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Home My WebLink About12-06-10 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, December 6, 2010 Regular Council Meeting Agenda 6:00 PM INVOCATION – Pastor Michael DeBusk, Associate Pastor, Crabapple First 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. 10-1290) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the November 1, 2010 Special Called Work Session Minutes. (Agenda Item No. 10-1291) (Sudie Gordon, City Clerk) 2. Approval of the November 8, 2010 Work Session Minutes. (Agenda Item No. 10-1292) (Sudie Gordon, City Clerk) 3. Approval of the November 15, 2010 Regular Council Meeting Minutes. (Agenda Item No. 10-1293) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 6, 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 a Contract between the City of Milton and Frontline Surveying & Mapping, Inc. for a Boundary and Topographic Survey for a 5 Acre Parcel on Highway 9 in the Amount of $2,575.00. (Agenda Item No. 10-1294) (Carter Lucas, Public Works Director) 5. Approval of a Professional Services Contract between the City of Milton and Universal Engineering Services, Inc. for a Phase I Environmental Site Assessment and Geotechnical Evaluation for the 5 Acre Tract on Highway 9 in the Amount of $6,700.00. (Agenda Item No. 10-1295) (Carter Lucas, Public Works Director) 6. Approval of a Contract between the City of Milton and Bass Signal Corporation for Directional Boring Services for Signal and Pedestrian Improvements at the Intersection of Webb Road and Deerfield Parkway in the Amount of $9,600.00. (Agenda Item No. 10-1296) (Carter Lucas, Public Works Director) 7. Approval of a Professional Services Contract between the City of Milton and Lowe Engineers, LLC to provide Professional Transportation Engineering and Planning Services to the City in the Amount of $30,000.00. (Agenda Item No. 10-1297) (Carter Lucas, Public Works Director) 8. Approval of a Contract with URS to Provide Final Engineering Design Services for the Cogburn Road Bridge Replacement Project in the Amount of $135,212.00. (Agenda Item No. 10-1298) (Carter Lucas, Public Works Director) 9. Approval of an Agreement with Lew Oliver, Inc. Whole Town Solutions. (Agenda Item No. 10-1299) (Chris Lagerbloom, City Manager) 6) REPORTS AND PRESENTATIONS 1. A Proclamation Recognizing Hunt Tosh, Winner of Chronicle of the Horse/USHJA International Hunter Derby. (Presented by Councilmember Karen Thurman) 7) FIRST PRESENTATION 1. RZ10-06 – To Amend the City of Milton Zoning Ordinance, Section 64-1820, Landscaping Business, Plant Nursery or Garden Center with Indoor Retail Component. (Agenda Item No. 10-1300) (Presented by Lynn Tully, Community Development Director) MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 6, 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. 2. RZ10-08 – To Amend the City of Milton Zoning Ordinance, Section 64-1, Definition for Landscaping Business. (Agenda Item No. 10-1301) (Presented by Lynn Tully, Community Development Director) 8) PUBLIC HEARING 1. Approval of a Resolution of the Mayor and Council of the City of Milton, Georgia Regarding “9-1-1” Wireless Enhanced “9-1-1” Charges and Voice Over Internet Protocol. (Agenda Item No. 10-1302) (Matt Marietta, Fire Marshal) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. Approval of a Text Amendment to Chapter 54, Telecommunications of the City of Milton Code of Ordinances, Sections 54-4.(3), 54-7.(b), 54-11, and 54-21.(1). (Agenda Item No. 10-1287) (First Presentation on November 15, 2010) (Presented by Lynn Tully, Community Development Director) 2. Approval of a Text Amendment to Replace in its Entirety Appendix A, Fees and Other Charges of the City of Milton Code of Ordinances. (Agenda Item No. 10-1288) (First Presentation on November 15, 2010) (Presented by Lynn Tully, Community Development Director) 11) NEW BUSINESS 1. Approval of a Resolution Requesting the Transmittal of an Application for FY 2011 Livable Centers Initiative (LCI) Study Grant in the Amount not to Exceed One Hundred, Twenty Thousand Dollars ($120,000) in Order to Conduct an LCI Study of the Area Along Hwy 9 to the Atlanta Regional Commission (ARC). (Agenda Item No. 10-1303) (Presented by Michele McIntosh-Ross, City Planner) 2. Approval of a Resolution Adopting the Council and Work Session Meeting Dates (January through December 2011). (Agenda Item No. 10-1304) (Presented by Sudie AM Gordon, City Clerk) MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 6, 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. 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION The purpose of the Executive Session is to Discuss Pending Litigation. (Agenda Item No. 10-1305) 15) ADJOURNMENT (Agenda Item No. 10-1306) The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: November 23, 2010 for the December 6, 2010 Council meeting Agenda Item: Approval of a Contract between the City of Milton and Frontline Surveying & Mapping, Inc. for a Boundary and Topographic Survey for a 5 acre Parcel on Highway 9 in the Amount of $2,575. Background: The city currently has a 5 acre tract located at 13690 Highway 9 under contract. This work is being performed as part of the general due diligence prior to purchasing the property. Discussion: During the review time provided in the purchase agreement staff is recommending a boundary and topographic survey be performed on the property. This work is necessary for site planning efforts and to determine if there are any restrictions which may limit the city’s ability to develop the property or may have a significant impact on the price of developing the property. Three quotes were obtained for these services and Frontline Surveying and Mapping, Inc. provided the lowest bid for the project. Staff is recommending approval of the contract in the amount of $2,575. Legal Review: Paul Higbee, Jarrard & Davis on 11-11-2010 Attachments: 1. Contract with Frontline Surveying & Mapping, Inc. City of Milton SERVICES AGREEMENT - SHORT FORM AGREEMENTS $10,000.00 OR LESS This Services Agreement (the "Agreement") is made and entered into this o�' day.of November, 2010, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and Frontline Surveying & Mapping, Inc. (hereinafter referred to as the "Contractor"). WITNESSETH THAT: WHEREAS, the City desires to employ a contractor to perform the services described herein (the "Work'); and WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the. Work; and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged; agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as a boundary and topographic survey for 5 acre tract located at 13690 Highway 9 in Milton, Georgia. Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City, and shall fully complete the Work within 30 calendar days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges, incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $2,575 (the "Contract Price"), except as outlined in Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. Section 6. Covenants of Contractor A. Assimment of Agreement: Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. 1 B. Responsibility of Contractor and Indemnification of Citv: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees,which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services,.or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in .an independent business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch as City and Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Contractor agrees not to represent itself as City's agent for any purpose.to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, . insurance approved by the City as shown on Exhibit B. E. Licenses, Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor's Representative: Thomas Peay, RLS shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Confidentiality: Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. I. Meetings: Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Warranty: Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of completion of the Work at no additional cost to the City. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. 2 B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. under seal as of the date first above written. Frontline Surveying & Map g, Inc: Signature: Printed Name: Title: E- [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA Joe Lockwood, Mayor 3 Exhibit A Scope of Services for Boundary and Topographic Survey for 5 acre Parcel on Highway 9 - The, City of Milton is looking for survey firms interested in submitting a bid for a boundary and topographic survey to be used for property acquisition and site plan development. If your fine is . interested, please provide a written bid to Carter Lucas via email (carter.lucas@cityofiniltonga.us) by Wednesday, November 10, 2010 at 2 PM. The boundary and field survey is to be provided for a 5 ac tract located on Hwy 9 and shown on the attached site plan. All boundary work shall be consistent with the Georgia Plat Act and industry standards for this type of work. All information will be collected by a field run survey and shall include at a minimum the following information: a. Property boundary with all data necessary to indicate the mathematical dimensions and relationships of the boundary represented, with angles given directly or by bearings, and with the length and radius of each curve, together with elements necessary to mathematically define each curve. The point of beginning of the surveyor's description shall be shown as well as the remote point of beginning if different. A bearing base shall refer to some well -fixed line, so that the bearings may be easily re-established. b. Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by an existing monument or witness to the corner. c. Gross land area. d. Adjacent Property Owners. e. Identify all utilities and easements. All easements evidenced by Record Documents which have been delivered to the surveyor shall be shown, both those burdening and those benefiting the property surveyed, indicating recording information. If such an easement cannot be located, a note to this effect shall be included. Observable evidence of easements and/or servitudes of all kinds, such as those created by roads; rights-of-way; water courses; drains; telephone, telegraph, or electric lines; water, sewer, oil or gas pipelines on or across the surveyed property and on adjoining properties if they appear to affect the surveyed property, shall be located and noted. If the surveyor has knowledge of any such easements and/or servitudes, not observable at the time the present survey is made, such lack of observable evidence shall be noted. Surface indications, if any, of underground easements and/or servitudes shall also be shown. El f The character and location of all walls, buildings, fences, poles and other visible improvements on the property or within twenty-five feet of the boundary lines shall be noted. g. Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc... h. Driveways, alleys and other ways of access on or crossing the property must be shown:" Where there is evidence of use by other than the occupants of the property, the surveyor must so indicate on the plat or map. Where driveways or alleys on adjoining properties encroach, in whole or in part, on the property being surveyed, the surveyor must so:indicate on the plat or map with appropriate measurements. i. Topographic survey with a minimum of 2 foot topographic contour intervals: Contours shall extend a minimum distance of twenty-five feet beyond all property lines. j. Provide spot elevations at all critical points such as drainage breaks, high points, low points, etc... k. It is anticipated that the sanitary and storm connection will be to the property to the south. Indicate size, type and invert of the pipes in adjacent sanitary sewer at MH 4A and M114 and storm drain HW B-3 to HW B-1 as indicated on the attached drawing. 1. Size and type of water mains. in. As accurately as the evidence permits, the location of cemeteries and burial grounds observed in the process of performing the field work for the survey, shall be shown. n. Ponds, lakes, springs, defined drainage channels or rivers bordering, running through or within twenty-five feet of the premises being surveyed shall be shown. o. Observable evidence of site use as a solid waste dump, sump or sanitary landfill. p. Location of 100 year flood plain or a determination that none exists on the property. q. Manholes, catch basins, valve vaults or other surface indications of subterranean uses. r. Include Tree Survey to include the location of tree line, any beech, magnolia or walnut tree 24" or greater dbh, any other hardwood or pine tree 27" or greater dbh, and any dogwood, redbud or sourwood tree 8" or greater dbh (call out tree type, size, and show location on plat). s. Any other field information which may be determined to affect the development potential of the property. Provide digital files of survey (DGN or DWG format tied to state plane coordinates and including Benchmark data and datum information) and 3 hard copies of survey signed and sealed by a professional land surveyor licensed and qualified to do business in the State of Georgia. 5 No right of way plats, staking of centerline or right of way casement. staking are included in this proposal. It is anticipated that a Notice to Proceed will be issued on November 17, 2030 with a project completion on December 3, 2010.. itl _ \ + y4y 15 U Fes! 2 Exhibit B Insurance Certificate 7 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: November 19, 2010 for the December 6, 2010 Council meeting Agenda Item: Approval of a Professional Services Contract for a Phase I Environmental Site Assessment and Geotechnical Evaluation for the 5 acre tract on Highway 9 in the amount of $6,700. Background: The city currently has a 5 acre tract located at 13690 Highway 9 under contract. This work is being performed as part of the general due diligence prior to purchasing the property. Discussion: During the review time provided in the purchase agreement staff is recommending a Phase I environmental site assessment be performed on the property as well as geotechnical evaluation of the property. This work is necessary to determine if any unknown issues exist on the site that may affect the city’s ability to develop the property or may have a significant impact on the pri ce of developing the property. Legal Review: Professional Services Contract – Paul Higbee, Jarrard & Davis on 11/10/2010. Attachments: 1. Professional Services Agreement – Universal Engineering Sciences, Inc. City of Milton PROFESSIONAL SERVICES AGREEMENT 5 ACRE TRACT LOCATED AT 13690 HIGHWAY 9 This Agreement made and entered into this 12 day of November, in the year 2010, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Universal Engineering Sciences, Inc. ("Consultant") having its principle place of business at 3040 Business Park Drive, Suite F, Norcross, Georgia 30071. WHEREAS, the City of Milton will require certain professional public works services beginning on November 17.2010: and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation The Consultant agrees to provide all Services specified in Exhibit "A," attached hereto and incorporated herein by reference, for the compensation described therein and below. No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee not to exceed the following amounts (the "Contract Price"): Task 1: Phase 1 ESA $1,500 Task 2: Geotechnical Exploration and Evaluation $4,200 Task 3: Asbestos Survey $1,000 without prior written approval from the City. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary n Cilj ofMiKon 'v limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts_ This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for in to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be Cityo(MR0, subject to approval by the City Attorney to form and content. 'these requirements are suliject to amendment or waiver if so approved in writing by the City ivlanager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional. services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it_ (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers, 3 n .•�� U,O(MAO,o (iv) Coverage shall state that the C'onsultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Comuensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All_Coveraaes. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) clays prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VII. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be 4 (A Gty of M,Icn 4�-I subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 5.0 Term; Termination The term of this Agreement shall be from November 17, 2010 to December 31, 2010 with the work to be completed within 30 calendar days from the notice to proceed. Except as otherwise provided for in Exhibit "A", the City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to clue such breach within fifteen (15) clays of receipt from the City of a written notice of the breach. 6.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 7.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 5 � � Glty of Millon 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 13.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 14.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 15.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107P Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Scott Thomson, PE Universal Engineering Sciences 3040 Business Park Dr, Suite P Norcross, Georgia 30071 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's 6 Cll, of 1&t., performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. Approved as to form.- City orm: City Attorney Universal Engin ering Scien es, Inc. Signature: .,Ie, �P� Printed Name: gco-17- f)- 7]fflMS Title: %off MA-M1K9en- SIGNED, SEALED, AND DELIVERED in the presence of: [AFFIX CORPORATE SEAL] or 1 Potary Public' [NOTARY SEAL] My Commission Expires: Notary Public, Clayton CoL ft 0800 CITY OF MILTON: My Commission Expires J* 5, 2012 By: Its: SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: (\ City of Milton [CITY SEAL] 7 EX1411311'"A" SCOPE OF WORK Provide professional engineering services related to geotechnical and environmental evaluations for a 5 acres tract of land located at 13690 Highway 9, Milton, Georgia. Those services are more fully described as follows: TASK 1 — Phase I Environmental Site Assessment (ESA) Provide a Phase I Environmental Site Assessment (ESA) in accordance with the attached scope provided by Universal Engineering Sciences, Inc. TASK 2 —Geotechnical Evaluation Provide a geotechnical assessment of the property in accordance with the attached scope provided by Universal Engineering Sciences, Inc. TASK 3 — Asbestos Evaluation Provide an asbestos evaluation of the existing structure in accordance with the attached scope provided by Universal Engineering Sciences, Inc. r �� 4 Clty o(Millon .a `..J i October0 City of Milton 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 Attention: Mr. Carter Lucas, PE Reference: Proposal for Phase I Environmental Site Assessment 5 acre site State Route 9 Milton, Fulton County, GA UES Proposal No. 1640.1010.00001 Dear Mr. Lucas, PE: LOCATIONS: Atlanta Daytona Beach Fort Myers Fort Pierce • Gainesville • Jacksonville • Kissimmee Leesburg Nlami Ocala • Orlando(Iicadquarters) • Palm Coast • Panama City • Pensacola • Rockledge Sarasota Tampa • West Palm Beach Universal Engineering Sciences (UES) appreciates the opportunity to submit this proposal for performance of a Phase I Site Assessment of the aforementioned site. This proposal presents a brief description of our understanding of the project, the work scope, and our compensation. PHASE I ENVIRONMENTAL SITE ASSESSMENT The objective of the Phase I ESA is to provide an independent, professional opinion regarding recognized environmental conditions (RECs) associated with the referenced property. Specifically, we will use American Society for Testing and Materials Standard E 1527-05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process as a guideline. The following tasks will be completed during the assessment: • Interview key site personnel, as available, regarding current and previous uses of the property, particularly activities involving hazardous materials and wastes. • Investigate historical use of the property by examining locally available aerial photographs and other readily available historical information (e.g., fire insurance maps, city directories). • Review property records (e.g., Tax Assessors Office) to ascertain previous ownership and historical property use, to the extent these records are available. This may not result in a 50 year chain -of -title. • Document information available on general geology and topography of the property, local groundwater conditions, sources of water, power, and sewer, and proximity to ecologically sensitive receptors (e.g., streams). • Conduct an onsite walkthrough inspection of the property for visual evidence of potential environmental concerns including: -- Existing or potential soil and water contamination, as evidenced by soil staining, discoloration, stressed vegetation, or indications of waste dumping/burial -- Pits, ponds, or lagoons -- Containers of hazardous substances or petroleum products 3040 Business Park Drive, Suite F ; Norcross, Georgia 30071 r. (770) 242-6438 1 : Fax (770) 242-6980 v✓vAv. UniversalEngineering.com 5 aae site, SR 9 Milton, GA 1640.1010.00001 October 12, 2010 Electrical equipment that may contain polychlorinated biphenyls (PCBs), such as electrical transformers and capacitors Underground storage tanks (USTs) Aboveground storage tanks (ASTs) Suspect asbestos containing materials (ACM). If there is readily visible suspect ACM it will be noted. No bulk material samples will be collected, nor any detailed description will be given. • Review readily available information with respect to radon gas potential. • Perform a property line visual assessment of adjoining property for evidence of potential environmental conditions that may affect the subject property. • Identification of wetland conditions, protected species and habitat, and cultural and archeological resources will be evaluated by the review of the National Wetlands Inventory, National Historic Register, and U.S. Fish & Wildlife databases. If UES determines from the review of the aforementioned databases that suspect wetlands, protected species, and cultural and archeological resources exist at the site, UES will make the appropriate recommendations in the Phase I ESA Report for further evaluation. • Review a commercial database summary of federal and state regulatory agency records pertinent to the site and properties within ASTM recommended search distances, including (1) the National Priorities List (NPL) and the Comprehensive Environmental Response Compensation and Liability Information System (CERCLIS) inventory maintained by USEPA, (2) inventories of known or suspected sites of environmental impairment maintained by state and local regulatory authorities, and (3) underground storage tank registration inventories maintained by state and local regulatory authorities. • In order to qualify for one of the Landowner Liability Protections (LLPs) offered by the Small Business Liability Relief and Brownfields Revitalization Act of 2001 (the Brownfields Amendments"), the user must provide the user questionnaire to the environmental professional. Failure to provide this information could result in a determination that "all appropriate inquiry' is not complete. The user questionnaire is provided as an attachment to this proposal. The user is required to provide information regarding environmental liens. The scope of the environmental cleanup lien search is limited to reasonably ascertainable land title records. Prepare a written report including work performed, findings, conclusions, and recommendations for additional investigation (as necessary) to evaluate identified RECs or business environmental risks that may have an impact on site development. If possible, please provide the following information/documents: • Plot plan and legal description. • Any other data, previous reports, or information with respect to the subject property. • Questionnaire (attached) Page 2 of 8 *01 5 acre site, SR 9 Milton, GA COMPENSATION 1640.1010.00001 October '12, 2010 Compensation for our services will be on a lump sure basis for a fixed fee total of $1,500.00. If conditions are encountered which may warrant additional work, we will contact you for approval before proceeding. TIME SCHEDULE We expect to complete the work and submit formal reports within three weeks of authorization. Additionally, we will provide you with verbal results of pertinent issues as they arise. If a tighter schedule is required please let us know. In addition, we will verbally discuss pertinent geotechnical items of work with you as they are obtained. CLOSURE We look forward to working with City of Milton during this phase of the project. Should there be any questions regarding the proposed work or compensation, please contact us. Sincerely, Univsal Engineerin Sciences, Inc. Scott D. Thomson Branch Manager Page 3 of 8 u UNIVERSAL ENGINEERING SCIENCES Consultants In: Geotechnical Engineering • Environmental Sciences Geophysical Services • ConsCnrction PAate:ials Testing •Threshold Inspection [3uilding Inspection •Plan Review • f3uildin9 Codc Administration November 9. 2010 City of Milton 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 Attention: Mr. Carter Lucas, PE Reference: Proposal for Geotechnical Exploration and Asbestos Survey 5 acre site State Route 9 Milton, Fulton County, GA UES Proposal No. 1630.1110.00002 Dear Mr. Lucas: LOCA'I!ONS: Atlanta Daytona Beach Fort Myers • Fort Pierce • Gainesville • Jacksonville • Kissimmee Leesburg Miami Ocala Orlando (Headquarters) • Palm Coast • Panama city • Pensacola • Rockledge Sarasota Tampa • West Palm Reach Universal Engineering Sciences (UES) appreciates the opportunity to submit this proposal for performance of a Geotechnical Exploration and an Asbestos Survey of the aforementioned site. This proposal presents a brief description of our understanding of the project, the work scope, and our compensation. GEOTECHNICAL EXPLORATION FIELD EXPLORATION The field exploration will consist of a total of 200 feet of standard penetration test (SPT) borings. Ten borings will be spaced out through out the five acre property. Each boring will be extended to a maximum depth of 20 feet below the existing ground surface or auger refusal, whichever occurs first. Based on the provided aerials, it appears that one day of clearing will be required to gain drill rig access to the back portions of the property. Based on the aerial photograph a single family residential structure is located on site with a smaller sheds. ENGINEERING SERVICES A geotechnical engineer, registered in the State of Georgia, will direct the geotechnical exploration and provide an evaluation of the site and subsurface conditions with respect to the planned construction. The result of the recommended exploration and engineering study will be presented in a report containing the following: Foundation Recommendations Recommendations for asphalt paving design Soil bearing capacity, on both original soils and compacted fill Adequacy of the soil, in place, as a structural fill 3040 Business Park Drive, Suite F ! Norcross, Georgia 30071 1 (770) 242-6438 ! Fax (770) 242-6980 www. UniversalEngineeiing.cotn 5 acre site, SR 9 Milton, GA Location of water table (if encountered) Retaining wall design parameters Anticipated total differential settlement Compaction procedures and requirements ASBESTOS SURVEY 1630.1110.00002 November 9, 2010 Representative bulk samples of the suspect asbestos containing materials (ACMs) will be collected and analyzed for asbestos content by polarized light microscopy (PLM). The United States Environmental Protection Agency (EPA) defines an asbestos containing material as any material containing greater than one (1) percent asbestos. UES will provide PLM results to you immediately upon receipt for discussion to determine if further analysis is required. • If PLM results indicate levels between "trace" and 10% asbestos, you will have the option to analyze the samples further by PLM Point Count Analysis to better quantify the asbestos content or assume the material to be asbestos containing. Materials having point count results <1% asbestos are considered non -asbestos containing. If you choose the additional Point Count analysis, UES will pass-through these costs. • UES will assess the condition, friability and amount of the suspect ACMs, if found to contain asbestos. • Provide a written report of our findings. • All work will be performed by an EPA -accredited Inspector. COMPENSATION FOR SERVICES Based on the scope of the geotechnical exploration, and the environmental services outlined above, we propose to complete the geotechnical exploration for a lump sum amount of $3,200.00 with one day of clearing of $1,000.00 and Asbestos Survey is a lump sum cost of $1,000.00 (includes collecting samples, lab analysis and reporting). If additional services are required they will be invoiced according to the attached Fee Schedule. TIME SCHEDULE We expect to complete the work and submit formal reports within three weeks of authorization. Additionally, we will provide you with verbal results of pertinent issues as they arise. If a tighter schedule is required please let us know. In addition, we will verbally discuss pertinent geotechnical items of work with you as they are obtained. Page 2 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: November 23, 2010 for the December 6, 2010 Council meeting Agenda Item: Approval of a Contract between the City of Milton and Bass Signal Corporation for Directional Boring Services for Signal and Pedestrian Improvements at the Intersection of Webb Road and Deerfield Parkway in the Amount of $9,600. Background: As part of the MARTA Offset projects the city has proposed intersection improvements to enhance pedestrian mobility at the intersection of Webb Road and Deerfield Parkway. Discussion: Several pedestrian improvements have been identified at this intersection to improve the safety and mobility of the area (additional crosswalk, countdown ped timers, improved ramps, etc…). The first part of that project is to replace the wiring that connects the pedestrian signals. This project will install the necessary conduit in the proper locations to install the wiring for the proposed upgrades. This is part of our overall intersection enhancement project being funded by the MARTA Offset funds and is 100% reimbursable. Three quotes were obtained for these services and Bass Signal Corporation provided the lowest bid for the project. Staff is recommending approval of the contract in the amount of $9,600.00. Legal Review: Paul Higbee, Jarrard & Davis on 11-3-2010 Attachments: 1. Contract with Bass Signal Corporation City of Milton SERVICES AGREEMENT — SHORT FORM DIRECTIONAL BORE AT DEERFIELD PARKWAY AND WEBS ROAD This Services Agreement (the "Agreement") is made and entered into this 8h day of November, 2010, by and between the CITY OF MILTON, GEORGIA. (hereinafter referred to as the "City"), and Sass Signal Corporation (hereinafter referred to as the "Contractor"). WITNESSETH THAT: WHEREAS, the City desires to employ a contractor to perform the services described herein (the "Work"); and WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": Exhibit A — Insurance Certificate Exhibit S — Contractor Affidavit and Agreement Exhibit C — Subcontractor Affidavit (if necessary) To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as 400 1f of 5 inch directional bore and 800 if of Type 3, 2 inch conduit to be installed at the Deerfield Parkway Webb Road intersection. Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City, and shall fully complete the Work within 30 days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, I reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $9,600 (the "Contract Price"), except as outlined in Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. Section 6. Covenants of Contractor A. Assignment of Agreement: Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Contractor and Indemnification of Ci1y: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch as City and Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit A. E. Licenses, Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor's Representative: Brett Webster 1 Van Sedwick shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. 2 H. Confidentiality: Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. I. Meetings: Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Warranty: Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of completion of the Work at no additional cost to the City. Section S. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument_ C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. D. E -Verification. Contractor shall provide evidence on the forms attached hereto as Exhibits "B" and "C" that it and Contractor's subcontractors conduct verification of employees as required by O.C.G.A. § 13-10-91 and related rules promulgated by the Georgia Department of Labor or the Georgia Department of Transportation. The City Manager or his/her designee shall be authorized to conduct inspections of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. Compliance with the requirements of O.C.G.A. § 13-10-91 and related rules promulgated by the Georgia Department of Labor or the Georgia Department of Transportation, as applicable, is mandatory. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. BASS SIGNAL CORPORATION Signature:(;;b Printed Name: lean Bass Title: �Sli_rel� n [AFFIX CORPORATE SEAL] CITY OF MILLTON, GEORGIA Joe Lockwood, Mayor 3 EXHIBIT "A" Insert Insurance Certificate CERTIFICATE OF LIABILITY INSURANCE OPID NICEl MM TE lno I w mwl E CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSf FRANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If e ce v holder is an ADDITIONAL INSURED, the polilcy(ies)must rw erulofsed. If SUBROGATION 15 WAIVED. subject o the tenns and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rlghls to the certificate holder in lieu of such endorsement(s)- PRODUCER NAME: M 5(Ea�occurraneo) _ PHONE - FAX McNeal Agency, Inc. r�td Exli _ _.... 1.IAIC. NoI P. 0. Box 6009 ADDRESS Warner Robins GA 31095-6009 PRODUCER _ _r�.,..... C usrpMFrA lU a. SAS S S -1 Phone : 4 7 8 -9 2 9 -4141 INSURER($) AF FORnINri covERAGE NAIc f INSURED INSURER A Commerce & Industry Bass Signal Corporation ntsUReRB: ORA GIM MIJTLXAL COMPANY 14060 Tracy Bass 251 Industrial Park Drive Milledgeville GA 91061 INSURER C - - - — - --- POLICY PF - LOC INstIRE:R o _ INSURER E 1 INSURER F: COVERAGESCERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES INSUkmZE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED ED ABOVE FORH LI Y PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSf FRANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AN 0 CONDITIONS OF SUCH POLICIES. LIMITS SHO AI MAY HAVE 8EEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSLAUNCE ADDLI! .. POLICY NUMBER POLICY EFT F'UL1CY EXP [MVIDD YYYY1 (MWO C6 42RAL LFA8FLITY AUTHORIZED REPRESENTATTVE Suite 1070 lton GA 30004 EACH OCCLI7RENCF $ 1,000,000 B X COMWERCIALGENERAL LAO( ITY CPP2141874 - CLA INSMA(]E []xWD 06/15/10 05/15/11 M 5(Ea�occurraneo) _ $ 300,000 _... _ $5,000 EXP (Any orw Iwzws PERSONAL a ADV r .IURY _........-_. $ 1, 000 000 � Amar -GATE — – — $20000,000 GENT AGGREGATE OMIT AMIES PER 12_,000,000 PRODUCTS COMPfOP AGO POLICY PF - LOC 1 cokuwt) SINGLE LIMITUTO GODLY INJURY (par wrmn) $W ED AUTOS9cAtid4Y {su.Alar Ipw acc�daF1 i DULEDALMOS FHREDALITOS _-----F+"IeN I Y LIA MAC�I { wr accident) WNLDAUTO5 13UMOMILLA LM X ru.rlpt CQP2322334 06/15/10 06/15/11 FACHOCaXMNc:F 12,000,000 EXCESS LUIS CLAIMSMADE AGGREGATE------ $ 2,000,000 1 DEDUCTIOLE x RETENTION $ 0 a A wORKERScOmPENSATION VIC 005-42-987006 AND EMPLOYERS' LIABILITY YIN AFJYI'IR[)I'ftlElTJAWARTWfUEXLCI11IVF I) I K.RIME "f FR EXCLUEED7 IA owiddory In NH) _... WIi da&Cabe under S-CRIPTION OF OPMATIC]NS i5 10 06 F,5 11XrK '•C7FtY LIMITS F,R ___ L L EA0i ACCIDENT $1,0 001000 - -- EL DGEASE - EAEAPLOYE - -- - $1,000,000 ------- C L DISEASE - POLICY L#IAIT j1r000p000 B Builders Risk CPP2141874 06/15/19 06/15/11 DESCRIPTION OF OPERATIONS ILOCATIONS I VEKCLES {Atlach ACORD 101, Additional Remarlls Schedule, V nwece h uu raqed) REF: Ful an Co. - City of Milton - Deerfield Pkwy @ Webb Rd. Bass Jobi 617F CERTIFICATE HOLDER CANCELLATIONS CITYOPW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXP*tATIOrr DATE THEREOF, NOTICE MRLL BE DELIVERED IN ACCORDANCE MATH THE POLICY PROVISIONS. City of Milton 13000 Deerfield Pkwy, AUTHORIZED REPRESENTATTVE Suite 1070 lton GA 30004 Sharon Yates 0 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Nov 08 101 12: 35p ACERTIFICATE OF INSURANCE P.1 SUCH INSURANCE AS RESPECTS TME INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: ® STATE- FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington. Illinois ❑ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas [❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or 0 STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below. _ NAMEDINSURED: UASS-SIGNAL, CORPORATION ADDRESS OF NAMED I POLICY NUMBER EFFECTIVE DATE OF POLICY _ _ DESCRIPTION OF VEHICLE {Induding VIN} LIABILITY COVERAGE LIMITS OF LIABILITY a_ Bodily Injury Each Person Each Accident b. Property Damage _ Each Accident c- Bodily Injury & Property Damage Single Limit Each Accident PHYSICAL DAMAGE COVERAGES a. Carnpre.hensive b. Collision EMPLOYERS NON -OWNED CAR LIABILITY COVERAGE HIRED CAR LIABILITY 251 INDUSTRTAL PARK DR MILLEDGEVILLE, GA. 31061 SEE ATTACHED LIST 05129/10-12/29110 SFE ATTACHER LIST ® YES ❑ NO $1,000,000. ❑ YES ❑ NO $ Deductible ❑ YES ❑ NO $ Deductible ® YES ❑ NO ❑ YES ❑ NO FLEET - COVERAGE FOR ALL OV01ED AND LICENSED MOTOR VEHICLES ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO $ Deductible ❑ YES ❑ NO $ Deductible ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO $ Deductible ❑ YES ❑ NO $ Deductible ❑ YES ❑ NO ❑ YES ❑ NO ❑YES 0 N ❑ YES ❑ NO ❑ YES ❑ NO $ Ded_uctihle_ ❑ YE=S ❑ NO $ deductible ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO p _ 7a- AGENT 7i-1881 1]./08/10 _ - Signature of Authofi ;cWepresentaNre Q Title Agent's Cone Number Date Name and Address of Certificate Holder Name and Address of Agent CITY Of MILTON ANDY cowART STATE FARM 13t)00 +7EERFIELD PKWY 110 EXECUTIVE PKWY SUITE 107G MII LZOGEV tLLU, GA, 31061 MILTON, CTA. 30004 478-454-1234 REF: FULTON CO --CITY OF MILTON --DEER FIELD PKWY P WEBH RD nsc JOB# 61 -IF INTERNAL STATE 1=ARM USE ONLY: ❑ Request permanent Cerfifieate of Insuranec far liability coverage 122429.3 Rev 67-25-20DS l] Request Certificate Holder to bs added as an Additional Insured- Nov ❑8 10 12:35p BASS SIGNAL, CORPORATION COMMERCIAL LINF b't:Itf(~f L:S POLICY DATES: 06/29/10-12129/10 074 9817 '97 FORD F800 39469S3 '00 INTERNATIONAL 4904 2102101 '97 FURL) ii350 2102104 '94 FORT) F700 3755309 '94 FORD 0302523 '95 FORD F800 2638239 '99 FREIGHTLINER FL60 2726239 '98 FREIGHTLINER FL80 4238877 `86 FORD F8000 2638219 `82 CHEV C70 2618604 '07 GMC C3500 3526907 '07 CIIEV 2500 3722455 '88 GMC C5C042 4149195 '04 FREIGHTLINER FI170 4149194 '06 INTERNATIONAL 4300 4180047 '97 FORD 454 451 3353 '03 CHEV STI,V DIIRAMAX p Nov 08 1 ❑ 12:35p BASS SIGNAL ('0100RATI N P RSO NAL LINES VAIIl['LEI POLICY DATES: 06129110-I2/29110 31.5 1384 '97 FORD F250 2928797 '06 GMC K2500 3058281 '95 CHEV C1500 2928801 '94 FORD F250 3151385 '97 CHEV 03500 2871932 '05 GMC K3500 2899310 '06 GMC K3500 3323624 '07 CIIEV K2500 4174475 '09 CID'V K1500 4378736 '09 CIIEV C2500 381 0076 '08 CIIEV K3500 450 8393 '05 CIIEV SILV IID 2500 STATE OF GEORGIA CITY OF MILTON EXHIBIT "B" CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 340-10-01-.0$ in the form attached hereto as Exhibit "C.,, Contractor ftu-ther agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. - t� EEV i Basic Pilot Program User Identification. Number BY: Authorized Officer or Agent Date [Bass Signal Corporation] Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BFVORE ME ON THIS THE DAY OF n 2010 '&am Notary P li ! 13 My Commission Expires: =18ASSBALDAMyC3 EXHIBIT "C" STATE OF GEORGIA Cy fl_M9ClJ !lu 111fl IL!]►1 By executing this affidavit, the undersigned subcontractor fees its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm ❑ orporation which is engaged in the physical performance of services under a contract with ( of contractor} on behalf of the City of Milton has registered with and is participating in a feller ork authorization program, in accordance with the applicability provisions and deadlines establis in O.C.G.A. § 13-10-91. EEV 1 Basic Pilot Program User Iden4dcation Number BY: Authorized Officer or Ag/t Date [INSERT SUBCONTRACT NAME] Title of Authorized Oxcer or Agent of Subcontractor Printed Name o Authorized Officer or Agent SUBSCRIB AND SWORN BEFORE E ON THIS THE Y OF , 201 Na&v Public Commission Expires: 0 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: November 23, 2010 for the December 6, 2010 Council meeting Agenda Item: Approval of a Professional Services Contract between the City of Milton and Lowe Engineers, LLC to Provide Professional Transportation Engineering and Planning Services to the City in the Amount of $30,000. Background: Sara Leaders has provided the city with Transportation Engineering and Planning Services since 2008 through Lowe Engineers, LLC. This professional services contract is to provide for a continuation of those services to the extent possible under our purchasing policy. Discussion: Our current purchasing policy provides for the acquisition of professional services on an as- needed basis provided those services do not exceed $30,000. This agreement will allow the city to continue to use the services of Lowe Engineers, LLC, and more specifically Sara Leaders, for Transportation Engineering and Planning services on hourly rate basis not to exceed the $30,000 threshold. Legal Review: Professional Services Contract - Paul Higbee, Jarrard & Davis on 11-9-2010 Attachments: 1. Professional Services Contract with Lowe Engineers, LLC ��City of Milton ENGINEERING SERVICES AGREEMENT PROFESSIONAL SERVICES RELATING TO TRANSPORTATION ENGINEERING AND PLANNING This Agreement made and entered into this day of November, in the year 2010, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Lowe Engineers, LLC ("Contractor") having its principle place of business at Six Concourse Parkway, Suite 100, Atlanta, GA 30328. WHEREAS, the City of Milton will require certain professional public works services beginning on November 30, 2010; and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation The Contractor agrees to provide all Services specified in Exhibit "A," attached hereto and incorporated herein by reference, for the compensation described therein. No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 2.0 Independent Contractor 2.1. The Contractor is an independent Contractor. The Contractor is not an employee, agent or representative of the City of Milton. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Contractor are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorisation. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance (1) requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (Z) Minimum. Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Covera e. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All CoveraLes. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests'rating of no less than ANIL (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. �� City of hiillon 5.0 Term; Termination The term of this Agreement shall be from November 30, 2010 until December 31, 2010, at which time this Agreement shall terminate absolutely and without further obligation on the part of the City, provided that this Agreement, absent the City providing a written notice of non -renewal to Contractor no later than December 10, 2010, shall automatically renew on January 1, 2011 for an additional term ending on May 31, 2011. Except as otherwise provided for in Exhibit "A", the City may terminate this Agreement upon a breach of any provision of this Agreement by Contractor and Contractor's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. 5.0 Compliance with All Laws and Licenses The Contractor must obtain all necessary licenses and comply with local, state and federal requirements. The Contractor shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 7.0 Assignment The Contractor shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 5 A 13.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 14.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 15.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONTRACTOR shall be sent to: Jon Drysdale, PE Lowe Engineers, LLC Six Concourse Parkway, Suite 100 Atlanta, GA 30328 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any employee, officer, director, or elected or appointed official. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. b n ray a PAR. Approved as to form: City Attorney , SEALED, AND DELIVERED [NOTARY SEAL] My Commission Expires: SIGNED, SEALED, AND DELIVERED in the presence of Witness Notary Public [NOTARY SEAL] My Commission Expires: �C 4 Qy of myon LO W E ENGIN LLC: By: , Member/Manager CITY OF MILTON: By: Its: [CITY SEAL] EXHIBIT "A" SCOPE OF WORK Provide professional transportation engineering and planning services to the City. This position administers projects, addressing engineering and administrative requirements, following established procedures, policies and practices. This position also collaborates with other tasks such as programmatic and comprehensive planning, development review, preparation and presentation of reports. RESPONSIBILITIES: • Develops and implements goals and objectives for assigned programs ■ Recommends and administers policies and procedures ■ Develops and directs the Short Range and Long Range Transportation Plan ■ Recommends projects for Grants and Capital Improvement Programs + Maintains the future projects lists for execution as directed • Indentifies new projects for consideration ■ Participates in the processing of major projects ■ Reviews development plans, studies and applications for Transportation related components ■ Reviews and recommends for approval final maps, plans, project documents, studies and related items • Monitors the implementation of the Zoning Ordinance and other development regulations • Prepares a City bike and pedestrian facility plans ■ Assists in execution of the capital improvement element of the budget • Coordination road privatization, dedication and abandonment applications ■ Oversees the development of the Transportation Component of the City Comprehensive Plan ■ Applies and enforces City ordinance, codes, policies, standards • Represents the City as staff member representatives to various transportation boards, commissions, agencies, etc., such as ARC, GDOT, GRTA and Fulton County. Provides liaison to other jurisdictions and agencies. • Provides periodic reports on program status to the City and Citizens ■ Provides for the maintenance and records of department activities in the City Transportation Planning area • Responds to public inquiries and complaints regarding transportation planning issues • Coordinates the design of public works projects • Performs project management tasks for assigned projects ■ Performs other duties as assigned by the Public Works Director COMPENSATION: Services contemplated by this Agreement shall be performed on Contractor's behalf exclusively by Sara Leaders, unless otherwise requested by the city, on an hourly rate basis. The hourly rate for the term of this contract shall not exceed $75 per hour with a maximum billing, including all expenses, not to exceed $30,000.00 for services provided through May 31, 2011. In the event that, for any reason, Sara Leaders is unable to provide the services contemplated by this Agreement, the City may terminate this Agreement by providing thirty (30) days prior written notice of termination to Contractor. The Contractor shall immediately make available an alternative, suitable employee during the termination period. Compensation during this termination period shall not exceed the hourly rate established by this paragraph. Invoices will be submitted to the City at the end of each month, and payment is requested within 30 days of the date of the invoice. Authorized expenses, including mileage at governmental rates, will be invoiced monthly with documentation and without a markup, and payment is requested within 30 days of the date of the invoice. 9 n yc4ydWon City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: November 23, 2010 for the December 6, 2010 Council Meeting Agenda Item: Approval of a Contract with URS to Provide Final Engineering Design Services for the Cogburn Road Bridge Replacement Project in the Amount of $135,212. Background: The City has an on call services contract with URS that is subject to the terms and conditions of the original AGREEMENT (RFQ #08-001) entered between the parties. This task order has been issued to provide final engineering and inspection services in support of the Cogburn Road Bridge Replacement project. This Task Order is an amendment to Task Order 10-URS-03 that was approved to provide preliminary engineering design services for this project. Discussion: Staff is recommending approval of a contract in an amount not to exceed $135,212 for the final design for the Cogburn Road Bridge Replacement project. These design services include engineering drawings for the bridge replacement and road improvements, environmental permitting services, final hydraulic design, right-of-way and easement acquisition and construction inspection services. Legal Review: Jarrard & Davis – November 19, 2010. Attachments: 1. Change Order #1 to original Task Order 10-URS-03. CHANGE ORDER # 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH URS CORPORATION FOR THE REPLACEMENT OF THE COGBURN ROAD BRIDGE OVER COPPER SANDY CREEK (Original Task Order 10-URS-03) WHEREAS, the City of Milton, Georgia and URS Corporation have entered into a certain Professional Services Agreement (RFQ #08-001) dated November 20, 2008 (the “Agreement”), incorporated herein by reference, for the provision of professional services; and WHEREAS, the City of Milton, Georgia and URS Corporation, pursuant to the Agreement, entered into Task Order 10-URS-03 dated March 30, 2010 (the “TASK ORDER”), incorporated herein by reference, for the provision of the Cogburn Road Bridge Replacement; and WHEREAS, the parties desire to issue this Change Order # 1 to the TASK ORDER, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to change the TASK ORDER as follows: 1. The following tasks are hereby added to the TASK ORDER description of services: A. Task 6 - Environmental Studies URS will conduct an initial site visit and coordinate with the United States Army Corps of Engineers (USACE) to determine the need for Section 404 permitting for the project. URS staff will perform a site visit including wetland delineation, if necessary, for the project site. URS anticipates the project would only require minimal coordination with the USACE unless wetlands are identified within the project boundaries. Replacing an existing bridge with a bottomless culvert structure that spans the water resource does not typically require a Section 404 permit on small streams, and URS will coordinate with the USACE to confirm that such condition is applicable. This will be considered Phase I. Should the USACE determine that a Section 404 permit is required, and if authorized by the City of Milton, URS environmental staff will move forward with Phase II. Any impact to Jurisdictional Waters of the US (i.e. streams, wetlands, open waters) would require compliance with Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. Impacts (dredge, fill, flood etc) to Waters of the US require a Section 404 permit from USACE. The USACE is solely responsible for making final permit decisions pursuant to Section 10 and Section 404, including final determinations of compliance with the local USACE permit regulations and conditions. URS assumes any unavoidable impacts will be minor and qualify for a Nationwide Permit (NWP). URS will prepare the Pre-Construction Notification (PCN) and submit to USACE for approval. As part of the PCN preparation, URS will conduct a desktop query of existing databases for the presence of protected species and/or cultural resources. Field surveys and individual reports for these resources are not included in this scope and fee. For any additional required services including, but not limited to, National Environmental Policy Act (NEPA) compliance; mitigation; aquatic survey; analysis of social, economic, and environmental data; natural resources study; and cultural resources study, a separate scope and fee proposal will be negotiated. Deliverables 1. Section 404 exemption letter- Phase I(assumed) or 2. Section 404 Nationwide Permit- Phase II (only if required) B. Task 7 - Hydrology and Utilities 1. No-Rise Certification - In addition to the Hydrology services provided under the original Task Order, URS shall prepare a FEMA No-Rise Certification Report based on the selected structure. It is assumed that the City of Milton will perform all required floodplain coordination per City Floodplain Ordinance - Chapter 20, Article II- Floodplain Management. 2. 2nd Utility Submission - URS will submit existing utility plans along with the profile, drainage profiles and cross sections to up to 4 utility companies to mark up proposed utility relocations. Deliverables 1. Community No-Rise certification with report 2. Submittals to up to four (4) utility companies C. Task 8 – Right-of-Way Plans and Acquisition 1. Right-of-Way Plans - URS will develop right-of-way plans as necessary for the acquisition of any right-of-way and easement for the project. The right-of-way plans will generally follow GDOT plan presentation and ROW Office checklists. The plans will include a cover sheet and right-of-way plan sheets. 2. Right-of-Way/Easement Acquisition - URS’s subconsultant, Smith Real Estate Services, will provide right-of-way and easement acquisition services for this project. Smith Real Estate will provide Title Opinion, Closing Costs, Appraisal, Appraisal Review, Pre-acquisition, and Negotiation for 4 parcels. Deliverables 1. Right-of-way plans (one full size and two half size sets) 2. Title Opinion 3. Appraisals D. Task 9 - Construction Plans URS will develop final construction documents suitable for the project letting. 1. Construction Plans – URS will deliver construction documents that meet the general requirements of the GDOT plan presentation guide. The plans will include cover, index, general notes, typical sections, construction plan, detour plan, drainage profiles or cross sections, earthwork cross sections, signing and marking, detail sheets, erosion control plans and bridge/culvert plans. URS assumes that Cogburn Road will be closed during construction and that a detour plan will be provided. 2. Coordination/Meetings – We anticipate attending up to two (2) meetings with the City of Milton staff or others to discuss progress, design issues, and preparation for other formal meetings. Deliverables 1. Roadway construction plans (one full size and two half size sets) 2. Right of way plans (one full size and two half size sets) 3. Erosion control, sedimentation and pollution control plans (one full size and two half size sets) 4. Utility plans (one full size and two half size sets) 5. Bridge/culvert plans (one full size and two half size sets) 6. Construction cost estimate 7. Construction standards and details 8. Special provisions (if needed) 9. All meeting minutes URS expects to receive comments on the delivered plans from the City of Milton within two weeks of its submittal. E. Task 10 – Bid and Award URS will provide Bid and Award services including the following: 1. Bid Documents – Construction documents will be prepared in an acceptable format to allow bids to be taken by the City of Milton. Contract documents and general specifications will be provided by the City of Milton. URS will prepare technical specifications to cover the applicable areas of work and compile the bid document book for reproduction. 2. Pre-proposal Meeting – URS will attend the pre-proposal meeting to answer questions from contractors regarding the proposed improvements. 3. Shop Drawings – URS will review and approve construction shop drawings as appropriate The following items will be made available from the Cit y of Milton 1. Sample set of bid documents and general conditions Deliverables 1) Construction Documents, electronic (one CD) and bond copy (one full size and two half size sets) F. Construction Management and Inspection Only if authorized, URS shall provide construction management and inspection services in accordance with the following: Construction inspection and project oversight will include the field inspection of work in progress to observe work performed by the Contractor for conformance with the drawings, specifications, applicable standards and criteria required for this project. It is important to note that URS staff does not have the authority to change or relax any design or specification requirements without the concurrence of the Design Engineer and the approval of the City of Milton. The field inspector will communicate with the City on a weekly basis the construction progress. URS will maintain a Construction Inspector’s record of daily activities observed or “Diary”, which can become part of the project’s records. URS’ scope includes visiting the project site on a daily basis, a total of 4 hours per day, for the duration of construction. For this fee estimate, the duration of construction is assumed to be a maximum of 3 months. In addition, the field inspector(s) will attend a pre-bid meeting, a construction kick off meeting and one post construction/close out meeting. A copy of the Diary(s) will be provided to the City upon completion of construction. EXCLUSIONS The following items are not included in the scope of services. If required, additional fees will be negotiated: 1. Coordination with Georgia DOT, FHWA or FEMA 2. ROW staking 3. ROW plats and deeds 4. Roadway centerline staking 5. Bridge design services for a replacement structure other than a bottomless culvert 6. National Environmental Policy Act (NEPA) compliance; mitigation; aquatic survey; analysis of social, economic, and environmental data; natural resources study; and cultural resources study 2. The following additional tasks and anticipated milestone dates are hereby added to the TASK ORDER schedule: Notice to Proceed- Final Design December 7, 2010 (assumed) Begin Environmental Screening: December 7, 2010 Begin Final Hydraulic Study & Detail Plans: December 7, 2010 2nd Utility Submission: January, 2011 R/W Plans: February, 2011 Final Geotechnical Report/Recommendations: January, 2011 Finalize Construction Plans/Submit for Review (90% plans): March, 2011 R/W Acquisition: February, 2011 to March, 2011 Submit Bid Documents for Letting: April, 2011 3. The TASK ORDER fee shall be revised to include the following: The maximum total fee for this Change Order #1, including all contingencies described herein, shall be billed hourly at rates listed in Exhibit C of Agreement (RFQ #08-001) and in accordance with the fee schedule provided as Attachment A of this change order, not to exceed $135,212 including direct costs. 4. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement and the TASK ORDER, including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Change Order # 1 shall be attached to and form a part of said Agreement and TASK ORDER. IN WITNESS WHEREOF, the Parties have caused this Change Order # 1 to be executed and sealed as of this, the ____ day of _________________, 20____. CITY OF MILTON, GEORGIA _______________________________ By:_____________________________________ Witness Title:___________________________________ (CORPORATE SEAL) _______________________________ Notary Public My Commission Expires: _______________________________ (NOTARY SEAL) URS CORPORATION _______________________________ By:_____________________________________ Witness Title:___________________________________ _______________________________ Notary Public My Commission Expires: _______________________________ (NOTARY SEAL) ATTACHMENT A City of Milton, GA BUDGET ESTIMATE 11/22/2010 On Call Engineering Services Task #3- Change Order #1 Cogburn Road Bridge Replacement 400 Northpark Town Center 1000 Abernathy Road, NE, Suite 900 Atlanta, GA 30328 Budget Estimate City of Milton, GA Cogburn Road Bridge Replacement On Call Engineering Services URS Corp and Sub Consultants Phase: TOTAL COST Date: 11/22/2010 ESTIMATED COST Est Hours I Cost ($) Totals Roadway Design 238 $29,600 $29,600 Structural & H dro Analysis 215 $29,683 $29,683 Erosion Control Plans 72 $8,265 $8,265 Environmental Coordination (Phase I only) 24 $2,484 $2,484 Subtotal (base amount) 549 $70,032 $70,032 Total $70,032 Contract Rate Multiplier 1.00 Total with Multiplier $70,032 Other Direct Costs Mail / Fedex / Courier 10 @ $20.000 $200 Reproduction $400 Supplies $325 Phone $0 Travel 175 @ $0.585 $102 Subconsultants Willmer Engineering (Geotechnical) $0 All Traffic Data Tube Count $0 volume, class andspeed) Smith Real Estate(Right of Way) $11,424 Total Directs $12,451 Base Amount of Contract Proposal $82,483 Contingency Services (if authorized) Est Hours I Cost ($) Environmental Phase 11 48 $4,208 $4,208 Construction Phase Services 369 $48,521 $48,521 Maximum Amount of Contract Proposal (incl. all contingencies) I $135,212 Budget Estimate City of Milton, GA Cogburn Road Bridge Replacement Date: 11/18/2010 On Call Engineering Services URS Corporation (Roadway Design) Phase: Roadway Plans Direct Labor Cost Personnel Est Hours Rate/Hr Cost ($ Totals Princi al -in -Char e 0 1 $235.67 1 $0 1 $0 Project Manager 18 $181.79 $3,272 QA/QC 11 $187.00 $2,057 Senior Engineer 48 $154.72 $7,427 Engineer 97 $113.48 $11,008 CADD Technician 60 $93.30 $5,598 Admin 4 $59.53 $238 Subtotal 238 $29,600.00 $29,600 Total Direct Labor $29,600 Contract Rate Multiplier 1.00 Total Direct Labor Plus Overhead $29,600 Other Direct Costs Mail / Fedex / Courier 4 @ $20.000 $80 Reproduction $300 Supplies $100 Phone $0 Travel 50 @ $0.585 $29 Sub consultants $0.000 $0 Total Direct Costs $509 Total Estimated Cost $30,109 Maximum Amount of Contract Proposal $30,109 P -10i _rr�oaow goo.-odo J v o o �_ uIwpy TMIlelol 0 0 a vepryyaal 40V0 0 iaau bU3 ry y r iaau!6u3 i0pag < w o a v OONO ,aGeuepy pafmd 06,eyo-upletlpuud o N F S 4 W a P d W Q W _1 wW ; O G y_ `='w F % pq.., pqp W i a z Z Q y. L U U W > Q W O U p D'O F U O Q Q% a a �j p W p g p w F Q 0 5 a a w uNi Ci T g O F a N Q .F7a a w U v u u U off`>o�a°wow ��wo o Baoti=o°a waaa4 a U_ hJER Budget Estimate City of Milton, GA Cogburn Road Bridge Replacement Date: 11/18/2010 On Call Engineering Services URS Corporation (Structural and Hydro Analysis) Phase: Final Structural Plans Direct Labor Cost Personnel I Est Hours I Rate/Hr I Cost $ Totals Project Manager 28 1 $181.79 1 $5,090 Senior Engineer 87 $154.72 $13,461 Engineer 96 $113.48 $10,894 CADD Technician 0 $93.30 $0 Admin 4 $59.53 $238 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 I $0 Subtotal 215 1 $29,683.001 $29,683 Total Direct Labor 1 $29,683 Contract Rate Multiplier 11.00 Total Direct Labor Plus Overhead 1 $29,683 Other Direct Costs Mail / Fedex / Courier 2 @ $20.000 $40 Reproduction $0- 0Su lies (County GIS Data and Travel Supplies $0 Phone $0 Travel 50 @ $0.585 $29 Sub consultants Total Direct Costs $69 Total Estimated Cost $29,752 Maximum Amount of Contract Proposal $29,752 ®%((}((((}\\\�� m � e \ # ! ) ) »))\\).2 . �� /\\}}\ � � Budget Estimate City of Milton, GA Cogburn Road Bridge Replacement Date: 11/18/2010 On Call Engineering Services URS Corporation (Erosion and Sediment Control Design) Phase: Erosion and Sediment Control Design Direct Labor Cost Personnel Est Hours I Rate/Hr I Cost $) Totals Principal -in -Char e 0 1 $235.67 1 $0 Senior Engineer 16 $154.72 $2,476 Engineer 28 $113.48 $3,177 CADD Technician 28 $93.30 $2,612 Admin 0 $59.53 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal 72 $8,265.00 $8,265 Total Direct Labor $8,265 Contract Rate Multiplier 1.00 Total Direct Labor Plus Overhead $8,265 Other Direct Costs Mail / Fedex / Courier 2 @ $20.000 $40 Reproduction $50 Supplies Phone Travel 50 @ $0.585 $29 Sub consultants Total Direct Costs $119 Total Estimated Cost $8,384 Maximum Amount of Contract Proposal 1 $8,384 MENEM IN Hill Budget Estimate City of Milton, GA Cogburn Road Bridge Replacement Date: 11/18/2010 On Call Engineering Services URS Corporation (Environmental Coordination, Phases I & II) Phase: Environmental Coordination Direct Labor Cost Personnel Est Hours I Rate/Hr I Cost $ Totals Principal -in -Char e $235.67 1 $0 Env. Specialist 16 $108.62 $1,738 Technician 8 $93.30 $746 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal 24 1 $2,484.00 $2,484 Total Direct Labor $2,484 Contract Rate Multiplier 1.00 Total Direct Labor Plus Overhead $2,484 Other Direct Costs Mail / Fedex / Courier 2 @ $20.000 $46- 40Re Reproduction roduction $50 GASF 1 @ 225 $225 Phone Travel 25 @ $0.585 $15 Sub consultants Total Direct Costs $330 Total Estimated Cost $2,814 Maximum Amount of Contract Proposal $2,814 rIIIIrrII000�0010IIIIrr lelol )o % ItLNJ..o.��L�JI�I II I000000II 0 lelol Q o 0 0 0 0 o N 0 0 0 0 0 ueiapl4aad. 0 0 0 0 �aani9l'H o lsl�eroadg �nng J4.I L'1�7-tll-�edla lllld �� O H o` Q m 0 w F o - E c p - = U l H o y > � =F -=E Budget Estimate City of Milton, GA Cogburn Road Bridge Replacement Date: 11/18/2010 On Call Engineering Services URS Phase: Contingency Services (Environmental) Direct Labor Cost Personnel Est Hours I Rate/Hr I Cost $ Totals Principal -In -Char e 0 1 $235.67 1$0 Project Manager 0 $181.79 $0 QA/QC 0 $187.00 $0 Senior Engineer 0 $154.72 $0 Engineer 0 $113.48 $0 Env. Specialist 40 $93.30 $3,732 Technician 8 $59.53 $476 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal 48 1 $4,208.00 $4,208 Total Direct Labor $4,208 Contract Rate Multiplier 1.00 Total Direct Labor Plus Overhead $4,208 Other Direct Costs Mail / Fedex / Courier 0 @ $20.000 $0 Reproduction $0- 0Su Supplies lies $0 Phone $0 Travel 0 @ $0.585 $0 Sub consultants Total Direct Costs $0 Total Estimated Cost $4,208 Maximum Amount of Contract Proposal $4,208 lelol )o% o 0000 o 0000000000000000000lelol 1014+71- 0000000 0 0 00 00000M- 719- js,je,*adS'Au3 a o v iaaul6u3 0 iaaui6u3 ioluaS o Volvo ia6euuW laafmd o a6�eyp-upletlpuud '9 1- 7, a 0 e °o c v `= � o 2 � a 0 E P en O 4 U T F 0 0 W 0. N Budget Estimate City of Milton, GA Cogburn Road Bridge Replacement Date: 11/18/2010 On Call Engineering Services URS Corporation (Construction Phase Services- if authorized) Phase: Construction Phase Services (2011) Direct Labor Cost Personnel Est Hours I Rate/Hr I Cost $ Totals Principal -in -Char e 0 1 $235.67 1 $0 Project Manager 84 $181.79 $15,270 QA/QC 0 $187.00 $0 Senior Engineer 17 $154.72 $2,630 Engineer 266 $113.48 $30,186 Admin 2 $59.53 $119 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal 369 1 $48,205.00 $48,205 Total Direct Labor $48,205 Contract Rate Multiplier 1.00 Total Direct Labor Plus Overhead $48,205 Other Direct Costs Mail / Fedex / Courier 2 @ $20.000 $40 Reproduction $100 Supplies $0 Phone $0 Travel 300 @ $0.585 $176 Sub consultants Total Direct Costs $316 Total Estimated Cost $48,521 Maximum Amount of Contract Proposal $48,521 \ rs $0)C\ \$\Lol ulwpv !(JOV a = _G JOOUIOUD Joluas so = \/ ) � t5 : \\\z \ \ §+84 ± ) r)3A j: /(\o » }\\ Professional Land Acquisition Services City of Milton FEEPROPOSAL Attorney Fees - Single parcel - $450.00 3 combined parcels - $750.00 Title Examinations - $200.00 per parcel (4 parcels) (limited title exam) Federal Express Courier Fee - $30.00 each (2 parcels) Recording Fees - Single parcel - 3 combined parcels - Title Insurance - Single parcel - 3 combined parcels - Appraisal Appraisal review Preacquisition Negotiation Total $16.00 $48.00 Fee Proposal $100.00 for $14,000.00 purchase price (book rate thereafter) $100.00 for $14,000.00 purchase price (book rate thereafter) $900.00 per parcel X 4 parcels $3,600.00 $350.00 per parcel X 4 parcels $1,400.00 $650.00 per parcel X 4 Parcels $2,600.00 $750.00 per parcel X 2 Parcels $1500.00 $11,424.00 Other Interest Negotiation (such as tenants with trade fixtures in the acquisition area) or Drive Entrance only (if any) $450.00 per interest $50 Title Update if required If the property has consequential damages or a requires a Before and After appraisal, SRES will obtain preapproval from City of Milton with the appraisers and other subcontractors quote(s). PAYMENT SCHEDULE All activities outlined in the proposal will be compensated at a flat rate. Payment for Preacquisition tasks and Appraisal Review will be made within 90 days for the full amount of the parcel rate will be made after the appraisal review is approved. SRES SMITH REAL ESTATE SERVICES (Ae or disclosure of data or inforrnation contained on this page is proprietary and is restricted unless consented to by SRES Professional Land Acquisition Services City of Milton Fee Proposal Payments for the Title Opinions, Closing Costs and Appraisals will be passthrough expense. (Upon completion of the assigned task, SRES will receive invoices from our subcontractors and issue a check request for payment to City of Milton. City of Milton will then issue SRES a check in the name of the subcontractor, and SRES will be responsible for delivery to the subcontractor.) Payment for Negotiation and Other Interest tasks will be made in two stages: 1. The first payment of 75% of the parcel rate will be made after an approved option is obtained or after a 10 -day condemnation letter is sent. 2. The second payment of 25% of the parcel rate will be made after the closing has occurred and upon receipt of a fully documented parcel file. SRESu I'fRV Use or disclosure of data or information contained on this page is proprietary and is restricted unless consented to by SRES City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Christopher Lagerbloom, City Manager Date: Submitted on November 29, 2010 for the December 6, 2010 Council Meeting Agenda Item: Consideration of an agreement with Lew Oliver Incorporated Whole Town Solutions City Manager’s Office Recommendation Consider and approve an agreement with Lew Oliver Incorporated Whole Town Solutions Background On June 27, 2010, during the retreat of the Mayor and Council, there was considerable discussion on next steps related to the possibility of creating a City Center in the area known as ‘Crabapple’. Crabapple is located within the political boundaries of the City of Milton and is more of a geographical term used to identify an area, but it encompasses a node in the south central part of the City. One of the first steps the Council directed staff to take was to revisit the Crabapple Master Plan, and it was also the unanimous voice of the Council that if it was possible, professional services provided by Lew Oliver Inc. Whole Town Solutions would be preferred. Staff has worked with Lew Oliver on a proposal which is in keeping with the direction provided by the Council, and also within the funding available. Attached to this report you will find the proposal. In summary, Lew Oliver, Inc. recommends a Charrette process which focuses on the Crabapple area. The proposal includes a meeting with the Mayor and City Council, site visits, stakeholder meetings, presentations, master plan (drawn to scale and rendered in color), recommended park and pedestrian paths promoting interconnectivity and an execution process (amongst other things – please refer to the actual proposal). Funding and Fiscal Impact The fiscal impact of this master plan revisit is $30,000. This will require a $5,000 budget amendment into the capital projects fund. If this is approved, staff will prepare the appropriate adjustment. This proposal meets the City Purchasing Policy on Professional Services and was approved as such by the City Attorney on November 22, 2010. Alternatives: This is one of several options in moving this process forward. As was noted above, staff worked hard to hear the Council and work toward a proposal from Mr. Oliver that met the needs of the City and the funding available. This process can obviously expand and contract and could go City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 2 one of several different ways. If the Council chooses not to approve this proposal, staff would recommend we seek these services from another professional firm. Concurrent Review: Ken Jarrard, City Attorney Lynn Tully, Director of Community Development The Bricks #3 | 65 Sloan Street | Roswell, GA 30075 | 770-643-3938 | www.wholetownsolutions.com L E W O L I V E R I N C. W H O L E T O W N S O L U T I O N S® Proposal: City of Milton Planning Charrette Contact name: Ms. Lynn Tully/Chris Lagerbloom Phone number: (678) 242-2488 Contact email: chris.lagerbloom@cityofmiltonga.us Revised: 11.23.10 Time frame: Starting Date: March 14, 2011 Completion Date: March 30, 2011 Date: November 10, 2010 Ms. Tully and Mr. Lagerbloom: Thank you considering us to conduct a Charrette that focuses on the Crabapple Center. We offer the following as the scope of work to be completed by Lew Oliver, Inc., Whole Town Solutions: Services Pre-charrette:  Meeting with the Mayor and City Council to assess the needs for the city  Give an overview of the charrette process  Provide a charrette schedule and logistics Charrette Deliverables:  Site visit  Hold a stakeholder meeting with government officials to address needs or concerns  Hold an Opening and Closing presentation and one internal point pin-up review  Master plan, hand-drawn to scale and rendered in color; showing the locations and platting of private property, public tracts, and surface infrastructure, as well as the schematic design of parks and other neighborhood amenities  Recommended park and pedestrian paths to inter-connect the surrounding community with the downtown  Perspective drawings, (4) hand-drawn, rendered in color showing typical streets, squares, parks and other locations  Detailed plan, showing the ideal build-out of key portions of the site  Recommend pedestrian, bicycle, electric cart and motor vehicle transportation systems showing future connections to surrounding areas  A series of diagrams in black and white that may include: • A diagram of the existing structure and conditions • A diagram of public buildings and spaces • A diagram of the private lots • A diagram of the open space network • A diagram of the vehicular network (circulation and parking) • A diagram of the proposed development phasing • Scale comparisons Post charrette:  Electronic charrette document consisting of information gathered during stakeholders meeting and drawings generated during charrette will be provided to the City of Milton in PDF format. In addition, individual electronic copies of all drawings will be provided.  A one page compendium outlining the execution process The Bricks #3 | 65 Sloan Street | Roswell, GA 30075 | 770-643-3938 | www.wholetownsolutions.com Lew Oliver Inc. would request the following be provided by the city: • Facility to conduct stakeholder meeting, design charrette studio, and opening and closing presentations • Press releases covering opening and closing presentation with opening announcement to the public being provided a minimum of 30 days prior to charrette • Site information (as available) - all information is due 2 weeks prior to charrette: Aerial Photograph, printed and digital (recent color aerial photograph to be inserted as a background) Buffers (delineation of non-build zones, typically associated with areas of conservation/preservation) Easements (existing and proposed easements within and adjacent to the property) Ex Electrical (existing underground electric, easements, and associated text) Ex Forced Water (existing forced water mains, easements, and associated text) Ex Gas (existing gas lines, easements, and associated text) Ex Phone (existing underground phone lines, easements, and associated text) Ex Sewer (existing sewer lines, easements, and associated text) Ex Sidewalks (existing sidewalks and associated text) Ex Sidewalk Hatch (hatch for existing sidewalks and associated text) Ex Water (existing water lines, easements, and associated text) Floodplain (boundary of floodplain areas as defined by the local municipality) Floodplain Hatch (floodplain areas as defined by the local municipality) Historic Site (boundary of historic ruins, foundations, cemeteries, etc.) Historic Site Hatch (area of historic ruins, foundations, cemeteries, etc.) North Arrow (north arrow in paper-space) Property Lines (boundary of subject property with complete mathematical closure around its perimeter, shoreline types of surveys must be accompanied by direct course bearing and distance ties) Railroad (existing rail lines) Scale (drawing scale in paper-space) Text (text which will explain any unusual or circumstantial constraints) Topo 5 Ft (topographic lines at 5 foot intervals) Project Boundary (boundary of town, if applicable) Trees Remain (old growth tree areas or specimen trees that MUST be kept) Trees Remain Hatch (old growth tree areas or specimen trees that MUST be kept) Wetlands (boundary of areas that have OFFICIAL wetland designation) Wetlands Hatch (areas that have OFFICIAL wetland designation) Wetlands Setbacks (wetlands setback requirements) Zoning (existing zoning) All design services are provided under a blanket proposal with the exception of printing, shipping and travel expenses. Cindy Cox, registered landscape architect (Georgia #962) will perform town planning and rendering services for the duration of the charrette and shall be a vital and integral component of the Lew Oliver, Inc. services, thereby rendering this proposal a bona fide professional service within the meaning of the City of Milton purchasing policies. All concepts, designs, floor plans, and elevations are the property of Lew Oliver Inc and are licensed for use by the client. Lew Oliver Inc concepts cannot be sold or transferred to a third party without written consent from the author. Site plan recommendations will be provided in hand-drawn format (CAD format optional). Renderings will be hand- drawn, colored, and delivered in digital format. Charrette document will include all drawings with verbiage and will be accessible via the FTP site. Flat fee: $30,000 Optional Consultants: Farmer D, 1 day consultation and survey of field conditions $ 1,000 Additional Services Principle $200/hr Design/CAD $115/hr Printing, shipping and travel: Cost + 10% Delivery and Payment of Plans: A retainer for services - $ 10,000. Invoiced and due upon completion of charrette - $10,000.00 Final payment due upon delivery of Charrette document Printing and shipping expenses – invoiced monthly The Bricks #3 | 65 Sloan Street | Roswell, GA 30075 | 770-643-3938 | www.wholetownsolutions.com Client will be invoiced electronically unless otherwise requested. Should client’s/company’s outstanding balance exceed $5,000.00, Lew Oliver will halt transmittal of designs until balance is corrected. No work, electronic or hard copy will be released to the client until receipt of final payment is accepted. The client grants Lew Oliver Inc permission to photograph project during and/or after completion for use in collaterals. Should you find this contract acceptable, please initial and date each page, make a copy for yourself and return the signed original with retainer to the address below. No work will be transmitted until signed original is received. Thank you for considering us for in your project, we look forward to this endeavor. Sincerely, John C Neas, Jr Signature if approving: Project Coordinator Lew Oliver, Inc. Whole Town Solutions O. 770.643.3938 j.neas@wholetownsolutions.com cc: Lew Oliver Honoring Hunt Tosh and his Chronicle of the Horse/USHJA International Hunter Derby win WHEREAS, Milton resident Hunt Tosh is a longtime rider, trainer and caregiver of championship horses and their riders, and; WHEREAS, Earlier this year Tosh won the prestigious Chronicle of the Horse/USHJA International hunter Derby in Lexington, Ky., and; WHEREAS, In doing so, added the title to his growing list, including being the 2009 World Champion in the Hunter Rider Professional Finals, and; WHEREAS, The City of Milton is a distinct community known for its equestrian estates and facilities, and; WHEREAS, The city of Milton values its equestrian heritage and chose a horse as the logo and symbol of our city, and; WHEREAS, Tosh, who lives in the City of Milton with his wife and daughter, has made his hometown famous for the level of expertise he possesses in the equestrian field, and; WHEREAS, Tosh travels around the United States often, spreading the knowledge of both his proficiency and the City of Milton. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby dedicate Monday, December 6, 2010 as HUNT TOSH DAY in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 6th Day of December, 2010. (Seal) _______________________ Joe Lockwood Mayor City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Honorable Mayor and City Council Members From: Robyn MacDonald, Community Development Department Date: November 22, 2010 for Submission onto the December 20, 2010, City Council Meeting (First Presentation December 6, 2010, Work Session December 13, 2010) Agenda Items: RZ10-06 - To amend the City of Milton Zoning Ordinance, Section 64-1820, Landscaping business, plant nursery or garden center with indoor retail component. RZ10-08 - To amend the City of Milton Zoning Ordinance, Section 64-1, Definition for Landscaping business. CMO (City Manager’s Office) Recommendation: To approve the recommended amendments of Chapter 64, City of Milton Zoning Ordinance as it pertains to Landscape Business Use Permit and Definition. Background: The Planning Commission began work on the existing Use Permit for Landscaping business, plant nursery or garden center with indoor retail component (Section 64-1820) in 2009 prompted in part by the increasing number of applications for landscape businesses within the City. Discussion: This proposed text amendment is a result of several meetings in 2009 and more recently where the Planning Commission deliberated on the revised use permit and definition for a landscape business. Below is the current Use Permit and Definition for a landscape business which is more comprehensive in scope as it relates to balancing the proposed use with adjacent residential and agricultural uses. Existing Definition – Sec 64-1 Definitions Landscaping business means a business whose primary operation is the sale or storage of organic or inorganic materials, plants, mulch, pine straw, or other limited related accessory products for the landscape industry or the storage or use of associated landscape vehicles. The Planning Commission amended the definition to be more descriptive in what may be included within a landscape business. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Existing Use Permit Sec. 64-1820 Landscaping business, plant nursery or garden center with indoor retail component. (a) Required districts. AG-1(Agricultural). (b) Standards. (1) No access shall be allowed from local streets. (2) No parking is permitted in the minimum front yard. (3) All use areas/structures other than parking and pedestrian walkways shall be located at least 50 feet from any adjoining residential district or AG-1 (Agricultural) district. (4) Limit hours of operation from 6:00 a.m. to 8:00 p.m. (5) The minimum buffers and landscape strips required for the O-I (Office- Institutional) zoning district as specified in article III of this zoning ordinance shall be required. (6) Structures for retail sales shall be limited to 1,000 total gross square feet. Staff notes that the proposed Use Permit does not include a plant nursery based on the fact that it is already permitted under the AG-1 (Agricultural) district and it was determined that there should be no retail component associated with a landscape business. A plant nursery is currently permitted to sell the product(s) raised on their property as dictated by the AG -1 (Agricultural) district. Alternatives: The Council may allow the ordinances to remain as they exist or make other amendments to the proposed revisions. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney 1 Text Amendment – RZ10-06 prepared for the Mayor and City Council Meeting, December 6, 2010 (First Presentation) Sec 64-1820. Landscape Business It is the purpose of the regulation to permit the filing of a Permit application, within an area zoned AG-1(Agricultural), for the operation of a Landscape Business. Such use may only be permitted where it is determined that such use will be compatible within the specific area identified within the application. Allowing such use by Permit, but not otherwise, provides an opportunity for a business owner to operate such use in property zoned AG-1(Agricultural), while creating a mechanism for review, oversight and registration of the use. The following standards place basic limitations on such use and establish criteria to aid in the evaluation of an application for a Landscape Business. It is understood that proposals for a Landscape Business will vary in scope and that based on the specific location and surrounding uses, individual properties will be suited for differing levels of operation. It is further understood that some sites will simply not be suited at all for such use. The burden shall be on the applicant to demonstrate that the proposed use is compatible with the specific site and surrounding area and in compliance with the criteria set forth in this Section. In accordance with the above purpose, a Permit for a Landscape Business in an area zoned AG-1 (Agricultural) may be issued, subject to the following requirements. 1. The scope of the Landscape Business shall be appropriate to the size of the property and its neighboring uses. 2. All sales from the property are prohibited excluding Roadside Produce Stands. 3. No individual building, used for the business operation, shall exceed 2,000 square feet, and the total square footage of all such buildings shall not exceed 5,000 square feet. The size of each building and the total size of all buildings may be reduced based on the compatibility with surrounding uses. 4. The design of any proposed building(s) shall comply with the appropriate Overlay District. 5. All use areas, storage areas, dumpsters, or structures other than parking and pedestrian walkways shall be located at least 75 feet from any adjoining residential district or AG-1 (Agricultural) district. 6. A maximum of six employee vehicles may be parked on the property at any time. Parking spaces shall be designed and placed in a manner that minimizes the impact or detraction from neighboring properties. Personal vehicles shall only be parked in approved designated locations. Vehicles and equipment used for the landscape business shall be garaged or screened. 2 Text Amendment – RZ10-06 prepared for the Mayor and City Council Meeting, December 6, 2010 (First Presentation) 7. Vendor material deliveries shall occur between the hours of 7:30 a.m. and 7:00 p.m. 8. Limit the hours of operations from 7:00 a.m. to 9:00 p.m. 9. Storage of landscape materials on the property may be permitted in limited quantities provided the materials are specifically identified on the site plan and confined. Such plan shall show the location and means of confinement of any material to be stored. Material may include bark mulch, topsoil, sand-based material, stone, brick, concrete block, peat moss, plants and timbers. Limited quantities of fertilizer and/or insecticide may also be stored, provided they are in the manufacturer’s original sealed containers and placed inside of a building and in compliance with local, state and federal regulations. 10. All landscape debris, and refuse, shall be contained in appropriate sized containers and no debris or refuse shall be stored on the ground. 11. Landscape vehicles and equipment used in the operation of the business shall be stored in specifically approved areas on the property, if it is determined that the property can accommodate such vehicles and that storage of such vehicles. All vehicles and associated equipment shall be screened from view from any adjacent street or property. 12. The on-site bulk storage of gasoline, diesel fuel, other petroleum products, fertilizers, insecticides or any other material is prohibited. 13. The proposed use shall not create traffic, noise, odors or produce light that are considered a nuisance. 14. Access shall only be allowed from arterial or collector streets. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ10-06 AN ORDINANCE TO AMEND SECTION 64-1820 OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO AMEND THE USE PERMIT FOR LANDSCAPING BUSINESS, PLANT NURSERY OR GARDEN CENTER WITH INDOOR RETAIL COMPONENT AND TO REPLACE THE CURRENT NAME WITH “LANDSCAPE BUSINESS” BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 20, 2010 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Section 64-1820, and to replace the current name with “Landscape Business”, 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 December, 2010 _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Honorable Mayor and City Council Members From: Robyn MacDonald, Community Development Department Date: November 22, 2010 for Submission onto the December 20, 2010, City Council Meeting (First Presentation December 6, 2010, Work Session December 13, 2010) Agenda Items: RZ10-06 - To amend the City of Milton Zoning Ordinance, Section 64-1820, Landscaping business, plant nursery or garden center with indoor retail component. RZ10-08 - To amend the City of Milton Zoning Ordinance, Section 64-1, Definition for Landscaping business. CMO (City Manager’s Office) Recommendation: To approve the recommended amendments of Chapter 64, City of Milton Zoning Ordinance as it pertains to Landscape Business Use Permit and Definition. Background: The Planning Commission began work on the existing Use Permit for Landscaping business, plant nursery or garden center with indoor retail component (Section 64-1820) in 2009 prompted in part by the increasing number of applications for landscape businesses within the City. Discussion: This proposed text amendment is a result of several meetings in 2009 and more recently where the Planning Commission deliberated on the revised use permit and definition for a landscape business. Below is the current Use Permit and Definition for a landscape business which is more comprehensive in scope as it relates to balancing the proposed use with adjacent residential and agricultural uses. Existing Definition – Sec 64-1 Definitions Landscaping business means a business whose primary operation is the sale or storage of organic or inorganic materials, plants, mulch, pine straw, or other limited related accessory products for the landscape industry or the storage or use of associated landscape vehicles. The Planning Commission amended the definition to be more descriptive in what may be included within a landscape business. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Existing Use Permit Sec. 64-1820 Landscaping business, plant nursery or garden center with indoor retail component. (a) Required districts. AG-1(Agricultural). (b) Standards. (1) No access shall be allowed from local streets. (2) No parking is permitted in the minimum front yard. (3) All use areas/structures other than parking and pedestrian walkways shall be located at least 50 feet from any adjoining residential district or AG-1 (Agricultural) district. (4) Limit hours of operation from 6:00 a.m. to 8:00 p.m. (5) The minimum buffers and landscape strips required for the O-I (Office- Institutional) zoning district as specified in article III of this zoning ordinance shall be required. (6) Structures for retail sales shall be limited to 1,000 total gross square feet. Staff notes that the proposed Use Permit does not include a plant nursery based on the fact that it is already permitted under the AG-1 (Agricultural) district and it was determined that there should be no retail component associated with a landscape business. A plant nursery is currently permitted to sell the product(s) raised on their property as dictated by the AG -1 (Agricultural) district. Alternatives: The Council may allow the ordinances to remain as they exist or make other amendments to the proposed revisions. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney 1 Text Amendment – RZ10-08 prepared for the Mayor and City Council Meeting, December 6, 2010 (First Presentation) Section 64-1 - Definitions Landscape business means a business that provides services in locations away from the landscape business operator’s property. While most of the actual landscape activity occurs off site, the business owner’s property may be approved for equipment storage, parking, material storage and a building or buildings for storage and plant propagation. Landscape businesses typically include activities as: lawn installation; mowing and maintenance; fertilization and/or insecticide treatment; the planting and maintenance of trees; shrubs and flowers; tree and stump removal; the spreading and grading of top soil, mulch or other ground covers; the installation of stone; brick and block walkways and stonewalls and the temporary storage of plant trimmings. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ10-08 AN ORDINANCE TO AMEND SECTION 64-1 “DEFINITIONS” OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO AMEND THE DEFINITION OF “LANDSCAPING BUSINESS” AND TO REPLACE THE CURRENT NAME WITH “LANDSCAPE BUSINESS” BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 20, 2010 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Section 64-1 “Definitions” for Landscaping Business”, and to replace the current name with “Landscape Business”, 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 December, 2010 ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Matt Marietta Date: Submitted on November 8, 2010 for Public Hearing on December 6, 2010 and for Adoption at the December 20, 2010 Council Meeting Agenda Item: A Resolution Continuing the Wired and Wireless Enhanced 911 Charge, and Establishing a Concurrent Enhanced 911 Charge on VoIP, for all such Communications within the City of Milton City Manager’s Office Recommendation Adopt the attached resolution continuing the Enhanced 911 charge on wired and wireless communications in the City of Milton and including a charge on Voice over Internet Protocol (VoIP) services. Background State law allows for each telecommunications line established within the corporate limits of the City of Milton to charge a fee to support the provision of emergency 911 services. The resolution continues that fee. Funding and Fiscal Impact This resolution provides funding to support our Enhanced 911 Service that is currently provided by an intergovernmental agreement with the City of Alpharetta. Alternatives: The City may assume the costs for 911 provision and begin to fund it out of the Maintenance and Operating budget. Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Police Chief Bob Edgar, Fire Chief RESOLUTION NO. STATE OF GEORGIA COUNTY OF FULTON RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA REGARDING “9-1-1,” WIRELESS ENHANCED “9-1-1” CHARGES AND VOICE OVER INTERNET PROTOCOL BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the 20th day of December, 2010 at 6:00 pm. as follows: WHEREAS, the Mayor and Council of the City of Milton provide Enhanced “9-1-1” services for the citizens of the City of Milton through an intergovernmental agreement with the City of Alpharetta, Georgia; WHEREAS, the Mayor and Council of City of Milton on November 21, 2006 adopted a resolution imposing “9-1-1” charges on landline and wireless telecommunications with billing addresses within the City of Milton, Georgia; WHEREAS, pursuant to the requirements of O.C.G.A. § 46-5-134, the wireless enhanced “9-1-1” system implemented in the City of Milton through its intergovernmental agreement with the City of Alpharetta, Georgia is capable of providing automatic number identification and automatic location identification of a wireless telecommunication connection, and the City of Milton is thus authorized to assess a fee not exceeding $1.50 per month per telephone service provided to the telephone subscriber pursuant to O.C.G.A. § 46-5- 134; WHEREAS, this Resolution has been adopted only after at least ten (10) days public notice and a public hearing as required by O.C.G.A. § 46-5-133(b)(1)(B); and WHEREAS, it being in the best interest of the residents of the City of Milton and those persons using the City of Milton “9-1-1” and wireless enhanced “9-1-1” systems for the “9-1-1” fees to be assessed at their maximum allowable rates in all allowable instances, the Mayor and Council desires to affirm the necessity for the “9-1-1” and the wireless enhanced “9-1-1” charges. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Milton that, in accord with O.C.G.A. §§ 46-5-133(a) and 46-5-134(a)(1)(A) and (a)(2)(B), the necessity for the “9-1-1,” the wireless enhanced “9-1-1,” and VoIP “911” charges is hereby affirmed, and the maximum allowable fee rates are set at a rate not to exceed One Dollar, Fifty Cents ($1.50) per month: 1) per telephone service subscribed to by telephone subscribers whose exchange access lines are in the areas served or which would be served by the City’s emergency 9 -1-1 service; and 2) per each wireless telecommunications connection, other than a connection for prepaid wireless service, subscribed to by telephone subscribers whose place of primary use is within the geographic area that is served by the City or that would be served by the City for the purpose of the City’s emergency 9-1-1 system. A copy of this Resolution shall be made available to each supplier providing telecommunication services, including voice over internet protocol service and any other communication, message, signal, or information delivery system capable of initiating a 9-1-1 emergency call, in the City of Milton, Georgia. RESOLVED the 20th day of December, 2010. _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 1 To: Honorable Mayor and City Council Members From: Lynn Tully, AICP, Community Development Director Date: November 22, 2010, Submitted for the December 6, 2010, City Council Regular Meeting for Unfinished Business. Agenda Item: Text Amendment to Chapter 54, Telecommunications of the City of Milton Code of Ordinances, Sections 54-4.(3), 54-7.(b), 54-11, and 54-21.(1) CMO (City Manager’s Office) Recommendation: The Mayor and City Council to hear and approve the attached text amendment, Chapter 54, Telecommunications of the City of Milton Code of Ordinances Sections 54-4.(3), 54-7.(b), 54-11, and 54-21.(1). Background: After reviewing the recently adopted ordinance for implementation and upon receipt of a few applications in compliance with the ordinance staff noted some minor errors in citation in the original ordinance. Those erroneous citations have been amended to reflect the correct numbering in the codified version of the ordinance. Discussion: Please note that all changes are shown in red, with deletions stricken and additions underlined. The ordinance has been reviewed by Community Development Staff and the City Attorney’s office. Attached is the proposed ordinance as recommended by all bodies. Alternatives: The Mayor and City Council may choose to approve, deny or defer the Text Amendment to Chapter 54, Telecommunications of the City of Milton Code of Ordinances Sections 54-4.(3), 54-7.(b), 54-11, and 54-21.(1). Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney [Memo Cell Tower Ord.Chap 54.061010] AMEND CHAPTER 54: AN ORDINANCE REGULATING THE LOCATION, PLACEMENT AND LEASING OF WIRELESS TELECOMMUNICATIONS FACILITIES, SECTIONS 54-4.(3), 54-7.(b), 54-11, AND 54-21.(1) Sec. 54-4. - Applicability. All new wireless towers and antennas shall be subject to the regulations contained within this chapter except as provided in subsections (1)—(3), inclusive: (1) Public property. Towers or antennas on public property approved by the city council. (2) Amateur radio; receive-only antennas. This chapter shall not govern any amateur radio tower, or the installation of any antenna, that is under 60 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas. (3) Pre-existing towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this chapter shall not be required to meet the provisions of this chapter, other than the requirements of section 54-7-8. Any such towers or antennae shall be referred to in this chapter as "preexisting towers" or "preexisting antennae." However, in the event a preexisting tower or antennae ceases to function, then the subject tower, antennae and related equipment shall be removed from the subject property within 90 days. Sec. 54-7. - Approval process. (b) If the proposed tower or antenna is not included under the above-described expedited approval uses, or the application does not on its face satisfy the development standards and other criteria specified herein, then a public hearing before the mayor and council and planning commission shall be required for the approval of the construction of a telecommunications facility in all zoning districts. Applicants shall apply for two public hearings, one before the planning commission and the mayor and city council through the community development department and pay the fee for such review in accordance with the fee schedule published by the city. The applications shall also go before the city design review board for its review prior to the planning commission meeting. Applications, when complete, shall be placed on the next available agenda of the planning commission and mayor and council at which zoning matters are considered. At least 30 days prior to any scheduled hearing, the community development department shall cause a sign to be posted on the property and the publication of a public notice in a newspaper of general circulation. Said notice shall state the nature of the application, street location of the proposal and height of the proposed structure as well as the time, date and location of each hearing. The community [2- ORD page 2 and 3 Minor Revisions telecom] 2 development department shall also give similar notice by regular mail to all property owners and/or current residents within 500 feet of the boundaries of the subject property with a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system. The notices shall be mailed a minimum of 14 days prior to the first scheduled hearing. Re-notification by mail is required when a petition is recommended for deferral by the planning commission for any amount of time or is deferred by the mayor and city council. Before approving an application, the governing authority may impose conditions to the extent necessary to buffer or otherwise minimize any adverse effect of the proposed tower on adjoining properties. The factors considered in granting such a permit include those enumerated in sections 54-4 5 and 54-5 6 above. The mayor and council may waive one or more of these criteria, if, in their discretion doing so will advance the goals of this chapter as stated in section 54-2 1 above. If the city council determines that any application does not meet the general application requirements, development requirements and/or standards enumerated herein, or such application conflicts with the existing tower map, approval of the application shall be denied provided substantial evidence exists to support such denial. Any aggrieved party may appeal the denial to a court of competent jurisdiction. For purposes of this section, an aggrieved party is one who demonstrates that his or her property will suffer special damage as a result of the decision complained of rather than merely some damage that is common to all property owners and citizens similarly situated. Approved applications shall expire one year from the date of the approval by the mayor and council unless the property owner makes substantial progress toward the completion of on-site construction depicted on the site plan. Substantial progress shall have been demonstrated when, within one year of the date of the issuance of the telecommunications facility permit, the director of community development department determines that continuous, observable progress is being made to completion according to an approved construction schedule. Sec. 54-11. - Lease application. Any person that desires to solicit the city's approval of a facilities lease pursuant to this chapter shall file a lease proposal with the city's community development department which, in addition to the information required by section 54-45, shall include the following: Sec. 54-21. - Renewal application. A lessee that desires to exercise a renewal option in its facilities lease under this chapter shall, not more than 180 days nor less than 120 days before expiration of the current facilities lease term, file an application with the city for renewal of its facilities lease which shall include the following: (1) The information required pursuant to section 54-12 11 of this chapter; STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 54, TELECOMMUNICATIONS, OF THE MILTON CITY CODE SECTIONS 54-4.(3), 54-7.(b), 54-11, AND 54-21.(1) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 6, 2010 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relating to Amending Chapter 54 Sections 54-4.(3), 54- 7.(B), 54-11, and 54-21.(1), of the Milton City Code, as it relates to Telecommunications, 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 6th day of December, 2010. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 1 To: Honorable Mayor and City Council Members From: Lynn Tully, AICP, Community Development Director Date: November 22, 2010, Submitted for the December 6, 2010, City Council Regular Meeting for Unfinished Business. Agenda Item: Text Amendment to replace in its entirety Appendix A, Fees and Other Charges of the City of Milton Code of Ordinances CMO (City Manager’s Office) Recommendation: The Mayor and City Council to hear and approve the attached text amendment, Appendix A, Fees and Other Charges of the City of Milton Code of Ordinances replacing the existing text in its entirety. Background: Recently the finance department had a very competent summer intern who, in her diligence noted that many fees were missing from our adopted fee schedule. Coupled with several recent changes to the codes that reference new fees for items such as, taxicab permits and cell tower applications, staff felt that it was time to revisit the fee schedule. Discussion: Our intern scoured the ordinances and codes and listed all she could find over the summer. Some new fees have been included in the latest ordinance adoptions and further need to be codified. Several departments contributed to completing this document and the majority of the fees remain unchanged from current practices. Please note that there are a few new fees that are the result of new ordinances and/or prudent practices adopted from the surrounding area. Any new fees proposed are highlighted in red and any fees highlighted in yellow include a difference from current practice that would need to be addressed by ordinance change to the code. I would be happy to answer any questions regarding the proposed fee schedule. The ordinance has been reviewed in by City Staff and is in review with the City Attorney’s office. Attached is the proposed ordinance as recommended by all bodies. Alternatives: The Mayor and City Council may choose to approve, deny or defer the Text Amendment to replace in its entirety Appendix A, Fees and Other Charges, of the City of Milton Code of Ordinances. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 2 Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney [Memo Fee Schedule Ord.Appendix A.102010] STATE OF GEORGIA COUTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND APPENDIX A, FEES AND OTHER CHARGES, OF THE MILTON CITY CODE BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 6, 2010 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relating to Amending Appendix A, of the Milton City Code, as it relates to Fees and Other Charges, is hereby adopted and approved, replacing existing Appendix A in its entirety; 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 6th day of December, 2010. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) Section Description Amount(in dollars) 2-702 (c) Public Records Copying 25 cents/page 35 cents/page 50 cents/page 70 cents/page 2-702 (d)Copies of Plats $ 9.10/page $ 3.60/page $ 5.00/page 2-702 (d)Copies of CD $ 15.00 /each 4-26 (a)(1)Investigation and Administration $ 100 / each + $35 / person 4-26 (a)(1)Advertising Fee $200 /each 4-26 (a)(3)License Fee $650/year $650/year S1300/year $3200/year $4500/year $1000/year $400/year $400/year $800/year $3000/year $3800/year 4-26 (b)Prorated License Fee (one-half of full License fee after July 1) $325/year $325/year $650/year $1600/year $2250/year $500/year $200/year $200/year $400/year $1500/year $1900/year 4-26 (c) Late Fee 10% of delinquent balance Late Interest Fee 1% of delinquent balance each month 4-99 (h)License Transfer Fee to Transfer of Location Recommendation: charge $300 administrative fees to cover cost of advertising, review/approval of survey, and processing of application. 4-101 (a)License Renewal $ 100 application fee + $35/person + appropriate license fee (consumption on premises/package, etc) Package Additional Bar Wine, Malt Beverages and Distilled Spirits Distilled Spirits 11×17 Inches Color 11×17 Inches Black and White 8(1/2)×11 Inches Color Package Additional Bar Wine, Malt Beverages and Distilled Spirits Distilled Spirits Wine and Malt Beverages Malt Beverages Wine Consumption on Premises 24×34 Inches Wine and Malt Beverages Wine 24×30 Inches 48×32 Inches Conditions Chapter 2--Administration Chapter 4--Alcoholic Beverages should a licensee make application to the city manager for a transfer of location and should such a transfer of a location be approved, with no change of ownership of the business Consumption on Premises Wine, Malt Beverages and Distilled Spirits Distilled Spirits Wine, Malt Beverages and Distilled Spirits Distilled Spirits Wine and Malt Beverages Malt Beverages Wine Wine Wine and Malt Beverages Malt Beverages 8(1/2)×11 Inches Black and White Malt Beverages 4-101 (c) License Renewal Late Fee 10% of delinquent balance License Renewal Late Interest Fee 1% of delinquent balance each month 4-167 (c) Temporary License Fee Recommendation: $100 (similar to temp. pouring permit) 4-168 (a)Temporary Special Event License (Pouring Permit)$100.00 4-256 (f)(5)/4-536 (3)Managers and Employee Pouring Permit $20 background check + $15 admin fee 4-277 (j)Ancillary Wine Tasting License $50.00 annual permit fee 4-317 (2)Private Club License See Section 4-26 4-339 (c) Hotel-motel in-room Service Alcohol License See Sections 4-437 and 4-457 4-359 (a)Wholesaler License fee $400/year $400/year $800/year $3,000/year $3,800/year $100/year $100/year $100/year $100/year $100/year 4-417 Excise Tax on all Beer and Malt Beverages produced by a brewpub Recommendation: 5 cent(s) per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces 4-417 Penalty for late excise tax payment on beer and malt beverages produced by brewpub not to exceed 10% of the tax otherwise due 4-437 Excise Tax on Package Sales of Distilled Spirits and Wine not exceed 22 cent(s) per liter of distilled spirits, and a proportionate tax at the same rate on all fractional parts of a liter 4-457 Excise Tax on Package Sales of Malt Beverages $6.00 on each container sold containing not more than 15 1/2 gallons and a proportionate tax at the same rate on all fractional parts of 15 1/2 gallons 5 cent(s) per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces 4-477 Excise Tax on Sales of Distilled Spirits by the Drink not exceed 3% of the charge to the public for the beverages 4-497 (b)Interest on Deficiency of Wholesale and Retail Tax 1% per month on the determined deficiency, or fraction thereof Distilled Spirits Wine and Malt Beverages Malt Beverages Wine Malt Beverages Wine and Malt Beverages Distilled Spirits Wine, Malt Beverages and Distilled Spirits For the private clubs who sell and dispense alcoholic A Temporary pouring permit may be issued to any person for a period not to exceed 10 days in any one year for an approved special event When Malt beverages are sold in or from a barrel or bulk container When Malt beverages are sold in bottles, cans, or other containers other than barrel or bulk containers Located Outside of the City limits Wine, Malt Beverages and Distilled Spirits Wine Located Within the City Limits Container types 4-497 (c) Penalty for Deficiency 25% of the deficiency 4-498 (b)Penalty for Failure to File a Return 25% of the amount required to be paid by the party 4-499 (a)Interest for Failure to Pay Tax 1% per month on the Outstanding Tax Obligation 4-499 (b)Penalty for Failure to pay Tax 15% of the Tax, or amount of the Tax and Interest 4-534 (6) a Penalty for sales to underage persons A Minimum Fine of $250.00 4-534 (6) b Penalty for sales to underage persons A Minimum Fine of $500.00 4-536 (9)Replacement Pouring Permit If within 30 days of original application, then fee is $7.50. If after 30 days of original application, then fee is $15.00 4-536 (14)Fees for Violation not to exceed the amount stated in state law 8-2 (a)Penalty A Fine up to the Maximum Amount provided for by the State Law 8-2 (b)Penalty no less than $150.00 for a second conviction, and no less than $300.00 for a third conviction 8-2 (c) Penalty no less than $500.00 for a second conviction, and no less than $750.00 for a third conviction 8-2 (d)Penalty no less than $1,000.00 8-2 (e)Penalty no less than $5,000.00 8-7 (b)Dog/Cat Vaccination/License Tag Types of License Number of Years Standard Licensing Fees 1 year $25.00 3 year $60.00 1 year $10.00 3 year $25.00 Senior Discount (60+) 1 year $24.00 3 year $58.00 1 year $9.00 3 year $23.00 If any person convicted of any violation of regulations concerning managers and employees If any person violates the provisions of animals If any person violates the provisions as it pertains to a potential dangerous dog If any person violates the provisions as it pertains to a dangerous dog If the owners of a dangerous or potentially dangerous dog fails to comply with related provision and his or her dog attacks or bites a human Chapter 8 -- Animals Unaltered Pet Spayed/Neutered Pet Unaltered Pet Spayed/Neutered Pet If the owners of a dangerous or potentially dangerous dog knowingly and willfully fails to comply with related provision and his or her dog attacks and causes severe injury to or the death of a human Any party who fails to pay the tax herein imposed by the city, or fails to file any required tax return to the city, within the time required For the first offense For the second offense and subsequent violations within one year For any Deficiency which is determined to be made due to fraud, or an intent to evade any provisions of this article If the failure of any person to file a return is due to fraud or an intent to evade this article 8-7 (d)Dog/Cat Replacement Vaccination/License Tag $2.00 8-8 (b)Special Permit (Kennels)$100.00/year 8-61 (d)Dangerous/Potentially Dangerous Dog Registration $100.00/year 8-61 (e)Additional Fees for Renewing Certificate of Registration $100.00/year 8-82 (e)(1)Impoundment (Vaccination)As established by Fulton County Animal Control 8-82 (e)(2)Impoundment (License)As established by Fulton County Animal Control 8-82 (e)(3)Impoundment Fee $35 8-82 (e)(4)Impoundment (Boarding)$10.00/day 10--2 Penalty Varies 10-86 (d)Building Permit Application $25 Administrative Fee + $50 Certificate of Occupancy 10-92 (b)Penalty for Work Commencing before Permit Issuance 100% of the usual permit fee in addition to the required permit fees 10-92 (d)Permit Fee Value calculation is based on ICC Building Valuation Data Published Annually as a minimum standard valuation $23.50 $23.50 for the first $500 plus $3.50 for each additional $100, or fraction thereof, to and including $2,000 $69.25 for the first $2,000 plus $14.00 for each additional $1,000, or fraction thereof, to and including $25,000 $391.75 for the first $25,000 plus $10.10 for each additional $1,000, or fraction thereof, to and including $50,000 $643.75 for the first $50,000 plus $7.00 for each additional $1,000, or fraction thereof, to and including $100,000 $993.75 for the first $100,000 plus $5.60 for each additional $1,000, or fraction thereof, to and including $500,000 $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000, or fraction thereof, to and including $1,000,000 $5,608.75 for the first $1,000,000 plus $3.65 for each additional $1,000, or fraction thereof $2,001 to $25,000 $501 to $2,000 $1,000,001 and up $500,001 to $1,000,000 $100,001 to $500,000 Permit Fees Based on Valuations $50,001 to $100,000 $25,001 to $50,000 Chapter 10 -- Buildings and Buildings Regulation If any person violates a related provision, or fail to comply therewith, or with any of the requirements thereof $1 to $500 Total Valuation Chapter 10 Commercial Construction Permit Fees Includes all listed fees unless otherwise noted $350 site $25 admin $50 CO Permit Fee Plan Review (50% of Permit Fee amount) $125 Fire Review (up to 5000 sq ft) $25 admin $50 CO Permit Fee Plan Review (50% of Permit Fee amount) $125 Fire Review (up to 5000 sq ft) $100 site $25 admin Permit Fee $350 site $25 admin Permit Fee Residential Construction Permit Fees $350 site $25 admin $50 CO Permit Fee $100 Plan Review (up to 5000 sq ft) $200 Plan Review (5001 to 10,000 sq ft) $350 Plan Review (10,001 sq ft and up) $25 Admin Permit Fee $100 Plan Review (up to 5000 sq ft) $200 Plan Review (5001 to 10,000 sq ft) $350 Plan Review (10,001 sq ft and up) $350 Site fee (house addition that extends out from original house frame) $350 site $25 admin Permit fee $350 site $25 admin Permit Fee $25 admin Permit Fee $25 admin $50 Permit Fee Flat fee total of $75 Tenant Finish, Interior Work on Commercial Property Construction of Sales Trailer Cell Tower or Co-Locate New House/Townhouse for the Ground Up Basement Finish, Bathroom or Kitchen Remodel, House Addition Deck Addition, Pool House, Garage, Screened Porch Pool Electrical Permit Plumbing Permit Mechanical Permit For Commercial Also Roof, Replacement Window, Replace Shingles, etc New Commercial building from the ground up, New Shell Commercial structures include schools, hospitals, subdivision clubhouses etc Type of Permit $100 site $25 admin Permit Fee $100 site $25 admin Permit Fee $25 admin $100 Permit Fee Other Fees Types of Permit Condition Re-Inspection Fire re-inspection $50 per re-inspection $100 per re-inspection Temporary Certificate of Occupancy Only Valid for up to 60 days $200 Flat Fee Reinstatement of expired permit 90% Complete If permitted work is substantially complete as evidenced by inspection records showing passed framing and meets inspections as applicable to scope of work permitted $100 plus any re-inspection fees Reinstatement of expired permit Less than 90% complete If the permitted work is not substantially complete as evidenced by inspection records Renewal fee is one half (50%) of the permit fee assessed at original building permit issue, but not less than $200.00 Reinstatement of expired permit Not executed No work has been performed as evidence by inspection records Reinstatement amount is full permit fee 12-23 (a)Occupation Tax for Business and Practitioner Based on the Gross Receipts 12-23 (b)(1)Flat Rate Fee for Home-Based Businesses $100.00 /year 12-23 (b)(2)Occupation Tax for Business $150.00 plus $7.00 per employees 12-23 (b)(4)Nonrefundable Administrative Fee (registration Processing)$75/year 12-30 (a) Flat Rate Fee or Professional Occupation Tax for Professional Practitioners may elect to pay a flat fee of $400.00 (Administrative Fee included); or may elect to pay occupation tax based on Gross Receipts plus Administrative Fee of $75.00 For Home-based Businesses (limit of one employee) For Business and Practitioner subject to the provision Shed, Out Building Fence Demolition of Single Family House Demo of other Structures including Commercial For Professional Practitioners For Businesses not generating gross Receipts at the business location in the city Chapter 12 -- Business Regulation and Taxation 12-32 (a) Penalty for Late Payment of Occupation Tax and Administrative Fees 10% of the Amount Owned for each Calendar year or Portion thereof 12-32 (b) Interest for Late Payment of Occupation Tax and Administrative Fees 1.5% per month for Delinquent Taxes and Fees 12-56 Insurers License Fees $75.00 each Insurer, plus an additional $75.00 per location for insurers not covered by 12-57 12-57 Insurers License Fees $75.00 each Insurer, plus an additional $26.25 per location 12-58 Gross Premiums Tax Imposed on Life Insurers 1% of the gross direct premiums received during the preceding calendar year 12-59 Gross Premiums Tax Imposed on all other Life Insurers 2.5% of the gross direct premium received during the preceding calendar year 12-81 Annual Business License Tax one-quarter (.25)% of the gross receipts, and the minimum amount shall be $1,000.00 12-108 Professional Bondsman Administrative Fees $75/year 16-27 Notice of Candidacy for Municipal Office 3% of Total Salary of Office Sought 18-48 Monthly Charge for Emergency Telephone Service $1.50 per telephone line and $1.50 per wireless subscriber 18-69 (1)Penalty for False Alarm For the 2nd and any subsequent false alarm in a 12 month period a fine is assessed at $150.00 each; no monitored alarm user shall be assessed fines in excess of $600.00 for false alarms that occur at the same premises in any 24-hour period 18-69 (2)Penalty for Violation other than False Alarm $100.00 /each 18-90 (a)(5)Monitored Alarm System Registration $25/each For the third and each subsequent false alarm that occurs at the same premises within any 12-month period for Financial Institutions 1.Failure to pay occupation taxes and administrative fees when due; 2. Failure to file an application by March 31 of any calendar year, when the business or practitioner was in operation the preceding calendar year; and 3. Failure to register and obtain an occupation tax certificate within 90 days of the commencement of business For each insurer not covered by 12--57 for each insurer writing life, accident and sickness insurance within the state Chapter 18 -- Emergency Management Services Chapter 14 -- Courts Chapter 16 -- Elections For each separate business location operated and maintained by a business organization which is engaged in the business of lending money or transacting sales involving term financing and in connection with such loans or sales offers, solicits or takes application for insurance through a licensed agent of an insurer for insurance said insurer 20-264 (c) (4) Civil Penalties for Violation subject to Equitable Relief; Nuisance and Abatement may impose a penalty not to exceed $1,000.00 per day for each day the violation remains unremedied after receipt of the notice of violation 20-47 (c)(5) Criminal Penalties for Violation Related to Equitable Relief; Nuisance and Abatement $1,000.00 per day 20-289 Stormwater Management Application Review Up to 3 reviews - subsequent revision reviews will require 50% of the original fee, a minimum of $350 $350 + $5/lot $350 + $5/disturbed acre $350 + $20/lot $350 + $20/disturbed acre 20-540 Project Site Reinspection Fee $50.00 minimum 20-543 (a)Monetary Penalties(violation)not to exceed $2,500.00 per day for each violation 20-543 (b)(1)Minimum Penalties $250.00 for each violation or each day on which a violation exists 20-543 (b)(2)Minimum Penalties $1,000.00 for each violation or each day on which a violation exists 20-543 (b)(3)Minimum Penalties $250.00 per violation 20-543 (b)(4)Minimum Penalties $500.00 20-543 (b)(5)Minimum Penalties $1,500.00 20-591 (e)Land-Disturbance -- Local Permit Application Fee, per acre Value calculation is based on Calculation of Inspections per the Land Development Valuation Table Below $300.00 $300 for the first $500 plus $150 for each additional $1000, or fraction thereof, to and including $20,000 $2,250 for the first $20,000 plus $100.00 for each additional $1,000, or fraction thereof, to and including $100,000 Residential Concept Plans Commercial Concept Plans Residential Development Plans Commercial Development Plans Permit Fees Based on Valuations Conducting land disturbance activities without a land disturbance permit or building permit (first offense) Total Valuation $1 to $5000 $5001 to $20,000 $20,001 to $100,000 Conducting land disturbance activities without a land disturbance permit or building permit (second or subsequent offense) Lack of proper installation or maintenance of structural/vegetative best management practices Working under a stop work order (first offense) Working under a stop work order (second or subsequent offense) Chapter 20 -- Environment Plan Review Fees $10,550 for the first $100,000 plus $50 for each additional $1,000, or fraction thereof, to and including $250,000 $18,050 for the first $250,000 plus $25 for each additional $1,000, or fraction thereof, to and including $500,000 $24,300 for the first $500,000 plus $15 for each additional $1,000, or fraction thereof, to and including $1,000,000 $31,800 for the first $1,000,000 plus $10 for each additional $1,000, or fraction thereof Land Development Valuation Table Based on Inspections Road Vert & Section Curb and Gutter Base and Paving Commercial Driveway Storm Drainage Wastewater Water Main Sidewalk Residential Fee $200/lot Commercial/Other Fee $700/ disturbed acre $350/disturbed acre x 3% Administrative Fee $25 $1050/monument $60 20-591 (f)Land-Disturbance -- State Permit, Additional per acre Fee $80.00 per disturbed acre 20-658 Civil Penalty for Violation Related to Noise Control may impose a penalty not to exceed $1,000.00 per day for each day the violation remains unremedied after receipt of the notice of violation $16/ln.ft. $6.50/ln.ft. $25/ln.ft. $0.75/sq.ft. $20/ln.ft. GIS Monument Fee (as required) $100,001 to $250,000 $250,001 to $500,000 $500,001 to $1,000,000 $1,000,001 and up $22/ln.ft. $16/ln.ft. $5/sq.ft. Erosion Control Fee Other Applicable Fees Overnight delivery or Courier Fee (as required) Landscape Installation Inspection 20-658 Civil Penalty for Violation Related to Noise Control may impose a penalty not to exceed $1,000.00 per day for each day the violation remains unremedied after receipt of the notice of violation 22-50 Plan Review Fees Structural Plan Review $125.00 $0.25 per sq.ft. Site Development Plan Review $100.00 Sprinkler only Plan Review $100.00 Fire Alarm only Plan Review $75.00 Commercial hood only Plan review $50.00 22-50 Inspection Fees 80% Inspection $100.00 Final Inspection $100.00 Occupancy Inspection $100.00 Miscellaneous/Other Final Inspection $100.00 Re-inspection Fee $100.00 After Hours Inspection $150.00 22-90 (f) Penalties of Violation subject to Locked gates for Commercial, Residential and other Locations not exceed $1,000.00 22-91 (f)Penalties of Violation subject to Locked gates for certain Buildings not exceed $1,000.00 22-115 (a)Penalties of Violation of Placing "Fire Lane" Signs $150.00 for each violation (however, the fine will be waived if the required specifications are made within 14 days from the date of the citation 22-115 (b)Penalties of Violation of Placing "Fire Lane" Signs $150.00 for each violation and an additional $10.00 fine for each violation for each day that the owner fails to comply with the provisions 22-116 (b)(1)Penalties of Violation of parking in a fire lane $25.00 for the first violation within any 30-day period; $40.00 for the second violation within any 30-day period; $50.00 for each violation thereafter occurring within any 30-day period 32-109 Moving Household Goods at night permit TBD 32-135 (g)Penalties of Violation for Person under 21 years of Age Varies 32-179 (b)(1)Penalties for Nuisances a minimum of $100.00 More than 5,000 sq. ft. 5,000 sq. ft. or Less The first Violation Chapter 22 -- Fire Prevention and Protection If that private or public property owner fails ore refuses to meet said requirements on his or her property within such 14 days he or she shall, on the 15th day after receiving the citation, be subject to the fine Chapter 32 -- Offenses and Miscellaneous Provisions Chapter 28 -- Law Enforcement 32-179 (b)(2)Penalties for Nuisances a minimum of $500.00 32-179 (b)(3)Penalties for Nuisances a minimum of $1,000.00 36-40 Application Fee $75.00 Administrative Fees + $100.00 Permit Fees + $20.00 Background Check 46-3 Collection Fee for the disposal and collection of waste TBD 46-70 (a)Infrastructure Maintenance Fee 5% of the company's Gross Receipts to Customers within the City 48-259 Traffic Calming Plan Fee $500 per plan 48-466 (e)Sign Replacement Fee $250.00 per Sign 48-466 (f)Sign performance bond $100 value per sign 48-560 (c) Penalties for Violation of Restoration of Lanes $1,000.00 per instance and location 48-561 (b)(4)Penalties for Violation of Removal $1,000.00 per day per location 48-584 (c) Penalties of Obstruction of Right-of- way (Personal Property) 125% of the cost the city incurs in removing the property plus a fine of $1,000.00 48-584 (d)Penalties of Obstruction of Right-of- way (Illegal Dumping) 125% of the cost the city incurs in removing the property plus a fine of $1,000.00 48-585 (b)(1) Penalties of Location within the right- of-way (New Unpermitted Installations) 100% of the cost the city incurs in removing the property plus a fine of one-half the cost of the largest permit fee for the site 48-585 (b)(2)Penalties of Location within the right- of-way (Existing Installations)No Fines 48-585 (b)(3)Penalties of Location within the right- of-way (Temporary Items) 125% of the cost the city incurs in removing the property plus a fine of $500.00 48-587 (a)Penalties of Violation for Agricultural Uses $100.00 per incident 48-587 (b)(2)Penalties of Violation of Agricultural Equipment Uses $100.00 fine per incident, plus the cost of repairs to the road, and plus the cost of certified traffic control by the person who caused the damages 50-2 (a)Penalties of Violation no less than $1,000.00 and not to exceed $2,500.00 Chapter 50 -- Subdivisions Chapter 38 -- Personnel The second Violation of the same provision ** This fee is for a Business Solicitation Permit - there is no charge for a Charity/Non-Profit Solicitation Permit The third or repeat Violation of the same Provision Chapter 34 -- Parks, Recreation and Cultural Affairs Chapter 36 -- Peddlers and Solicitors Chapter 42 -- Secondhand Goods Chapter 46 -- Solid Waste Chapter 48 -- Streets, Sidewalks and Other public Places 50-208 Plat Application $25.00 Administrative Fee + $350.00 Review Fee + $5.00 /Lot 50-209 Fees for required Inspection, Water and Sewer Connection, Curb Cut, and Street Sign see Sections 48-466, 20-591 and 22-50 50-210 Bond Fee $250 Legal processing and $50 Administrative Fee 52-19 (b)Ad Valorem Taxes on Property $4.731 on 40 percent of each $1,000.00 of property 52-22 (b)Penalties and Interest for the Delinquent of the ad valorem taxes An interest rate of 1% per month (minimum $1.00) from the date the taxes are due until the date the taxes are paid. Any period less than one month is considered to be one month. A penalty of 10% is applied after 90 days past due. The penalty shall not apply to the following: (1) Ad valorem taxes of $500 or less on homesteaded property; (2) Homesteaded property acquired during the tax year by a new owner who did not receive a bill and who before acquiring such property resided outside the State of GA and if taxes are paid within one year following the due date. 52-46 Penalty for Delinquent Payment Penalties of 10% of amount of taxes due to the city, plus 1% interest per month on the unpaid tax 52-47 Hotel and Motel Excise Tax 3% of the rent for every occupancy of a guestroom in a hotel in the City 52-94 (a)(1)Rental Motor Vehicle Excise Tax 3% of the Rental Charge. If paid on or before the 20th day of the preceding calendar month, the tax payer may retain a credit in the amount of 3% of the tax due. 52-116 Penalties and Interest for Failure to Remit Taxes A penalty of 5% of the tax then due, plus 1% interest per month thereon the unpaid principal amount due 52-118 (b)Interest on the Deficiency Determined 1% per month or fraction thereof from the due date of the taxes 54-5 (d)Application Fee $2000 plus the actual consulting cost up to $7500 54-8 (c)Telecommunications Operating License $1000 per tower and $1000 per antenna array 54-11 (d)Lease Application Fee $250 Legal processing and $50 Administrative Fee 54-19 (a)Lease Compensation As negotiated by the City Manager or designee and approved by City Council Chapter 52 -- Taxation For Property subject to the ad valorem tax For Hotel and Motel Tax For Hotel and Motel Rent For Property subject to the ad valorem tax For Motor Vehicle Rented For Rental Motor Vehicle Excise Tax For Excise Tax Chapter 54 --Telecommunications 54-19 (a)Late Lease Payments 2% of the annual rental fee for each day or portion thereof beyond the due date 56-70 (b) Charges and Penalties for Violation of provision subject to Vehicle Weights and Loads $0.05 per pound for all excess weight, except for vehicles permitted to exceed the weight limitation, or are permitted under a "superload" or "superload plus" permit wherein the penalty would be $6.25 per pound for excess weight 58-39 (2)Penalty for Violation of Water Uses not exceed $1,000.00 58-129 (a)Civil Penalty for Violation of Water Uses not exceed $1,000.00 for each day the violation remains unremedied after receipt of the notice of violation 58-129 (b)Criminal Penalties for Violation of Water Uses not exceed $1,000.00 60-20 (a)Penalties for Violation not exceed $1,000.00 per violation per day 60-50 (b)(2)Tree Protection Signs $5 per sign 60-48 Penalty for Violation of Specimen Trees The Unit Value of the specimen tree is doubled and that becomes the unit value that must be compensated for 62-24 (a)License Fee $50 Annual Taxicab Permit, $50 each Annual Driver's Permit, $50 Annual Certificate of Public Necessity 64-360 (2)c Inclusionary housing (in-lieu Fees)TBD 64-366 Administration of Inclusionary Housing TBD 64-1890 (c)(1)Application Fee for a Concurrent Variance $250.00 plus $50 for each additional concurrent variance requested on the same piece of property $350.00 plus $100 for each additional concurrent variance requested on the same piece of property $350.00 plus $100 for each additional request 64-1938 Appeal Application $250 Plus $50 for each additional variance Request on the same Piece of Property $350 plus $100 for each additional Variance Request Chapter 64 -- Zoning All tree protection fences must be accompanied by "Stay Out" and "Tree Save" signage, which may be purchased from Community Development for a fee All Signs Residential Districts: R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, NUP, CUP, MHP Chapter 58 - Utilities Chapter 60 - Vegetation Second and Subsequent Violations If a specimen trees are removed or have their root protection zones disturbed without permission Multi-family Districts, Non-Residential Districts, and Commercial uses in Residential or AG-1 Districts Single-Family Residential Zoning Districts and AG-1 District for Residential uses only Chapter 62 -- Vehicles for Hire License fees are levied per annum for each taxicab maintained or operated, and per annum for each driver's permit, and for Certificate of Public Necessity Chapter 56 -- Traffic and Vehicles Ag-1, R-6, TR, A, A-1, O-I, C-1, C-2, M-1A, M-1, M-2, MIX and Nonresidential Uses in Residential Districts listed above $350 plus $100 for each additional Variance Request 64-2175 Rezoning Petition To Acreage 0 to 5 $500 5+ to 10 $1,000 10+ to 20 $1,500 20+ to 100 $2,000 100+$2,500 plus an additional $40 per acre for any portion thereof over 100 acres. Maximum fee = $10,000 0 to 5 $750 5+ to 10 $1,500 10+ to 20 $2,000 20+ to 100 $2,500 100+$3,000 plus an additional $50 per acre for any portion thereof over 100 acres. Maximum fee = $10,000 CUP, NUP, MHP Any Acreage $2,000 plus $50 per acre or any portion thereof. Maximum fee = $10,000 MIX Any Acreage $1,000 plus $50 per acre or any portion thereof. Maximum fee = $10,000 64-2221 (b)Penalties for Violation $1,000.00 64-2296 (f)Penalties for Violation of Signs not exceed $1,000.00 per day Where a determination is made that property is in violation of zoning ordinance, and any other codes and laws enforced by the community development department, and all reasonable efforts and means to obtain compliance have been exhausted AG-1, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R-5A All Signs R-6, TR, A, A-I, O-I, C-1, C- 2, M-1A, M-1, M-2 City of Milton 13000 Deerfield Parkway Suite 107C Milton, GA 30004 To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, City Planner Date: November 23, 2010 for Submission onto the December 6, 2010, City Council Regular Meeting Agenda Item: Resolution Requesting the Transmittal of an Application for FY 2011 Livable Centers Initiative (LCI) Study Grant in the Amount not to Exceed One Hundred, Twenty Thousand Dollars ($120,000) in Order to Conduct an LCI Study of the Area Along Hwy 9 to the Atlanta Regional Commission (ARC) CMO (City Manager’s Office) Recommendation: To approve the attached resolution to transmit to the Atlanta Regional Commission the FY 2011 Livable Centers Initiative Study for Highway 9 for consideration. Background: The Atlanta Regional Commission (ARC) Board adopted policies in the Regional Transportation Plan (RTP) proposal in May 1999 to provide funding for investment studies and transportation projects located in activity and town centers in the region. This program of studies and projects is known as the Livable Centers Initiative (LCI). The focus of the program is to encourage increased residential development, mixed-uses and connectivity in activity and town centers. Due to the success of the initial program, the ARC Board authorized the extension of the LCI program as part of the 2030 RTP, with an added focus on corridors and emerging centers, as well as, town centers and activity centers. Discussion: This resolution initiates the process of transmitting the Highway 9 application to the Atlanta Regional Commission for review and consideration. The vision is for Highway 9 to become a mixed-use area that is the spine for the Windward Parkway and Deerfield area with an interconnected multi-modal transportation network throughout. The intention is to balance economic development while maintaining a human scale walkable environment. The area around the Hwy 9 Corridor has seen increased commercial and residential development since the late 1990’s. Its proximity to GA 400 and a MARTA Park and Ride facility has contributed to this increased development. However, the corridor lacks a defined vision for future development. In an effort to instill some guidelines for the look of development, the Highway 9 overlay district was created in 1999 and later amended in 2003 and 2004. However, an overlay does not address the current issues with traffic congestion, inappropriate land uses and areas where intersection and sidewalk improvements are long overdue. City of Milton 13000 Deerfield Parkway Suite 107C Milton, GA 30004 An LCI designation will address these issues and allow for the incorporation of the livable centers principles, and guidelines for sustainability. Staff has prepared an application seeking LCI designation as a “Corridor Study” and offers a maximum fund amount of $120,000. Corridors are defined as roadways that are functionally classified as a major collector or higher. The corridor study focuses on urban scale development, mixed-uses, walkability and multi- modal transportation choices. The emphasis is on creating livable environments as well as efficient vehicular movement and more efficient utilization of existing infrastructure. In the southern portion of Hwy 9, the corridor runs through both Milton and Alpharetta, and in order to maximize the benefit of the grant funding, staff has invited the City of Alpharetta to participate in the application to request for funds. Concurrent Review: Chris Lagerbloom, City Manager STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. RESOLUTION REQUESTING THE TRANSMITTAL OF AN APPLICATION FOR FY 2011 LIVABLE CENTERS INTITIATIVE (LCI) STUDY GRANT IN THE AMOUNT NOT TO EXCEED ONE HUNDRED, TWENTY THOUSAND DOLLARS ($120,000) IN ORDER TO CONDUCT AN LCI STUDY OF THE AREA ALONG HWY 9 TO THE ATLANTA REGIONAL COMMISSION (ARC) BE IT RSOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on December 6, 2010 at 6:00 p.m. as follows: WHEREAS, the Atlanta Regional Commission (ARC) provides funds to local governments to prepare special transportation/land use studies which are funded through the ARC’s Livable Centers Initiative (LCI) Program, and WHEREAS, the Community Development Department of the City of Milton is prepared to submit an LCI grant application to request project funds to study the area located along Hwy 9 from Bethany Bend in the City of Milton to Mayfield Road in the City of Alpharetta, and WHEREAS, the maximum funding available for corridor studies is One Hundred, Twenty Thousand Dollars ($120,000), the City is applying for One Hundred, Twenty Thousand Dollars ($120,000) to study four miles along Hwy 9 through Milton and Alpharetta, and WHEREAS, provided that the City receives the grant, the ARC requires matching funds in the amount of Twenty Four Thousand Dollars ($24,000), and WHEREAS, the Community Development Department of the City of Milton has identified up to Twenty Four Thousand Dollars ($24,000) within the Community Development Budget for use in the shared cost of the required matching funds for the Hwy 9 study should it include the City of Alpharetta. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Milton does hereby transmit the application for the FY 2011 Livable Centers Initiative Study grant for the area along Hwy 9 to the Atlanta Regional Commission for consideration. RESOLVED this 6th, day of December 2010. Approved: _____________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie Gordon, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 1 To: Honorable Mayor and City Council Members From: Sudie Gordon, City Clerk Date: November 22, 2010, Submitted for the December 6, 2010, City Council Regular Meeting for New Business Agenda Item: Consideration and Approval of a Resolution Adopting the Council and Work Session Meeting Dates (January through December 2011) CMO (City Manager’s Office) Recommendation: Approve the Council meeting deadlines and Council and Work Session meeting dates for 2011. Background: The City of Milton is committed to conducting City business in a manner that complies with all legal requirements, fosters citizen confidence in City government, and promotes efficient and effective government operations. As part of our open and transparent government process, the Mayor and City Council will adopt a yearly meeting schedule. Discussion: The goal of any meeting schedule is to provide advance notice to the elected officials, staff, and the public of when formal business will be conducted by the municipality. Alternatives: N/A Concurrent Review: Chris Lagerbloom, City Manager STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE CITY OF MILTON CITY COUNCIL REGULAR MEETING AND WORK SESSION SCHEDULE The Council of the City of Milton hereby resolves while in regular session on the 6th day of December 2010 at 6:00 pm: SECTION 1. That the schedule for City Council Meeting Deadlines and Council and Work Session Meeting Dates is hereby approved as attached; SECTION 2. That resolutions in conflict with this resolution are hereby repealed. SECTION 3. That this approval be effective January 1, 2011. RESOLVED this 6th day of December 2010. Approved: __________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk (Seal) COUNCIL MEETING DEADLINES AND COUNCIL AND WORK SESSION MEETING DATES (January through December, 2011) STAFF SUBMITTAL TO CITY CLERK OFFICE FOR REVIEW BY 12:00 (14 DAYS ) MONDAY CITY MANAGER REVIEW (12 DAYS) WEDNESDAY REVIEW & DOCUMENT CHANGES (11 DAYS) THURSDAY FINAL PREP OF PACKET 8:00 (10 DAYS) FRIDAY DISTRIBUTION TO CITY COUNCIL (7 DAYS) MONDAY POST AGENDA (5 DAYS) WEDNESDAY COUNCIL MEETINGS MONDAY WEDNESDAY MTG. WORK SESSIONS MONDAY December 20, 2010 December 22, 2010 December 23, 2010 December 24, 2010 December 27, 2010 December 29, 2010 January 5, 2011 December 27, 2010 December 29, 2010 December 30, 2010 December 21, 2010 January 3, 2011 January 5, 2011 January 10, 2011 January 5, 2011 January 7, 2011 January 8, 2011 January 9, 2011 January 12, 2011 January 14, 2011 January 19, 2011 January 24, 2011 January 26, 2011 January 27, 2011 January 28, 2011 January 31, 2011 February 2, 2011 February 7, 2011 January 31, 2011 February 2, 2011 February 3, 2011 February 4, 2011 February 7, 2011 February 9, 2011 February 14, 2011 February 9, 2011 February 11, 2011 February 12, 2011 February 13, 2011 February 16, 2011 February 18, 2011 February 23, 2011 February 21, 2011 February 23, 2011 February 24, 2011 February 25, 2011 February 28, 2011 March 2, 2011 March 7, 2011 February 28, 2011 March 2, 2011 March 3, 2011 March 4, 2011 March 7, 2011 March 9, 2011 March 14, 2011 March 7, 2011 March 9, 2011 March 10, 2011 March 11, 2011 March 14, 2011 March 16, 2011 March 21, 2011 March 28, 2011 March 30, 2011 March 31, 2011 April 1, 2011 April 4, 2011 April 6, 2011 April 11, 2011 April 4, 2011 April 6, 2011 April 7, 2011 April 8, 2011 April 11, 2011 April 13, 2011 April 18, 2011 April 11, 2011 April 13, 2011 April 14, 2011 April 15, 2011 April 18, 2011 April 20, 2011 April 25, 2011 April 18, 2011 April 20, 2011 April 21, 2011 April 22, 2011 April 25, 2011 April 27, 2011 May 2, 2011 April 25, 2011 April 27, 2011 April 28, 2011 April 29, 2011 May 2, 2011 May 4, 2011 May 9, 2011 May 2, 2011 May 4, 2011 May 5, 2011 May 6, 2011 May 9, 2011 May 11, 2011 May 16, 2011 May 23, 2011 May 25, 2011 May 26, 2011 May 27, 2011 May 30, 2011 June 1, 2011 June 6, 2011 May 30, 2011 June 1, 2011 June 2, 2011 June 3, 2011 June 6, 2011 June 8, 2011 June 13, 2011 June 6, 2011 June 8, 2011 June 9, 2011 June 10, 2011 June 13, 2011 June 15, 2011 June 20, 2011 June 22, 2011 June 24, 2011 June 25, 2011 June 26, 2011 June 29, 2011 July 1, 2011 July 6, 2011 June 27, 2011 June 29, 2011 June 30, 2011 July 1, 2011 July 4, 2011 July 5, 2011 July 11, 2011 July 4, 2011 July 6, 2011 July 7, 2011 July 8, 2011 July 11, 2011 July 13, 2011 July 18, 2011 July 18, 2011 July 20, 2011 July 21, 2011 July 22, 2011 July 25, 2011 July 27, 2011 August 1, 2011 July 25, 2011 July 27, 2011 July 28, 2011 July 29, 2011 August 1, 2011 August 3, 2011 August 8, 2011 August 1, 2011 August 3, 2011 August 4, 2011 August 5, 2011 August 8, 2011 August 10, 2011 August 15, 2011 August 24, 2011 August 26, 2011 August 27, 2011 August 28, 2011 August 31, 2011 September 2, 2011 September 7, 2011 August 29, 2011 August 31, 2011 September 1, 2011 September 2, 2011 September 5, 2011 September 7, 2011 September 12, 2011 September 5, 2011 September 7, 2011 September 8, 2011 September 9, 2011 September 12, 2011 September 14, 2011 September 19, 2011 September 19, 2011 September 21, 2011 September 22, 2011 September 23, 2011 September 26, 2011 September 28, 2011 October 3, 2011 September 26, 2011 September 28, 2011 September 29, 2011 September 30, 2011 October 3, 2011 October 5, 2011 October 10, 2011 October 3, 2011 October 5, 2011 October 6, 2011 October 7, 2011 October 10, 2011 October 12, 2011 October 17, 2011 October 24, 2011 October 26, 2011 October 27, 2011 October 28, 2011 October 31, 2011 November 2, 2011 November 7, 2011 October 31, 2011 November 2, 2011 November 3, 2011 November 4, 2011 November 7, 2011 November 9, 2011 November 14, 2011 November 7, 2011 November 9, 2011 November 10, 2011 November 11, 2011 November 14, 2011 November 16, 2011 November 21, 2011 November 21, 2011 November 23, 2011 November 24, 2011 November 25, 2011 November 28, 2011 November 30, 2011 December 5, 2011 November 28, 2011 November 30, 2011 December 1, 2011 December 2, 2011 December 5, 2011 December 7, 2011 December 12, 2011 December 5, 2011 December 7, 2011 December 8, 2011 December 9, 2011 December 12, 2011 December 14, 2011 December 19, 2011 J A N U A R Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 F E B R U A R Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M A R C H S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A P R I L S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 M AY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 J U N E S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 J U L Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A U G U S T S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S E P T E M B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 O C T O B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 N O V E M B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 D E C E M B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2011 MEETING CALENDAR 2011 Council and Work Session Meeting Calendar Work Session Dates Regular Council Meeting Days Observed Holidays January 17 Dr. Martin Luther King Jr. February 21 Presidents Day April 22 City Manager’s Floating Day May 30 Memorial Day July 4 4th of July September 5 Labor Day November 11 Veteran’s Day November 24-25 Thanksgiving December 26 Christmas Day Observed Fulton County School Calendar December 23, 2010 to January 3, 2011 Winter Break January 5 First Day of Second Semester April 4-8 Spring Break May 27 Last Day of School August 15 First Day of School Nov. 23-25 Thanksgiving Dec. 23-January 3 Winter Holiday 2011 GMA Mayor’s Day January 22–24, 2011– Atlanta, GA 2011 GMA Conference June 25-28, 2011- Savannah, GA CITY OF MILTON 2011 HOLIDAY SCHEDULE HOLIDAY: DATE OBSERVED: New Year's Day Observed .......................................... Friday, December 31, 2010 Martin Luther King, Jr. Day ......................................... Monday, January 17, 2011 President's Day............................................................. Monday, February 21, 2011 City Manager's Floating Holiday ................................. Friday, April 22, 2011 Memorial Day................................................................ Monday, May 30, 2011 Independence Day ....................................................... Monday, July 4, 2011 Labor Day...................................................................... Monday, September 5, 2011 Veteran's Day............................................................... Friday, November 11, 2011 Thanksgiving Day ........................................................ Thursday, November 24, 2011 Day after Thanksgiving .............................................. Christmas Day Observed ............................................ Friday, November 25, 2011 Monday, December 25, 2011 Employee's Holiday ................................................... 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