIFICATIONS TO SUPPORT CLASSIFICATIONS, STANDARDS OF ACCURACY, AND GENERAL SPECIFICATIONS OF GEODETIC CONTROL SURVEYS. The CONSULTANT shall gather information and perform required surveys within the PROJECT limits and establish the following in a format as prescribed by the CITY. FIELD SURVEYS The CONSULTANT shall check any data or information furnished by the CITY for accuracy to determine that it is sufficient to meet the requirements and needs of the PROJECT. Any discovered errors or omissions contained in the data or information furnished by the CITY shall be reported in writing to the CITY. This written report should be received by the CITY prior to the beginning of work on Phase IV – PRELIMINARY PLANS. Upon receipt of the written report, the CITY will determine its concurrence for the CONSULTANT to do additional work if required. The CONSULTANT shall be completely responsible and liable for all mapping and surveys required in producing the end result items called for by this TASK ORDER. PROJECT Survey Control shall be established by the CONSULTANT on all agreements where data is to be collected for design purposes. The horizontal and vertical survey control value shall be determined by traverses originating from a published National Geodetic Survey (NGS) survey control monument and terminating on a separate published National Geodetic Survey (NGS) survey control monument, or other monumentation previously approved by the CITY. These traverses shall be known as the primary traverses for the PROJECT. The CONSULTANT shall use the National Oceanic and Atmospheric Administration (NOAA) standards (NOAA Technical Report NOS88, NGS19) on all horizontal traverses. The Primary Horizontal Traverse shall use the accuracy specifications for Traverse, Second-Order Class II (1:20,000). The Primary Traverse deltas shall have the minimum angle observations: 1. Minimum Observations – Horizontal Angles a. 0.2” Instrument – 6 D&R, Rejection Limit from mean 4” b. 1” Instrument – 8 D&R, Rejection Limit from Mean 5” c. 2” Instrument – 12 D&R, Rejection Limit from Mean 6” d. 3” Instrument – 16 D&R, Rejection Limit from Mean 7” 2. Minimum Observations – Vertical Angles a. All Instruments – 2 D&R, Rejection Limit from Mean 10” Note: For prescribed circle settings see FGCC – Specifications to Support Classifications, Standards of Accuracy, and General Specifications of Geodetic Control Surveys. The primary traverse shall be established by conventional survey method. If the primary traverse contains more than twelve deltas, the CITY will be consulted to determine if Polaris observation or GPS surveys will be required. All subsequent survey data shall be collected from the adjusted primary traverse values and reduced to State Plane. Each horizontal delta shall be located to allow for visibility with one forward and one separate back horizontal delta and shall have a minimum distance of 1,500 feet and a maximum distance of 3,000 feet between primary control deltas, unless otherwise specified by the CITY in writing. All coordinates are to be on the specified State Plane, Georgia Coordinate System of 1985 - NAD 83/94 adjustment. All measured distances must be reduced to grid distances using a combined sea level and scale factor before being used in traverse computations. The traverse closure, zone, grid factor, plus the horizontal and vertical datums shall be noted in the project records. The CONSULTANT shall establish Primary Horizontal Traverse monuments. No traverse monument shall be located within 6 feet of a travel lane. The monument should be a ¾ inch diameter, center punched, iron pin (rebar) a minimum of 2 feet long or a precast monument placed in stable ground. It should be driven to a minimum depth of 0.30 foot below natural ground. A primary traverse point can be set in a fixed stable concrete slab, such as approach slabs to bridges or parking lots, only if other suitable locations are not available. The traverse point should be a punched hole 0.01 foot in diameter, 0.02 foot in depth, with three identification lines beginning 0.03 foot from the punch hole and extending for 0.20 foot. All primary traverse points, within the limits of the project, should be elevated as part of the primary vertical traverse. The CONSULTANT shall use the North American Vertical Datum (NAVD) of 1988 on all vertical traverses. All vertical traverse points shall use specifications as required by Third-Order National Oceanic and Atmospheric Administration (NOAA) standards (0.049 foot times the square root of the miles distance). The maximum distance between vertical control monuments shall not exceed 1,000 feet. All traverses shall be established by the conventional differential leveling (spirit) method, unless otherwise approved by the CITY. A 25-foot fiberglass rod will not be used for this vertical control. The CONSULTANT shall establish Primary Vertical Traverse monuments. The primary vertical traverse monuments must be established on stable topographic features i.e. culvert headwalls, fixed concrete slabs, large hardwood trees, precast monuments. A benchmark should be set at all major drainage structures (culverts and bridges) and road intersections throughout the PROJECT. The benchmarks should be easily identifiable; such as a painted square cut or a nail with stamped washer. Benchmarks should never be set in power poles, steps, manhole covers, or tops of fire hydrants. The primary horizontal and vertical control traverses established for the PROJECT are to be used as the principle control for all field and photogrammetric survey activities. Evidence (closure precision, adjustment data, field notes, data files, etc.) must be provided to document the accuracy of both the primary horizontal and vertical traverses. These traverses shall be adjusted to hold the published coordinates of all approved control monuments. The CONSULTANT may use Global Positioning System (GPS) Technology as a means of establishing horizontal control pairs which are to be used for controlling the Primary Traverse within the PROJECT. A traditional Cadastral Traverse between these pairs will still be required. The traverse will have the previously described spacing and visibility for the control deltas and must meet the accuracy specifications for Traverse, Second-Order Class II (1:20,000). The horizontal and vertical control for the PROJECT can only be established with GPS technology after receiving written approval from the CITY. The following requirements must be met for GPS applications: 1. The GPS network for the PROJECT must consist of the following minimum requirements: a. For Horizontal Control, a minimum of 3 control stations shall be used and held fixed. Of these 3 control stations, one shall have a horizontal accuracy of Order B (1:1,000,000) or above. The control stations shall be from the National Geodetic Reference System (NGRS) database. The control stations shall be tied to the National Geodetic Survey (NGS) adjustment of 1994 and shall have a datum classification of NAD83/94, unless otherwise specified by the CITY. The stations shall be located in at least 3 quadrants (NE, NW, SE or SW) of the PROJECT and they shall encompass the entire PROJECT. A printed or plotted schematic of the GPS network design shall be provided to the CITY for approval prior to proceeding with the work. This schematic shall only show the non-trivial (independent) baselines used for the least squares adjustment of the GPS data. b. For Vertical Control, a minimum of 5 Third Order or better control stations shall be used and held fixed. The control stations shall be from the National Geodetic Reference System (NGRS) database or the U.S. Geological Survey database. These stations shall be located in all quadrants (NE, NW, SE and SW) of the PROJECT and they shall encompass the entire PROJECT. The stations shall have a datum classification of NAVD88, unless otherwise specified by the CITY. A printed or plotted schematic of the GPS network design shall be provided to the CITY for approval prior to proceeding with data collection. This schematic shall only show the non-trivial (independent) baselines used for the least squares adjustment of the GPS data. 2. Independent baselines in a network should not exceed 25 miles in length. However, if only L1-code (single-frequency receivers) is being used, then collected baselines cannot exceed 10 miles. 3. Each session's length will depend on how long 4 or more common (same) SV’s can be tracked simultaneously. If the signal is interrupted significantly or if common satellites are lost, then times must be increased to insure the following minimums with either Static or Fast Static Observations with synch rate of 15 seconds for L1/L2 receivers: 1.0 21.1 4. An elevation mask of 15 degrees shall be used when collecting all GPS data. 5. An epoch with a Position Dilution of Precision (PDOP) greater than 6.0 will not be considered as a usable measurement. 6. Provide the CITY a Receiver Independent Exchange (RINEX) format file of the raw data and control station data used in the GPS network. 7. Provide copies of field notes denoting the stations occupied by GPS receivers and the beginning and ending times of occupation. Also, provide the Height of Instrument (HI) for each GPS antenna (specifying whether it is true vertical or uncorrected), type of receiver and antenna used, and date of occupation. Permanent monuments (rebar) for the project should include both primary survey and centerline control. A scaled drawing, illustrating both the primary and centerline controls for the project should be included in the plans. The CONSULTANT shall obtain all available plats, deeds and easements from courthouse records of all property affected by the PROJECT. The CONSULTANT shall also contact the Georgia DOT Office of Right of Way and the District Location Engineer to obtain any existing Right of Way Plans and other property information that the CITY has available. The CONSULTANT shall compile and maintain an electronic listing of all current property owners' names and addresses and supply it with the completed data base to the CITY. This listing is to be known as the Property Statistics Report (PSR). The CONSULTANT shall locate all information about existing rights-of-way, property lines (including railroads), easements, property corners, Land Lot lines, and boundaries (state, county, and city) to be affected by the PROJECT. All right-of-way data shall be chained as 2-D geometric chains and put into a CAiCE file format to allow for viewing in both the CITY’s design and plotting softwares. Each right-of-way and parcel chain designation shall begin with the prefix of the CAiCE segment currently being processed. See the GDOT’s Survey Processing Guidelines for the feature code and attribute designations. The CONSULTANT shall collect and assemble the right-of-way survey data as per the following: 1. For surveying deeded right-of-way: a. Locate the centerline alignment of the road that was used to describe the deeded right- of-way by coordinating at least two (2) points on all tangents and three (3) points on all curves. It is very important to determine if any widening has taken place since the deed centerline was established. If widening was not symmetrical, use available field evidence to establish the deed centerline. b. All existing right-of-way markers should be coordinated. c. All existing property corners which will be used to determine the property take will be coordinated either by field survey or by computation from a deed or plat. All property points not directly impacting the "take" can be digitized from the deed, plat, or tax map. The boundary for each parcel shall be chained. d. The property data graphic MicroStation file must contain a notation, which denotes any "right-of-way that is claimed by prescription". 2. Developing the Property/Right-of Way database for roads with deeded right-of-way: a. The alignment of the existing road should be determined by using the tangent and curve points from the field survey. Degrees of curves should be computed by using the field points, and then compared to old plans, and then an appropriate degree assigned to the curve. b. The CITY'S right-of-way should then be set to correspond with this alignment. c. At this point the differences between the CITY'S right-of-way and the existing right- of-way markers and property information should be evaluated. d. All corners and boundaries, which conflict with the right-of-way, should be projected or terminated to conform precisely to the deeded right-of-way. e. The parcel chain should contain the newly created points, which conform to the right- of-way. The chain should not include any property points that conflict with this right- of-way. These conflicting points should be retained in the data file as part of the project records. f. Existing right-of-way markers which conflict with the true position of the right-of- way are not to be used in any chains but are to be retained in the data files as part of the project records. g. Since there will be property and right-of-way points residing in the data file, but are not included in any chains, the designer should use caution before "plotting all points". h. The CONSULTANT shall create a 2-D geometric property chain for each parcel. This chain includes all property corners (field located, computed, or digitized). The property chain shall begin at the back station property point and progress clockwise until the point of beginning is reached and thus illustrating a closed polygon. i. The acreage for an existing parcel shall be given as indicated by the recorded deed or plat. As a last resort, the computed acreage can be used. This acreage is important because it is used in the computation of the parcel remainder. 3. For surveying non-deeded right-of-way: a. The CONSULTANT will notify the CITY in writing that the roadway does not have a deeded right-of-way. b. The surveyor shall locate the centerline alignment of the road by coordinating at least two (2) points on all tangents and three (3) points on all curves. c. The surveyor shall coordinate the limits of the area along the roadway, which is maintained by the CITY or by the local government (e.g., back of ditch to back of ditch). This area may be claimed by prescription if it meets the legal requirements. d. The surveyor is to document on a tax map, or other drawing, all areas for which the CITY or a local government does not have deeded title. 4. Developing the Property/Right-of-Way database for non-deeded right-of-way: a. The CONSULTANT shall create 2-D geometric property chains from the field survey file that include all property corners (field located, computed or digitized) which identify parcels. b. The CONSULTANT shall create 2-D geometric chains from the field survey file that reflect the right-of-way that is considered to have been acquired by prescription (possession). c. The property and right-of-way chains shall show the conflicts between the property lines and these limits of the "claimed" (prescriptive) right-of-way. d. The property graphic MicroStation file must contain a notation, which states that, the "right-of-way is claimed by prescription". The CONSULTANT shall locate all existing inlets, outlets, and any other drainage structures (manholes, junction boxes) along the PROJECT. The CONSULTANT shall obtain top and invert elevations (flow lines), size, direction of flow, material and condition of all existing box culverts and other cross drains, side drains and storm and storm sewer structures. The CONSULTANT shall identify all lakes and streams within 300 feet along the PROJECT. Upon identification a field survey traverse for all drainage channels or streams, to a distance of 300 feet perpendicular each side of centerline along with elevations along the stream bed for flow lines (FL) plotting shall be obtained. The CONSULTANT shall prepare the Hydraulic Engineering Field Report as defined herein. Drainage areas for this report will be calculated by the Designer. It is not the responsibility of the surveyor to determine these areas. All other data requested on this report is to be completed by the surveyor. It is preferred that the extreme high and low water information be obtained from a long time resident in the area if possible. If none can be found, record plans or high-water mark on the bridge piling or tree can be used to determine high-water elevation. Provide location and floor elevation of any homes or buildings in the floodplain that have ever been flooded. This information should be plotted on a quadrangle map or county map showing centerline plus and offset. The CONSULTANT shall locate and identify all existing major utility facilities including railroads, cross country pipeline, electric transmission lines, and telecommunication lines. The CONSULTANT shall obtain profiles for all roadways, driveways, streams and channels, and detours as required for the design of roadways, bridges, and drainage and traffic control. This includes precise (0.10 foot or less) longitudinal and transverse pavement profiles of all roadways within the limits of the PROJECT that will be retained. These pavement elevations should accurately define the edges of pavement and all breaks in the cross slope. The 3-Dimensional pavement elevations shall be chained longitudinally and entered into the terrain database. The CONSULTANT shall obtain ground cross sections of sufficient length to design the PROJECT for all roadways, existing or planned, measured to an accuracy to insure calculated quantities are usable for construction payment. Terrain data gathered for a Digital Terrain Model (DTM) must include lines of discontinuity that define all terrain breaks and the database must also be enhanced with random elevations that do not exceed a 150 foot grid. All terrain mapping files gathered by full-field survey must be encompassed with a limit line that is a 3-Dimensional “TLIML” feature limit line survey chain. The DTM data will be of such quality and completeness as to insure that cross sections and profiles can be created to the following levels of accuracy: 1. 0.10 foot or less for roadway surfaces 2. 0.50 foot or less for ground terrain surfaces 3. 0.02 foot or less for bridge decks, bent caps and top of rail elevations. The CONSULTANT shall field locate all advertisement signs, commercial signs and permanent sign structures on or near the proposed right-of-way or easements. Survey of these signs must include location of the base and each end of the sign structure. The CONSULTANT shall survey all existing bridges impacted by the PROJECT. This shall require the locating of the beginning and ending bridge stations and stations of intermediate bents along with the skew angles, determining the elevations at the centerline and left and right gutter lines and at the bottom of the outside beams at the face of caps. For additional bridge survey requirements see Attachment 6 – Preliminary Layout Criteria for Bridges and Walls. The CONSULTANT shall supply, update, or expand the mapping database as required to design the PROJECT. This shall include the locating of all topographic data affected by the Project and the labeling of all structures as to their material type (brick, stone, wood, etc.) and usage (residency, business name). The CONSULTANT shall establish and stake the construction centerlines for all roadway alignments. These centerlines shall be monumented by setting iron pins (rebar) for all PCs, POCs, PTs, POTs and PI's without curves. The distances between these monuments should not exceed 1,000 feet. Stationing for the centerline of all roadways shall be painted or staked on each alignment at points no greater than 200 feet apart. Supplementary points shall be established between all points to insure visibility of at least two points (one ahead and one back) from any given point. Station numbers placed on paved areas shall be painted in yellow, approximately 0.5 foot high. The painting or staking of stations shall be in place prior to the request for PFPR and the soil survey. The CONSULTANT shall provide a Survey Control Packet for the project. The Survey Control Packet shall be assembled from the adjusted primary horizontal and vertical control traverses established for the project. The data contained in the Packet shall consist of the primary horizontal and vertical control points which will be used for all photogrammetric and field survey activities, project design, right-of-way staking and project construction. The project Survey Control Packet shall contain the following information in the order listed: 1. Cover sheet showing the project number, P.I. number and project description. 2. Area map showing location of project. 3. Copy of a quadrangle map with approximate location of all primary adjusted horizontal control deltas and published horizontal monuments that was used for the project plotted on the map. 4. Control file listing showing the following information in order listed: a. Project No., P.I. No. and description of project. b. Horizontal datum and zone used. c. Scale factor used. d. Published horizontal control monuments used. e. Vertical datum used. f. Published vertical control monuments used. g. Units of measurement. h. Point number, east coordinate, north coordinate, elevation and name or number of all published monuments used and primary control deltas set. 5. Description sketches for each primary survey control delta set. The following shall be noted on the sketch: a. Control delta number. b. Elevation. c. North arrow. d. Distance and direction from a minimum of three local features. e. A “to reach” description from a permanent feature such as road intersections and bridges over named streams, etc. 6. Copy of a quadrangle map with approximate location of all primary adjusted vertical benchmarks established and published vertical monuments that were used for the project plotted on the map. 7. Vertical control file listing all published monuments used and all primary vertical benchmarks set and described, along with their adjusted elevation. 8. Description sketches for each primary benchmark set. The following shall be noted on the sketch: a. Benchmark number b. Elevation c. North arrow d. Distance and directions from a minimum of three local features. e. A “to reach” description from a permanent feature such as road intersections and bridges over named streams, etc. f. The Horizontal and Vertical accuracy requirements for the Database will be as follows: 1. The horizontal accuracy tolerance for property, right-of-way and easements will be 0.10 foot or less for urban areas and 0.40 foot or less for rural areas. Any accuracy’s defined by State laws which are of a higher level for property surveys will take precedent over these. 2. The horizontal accuracy tolerance for general topographic data will be 0.70 foot or less. 3. The horizontal accuracy tolerance for bridge decks, bent and cap locations and top of rails will be 0.10 foot or less. 4. The vertical accuracy tolerance for terrain points will be 0.10 foot or less for roadway surfaces and 0.50 foot or less for ground terrain points. 5. The vertical accuracy tolerance for bridge decks, bent caps and top of rail elevations will be 0.02 foot or less. These elevations will be measured with a Spirit Level. 6. The determination of whether or not the plan cross sections meet accuracy specifications will be based on field checking the elevations contained in these cross sections. The CITY reserves the right to adjust these specifications to address specific or special conditions. The CITY will randomly field check the CONSULTANTS data. All accuracy checks will be compared to the primary horizontal and vertical traverses. A determination of the accuracy of the CONSULTANT’S work will be made by the GDOT’S District Preconstruction Office. In support of the field checks, the CONSULTANT will provide the following information and materials to the CITY for checking right-of-way, terrain and survey data: 1. Terrain (Profiles and Cross Sections) as a part of the Database phase deliverables. a. Hard copy text printouts of all alignment chains used for profiles and cross sections, as well as a text printout of the actual end area resolution file. The text printout of the end area resolution file should show the station number, profile elevation, and the elevation and offset distance of each cross section reading. The consultant should use the GDOT Compressed Endarea Report macro in CAiCE to generate this report. The GDOT Compressed Endarea Report macro writes out an ASCII text file format that is similar to the RDS format for distribution to Auditors and Contractors once the project is let to construction. The GDOT Compressed Endarea Report macro format uses much less paper when compared to the standard CAiCE Earthwork Report. b. Paper plots at 1”=50’ of the resolved property, which is referenced in the “Survey Processing Guidelines” as the prop.dgn. The plot will show all resolved geometric parcel chains and the points which define the chains. Property corners found should be illustrated with a comment of P.C.F. c. Paper plots of all 3-D random terrain points and break lines which were used to develop the Digital Map Models (DMM) or Digital Terrain Models (DTM) used for obtaining cross sections and profiles. d. Survey Control Packet as previously described in Item I Section E. e. A printed or plotted schematic of the GPS network design. This schematic shall only show the non-trivial (independent) baselines used for the least squares adjustment of the GPS data. f. A Receiver Independent Exchange (RINEX) format file of the raw data and control station data used in the GPS network. A copy of the NGS Data Sheet for each GPS Control point used should accompany the RINEX data for verification of control. g. An electronic ASCII file formatted to GDOT standards containing the information outlined in the “Georgia Department of Transportation Guidelines for Processing Design Data in CAiCE” section 7.1. If the CONSULTANT uses the Stakeout Survey Data macro in CAiCE, the files will be spaced and in the correct card column format for the CITY. 2. Right-of-Way, submitted after the completion of Right-of-Way staking. a. An electronic ASCII file formatted to GDOT standards containing the information outlined in the “Georgia Department of Transportation Guidelines for Processing Design Data in CAiCE” section 7.1. If the CONSULTANT uses the Stakeout Survey Data macro in CAiCE, the files will be spaced and in the correct card column format for the CITY. b. OUT FILE - This file should contain a listing of all points that differ between the ASCII electronic file and the approved plans. This list should equate which point numbers in the Out File correspond with point numbers in the plans. Also, the file should contain a list of all points which are not shown in the plan, such as survey control and centerline station point numbers. c. RIGHT-OF-WAY PLANS - Two sets of half size right-of-way plans. d. Survey Control Packet as previously described in Item I Section E. The CONSULTANT shall be responsible for the accuracy of all field data. The Determination by the CITY that randomly checked points are within acceptable CITY tolerance does not mean that all data has been accepted by the CITY as meeting agreement specifications. DATA PROCESSING The CONSULTANT shall process the field survey and photogrammetric mapping data in accordance with the GDOT’S Survey Processing Guidelines. The topographic (planimetric) data shall be provided in a 2-D MicroStation DGN file format and the terrain data shall be provided in a CAiCE SRV file format. These formats must be compatible with the GDOT'S design system software. The consulting firm that provides the property, drainage and field topography data shall be responsible for processing this data and assembling the final database. UTILITIES The CONSULTANT shall perform Subsurface Utility Engineering (SUE) Investigations in accordance with: Scope of Services for Subsurface Utility Investigations. This document is available online at: http://www.dot.state.ga.us/doingbusiness/utilities/sue/Pages/default.aspx GEOTECHNICAL The CONSULTANT shall perform soil survey investigations, bridge foundation investigations, and retaining wall investigations, as required, in accordance with the Guidelines for Geotechnical Studies, current edition. This document is available online at: http://www.dot.state.ga.us/doingbusiness/Materials/qaqc/Pages/default.aspx CONSULTANT DELIVERABLES FOR PHASE III – DATABASE PREPARATION 1. A Project Survey Control Packet illustrating the primary horizontal and vertical control traverses established for the PROJECT. The traverse closure, state plane projection zone, grid factor, plus the horizontal and vertical datums shall be noted in this packet. Evidence (closure precision, adjustment data, field notes, data files, etc.) must be provided to document the accuracy of both the primary horizontal and vertical traverses. The CONSULTANT may use Global Positioning System (GPS) Technology as a means of establishing horizontal control pairs which are to be used for controlling the Primary Traverse within the PROJECT; however a traditional Cadastral Traverse between these GPS pairs will still be required. 2. An electronic listing of all current property owners' names and addresses. This listing is to be known as the Property Statistics Report (PSR). The PSR will relate the 2-D geometric parcel chains in the CAiCE electronic database to the county tax records obtained from the property and deed research. 3. Electronic and paper copy of the Hydraulic Engineering Field Report. 4. Hard copy text printouts of all alignment chains used for profiles and cross sections, as well as a text printout of the actual end area resolution file. The text printout of the end area resolution file should show the station number, profile elevation, and the elevation and offset distance of each cross section reading. The Consultant shall use the Georgia Department of Transportation’s CAiCE VBA Macro called GDOT Compressed End area Report to extract the information and print it into a Standard format. The macro writes out a CAiCE End area file to an ASCII text file format that is similar to the RDS format for distribution to Auditors and Contractors when a project is let to Construction. This format uses much less paper when compared to the standard CAiCE Earthwork Report. Note: A small font will need to be used to print the report without 'wrapping'. The compressed format for the resulting output file is shown below. The example reflects data at one station. STA. 2+50.000 EXISTING SURFACE ELEV DIST ELEV DIST ELEV DIST ELEV DIST 874.7 -43.61 876.53 -42.95 879.13 -38.58 878.92 -36.75 879.01 -31.58 878.45 -29.18 878.75 -27.86 879.33 -22.74 880.47 -13.61 880.53 -7.99 880.60 6.32 880.45 13.72 877.89 35.94 877.06 37.40 877.44 38.30 881.01 47.35 881.42 59.03 881.60 59.67 883.72 67.48 883.59 71.35 882.47 95.30 881.96 105.31 5. Hard copies of all survey data gathered on all existing bridges impacted by the PROJECT. 6. Paper plots at 1”=50’ of the resolved property, which is referenced in the Section X – Survey Data (DGN) Files page 52 in the Georgia Department of Transportation’s Survey Processing Guidelines as the prop.dgn. The plot will show all resolved geometric parcel chains and the points which define the chains. Property corners found should be illustrated with a comment of P.C.F. and the type of material found. 7. Paper plots at a maximum scale of 1”=100’ of all 3-D random terrain points and break line which were used to develop the Digital Map Models (DMM) or Digital Terrain Models (DTM) used for obtaining cross sections and profiles. 8. An electronic ASCII file. The ASCII file is an electronic file that can easily be generated from CAiCE. Section 7 - Additional Files - page 65 in the Georgia Department of Transportation’s Guidelines for Processing Design Data in CAiCE illustrate the proper procedures for writing out data from CAiCE into the electronic format the CITY is requesting. 9. If Global Positioning System (GPS) Technology was utilized, a printed or plotted schematic of the GPS network design. This schematic shall only show the non-trivial (independent) baselines used for the least squares adjustment of the GPS data. 10. If Global Positioning System (GPS) Technology was utilized, a Receiver Independent Exchange (RINEX) format file of the raw data and control station data used in the GPS network. A copy of the NGS Data Sheet for each GPS Control point used should accompany the RINEX data for verification of control. 11. Copies of the field survey checks performed as a measure of accuracy of the mapping. 12. Electronic mapping (photogrammetric & field contact surveys) and related data that is formatted to be compatible with the CITY'S design softwares. The finished maps and all related items or products shall become the property of the CITY and shall be delivered in accordance with the terms of this agreement. 13. All information and material provided to the CONSULTANT by the CITY shall also be returned at the completion of the agreement. The CONSULTANT shall also be prohibited from retaining, either for its own use or sale to others, copies of mapping produced or any related data produced or obtained as a result of this agreement. All mapping and terrain data shall be delivered to the CITY on compact disks (CD). 14. Consultant/Surveyor Checklist – This checklist provides details and guidelines as an aid to develop the deliverables, and should accompany the submittals. 15. Soil Survey Summary, Bridge Foundation Investigation, and Wall Foundation Investigation, as required. PHASE IV - PRELIMINARY PLANS The CONSULTANT shall prepare, and submit to the CITY for review, preliminary roadway construction plans in the format of the approved concept validated in Phase I (Task Order 09- SSI-03) and using surveys and other information as gathered in Phase II. The CONSULTANT shall prepare by CADD (MicroStation and the most current GDOT approved coordinate software) and submit on paper prints for review by the CITY preliminary roadway designs in English format containing the following: 1. Proposed mathematized horizontal and vertical geometrics for roadways using AASHTO criteria. 2. Preliminary grading plan for roadways, including cross sections of the PROJECT plotted at 50 feet intervals, or closer in special or critical areas. 3. Retaining wall locations and wall envelopes. 4. Preliminary bridge layouts. 5. Provide hydraulic studies for Federal Emergency Management Agency floodwa ys. 6. Drainage design developed sufficiently to ensure adequate right of way and easement is obtained. 7. Preliminary erosion and sediment control and maintenance plans. 8. Preliminary construction sequence with emphasis on constructability, required easements, and erosion and sediment control. 9. Preliminary earthwork quantities by stage construction. 10. Final surface typical sections. 11. Preliminary signing, marking, and signal plans with location of strain poles (traffic signal and overhead sign) and other obstacles that may affect right of way. The CONSULTANT shall also include any signage requirements for detour routes. 12. Preliminary driveway profiles. 13. Preliminary utility plans showing the existing locations of all utilities from information as gathered by the CONSULTANT in Phase II. The CONSULTANT shall attend and participate in the Constructability Review only. Review comments from the CITY shall be incorporated into the final plans by the CONSULTANT. The CONSULTANT shall address all comments in writing within four weeks of receiving the review. An updated set of plans showing that the comments from the review will not be necessary unless the CITY considers that the comments require additional plan review. The CONSULTANT shall prepare a Design Exception Report for any design feature that does not meet the criteria in the current AASHTO publication (used by the GDOT), Policy on Geometric Design of Highways and Streets and The Design Policy on Design Standards – Interstate System, as adopted by the FHWA. The report shall be submitted to GDOT for approval and further coordination and approval by the FHWA. The report shall contain information and be formatted as described in the GDOT’S Plan Development Process. The CONSULTANT shall prepare a Design Variance Report for any design feature that does not meet GDOT standards or policy. The report shall be submitted to the CITY for approval. The report shall contain information and be formatted as described in the GDOT’S Plan Development Process. CONSULTANT DELIVERABLES FOR PHASE IV – PRELIMINARY PLANS 1. Plans and other items as shown on the Preliminary Field Plan Review Request Checklist to be used for a Preliminary Field Plan Review. 2. Earthwork quantities. 3. Preliminary construction cost estimates and benefit/cost ratio. 4. FEMA and Bridge Hydraulic Studies. 5. Preliminary plans for an existing pavement evaluation. 6. Preliminary Field Plan Review report response. 7. Design Exception/Variance report(s), if applicable. 8. Traffic engineering reports for signal permit revisions, if applicable. PHASE V - RIGHT-OF-WAY PLANS The CONSULTANT shall prepare preliminary right-of-way plans for the PROJECT using information received, gathered, or produced in phases I, II, and III of the PROJECT. All linear and area units shall be in English. Parcel data table description should be placed on same sheet as parcel or on sheet directly following parcel. Placing all data sheets in the back of the project plan set is discouraged. Parcels shall be numbered consecutively beginning with the number one (1) and continuing the parcel count, alternating from one side of the roadway to the other. If there are additional parcels required, the inclusion of an alphabetical combination with the parcel number is appropriate for an interior or beginning parcel number. The use of parcel numbers with alphabetical combinations should not conflict with the letters that denote acquisition of remainders (R), Wetlands (W), and signs (S). Parcel numbers shall not be changed after the first plan submittal. The CONSULTANT shall not renumber the parcels unless specifically instructed in writing by the CITY. The CONSULTANT shall use the right-of-way checklist as shown in the GDOT’S Manual of Quality Standards for Consultant Services, current edition, to complete the right of way plans. The manual is available on-line at: http://www.dot.state.ga.us/doingbusiness/PoliciesManuals/roads/Pages/DesignPolicies.aspx The CONSULTANT shall submit three (3) sets of prints of the preliminary right-of-way plans to the CITY for review and comment. The CONSULTANT shall revise the preliminary right-of- way plans in accordance with the CITY'S comments and submit one (1) set of prints of the revised preliminary right-of-way plans along with the previously marked up prints for the CITY'S review and comment. This process may take three (3) or more iterations before the preliminary right-of-way plans can be approved. Upon approval of the right-of-way plans, the CONSULTANT shall submit two (2) sets of Mylar sepias of the approved right-of-way plans to the CITY. When the preliminary right-of-way plans are approved by the CITY, they will become known as Final Right-of-Way plans. The CONSULTANT shall be responsible for ensuring that the right- of-way and construction plans reflect the current property, property owners, topography, and terrain data through the Final Right-of-Way plans approval. The CONSULTANT shall submit to the CITY in an electronic format MicroStation files and the most current GDOT approved version of CAiCE data files for the CITY'S use. The CONSULTANT shall stake all existing and required rights-of-way and/or easement along the entire project limits and for each parcel where right of way or easement is required upon written “Notice to Proceed” by the CITY on this specific task. Notice to Proceed may be issued upon the CITY’S approval of the right of way plans. Right of way staking shall be completed in accordance with the following procedures: A. REQUIRED RIGHT-OF-WAY POINTS Place 60 penny nails with red flagging at all required right-of-way break points. Place 60 penny nails with blue flagging at all property line intersections with the required right-of-way. A guard stake shall be placed next to each point denoting the identification of the point. Red flagging shall be placed on each guard stake. 1. Guard stakes shall read: "REQ'D R/W" on one side of stake and should show the station and offset on the other side. 2. The maximum distance between right of way, property line, and easement stakes shall be 250 feet. Intermediate stakes may be required to achieve the distance. The location of the adjacent points (each side) shall be clearly visible from any given point. Flagging may be used as required to make this possible. B. EXISTING RIGHT-OF-WAY POINTS Wooden stakes shall be placed at all existing right-of-way points or existing easement points. Stakes at these points shall read: "EXIST R/W" or "EXIST EAS" on one side of the stake and shall show the station and offset on the other side. These stakes shall be flagged with white ribbon. NOTE: Do not place nails at existing right-of-way points. C. CONSTRUCTION EASEMENTS POINTS All easement break points shall be staked using wooden guard stakes flagged with yellow ribbon. The words "CONST EAS" shall be shown on one side of the stake and the station and offset shall be shown on the other side. Temporary driveway easements shall also be staked. D. STAKING ACCURACY The same survey accuracy standards apply for right-of-way staking as are defined in the Data Base Preparation Phase. All points staked will be based on State Plane Coordinates. No surface coordinates will be used. The CONSULTANT shall only revise the final right-of-way plans if approved or directed by the CITY. The CONSULTANT shall expeditiously make all changes to the final right-of-way plans due to changes in the roadway design only if requested to do so in writing by the CITY. CONSULTANT DELIVERABLES FOR PHASE V – RIGHT OF WAY PLANS 1. Three or more submittals of preliminary right-of-way plans (three sets of paper prints for the initial submission, one set of paper prints plus markups for subsequent submissions). 2. Two sets of Mylar sepias of the approved right-of-way plans. 3. Final Right of Way plans in electronic format (MicroStation files). 4. Preliminary construction plans in an electronic format (MicroStation files). 5. Electronic, most current GDOT approved version of CAiCE data file and output file containing only the point numbers and north and east coordinates of the PROJECT'S survey control, centerline, Right of Way and Easement points. 6. PROJECT survey control point/monument sketches. 7. Staked right-of-way PHASE VI - FINAL DESIGN CONSTRUCTION PLANS All final plans shall be submitted to the CITY on bond paper (with the exception of the construction plans cover sheet and the erosion and sedimentation control plan cover sheet, both of which shall be on mylar sepia) and in electronic format. Final construction plans shall be arranged and indexed in the order shown in Attachment 2: Standard Specifications for the Preparation of Roadway Construction Plans. The CONSULTANT'S services for the construction plans shall include a minimum of the following: 1. Prepare final plan and profile sheets for the roadway, ramps, side streets, and detours as described in Attachment 2 - Standard Specifications for the Preparation of Roadway Construction Plans. 2. Prepare cross sections of the all PROJECT roadways, detours and ramps showing the existing and proposed elevations at intervals of 50 feet, or closer in special or critical areas, measured along the centerline of construction. Intermediate sections will be required as necessary to fully clarify the intent of the plans. 3. Perform a check of roadway profiles and superelevation to insure there are no areas of potential ponding on roadway surface. 4. Prepare detailed plan sheets for all design features requiring additional detailed design information, including such examples as the geometrics of intersections; local street treatment; minor structures; drainage facilities; approach slabs; appurtenances such as utilities and details covering special problems as determined by the CONSULTANT or the CITY and approved by the CITY. 5. Prepare special grading plans as required or requested by the CITY. 6. Design and detail fully dimensioned plans for all drainage structures. 7. Design pavement structures using the GDOT’S Asphalt Pavement Design (APD) software for the mainline roadway and all side streets, ramps, detours, driveways, etc. The CONSULTANT shall submit the pavement designs along with the PROJECT cover sheet, typical sections and AADT traffic sheets for approval by GDOT. 8. Prepare final Signing, Marking, and Signal plans and quantities (including fiber optic communications cable routing and allocation plans and quantities for traffic signal and ATMS / ITS installations). 9. Prepare summary of quantities and detailed estimate sheets in accordance with GDOT practice. Roadway quantities shall be summarized on a sheet by sheet basis. 10. Prepare detailed erosion control plans indicating sediment basins, and other special items required to ensure adequate quantities to cover all stages of construction. 11. When applicable, prepare construction plans for bridges, gravity walls, and cast-in-place retaining walls including applicable notes for stage construction. 12. Prepare a detailed construction sequence (staging plans) to indicate maintenance of traffic procedures to be utilized during construction. Plans shall show details of all detour routings, temporary pavements, construction staging, additional erosion control as necessary and special traffic control devices. The plans and/or specifications shall indicate any required intermediate construction dates. Required restrictions to construction activity or lanes shall be clearly indicated and be approved by the CITY in writing prior to incorporation into the plans. Temporary signing, marking, and signal plans and other traffic control details shall be included with each construction sequence. 13. Prepare final utility plans for all utilities necessary for the PROJECT. The preparation includes the review of existing and proposed utility locations from plans furnished by utility companies. These plans will be pencil drawings on blue line prints or electronic data and it shall be the CONSULTANT'S responsibility to review for errors or omissions. After reviews are complete, locations shall be incorporated electronically onto final utility plan sheets. These sheets shall be included into the final plans. The request for final utility relocations shall be made once all comments from the PFPR are addressed, Right of Way plans are approved and written Notice to Proceed is given for PHASE VI. 14. Plans shall show all the necessary information as determined by the CITY, to permit construction stake-out and to indicate and delineate details necessary for the construction by a construction contractor. The CONSULTANT shall prepare special provisions and supplemental specifications following the format as outlined in GDOT'S "Standard Specifications Construction of Roads and Bridges", current edition, and the "Supplemental Specifications," current edition, modifying, augmenting or deleting the provisions of the Standard Specifications as required. The CONSULTANT shall incorporate into the plans, when applicable, certain other plans furnished by others, as specified by the CITY or as furnished by the CONSULTANT. The incorporated plans may include but is not limited to: 1. Lighting plans 2. Landscaping plans 3. Final Bridge plans 4. Final Wall plans 5. Public utility relocation plans 6. Other work to be included in the construction agreement 7. Wetland mitigation plans 8. Borrow/waste pit location plans The plan incorporation shall consist of indexing, numbering of sheets and including quantities on the detailed estimate sheet. The CONSULTANT shall prepare the final construction plans and specifications so that the quantities and detailed estimate may be broken into separate construction agreements. The CONSULTANT shall prepare a final detailed construction cost estimate for the PROJECT and each construction agreement using current item costs provided by the CITY. The CONSULTANT shall attend and participate in a Final Field Plan Review (FFPR) prior to acceptance of the design work. The CONSULTANT shall provide the items listed on the Final Field Plan Review Request Checklist that is contained in TOPPS 2440. The CONSULTANT shall address all comments in the FFPR report in writing within two weeks of receiving the approved report. FFPR comments shall be incorporated in the design plans by the CONSULTANT before final plans are submitted. CONSULTANT DELIVERABLES FOR PHASE VI- FINAL DESIGN CONSTRUCTION PLANS 1. Final construction plans on both bond paper (with the exception of the construction cover sheet and the erosion and sedimentation control cover sheet, both of which shall be on mylar sepia) and in electronic format reflecting all R/W revisions to date. The CONSULTANT shall ensure that all bond paper prints are clean and legible. The CONSULTANT shall use a CD with a label. A readme.txt listing included files shall be included. No zipped files of files that span two or more CD’s will be allowed. 2. Electronic files including earthwork and programs used for this PROJECT 3. Special provisions 4. Final detailed cost estimates 5. All marked utility plans and other utility information furnished by CIT Y or the Utility companies 6. Bond paper of final plans for utility location checks 7. Plans for Final Field Plan Review and completed checklist with all required plans, specifications etc. 8. Pavement designs for the project using GDOT’S Asphalt Pavement Design program. 9. Copies of all design calculations, notes and other information completed through all phases of the PROJECT design 10. Plans addressing results and comments from the Final Field Plan review 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 60 calendar days after Notice to Proceed. The CONSULTANT shall prepare a schedule showing milestone completion dates based on completing the WORK within 60 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 9/8/20101:30 PM R:\PWProjects\CIP\GDOT Prj\PI0533 Arnold Mill at New Providence\Fee Schedule 533 090810Page 1 of 3Year--->2010 2010 2010 2010 2010 2010Arnold Mill at New Providence Intersection10-SSI-05Firm:Item---->SS:Principal SS:PrjMgr SS:SrEngr SS:Engineer SS:TechSS:Admin Rate--->$195.72$142.97$118.59$102.33$78.32$60.87TaskUnit--> hour hour hour hour hour hour1555.556102197292330203 - Data base preparation4044 - Preliminary plans610184697164 174 85 - Right of way plans17014 16 20 24 40 46 - Final plans37224 40 80 104 116 8Arnold Mill at New Providence Intersection10-SSI-05Totals 2010:SS:Principal 2010:SS:PrjMgr 2010:SS:SrEngr 2010:SS:Engineer 2010:SS:Tech2010:SS:Admin Totals$149,995.25$10,960.32 $14,582.94 $23,362.23 $29,880.36 $25,845.60 $1,217.403 - Data base preparation$25,637.374 - Preliminary plans$64,590.00$3,522.96 $6,576.62 $11,503.23 $16,782.12 $13,627.68 $486.965 - Right of way plans$16,593.20$2,740.08 $2,287.52 $2,371.80 $2,455.92 $3,132.80 $243.486 - Final plans$43,174.68$4,697.28 $5,718.80 $9,487.20 $10,642.32 $9,085.12 $486.96 9/8/20101:30 PM R:\PWProjects\CIP\GDOT Prj\PI0533 Arnold Mill at New Providence\Fee Schedule 533 090810Page 2 of 3Arnold Mill at New Providence Intersection10-SSI-05Task3 - Data base preparation4 - Preliminary plans5 - Right of way plans6 - Final plansArnold Mill at New Providence Intersection10-SSI-05Totals3 - Data base preparation4 - Preliminary plans5 - Right of way plans6 - Final plans2010 2010 2010 2010 2010 2010 2010 2010 SS:Reproductions SS:Fedex SS:SurvPrjMgr SS:PartyChief SS:InstrOp SS:Tech UC:PrjMgrUC:SrEngr $100.00$50.00$101.46$63.56$44.15$78.32$190.40$135.15each each hour hour hour hour hour hour12134165165120114526 135 135 1085.25 1 4 10 10 4 11 451.75 4 20 20 85.252010:SS:Reproduction s 2010:SS:Fedex 2010:SS:SurvPrjMgr 2010:SS:PartyChief 2010:SS:InstrOp 2010:SS:Tech 2010:UC:PrjMgr2010:UC:SrEngr $1,225.00 $50.00 $3,449.64 $10,487.40 $7,284.75 $9,398.40 $2,094.40 $6,081.75$2,637.96 $8,580.60 $5,960.25 $8,458.56$525.00 $50.00 $405.84 $635.60 $441.50 $313.28 $2,094.40 $6,081.75$175.00 $405.84 $1,271.20 $883.00 $626.56$525.00 9/8/20101:30 PM R:\PWProjects\CIP\GDOT Prj\PI0533 Arnold Mill at New Providence\Fee Schedule 533 090810Page 3 of 3Arnold Mill at New Providence Intersection10-SSI-05Task3 - Data base preparation4 - Preliminary plans5 - Right of way plans6 - Final plansArnold Mill at New Providence Intersection10-SSI-05Totals3 - Data base preparation4 - Preliminary plans5 - Right of way plans6 - Final plans2010 2010 2010 2010 2010 UC:Tech UC:Admin UC:Drilling2 UC:Misc UC:Repro $76.73$59.87$1,032.00$1,500.00$250.00hour hour each each each11811111 7.5 11 1 2010:UC:Tech 2010:UC:Admin 2010:UC:Drilling2 2010:UC:Misc 2010:UC:Repro $844.03 $449.03 $1,032.00 $1,500.00 $250.00$844.03 $449.03 $250.00$1,032.00 $1,500.00 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: September 8, 2010 for the September 20, 2010 Council meeting Agenda Item: Approval of a Task Order with Street Smarts, Inc for the Design of Intersection Improvements for Birmingham Highway at Providence Road in the Amount of $154,949.57 Background: Street Smarts was selected as one of our on call planning and engineering consultants and they were approved by Mayor and Council on October 20, 2008. Street Smarts 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 Street Smarts - City master agreement dated November 12, 2008 and shall serve as authorization by the City of Milton to (“Consultant”) to perform the services described therein. The Street Smarts task order for design services for the intersection includes: 1. Database preparation 2. Preliminary plans 3. Right of way plans 4. Final plans The budget for this work will be from Capital Grant Fund (GDOT HPP Funds) and 80% is reimbursable from Federal Funds through GDOT. Legal Review: Street Smarts, Inc. Task Order 10-SSI-06 – Paul Higbee, Jarrard & Davis on 9/9/10 Attachments: 1. Task Order 10-SSI-06 PROFESSIONAL SERVICES AGREEMENT WITH STREET SMARTS, INC. DATED ___________________ TASK ORDER 10-SSI-06 DESIGN FOR BIRMINGHAM AT PROVIDENCE INTERSECTION 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 to Street Smarts, Inc. (referred to herein alternately as “Consultant” and “Street Smarts”) 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: Description of PROJECT: The PROJECT consists of data base preparation, preliminary plans, right -of-way plans, and final design construction plans for intersection improvements to SR 372 Birmingham Hwy. @ CR 27 Providence/New Providence Rd. in North Fulton County, G.M.D. 121. Description of Professional Services: The services to be furnished by the CONSULTANT under this Agreement shall be those necessary to design by a Computer Aided Design and Drafting (CADD) System and provide both hard copy and electronic files for: data base preparation, preliminary plans and layouts, right-of-way and easement plans and plats, and final design and construction plans for the PROJECT. The allowable CADD systems to be used for this Agreement shall be Microstation, CAiCE (most current GDOT approved version), Hydrain, SYNCHRO, HCS, and NETSYM. The CONSULTANT shall not use any other design, drafting or coordinate geometry software unless approved in writing by the CITY. Plans shall be prepared in accordance with the GDOT standards and CITY standards as to design criteria, procedures, and format. The CONSULTANT shall prepare all written specifications in the usual format used by the CITY. The CONSULTANT shall provide all materials required for the preparation of the plans, supplemental specifications, and special provisions as contemplated by the AGREEMENT and this Task Order. The CONSULTANT shall procure the CITY'S written approval to proceed with each phase of the PROJECT. Failure to procure such approval prior to CONSULTANT’s initiation of work on a phase will result in the CONSULTANT assuming all costs for that phase until written approval to proceed has been obtained from the CITY. The PROJECT plans shall be developed as follows: PHASE III- DATA BASE PREPARATION Database preparation shall consist of establishing survey control and gathering and processing all necessary topographic data required to design the project, which has not already been compiled by the CITY. This information is to include, but not be limited to, planimetric, terrain, drainage, property, right-of-way, and easement data. The database and survey control shall be of sufficient quality and completeness as to allow for the design, acquisition of right-of-way and easements, and construction of the PROJECT. All information in the database shall be compiled and stored in accordance with the GDOT’S Survey Processing Guidelines (feature codes, zones, attributes, cell files) and Electronic Data Guidelines (levels, line weights, colors, classifications, text sizes, and fonts). The data shall be gathered by remote sensing or field surveying processes that are acceptable to the CITY and GDOT. The survey limits shall be defined as those agreed to by the CITY and the CONSULTANT in order to supplement the existing database with updated field survey information due to changed field conditions. The CITY will furnish any available mapping/topography data, geodetic survey traverses and level nets, cadastral survey data, utility surveys and hydraulic surveys it considers beneficial to the CONSULTANT'S task. The CONSULTANT completely agrees and understands all mapping and survey data provided by the CITY is for information only and that by making this data available, the CITY does not vouch for the completeness, correctness or accuracy of the data. The CONSULTANT shall be completely responsible and liable for all mapping and surveys required in producing the end result items called for by this TASK ORDER. Prior to beginning any database preparation, the CONSULTANT shall communicate with the CITY'S Liaison Engineer to discuss existing information available and the right of entry letter. The CONSULTANT shall notify all property owners, in writing, of the impending surveys, prior to starting any surveying activities on their property. The CONSULTANT shall provide the District Preconstruction Engineer and the Area Engineer with a copy of the notification letter. The CONSULTANT shall provide the Liaison Engineer with a copy of each individual notification letter. The notification letter shall contain, at a minimum, the following information: The Project Number, County, and a brief project description The property owners name and address on the notification letter The Company names of the CONSULTANT and sub-consultants that will be in the field conducting the surveys or testing The Georgia Law, Code 32-2-2(9) which regulates the entry of private property by the GDOT The correct contact name and phone number of the CONSULTANT or sub-consultant The correct contact name and phone number of the Liaison Engineer for questions about the project The CONSULTANT shall keep all “Return-To-Sender” letters and forward them to the Liaison Engineer for filing. The CONSULTANT shall reference the following guidelines for mapping, surveys, and property data: 1. ASPRS INTERIM ACCURACY STANDARD FOR LARGE SCALE MAPS 2. CLASSIFICATION, STANDARDS OF ACCURACY, AND GENERAL SPECIFICATIONS OF GEODETIC CONTROL SURVEYS 3. GEORGIA DEPARTMENT OF TRANSPORTATION’S SURVEY PROCESSING GUIDELINES 4. GEORGIA DEPARTMENT OF TRANSPORTATION’S GUIDELINES FOR PROCESSING DESIGN DATA IN CAICE 5. GEORGIA DEPARTMENT OF TRANSPORTATION’S ELECTRONIC DATA GUIDELINES 6. GEORGIA DEPARTMENT OF TRANSPORTATION’S AUTOMATED FIELD SURVEY MANUAL 7. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) STANDARDS (NOAA TECHNICAL REPORT NOS88, NGS19) 8. FEDERAL GEODETIC CONTROL COMMITTEE (FGCC) – SPECIFICATIONS TO SUPPORT CLASSIFICATIONS, STANDARDS OF ACCURACY, AND GENERAL SPECIFICATIONS OF GEODETIC CONTROL SURVEYS. The CONSULTANT shall gather information and perform required surveys within the PROJECT limits and establish the following in a format as prescribed by the CITY. FIELD SURVEYS The CONSULTANT shall check any data or information furnished by the CITY for accuracy to determine that it is sufficient to meet the requirements and needs of the PROJECT. Any discovered errors or omissions contained in the data or information furnished by the CITY shall be reported in writing to the CITY. This written report should be received by the CITY prior to the beginning of work on Phase IV – PRELIMINARY PLANS. Upon receipt of the written report, the CITY will determine its concurrence for the CONSULTANT to do additional work if required. The CONSULTANT shall be completely responsible and liable for all mapping and surveys required in producing the end result items called for by this TASK ORDER. PROJECT Survey Control shall be established by the CONSULTANT on all agreements where data is to be collected for design purposes. The horizontal and vertical survey control value shall be determined by traverses originating from a published National Geodetic Survey (NGS) survey control monument and terminating on a separate published National Geodetic Survey (NGS) survey control monument, or other monumentation previously approved by the CITY. These traverses shall be known as the primary traverses for the PROJECT. The CONSULTANT shall use the National Oceanic and Atmospheric Administration (NOAA) standards (NOAA Technical Report NOS88, NGS19) on all horizontal traverses. The Primary Horizontal Traverse shall use the accuracy specifications for Traverse, Second-Order Class II (1:20,000). The Primary Traverse deltas shall have the minimum angle observations: 1. Minimum Observations – Horizontal Angles a. 0.2” Instrument – 6 D&R, Rejection Limit from mean 4” b. 1” Instrument – 8 D&R, Rejection Limit from Mean 5” c. 2” Instrument – 12 D&R, Rejection Limit from Mean 6” d. 3” Instrument – 16 D&R, Rejection Limit from Mean 7” 2. Minimum Observations – Vertical Angles a. All Instruments – 2 D&R, Rejection Limit from Mean 10” Note: For prescribed circle settings see FGCC – Specifications to Support Classifications, Standards of Accuracy, and General Specifications of Geodetic Control Surveys. The primary traverse shall be established by conventional survey method. If the primary traverse contains more than twelve deltas, the CITY will be consulted to determine if Polaris observation or GPS surveys will be required. All subsequent survey data shall be collected from the adjusted primary traverse values and reduced to State Plane. Each horizontal delta shall be located to allow for visibility with one forward and one separate back horizontal delta and shall have a minimum distance of 1,500 feet and a maximum distance of 3,000 feet between primary control deltas, unless otherwise specified by the CITY in writing. All coordinates are to be on the specified State Plane, Georgia Coordinate System of 1985 - NAD 83/94 adjustment. All measured distances must be reduced to grid distances using a combined sea level and scale factor before being used in traverse computations. The traverse closure, zone, grid factor, plus the horizontal and vertical datums shall be noted in the project records. The CONSULTANT shall establish Primary Horizontal Traverse monuments. No traverse monument shall be located within 6 feet of a travel lane. The monument should be a ¾ inch diameter, center punched, iron pin (rebar) a minimum of 2 feet long or a precast monument placed in stable ground. It should be driven to a minimum depth of 0.30 foot below natural ground. A primary traverse point can be set in a fixed stable concrete slab, such as approach slabs to bridges or parking lots, only if other suitable locations are not available. The traverse point should be a punched hole 0.01 foot in diameter, 0.02 foot in depth, with three identification lines beginning 0.03 foot from the punch hole and extending for 0.20 foot. All primary traverse points, within the limits of the project, should be elevated as part of the primary vertical traverse. The CONSULTANT shall use the North American Vertical Datum (NAVD) of 1988 on all vertical traverses. All vertical traverse points shall use specifications as required by Third-Order National Oceanic and Atmospheric Administration (NOAA) standards (0.049 foot times the square root of the miles distance). The maximum distance between vertical control monuments shall not exceed 1,000 feet. All traverses shall be established by the conventional differential leveling (spirit) method, unless otherwise approved by the CITY. A 25-foot fiberglass rod will not be used for this vertical control. The CONSULTANT shall establish Primary Vertical Traverse monuments. The primary vertical traverse monuments must be established on stable topographic features i.e. culvert headwalls, fixed concrete slabs, large hardwood trees, precast monuments. A benchmark should be set at all major drainage structures (culverts and bridges) and road intersections throughout the PROJECT. The benchmarks should be easily identifiable; such as a painted square cut or a nail with stamped washer. Benchmarks should never be set in power poles, steps, manhole covers, or tops of fire hydrants. The primary horizontal and vertical control traverses established for the PROJECT are to be used as the principle control for all field and photogrammetric survey activities. Evidence (closure precision, adjustment data, field notes, data files, etc.) must be provided to document the accuracy of both the primary horizontal and vertical traverses. These traverses shall be adjusted to hold the published coordinates of all approved control monuments. The CONSULTANT may use Global Positioning System (GPS) Technology as a means of establishing horizontal control pairs which are to be used for controlling the Primary Traverse within the PROJECT. A traditional Cadastral Traverse between these pairs will still be required. The traverse will have the previously described spacing and visibility for the control deltas and must meet the accuracy specifications for Traverse, Second-Order Class II (1:20,000). The horizontal and vertical control for the PROJECT can only be established with GPS technology after receiving written approval from the CITY. The following requirements must be met for GPS applications: 1. The GPS network for the PROJECT must consist of the following minimum requirements: a. For Horizontal Control, a minimum of 3 control stations shall be used and held fixed. Of these 3 control stations, one shall have a horizontal accuracy of Order B (1:1,000,000) or above. The control stations shall be from the National Geodetic Reference System (NGRS) database. The control stations shall be tied to the National Geodetic Survey (NGS) adjustment of 1994 and shall have a datum classification of NAD83/94, unless otherwise specified by the CITY. The stations shall be located in at least 3 quadrants (NE, NW, SE or SW) of the PROJECT and they shall encompass the entire PROJECT. A printed or plotted schematic of the GPS network design shall be provided to the CITY for approval prior to proceeding with the work. This schematic shall only show the non-trivial (independent) baselines used for the least squares adjustment of the GPS data. b. For Vertical Control, a minimum of 5 Third Order or better control stations shall be used and held fixed. The control stations shall be from the National Geodetic Reference System (NGRS) database or the U.S. Geological Survey database. These stations shall be located in all quadrants (NE, NW, SE and SW) of the PROJECT and they shall encompass the entire PROJECT. The stations shall have a datum classification of NAVD88, unless otherwise specified by the CITY. A printed or plotted schematic of the GPS network design shall be provided to the CITY for approval prior to proceeding with data collection. This schematic shall only show the non-trivial (independent) baselines used for the least squares adjustment of the GPS data. 2. Independent baselines in a network should not exceed 25 miles in length. However, if only L1-code (single-frequency receivers) is being used, then collected baselines cannot exceed 10 miles. 3. Each session's length will depend on how long 4 or more common (same) SV’s can be tracked simultaneously. If the signal is interrupted significantly or if common satellites are lost, then times must be increased to insure the following minimums with either Static or Fast Static Observations with synch rate of 15 seconds for L1/L2 receivers: 1.0 4. An elevation mask of 15 degrees shall be used when collecting all GPS data. 5. An epoch with a Position Dilution of Precision (PDOP) greater than 6.0 will not be considered as a usable measurement. 6. Provide the CITY a Receiver Independent Exchange (RINEX) format file of the raw data and control station data used in the GPS network. 7. Provide copies of field notes denoting the stations occupied by GPS receivers and the beginning and ending times of occupation. Also, provide the Height of Instrument (HI) for each GPS antenna (specifying whether it is true vertical or uncorrected), type of receiver and antenna used, and date of occupation. Permanent monuments (rebar) for the project should include both primary survey and centerline control. A scaled drawing, illustrating both the primary and centerline controls for the project should be included in the plans. The CONSULTANT shall obtain all available plats, deeds and easements from courthouse records of all property affected by the PROJECT. The CONSULTANT shall also contact the Georgia DOT Office of Right of Way and the District Location Engineer to obtain any existing Right of Way Plans and other property information that the CITY has available. The CONSULTANT shall compile and maintain an electronic listing of all current property owners' names and addresses and supply it with the completed data base to the CITY. This listing is to be known as the Property Statistics Report (PSR). The CONSULTANT shall locate all information about existing rights-of-way, property lines (including railroads), easements, property corners, Land Lot lines, and boundaries (state, county, and city) to be affected by the PROJECT. All right-of-way data shall be chained as 2-D geometric chains and put into a CAiCE file format to allow for viewing in both the CITY’s design and plotting softwares. Each right-of-way and parcel chain designation shall begin with the prefix of the CAiCE segment currently being processed. See the GDOT’s Survey Processing Guidelines for the feature code and attribute designations. The CONSULTANT shall collect and assemble the right-of-way survey data as per the following: 1. For surveying deeded right-of-way: a. Locate the centerline alignment of the road that was used to describe the deeded right- of-way by coordinating at least two (2) points on all tangents and three (3) points on all curves. It is very important to determine if any widening has taken place since the deed centerline was established. If widening was not symmetrical, use available field evidence to establish the deed centerline. b. All existing right-of-way markers should be coordinated. c. All existing property corners which will be used to determine the property take will be coordinated either by field survey or by computation from a deed or plat. All property points not directly impacting the "take" can be digitized from the deed, plat, or tax map. The boundary for each parcel shall be chained. d. The property data graphic MicroStation file must contain a notation, which denotes any "right-of-way that is claimed by prescription". 2. Developing the Property/Right-of Way database for roads with deeded right-of-way: a. The alignment of the existing road should be determined by using the tangent and curve points from the field survey. Degrees of curves should be computed by using the field points, and then compared to old plans, and then an appropriate degree assigned to the curve. b. The CITY'S right-of-way should then be set to correspond with this alignment. c. At this point the differences between the CITY'S right-of-way and the existing right- of-way markers and property information should be evaluated. d. All corners and boundaries, which conflict with the right-of-way, should be projected or terminated to conform precisely to the deeded right-of-way. e. The parcel chain should contain the newly created points, which conform to the right- of-way. The chain should not include any property points that conflict with this right- of-way. These conflicting points should be retained in the data file as part of the project records. f. Existing right-of-way markers which conflict with the true position of the right-of- way are not to be used in any chains but are to be retained in the data files as part of the project records. g. Since there will be property and right-of-way points residing in the data file, but are not included in any chains, the designer should use caution before "plotting all points". h. The CONSULTANT shall create a 2-D geometric property chain for each parcel. This chain includes all property corners (field located, computed, or digitized). The property chain shall begin at the back station property point and progress clockwise until the point of beginning is reached and thus illustrating a closed polygon. i. The acreage for an existing parcel shall be given as indicated by the recorded deed or plat. As a last resort, the computed acreage can be used. This acreage is important because it is used in the computation of the parcel remainder. 3. For surveying non-deeded right-of-way: a. The CONSULTANT will notify the CITY in writing that the roadway does not have a deeded right-of-way. b. The surveyor shall locate the centerline alignment of the road by coordinating at least two (2) points on all tangents and three (3) points on all curves. c. The surveyor shall coordinate the limits of the area along the roadway, which is maintained by the CITY or by the local government (e.g., back of ditch to back of ditch). This area may be claimed by prescription if it meets the legal requirements. d. The surveyor is to document on a tax map, or other drawing, all areas for which the CITY or a local government does not have deeded title. 4. Developing the Property/Right-of-Way database for non-deeded right-of-way: a. The CONSULTANT shall create 2-D geometric property chains from the field survey file that include all property corners (field located, computed or digitized) which identify parcels. b. The CONSULTANT shall create 2-D geometric chains from the field survey file that reflect the right-of-way that is considered to have been acquired by prescription (possession). c. The property and right-of-way chains shall show the conflicts between the property lines and these limits of the "claimed" (prescriptive) right-of-way. d. The property graphic MicroStation file must contain a notation, which states that, the "right-of-way is claimed by prescription". The CONSULTANT shall locate all existing inlets, outlets, and any other drainage structures (manholes, junction boxes) along the PROJECT. The CONSULTANT shall obtain top and invert elevations (flow lines), size, direction of flow, material and condition of all existing box culverts and other cross drains, side drains and storm and storm sewer structures. The CONSULTANT shall identify all lakes and streams within 300 feet along the PROJECT. Upon identification a field survey traverse for all drainage channels or streams, to a distance of 300 feet perpendicular each side of centerline along with elevations along the stream bed for flow lines (FL) plotting shall be obtained. The CONSULTANT shall prepare the Hydraulic Engineering Field Report as defined herein. Drainage areas for this report will be calculated by the Designer. It is not the responsibility of the surveyor to determine these areas. All other data requested on this report is to be completed by the surveyor. It is preferred that the extreme high and low water information be obtained from a long time resident in the area if possible. If none can be found, record plans or high-water mark on the bridge piling or tree can be used to determine high-water elevation. Provide location and floor elevation of any homes or buildings in the floodplain that have ever been flooded. This information should be plotted on a quadrangle map or county map showing centerline plus and offset. The CONSULTANT shall locate and identify all existing major utility facilities including railroads, cross country pipeline, electric transmission lines, and telecommunication lines. The CONSULTANT shall obtain profiles for all roadways, driveways, streams and channels, and detours as required for the design of roadways, bridges, and drainage and traffic control. This includes precise (0.10 foot or less) longitudinal and transverse pavement profiles of all roadways within the limits of the PROJECT that will be retained. These pavement elevations should accurately define the edges of pavement and all breaks in the cross slope. The 3-Dimensional pavement elevations shall be chained longitudinally and entered into the terrain database. The CONSULTANT shall obtain ground cross sections of sufficient length to design the PROJECT for all roadways, existing or planned, measured to an accuracy to insure calculated quantities are usable for construction payment. Terrain data gathered for a Digital Terrain Model (DTM) must include lines of discontinuity that define all terrain breaks and the database must also be enhanced with random elevations that do not exceed a 150 foot grid. All terrain mapping files gathered by full-field survey must be encompassed with a limit line that is a 3-Dimensional “TLIML” feature limit line survey chain. The DTM data will be of such quality and completeness as to insure that cross sections and profiles can be created to the following levels of accuracy: 1. 0.10 foot or less for roadway surfaces 2. 0.50 foot or less for ground terrain surfaces 3. 0.02 foot or less for bridge decks, bent caps and top of rail elevations. The CONSULTANT shall field locate all advertisement signs, commercial signs and permanent sign structures on or near the proposed right-of-way or easements. Survey of these signs must include location of the base and each end of the sign structure. The CONSULTANT shall survey all existing bridges impacted by the PROJECT. This shall require the locating of the beginning and ending bridge stations and stations of intermediate bents along with the skew angles, determining the elevations at the centerline and left and right gutter lines and at the bottom of the outside beams at the face of caps. For additional bridge survey requirements see Attachment 6 – Preliminary Layout Criteria for Bridges and Walls. The CONSULTANT shall supply, update, or expand the mapping database as required to design the PROJECT. This shall include the locating of all topographic data affected by the Project and the labeling of all structures as to their material type (brick, stone, wood, etc.) and usage (residency, business name). The CONSULTANT shall establish and stake the construction centerlines for all roadway alignments. These centerlines shall be monumented by setting iron pins (rebar) for all PCs, POCs, PTs, POTs and PI's without curves. The distances between these monuments should not exceed 1,000 feet. Stationing for the centerline of all roadways shall be painted or staked on each alignment at points no greater than 200 feet apart. Supplementary points shall be established between all points to insure visibility of at least two points (one ahead and one back) from any given point. Station numbers placed on paved areas shall be painted in yellow, approximately 0.5 foot high. The painting or staking of stations shall be in place prior to the request for PFPR and the soil survey. The CONSULTANT shall provide a Survey Control Packet for the project. The Survey Control Packet shall be assembled from the adjusted primary horizontal and vertical control traverses established for the project. The data contained in the Packet shall consist of the primary horizontal and vertical control points which will be used for all photogrammetric and field survey activities, project design, right-of-way staking and project construction. The project Survey Control Packet shall contain the following information in the order listed: 1. Cover sheet showing the project number, P.I. number and project description. 2. Area map showing location of project. 3. Copy of a quadrangle map with approximate location of all primary adjusted horizontal control deltas and published horizontal monuments that was used for the project plotted on the map. 4. Control file listing showing the following information in order listed: a. Project No., P.I. No. and description of project. b. Horizontal datum and zone used. c. Scale factor used. d. Published horizontal control monuments used. e. Vertical datum used. f. Published vertical control monuments used. g. Units of measurement. h. Point number, east coordinate, north coordinate, elevation and name or number of all published monuments used and primary control deltas set. 5. Description sketches for each primary survey control delta set. The following shall be noted on the sketch: a. Control delta number. b. Elevation. c. North arrow. d. Distance and direction from a minimum of three local features. e. A “to reach” description from a permanent feature such as road intersections and bridges over named streams, etc. 6. Copy of a quadrangle map with approximate location of all primary adjusted vertical benchmarks established and published vertical monuments that were used for the project plotted on the map. 7. Vertical control file listing all published monuments used and all primary vertical benchmarks set and described, along with their adjusted elevation. 8. Description sketches for each primary benchmark set. The following shall be noted on the sketch: a. Benchmark number b. Elevation c. North arrow d. Distance and directions from a minimum of three local features. e. A “to reach” description from a permanent feature such as road intersections and bridges over named streams, etc. f. The Horizontal and Vertical accuracy requirements for the Database will be as follows: 1. The horizontal accuracy tolerance for property, right-of-way and easements will be 0.10 foot or less for urban areas and 0.40 foot or less for rural areas. Any accuracy’s defined by State laws which are of a higher level for property surveys will take precedent over these. 2. The horizontal accuracy tolerance for general topographic data will be 0.70 foot or less. 3. The horizontal accuracy tolerance for bridge decks, bent and cap locations and top of rails will be 0.10 foot or less. 4. The vertical accuracy tolerance for terrain points will be 0.10 foot or less for roadway surfaces and 0.50 foot or less for ground terrain points. 5. The vertical accuracy tolerance for bridge decks, bent caps and top of rail elevations will be 0.02 foot or less. These elevations will be measured with a Spirit Level. 6. The determination of whether or not the plan cross sections meet accuracy specifications will be based on field checking the elevations contained in these cross sections. The CITY reserves the right to adjust these specifications to address specific or special conditions. The CITY will randomly field check the CONSULTANTS data. All accuracy checks will be compared to the primary horizontal and vertical traverses. A determination of the accuracy of the CONSULTANT’S work will be made by the GDOT’S District Preconstruction Office. In support of the field checks, the CONSULTANT will provide the following information and materials to the CITY for checking right-of-way, terrain and survey data: 1. Terrain (Profiles and Cross Sections) as a part of the Database phase deliverables. a. Hard copy text printouts of all alignment chains used for profiles and cross sections, as well as a text printout of the actual end area resolution file. The text printout of the end area resolution file should show the station number, profile elevation, and the elevation and offset distance of each cross section reading. The consultant should use the GDOT Compressed Endarea Report macro in CAiCE to generate this report. The GDOT Compressed Endarea Report macro writes out an ASCII text file format that is similar to the RDS format for distribution to Auditors and Contractors once the project is let to construction. The GDOT Compressed Endarea Report macro format uses much less paper when compared to the standard CAiCE Earthwork Report. b. Paper plots at 1”=50’ of the resolved property, which is referenced in the “Survey Processing Guidelines” as the prop.dgn. The plot will show all resolved geometric parcel chains and the points which define the chains. Property corners found should be illustrated with a comment of P.C.F. c. Paper plots of all 3-D random terrain points and break lines which were used to develop the Digital Map Models (DMM) or Digital Terrain Models (DTM) used for obtaining cross sections and profiles. d. Survey Control Packet as previously described in Item I Section E. e. A printed or plotted schematic of the GPS network design. This schematic shall only show the non-trivial (independent) baselines used for the least squares adjustment of the GPS data. f. A Receiver Independent Exchange (RINEX) format file of the raw data and control station data used in the GPS network. A copy of the NGS Data Sheet for each GPS Control point used should accompany the RINEX data for verification of control. g. An electronic ASCII file formatted to GDOT standards containing the information outlined in the “Georgia Department of Transportation Guidelines for Processing Design Data in CAiCE” section 7.1. If the CONSULTANT uses the Stakeout Survey Data macro in CAiCE, the files will be spaced and in the correct card column format for the CITY. 2. Right-of-Way, submitted after the completion of Right-of-Way staking. a. An electronic ASCII file formatted to GDOT standards containing the information outlined in the “Georgia Department of Transportation Guidelines for Processing Design Data in CAiCE” section 7.1. If the CONSULTANT uses the Stakeout Survey Data macro in CAiCE, the files will be spaced and in the correct card column format for the CITY. b. OUT FILE - This file should contain a listing of all points that differ between the ASCII electronic file and the approved plans. This list should equate which point numbers in the Out File correspond with point numbers in the plans. Also, the file should contain a list of all points which are not shown in the plan, such as survey control and centerline station point numbers. c. RIGHT-OF-WAY PLANS - Two sets of half size right-of-way plans. d. Survey Control Packet as previously described in Item I Section E. The CONSULTANT shall be responsible for the accuracy of all field data. The Determination by the CITY that randomly checked points are within acceptable CITY tolerance does not mean that all data has been accepted by the CITY as meeting agreement specifications. DATA PROCESSING The CONSULTANT shall process the field survey and photogrammetric mapping data in accordance with the GDOT’S Survey Processing Guidelines. The topographic (planimetric) data shall be provided in a 2-D MicroStation DGN file format and the terrain data shall be provided in a CAiCE SRV file format. These formats must be compatible with the GDOT'S design system software. The consulting firm that provides the property, drainage and field topography data shall be responsible for processing this data and assembling the final database. UTILITIES The CONSULTANT shall perform Subsurface Utility Engineering (SUE) Investigations in accordance with: Scope of Services for Subsurface Utility Investigations. This document is available online at: http://www.dot.state.ga.us/doingbusiness/utilities/sue/Pages/default.aspx GEOTECHNICAL The CONSULTANT shall perform soil survey investigations, bridge foundation investigations, and retaining wall investigations, as required, in accordance with the Guidelines for Geotechnical Studies, current edition. This document is available online at: http://www.dot.state.ga.us/doingbusiness/Materials/qaqc/Pages/default.aspx CONSULTANT DELIVERABLES FOR PHASE III – DATABASE PREPARATION 1. A Project Survey Control Packet illustrating the primary horizontal and vertical control traverses established for the PROJECT. The traverse closure, state plane projection zone, grid factor, plus the horizontal and vertical datums shall be noted in this packet. Evidence (closure precision, adjustment data, field notes, data files, etc.) must be provided to document the accuracy of both the primary horizontal and vertical traverses. The CONSULTANT may use Global Positioning System (GPS) Technology as a means of establishing horizontal control pairs which are to be used for controlling the Primary Traverse within the PROJECT; however a traditional Cadastral Traverse between these GPS pairs will still be required. 2. An electronic listing of all current property owners' names and addresses. This listing is to be known as the Property Statistics Report (PSR). The PSR will relate the 2-D geometric parcel chains in the CAiCE electronic database to the county tax records obtained from the property and deed research. 3. Electronic and paper copy of the Hydraulic Engineering Field Report. 4. Hard copy text printouts of all alignment chains used for profiles and cross sections, as well as a text printout of the actual end area resolution file. The text printout of the end area resolution file should show the station number, profile elevation, and the elevation and offset distance of each cross section reading. The Consultant shall use the Georgia Department of Transportation’s CAiCE VBA Macro called GDOT Compressed End area Report to extract the information and print it into a Standard format. The macro writes out a CAiCE End area file to an ASCII text file format that is similar to the RDS format for distribution to Auditors and Contractors when a project is let to Construction. This format uses much less paper when compared to the standard CAiCE Earthwork Report. Note: A small font will need to be used to print the report without 'wrapping'. The compressed format for the resulting output file is shown below. The example reflects data at one station. STA. 2+50.000 EXISTING SURFACE ELEV DIST ELEV DIST ELEV DIST ELEV DIST 874.7 -43.61 876.53 -42.95 879.13 -38.58 878.92 -36.75 879.01 -31.58 878.45 -29.18 878.75 -27.86 879.33 -22.74 880.47 -13.61 880.53 -7.99 880.60 6.32 880.45 13.72 877.89 35.94 877.06 37.40 877.44 38.30 881.01 47.35 881.42 59.03 881.60 59.67 883.72 67.48 883.59 71.35 882.47 95.30 881.96 105.31 5. Hard copies of all survey data gathered on all existing bridges impacted by the PROJECT. 6. Paper plots at 1”=50’ of the resolved property, which is referenced in the Section X – Survey Data (DGN) Files page 52 in the Georgia Department of Transportation’s Survey Processing Guidelines as the prop.dgn. The plot will show all resolved geometric parcel chains and the points which define the chains. Property corners found should be illustrated with a comment of P.C.F. and the type of material found. 7. Paper plots at a maximum scale of 1”=100’ of all 3-D random terrain points and break line which were used to develop the Digital Map Models (DMM) or Digital Terrain Models (DTM) used for obtaining cross sections and profiles. 8. An electronic ASCII file. The ASCII file is an electronic file that can easily be generated from CAiCE. Section 7 - Additional Files - page 65 in the Georgia Department of Transportation’s Guidelines for Processing Design Data in CAiCE illustrate the proper procedures for writing out data from CAiCE into the electronic format the CITY is requesting. 9. If Global Positioning System (GPS) Technology was utilized, a printed or plotted schematic of the GPS network design. This schematic shall only show the non-trivial (independent) baselines used for the least squares adjustment of the GPS data. 10. If Global Positioning System (GPS) Technology was utilized, a Receiver Independent Exchange (RINEX) format file of the raw data and control station data used in the GPS network. A copy of the NGS Data Sheet for each GPS Control point used should accompany the RINEX data for verification of control. 11. Copies of the field survey checks performed as a measure of accuracy of the mapping. 12. Electronic mapping (photogrammetric & field contact surveys) and related data that is formatted to be compatible with the CITY'S design softwares. The finished maps and all related items or products shall become the property of the CITY and shall be delivered in accordance with the terms of this agreement. 13. All information and material provided to the CONSULTANT by the CITY shall also be returned at the completion of the agreement. The CONSULTANT shall also be prohibited from retaining, either for its own use or sale to others, copies of mapping produced or any related data produced or obtained as a result of this agreement. All mapping and terrain data shall be delivered to the CITY on compact disks (CD). 14. Consultant/Surveyor Checklist – This checklist provides details and guidelines as an aid to develop the deliverables, and should accompany the submittals. 15. Soil Survey Summary, Bridge Foundation Investigation, and Wall Foundation Investigation, as required. PHASE IV - PRELIMINARY PLANS The CONSULTANT shall prepare, and submit to the CITY for review, preliminary roadway construction plans in the format of the approved concept validated in Phase I (Task Order 09- SSI-03) and using surveys and other information as gathered in Phase II. The CONSULTANT shall prepare by CADD (MicroStation and the most current GDOT approved coordinate software) and submit on paper prints for review by the CITY preliminary roadway designs in English format containing the following: 1. Proposed mathematized horizontal and vertical geometrics for roadways using AASHTO criteria. 2. Preliminary grading plan for roadways, including cross sections of the PROJECT plotted at 50 feet intervals, or closer in special or critical areas. 3. Retaining wall locations and wall envelopes. 4. Preliminary bridge layouts. 5. Provide hydraulic studies for Federal Emergency Management Agency floodways. 6. Drainage design developed sufficiently to ensure adequate right of way and easement is obtained. 7. Preliminary erosion and sediment control and maintenance plans. 8. Preliminary construction sequence with emphasis on constructability, required easements, and erosion and sediment control. 9. Preliminary earthwork quantities by stage construction. 10. Final surface typical sections. 11. Preliminary signing, marking, and signal plans with location of strain poles (traffic signal and overhead sign) and other obstacles that may affect right of way. The CONSULTANT shall also include any signage requirements for detour routes. 12. Preliminary driveway profiles. 13. Preliminary utility plans showing the existing locations of all utilities from information as gathered by the CONSULTANT in Phase II. The CONSULTANT shall attend and participate in the Constructability Review only. Review comments from the CITY shall be incorporated into the final plans by the CONSULTANT. The CONSULTANT shall address all comments in writing within four weeks of receiving the review. An updated set of plans showing that the comments from the review will not be necessary unless the CITY considers that the comments require additional plan review. The CONSULTANT shall prepare a Design Exception Report for any design feature that does not meet the criteria in the current AASHTO publication (used by the GDOT), Policy on Geometric Design of Highways and Streets and The Design Policy on Design Standards – Interstate System, as adopted by the FHWA. The report shall be submitted to GDOT for approval and further coordination and approval by the FHWA. The report shall contain information and be formatted as described in the GDOT’S Plan Development Process. The CONSULTANT shall prepare a Design Variance Report for any design feature that does not meet GDOT standards or policy. The report shall be submitted to the CITY for approval. The report shall contain information and be formatted as described in the GDOT’S Plan Development Process. CONSULTANT DELIVERABLES FOR PHASE IV – PRELIMINARY PLANS 1. Plans and other items as shown on the Preliminary Field Plan Review Request Checklist to be used for a Preliminary Field Plan Review. 2. Earthwork quantities. 3. Preliminary construction cost estimates and benefit/cost ratio. 4. FEMA and Bridge Hydraulic Studies. 5. Preliminary plans for an existing pavement evaluation. 6. Preliminary Field Plan Review report response. 7. Design Exception/Variance report(s), if applicable. 8. Traffic engineering reports for signal permit revisions, if applicable. PRELIMINARY PLAN PEER REVIEW At the beginning of Phase IV – PRELIMINARY PLANS a peer review of the roundabout shall be provided by the sub-consultant of Ourston Roundabout Engineering. The scope of the peer review is provided in the SR 372 Birmingham Highway & CR 27 Providence/New Providence Rd Roundabout Design Peer Review Proposal ORE-10087 included below. The fee for this task is included in task order 09-SSI-03. Street smarts W. KariYWard, PE May 27, 2414 Page 2 Geometria Des tin ■ Review horizontal geometric design for compoubon of eirde, location, alignment of approaches, and validation of the functionality of the rcK r bouts using our experience in design composition. ■ Provide suggestions for optimization, if necessary, based on safety, capacity, and oast. ■ Review operational performance of final geometry from ARCA DY 7. ■ Review the accommodation of des ign vehic n tumi ng mavemants. ■ Review crosswalk locations and bicyck3 ramp treatments. ■ Review visNility requirnments. Verticil Design ■ Rev ow the profiles of the apprneehee and the circle grade nt. ■ Revk--w and design guidance on v rtical geometric design and typical cross- sections. Wetina ■ rfVe will folow up the renew with a meeting via telephone to provide faedbadc and description of the comments. W1 conferences using our spaciaized computer dos ldop software can be used to facilitate the transfer of nfonmJon. Del'ivamh6lgs: o Operatibnaf Arr*ws Summary Usrrxxmrrdum a GAD fees wff? su$9asted gson etrr m )GiFiications a Design comments a Partrclpatran in raview me eta a Design comments on second t�mzontaf drmgn submrh'af to review jnmrporatran of aur comments Prefect Schedufe and Fess We can comp late the review iteration within four weeks from the date of the notice - to -proceed. We wiY be available to provIde ongoing sup part should questions arise after the comments have been isstod. Based on the proposed scope, we aro prepared to proceed with this initial assignment for a lump sum price of Eight Thousand Hine Hundred Dollars 4i8,91MM). No services beyond this budget shall be completed without prior approval from Street Smarts. Street srnarts Ms_ Kari Ward, P E "2T, 2414 Pap 3 If ALdhorized NAulhorLted Pe&r Revliow- Deslan Support for FInal Plan Preparatlon We anticipate providing review services of roundabout related plan sheets at the 60% and 90% plan stages. Our review witl include the folbwing items: Final Horizontal Design ■ Review the plan sheets for conformity with the previously accepted ha rizonta I des ign. • Identify arry areas that need to be modified for adherence to so id principals of modern roundatoxit operation. ■ Rev iew v is ins lity based o n sight distance requirements. Vertical Denim Review and provide design guidance on vortical design and typical cross- sections. 9brim noand Pavement Markin ■ Prov do guidanoe on the use of special signs and suggest Road for map -type or other directional sign layouts and locations. ■ Review signing i nd uding lane designation signs, eat signs, saute confimrations signs, etc. ■ Review pa+.ernent markings for confcrrn4 with design intentions relative to the roundabout geometry induding lane designation arrows, crosswalks, entry, and exit makings. Landscaao and LOU Des ion ■ Review planting limits according tovisibility roquiroments. • Review lighting design confirming pole location and luminance requirumeRts. Wcantidpatethatcthors will pofform the photomotricassessmentof lighting Iovels basad on preferred pole locations. Construction Staeine Review Review and provide reoamm ridatiots of eonstrt on staging. Dolivaratubs: o Plan sheet•markups anddm4p cornamints H Auihorl red Fees Based of the proposed scope, we arc prepared to proceed with this assignment for a lump sum price of Sb€ Thousand Sbly-five Dollars ("$6,065M). PHASE V - RIGHT-OF-WAY PLANS The CONSULTANT shall prepare preliminary right-of-way plans for the PROJECT using information received, gathered, or produced in phases I, II, and III of the PROJECT. All linear and area units shall be in English. Parcel data table description should be placed on same sheet as parcel or on sheet directly following parcel. Placing all data sheets in the back of the project plan set is discouraged. Parcels shall be numbered consecutively beginning with the number one (1) and continuing the parcel count, alternating from one side of the roadway to the other. If there are additional parcels required, the inclusion of an alphabetical combination with the parcel number is appropriate for an interior or beginning parcel number. The use of parcel numbers with alphabetical combinations should not conflict with the letters that denote acquisition of remainders (R), Wetlands (W), and signs (S). Parcel numbers shall not be changed after the first plan submittal. The CONSULTANT shall not renumber the parcels unless specifically instructed in writing by the CITY. The CONSULTANT shall use the right-of-way checklist as shown in the GDOT’S Manual of Quality Standards for Consultant Services, current edition, to complete the right of way plans. The manual is available on-line at: http://www.dot.state.ga.us/doingbusiness/PoliciesManuals/roads/Pages/DesignPolicies.aspx The CONSULTANT shall submit three (3) sets of prints of the preliminary right-of-way plans to the CITY for review and comment. The CONSULTANT shall revise the preliminary right-of- way plans in accordance with the CITY'S comments and submit one (1) set of prints of the revised preliminary right-of-way plans along with the previously marked up prints for the CITY'S review and comment. This process may take three (3) or more iterations before the preliminary right-of-way plans can be approved. Upon approval of the right-of-way plans, the CONSULTANT shall submit two (2) sets of Mylar sepias of the approved right-of-way plans to the CITY. When the preliminary right-of-way plans are approved by the CITY, they will become known as Final Right-of-Way plans. The CONSULTANT shall be responsible for ensuring that the right- of-way and construction plans reflect the current property, property owners, topography, and terrain data through the Final Right-of-Way plans approval. The CONSULTANT shall submit to the CITY in an electronic format MicroStation files and the most current GDOT approved version of CAiCE data files for the CITY'S use. The CONSULTANT shall stake all existing and required rights-of-way and/or easement along the entire project limits and for each parcel where right of way or easement is required upon written “Notice to Proceed” by the CITY on this specific task. Notice to Proceed may be issued upon the CITY’S approval of the right of way plans. Right of way staking shall be completed in accordance with the following procedures: A. REQUIRED RIGHT-OF-WAY POINTS Place 60 penny nails with red flagging at all required right-of-way break points. Place 60 penny nails with blue flagging at all property line intersections with the required right-of-way. A guard stake shall be placed next to each point denoting the identification of the point. Red flagging shall be placed on each guard stake. 1. Guard stakes shall read: "REQ'D R/W" on one side of stake and should show the station and offset on the other side. 2. The maximum distance between right of way, property line, and easement stakes shall be 250 feet. Intermediate stakes may be required to achieve the distance. The location of the adjacent points (each side) shall be clearly visible from any given point. Flagging may be used as required to make this possible. B. EXISTING RIGHT-OF-WAY POINTS Wooden stakes shall be placed at all existing right-of-way points or existing easement points. Stakes at these points shall read: "EXIST R/W" or "EXIST EAS" on one side of the stake and shall show the station and offset on the other side. These stakes shall be flagged with white ribbon. NOTE: Do not place nails at existing right-of-way points. C. CONSTRUCTION EASEMENTS POINTS All easement break points shall be staked using wooden guard stakes flagged with yellow ribbon. The words "CONST EAS" shall be shown on one side of the stake and the station and offset shall be shown on the other side. Temporary driveway easements shall also be staked. D. STAKING ACCURACY The same survey accuracy standards apply for right-of-way staking as are defined in the Data Base Preparation Phase. All points staked will be based on State Plane Coordinates. No surface coordinates will be used. The CONSULTANT shall only revise the final right-of-way plans if approved or directed by the CITY. The CONSULTANT shall expeditiously make all changes to the final right-of-way plans due to changes in the roadway design only if requested to do so in writing by the CITY. CONSULTANT DELIVERABLES FOR PHASE VI – RIGHT OF WAY PLANS 1. Three or more submittals of preliminary right-of-way plans (three sets of paper prints for the initial submission, one set of paper prints plus markups for subsequent submissions). 2. Two sets of Mylar sepias of the approved right-of-way plans. 3. Final Right of Way plans in electronic format (MicroStation files). 4. Preliminary construction plans in an electronic format (MicroStation files). 5. Electronic, most current GDOT approved version of CAiCE data file and output file containing only the point numbers and north and east coordinates of the PROJECT'S survey control, centerline, Right of Way and Easement points. 6. PROJECT survey control point/monument sketches. 7. Staked right-of-way PHASE VI - FINAL DESIGN CONSTRUCTION PLANS All final plans shall be submitted to the CITY on bond paper (with the exception of the construction plans cover sheet and the erosion and sedimentation control plan cover sheet, both of which shall be on mylar sepia) and in electronic format. Final construction plans shall be arranged and indexed in the order shown in Attachment 2: Standard Specifications for the Preparation of Roadway Construction Plans. The CONSULTANT'S services for the construction plans shall include a minimum of the following: 1. Prepare final plan and profile sheets for the roadway, ramps, side streets, and detours as described in Attachment 2 - Standard Specifications for the Preparation of Roadway Construction Plans. 2. Prepare cross sections of the all PROJECT roadways, detours and ramps showing the existing and proposed elevations at intervals of 50 feet, or closer in special or critical areas, measured along the centerline of construction. Intermediate sections will be required as necessary to fully clarify the intent of the plans. 3. Perform a check of roadway profiles and superelevation to insure there are no areas of potential ponding on roadway surface. 4. Prepare detailed plan sheets for all design features requiring additional detailed design information, including such examples as the geometrics of intersections; local street treatment; minor structures; drainage facilities; approach slabs; appurtenances such as utilities and details covering special problems as determined by the CONSULTANT or the CITY and approved by the CITY. 5. Prepare special grading plans as required or requested by the CITY. 6. Design and detail fully dimensioned plans for all drainage structures. 7. Design pavement structures using the GDOT’S Asphalt Pavement Design (APD) software for the mainline roadway and all side streets, ramps, detours, driveways, etc. The CONSULTANT shall submit the pavement designs along with the PROJECT cover sheet, typical sections and AADT traffic sheets for approval by GDOT. 8. Prepare final Signing, Marking, and Signal plans and quantities (including fiber optic communications cable routing and allocation plans and quantities for traffic signal and ATMS / ITS installations). 9. Prepare summary of quantities and detailed estimate sheets in accordance with GDOT practice. Roadway quantities shall be summarized on a sheet by sheet basis. 10. Prepare detailed erosion control plans indicating sediment basins, and other special items required to ensure adequate quantities to cover all stages of construction. 11. When applicable, prepare construction plans for bridges, gravity walls, and cast-in-place retaining walls including applicable notes for stage construction. 12. Prepare a detailed construction sequence (staging plans) to indicate maintenance of traffic procedures to be utilized during construction. Plans shall show details of all detour routings, temporary pavements, construction staging, additional erosion control as necessary and special traffic control devices. The plans and/or specifications shall indicate any required intermediate construction dates. Required restrictions to construction activity or lanes shall be clearly indicated and be approved by the CITY in writing prior to incorporation into the plans. Temporary signing, marking, and signal plans and other traffic control details shall be included with each construction sequence. 13. Prepare final utility plans for all utilities necessary for the PROJECT. The preparation includes the review of existing and proposed utility locations from plans furnished by utility companies. These plans will be pencil drawings on blue line prints or electronic data and it shall be the CONSULTANT'S responsibility to review for errors or omissions. After reviews are complete, locations shall be incorporated electronically onto final utility plan sheets. These sheets shall be included into the final plans. The request for final utility relocations shall be made once all comments from the PFPR are addressed, Right of Way plans are approved and written Notice to Proceed is given for PHASE VI. 14. Plans shall show all the necessary information as determined by the CITY, to permit construction stake-out and to indicate and delineate details necessary for the construction by a construction contractor. The CONSULTANT shall prepare special provisions and supplemental specifications following the format as outlined in GDOT'S "Standard Specifications Construction of Roads and Bridges", current edition, and the "Supplemental Specifications," current edition, modifying, augmenting or deleting the provisions of the Standard Specifications as required. The CONSULTANT shall incorporate into the plans, when applicable, certain other plans furnished by others, as specified by the CITY or as furnished by the CONSULTANT. The incorporated plans may include but is not limited to: 1. Lighting plans 2. Landscaping plans 3. Final Bridge plans 4. Final Wall plans 5. Public utility relocation plans 6. Other work to be included in the construction agreement 7. Wetland mitigation plans 8. Borrow/waste pit location plans The plan incorporation shall consist of indexing, numbering of sheets and including quantities on the detailed estimate sheet. The CONSULTANT shall prepare the final construction plans and specifications so that the quantities and detailed estimate may be broken into separate construction agreements. The CONSULTANT shall prepare a final detailed construction cost estimate for the PROJECT and each construction agreement using current item costs provided by the CITY. The CONSULTANT shall attend and participate in a Final Field Plan Review (FFPR) prior to acceptance of the design work. The CONSULTANT shall provide the items listed on the Final Field Plan Review Request Checklist that is contained in TOPPS 2440. The CONSULTANT shall address all comments in the FFPR report in writing within two weeks of receiving the approved report. FFPR comments shall be incorporated in the design plans by the CONSULTANT before final plans are submitted. CONSULTANT DELIVERABLES FOR PHASE VII- FINAL DESIGN CONSTRUCTION PLANS 1. Final construction plans on both bond paper (with the exception of the construction cover sheet and the erosion and sedimentation control cover sheet, both of which shall be on mylar sepia) and in electronic format reflecting all R/W revisions to date. The CONSULTANT shall ensure that all bond paper prints are clean and legible. The CONSULTANT shall use a CD with a label. A readme.txt listing included files shall be included. No zipped files of files that span two or more CD’s will be allowed. 2. Electronic files including earthwork and programs used for this PROJECT 3. Special provisions 4. Final detailed cost estimates 5. All marked utility plans and other utility information furnished by CITY or the Utility companies 6. Bond paper of final plans for utility location checks 7. Plans for Final Field Plan Review and completed checklist with all required plans, specifications etc. 8. Pavement designs for the project using GDOT’S Asphalt Pavement Design program. 9. Copies of all design calculations, notes and other information completed through all phases of the PROJECT design 10. Plans addressing results and comments from the Final Field Plan review 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 60 calendar days after Notice to Proceed. The CONSULTANT shall prepare a schedule showing milestone completion dates based on completing the WORK within 60 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 9/8/20101:35 PM R:\PWProjects\CIP\GDOT Prj\PI5448 Birmingham at Providence\Fee Schedule 5448 090810 Page 1 of 3Year--->2010 2010 2010 2010 2010 2010Birmingham at Providence Intersection10-SSI-06Firm:Item---->SS:Principal SS:PrjMgr SS:SrEngr SS:Engineer SS:TechSS:Admin Rate--->$195.72$142.97$118.59$102.33$78.32$60.87TaskUnit--> hour hour hour hour hour hour1698.85090192283322183 - Data base preparation5554 - Preliminary plans60016 3698153158 85 - Right of way plans14910 14 20 20 32 26 - Final plans39424 40 74 110 132 8 2010:SS:Principal 2010:SS:PrjMgr 2010:SS:SrEngr 2010:SS:Engineer 2010:SS:Tech2010:SS:Admin Birmingham at Providence Intersection10-SSI-06Totals 2010:SS:Principal 2010:SS:PrjMgr 2010:SS:SrEngr 2010:SS:Engineer 2010:SS:Tech2010:SS:Admin Totals$154,949.57$9,786.00 $12,867.30 $22,769.28 $28,959.39 $25,219.04 $1,095.663 - Data base preparation$34,236.964 - Preliminary plans$62,139.53$3,131.52 $5,146.92 $11,621.82 $15,656.49 $12,374.56 $486.965 - Right of way plans$14,128.84$1,957.20 $2,001.58 $2,371.80 $2,046.60 $2,506.24 $121.746 - Final plans$44,444.24$4,697.28 $5,718.80 $8,775.66 $11,256.30 $10,338.24 $486.96 9/8/20101:35 PM R:\PWProjects\CIP\GDOT Prj\PI5448 Birmingham at Providence\Fee Schedule 5448 090810 Page 2 of 3Birmingham at Providence Intersection10-SSI-06Task3 - Data base preparation4 - Preliminary plans5 - Right of way plans6 - Final plans2010 2010 2010 2010 2010 2010 2010 2010 SS:Reproductions SS:Fedex SS:SurvPrjMgr SS:PartyChief SS:InstrOp SS:Tech UC:PrjMgrUC:SrEngr $100.00$50.00$101.46$63.56$44.15$78.32$190.40$135.15each each hour hour hour hour hour hour10130235235145115124 200 200 1314.2 1 4 15 15 6 11 511.4 2 20 20 84.22010:SS:Reproduction 2010:SS:Fedex 2010:SS:SurvPrjMgr 2010:SS:PartyChief 2010:SS:InstrOp 2010:SS:Tech 2010:UC:PrjMgr2010:UC:SrEngr Birmingham at Providence Intersection10-SSI-06Totals3 - Data base preparation4 - Preliminary plans5 - Right of way plans6 - Final plans2010:SS:Reproduction s 2010:SS:Fedex 2010:SS:SurvPrjMgr 2010:SS:PartyChief 2010:SS:InstrOp 2010:SS:Tech 2010:UC:PrjMgr2010:UC:SrEngr $980.00 $50.00 $3,043.80 $14,936.60 $10,375.25 $11,356.40 $2,094.40 $6,892.65$2,435.04 $12,712.00 $8,830.00 $10,259.92$420.00 $50.00 $405.84 $953.40 $662.25 $469.92 $2,094.40 $6,892.65$140.00 $202.92 $1,271.20 $883.00 $626.56$420.00 9/8/20101:35 PM R:\PWProjects\CIP\GDOT Prj\PI5448 Birmingham at Providence\Fee Schedule 5448 090810 Page 3 of 3Birmingham at Providence Intersection10-SSI-06Task3 - Data base preparation4 - Preliminary plans5 - Right of way plans6 - Final plans2010 2010 2010 2010 2010 UC:Tech UC:Admin UC:Drilling UC:Misc UC:Repro $76.73$59.81$1,251.00$1,500.00$100.00hour hour each each each14811314 7.5 2.51 1 2010:UC:Tech 2010:UC:Admin 2010:UC:Drilling 2010:UC:Misc 2010:UC:Repro Birmingham at Providence Intersection10-SSI-06Totals3 - Data base preparation4 - Preliminary plans5 - Right of way plans6 - Final plans2010:UC:Tech 2010:UC:Admin 2010:UC:Drilling 2010:UC:Misc 2010:UC:Repro $1,074.22 $448.58 $1,251.00 $1,500.00 $250.00$1,074.22 $448.58 $250.00$1,251.00 $1,500.00 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: September 8, 2010 for September 20, 2010 Council meeting Agenda Item: Approval of a Roundabout Support and Lighting Agreement with GDOT for the Intersection Improvement at Birmingham Highway and Providence Road Background: The concept plan for the intersection improvements at Birmingham Hwy and Providence Rd is for a roundabout. The Georgia Department of Transportation (GDOT) requires an indication of commitment from the local government for: - The full and entire cost of the electric energy used for any lighting installed (if needed) - Any maintenance costs associated with the landscaping (after construction is complete) Legal Review: Paul Higbee, Jarrard & Davis on 9/9/10 Attachments: Indication of Roundabout Support Letter City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 INDICATION OF ROUNDABOUT SUPPORT To the Georgia Department of Transportation: Attn: State Traffic Engineer 935 E. Confederate Ave, Building 24 Atlanta, GA 30316 Location The CITY OF MILTON, in FULTON County supports the consideration of a roundabout at the location specified below. Local Street Names: BIRMINGHAM HWY at PROVIDENCE RD/NEW PROVIDENCE RD State/County Route Numbers: SR 372 at CR 27 Associated Conditions The undersigned agrees to participate in the following maintenance of the intersection in the event that the roundabout is selected as the preferred concept alternative: - The full and entire cost of the electric energy used for any lighting installed (if needed) - Any maintenance costs associated with the landscaping (after construction is complete) We agree to participate in a formal Local Government Lighting Project Agreement during the preliminary design phase. This indication of support is submitted and all of the conditions are hereby agreed to. The undersigned are duly authorized to execute this agreement. This is the ______ day of ___________________, 20_________ Attest: By: _________________________________________ ________________________________________ Title: _________________________________________ Clerk 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 2010 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on September 20, 2010 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2010 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 2010 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 2010 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 20th day of September, 2010. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ ________________________ Councilmember Karen Thurman Councilmember Joe Longoria _________________________ ________________________ Councilmember Julie Zahner-Bailey Councilmember Burt Hewitt _________________________ ________________________ Councilmember Bill Lusk Councilmember Alan Tart (SEAL) Attest: _______________________________ City Clerk City of Milton, Georgia Fiscal Year 2010 Summary of Departmental Budget Amendments #2 Fiscal Year 2010 Budget Amendment #2 2 The goal of the fiscal year 2010 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 balance departments and funds based on reallocation of expenses. 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 Increase 335,455 Expenditure Appropriation Increase 335,455 Net Revenue/(Expenditure) Requests:- Revenue Amendments: The change in original revenue estimates for the following revenue sources is driven by analysis of the activity-to- date. A projection was completed using available data indicating the fiscal year 2010 revenue estimates could be adjusted by the amounts indicated in the table on page 3. Some of the most significant changes are explained as follows: 1. Property Taxes were increased by $210,634 to account for higher collections of prior year taxes due to the late billing for 2009. 2. The following revenue collections are trending higher than anticipated: a. Local Option Sales Tax $150,000 b. Alcoholic Beverage License $ 27,000 c. Fines & Forfeitures $ 50,000 3. Motor Vehicle Tax is trending lower than expected. A proposed decrease of $35,000 is being submitted. 4. Court Administrative Fees are also trending lower than anticipated and a decrease of $45,000 is requested. Fiscal Year 2010 Budget Amendment #2 3 AMENDED BUDGET ACTUALS AS OF 8/30/10 BUDGET BALANCE REQUESTED BUDGET AMENDMENT FINAL AMENDED BUDGET TAXES Current Yr Property Taxes-Real $ 7,245,000 $ - $ 7,245,000 $ - $ 7,245,000 Current Yr Property Taxes-Utility 52,549 50,691 1,858 - 52,549 Prior Yr Property Taxes-Real 7,900,000 8,054,572 (154,572) 155,000 8,055,000 Current Yr Prop Taxes-Personal 120,000 - 120,000 - 120,000 Motor Vehicle Tax 450,000 392,822 57,178 - 450,000 Intangible Tax 190,000 133,351 56,649 (35,000) 155,000 Prior Yr Prop Taxes-Personal 162,746 165,319 (2,573) 2,573 165,319 Real Estate Transfer Tax 35,000 33,329 1,671 - 35,000 Franchise Fees 1,700,000 1,290,704 409,296 - 1,700,000 Local Option Sales Tax 3,400,000 2,790,974 609,026 150,000 3,550,000 Alcohol Beverage Excise Tax 277,000 239,222 37,778 - 277,000 Business & Occupation Tax 575,000 558,868 16,132 (15,500) 559,500 Insurance Premium Tax 850,000 - 850,000 - 850,000 Financial Institution Tax 26,158 26,158 - - 26,158 Penalties & Interest-Real Prop 82,000 134,362 (52,362) 52,500 134,500 Penalties & Interest-Pers Prop 1,457 2,018 (561) 561 2,018 Penalties & Interest-Business Lic 2,000 435 1,565 - 2,000 Penalties & Interest-Other 3,189 3,189 1 - 3,189 LICENSES & PERMITS Alcohol Beverage Licenses 128,700 155,700 (27,000) 27,000 155,700 Advertising Fee 1,000 2,200 (1,200) 1,200 2,200 Pouring Permit 3,300 4,985 (1,685) 1,685 4,985 Solicitation Permit 1,950 2,145 (195) 195 2,145 Zoning & Land Use Permits 4,500 6,031 (1,531) 1,531 6,031 Land Disturbance 20,000 1,505 18,495 (18,000) 2,000 Modification 2,000 1,400 600 (1,400) 600 Variance 8,000 5,000 3,000 (5,000) 3,000 Seasonal & Special Events 120 1,040 (920) 920 1,040 Sign Permits 7,000 6,953 47 - 7,000 Building Permits 63,699 65,434 (1,735) 7,000 70,699 NPDES Fees - 2,030 (2,030) 2,030 2,030 CHARGES FOR SERVICES Finance Admin Fee 68,000 68,925 (925) 925 68,925 Court Admin Fee 145,000 89,435 55,565 (45,000) 100,000 Maps & Cert Letters 500 375 125 - 500 Plan Review Fees 45,000 45,625 (625) 625 45,625 Open Records Fees 600 1,808 (1,208) 1,208 1,808 Development Bond Fee 3,000 - 3,000 (3,000) - Accident Reports 5,000 5,457 (457) 457 5,457 Expungement Fees 500 1,200 (700) 700 1,200 Alarm Registration 5,000 8,100 (3,100) 3,100 8,100 False Alarms 15,000 15,000 - - 15,000 Fire Plan Review 1,400 605 795 - 1,400 Fire Inspection 600 960 (360) 400 1,000 Background Check Fees 7,000 9,705 (2,705) 2,705 9,705 Facility Rental 2,500 2,000 500 (500) 2,000 Bad Check Fees 260 300 (40) 40 300 FINES & FORFEITURES Fines & Forfeitures 450,000 429,993 20,007 50,000 500,000 Ordinance Fines 2,500 2,394 106 - 2,500 INVESTMENT INCOME Interest Revenue 5,000 13,970 (8,970) - 5,000 Realized Gain/Loss on Investmt 15,000 14,939 61 - 15,000 CONTRIBUTIONS & DONATIONS Donation Revenue-Pub Sfty 1,000 1,000 - - 1,000 Public Safety Fund 2,370 2,370 - - 2,370 MISCELLANEOUS REVENUE Insurance Proceeds-Pub Sfty 635 635 (0) - 635 Other Misc Revenue 37,802 59 37,743 - 37,802 Over/Short Cash Drawer - 6,126 (6,126) - - OTHER FINANCING SOURCES Operating Transfers In-Htl/Mtl Fd 7,000 - 7,000 (3,500) 3,500 TOTAL $ 24,133,035 $ 14,851,421 $ 9,281,614 $ 335,455 $ 24,468,490 REVENUE SOURCE FY 2010 REVENUES Fiscal Year 2010 Budget Amendment #2 4 Expenditure Amendments: The recommended expenditure amendments are presented on the following pages by department. ACCOUNT DESCRIPTION AMENDED BUDGET ACTUALS AS OF 8/30/10 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL AMENDED BUDGET Salaries 243,551$ 207,018$ 36,533$ -$ 243,551$ Benefits 54,877 44,774 10,103 - 54,877 5 FTEs - Administrative Fees 65,000 34,278 30,722 - 65,000 Professional Fees 41,969 40,520 1,449 - 41,969 Professional Fees - Contracted 220,014 220,014 0 - 220,014 Communications 800 609 191 - 800 Postage 9,500 4,690 4,811 - 9,500 Advertising 2,900 2,403 497 - 2,900 Printing 8,360 4,278 4,082 - 8,360 Travel 1,500 315 1,185 - 1,500 Dues & Fees 575 760 (185) - 575 Education & Training 1,900 708 1,192 - 1,900 Maintenance Contracts 116,415 87,311 29,104 (29,104) 87,311 General Supplies - 89 (89) - - Machinery & Equipment - 131 (131) - - TOTAL EXPENDITURES 770,361$ 647,898$ 122,463$ (29,104)$ 741,257$ BUDGET AMENDMENT NOTES Account Name DECREASE 1. Maintenance Contracts (29,104) Total Decrease (29,104)$ TOTAL FINANCE BUDGET AMENDMENTS (29,104)$ Amendment Reason FINANCE FY 2010 Transfer out Community Development's portion of the HTE maintenance contract Fiscal Year 2010 Budget Amendment #2 5 ACCOUNT DESCRIPTION AMENDED BUDGET ACTUALS AS OF 8/30/10 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL AMENDED BUDGET Salaries $ 187,314 $ 158,217 $ 29,097 $ (11,800) $ 175,514 Benefits 35,277 31,890 3,387 - 35,277 3 FTEs Professional Fees - 35 (35) - - Professional Fees-Contracted 257,238 257,238 0 - 257,238 Communications 65,627 61,575 4,052 - 65,627 Printing - 62 (62) 62 62 Travel 500 354 146 - 500 Dues & Fees - 40 (40) 40 40 Education & Training 1,500 170 1,330 - 1,500 Contract Labor 4,166 (4,166) 11,800 11,800 Maintenance Contracts 13,527 16,420 (2,893) 4,473 18,000 General Supplies - 4,553 (4,553) 4,700 4,700 Food/Meals 57 57 (0) - 57 Computer/Software 124,724 120,722 4,002 - 124,724 Computer/Hardware 58,554 63,420 (4,866) 5,000 63,554 Machinery & Equipment 5,250 50,845 (45,595) 46,000 51,250 Cell Phone Replacements - 19 (19) - - TOTAL $ 749,568 $ 769,783 $ (20,215) $ 60,275 $ 809,843 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Printing Cover cost of printing business cards 62 2. Dues & Fees Cover dues for Georgia URISA 40 3. Contract Labor Hired temporary labor until IT Director position can be filled 11,800 4. Maintenance Contracts Annual maintenance for OSSI 4,473 5. General Supplies Computer supplies 4,700 6. Computer/Hardware Various hardware purchases 5,000 7. Machinery & Equipment 46,000 Total Increase 72,075$ DECREASE 1. Salaries Move unspent IT Director salary cost to Contract Labor (11,800)$ Total Decrease (11,800)$ TOTAL IT BUDGET AMENDMENTS 60,275$ Amendment Reason INFORMATION TECHNOLOGY FY 2010 Purchase telephone system during transition away from CH2M Hill Fiscal Year 2010 Budget Amendment #2 6 ACCOUNT DESCRIPTION AMENDED BUDGET ACTUALS AS OF 8/30/10 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL AMENDED BUDGET Salaries 2,436,672$ 2,118,446$ 318,226$ -$ 2,436,672$ Benefits 902,079 827,296 74,783 - 902,079 54 FTEs Professional Fees 37,150 29,595 7,555 - 37,150 Equipment R & M 102,245 49,023 53,222 - 102,245 Facilities R & M 9,000 16,306 (7,306) - 9,000 Vehicle R & M 700 975 (275) - 700 Grounds R & M 6,000 584 5,416 - 6,000 Rental Land & Buildings 220,197 78,809 141,388 - 220,197 Rental Equip & Vehicles 800 101 699 - 800 Communications 25,702 19,814 5,888 - 25,702 Travel 3,000 828 2,172 - 3,000 Dues & Fees 5,025 1,675 3,350 - 5,025 Education & Training 23,543 9,098 14,445 - 23,543 Maintenance Contracts 31,548 17,502 14,046 - 31,548 General Supplies-Suppression 33,525 26,048 7,477 - 33,525 General Supplies-Prevention 15,010 1,063 13,947 - 15,010 Water/Sewage 4,200 5,278 (1,078) - 4,200 Natural Gas 21,000 12,227 8,773 - 21,000 Electricity 22,000 18,229 3,771 - 22,000 Gasoline/Diesel 73,000 38,273 34,727 - 73,000 Food/Meals 200 297 (97) - 200 Telecommunications 2,400 1,764 636 - 2,400 Uniforms 44,470 34,615 9,855 - 44,470 Machinery 3,600 - 3,600 - 3,600 Furniture & Fixtures-Prevention 10,507 3,590 6,917 - 10,507 Computer/Software - 778 (778) - - Computer/Hardware-Prevention 445 - 445 - 445 Other Equipment 45,585 19,812 25,774 (2,556) 43,029 Other Equipment-Cell Phones 400 829 (429) - 400 Other Equip-Motorola Radios 4,000 2,346 1,654 - 4,000 TOTAL 4,084,003$ 3,335,197$ 748,806$ (2,556)$ 4,081,447$ BUDGET AMENDMENT NOTES Account Name DECREASE 1. Other Equipment (2,556) Total Decrease (2,556)$ TOTAL FIRE BUDGET AMENDMENTS (2,556)$ Transfer out the city match for the Assistance to Firefighter Grant that funds the exhaust extractors FY 2010 FIRE DEPARTMENT Amendment Reason Fiscal Year 2010 Budget Amendment #2 7 ACCOUNT DESCRIPTION AMENDED BUDGET ACTUALS AS OF 8/30/10 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL AMENDED BUDGET Salaries 353,100$ 297,048$ 56,052$ -$ 353,100$ Benefits 91,120 - 91,120 - 91,120 9 FTEs Professional Fees 52,105 27,355 24,750 - 52,105 Professional Fees-Contracted 368,909 368,909 (0) - 368,909 Vehicle Repairs & Maintenance 5,000 733 4,267 - 5,000 Communications 5,580 3,479 2,101 - 5,580 Advertising 4,095 2,800 1,295 - 4,095 Printing 500 221 279 - 500 Travel 900 640 260 - 900 Dues & Fees 1,260 1,024 236 - 1,260 Education & Training 3,000 1,376 1,624 - 3,000 Maintenance Contracts - 29,104 (29,104) 29,104 29,104 General Supplies - 236 (236) - - Gasoline 10,800 2,602 8,198 - 10,800 Food/Meals 400 - 400 - 400 Uniforms 1,000 748 252 - 1,000 Other Equipment - 726 (726) - Cell Phones - 30 (30) - Furniture & Fixtures 1,000 352 648 - 1,000 Other Equipment-NPDES 2,500 - 2,500 - 2,500 TOTAL EXPENDITURES 901,269$ 799,249$ 102,020$ 29,104$ 930,373$ BUDGET AMENDMENT NOTES Account Name INCREASE 1. Maintenance Contracts 29,104 Total Increase 29,104$ TOTAL COMM DEV BUDGET AMENDMENTS 29,104$ COMMUNITY DEVELOPMENT Community Development's portion of the maintenance for HTE FY 2010 Amendment Reason Fiscal Year 2010 Budget Amendment #2 8 ACCOUNT DESCRIPTION AMENDED BUDGET ACTUALS AS OF 8/30/10 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL AMENDED BUDGET Unallocated 7,194,120$ -$ 7,194,120$ 239,180$ 7,433,300$ Op Transfer Out to Cap Proj Fd 2,434,161 - 2,434,161 36,000 2,470,161 Op Transfer Out to Cap Grant Fd - - - 2,556 2,556 Op Transfer Out to Op Grant Fd 32,596 17,963 14,633 - 32,596 TOTAL 9,660,877$ 17,963$ 9,642,914$ 277,736$ 9,938,613$ BUDGET AMENDMENT NOTES Account Name INCREASE 1.Unallocated 239,180$ 2.Op Transfer Out to Cap Proj Fd 36,000 3.Op Transfer Out to Cap Grant Fd City's match for ASF grant for exhaust extractors 2,556 Total Increase 277,736$ TOTAL OFSU BUDGET AMENDMENTS 277,736$ Difference in revenue adjustments over expenditure adjustments - going to fund balance FY 2010 OTHER FINANCING USES Amendment Reason To fund unappropriated expenditure for OSSI training and computer refreshes Fiscal Year 2010 Budget Amendment #2 9 E-911 FUND This fund accounts for the collection of the E-911 wired and wireless fees the City receives from various carriers. These revenues are required to be expended on the operation of a 911 center. Currently, Milton contracts with the City of Alpharetta to provide this service. Another associated expense is the phone line connection between the two entities. The proposed amendment simply pulls funds out of the Unallocated line and into the Communication line to account for the cost of the phone line. ACCOUNT DESCRIPTION APPROVED BUDGET ACTUALS AS OF 8/30/10 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL AMENDED BUDGET REVENUES: Wireless 911 Fees 700,000$ 636,668$ 63,332$ -$ 700,000$ Interest Earned - - - - - TOTAL REVENUES 700,000$ 636,668$ 63,332$ -$ 700,000$ ACCOUNT DESCRIPTION APPROVED BUDGET ACTUALS AS OF 8/30/10 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL AMENDED BUDGET EXPENDITURES: Communications -$ 19,360$ (19,360)$ 22,000$ 22,000$ Maintenance Contract (IGA Alph) 638,231 598,677 39,554 - 638,231 Unallocated 61,769 - 61,769 (22,000) 39,769 TOTAL EXPENDITURES 700,000$ 618,037$ 81,963$ -$ 700,000$ BUDGET AMENDMENT NOTES EXPENDITURES -$ Total amendment to expenditure s - TOTAL E-911 FUND BUDGET AMENDMENTS -$ 1. Transfer funds from Unallocated to Communications to account for expenditures related to the cost of the phone line connecting Milton to the 911 Center FY 2010 EMERGENCY 911 FUND FY 2010 Fiscal Year 2010 Budget Amendment #2 10 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. These revenues are required to be spent on tourism-related programs or events. Since the City is expending these tax proceeds in another fund, transfers are made to the appropriate fund. The Special Events Fund expends $40,000 per year on events that attract tourism to the area and the General Fund expends the remaining funds on website maintenance and newsletters. This year, the revenue is trending lower than anticipated and the transfer out to the General Fund has been decreased to offset this. ACCOUNT DESCRIPTION APPROVED BUDGET ACTUALS AS OF 8/30/10 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL AMENDED BUDGET REVENUES: Hotel/Motel Taxes $ 47,000 $ 37,359 $ 9,641 $ (3,500) $ 43,500 TOTAL REVENUES $ 47,000 $ 37,359 $ 9,641 $ (3,500) $ 43,500 ACCOUNT DESCRIPTION APPROVED BUDGET ACTUALS AS OF 8/30/10 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL AMENDED BUDGET EXPENDITURES: Op Transfer Out to General Fd $ 7,000 $ - $ 7,000 $ (3,500) $ 3,500 Op Transfer Out to Special Ev Fd 40,000 33,101 6,899 - 40,000 TOTAL EXPENDITURES $ 47,000 $ 33,101 $ 13,899 $ (3,500) $ 43,500 BUDGET AMENDMENT NOTES REVENUES 1. Hotel/Motel Taxes - trending lower than anticipated (3,500)$ Total amendment to revenues (3,500) EXPENDITURES (3,500)$ Total amendment to expenditure s (3,500) TOTAL HTL/MTL TAX FUND BUDGET AMENDMENTS (3,500)$ 1. Op Transfers Out to General Fund - since taxes are trending lower than anticipated, the offset is to decrease the transfer out HOTEL/MOTEL TAX FUND FY 2010 FY 2010 Fiscal Year 2010 Budget Amendment #2 11 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 $50,000 or more, or an improvement/addition to an existing capital asset. The amendments to this fund are explained below and are followed by the budget spreadsheet on the next page: BUDGET AMENDMENT NOTES REVENUES 36,000 Total amendment to revenues 36,000 EXPENDITURES 16,000 - 3. Police Records Management - increased to cover the unappropriated training cost 20,000 Total amendment to expenditures 36,000 TOTAL CAPITAL PROJ FD BUDGET AMENDMENTS 36,000$ 2. Vehicle Reserve - transfer the Fire department's portion out of the Police department's budget 1. Computer Refreshes - to replace 7 laptops in PD 1. Op Transfer in from General Fund - increased to cover the unappropriated training cost for the new police records management system Fiscal Year 2010 Budget Amendment #2 12 ACCOUNT DESCRIPTION AMENDED BUDGET ACTUALS AS OF 8/30/10 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL AMENDED BUDGET REVENUES: Infrastructure Maintenance Fee 65,000$ 52,837$ 12,163$ 65,000$ Sidewalk Replacement 70,558 - 70,558 70,558 Tree Recompense 12,800 - 12,800 12,800 Landfill Use Fees 185,000 129,147 55,853 185,000 HYA Fees 57,650 13,142 44,508 57,650 Interest Revenue 2,000 - 2,000 2,000 Capital Lease Proceeds 446,500 20,500 426,000 446,500 Op Transfer In from General Fd 2,376,511 - 2,376,511 36,000 2,412,511 Budgeted Fund Balance 4,800,315 - 4,800,315 4,800,315 TOTAL REVENUES 8,016,334$ 215,626$ 7,800,708$ 36,000$ 8,052,334$ ACCOUNT DESCRIPTION AMENDED BUDGET ACTUALS AS OF 8/30/10 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL AMENDED BUDGET EXPENDITURES: City Council: City Hall Assessment 2,231$ 2,231$ 0$ -$ 2,231$ General Administration: New Vehicles 27,300 12,300 15,000 - 27,300 Finance: Financial Software 181,000 147,757 33,243 - 181,000 IT: Color Orthophotography 31,325 31,325 - - 31,325 Computer Refreshes - - - 16,000 16,000 Police: New Vehicles 120,233 120,232 1 - 120,233 Vehicle Reserve 405,966 - 405,966 (305,966) 100,000 Police Record Mgmt Software 3,599 15,891 (12,292) 20,000 23,599 Fire: Fire Station Improvements 23,729 4,722 19,007 - 23,729 New Vehicles 22,400 20,118 2,282 - 22,400 Vehicle Reserve - - - 305,966 305,966 Fire Apparatus 426,000 392,000 34,000 - 426,000 Advanced Life Support Equip 50,000 29,580 20,420 - 50,000 Public Works: Construction Inspectors 69,698 8,828 60,870 - 69,698 Gravel Roads Maintenance 177,355 48,872 128,483 - 177,355 Stormwater Maintenance 216,620 995 215,625 - 216,620 NPDES Permit Compliance 760,450 294,209 466,241 - 760,450 Pavement Management 1,915,036 676,107 1,238,929 - 1,915,036 Traffic Calming 56,942 - 56,942 - 56,942 Bridge Repairs-Landrum Rd 242,868 - 242,868 - 242,868 Re-Striping 96,515 73,067 23,449 - 96,515 Edge of Pavement Program 50,000 - 50,000 - 50,000 Bridge Replacement Program 696,468 64,531 631,937 - 696,468 New Vehicles 100,000 69,322 30,678 - 100,000 Parks & Recreation: Land Acquisition 1,498,514 16,400 1,482,114 - 1,498,514 Milton Trails 300,000 - 300,000 - 300,000 Bell Memorial Cap Improvmts 57,650 1,966 55,684 - 57,650 Community Development: Comprehensive Plan 109,520 58 109,463 - 109,520 Arnold Mill Corridor Study 150,000 - 150,000 - 150,000 Tree Recompense 12,800 175 12,625 - 12,800 New Vehicles 39,115 38,774 341 - 39,115 Community Dev Software 173,000 115,911 57,089 - 173,000 TOTAL EXPENDITURES 8,016,334$ 2,185,370$ 5,830,964$ 36,000$ 8,052,334$ CAPITAL PROJECTS FUND FY 2010 FY 2010 Fiscal Year 2010 Budget Amendment #2 13 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. ACCOUNT DESCRIPTION AMENDED BUDGET ACTUALS AS OF 8/30/10 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL AMENDED BUDGET REVENUES: Assistance to Firefighter Grant -$ -$ -$ 23,004$ 23,004$ Transportation Master Plan 121,741 - 121,741 - 121,741 GDOT HPP Funds 1,265,184 - 1,265,184 - 1,265,184 MARTA Grant - - - 613,000 613,000 Op Transfer In from General Fd - - - 2,556 2,556 Budgeted Fund Balance 242,088 - 242,088 - 242,088 TOTAL REVENUES 1,629,013$ -$ 1,629,013$ 638,560$ 2,267,573$ ACCOUNT DESCRIPTION AMENDED BUDGET ACTUALS AS OF 8/30/10 BUDGET BALANCE REQUESTED BUDGET AMENDMENTS FINAL AMENDED BUDGET EXPENDITURES: Fire: Other Equipment -$ -$ -$ 25,560$ 25,560$ Public Works: Transportation Master Plan 47,533 - 47,533 - 47,533 Birmingham @ Providence 918,980 - 918,980 - 918,980 Arnold Mill @ New Providence 662,500 - 662,500 - 662,500 MARTA Project - - - 613,000 613,000 Parks & Recreation: Bathroom Renovation - - - - - TOTAL EXPENDITURES 1,629,013$ -$ 1,629,013$ 638,560$ 2,267,573$ BUDGET AMENDMENT NOTES REVENUES 23,004$ 2. MARTA Grant - Increased to account for the grant awarded by MARTA 613,000 3. Op Transfer In from General Fund - City's match for the ASF grant 2,556 Total amendment to revenues 638,560 EXPENDITURES 1. Fire - Other Equipment - Increased to account for the cost of the exhaust extractors 25,560$ 2. MARTA Project - Increased to account for the related to the MARTA Grant:613,000 Total amendment to expenditures 638,560 TOTAL CAPITAL GRANT FD BUDGET AMENDMENTS 638,560$ 1. Assistance to Firefighter Grant - Increased to account for the grant awarded for the exhaust extractors FY 2010 FY 2010 CAPITAL GRANT FUND Page 1 of 11 Prepared by the Community Development Department for the Mayor and City Council Meeting September 20, 2010 *Based on the first amendment to modification application ZM10-02 submitted July 29, 2010 by the applicant. PETITION NUMBER(S): ZM10-02 PROPERTY INFORMATION ADDRESS Hidden Forest S/D on Morris Road & Bethany Bend DISTRICT, LAND LOT 2/1, 972, 973 OVERLAY DISTRICT State Route 9 EXISTING ZONING TR (Townhouse Residential) 2002Z-105, 2003ZM-067 ACRES 21.66 EXISTING USE Partially developed townhouse subdivision and single family homes OWNER/APPLICANT JSB Triangle, Inc, Javad Oskoei ADDRESS P.O. Box 669 Alpharetta, GA 30009 REPRESENTATIVE Nathan V. Hendricks, III ADDRESS 6085 Lake Forrest Drive Atlanta, GA 30328 (404) 255-5161 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM10-02 – APPROVAL CONDITIONAL INTENT To modify 2002Z-105 and 2003ZM-067/2003VC-0247 to modify Condition 2.a. (2003ZM- 067) by deleting the November 18, 2003* site plan currently referenced and substituting and placing in lieu thereof the site plan filed on June 30, 2010. To Modify condition 3.e. (2002Z-105) by reducing the minimum 50-foot perimeter principal building setback to 35 feet where the subject site adjoins property zoned AG-1 (Agricultural). Page 2 of 11 Prepared by the Community Development Department for the Mayor and City Council Meeting September 20, 2010 *Based on the first amendment to modification application ZM10-02 submitted July 29, 2010 by the applicant. LOCATION MAP/ZONING MAP Page 3 of 11 Prepared by the Community Development Department for the Mayor and City Council Meeting September 20, 2010 *Based on the first amendment to modification application ZM10-02 submitted July 29, 2010 by the applicant. SITE PLAN SUBMITTED JUNE 30, 2010 (Area to be modified) Page 4 of 11 Prepared by the Community Development Department for the Mayor and City Council Meeting September 20, 2010 *Based on the first amendment to modification application ZM10-02 submitted July 29, 2010 by the applicant. SITE PLAN SUBMITTED NOV 18, 2003 (ZM03-67) Page 5 of 11 Prepared by the Community Development Department for the Mayor and City Council Meeting September 20, 2010 *Based on the first amendment to modification application ZM10-02 submitted July 29, 2010 by the applicant. AERIAL WITH EXISTING LOT LINES Page 6 of 11 Prepared by the Community Development Department for the Mayor and City Council Meeting September 20, 2010 *Based on the first amendment to modification application ZM10-02 submitted July 29, 2010 by the applicant. OVERALL SITE PLAN SUBMITTED JUNE 30, 2010 Page 7 of 11 Prepared by the Community Development Department for the Mayor and City Council Meeting September 20, 2010 *Based on the first amendment to modification application ZM10-02 submitted July 29, 2010 by the applicant. Location of berm along lot 112 Subject site looking east toward Bethany Bend Page 8 of 11 Prepared by the Community Development Department for the Mayor and City Council Meeting September 20, 2010 *Based on the first amendment to modification application ZM10-02 submitted July 29, 2010 by the applicant. Subject site looking from approximately lot 110 toward Spring Valley Townhomes Analysis and Recommendations The subject site contains 21.66 acres and is partially developed with attached townhomes and single family detached homes. Pursuant to 2002Z-105 the site is approved for 118 total residential dwelling units at a maximum density of 5.48 units per acre. All dwelling units north of Camp Creek shall be detached single family units and not exceed 3.0 units per acre while all other units south of Camp Creek may be attached units. Pursuant to 2003ZM-067/2003VC-247, the applicant received approval for a revised site plan received by the Fulton County Department of Environment and Community Development on November 18, 2003* and concurrent variance to reduce the perimeter setback for new streets from 50 feet to 10 feet adjacent to agriculturally and residentially zoned properties. COMMUNITY ZONING INFORMATION MEETING – July 28, 2010 The applicant and his representative were present at the meeting. There was one adjacent property owner, Mr. Buice that attended. He had concerns regarding the existing water run - off from Bethany Bend Road on his property adjacent to the emergency gravel road. He stated that the water pooled on his property floods his parking pad adjacent to the gravel Page 9 of 11 Prepared by the Community Development Department for the Mayor and City Council Meeting September 20, 2010 *Based on the first amendment to modification application ZM10-02 submitted July 29, 2010 by the applicant. road. Mr. Buice was also concerned that the reduction in the building setback would increase the water flow. EXISTING Condition 3.e. To provide a minimum 50-foot perimeter principal building setback where the subject site adjoins property zoned AG-1 (Agricultural). PROPOSED Condition 3.e. To provide a minimum 35-foot perimeter principal building setback where the subject site adjoins property zoned AG-1 (Agricultural) except lot 112 which will remain at a 50-foot perimeter principal building setback. The applicant is requesting that lots 108 through 118 in the northeast portion of the subject site be reduced from a 50-foot perimeter principal building setback to a 35-foot perimeter principal building setback. Staff notes that since the time of the original rezoning pursuant to Z2002-105, the property to the east and south of the subject site (Lots 114-118 and a portion of 113) was zoned TR (Townhouse Residential) including a Use Permit for senior housing pursuant to RZ08-08, U08-04. In addition, the applicant has received a single family home building permit on lot 112 that is consistent with the existing requirement of a 50-foot perimeter principal building setback. Therefore, a reduction in the setback is not needed for lots 112, 114-118. Staff notes that Lot 111 is an interior lot which requires a 25-foot rear setback per TR (Townhouse) district standards. Lots 109, 100, 112 and 113 (north property line) are adjacent to property zoned AG-1 (Agricultural). The closest single family residence (3495 Bethany Bend) is approximately 80 feet from lot 113 measured to the requested 35-foot perimeter principal building setback and approximately 125 feet from lot 110 measured to the requested 35-foot perimeter principal building setback. Staff notes there is a required 25-foot undisturbed buffer and 10- foot improvement setback along lots 109 through 118. In addition, along lot 112, there is an earthen berm to the southwest of the requested 35-foot perimeter principal building setback. Bisecting lot 110 is a 20 foot public sanitary sewer easement which would limit any potential single family residence to be built further from the 3495 Bethany Bend. Property located at 3475 Bethany Bend abuts the common area and lots 109 and 110. The residence is located near Bethany Bend and a large distance from the aforementioned lots which are directly adjacent to it. In addition, based on the required 25-foot undisturbed buffer and 10-foot improvement setback, any future single family residences will be buffered from the existing AG-1 (Agricultural) single family residences. Based on the facts discussed above, it is Staff’s opinion that the reduction in the perimeter principal setback from 50 feet to 35 feet will not have an adverse effect on the adjacent properties currently zoned AG-1 (Agricultural). Therefore, Staff recommends that Condition 3.e. be APPROVED CONDITIONAL. Page 10 of 11 Prepared by the Community Development Department for the Mayor and City Council Meeting September 20, 2010 *Based on the first amendment to modification application ZM10-02 submitted July 29, 2010 by the applicant. EXISTING Condition 2a. To the site plan received by the Department of Environment and Community Development on November 18, 2003*. Said site plan is conceptual only and must meet or exceed the requirements of the ongoing Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. PROPOSED Condition 2a. To the revised site plan received by the City of Milton Community Development Department on June 30, 2010. Said site plan is conceptual only and must meet or exceed the requirements of the ongoing Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. The applicant has submitted a revised site plan to the City of Milton Community Development Department on June 30, 2010 to reflect the requested change to condition 3.e. as described above. The revised site plan also depicts the change in zoning from AG-1 (Agricultural) to TR (Townhouse Residential) on adjacent properties and an approved Use Permit for senior housing (Bajun American Properties, LP). Therefore, the 50-foot perimeter principal building setback is no longer applicable to the lots adjacent to the Bajun American Properties, L.P. located between a portion of lot 113 and 114 through 118 and including the common area adjacent to Flamingo Road. Based on Staff’s recommendation to approve the reduction of the 50-foot perimeter principal building setback to 35 feet adjacent to property that is currently zoned AG-1 (Agricultural), Staff recommends APPROVAL CONDITIONAL of Condition 2.a. for the revised site plan submitted on June 30, 2010. Page 11 of 11 Prepared by the Community Development Department for the Mayor and City Council Meeting September 20, 2010 *Based on the first amendment to modification application ZM10-02 submitted July 29, 2010 by the applicant. RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (ZM10-02) should be revised to read as follows: 2. To the owner's agreement to abide by the following: a. To the revised site plan received by the City of Milton Community Development Department on June 30, 2010. Said site plan is conceptual only and must meet or exceed the requirements of the ongoing Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3. To the owner’s agreement to the following site development considerations: e. To provide a minimum 35-foot perimeter principal building setback where the subject site adjoins property zoned AG-1 (Agricultural) except lot 112 which will remain at a 50-foot perimeter principal building setback. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON PETITION NO. ZM10-02 AN ORDINANCE TO MODIFY CONDITIONS OF A RESOLUTION BY THE FULTON COUNTY BOARD OF COMMISSIONERS APPROVED PETITIONS 2002Z-105 ON MAY 3, 2003 AND 2003ZM-067 ON FEBRUARY 4, 2004 AND TO MODIFY CONDITIONS OF AN ORDINANCE BY THE CITY OF MILTON MAYOR AND CITY COUNCIL ON SEPTEMBER 20, 2010, ZM10-02, PROPERTY LOCATED ON BETHANY BEND AND MORRIS ROAD IN LAND LOTS 972 AND 973 OF THE 2ND DISTRICT 1ST SECTION CONSISTING OF APPROXIMATELY 21.66 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on September 20, 2010 at 6:00 p.m. as follows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on May 3, 2003, for petition 2002Z-105 that approved a zoning to TR (Townhouse Residential) and for petition 2003ZM-067 that approved a zoning modification to revise a site plan on Bethany Bend and Morris Road consisting of a total of approximately 21.66 acres, attached hereto and made a part herein; ALL THAT TRACT or parcel of land located in Land Lots 972 and 973 of the 2nd District 1st Section of the attached legal description; and SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 20th day of September 2010. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, Interim City Clerk (Seal) CONDITIONS OF APPROVAL ZM10-02 Bethany Bend and Morris Road Should the Mayor and City Council approve this petition, the recommended conditions (ZM10-02) should be revised to read as follows: 2. To the owner's agreement to abide by the following: a. To the revised site plan received by the City of Milton Community Development Department on June 30, 2010. Said site plan is conceptual only and must meet or exceed the requirements of the ongoing Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3. To the owner’s agreement to the following site development considerations: e. To provide a minimum 35-foot perimeter principal building setback where the subject site adjoins property zoned AG-1 (Agricultural) except lot 112 which will remain at a 50-foot perimeter principal building setback. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Prepared for the September 20, 2010 Mayor and City Council Meeting RZ10-04 1 To: Mayor and City Council From: Robyn MacDonald, Planner, Community Development Department Date: September 8, 2010 Re: Agenda Item: RZ10-04 – To Amend the City of Milton Zoning Ordinance to create a required distance for Convenience Stores and Service Stations from residential uses/zoning districts within the Northwest Fulton Overlay and State Route 9 Overlay Districts (Chapter 64 Division 5 and Chapter 64 Division 6). Background: Members of the City Council requested that Staff look at the feasibility of changing the existing ordinance in the following manner: 1. “Provide a reasonable set back from residential areas for all gas/service stations or drive through establishments. While I am sure there are examples of this type of setback in the surrounding jurisdictions, I would imagine a minimum of 300 feet would be considered reasonable.” 2. “Require any commercial zoned property to obtain a use permit, if that property will utilize or sell any hazardous material such as gasoline, propane, or other materials that require special handling or storage.” This amendment applies specifically to the first request. Staff collected information from surrounding jurisdictions within the metropolitan Atlanta area shown in the table below. Jurisdiction Required Setbacks Snellville, GA Fuel Pumps and Gas Storage Tanks to be 100 feet from any residential zoning district Roswell, GA All buildings and appurtenances to be 100 feet from any residential zoning district Cherokee County, GA Highway 92 Village Ordinance - All buildings and appurtenances are to be located at least 400 feet from any residential property line; and that all fuel is stored underground outside of any public right-of-way.) Forsyth County, GA The required setbacks required adjacent to residential range from 30 feet in the Neighborhood Shopping Zoning District to 90 feet in the Heavy Industrial District. Staff notes that the distances are typically enforced in two ways within a zoning ordinance; 1) Use Permits and 2) Overlay district requirements. It is Staff’s opinion that for the City of Milton, adding a distance requirement to the overlay districts (State Route 9 and Northwest Fulton) would be the most prudent manner to enforce distance requirements. In addition, one jurisdiction is different from another and the same restrictions may result in unintended City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Prepared for the September 20, 2010 Mayor and City Council Meeting RZ10-04 2 consequences. Therefore, Staff has made the following analysis regarding convenience stores and service stations. Within the City of Milton Zoning Ordinance, there are two definitions that address dispensing of motor fuels in Section 64-1. A. Convenience Store: (1) Means a use offering a limited variety of groceries, household goods, and personal care items, always in association with the dispensing of motor fuels as an accessory use. (2) Does not include vehicle service, maintenance and repair. B. Service Station Means a use which provides for the sale of motor vehicle fuels and automotive accessories, and which may provide minor repair and maintenance services. A service station shall be limited to four or fewer bays excluding no more than one attached or detached bay for washing cars. Convenience stores and service stations are permitted within the C-1 (Community Business), C- 2 (Commercial), M-1A (Industrial Park, M-1(Manufacturing), and M-2 (Heavy Manufacturing) districts. Convenience stores are also permitted in MIX (Mixed Use) districts. Staff notes there are no M-1A (Industrial Park) and M-1 (Heavy Manufacturing) districts in the City and a total of 11 acres of developed M-1 (Manufacturing) located within the city limits of Milton. Zoning District Service Station Convenience Store MIX (Mixed Use) Not Permitted Permitted C-1 Community Business) Permitted Permitted C-2 (Commercial) Permitted Permitted M-1A (Industrial Park) None with the City Permitted Permitted M-1 (Industrial) Permitted Permitted M-2 (Heavy Industrial) None within the City Permitted Permitted For sites on four acres or less, a 50-foot wide undisturbed buffer, with a ten-foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. For sites on more than four acres, a 75-foot wide undisturbed buffer, with a ten-foot improvement setback shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses.(Sec 65-1091 in SR 9 Overlay and Sec 64-1141 in Northwest Fulton Overlay) The vast majority of parcels along SR 9 abuts City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Prepared for the September 20, 2010 Mayor and City Council Meeting RZ10-04 3 AG-1 or residential uses and therefore would be required to provide the undisturbed buffers, reducing the developable area. Discussion: Historically, under Fulton County the majority of parcels commercially re-zoned in the 1980’s and 1990’s with conditional zoning excluded service stations and also excluded convenience stores with gas pumps after the 1990’s. The City of Milton has excluded convenience stores with gas pumps since its incorporation in 2006 when there have been requests for any type of non-residential zoning. Although, most jurisdictions use the proposed building to measure outward to the adjacent properties, it is Staff’s opinion that to be consistent and to predict future development, distances should be measured from the subject property line to the adjacent property line. Parcels that are zoned MIX (Mixed Use) that are located adjacent to a proposed convenience store should be measured to the location of the sole residential use. Typically, the non- residential portion of the MIX will have a separate ownership from the residential portion. There may be instances in the Crabappple and Birmingham Crossroads areas where a residential use and a non-residential use are within one building. In this situation, these types of mixed uses would be considered residential. The first map attached illustrates the parcels that are currently permitted by zoning for a gas station/convenience store. Many of these parcels, in reality, are already too small for development. Implementing the Overlay District buffers would further restrict their ability to be developed. Most of these parcels are “Unconditional” C-1 parcels that were assigned at the time of the creation of the Fulton County Zoning Resolution/Maps in 1955. The second map attached illustrates the available parcels that meet the 100-foot setback for all non-residential and agricultural uses. The requirement eliminates all but six (6) parcels that could be developed as gas stations/service stations. Five (5) of the parcels are located in the Wal-Mart Shopping Center in undeveloped out parcels. The sixth parcel is located at the southernmost part of the City along the north side of SR9 adjacent to the city limits of Alpharetta. Planning Commission Recommendations: At the August 24, 2010 Planning Commission meeting there was one speaker present in support of Staff’s recommendation to require a separation of convenience stores/gas stations from residential and agriculturally zoned properties. In addition, comments were read into the record from a citizen also supporting Staff’s recommendation and are attached at the end of this memo. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Prepared for the September 20, 2010 Mayor and City Council Meeting RZ10-04 4 After further discussion, the Planning Commission unanimously recommended that the proposed text amendment be approved with adding “Separation from other uses” as a new sub- section of 64-1145 (Northwest Fulton Overlay) and inserting the new language under “Separation from other uses” instead of “Setbacks”. This change is reflected in the attached text amendment. Recommendation: Based on this analysis, Staff recommends that all convenience stores and service stations should be located a minimum of 100 feet from the subject property line to any agricultural or residential zoned district within the SR 9 and Northwest Fulton Overlay Districts. Staff notes that the Northwest Fulton Overlay District also dictates the development standards for the Crabapple and Birmingham Crossroads Overlay Districts where these overlays are silent. Alternatives: The Mayor and City Council may request the measurement be made from proposed buildings and accessory structures as other jurisdictions have done or the distance can be increased with Staff’s recommendation. In addition, if the Council would prefer to include the distance requirement for only the Northwest Fulton Overlay District, more parcels would be permitted to be developed as convenience stores or service stations within the SR 9 Overlay District but eliminate the “un-conditional” C-1 parcels in the Northwest Fulton Overlay District. Concurrent Review: Chris Lagerbloom, City Manager, Ken Jarrard, City Attorney City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Prepared for the September 20, 2010 Mayor and City Council Meeting RZ10-04 5 Good Evening Milton Planning Commission Members: I, Heidi Sowder, 525 Sunflower Ct. Milton, am unable to attend this evening's meeting and appreciate my comments being read aloud, for the record, during the procedings. I have been a resident of the Highway 9 Overlay area for over 11 years. Needless to say, I have witnessed MUCH growth. My family and I have benefitted from the conveniences that have come with this growth. We leave our car at home more and travel on foot, or by bike to nearby stores and eateries. As you know, the 4 square mile Highway 9 Overlay area is the largest commerical area in our city and is also home to half of Milton's population. Did you also know that all non-fuel related auto service/repair businesses in the Overlay are located along Highway 9? There are 2 car washes and 5 auto repair centers in the 1-1/2 mile stretch between Windward Pkwy & Bethany Bend. There are also 2 gas stations located along Webb. Rd. between Deerfield and Morris Rds. and 2 more at the Hwy. 9/Windward intersection on the Alpharetta side. I am grateful to have these services nearby and frequently patronize them. I have always been a proponent of responsible development here in Milton. It is important that Milton's businesses thrive and its residents are safe. When it comes to the matter at hand, and the fact that commercial properties along Hwy. 9 abutt residential properties, prudence must be used to protect residents from the dangers of hazardous materials. "Accidents do happen" and "Better safe than sorry". Really do apply here, just google Nashville tanker fire March 2010! Therefore, I support the following recommendation by Staff, and urge you to recommend that Council adopt it in its entirety: All convenience stores and service stations should be located a minimum of 100 feet from the subject property line to any agricultural or residential zoned district within the SR 9 and Northwest Fulton Overlay Districts. Thank you, Heidi Sowder RZ10-04 – Text Amendment Prepared for the Mayor and City Council Meeting September 20, 2010 Yellow Highlights – Planning Commission Recommendations – Aug 24, 2010 Sec. 64-1097. - Miscellaneous provisions. (State Route 9 Overlay District) (a) Telecommunications switchboards, power generators, and other telecommunications relay equipment rooms or floors housing such uses are limited to the following areas of a building: (1)Subterranean levels; (2)First and second floors which are set back a minimum of 50 feet from the street; or (3)Third and fourth floors. (b) Stealth design is required for all wireless telecommunication towers. (c) Neither parking lots nor areas immediately adjacent to a building shall be used for storage or sale of goods. (d) Storage of shopping carts is allowed without a permit. (e) Displaying or sale of goods outside the interior permanent and sheltered portions of a building is prohibited. Exceptions: seasonal holiday trees, pumpkins, and open air fairs provided an adm inistrative permit is obtained, pursuant to section 64-1608. (f) Vending machines, paper stands, and other similar devices must be located interior to the building structure. (g) All properties developed with service stations or convenience stores must be located a minimum of 100 feet from any AG-1 (Agricultural) district, residential district or any zoning district developed with a residential use. Measurement shall be from property line to property line. RZ10-04 – Text Amendment Prepared for the Mayor and City Council Meeting September 20, 2010 Yellow Highlights – Planning Commission Recommendations – Aug 24, 2010 Sec. 64-1145. - Building size, orientation, setback, height, scale, and parking and separation. The design and lay out of a development should build upon and complement the design of crossroads communities as opposed to creating a new one. The size, orientation, setback and scale of buildings are integral elements of crossroads communities. A building's orientation and placement should complement and relate to adjacent buildings, structures and properties. The placement of buildings should create an informal grouping and relationship between them as opposed to being orderly and uniform. The location of a building should take into consideration its rural surroundings and take advantage of this by maintaining open views and spaces. Buildings should be in proportion, in scale and characteristic to their rural and natural setting. The building design and material should contribute to the style and feeling of its rural surrounding. The visual impact of parking should be minimized by placing it to the rear an d by screening. (1) Size. Noninstitutional buildings shall be limited to the following: a. On a development of four acres or less, the maximum building size shall be 20,000 square feet. However, to encourage construction of multiple buildings, if two or more buildings are built, the total size of all buildings shall be a maximum of 25,000 square feet, no single one of which shall exceed 15,000 square feet. b. On developments larger than four acres, the maximum building size shall be 25,000 square feet. c. A group of two or more buildings that share at least one contiguous wall will be considered as one building. (2) Orientation. a. All buildings shall be oriented to a public street. An entrance to a building should be located on the side of the building facing a public street. b. Driveways shall be perpendicular to the street. (3) Setbacks. a. For all property and lots located adjacent to public rights-of-way and from zero to 400 feet from an intersection, buildings shall be setback no more than 20 feet from the edge of the required landscape strip or easements. This 20-foot front yard area may be developed with a combination of landscape and hardscape elements, such as plazas, fountains, benches, and tables. Additional shade tree plantings are encouraged within public gathering places and alongside pedestrian paths. Buildings shall have varying setbacks to create the informal crossroads community setting. b. For all property and lots located adjacent to public rights-of-way and 400 feet or more beyond an intersection, buildings shall be set back no more than 30 feet from the edge of the required landscape strip or easements. This 30-foot front yard area may be developed with a combination of landscaping and hardscape elements, such as plazas, fountains, benches, and tables. Additional shade tree plantings are encouraged within public gathering places and alongside pedestrian paths. c. RZ10-04 – Text Amendment Prepared for the Mayor and City Council Meeting September 20, 2010 Yellow Highlights – Planning Commission Recommendations – Aug 24, 2010 Buildings within a development shall have a 20-foot separation between buildings. This are shall be developed as greenspace or with a combination of hardscape and landscaping. d. In the case where a building in a development cannot front a public street and meet the requirements of this article because other buildings are located there and no more space is available along the public street, then the building can front on an internal street in the development. The standards in this article that specify a building's position and relation to the street are also required for a building fronting on an internal street. The internal streets will also have to meet the standards specified for the public right-of-way, including landscape and streetscape requirements. e. All properties developed with service stations or convenience stores must be located a minimum of 100 feet from any AG-1 (Agricultural) districts, residential districts, or any zoning district developed with a residential use. Measurement shall be from property line to property line. (4) Height. There shall be a maximum height limit of two stories with the maximum height 30 feet from average finished grade to the bottom of the roof eave. (5) Scale. For every 80 feet of building length on a single face, there shall be variation in the exterior. This exterior variation shall be accomplished through the following means: a. For each 80 feet of building exterior wall, the building exterior and roof shall be offset by a minimum of ten feet. Overhangs and roof lines shall follow the building's location. b. For each 80 feet of building exterior wall, there shall be a change in details, or patterns or materials. (6) Parking. a. Parking shall be shared among users within a common development. Parking shall be reduced according to the shared parking standards established in section 64-1411. Additional reduction in the number of parking spaces is encouraged. b. All parking spaces built, which exceed the minimum number required by the city zoning ordinance, shall be constructed of pervious material. c. No on-site parking shall be located to the front of a building or between a building and the public right-of-way (see section 64-1142(2) regarding landscaping if parking is in view from the right-of-way). Parking shall be located adjacent to internal streets, not a public right-of-way. d. If an internal street is developed for use by the general public, one row of parallel or diagonal parking is allowed between the street and the curb. RZ10-04 – Text Amendment Prepared for the Mayor and City Council Meeting September 20, 2010 Yellow Highlights – Planning Commission Recommendations – Aug 24, 2010 (7) Separation from other uses. a. All properties developed with service stations or convenience stores must be located a minimum of 100 feet from any AG-1 (Agricultural) district, residential district, or any zoning district developed with a residential use. Measurement shall be from property line to property line. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON RZ10-04 AN ORDINANCE TO AMEND SECTIONS 64-1097 (STATE ROUTE 9 OVERLAY DISTRICT) AND 64-1145 (NORTHWEST FULTON OVERLAY DISTRICT) OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO PROVIDE FOR SEPARATION OF SERVICE STATIONS/CONVENIENCE STORES FROM AN AG-1 DISTRICT, RESIDENTIAL DISTRICT OR ANY ZONING DISTRICT DEVELOPED WITH A RESIDENTIAL USE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on September 20, 2010 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to amending Sections 64-1097 and 64-1145, to require service stations and convenience stores must be located a minimum of 100 feet from any AG-1 district, residential district or any zoning district developed with a residential use, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 20th day of September, 2010 _______________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, Interim City Clerk (Seal) !(tu!(!(!(!(!(!(!(1999140140372372372400GA372G A 9 G A 1 4 0Birmingham HwyHighway 9S t a t e H w y 9 Birmingham Roswell HwyCumming HwyA rn o ld M ill R d Crabapple RdN. Main StN. Main StHopewell RdFreemanville RdCogburn RdBethany BndP r o v i d e n c e R d Bethany RdBirmingham RdW ind w a rd P kw yNew Providence RdBethany WayMcGinnis Ferry RdWindward PkwyCox RdTaylor RdWood RdFrancis RdMountain RdS. Thompson RdKing RdNix RdRowe RdDorris RdRedd RdMayfield RdHamby RdDinsmore RdEbenezer RdD a y R d B a te sville R dThompson RdN Park Lackey RdWestbrook RdHickory Flat RdHenderson RdC r e e k C lu b D r Morris RdBrittle RdSummit RdGlenover DrGiff DrLongstreet RdHolly RdCagle RdMilton PtWatsons BndPhillips RdDarby RdGreen RdK in g C irSchool DrTullgean DrW hite Colum ns DrN ew B ullp e n R d Manor Bridge DrCarney RdNeese RdE t r is R dWebb RdTriple Crown DrHagood RdPhillips CirMcFarlin LnSable CtRanchette RdGlencreek WayTimber P t Cowart RdLandrum RdValmont LnQuayside DrArabian AveNorthwood DrLaconia LnHeritage PassCogburn RdRolling Links DrAutumn ClseSeabiscuitClarity Rd Deer TrlB u r g e s s R d E. Bluff RdBarberry DrBelleterre DrN. Valley TrlM a n o r C l u b D r Club CirHighgrove RdLecoma TrceColonial LnMajestic CvChampions ClseL ive ly R d Donegal LnB a s ne t t D r Deerfield PkwyF oxh o llow R unP u c k e tt R d N. Park LnOld Chadwick LnSweet Apple RdFreemanwood LnN. Fields PassProvidence WayOwens Lake RdTwinrose PlSonata LnTurtle CrkSaddlesprings DrD ov e r R d Brookshade PkwyBlack Oak RdLaurel Grove DrHeydon HallB re a m D rTraywick ChseRea RdBay Colt RdNettlebrook LnManor TrcePruitt DrPony Tail RdGrace RdCanonero DrC h a d w ic k R d Simmons Hill RdP r o v i d e n c e L a k e D rThorntree RunHickory Mill LnCogburn LnP a r i s h R d Kent RdC har l o t t e D rPlantation TrceDevonshire Farms WayTramore PlWelchs WayCreek PtH a y s t a c k L nLouis RdG a t e s M ill W a y Wigton D rAlpha Woods DrS t r a t f o r d e D r Liberty Grove RdPetersford WayKings County CtHallbrook LnDew RdStonebrook Farms DrFossil TrceApple Cross DrOld Surrey PlNettlebrookBayfield CtCogdell TrlMorningpark CirArcaro DrRomanview RdWilkie RdO n a g h C t Harpley CtVerizon Pl!(tu85207585207528528528557540019City of Milton Department of IT - GIS DivisionDate Created: 07/12/2010G:\TaxCommunityDev\GasStationParcels_bl_v1.mxdParcels Currently Zoned for Convenience Store/ Service StationCity of MiltonAugust 2010´0 1 2 30.5MilesStreet CenterlinesRivers & StreamsParcels Currently Permitted for Convenience Store/ Service StationLakes & PondsMilton City LimitsFulton County Boundary!(tu!(!(199400G A 9 Highway 9S t a t e H w y 9 Cum ming Hwy N. Main StN. Main StBethany BndCogburn RdW in d w a rd P kw yMcGinnis Ferry RdCogburn RdW i n d w a r d P k w y N Park Morris RdWebb RdCogburn RdSerenade CtDeer TrlBarberry DrBelleterre Dr N. Park LnTwinrose PlSonata LnBethany Church RdTraywick ChseRea RdCedar Farms CtLunetta LnT h e H er m ita ge D rRib TrlSoneley CtFlamingo RdAlstonefield DrD o e D rDeerfield PkwyBethany TrlLathenview CtFairhill PtHopewell CrstA v e n s o n g V illa g e C irWeycroft CirSunfish BndRelais TrceBuck WayHarpley CtAve n t id e L nS. Bethany Creek DrRed Hart LnRegion TrceLembeth CtDeer Creek PlVerizon PlT a m m a n y P teSunflower WayBridgett CtMarrywood CtN. Bethany Creek DrBig Sky LnAvensong CrsgCommonwealth WayOakside CirMarrywood DrAurelia TrceBurren DrG a l e c r e s t D rParkbrook TrceCottoneaster LnDeer Valley DrTwo Verizon PlNorthpark LnStrickland RdMockorange LnDeerfieldDeerfield !(tu!(!(!(!(!(!(!(1999140140372372372400Birmingham HwyState Hwy 9A rn o ld M ill R d Crabapple RdHopewell RdFreemanville RdCogburn RdP r o v i d e n c e R dBethany BendBethany RdBirmingham RdW ind w a rd P kw yNew Providence RdBethany WayMcGinnis Ferry RdWindward PkwyCox RdTaylor RdWood RdFrancis RdMountain RdS. Thompson RdKing RdNix RdRowe RdDorris RdRedd RdMayfield RdHamby RdDinsmore RdEbenezer RdD a y R d B a te sville R dThompson RdN Park Lackey RdWestbrook RdHickory Flat RdHenderson RdC r e e k C lu b D r Morris RdBrittle RdSummit RdGlenover DrGiff DrLongstreet RdHolly RdCagle RdMilton PtWatsons BndPhillips RdDarby RdGreen RdK in g C irSchool DrTullgean DrW hite Colum ns DrN ew B ullp e n R d Manor Bridge DrCarney RdNeese RdE t r is R dWebb RdTriple Crown DrHagood RdPhillips CirMcFarlin LnSable CtRanchette RdGlencreek WayTimber P t Cowart RdLandrum RdValmont LnQuayside DrArabian AveNorthwood DrLaconia LnHeritage PassCogburn RdRolling Links DrAutumn ClseSeabiscuitClarity Rd Serenade CtDeer TrlB u r g e s s R d E. Bluff RdBarberry DrBelleterre DrN. Valley TrlM a n o r C l u b D r S u n f i s h B n d Club CirHighgrove RdLecoma TrceColonial LnMajestic CvChampions ClseL ive ly R d Donegal LnFive A cre R dB a s ne t t D r Deerfield PkwyF oxh o llow R unP u c k e tt R d N. Park LnOld Chadwick LnSweet Apple RdBethany Oaks PteFreemanwood LnN. Fields PassProvidence WayOwens Lake RdTwinrose PlSonata LnTurtle CrkSaddlesprings DrD ov e r R d Brookshade PkwyBlack Oak RdLaurel Grove DrWolf Willow ClseHeydon HallB re a m D rTraywick ChseRea RdBay Colt RdNettlebrook LnManor TrcePruitt DrGrace RdCanonero DrC h a d w ic k R d Simmons Hill RdP r o v i d e n c e L a k e D rThorntree RunHickory Mill LnCogburn LnP a r i s h R d Kent RdSoneley CtC har l o t t e D rPlantation TrceDevonshire Farms WayTramore PlCreek PtH a y s t a c k L nLouis RdG a t e s M ill W a y Wigton D r Vaughn DrAlpha Woods DrS t r a t f o r d e D r Liberty Grove RdPetersford WayKings County CtHallbrook LnW a t e r O a k P l Dew RdStonebrook Farms DrFossil TrceApple Cross DrOld Surrey PlNettlebrookBayfield CtCogdell TrlMorningpark CirArcaro DrRomanview RdWilkie RdO n a g h C t Harpley CtVerizon Pl!(tu85207585207528528528557540019City of Milton Department of IT - GIS DivisionDate Created: 07/12/2010G:\TaxCommunityDev\GasStationPotentialParcels_bl_v1.mxdParcels That Can be Developed for Convenience Store/ Service Stationwith the 100' Distance RequirementCity of MiltonAugust 2010´0 1 2 30.5MilesStreet CenterlinesRivers & StreamsParcels Potentially Developed into Convenience Store/ Service StationLakes & PondsMilton City LimitsFulton County Boundary!(9State Hwy 9Hopewell RdW in d w a rd P kw yCogburn RdWindward PkwyCogburn RdWebb RdCogburn RdTraywick ChseHopewell Place DrLunetta LnBarberry DrV a u g h n D rW a t e r O a k P l Brookshade PkwyCogburn Ridge RdD e e r fie ld P k w y Milton PlMorris RdHopewell CrstRelais TrceAr chmo nt TrceRegion TrceTammany PteSouthfield LnMarrywood CtCommonwealth WayRhodes Chase CtH e n d e r s o n P k w yWinthrop e C h s eCommonwealth CirC o g b u r n R i d g e Wa yTwo Verizon PlSandringham DrPenn Oak CtAtkinson DrS o u t h f ie ld P lState Hwy 9 1 ORDINANCE NO. STATE OF GEORGIA COUNTY OF FULTON CITY OF MILTON ETHICS ORDINANCE AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MILTON, TO ESTABLISH THE CODE OF ETHICS FOR THE CITY OF MILTON; TO FURTHER AND INCORPORATE THE POLICIES AND LAWS OF THE STATE OF GEORGIA RELATING TO ETHICAL STANDARDS; TO CREATE THE BOARD OF ETHICS AND PROVIDE FOR BOARD MEMBERSHIP, DUTIES, AND RESPONSIBILITIES; TO PROVIDE FOR THE DISPOSITION OF ETHICS COMPLAINTS; TO ENSURE COMPLIANCE WITH ETHICAL STANDARDS; TO REPEAL CONFLICTING PROVISIONS; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Constitution of the State of Georgia, approved by the voters of the State in November of 1982, and effective July 1, 1983, provi des in Article IX, Section II, Paragraph II thereof, that the General Assembly may provide by law for the self-government of municipalities; WHEREAS, O.C.G.A. § 36-35-3(a) authorizes cities to enact clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government; WHEREAS, the governing authority of the City of Milton, to wit, the Milton City Council, desires to exercise its authority in adopting this Ordinance; WHEREAS, it is essential to the proper operation of republican government that public officials be independent and impartial, that governmental decisions and policy be made in the proper channels of the governmental structure, that public office not be used for private gain other than the remunerat ion provided by law, and that there be public confidence in the integrity of government; WHEREAS, the attainment of one or more of these ends is impaired whenever there exists a conflict between the private interests of a City Official or an Employee and his duties as such; WHEREAS, the public interest, therefore, requires that the law protect against such conflicts of interest and establish appropriate ethical standards with respect to the conduct of City Officials and Employees in situations where conflicts exist; 2 WHEREAS, it is also essential to the proper operation of government that those best qualified be encouraged to serve the government. Accordingly, legal safeguards against conflicts of interest must be designed so as to not unnecessarily or unreasonably impede the recruitment and retention by the government of those men and women who are best qualified to serve it; WHEREAS, an essential principle underlying the staffing of our government structure is that its City Officials and Employees should not be denied the opportunity, available to all other citizens, to acquire and retain private economic interests and other interests, except where conflicts with the responsibility of such City Officials and Employees to the public cannot be avoided; WHEREAS, the purposes behind this Ordinance are shared by all republican governments – to insure that public officials be independent, impartial, and responsible to the people they represent, that governmental decisions and policies be made within the proper channels of the governmental structure, that public office not be used for personal gain, and, especially, that the public have confidence in the integrity of its government and its officials. WHEREAS, in recognition of these goals and principles, it is the policy of the Milton City Council to institute, establish, promote, and to ensure compliance with the standards of ethical conduct for all of the City of Milton‟s officers and employees; and WHEREAS, it is a further policy of the City Council that th e proper administration of the City of Milton‟s government and the promotion and compliance with the standards of ethical conduct for the City of Milton‟s officers and employees would be best served by the creation of a Board of Ethics; NOW, THEREFORE, BE IT ORDAINED AND RESOLVED BY THE CITY COUNCIL OF MILTON, GEORGIA AS FOLLOWS: ARTICLE ONE: GENERAL PROVISIONS Section One. Short Title. This Ordinance shall be known as “The City of Milton Ethics Ordinance,” and may be cited and referred to as such. Section Two. Definitions. For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning provided herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. 3 (A) “Agency” means the City Council and all other agencies, authorities, boards, commissions, committees, departments, and offices of the City, without exception. (B) “Board of Ethics” means the City of Milton Board of Ethics as formed and described herein. (C) “Business Entity” means any business of whatever nature regardless of how designated or formed, whether a sole proprietorship, par tnership, joint venture, association, trust, corporation, limited liability company, or any other type of business enterprise, and whether a person acting on behalf of, or as a representative or agent of, the business entity. (D) “City Official” means the Mayor of the City of Milton, the Milton City Council, any member of a board, commission, or authority appointed by the Council, the City Manager, and any other elected or appointed officer of the City of Milton. (E) “Confidential Information” means any information that, by law or practice, is not reasonably available to the public. (F) “Council” means the Milton City Council, which includes any person who is elected to the Council and the Mayor. (G) “Employee” means all those persons employed on a regular or part-time basis by the City, as well as those persons whose services are retained to fill positions within the City government under the terms of a contract with the City. (H) “Family” means the spouse, parents, children, brothers and sisters, relat ed by blood or marriage, cousins, aunts, and uncles of a City Official or Employee. (I) “Government or City” shall be construed to mean the City of Milton, Georgia government. (J) “Governing Authority” or “member of the Governing Authority” means the May or or any Councilmember of the City. (K) “Interest” means direct or indirect pecuniary or material benefit accruing to a City Official or Employee as a result of a contract or transaction which is or may be the subject of an official act or action by or with the City, except for such contracts or transactions which, by their terms and by the substance of their provisions, confer the opportunity and right to realize the accrual of similar benefits to all other persons and/or property similarly situated. The term “interest” shall not include any remote interest. 4 For purposes of this Ordinance, a City Official or Employee shall be deemed to have an interest in the affairs of: (1) His or her family; (2) Any business entity in which the City Official or Em ployee is a member, officer, director, employee, or prospective employee; (3) Any business entity as to which the stock, legal ownership, or beneficial ownership of a City Official or Employee is in excess of five percent (5%) of the total stock or total legal and beneficial ownership, or which is controlled or owned directly or indirectly by the City Official or Employee. (L) “Official Act” or “Official Duties” means any legislative, administrative, appointive, or discretionary act of any City Official or Employee of the City or any agency, board, authority, or commission thereof. (M) “Remote interest” means an interest of a person or entity, including a City Official or Employee, who would be affected in the same way as the general public. For example, the interest of a council member in the property tax rate, general city fees, city utility charges, or a comprehensive zoning ordinance or similar decisions is deemed remote to the extent that the council member would be affected in common with the general public. (N) “Volunteer” means a nonpaid person engaging in official City business with the approval of the governing authority. ARTICLE TWO: CODE OF ETHICS FOR MUNICIPAL SERVICE GENERALLY This Article Two is intended to adopt and incorporate herein for local enforcement the ethical standards of O.C.G.A. § 45 -10-1, as it may be amended from time to time. Any person in City service shall: Section One. Put loyalty to the highest moral principles and to country above loyalty to persons, party, or government department. Section Two. Uphold the Constitution, laws, and legal regulations of the United States and the State of Georgia and of all governments therein and never be a party to their evasion. 5 Section Three. Give a full day‟s labor for a full day‟s pay and give to the performance of his duties his earnest effort and best thought. Section Four. Seek to find and employ more efficient and economical ways of getting tasks accomplished. Section Five. Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not, and never accept, for himself or his family, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of his governmental duties. Section Six. Make no private promises of any kind binding upon the duties of office, since an employee has no private word that can be binding on public duty. Section Seven. Engage in no business with the government, either directly or indire ctly, which is inconsistent with the conscientious performance of his governmental duties. Section Eight. Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit. Section Nine. Expose corruption wherever discovered. Section Ten. Uphold these principles, ever conscious that public office is a public trust. 6 ARTICLE THREE: CODE OF ETHICS FOR CITY OFFICIALS AND DEPARTMENT DIRECTORS This Article Three is intended to adopt and incorporate herein for local enforcement the ethical standards of O.C.G.A. § 45 -10-3, as it may be amended from time to time. All City Officials and Department Directors shall: Section One. Uphold the Constitution, laws, and regulations of the United States, the State of Georgia, the City of Milton, and all governments therein and never be a party to their evasion. Section Two. Never discriminate by the dispensing of special favors or privileges to anyone, whether or not for remuneration. Section Three. Not engage in any business with the government, either directly or indirectly, which is inconsistent with the conscientious performance of his governmental duties. Section Four. Never use any information coming to him confidentially in the performa nce of governmental duties as a means for making private profit. Section Five. Expose corruption wherever discovered. Section Six. Never solicit, accept, or agree to accept gifts, loans, gratuities, discounts, favors, hospitality, or services from any person, association or corporation under circumstances from which it could reasonably be inferred that a major purpose of the donor is to influence the performance of the member‟s official duties. Section Seven. Never accept any economic opportunity unde r circumstances where he knows or should know that there is a substantial possibility that the opportunity is being afforded him with intent to influence his conduct in the performance of his official duties. 7 Section Eight. Never engage in other conduct which is unbecoming to a member or which constitutes a breach of public trust. Section Nine. Never take any official action with regard to any matter under circumstances in which he knows or should know that he has a direct or indirect monetary interest in the subject matter of such matter or in the outcome of such official action. ARTICLE FOUR: SPECIFIC PROVISIONS RELATED TO CONFLICT OF INTEREST TRANSACTIONS AND DISCLOSURES The following provisions related to conflict of interest transactions and disclosures are intended to supplement and elaborate upon the Code of Ethics set forth in Articles Two and Three above, as well as Section 2.15 of the Milton City Charter, and all such provisions shall be read and interpreted in accordance therewith. Section One. Compliance with Applicable Law. No City Official or Employee shall engage in any activity or transaction that is prohibited by law, now existing or hereafter enacted, which is applicable to him or her by virtue of his or her office or employment. Other provisions of law or regulations shall apply when any provisions of this Ordinance shall conflict with the laws of the State of Georgia or the United States, except to the extent that this Ordinance permissibly sets forth a more stringent standard of conduct. The laws of the State of Georgia or the United States shall apply when this Ordinance is silent. Section Two. Conflict of Interest Transactions. (A) No City Official or Employee shall engage in any business or transaction or have a financial or other monetary interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties, except consistent with the disclosure and abstention provisions set forth herein. Additionally, no City Official or Employee shall vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (B) The City of Milton shall not enter into any contract involving services or property with a City Official or Employee or with a business entity in which the City Official or an Employee has an interest. Provided that the 8 disclosure and abstention provisions set forth herein are followed, this paragraph shall not apply to the following: (1) The designation of a bank or trust company as a depository for City funds; (2) The borrowing of funds from any bank or lending institution which offers competitive rates for such loans; (3) Contracts entered into with a business which employs a consultant, provided that the consultant‟s employment with the business is not incompatible with this Ordinance; (4) Contracts for services entered into with a business which is the only available source for such goods or services; and (5) Contracts entered into under circumstances that constitute an emergency situation, provided that a record explaining the emergency is prepared by the Council and submitted to the City Manager (or his/her equivalent) to be kept on file. Section Three. Financial Disclosures. Financial disclosures shall be governed by federal and state law as it may be amended from time to time, and this Ordinance shall not require any additional financial disclosure reports to be filed other than those required by federal and state law. Section Four. Zoning Application Disclosures. All disclosures with regard to zoning applications shall be governed in their entirety by the Conflict of Interest in Zoning Actions provi sions contained in O.C.G.A. § 36-67A-1, et seq., as it may be amended from time to time. Section Five. Disclosures Related to Submission of Bids or Proposals for County Work or Contract. Persons submitting bids or proposals for City work who have contri buted $250.00 or more to a City Official must disclose on their bid or proposal the name of the City Official(s) to whom the contribution was made and the amount contributed. Such a disclosure must also be made prior to a request for any change order or e xtension of any contract awarded to the person who submitted the successful bid or proposal. Section Six. Withholding of Information; Confidential Information. No City Official or Employee shall knowingly withhold any information that would impair the proper decision making of the Council or any of the City‟s boards, agencies, 9 authorities, or departments. No City Official or Employee shall disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others. Section Seven. Incompatible Service. No City Official or Employee shall engage in or accept private or public employment or render service for any private or public entity, when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the perf ormance of his or her official duties, unless otherwise permitted by law and unless public disclosure is made. Except as authorized by law, no member of the City Council shall hold any other elective office or other City employment during the term for which he or she is elected. Section Eight. Unauthorized Use of Public Property. No City Official or Employee shall request or permit the unauthorized use of City - owned facilities, vehicles and equipment, including but not limited to, computers, pagers, and cellular telephones for personal benefit, convenience or profit, except in accordance with policies promulgated by the City Council and except to the extent such are lawfully available to the public. Section Nine. Political Recrimination and Activity. (A) No City Official or Employee, whether elected or appointed, shall either cause the dismissal or threaten the dismissal from any City position as a reward or punishment for any political activity. No City Official or Employee shall direct any person employe d by the City to undertake political activity on behalf of such City Official or Employee, any other City Official or Employee, or any other individual, political party, group, or business organization, during such time that the Employee is required to conduct City business. This section does not prohibit incidental telephone calls, emails, letters, and other forms of communication made for the purpose of scheduling a City Official‟s daily City business. (B) City Officials and Employees of the City are encouraged to exercise their right to vote, but no City Official or Employee shall make use of government time or equipment to aid a political candidate, party, or cause. No Employee shall be hired, promoted, favored, or discriminated against with respect to employment because of his or her political opinions or affiliations. (1) Seeking elective office. An Employee seeking elective office within the City may, upon declaring candidacy, either resign or submit a request in writing to the City Manager (or his/her equivalent) for a 10 leave of absence without pay from the date of his or her announcement through the duration of the campaign or announcement of the election results. In the alternative, the Employee seeking elective office within the City may continue to work for the City, provided, however, that the Employee shall not engage in election activities during his or her City working hours or with use of City equipment. If elected to office, the Employee shall immediately, upon the date of election, be separated from employment with the City upon written request and approval of the City Manager (or his/her equivalent). (2) Political campaign involvement. An Employee or City Official (except for Elected Officials) may not be involved in any political activity in his or her official capacity that would constitute a conflict of interest, including active participation in any aspect of any political campaign for any office in City of Milton Government. Nothing in this paragraph shall be construed to limit any Elected Official from supporting any candidate in an election in his/her official capacity, provided that the Elected Official does not utilize City equipment, property, or funds in support of such candidate. (3) Solicitation of contributions. An Employee or City Official (except for Elected Officials) may not knowingly solicit, accept, or receive political contributions from any person, to be used in support of or opposition to any candidate for office in the City. Section Ten. Appearance Before City Entities. No City Official or Employee shall appear on behalf of any private person other than himself or herself, his or her spouse, or his or her minor children, before any City agency, commission, authority or board. However, a member of the City Council may appear before such groups on behalf of his constituents in the course of his duties as a representative of the electorate or in the performance of public or civic obligations, provided that such member of the City Council shall comply with all internal operating rules and regulations of the particular group and shall not interfere with or delay the activities of the group. Section Eleven. Timely Payment of Debts to the City and Fiscal Responsibility. All City Officials and Employees shall pay and settle, in a t imely and prompt fashion, all accounts between them and the City of Milton, including the prompt payment of all taxes and shall otherwise demonstrate personal fiscal responsibility. 11 Section Twelve. Solicitation or Acceptance of Gifts. (A) City Officials and Employees shall not accept gifts, gratuities, or loans from organizations, business concerns, or individuals with whom he or she has official relationships based upon business of the City government or with whom the City Official or Employee has knowledge that the organization, business concern, or individual is interested, directly or indirectly in any manner whatsoever, in business dealings with the City. These limitations are not intended to prohibit the acceptance of articles of negligible value which are distributed generally, nor to prohibit employees from accepting social courtesies which promote good public relations, or to prohibit employees from obtaining loans from regular lending institutions. It is particularly important that inspectors, contracting officers, and enforcement officers guard against relationships which might be construed as evidence of favoritism, coercion, unfair advantage, or collusion. (B) Consistent with the provisions set forth in Articles Two and Three and Section 12(A) above, there shall be no violation of this Ordinance in the following circumstances: (1) Meals and beverages given in the usual course of entertaining associated with normal and customary business or social functions. (2) An occasional gift from a single source of $101.00 or less in any calendar year. (3) Ceremonial gifts or awards. (4) Gifts of advertising value only or promotional items generally distributed to public officials. (5) Awards presented in recognition of public service. (6) Reasonable expenses of food, travel, lodging and scheduled entertainment for a meeting that is given in return for participation in a panel or speaking engagement at the meeting. (7) Gifts from relatives or members of the City Official or Employee‟s household. (8) Awards for professional achievement unrelated to City business. 12 (9) Monetary fees or honorariums from a single source of $101.00 or less for any speaking engagement, participation in a seminar, discussion panel, or other activity which directly relates to the official duties of the City Official or Employee. (10) Courtesy tickets or free admission to educational seminars, educational or information conventions, or other similar events. Section Thirteen. Disclosure of Interest. Any member of the Council who has a financial or personal interest in any proposed legislation or action before the Council shall immediately disclose publicly the nature and extent of such interest. Any other City Official or Employee who has a financial or personal interest in any proposed legislation or action before the Council and who participates in discussion with or gives an official opinion or recommendation to the Council in connection with such proposed legislation or action shall immediately disclose publicly the nature and extent of such interest. Section Fourteen. Exemptions. This Ordinance shall not be construed to require the filing of any information relating to any person's connection with, or interest in, any professional society, labor union, or any charitable, religious, social, fraternal, educational, recreational, public service, civil or political organization, or any similar organization not conducted as a business enterprise or governmental agency, and which is not engaged in the ownership or conduct of a business enterprise or governmental agency. Section Fifteen. Abstention to Avoid Conflicts of Interest. (A) Except as otherwise provided by law, no City Official or Employee shall participate in the discussion, debate, deliberation, vote, or otherwise take part in the decision-making process on any item before him in which the City Official or Employee has a conflict of interest as set forth above. In addition, a City Official or Employee who serves as a corporate officer or member of the board of directors of a nonprofit entity may not participate in a vote or decision regarding funding by or through the City of the entity. Where the interest of a City Official or Employee in the subject matter of a vote or decision is a Remote Interest, the City Official or Employee may participate in the vote or decision and need not disclose the interest. (B) To avoid the appearance of impropriety, if any City Official or Employee has a conflict of interest or has an interest that he or she has reason to believe either violates this Ordinance or may affect his or her official acts or actions in any matter, the City Official or Employee shall immediately 13 leave the meeting room, except that if the matter is being considered at a public meeting, the City Official or Employee may remain in the meeting room. (C) In the event of a conflict of interest, the City Official or Employee shall announce his or her intent to abstain prior to the beginning of the discussion, debate, deliberation, or vote on the item, shall not participate in any way, and shall abstain from casting a vote. ARTICLE FIVE: ETHICS COMPLAINTS Section One. Ethics Complaints (A) Any person may file an ethics complaint alleging a violation of any of the provisions of this Ordinance by and Employee or City Official by completing and submitting to the City Clerk the Ethics Complaint Form adopted by the City Council. The person filing an ethics complaint shall be referred to in this Article as the “Complainant.” In the event the City Clerk is the subject of an ethics complaint, all duties of the City Clerk in this Article shall be undertaken by the City Manager. (B) The ethics complaint shall, at a minimum, identify the specific provisions of the Ordinance alleged to be violated, shall be supported by affidavits based on personal knowledge, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. All documents referred to in an affidavit shall be attached to the affidavit. Every ethics complaint shall be signed and notarized, and shall contain the following statement: “I have read the ethics complaint and aver that the facts contained therein are true to the best of my knowledge and belief, and I am aware that the Ethics Ordinance authorizes the imposition of penalties against me for filing a frivolous complaint, including without limitation, payment of costs and attorney’s fees associated with the handling and processing of the ethics complaint, and/or all other penalties applicable under the law.” (C) An ethics complaint shall be filed within six (6) months of the date the alleged violation is said to have occurred, or in case of concealment or nondisclosure, within six (6) months of the date the alleged violation was or should have been discovered by the Complainant after due diligence. (D) No action may be taken on any ethics complaint which arises out of substantially the same facts or circumstances which have previously served as the basis for an ethics complaint pursuant to this Ordinance. 14 (E) A separate ethics complaint shall be filed for each person alleged to have engaged in any activity violating this Ordinance even if the allegations arise from the same factual basis. The person alleged to have violated this Ordinance shall be referred to in this Article as the “Respondent.” Section Two. Processing Ethics Complaints (A) Upon receipt of an ethics complaint, the City Clerk shall, within five (5) business days from receipt of the ethics complaint, determine whether the ethics complaint on its face satisfies the requirements of Section One of this Article (1) If the ethics complaint does not meet the requirements set forth in Section One of this Article, the City Clerk shall notify the Complainant in writing of the defect(s) via certified mail, return receipt requested. Thereafter, the Complainant shall be afforded five (5) business days from receipt of the notification of defect from the City Clerk to cure any defects that may be cured and re -submit the ethics complaint. If an ethics complaint is not re -submitted within the allotted time period, the Cit y and the City Clerk shall take no further action on the ethics complaint. (2) If the City Clerk finds that the ethics complaint does meet the requirements of Section One of this Article on its face, the ethics complaint will be processed pursuant to the provisions of this Article. (B) Upon confirmation by the City Clerk that the ethics complaint meets the requirements of Section One of this Article on its face, the City Clerk shall promptly forward a copy of the ethics complaint by certified mail, return receipt requested, to the City Official or Employee against whom the ethics complaint was filed. (C) Upon confirmation by the City Clerk that the ethics complaint meets the requirements of Section One of this Article on its face, the City Clerk shall promptly begin the process of randomly selecting an Ethics Panel as provided in Section Four of this Article. (D) The Respondent shall respond to the ethics complaint within thirty (30) days of receipt of the ethics complaint from the City Clerk. The Respondent‟s response shall be supported by affidavits based on personal knowledge and shall show affirmatively that the affiant is competent to testify to the matters stated therein. All documents referred to in an affidavit shall be attached to the affidavit. The Respondent shall verify the response by his or her signature thereon, which shall be 15 notarized. (E) Within sixty (60) days of the determination by the City Clerk that the ethics complaint meets the requirements of Section One of this Article, unless such time is extended by the Ethics Panel convened to hear the ethics complaint upon good cause shown, the Ethics Panel shall convene a meeting to conduct an initial review of the ethics complaint to determine whether specific substantiated evidence from a credible source(s) exists in the ethics complaint to support a reasonable belief that there has been a violation of this Ordinance. (F) If after reviewing the ethics complaint the Ethics Panel determines that no specific, substantiated evidence from a credible source(s) exists to support a reasonable belief that there has been a violation of this Ordinance or determines that no violation occurred as a matter of applying the facts alleged and accepted as true to the terms of the Ordinance, the Ethics Panel shall dismiss the ethics complaint without further proceedings. Such dismissal shall be entered in writing stating the basis therefor. (G) If the Ethics Panel determines that specific, substantiated evidence from a credible source(s) exists to support a reasonable belief that there has been a violation of this Ordinance by the Respondent, the Ethics Panel shall set a hearing for consideration of the allegations of the ethics complaint (“ethics hearing”). Written notice of the ethics hearing, containing the time, date, and place of such hearing, shall be sent to the Complainant and the Respondent by the City Clerk by certified mail, return receipt requested. Section Three. Ethics Hearings (A) All ethics hearings shall be conducted so as to insure the requirements of due process for the Respondent. At the ethics hearing, the Complainant and Respondent shall be entitled to make opening statements, testify, present witnesses and evidence, and make a closing statement after the submission of all evidence. The Complainant and Respondent shall not be required to testify unless subpoenaed to do so. Both the Complainant and the Respondent shall be allowed to question any witness that testifies. (B) The Respondent and the Complainant shall be entitled to be represented by legal counsel at all stages of consideration of an ethics complaint, including at the ethics hearing. (C) The Ethics Panel may not call witnesses or tender evidence of its own accord; however, members of the Ethics Panel may question any witnesses that are called to testify by either the Respondent or the 16 Complainant. (D) Any final determination resulting from the ethics hearing shall include written findings of fact and conclusions of law. In reaching its decision on the ethics complaint, the Ethics Panel shall decide if clear and convincing evidence presented at the ethics hearing establishes a violation of this Ordinance. Section Four. Ethics Panel (A) Each Ethics Panel shall be constituted for the sole purpose of considering a single ethics complaint. (B) Each Ethics Panel shall consist of three randomly selected members from a list maintained by the City Clerk. (C) The City Clerk shall maintain a list of not less than fifteen (15) qualified individuals from which to draw members of Ethics Panels. The City Clerk shall confirm the qualifications and willingness to serve of the members of the Ethics Panel not less than once per year. (D) Individuals shall be deemed qualified to serve on the Ethics Panel for so long as they: (1) Are attorneys at law in good standing with the State Bar of Georgia; (2) Have at least five (5) years experience in the practice of law, with no less than three (3) of those years dedicated to general civil litigation practice; (3) Do not reside or maintain an office within the city limits of the City of Milton, Georgia; (4) Are not an Employee or City Official, have not been an Employee or City Official during the eighteen (18) months immediately preceding his or her appointment, and are not the spouse, parent, child, or sibling of an Employee or City Official; and (5) Have no, and the members of their immediate family have no, business or contractual relationship with the City of Milton, have not provided monetary or in-kind campaign contributions to sitting City Council members, and otherwise have no conflict of interest in providing service on the Ethics Panel. 17 (E) Upon the City Clerk determining that an ethics complaint meets the requirements of Section One of this Article on its face, the City Clerk shall promptly draw names randomly from the list of qualified individuals and contact the individual to determine their availability to serve on the Ethics Panel. The drawing of names by the City Clerk shall be witnessed by at least one other member of the City staff or City Attorney to ensure the integrity of the selection process. Upon selection of three qualified individuals who are available to serve on the Ethics Panel, the City Clerk shall prepare a document identifying Panel membership and both the Clerk and the staff member or City Attorney that witnessed the selection process shall attest on that document to the legitimacy of the selection process. (F) No person shall be qualified to serve on more than one (1) Ethics Panel at any given time unless all other qualified individuals are either serving on an Ethics Panel or have expressed their unavailability to so serve. Service on an Ethics Panel shall be deemed to have terminated upon the entry of the written dismissal or decision of the Ethics Panel af ter the conclusion of an ethics hearing. (G) An individual shall cease to be qualified immediately upon the third consecutive refusal (whether by choice or unavailability) to serve on an Ethics Panel after being randomly drawn from the list and contacted by the City Clerk to serve. Section Five. Organization and Internal Operating Regulations. (A) Each Ethics Panel shall elect a chairperson and vice chairperson to serve during the pendency of the Ethics Panel. (B) Members of the Ethics Panel shall be paid a per diem for each meeting or hearing they are required to attend. If a hearing lasts multiple days, then the Ethics Panel attorney shall receive a separate per diem for each day of hearing attendance. The per diem shall be the same for each Ethics Panel attorney and shall be approved by the City Council. (C) The City Council shall provide meeting space for the Ethics Panel. Subject to budgetary procedures and requirements of the City, the City shall provide the Ethics Panel with such supplies and equipment as may be reasonably necessary to perform its duties and responsibilities. The City Clerk shall serve as Recording Secretary to the Ethics Panel. (D) Subject to budgetary procedures and requirements of the City, the City Attorney shall be available to assist the Ethics Panel in carrying out its responsibilities or to act as an ethics hearing administrator, whose duties 18 shall be limited to conducting the ethics hearing as directed by the Ethics Panel. In the event the City Attorney has a conflict of interest in acting as an ethics hearing administrator on a particular case, the Ethics Panel may petition the City Council for appointment of counsel on a case -by-case basis. Any such appointed counsel shall be approved by the City Council, shall perform services at an approved hourly rate, and shall serve at the joint pleasure of the Ethics Panel and the City Council. (E) The Chairperson shall be entitled to the same voting rights as the other members of the Ethics Panel. Section Six. Removal of Members. The City Council may remove a member of the Ethics Panel on grounds of neglect of duty or misconduct in office. For purposes of this Section, an Ethics Panel member that, without good cause, misses two (2) scheduled Ethics Panel meetings during the handling of a single case shall be deemed to have neglected their duty such that no further evidence demonstrating neglect need be shown. Before initiating the removal of a member from the Ethics Panel, the City Council shall give the member written notice of the reason for the intended action, and the member shall have the opportunity to reply. Thereafter, the City Council shall afford such member an opportunity for a hearing before the City Council. Upon removal of a member by the City Council, the City Clerk shall promptly undertake the same process as set forth in Section Four (E) to designate a replacement member of the Ethics Panel, and the selection process shall be subject to the same witnessing protocol as set forth in Section Four (E). Section Seven. Resignation of Member. If a member of the Ethics Panel decides to resign prior to the final resolution by the Ethics Panel of an ethics complaint, the member‟s resignation shall be submitted in writing to the City Clerk who shall forward th e resignation to the City Council, the Mayor, and the other members of the Ethics Panel. A resignation shall be deemed effective upon submission to the City Clerk and cannot be revoked. Upon receipt of the resignation, the City Clerk shall promptly under take the same process as set forth in Section Four (E) to designate a replacement member of the Ethics Panel, and the selection process shall be subject to the same witnessing protocol as set forth in Section Four (E). Section Eight . Duties and Powers. The Ethics Panel shall have the following duties and powers: (A) To establish any procedures, rules, and regulations governing its internal organization and conduct of its affairs, provided that such procedures, rules, and regulations do not conflict with any provision contained herein; 19 (B) To consider and hear complaints of violations of this Ordinance; (C) To administer oaths; (D) To issue subpoenas only when requested to do so by the Complainant or the Respondent in accordance with Section Eleven of this Ordinance; (E) To recommend such action as provided in this Ordinance as deemed appropriate because of any violation of this Ordinance; and (F) To perform any other function authorized by this Ordinance. Section Nine. Custodian of Records. The City Clerk shall serve as legal custodian of the Ethics Panel records, and shall accept, file, maintain, and administer, in accordance with all applicable laws, any information related to the purposes of this Ordinance. Section Ten. Limitation of Liability. No member of the Ethics Panel, or any person acting on behalf of the Ethics Panel, shall be liable to any person for any damages arising out of the enforcement or operation of this Ethics Ordinance, except in the case of willful or wanton miscondu ct. This limitation of liability shall apply to the City, the members of the Ethics Panel, the City Clerk, the City Attorney, and any person acting under the direction of the Ethics Panel. Section Eleven. Subpoenas (A) Any request for a subpoena made by a party to the Ethics Panel shall be made at least five (5) business days prior to the ethics hearing date, and shall state the names and addresses for whom the subpoenas are to be issued and the date and time for the witnesses to appear. Any party requesting a subpoena shall also notify the opposing party in writing as to whom the subpoenas will be issued. A failure to provide such notification or to timely request a subpoena under this Paragraph may result in a waiver of the right to subpoena such witness. (B) The Ethics Panel adopts O.C.G.A. § 45-20-9(c), which states: “ Subpoenas shall be issued without discrimination between public and private parties. When a subpoena is disobeyed, any party may apply to the superior court of the county where the ethics hearing is being held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. 20 The costs of securing the attendance of witnesses, including fees and mileage, shall be computed and assessed in the same manner as prescribed by law in civil cases in the superior court. Once issued a subpoena may be quashed by the Ethics Panel or any administrative law judge if it appears that the testimony or documents sought are cumulative, that the testimony or documents sought are not relevant, that the testimony or documents sought are not material, that to respond to the subpoena would be unduly burdensome, or that for other good reasons basic fairness dictates that the subpoena should not be enforced.” (C) It is intended that O.C.G.A. § 24-10-24 shall apply to require twenty- five dollars ($25.00) per diem as a witness fee for any witnesses who are not City Employees. City Employees shall not be entitled to receive a witness fee during hours in which they are being paid by the City for performance of job duties. Additionally, if a witness resides outside the City, O.C.G.A. §24-10-24 will apply to require the twenty- five dollars ($25.00) per diem witness fee and twenty cents ($0.20) per mile for travel expenses as a condition for appearance. Consistent with O.C.G.A. § 24-10-24, any subpoenas issued on behalf of the City will not require payment of the above -stated fees. If applicable, O.C.G.A. § 12-10-27 shall govern issuance of subpoenas to off -duty law enforcement officers. (D) The Complainant and the Respondent shall be individually responsible for costs of securing the attendance of any subpoenaed witness, including the costs of fees and mileage as applicable, and shall be individually responsible for service of any subpoena. Section Twelve. Disciplinary Action (A) Upon a determination that an Employee has violated this Ordinance, the Ethics Panel shall recommend to the Mayor and the City Council that the City impose any combination of on e or more of the following penalties and actions: (1) No further action; (2) Written warning or reprimand; (3) Suspension without pay; (4) Termination of employment; and (5) Repayment to the City of any unjust enrichment. 21 (B) Upon a determination that a City Official has violated this Ordinance, the Ethics Panel shall recommend to the Mayor and the City Council that the City impose any combination of the following penalties and actions: (1) No further action; (2) Written warning, censure, or reprimand; (3) Request for resignation from office; (4) Removal from office to the extent provided by Georgia law; and (5) Repayment to the City of any unjust enrichment. (C) The City Council shall retain the discretion to determine whether any recommendation presented by the Ethics Panel under subsections (A) and (B) shall be imposed. In exercising this discretion, the City Council shall not be bound by the recommendation of the Ethics Panel and may impose any combination of the penalties listed in the relevant section. This discretion shall not entitle the City Council to override a determination by the Ethics Panel that a violation has occurred. (D) In addition to any other remedy provided herein, upon determination of a violation of this Ordinance, the Ethics Panel may recommend to the Mayor and the City Council in writing that any contract, bid, or change order that was the subject of the violation be cancelled or rescinded. The City Council shall retain the discretion to determine whether such a cancellation or rescission would be in the best interest of the City and shall not be bound in any way by a recommendation of the Ethics Panel. (E) In addition to any other remedy provided herein, the Ethics Panel may also forward its written decision to the Fulton County District Attorney‟s Office and/or the Office of the Governor for appropriate action. Section Thirteen. Judicial Review (A) Any party against whom a decision of the Ethics Panel is rendered may obtain judicial review of the decision by writ of certiorari to the Superior Court of Fulton County. The application for the writ shall be filed within thirty (30) days from the date of the decision of the City Council with respect to the punishment to be imposed. If the Ethics Panel dismisses the ethics complaint or finds no violation to have been proven by clear and convincing evidence after an ethics hearing, the writ shall be filed within thirty (30) days of the written dismissal or decision. Judicial review shall be based upon the record. No party shall be entitled to a de novo appeal. 22 (B) Upon failure to timely request judicial review of the decision by writ of certiorari as provided in this section, the decision shall be binding and final upon all parties. Section Fourteen. Ex Parte Communications. (A) After an ethics complaint has been filed and during the pendency of an ethics complaint before the Ethics Panel, no member of the Ethics Panel may communicate directly or indirectly with any party or other person about any issue of fact or laws regarding the ethics complaint, except as follows: (1) The members of the Ethics Panel may obtain legal advice from the City Attorney and may discuss the ethics complaint with any City staff provided by the City Council to assist the Ethics Panel; and (2) The members of the Ethics Panel may discuss the ethics complaint at a lawfully conducted meeting. (B) If any person attempts to communicate with an Ethics Panel member regarding an ethics complaint pending before the Ethics Panel, the Ethics Panel member shall report the substance of the communication to the Ethics Panel on the public record at the next meeting or hearing of the Ethics Panel. (C) No Ethics Panel member shall undertake an independent investigation of any complaint or matter before the Ethics Panel. Section Fifteen. Confidentiality of Board of Ethics Information. No member of the Ethics Panel, nor any public servant who has access to any confidential information related to the functions or activities of the Ethics Panel, shall divulge that information to any person not authorized to have it. Section Sixteen. Wrongful Use of this Ordinance. (A) The purpose of this Ordinance is to endeavor to maintain a high standard of ethical behavior by City Officials and Employees. This will b e most effective when City Officials, Employees, and citizens work together to set and maintain high ethical standards. (B) In order to accomplish this purpose, ethics complaints shall be based on fact and have the intent to improve the ethical climate of the City. 23 (C) A wrongful use of this Ordinance shall occur if and when a frivolous, false, or politically motivated ethics complaint is filed in a negligent, reckless, or purposeful manner without a basis in law or fact and for a purpose other than reporting a violation of this Ordinance. (D) An ethics complaint is not frivolous if the Complainant reasonably believes that facts exist to support the claim and either reasonably believes that under those facts the ethics complaint is valid under this Ordinance or acts upon the advice of counsel sought in good faith and given after full disclosure of all relevant facts within his/her knowledge and information. (E) In deciding if an ethics complaint is a wrongful use of this Ordinance, the Ethics Panel shall consider the following, without limitation: (1) The timing of the ethics complaint with respect to when the facts supporting the alleged violation became known or should have become known to the Complainant, when the ethics complaint was filed, and the date of any pending election in which the Respondent is a candidate or is involved with a candidacy, if any; (2) The nature and type of publicity surrounding the filing of the ethics complaint, and the degree of participation by the Complainant in publicizing the fact that an ethics complaint was filed; (3) The existence and nature of any relationship between the Respondent and the Complainant before the ethics complaint was filed; (4) If Respondent is a candidate for election to office, the existence and nature of any relationship between the Complainant and any candidate or group opposing the Respondent. (5) Whether the Complainant knew or reasonably should have known that the allegations in the ethics complaint were groundless; and (6) The Complainant‟s motives in filing the complaint. (F) Allegations of a violation of this Section shall be raised by the Respondent as part of the Respondent‟s response to an ethics complaint. (G) Allegations of a violation of this Section shall be considered by t he Ethics Panel considering the ethics complaint that is alleged to be a violation of this Section. Evidence supporting and opposing the allegations of a violation of this Section shall be presented at the same ethics hearing 24 conducted with respect to the ethics complaint that is alleged to be a violation of this Section. (H) Upon a finding by the Ethics Panel that clear and convincing evidence of a violation of this Section was presented at the ethics hearing, the Ethics Panel shall recommend to the Mayo r and the City Council that the City impose any combination of the following penalties and actions: (1) Public reprimand; (2) Criminal prosecution for perjury; and (3) Payment of costs and attorney‟s fees associated with the handling and processing of the ethics complaint. For purposes of this subsection, the term „costs‟ shall include the staff time dedicated to processing the ethics complaint as well as copy costs and other directly attributable administrative expenses. For purposes of this subsection, the phrase „attorney‟s fees‟ shall include the reasonable fees of the attorney retained, if any, by the subject of the ethics complaint as well as any fees necessary to be paid to the Ethics Panel attorneys. ARTICLE SIX: MISCELLANEOUS Section One. Severability. If any provision of this Ordinance is found by a court of competent jurisdiction to be invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is found to be invalid or unconstitutional, such inval idity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. Section Two. Repealer. All Ordinances or parts of ordinances in conflict herewith are held repealed, including without limitation, the previously existing City of Milton Ethics Ordinance. Section Three. Effective Date. This Ordinance shall become effective immediately upon its passage by the Mayor and Council of the City of Milton. 25 [SIGNATURES ON FOLLOWING PAGE] 26 This ______ day of _________________, 2010. MILTON CITY COUNCIL ________________________________ Mayor Joe Lockwood ________________________________ Councilwoman Karen Thurman ________________________________ Councilwoman Julie Zahner Bailey ________________________________ Councilman William C. Lusk ________________________________ Councilman Burt Hewitt ________________________________ Councilman Joe Longoria ________________________________ Councilman Alan Tart Attest: ______________________________ Sudie AM Gordon City Clerk