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HomeMy WebLinkAbout01-19-11 Packet CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Joe Longoria Alan Tart Wednesday, January 19, 2011 Regular Council Meeting Agenda 6:00 PM INVOCATION - Chaplain Remco Brommet, Chaplain for City of Milton Police and Fire. 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. 11-011) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the January 5, 2011 Regular Minutes. (Agenda Item No. 11-012) (Sudie Gordon, City Clerk) 2. Approval of a Contract with JJE Constructors, Inc. for Repairs to the Abutments on the Cogburn Road Bridge in the Amount of $13,500.00. (Agenda Item No. 11-013) (Carter Lucas, Public Works Director) Page 1 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. MILTON CITY COUNCIL REGULAR MEETING AGENDA JANUARY 19, 2011 Page 2 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3. Approval of a Professional Services Agreement between the City of Milton and Engineering & Inspection Systems, Inc. to Provide Civil Engineering, Planning and Design Services for Exterior Improvements as Part of the Bethwell Community Center Renovation Project in the Amount of $5,250.00. (Agenda Item No. 11-014) (Cyndee Bonacci, Parks and Recreation Director) 4. Approval of a Professional Services Agreement between the City of Milton and MPZ Architects, PC to Provide Architectural, Engineering and Design Services for the Building Improvements as Part of the Bethwell Community Center Renovation Project in the Amount of $9,850.00. (Agenda Item No. 11-015) (Cyndee Bonacci, Parks and Recreation Director) 5. Approval of a Construction Services Agreement Between the City of Milton and Marietta Fence Company for Demolition and Construction of Four New Dugouts at Bell Memorial Park in the Amount of $14,172.00. (Agenda Item No. 11-016) (Cyndee Bonacci, Parks and Recreation Director) 6. Approval of Subdivision Plats as Follows: Name of Development Action Comments The Shops at Windward Village Revise Property Lines between Tracts B & C Revision The Shops at Windward Village Revise Property Lines between Tracts A & D Revision Braeburn Phase II Final Plat Creates 21 Lots Braeburn Phase III Final Plat Creates 31 Lots Deerfield Green Phase 2 Final Plat Creates 28 lots (Agenda Item No. 11-017) (Lynn Tully, Community Development Director) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) MILTON CITY COUNCIL REGULAR MEETING AGENDA JANUARY 19, 2011 Page 3 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS (None) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 1. Discussion on the Use of the Crabapple Streetscape TE Grant. (Carter Lucas, Public Works Director) 14) EXECUTIVE SESSION (None) 15) ADJOURNMENT (Agenda Item No. 11-018) The minutes will be Provided electronically 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: January 3, 2011 for the January 19, 2011 Council Meeting Agenda Item: Approval of a contract with JJE Constructors, Inc. for repairs to the abutments on the Cogburn Road bridge in the amount of $13,500.00. Background: The Cogburn Road bridge is scheduled for replacement later this year. These repairs are necessary to stabilize the existing structure until such time as the new bridge can be installed. Discussion: Staff is recommending approval of a contract in an amount not to exceed $13,500.00 for repairs to the abutments on the Cogburn Road Bridge. The wooden abutments have deteriorated to the point where the shoulders are failing adjacent to the roadway. This project involves the installation of 4 new pilings to stabilize the existing walls and the replacement of old timber lagging boards. Staff solicited three bids for this work and JJE Constructors, Inc. was the lowest responsible bid at $13,500.00 Legal Review: Jarrard & Davis – 12/15/2010 Attachments: 1. Construction Services Agreement. $rcity of Milton Construction Services Agreement Abutment Repair on the Cogburn Road Bridge over Copper Sandy Creek This Construction Services Agreement (the "Agreement") is made and entered into this day of , 2010, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City"), and J.J.E. Constructors, Inc, a corporation with its principal place of business located at PCS Box 76953 Atlanta, Georgia 30358 (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City requires these services to make immediate repairs to the abutment of the Cogburn Road Bridge over Copper Sandy Creek; and WHEREAS, based upon Contractor's bid to construct, install and provide the construction services as outlined in the proposal, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set fords in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cast, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. 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 The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement (26 Pages); B. Project scope (2 Pages), attached hereto as Exhibit "A"; C. Proposal and Bid from Contractor dated November 22, 2010 (2 Pages), attached hereto as Exhibit "B"; D. Performance and Other Bonds, attached hereto collectively as Exhibit "C"; E, Contractor agrees to abide by the current edition of GDOT standard specifications of construction transportation systems. F. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Ainendincats and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and G. City of Milton Code of Ethics as defined in Chaptcr 2, Article VITT, .Ethics Code of the City of Milton Code of Ordinances. H. Affidavit for the Contractor pursuant to O.C.G.A. Sections 32-4-122 and 36-91- 21(e). The affidavit must be supplied by all officers, agents, ar other persons who may have acted for or represented the contractor in bidding for or procuring the contract, attached hereto as Exhibit "G". In the event of any conflict among Exhibit 'A,' Exhibit 'B' and/or this Agreement, that provision operating most to the benefit of City shall prevail. Section 2. Proieet Description The Project is defined generally as follows- repairs to the abutments of the Cogbinn Road Bridge over Copper Sandy Creek. Section 3. The Work The Work is specified and indicated in the Contract Documents (the "Work'). The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents, Section 4. Contract Time Contractor agrees to Complete the Project within 10 calendar days from the date of Notice To Proceed. Every effort will be made by Contractor to shorten this period. Section 5. Contractor's Compensation, Time and Method of Pa ment Contractor shall be a lump sum, as stated in the proposal provide by Contractor and attached hereto, and shall not exceed $13,500. However, should the temporary guardrail required by these specifications not be required, as determined by the City of Milton, the lump sum fee shall be reduced accordingly as specified in the attached proposal. The City shall pay Contractor net thirty (30) days from the date of invoice for units provided to the City during the invoice period. No payments will be made for unauthorized work. Upon the City's certification of Final Completion of the Project, an invoice should be submitted to City of Milton 13000 Deerfield Parkway Suite 107G Miltou, GA, 30004 for appruvdl. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 2 Section fi. Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding, to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and Mly necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor_ C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect noes not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, roust be approved by resolution of the Milton City Council. Section 7. Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. 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 skis[ and judgment to provide the services its pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. h J D. Budgctary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall lecke 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 principals of {Contractor's profession and industry, Contractor will give written notice immediately to the City. E. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not., and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment of Agreement The 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. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the 4 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, arrd 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, airy 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 negligent 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. J. Indeneudent .C'oritractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details ofthe services to be performed by Contractor or to exercise a treasure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. 5 Inasmuch as the City of Milton and the Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee sof the Contractor to do so, unless specifically authorized, in advance and in writing, to do sv, and there only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. insurance (l) Requirements: The Contractor shalt have and maintain in full farce and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (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 $1,000,040 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. 2 (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 he 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 Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, 7 -voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending, dates. (S) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: V11. (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 far 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. L Employment of Unauthorized Aliens Prohibited It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F" that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perforce work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct 0 and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requircinent shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her dcsignec shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Contractor's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. Contractor's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "E." The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all rtiatters i:overed by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. 9 (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouclicrs, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. o. ConfidemiatitY 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. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Compliance with Laws regulating Illegal Aliens The United States Congress enacted the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-643, A.hich required the former Immigration and Naturalization Service (now the Department of Homeland Security) to establish a system for verifying the immigration status of non -citizen applicants for, and recipients of, certain types of federally funded benefits, and to make the system available to Federal, State, and local benefit -issuing agencies and institutions that administer such benefits. 10 The Contractor covenants and declares that it is enrolled in the Basic Employment Verification Pilot Program, and that it has verified the employment eligibility of all its employees utilizing such program.. Contractor shall likewise require all subcontractors or sub -consultants to verify the employment eligibility of all their respective employees utilizing the Basic Employment Verification Pilot Program. Contractor shall provide documentation prior to commencing work under this Agreement, in a forma acceptable to the City of Millon, affirming the Contractor's compliance with this Section. Q. Licenses. Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. R. Key Persnnnel All of the individuals identified in Exhibit "D" are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the project team, as listed in Exhibit "D", without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City's decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. Contractor shall not subcontract with any third party for the performance of any portion -of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. S. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. 1'. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and Il the City shall be entitled to full access and copies of all such materials_ Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. U. Mcctinas The Contractor is required to meet with the 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 the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract_ Section S. Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment to the City of Milton, in order for Contractor to complete the Work. B. City's Representative Matt Fallstrom shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9. Warrantv Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10. Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a terinivatiun for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as 12 possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. if the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will he treated as a termination for convenience under the terms of this Section (A) above. D. upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in perfonning this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. Miscellaneous A. Complete Agreefnent. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. 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. D. Invalidity of Provisions. Should any part of this AgreeInent for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall 13 not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or 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 CITY shall be sent to: City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia :30004 Attention: City Manager NOTICE TO CONTRACTOR shall be sent to: J.J.E. Constructors, Inc. PO Box 75953 Atlanta, Georgia 30358 F. Sovereign Immunil_y. 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. G. Force Mai eure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion_ In such event, the time for performance shall be extended by an amount of tirne equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Heading, . All headings herein are inserter/ only for currvenience and ease of reference and are not to be considered in the construction or interpretation of any 14 provision of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seat as of the date first above written. P.J.E. C struc c.] By: Its: -"[CORPORATE SEAL] , SEALED, AND DELIVERED Notary Public .4t MILTON CITY COUNCIL Joe Lockwood, Mayor [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: I5 Secretary of Owner should attest Give proper title of each person -executing affidavit. Attach seat as required. Executed in Duplicate 16 of 2 EXHIBIT "A" Scope of Work The Contractor declares and represents that it has exmijined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The Contracor proposes and agrees to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary and/or required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the city_ The work shall generally be described by the following: 1.0 Description of Work a) Install 4 steel H -piles at locations designated by the City of Milton along the upstream wingwalls. Alternate piling material may used as approved by the City of Milton_ b) Replace damaged 2" oak lagging boards. Excavate as necessary to access and replace boards. Remove guardraiI as necessary to access the work area. c) Extend lagging vertically upward on the southeast abutment and backfill along the road shoulder between the edge of pavement and guardrail. d) The contractor may be required to install temporary guardrail as necessary and directed by the City of Milton.. Should the temporary guardrail not be deemed necessary for any reason by the City of Milton payment for that item will not be required as specified in Section 5 of this agreement. 2.0 General Conditions a) Construction activity within 1000 feet on an occupied residence will be allowed Mon. -Fri. between the hours of 7:30 AM and 7:30 PM and Sat. between 8:30 AM and 5:00 PM. Construction activity more than 1000 feet from an occupied residence will be allowed Mon.- Fri. between the hours of 7:40 AM and 10:00 PM and Sat, between the hours of 8:30 AM and 6:00 PM. b) Lane closures are permitted between the hours of 9:00 am and 4:00 prn unless otherwise approved by the City of Milton. c) Contractor must notify the City of Milton (578) 242-2540, twenty-four (24) hours prior to beginning construction, d) Burial of construction materials is not permitted within the City of Milton. All construction materials and debris within the work area shall be properly disposed of by the contractor. 3.0 Erosion and Sediment Control a) All erosion and sediment control work shall be performed in accordance with the standards provided in the Georgia Manual for Erosion and Sediment Control in Georgia, latest edition. 17 b) Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case shall a site be left bare for more thmi fo urtuen (14) days. c) Provide matting, temporary and permanent seeding of all slope faces. d) Provide a minimum of inch of mulching, temporary and permanent seeding of all other disturbed areas. 4.0 Earthwork a) The area within the typical grading section shall be cleared of all trees, brush, stumps, lags, grass roots, vegetable matter, poles, stubs, rubbish, refuse dumps, sawdust piles, and all other matter resting on or protruding through the original ground surface or appearing or being placed on the area within the typical grading section before final acceptance of work. b) All depressions below the ground surface containing water shall be drained, unsuitable material removed and filled with suitable material and compacted to the ground surface before the embankment proper is begun. Any area deemed jurisdictional under federal, state or local regulations shall obtain required approvals or permits prior to any land disturbing activities in those areas. c) Fill shall be placed in uniform, horizontal layers not more than 8" thick (loose measurement). Moisture content shall be adjusted as necessary to compact material to 95% maxiinum laboratory dry density as determined by AASHTO method T-99. d) Provisions shall be made by the contractor to ensure adequate drainage and prevent possible damage to the work area. 5.0 Utilities a) The contractor shall be required to coordinate and manage any and all utility locates and/or relocations within the scope of this project. 6.4 Performance a) All work performed shall be in accordance City of Milton Subdivision Construction Standards. The contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations. The Contractor will conform to MUTCD and the State of Georgia Department of Transportation standards for traffic control_ b) The Contractor is responsible for providing all traffic control and must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton DepaLunent of Public Works (MDPT). l8 EXHIBIT "B" Proposal 19 J.J.E. CONSTRUCTORS, INC. Earthwork — Citi iI Structures General Construction James C.L. Embro Contractor (770)417-1531 (770) 417-1130 Fax Proposal Submitted to: City of Milton 13000 Deerfield Parkway, Ste 107G Milton, GA 30004 P.Q. Box 76953 Atlanta, Georgia 3035$-1953 PROPOSAL 333 Mitchell St. Norcross, Georgia 30071 ATTN: Roddy Mntes TEL: 404-867-2000 FAX: E-MAIL: rodd►.motes,ir citvofmilton a.us Date: November 22, 2010 Project Name & Location Cogbum Road Bridge We propose to provide all labor, equipment and material to perform the following specified work: Temporary repair to inlet abutment wing walla for bridge at Cogburn Road. Scope of work to include: 4 steel pilings placed is front of failing tint ber wing; wails Place 2" hardwood boards behind pilings to retain soil backfill Place soil backfill to allow for roadway shoulder and slope Seed and straw disturbed areas Special note: Removal of existing guardrail will be required to facilitating the work Cost for the above described work- $11,750.00 Should temporary guardrail re -installation be required: Cost Add- $ 1,800.00 Due to the drainage associated with the shoulder and side slopes we suggest concrete slope paving for the area beneath the guardrail and adjacent to the ming walls: Cost Add- $ 2,750.00 S2ecial Conditions: **Note** Terms: 30 days from date of invoice Invoices will be submitted on a monthly basis. PRICES VALID FOR 60 DAYS PAGE 2, PROPOSAL-COGBURN RD BRIDGE ;2 e.,rentative of BE CONSTRUCTORS, INC Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of acceptance: ,acceptor's Signature Title WE MUST RECEIVE THIS PROPOSAL SIGNED IN ORDER FOR USTO l'O PROC E F: U WITH THE INBICATED WORD. EXHIBIT "C" Not Included 20 EXHIBIT "D" KEY PERSONEL None 21 EXHIBIT "E" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-14-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-:08 in the form attached hereto as Exhibit " E." Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton, at the time the subcontractor(s) is retained to perform such service. EEV),ffao Pjlot Program User Identification Dumber B /Authorized Officer or Agent Date S Tide of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFQRE ME O1�THIS THE " �7. OP DAY OF y� �- ��' ^1��.,. , 20 ]10 -_ �"a""-s Notary Public M1 Commission Expires: 95101V F�A�►.: °vauG 'oma: 6, A- i,�.' f'��. 22 STATE OF GEORGIA CITY OF MILTON EXHIBIT "F" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. EEV 1 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date (Highway Markings, LLC) Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF . 20 Notary Public My Commission Expires: :23 EXHIBIT "G" NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF GEORGIA CITY OF MILTON /�hr1•i GS �tl,tCl� , being first duly sworn, deposes and says that: (1) He is(Owner, Partner, Officer, Representative, orAgent) of .3_J.E Constructors, Inc. (the "Bidder") that has submitted a Bid to the City of Milton for the repair of abutments for the Cogburn Road Bridge over Copper Sandy Creek; (2) He is fully informed respecting their preparation and contents of the Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid was genuine and was not a collusion or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted to or refrain from bidding in connection with such Contract, or has in any collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Milton, Georgia or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. Bidder has not directly or indirectly violated O.C.G.A. § 3b -91-21(d). ,Subscribed and Sworn to before me t J this day of'7 su".ti•-. Zo i o Title C, a �-G-) s A� My Commission Expires L -z,ON�Zs"X`L Da€e END OF AGREEMENT 24 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Cyndee L. Bonacci, Parks and Recreation Director Submission Date: January 7, 2011 Meeting Date: January 19, 2011 Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Engineering & Inspection Systems, Inc. to Provide Civil Engineering, Planning and Design Services for Exterior Improvements as Part of the Bethwell Community Center Renovation Project in the Amount of $5,250.00 Background: The City of Milton is underway with plans to renovate the Bethwell Community Center. A site plan has been created internally by the City of Milton and civil engineering and design services are needed to complete construction documents for site improvements. Discussion: Engineering & Inspection Systems, Inc. has previously done work with the City of Milton and actually completed the survey of the Bethwell property in June of 2009. When asked for a quote to complete the necessary work, the quote was fair and provided in a timely manner. EIS, Inc. is qualified to perform the professional services needed for this project. This agreement was previously approved via the contract review period. Attachments: A Professional Services Agreement between the City of Milton and Engineering & Inspection Systems, Inc. to Provide Civil Engineering, Planning and Design Services for Exterior Improvements as Part of the Bethwell Community Center Renovation Project in the Amount of $5,250.00. l� City of Milton PROFESSIONAL SERVICES AGREEMENT BETHWELL COMMUNITY CENTER RENOVATION PROTECT c 4 z��1 This Agreement made and entered into this 3�d day of , in the year -24W, 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 Engineering & Inspection Systems, Inc. ("Consultant"} having its principle place of business at 6261 Longwood Chase, Canton, Georgia 3011.5. WHEREAS, the City of Milton will require certain professional public works services beginning on January 3, 2011; 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. 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 id to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, pa 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 [$5,2.50.00] (the "Contract Price") without prior written approval from the City. Additional services be may be added at a later date as proposed in Exhibit "A". Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. c r� or faiwn 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 fi 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 injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. 2 rC4 of Mori1 1 (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 $500,000 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 Liabilli!Y Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. c Cily Of Miwn (v) Covelall be provided on a "pay on behalf' basis, with defense costs payable in adt policy limits. There shall be no cross liability exclusion. (vi)The ' grees to waive all rights of subrogation against the City, its officials, empl gents and volunteers for losses arising from work performed by the Con �r the City. (vii) All the (b) The insurer will agents and volui (c) to policies shall be executed by an authorized representative of dve all rights of subrogation against the City, its officials, employees, sses arising from work performed by the Consultant for the City. (i) Eacce policy required by this clause shall be endorsed to state that cov all not be suspended, voided, canceled, reduced in coverage or in limi t after thirty (30) days prior written notice by certified mail, return rece � sted, has been given to the City. (ii) Poli 11 have concurrent starting and ending dates. (5) Acceptabili Insurance is to be placed (6) Verification of Consultant shall fi evidencing covert insurance and ends that insurer to bine on a form utilized and approved by t) right to require c( Consultant shall p two (2) weeks prit (7) Sub -consultants: Consultant shall certificates and E subject to all of the parties as ad( (8) „ +ruy of Mllfon with an A.M. Bests' ratirig of no less than ANIL City with certificates of insurance and endorsements to the policies ired by this clause prior to the start of work. The certificates of ks for each insurance policy are to be signed by a person authorized by 6e on its behalf. The certificate of insurance and endorsements shall be sultant's insurer in its normal course of business and shall be received )rior to execution of this Agreement by the City. The City reserves the 1 certified copies of all required insurance policies, at any time. The "roof that any expiring coverage has been renewed or replaced at least 'expiration of the coverage. ll sub -consultants as insured under its policies or shall furnish separate ;nts for each sub -consultant. All coverage for sub -consultants shall be I-ements stated in this Agreement, including but not limited to naming 4 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 January 3, 2011 to March 3, 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 Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days 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. $.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. 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 5 Giry or Milmn 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 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: James 1— Courson, I.I..I. President Engineering & Inspection Systems, Inc. 6261 1,ongwood Chase Canton, Georgia 30115 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 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. t" cn of miw Approved a. to form: City Att ey CONSULT Signature: Jame spn, I , President Jahn orto�i, Secretary [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of - : f: Witness iM1111, Notary Public%%%%;f;HEEO ����� [NOTARY SEAL] w . G My Commission Expires: — p = •g��,.t € PC "'►�� GEDQ'�►�ITY OF MILTON: By: Its: SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: city of Milian i [CITY SEAL] EXHIBIT "A" SCOPE OF WORK BETHWELL COMMUNITY HOLISE RENOVATION PROJECT: Primary Scalae: Provide professional civil engineering, planning, and design services to the City for the design of exterior improvements at the Bethwell Community House located at 2695 Hopewell Road, Milton, Georgia 30004. These services are more fully described as follows: A site plan was prepared by the City, revised and provided to the Consultant prior to the start of the project. This site plan will be the basis for the design work to be completed by the Consultant. The Consi-zltant will obtain the additional field locations needed for the design. The Consultant will then prepare the necessary hydrology study and prepare the required grading, storm water management and erosion control documents and any tree protection required and submit completed plans to the City for review and approval. The Consultant will prepare this work for a lump sum fee of $5.250. if the septic system is relocated, it will require new percolation tests. and the preparation of a septic system design for the relocated system. This design must be submitted to, and approved by the Fulton County Health Department. If this additional work is necessary, the Consultant will submit a revised fee to the City for this additional work. ppm City of Millon OP ID: RG Ac�JRU CERTIFICATE OF LIABILITY INSURANCE ANCE BATE{1104/fYYYYI 01 ,Dari! THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pDlicy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER 678.842-9909 12600 Reefeld Parkway #100 678-842-9942 Alpharetta, GA 30004 Lance K. Barkley CONTACT NAME: Roxanne Griffin PHONE .E.t :678-842-9901 Ali No): 678-84_2-9902 E-MAADDRIEss: rgrTffin ggitas.corn PRODUCER CUSTo ,,: ENGIN-1 GENERAL LIABILITY INSURER[S AFFORDING COVERAGE NAIC # IN SURER A: Sentinel Insurance Company, 11004 INSURED Engineering & Inspection Systems, Inc. INSURERB:Hartford Casualty Insurance 29424 6261 Longwood Chase Canton, GA 30115 INSURER C: Lloyd's of London PREMISES Eacccurrenoa $ 1,000,00 A INSURER D INSURER E: .20$BA109883 INSURER F : 10/29/10 COVIFRAGE-5 CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- NSR TYPE OF INSURANCE City Of Milton ACCORDANCE WITH THE POLICY PROVISIONS. POLICY NUMBER EFF MMIDDIYYYY MMIDBLICY YIYYYYI LIMITS Milton, GA 38004 GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 PREMISES Eacccurrenoa $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY .20$BA109883 10/29/10 10/29/11 MED EXP (Any one person) $ 10,00 CLAIMS -MADE Fx_] OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,400,000 GEN'LAGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG S 2,000,00 $ POLICY PRO LDC AUTOMOBILE LIABILITY COMBBI SINGLE LIMIT $ 1,000,00 (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS j BODILY INJURY (Per aocldent) $ A X SCHEDULEDAUTOS HIRED AUTOS 20SBAI09883 10/29/10 10/29111 PROPERTY DAMAGE (Per accident) $ $ A X NON-OINNEDAUTOS 20SBA109883 10/29/10 10/29111 $ UMBRELLA UAB )( OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,00 A EXCESS ,.IAB CLAIMS -MADE 2aseAlosss3 10,29,10 1029111 DEDUCTIBLE $ $ X RETEN7ION $ 10,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE Y I N 20WECZH8868 10129110 10129111 X WC STATU- OTH- T CRYLIMITS ER E.L. EACH ACCIDENT s 500,000 OFFICERIMEMBER EXCLUDED? ❑ (Mandatory in NH) N I A E.L. DISEASE - EA EMPLOYEE $ 500,00 E.L. DISEASE - POLICY 1AMIT S 500,00 If yes, desaibe under DESCRIPTION OF OPERATIONS below I C iProfessional LOL07291pLY[8 07129110 07/29/11 Dec. 11000,00 !Liability Agg. 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Engineering ServicW Certificate hOlder is named as an additional insured with respects to General Liability. CERTIFICATE HOLDER CANCELLATION CITY[7FM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Milton ACCORDANCE WITH THE POLICY PROVISIONS. Cyndee Bonacci AUTHORIZED REPRESENTATIVE 13000 Deerfield Pkwy, Ste 107G Milton, GA 38004 C 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Cyndee L. Bonacci, Parks and Recreation Director Submission Date: January 7, 2011 Meeting Date: January 19, 2011 Agenda Item: Approval of a Professional Services Agreement between the City of Milton and MPZ Architects, PC to Provide Architectural, Engineering and Design Services for the Building Improvements as Part of the Bethwell Community Center Renovation Project in the Amount of $9,850.00. Background: The City of Milton is underway with plans to renovate the Bethwell Community Center. A site plan and scope has been created internally by the City of Milton and architectural services are needed to complete construction documents for building improvements. Discussion: MPZ Architects, PC is listed on the vendor list with the City of Milton and specializes in old building renovations. When asked for a quote to complete the necessary work, the quote was fair, complete, and provided in a timely manner. MPZ Architects, PC is qualified to perform the professional services needed for this project. This agreement was previously approved via the contract review period. Attachments: A Professional Services Agreement between the City of Milton and MPZ Architects, PC to Provide Architectural, Engineering and Design Services for the Building Improvements as Part of the Bethwell Community Center Renovation Project in the Amount of $9,850.00. City of Milton ..4QA5 PROFESSIONAL SERVICES AGREEMENT BETHWELL COMMUNITY CENTER RENOVATION PROJECT This Agreement made and entered into this 3(-' day of t aon, in the year 2014, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"YAaving its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and MPZ A:RCHITEC'l"S, PC ("Consultant") having its principle place of business at 625 Tatum Court. Alpharetta, Georgia 3002.2. WHEREAS, the City of Milton will require certain professional public works services beginning on January 3, 3011; 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. In the event of any discrepancy between the terms of this Agreement and Exhibit "A," the term most beneficial to the City, as determined in its sole discretion, shall govern. 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 $9.850.00 (the "Contract Price") without prior written approval from the City. Additional services be may be added at a later date as proposed in Exhibit "A". Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. n PIN City a FhilEor 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 Re uirements: Throughout the term of this Agreement, Consultant shall maintain in effect insurance, at a minimum, as shown in Exhibit "B," attached hereto and incorporated herein by reference. Worker's compensation will be carried if required by Georgia law, and if so required, will be carried with coverages meeting the minimum requirements of Georgia law. 5.0 Term; Termination The term of this Agreement shall be from January 3, "01.1 to March i, 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 2 IN City of Mown Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days 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. 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 3 city a` Milton. 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 CONSULTANT shall be sent to: Marnie Zagranski MPZ Architects, PC 625 Tatum Count Alpharetta, Georgia 30022 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 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. 4Aorne o form =X'-� CONSULTANT: �- Y Signature: Marnie 'Lagranski, Presi€1en , , ecretary [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED A city of Mlltorl 4 of: ATE Cly*i� Nota Public t► .0. f'10* • 4 [NOTARY SEAL] My Commission Expires: S.t:s 4 'P.. }kaz cu CITY OF MILTON: By: Its: SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: A Cly of Mfllon [CITY SEAL] EXHIBIT "A" SCOPE OF WORK Bethwell Community Center City of Milton Proposal December 2 I, 2010 P".'se s Scope of Work The project is to renovate an existing community center. It will involve the removal of the existing restrooms and provide a new addition to accommodate the new handicapped accessible restroom facility. These new restrooms will be entered from within the building in lieu of the current exterior access. The existing front steps and entry porch will be removed and a new front porch, the length of the building, will be provided. The new porch is intended to be useable with exterior furniture. Due to the height elevation of the front entry, a new handicap ramp will also be incorporated in the project. Inside the building a small kitchenette base counter with sink and microwave well is provided. The renovation will also include all new exterior and interior finishes (paint, flooring, etc.), new insulated windows, and doors, all to meet the City of Milton's ordinance. The current site is on septic and all new plumbing fixtures will be required. The buildings electrical will also need to be upgraded and meet all current building cedes. In addition, a new heating and cooling system using packaged terminal air conditioners will be considered. MPZ Architects, PC will provide the architectural, interior design, and will contract with the Mechanical/Plumbing Engineer, Electrical Engineering, and Structural Engineer. Services Total Fee. $91,850.00 • Field measure existing building. • Prepare conceptual design plan and elevation sketches for new restrooms and front parch. • Manage and coordinate with engineers. Provide AutoCAD backgrounds to all engineers. • Design and coordination meetings • Provide selection and specification of all interior and exterior finishes. • Upon review and acceptance of conceptual design, prepare documents for permitting and construction. Construction Documents to include, o As -Built and Demolition Plan o New Floor Plan, including Porch and Restroonis, (a method to seal ACM file will be addressed in plans) o Reflected Ceiling Plan * Exferlor Elevations o Interior Elevations o Millwork Details * Finishes Plan and Schedule o Door and Window Schedules o Front Porch Sections and Details o Restroom Addition wall Sections and Details o Small Project Specification Fee: 625 Tatum Court'° Alpharetta, Georgia 30022.- Tel: 404.663.8863 Fax: 770.346.0006 E -Mail: mpzarchitects@mindspring.com 1� QtC4 of muton fib, 800.00 Bethwell Community Center City of Milton o Foundation and Framing Plan for Additions Fee: o Electrical Plan (Demolition, New Plan, and Schedules) Fee: o Plumbing Plan (Demolition, New Plan, and Schedules) * Mechanical Plan (Demolition, New Plan, and Schedules) Fee: Note: No surveying or civil engineering fees have been included in this proposal Assumptions • The City of Milton will provide the civil engineering and documentation required, • The City of Milton will locate the septic tank. • The City of Milton will remove trees noted to be in path of Project, • The City of Milton will advertise, bid, award, and negotiate the project for construcfion_ • The City of Milton will provide the landscape design and documentation, Additional Services Construction Administration a Shop Drawing and Submittal review o Review and process contractor monthly pay request o Coordinate changes or alterations with Owner and general contractor o Periodic Site Visits, minimum 1 per 15 days with Field Report o "Punchlist" and Final Walk-through • Value Engineering - Redesign Reimbursable Expenses • Reproduction or printing cost of drawings or specifications. • Courier Service Fees END of Proposol Proposal Decernber 21, 2010 Revised $750.04 $1,240.00 $1, loom Fee: $ 1.500.04 Fee-.$90/Hour Proposed Project Schedule: Week 1: Field verification, input information into CAD, and distribute As-builts to engineers. Week 2: Prepare conceptual design plan and elevation sketches for new restrooms and front porch. Meet with City of Milton to review sketches. Week 3-5: Upon approval of sketches, generate construction documents up to 90%. (Week 4 review finishes with City of Milton) Week 5: Review 90% set with City of Milton for approval. Week 6: Finalize construction documents set. 625 Taturn Court:.. Alpharetta, Georgia 30022::. Tel: 464.663.8863 Fax: 770.346.0006 E -Mail: mpzarchitects@mindspring.com n Gi[y of HIM EXHIBIT "B" Minimum Coverage Requirements — SFE A`ITACHED car � �iro� 217149 MPZ Architects, PC Certificate of Insurance (page 1 of 1) 01/04/2011 05:09:54 PM ac r CERTIFICATE OF LIABILITY INSURANCE DATV4M20°fYYYYI t �a�zv1 1 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer Tights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: ...... 0... _........................... _.....-............... PHONE FAx (AIc,.N.4,1XtJ (800 ) 655-1714 _......_.__._.............................................................i...t>uc N, u}; {9T2} 390-84-94 BusinesslnsuranceNow 1301 Central Expy. South, Suite 115 Allen, TX 75013 V.-MAILADDRESS: PRODUCER �'- Cl��T.,I�I3 ID INSURERS) AFFORDING COVERAGE iNSURERA: The Hartford MAIC # INSURED 30104 .. ...... ................. ..._ INSURERB:__ A MPZ Architects, PC _ INSURER C 625 Tatum Court Alpharetta, GA 30022 INSURER D $ 1,000,000 .............................. _..................... —_......... INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. m.---- ---- — ------ INSR? 3 BR POLICY E FF POLICY EXP I TYPE OF INSURANCE LIMITS LiTi , POLICY NUMDER I MMRIDfYYYY MMIDDIYYYY ACCORDANCE WITH THE POLICY PROVISIONS. GENERAL LiAeILITY AUTHORIZED REPRESENTATIVE,;, Milton, GA 30004 EACH OCCURRENCE f 1.000,000 V COMMERCIAL GENERAL LIABILITY ._.... CLAIMS -MADE +A OCCUR ............. DIAM AG E: TE 15 PREM SESOEa occurrence ................................ S .............k................................�—.................. MED. EXP one person) ........... ..... .. S 1.000.000 ..$ 10,000 ..........................__...................�...... A [ ............—............_.—_..............._................._.... 46SBMIU0548 114/2011 114Q012 PERSONAL & ADV INJURY ...................................... $ 1,000,000 .............................. _..................... —_......... GENERAL AGGREGATE $ 2,D00,000 G—E'fN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2.000,000 f ' POLICY F PRO-jECT , LOC I S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea aWdenl) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS j BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per a W dwt) $ $ NON-01MdED AUTOS -- ............ --- ... _............. $ : 3— i UMBRELLA LIAS OCCUR j EACH OCCURRENCE i AGGREGATE .._...... _..... —...... 5 EXCESS LIAS CLAIMS -MADE DEDUCTIBLE 5 $ RETENTION $ WORK ER$ COMPENSATION V4C STATU. OTH-; AND EMPLOYERS' LIABILITY YIN1 I .__......_............................................................ ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERfMEMBER EXCLUDED? LIN I A I E.L. EACH ACCIDENT S (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ If yes. describe under DESCRIPTION OF OPERATIONS belGw _........................ $ .�..._.................._..� E.L. DISEASE -POLICY LIMIT I DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES IAttach ACORD 101, Additional Remarks Schudula, it more space is requiredl CERTIFICATE HOLDER CANCELLATION ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACCORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 13000 Deerfield Parkway ACCORDANCE WITH THE POLICY PROVISIONS. Suite 107G AUTHORIZED REPRESENTATIVE,;, Milton, GA 30004 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACCORD name and logo are registered marks of ACORD 217149 MPZ Architects, PC Certificate of Insurance (page 1 of 1) 0110512011 11:15:42 AM CERTIFICATE OF LIABILITY INSURANCE DArE512011YYYY] � 1s1za1 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate dues not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER B u s I Hess n su ra n ce Now CONTACT NAME: _ PHONE {A1C, N o, E]dj_..(800) 655-1714 [,.FAX 390-8484 ....................................._..._..-—--.-................ 1301 Central Expy. South, Suite 115 Allen, TX 75013 E-MAILADDREs: PRODUCER c INSURER S AFFORDING COVERAGE NA1C # V COMMERCIAL GENERAL LIABILITY ..---....................... INSURED INSURERA: The Hartford 301104 INSURER B : Argo Pro 19801 MPZ Architects, PC INSURER C: 625 Tatum Court INSURER D: Alpharetta, GA 30022 INSURER E : INSURER F: - j COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IRISR 1' �' ADDL SUBR ...... ..... ................ - POLICY EPF POLICY EXP LINUTS LTR TYPE OF INSURANCE POLICY NUMBER I IMMFDDfYYYY)MMIDDIYYYY ACCORDANCE WITH THE POLICY PROVISIONS. GENERAL LIABILITY AUTHORIZED REPRESENTATIVE , Milton, GA 30004 € EACH OCCURRENCE $ 1,060,()00 V COMMERCIAL GENERAL LIABILITY € € 0AMA aL 0REN7rli " .PREMISES.. EapccurrencE}.......... 1,060.000 „$,,,,,,,,- I CLAIM64AADE V OCCUR 4.............._.� - j MED EXP. (Any one person],,,,,,,,,,, ,,11,,,10,000 A _._._ 463BMIU0548 1 1/4/2011 11412012 PERSONAL & ADV INJURY ....................... $ 1,000.000 ----- €............. ............................._............................_...... GENERAL AGGREGATE $ 2A00.000 LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 2.000.0D) $ hGEI"LAGGREGATE POLICY PRO- !LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident} j $ [ ANY AUTO BODILY €NJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY [Per accident] $ SCHEDULED AUTOS H I R EO AUTOS PROPERTY DAMAGE (Per accident) $ $ NON -OWNED AUTOS T UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ $ EXCESS LIAB CLAIMS-MADEAGGREGATET DEDUCTIBLE $ r $ RETENTION 5 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN WC STATU- LOTH_ ...............T07R .. �IpdI.TS.. ..._... ._..................... _................. ANY PROPR€ETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFFICEWMEMBEREXCLUDEDT El NIA ...............................................-....._ (Mandatory in NHl E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below ........I _ .._.._............._ E.L. DISEASE - POLICY LIMIT — ._..._ ................._ $ B ProfassionaI Liability (Errors and Omissions) TBA 84 CRL 1793 115/2011 11512012 Occurrence I Aggregate $1,DOD,000I $1,000,DD() DESCRIPTION OF OPERATIONS I LOCATIONS) VEHICLES (Attach ACORD 107, Additional Remarks Schedule, if more space is requlredk CERTIFICATE HOLDER CANCELLATION ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered (narks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL 113E DELIVERED IN 13000 Deerfield Parkway ACCORDANCE WITH THE POLICY PROVISIONS. Suite 1070 AUTHORIZED REPRESENTATIVE , Milton, GA 30004 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered (narks of ACORD State Farm Mutual Automobile insurance Company POLICY NUMBER 3437158-11330-1113 EFFECTIVE APR 30 2007 TO APR 30 2011 INSURED MPZ ARCHITECTS, PC VOL YR 2007 MAKE BMW MODEL X5 VIN SUXFE43557LO11237 AGENT TRUMMIE L PATFUCK 111 2243.859 PHONE [770]720-7200 COVERAGES A D2000 G2000 H R1 Current status of liability insurance coverage for this vehicle Is maintained by the Georgia Department of Motor Vehicle Safety. tt Its available to law onforcement agencles upon a registration chock. SEE REVERSE SIRE FOR ADDITIONAL COVERAGE INFORMATION t IF YOU HAVE AN ACCIDENT - NOT IFY THE POLICE IMMEDIATELY 1. Write down names, addresses, 3. Notifyyour agent proniptiy or log can telephr no numbers, arta license to siateiarm.c6re to inlimte the claim nutni�ers of persons involved and of filing fie. witnesses. AIsa wnte down the license plate number and state of EXMhVE POLtCYEXCLtMONS CAREFULLY. each vehicle invc4ved- Tws paRu DoEss Nidi cous77TuW ANY 2 Do not admit fault. Do not discuss pART OF yoVR wsURANCEG PoLicY. the accident with anyone except State Faor polim.011111111111111M .. 130-478o nGA.S rm SEE POLICY FOR FULL NAME AND DEFINITION A LFehlllty, L Physical oam*ga I]H©C Use of Nonownad Carse C Wdleal Payments R Car Rental Eapsre Z Leas of EamInga o Cemprehsnskra 91,H2 Car r6 a[sltsnd Travel Expvr,s� F Collision : 80% 5 watq ,est and was of sight G dupla n u UnUlgared Metwr VoW4;1e joifra rePc*4a->r;mA4) ` H Emefgeney Road Servide VE uninsured Motor Vehicle (Excess) City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Cyndee L. Bonacci, Parks and Recreation Director Submission Date: January 7, 2011 Meeting Date: January 19, 2011 Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Marietta Fence Company to Provide Demolition and Construction Services for Four New Dugouts at Bell Memorial Park in the Amount of $14,172.00 Background: The City of Milton is constantly evaluating improvements for Bell Memorial Park. Several small improvement projects are currently underway at the park including the removal of the four existing block dugouts with new chain link dugouts. The existing block dugouts are old and are showing signs of cracking. The existing dugouts are very outdated and do not allow spectators or parents to see into the dugouts or through the dugouts to the field of play. Discussion: Marietta Fence Company provided a complete quote with fair pricing for this project. They have done similar work for the City of Sandy Springs among others. This work is scheduled to be completed prior to the start of spring practices weather permitting. This agreement will be sent out for review and approval via the contract review period prior to the meeting on January 19. This project will be paid for with money set aside in Parks and Recreation Capital from HYA Reinvestment Funds. Attachments: A Construction Services Agreement between the City of Milton and Marietta Fence Company to Provide Demolition and Construction Services for Four New Dugouts at Bell Memorial Park in the Amount of $14,172.00 1 Construction Services Agreement Construction of Four New Chain Link Dugouts at Bell Memorial Park This Construction Services Agreement (the “Agreement”) is made and entered into this ____ day of _______________, 2011, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the “City”), and Marietta Fence Company a corporation with its principal place of business located at 1501 Canton Road, Marietta, Georgia 30066 (hereinafter referred to as the “Contractor”). W I T N E S S E T H : WHEREAS, the City requires these services to make necessary improvements to the baseball facilities at Bell Memorial Park; and WHEREAS, based upon Contractor’s bid to demolish, construct, install and provide the construction services as outlined in the proposal, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. 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 The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement (21 Pages); B. Project scope (1 Page), attached hereto as Exhibit “A”; C. Proposal and Bid from Contractor dated November 22, 2010 (1 Page), attached hereto as Exhibit “B”; D. Reserved; 2 E. Reserved; F. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and G. City of Milton Code of Ethics as defined in Chapter 2, Article VIII, Ethics Code of the City of Milton Code of Ordinances. H. Affidavit for the Contractor pursuant to O.C.G.A. Sections 32-4-122 and 36-91- 21(e). The affidavit must be supplied by all officers, agents, or other persons who may have acted for or represented the contractor in bidding for or procuring the contract, attached hereto as Exhibit “F”. In the event of any conflict among Exhibit 'A,' Exhibit 'B' and/or this Agreement, that provision operating most to the benefit of City shall prevail. Section 2. Project Description The Project is defined generally as follows: dugout replacement at Bell Memorial Park. Section 3. The Work The Work is specified and indicated in the Contract Documents (the “Work”). The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4. Contract Time Contractor agrees to complete the Project within 20 calendar days from the date of Notice To Proceed. Every effort will be made by Contractor to shorten this period. Section 5. Contractor’s Compensation; Time and Method of Payment Contractor shall be a lump sum, as stated in the proposal provide by Contractor and attached hereto, and shall not exceed $14,172.00. The City shall pay Contractor net thirty (30) days from the date of invoice for units provided to the City during the invoice period . No payments will be made for unauthorized work. Upon the City’s certification of Final Completion of the Project, an invoice should be submitted to City of Milton 13000 Deerfield Parkway Suite 107G Milton, GA, 30004 for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered. Section 6. Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such 3 changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. Section 7. Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. 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. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. 4 Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor’s profession and industry, Contractor will give written notice immediately to the City. E. City’s Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no responsibility for Contractor’s services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor’s Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor’s Representative ______________________ shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. H. Assignment of Agreement The 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. I. Responsibility of Contractor and Indemnification of City 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 5 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 negligent 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. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor’s expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to 6 allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor’s errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; 7 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 Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. 8 (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “C” and “D” that it and Contractor’s subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. 9 The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to terminate that person’s employment immediately and to report same to the Department of Homeland Security. The Contractor’s failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. Contractor’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor’s affidavit attached as Exhibit “D.” The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, 10 orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. O. 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. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Compliance with Laws Regulating Illegal Aliens The United States Congress enacted the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, which required the former Immigration and Naturalization Service (now the Department of Homeland Security) to establish a system for verifying the immigration status of non-citizen applicants for, and recipients of, certain types of federally funded benefits, and to make the system available to Federal, State, and local benefit-issuing agencies and institutions that administer such benefits. The Contractor covenants and declares that it is enrolled in the Basic Employment Verification Pilot Program, and that it has verified the employment eligibility of all its employees utilizing such program. Contractor shall likewise require all subcontractors or sub-consultants to verify the employment eligibility of all their respective employees utilizing the Basic Employment Verification Pilot Program. 11 Contractor shall provide documentation prior to commencing work under this Agreement, in a form acceptable to the City of Milton, affirming the Contractor’s compliance with this Section. Q. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. R. Key Personnel All of the individuals identified in Exhibit “E” are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the project team, as listed in Exhibit “E”, without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Agreement and shall be grounds for termination. Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. S. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. T. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor (“materials”) shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to 12 the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. U. Meetings The Contractor is required to meet with the 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 the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section 8. Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment to the City of Milton, in order for Contractor to complete the Work. B. City’s Representative Cyndee Bonacci shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative Section 9. Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10. Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third-parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor’s failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. 13 B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. 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. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared 14 invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or 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 CITY shall be sent to: City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 Attention: City Manager NOTICE TO CONTRACTOR shall be sent to: Marietta Fence Company 1501 Canton Road Marietta, Georgia 30066 F. 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. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. 15 [Marietta Fence Company] By: ____________________________________ Its: ____________________________________ [CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ MILTON CITY COUNCIL Joe Lockwood, Mayor ____________________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ Secretary of Owner should attest Give proper title of each person-executing affidavit. Attach seal as required. Executed in Duplicate _______________________________ of 2 16 EXHIBIT “A” Scope of Work Companies were asked for a quote to demolish four (4) existing dugouts (except for the concrete pads) at Bell Memorial Park and remove the debris as well as construct four (4) new chain link dugouts with metal roofs at fields #1 and #2 matching the existing chain link dugouts on fields #3 and #4. This project is being done in conjunction with other projects at Bell Memorial Park in the month of January. Time is of the essence as baseball season will begin again by the first of February. 17 EXHIBIT “B” Proposal 18 EXHIBIT “E” KEY PERSONEL Steve Scheider 19 EXHIBIT “C” STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit “F.” Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date _________________________________________ Title of Authorized Officer or Agent of Contractor _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 20__ ________________________________________ Notary Public My Commission Expires: ___________________ 20 EXHIBIT “D” STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date _________________________________________ Title of Authorized Officer or Agent of Subcontractor _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 20__ _________________________________________ Notary Public My Commission Expires: _________________________________________ 21 EXHIBIT “F” NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF GEORGIA CITY OF MILTON ________________________________________, being first duly sworn, deposes and says that: (1) He is ___________________________ (Owner, Partner, Officer, Representative, or Agent) of Marietta Fence Company (the “Bidder”) that has submitted a Bid to the City of Milton for the demolition and replacement of four (4) dugouts at Bell Memorial Park; (2) He is fully informed respecting their preparation and contents of the Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid was genuine and was not a collusion or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sha m Bid in connection with the Contract for which the attached Bid has been submitted to or refrain from bidding in connection with such Contract, or has in any collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Milton, Georgia or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Bidder has not directly or indirectly violated O.C.G.A. § 36-91-21(d). (Signed) ____________________________ (Name) Subscribed and Sworn to before me ______________________________ this ________ day of ______________________, 20____. Title ___________________________ ________________________ (SEAL) My Commission Expires _______________ Date END OF AGREEMENT City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Honorable Mayor and City Council Members From: Lynn Tully, AICP, Community Development Director Date: January 7, 2011 for Submission onto the January 19, 2011 City Council Meeting – Consent Agenda Agenda Item: Approval of Subdivision Plats CMO (City Manager’s Office) Recommendation: To approve the subdivision related plats and revisions stated below Background: The Milton Subdivision Regulations requires that the Mayor and City Council approve all Final Plats, Final Plat Re-recording, Revisions, and Minor Plats once the matter has been reviewed and certified by the Community Development Director in according with the Subdivision Regulations. Discussion: The following Final Plats, Final Plat Re -recording, Revisions, and Minor Plats have been reviewed and certified by the Community Development Director in accordance with the City’s Subdivision Regulations: Name of Development Action Comments The Shops at Windward Village Revise Property Lines between Tracts B & C Revision The Shops at Windward Village Revise Property Lines between Tracts A & D Revision Braeburn Phase II Final Plat Creates 21 Lots Braeburn Phase III Final Plat Creates 31 Lots Deerfield Green Phase 2 Final Plat Creates 28 lots Alternatives: Concurrent Review: Chris Lagerbloom, City Manager [Minor subdivision plat approval.mmo.010711] BOUNDARY DESCRIPTIONS: ID: BEARING: CHORD: ARC: RADIUS: L1 N86'02'34"E 12.48' L2 S61 30'37"E 41.79' L3 S61'30'37"E 11.61' TRACT AREA SUMMARY. 100.06' ARC 100.16' TRACT A 185888.07 SF 4.267 AC, TRACT B 37765.16 SF 0.867 AC TRACT 286763 TRACT 0 . 11 SF 1.347 AC. N N42044'23"E CH, 398.89, ARC 439.56' RAD. 290.80' COMMONWEALTH WAY (PRIVATE ROAD) S. Qz ti CONCRETE SIDEWALI PROPERTY LINE IS ALONG THE BACK OF CURB. APPROX, LAND LOT LINE NOO' i 44.71 NO3'58'28 "E CH. 100.06' ARC 100.16' RAD. 632.39 N09'54'51 "E CH. 30.95' _ ARC 30.95' RAD. 632;39 N08'O8'1 I CH. 20.62 ARC 21.03' RAD. 30.96' CONCRETE REFERENCE MATERIAL: PLAT OF ROBERT L. BOWEN ESTATE PREPARED BY KENNETH L. CARLISLE GEORGIA REGISTERED LAND SURVEYOR NUMBER 1503 DATED NOV. OF THE FULTON 7AND COUNTY,RECORDED BOOK 88, PAGE GEORGIA RECORDS. LIMITED WARRANTY DEED BETWEEN COGBURN ROAD, LP AND COGBURN ROAD INVESTMENTS, LP DATED DECEMBER 30, 1999 AND RECORDED A ED DEA BOOK RECORDS' PAGE 262 OF THE FULTON C LIMITED WARRANTY DEED BETWEEN FULTON WEBB ASSOCIATES LIMITED PARTNERSHIP AND COGSURN ROAD INVESTMENTS, LP DATED 20 2000 AN AT DEED BOOK PAGE 261ROF THE FULTON COUNTY, RECORDED GEORGIA RECORDS. 28815, SSTTREETL PREPARED OR: WINDWARD VILLAGE By PARKWAY, BY SH REY NELSON ANDASSOCTES,P PRIVATE DATED AUGUST 21, 2001. UTILITIES PROTECTION CENTER CALL FREE IN METRO ATLANTA 770-623-4344 1-800-282-7411H GEORGIA THREE WORKING DAYS BEFORE YOU DIG W CAUTION THE VnUTIES ARE SHOWN FOR THE coNTR6R' COMIENCE ONLY. FS THERE MAY OTHER unufNOTS M SHOWN ON 71ESE PLMLS. THE ENGINEER ASSUMES NO RESPONSIBIUIY FOR THE LOCATIONS SHOWN AND VERISFy IKF9E THE LOCATi05 O OR'UTIUfIES %ITHIN THE UMTTS OF THE WORK. ALL DAMAGE MADE TO EXISTING UTILMES THE TY CONTRACTOR SHALL BE BE THE SOLE RES OSlB0 Qze 10 D5 is REVISED COMMON PROPERTY LINE TRACTS 1 "B" AND "C" PER OWNERS REQUEST. CK c. CO tM° NWEEA�LT OADPOINT z S81'29'40"E CH. 89.40' ' ARC 90.11 L.L. LL RAD. 207.13' 104 "0 104 Ll CONCRET�IDEWALK n. / j raA•nfoinnC L3 20' SSE t ,: ;6'4 1050E Oki51.31 S74'49'07%d S .0� 1� S59'4 "�Ekttft -�-a CH. 43.86 ARC 44.55' RAD. 74.87', 1 o' LAND SCA E STRIP � 51Q'39'19"W 136.13' ' W PARCEL 2 TRACT 6 '� u448uj R79 SF - 0.033 AC. ' 1 Z9r9 d i S12,'22'57"W N76.5730 i 21.173' .0520--h ly S13'38'26'W TRACT A , :: + r8 S? it29ro S' 20' SSE �v` TRACT C i CH.29.51' A 29.51' • / // D 1377.98' S19.3¢'23"W 41.•00 11169. 0� 82.09 S' 4 S7 99F r.+ �;. i N48'24 09 E ',0 09 's•{:� CH. 76.82;8s?- t:'r'r, ARC 79..43 ; =n� o,.. 4 87 . RAD. 89.00 �::,:::•, ' r . g+ ' L/�:uyYr.:lt: tt:..................... 1\ t' ..�i1•. .i�..4.' »V,,.�.n♦ .u.l�jJf �,.�1 F•il / WATER QUALITY I N12'31 12 E - aW *,'___STRUCTURES 38.97' TRACT D ' 00 • ,1 r �o / C N7T26'38'1Y N77 26 38 / •.:.'+ 723 72 � 9 47' 4.60 533'3 64.20' / POI N7r43'12"WJ_"' CH. 32.62' 10' LANDSCAPE S11 ARC 32.62' N67*122 RAD. 2522.53' (o. k. v. WE'BQ wEa8 ROAD &k7 (60 R/W & VARIrES)NSIONi AREA THIS TRACT' 314,598.67 SQ. FT. 7.222 ACRES SUBDIVISION RECORD PLAT FOR: S67'58'16'W 51.22' MILTON RAW PARCEL 3 445.68.0' - 0.010 AC. S14 -3¢'23"W 27.91 4844�W qq A% S20' 5 3'1M � Z CH. 42.87 AR 42.88' RAD. 1434.74' CH/S22-56'54'W 75 39' o A. 75.40', O �� D. 1434.74 � Q 10',. LANDSCAPE STRIP Dar f7/W PARCEL 1 3$�0:17 SF - 0.088 AC. CRETE SIDEWALK 528'20'33"W CH 194.60' ARC 194.75' RAD. 1434.74' f OF BEGINNING: SSE pN OF THENORTHWESTERLY RIGHT-OF-WAY ?GIA jHIGHWAY 9 (RIGHT-OF-WAY VARIES) WITH THE rHERLY RIGHT-OF-WAY WEBB RD (60 R/W & VARIES) THIS PROPERTY IS ZONED MIX CONDITIONAL: PETITION #20Q3Z-0081 NFC AND 12003VC-0111 NFC. SEEISHEET 12 FOR DETAILS CRAPHIC SCALE 100' 0 50" Tuu THE SHOPS AT WINDWARD VILLAGE 1p THE CITY OF MILTON, 2ND GEORGIA FULTON CO., GA I DIST. 2ND SECT. 1 LAND LOTS 1041, 1042, 1047 & 1048 PJM LCE 1" = 100' �JO' DETENTION NOTE: DETENTION FOR THIS SITE HAS BEEN PROVIDED FOR OFF SITE. SEE ALSO:" HYDROLOGICAL ANALYSIS AND FLOOD PLAIN ANALYSIS FOR: THE HERMITAGE" PREPARED BY GEORGE W. NELSON, PE GA P.E. 8617 MOST RECENTLY DATED 10/19/1999. FLOOD HAZARD NOTE: LIMITSSUBJECT PROPERTY HAZARD WITHIN AREA AS DEFINEDBY THE .sFEQfRAL EMERGENCY MANAGEMENT AGENCY F:I.R.M. MAPS -. OF FULTON CO., GEORGIA (COMMUNITY PANEL NO. 13121CO057 E) DATED JVPE_22,,1998w. OWNERS/DEVELOPERSs WEBB ROAD PROMENADE, LLC 3328 PEACHTREE ROAD - SUITE 300 ATLANTA, GEORGIA 30,326 k e jjZ DcpoW / IC11'' . PRECISION OF SURVEY: THE FIELD DATA UPON WHICH THIS PLAT IS BASED HAS A CLOSURE PRECISION OF ONE FOOT IN 38371 FEET AND AN ANGULAR ERROR OF 0.4 SECONDS PER ANGLE POINT, AND WAS ADJUSTED USING LEAST SQUARES METHOD - THIS PLAT BE ACCURATESWIBEEN TH N ONE FOOT 1NFOR 88,30 CLOSURE AND IS FOUND TO FEET. LINEAR AND ANGULAR MEASUREMENTS WERE OBTAINED USING A TOPCON GTS -304 TOTAL STATION. 003 ENGINEERS, INC. Tel. (770) 998-5783 Fax (770) 843-4855 PAGE 1 OF 4 603 Macy Drive Boswell, GA 30076 BOUNDARY DESCRIPTIONS: 191071.94 SF ID. BEARING. CHORD: ARC: RADIUS: L1 N86'02340E 12.48' 26535.49 SF L2 S61'30'37'E 41.79' 53491.44 SF L3 S6130'37'E 11.61' =W QUW C1 N78'39'520E 18.80' 18.82' 121.53' L4 S19 2347'E 8.21' C2 S03'41'00"E 30.27' 30.66' 55.89' C3 N55'5957E 50.89' 56.97' 35.00' C4 S87'07'59"E 41.23' 41.4,3' 121.53' TRACT AREA SUMMARY: TRACT A 191071.94 SF 4.386 AC. TRACT B 37765.16 SF 0.867 AC TRACT C 26535.49 SF 0.609 AC TRACT D 53491.44 SF 1.228 AC. REFERENCE MATERIAL: PLAT OF ROBERT L BOWEN ESTATE PREPARED BY KENNETH L CARLISLE GEORGIA REGISTERED LAND SURVEYOR NUMBER 1503 DATED NOV. 6, 1967 AND RECORDED AT PLAT BOOK 88, PAGE 89 OF THE FULTON COUNTY, GEORGIA RECORDS. LIMITED WARRANTY DEED BETWEEN COGBURN ROAD, LP AND COGBURN ROAD INVESTMENTS, LP DATED DECEMBER 30, 1999 AND RECORDED AT DEED BOOK 28307, PAGE 262 OF THE FULTON COUNTY, GEORGIA RECORDS. LIMITED WARRANTY DEED BETWEEN FULTON WEBB ASSOCWTES LIMITED PARTNERSHIP AND COGSURN ROAD INVESTMENTS, LP DATED MARCH 20, 2000 AN RECORDED AT DEED BOOK 28815, PAGE 261 OF THE FULTON COUNTY, GEORGIA RECORDS. AS -BUILT SURVEY FOR: WINDWARD VILLAGE PARKWAY, A PRIVATE STREET, PREPARED BY SHIREY NELSON AND ASSOCIATES, INC. DATED AUGUST 21, 2001. UTILITIES PROTECTION CENTER (&CALL FREE IN METRO ATLANTA 770-623-4344 THROUGHOUT GEORGIA 1-000-262-7411 THREE WORKING DAYS BEFORE YOU DIG N42'44'230E CH. 398.89' ARC 439.56' RAD. 290.80' COMMONWEALTH WAY (PRIVATE ROAD) CONCRETE SIDEWAL PROPERTY UNE IS ALONG THE BACK OF CURB. APPROX. LAND LOT UNE N00'33'47"W 144.71' TRACT A #12990 N04'24'04 E=3 RAD' 6 CH. 109.44' N12'31'12'E ARC 109:58' - 25.33 RAD. 632.39 ..... = m-- N10'20'26"E > __;->� CH. ARC RAD. 21.53' 21.53' 632.39 ...... . 7 �� �yWATER =W QUW STRUCTURES NO8'08'11'W CH. 20.62' ARC 21.03' RAD. 30.96' CAUTION THE UITIMEs SHOWN ARE SHOWN FOR 7HE CONTRACTOR'S CoNV eim ONLY. THERE MAY BE OTHER ununES NOT SHOWN ON THESE PIANS. THE ENMEER ASSUMES NO RESPONSISILRY FOR THE LOCATIONS SHOWN AND R SHALL BE THE CONTRACTORS RESPONSWIUTY TO YEPoFY THE LOCATIONS OF AL UTILTES WRNIN THE LMpTS OF THE WORN. ALL DAMAGE MME TO DOSTING UTUTIES BY THE CONTRACTOR SHALL BE THE SOLE �'RE4PONSIB m OF THE CONTRACTOR CH. 32.62' 10' LANDSCAPE SIP ARC 32. N6712 42"K7- RAD. 2522.52.5 3' 27.05' WEBBN67'1232V-j (0k° W£ee ROAD X60'XlpjV SIGN) LL 104 AREA THIS TRACT.• 314,598.67 SQ. FT. 7.222 ACRES 20' 20' LL 1047 COMMONWEALTH POINT (PRIVATE ROAD) SB1'29'40"E CH. 89.40' ARC 90.11' RAD. 207.13' _ Li o� ThACT D 1299 '30"E L3 I N66'40'05"E .y 0 51.31' .o h =titi TRACT B #12998 TRACT C S22 �'19 99* RAD. 74.87'• 10' LANDS AEE 13.13' DOT R/W PARCEL 2 1448.779 SF - 0.033 AC. 29.51' 29.51' 1377.98' 2S S19 -4451V 2 A' 3 99F % S20' S'13"W Q Z CH. 42.87' y ?' 42.88' 1434.74 �'' S2�56'S4"W CH 75.39' Q' Ott i A, 75.40' V' o ' �D.1434.74' 10 LANDSCAPE STRIP Q OT R/W PARCEL 1 V0.17 SF = 0.088 AC. RETE SIDEWALK S28'20'33"W CH. 194.60' ARC 194.75' RAD. 1434.74' P OF BEGINNING: INTERSECTION OF THE NORTHWESTERLY RIGHT-OF-WAY GEORGIA HIGHWAY 9 (RIGHT-OF-WAY VARIES) WITH THE S67'58'16'W NORTHERLY RIGHT-OF-WAY WEBB RD (60' R/W & VARIES) 51.22' MILTON R/W PARCEL 3 445.68„SF - 0.010 AC. THIS PROPERTY IS ZONED MIX CONDITIONAL: PETITION 120037-0081 NFC AND 12003VC-0111 NFC. SEE SHEET 12 FOR DETAILS GRAPHIC SCALE 100' 0 50' 100' 200' T eyo rR.j Op,Y I' L' ty .. _ .--- -V -------- .G 03sine �:3ANxCR FT A0vinon FT . � EW 0 900 t 903 CIT:' LCi ' 90q TRI MAN 90 . : rRt , 6c .E ST .._ ._ff FityEO .-v USE ',ga°o.... SY MA Fob ' zif 969 o A4 Ft" 1 '...., aF Rr a 960 ;�N 970 RRIY w!1R� �s "..e ONAINYF ,• MA •• M V } t r N F 1042 L ! w4r r tO4t>: 9 f06o 1049 SLP R>JT`Pi11 �4 ` LOCATION MAP (SCALE 1-62000') DETENTION NOTE O MTON FOR THIS SIZE HAS BEEN PROVIDED FOR OFF SITE. SEE ALSO:' HYDROLOGICAL ANALYSIS AND FLOOD PLAIN ANALYSIS FOR: THE HERMITAGE' PREPARED BY GEORGE W. NELSON, PE GA RE 8617 MOST RECENTLY DATED 10/19/1999. ■� i � ► .: /LANG]! THE SUBJECT PROPERTY IS NOT CONTAINED WITHIN THE LIMITS OF A FLOOD HADlRD AREA AS DEFINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY F.LR.M. MAPS OF FULTON CO., GEORGIA (COMMUNITY PANEL NO. 13121CO057 E) DATED JUNE 22, 1998. OWNERS/DEVELOPERS: WEBB ROAD PROMENADE, LLC 3328 PEACHTREE ROAD - SUITE 300 ATLANTA, GEORGIA 30326 Plats PRECISION OF SURVEY. 353 Pg 1 @6 771E FIELD DATA UPON WHICH THIS PLAT IS BASED HAS A CLOSURE PRECISION OF ONE FOOT IN 38371 FEET AND AN ANGULAR ERROR OF 0.4 SECONDS PER ANGLE POINT, AND WAS ADJUSTED USING LEAST SQUARE'S METHOD. THIS PLAT HAS BEEN CALCULATED FOR CLOSURE AND IS FOUND TO BE ACCURATE WITHIN ONE FOOT IN 88,301 FEET. LINEAR AND ANGULAR MEASUREMENTS WERE OBTAINED USING A TOPCON GTS -304 TOTAL STATION. Tel. (770) 998-5789 Fax (770) 843-4855 PAGE 1 OF 4 803 Macy Drive Roswell, GA 30076 -54- -59- -60- N89V5'30"E /PF' (004' N.) 15 14 28 A=271.94' R=175.00' 27 16 C=N1172'19»E 41 245.39' 2s 17 AXLE A=124.21' 18 R=275.00' C=N46V5'06"W b PHASE.I/ 12316' 19 �V 4 iV s7634'00'\ N4876'24"W ON 502.65' -' 111.77' MCFARLIN LANE K8975 25 A=27Q33' R=335.00' 20 C -S2230'54 / 263.06' 21 KEN3/N97ON FARMS UNIT ONE ZONED R-2 -6!-62- ' � lPF -63-' - � 1340.22' i (O.16' N) 1 io 08' M ) 1312 A=274.93'/ R=175.00' C=S79V8'44I 247.52' 11 29 PHASE 11 AJ2O%4-1,.4. 9 8 z 33 7 24 34 s? ;� 23 ' 22 A=300.93' 35 �. =385.00' C=N36v51'27"W 29.333' j 3 39 I 38 37 36'n�i„ AMENITY =0'46'12'W, (FUTURE) 106.63' NOW OR FORMERLY BURMA T. PARKER ZONED AG -1 549V8'29OW 181.72' S8932'36"E 447.47' 1 "OTF 6 A=107.27' 7-R=175.00' C=S16'35'54"E 105.59' 5 PHASE /l -7-22, , HUNIHURY LAN£ A=26.70' , 4 f R=1700 R-lZOO C=S4537'40' C=N51'45'07"W 24.04_ ; 20.6 MCFARLIN LANE )I "-N A=26.74NN ' p9s, �, \ \ R=17.00' , » 44 40 41 42 4,$ ` � \ � C=S4504014 W -HAS :.1..L. 1.5" 07F N89'38'59"W 660.10' lPs , N897828» W IZT�71 45 1 46 47 PHASE ll1 48 674,13' �Ll3s� CRABAPPLE CROS4ROADS PHASE 1 ZOA&M MIXED USE 3 2 A=185.37' R-275.00' C=N69"57'03 181. 1 AXLE FNO. GRID NORTH GEORGIA WEST ZONE 150' 0 150' 300' 1 11 111 1111immililig OVERALL SUBDIVISION BOUNDARY OVERALL BOUNDARY 2695613 SgFt 61.89 Acres NOW OR FORMERL Y CRABAPPLE RRST EAPAST CHURCH ZONED AG -1 , i 50 ,y Q `r0 S397442"W IPF 0 z AXLE FANO. 'LL: x1096, 1097; -� IPF ro i (004' ,E) U) Z, -54- -59- -60- N89V5'30"E /PF' (004' N.) 15 14 28 A=271.94' R=175.00' 27 16 C=N1172'19»E 41 245.39' 2s 17 AXLE A=124.21' 18 R=275.00' C=N46V5'06"W b PHASE.I/ 12316' 19 �V 4 iV s7634'00'\ N4876'24"W ON 502.65' -' 111.77' MCFARLIN LANE K8975 25 A=27Q33' R=335.00' 20 C -S2230'54 / 263.06' 21 KEN3/N97ON FARMS UNIT ONE ZONED R-2 -6!-62- ' � lPF -63-' - � 1340.22' i (O.16' N) 1 io 08' M ) 1312 A=274.93'/ R=175.00' C=S79V8'44I 247.52' 11 29 PHASE 11 AJ2O%4-1,.4. 9 8 z 33 7 24 34 s? ;� 23 ' 22 A=300.93' 35 �. =385.00' C=N36v51'27"W 29.333' j 3 39 I 38 37 36'n�i„ AMENITY =0'46'12'W, (FUTURE) 106.63' NOW OR FORMERLY BURMA T. PARKER ZONED AG -1 549V8'29OW 181.72' S8932'36"E 447.47' 1 "OTF 6 A=107.27' 7-R=175.00' C=S16'35'54"E 105.59' 5 PHASE /l -7-22, , HUNIHURY LAN£ A=26.70' , 4 f R=1700 R-lZOO C=S4537'40' C=N51'45'07"W 24.04_ ; 20.6 MCFARLIN LANE )I "-N A=26.74NN ' p9s, �, \ \ R=17.00' , » 44 40 41 42 4,$ ` � \ � C=S4504014 W -HAS :.1..L. 1.5" 07F N89'38'59"W 660.10' lPs , N897828» W IZT�71 45 1 46 47 PHASE ll1 48 674,13' �Ll3s� CRABAPPLE CROS4ROADS PHASE 1 ZOA&M MIXED USE 3 2 A=185.37' R-275.00' C=N69"57'03 181. 1 AXLE FNO. GRID NORTH GEORGIA WEST ZONE 150' 0 150' 300' 1 11 111 1111immililig OVERALL SUBDIVISION BOUNDARY OVERALL BOUNDARY 2695613 SgFt 61.89 Acres NOW OR FORMERL Y CRABAPPLE RRST EAPAST CHURCH ZONED AG -1 , i 50 ,y Q `r0 S397442"W IPF 0 z h W In Of ro KN h U) Z, O $_� U Q m i W V) o o Z Q " J O h QnoJ � � aCozz L11 � Q m �I Z J C� O J p N ���� �'W I ie Aikil v41 al mmr I4A ( LLN 51 j � 11596' (0.15' s) (0.20' s) /Ps I SD ,d0» W 491 Q Rs S3921,36"W 1 9338 L E1 N8971'16"W 52 ` 50.00' (L.C� L09i 23Q90' IPFAPPRox L.L.L. 140_9e D2'46'57"W /PS _ - -- ---------------------- 90.28 BRAEBURN COMMERCIAL ��f3 S187948"W I N047852"W T0ly� (PB 345, PG. 55) I 52.47',-, 15.73' 1 yay S017029 W A= .33.41 N3730'49"W F`S'ti R W. IS 101.66' R- ,#6.38' 6428' 1 IPF IPF PROPERTY ZINE C= S3270'360W _ I N4141'f7"W 32.25' ' j 84.41' IPF N6373'55 W r00t�0'00"W OLD R.W. N528334'2 "y, 55'I h 73.87' 65.26' A= 47.32 " N S0944'10"E R= 36.75' N607051 W b 4742' C= S4075'09"E I 19.41 ` _N lE50170'02" 44.12' N60VX21 "W i --� py�P '9 IPF 8'41'10"W 68.78' 104.34 Wig' �, s' 9.19' S16'48'34"W A lPF 51.92' A= 30.29 R=28.89' 1 I 2 S0070'190E C S29 42'56"W IPF lPF 1 .� 101.80' 2Q92 I NO1Of'56"E IPF S`��g N64V4'45"W ?so2.. ISOO'36'17"E 1 59.26 1 72.24 se?� 50.17' I S65'33'170W N6150'51 "W I 129.23' . A= 35.96' /Ps R= 29.00' ' CRiWAPPLE PHASE SSROADS I� n� p�F � Pt 1 C= 7n '12"E ZONED MIXED USE N6373'55"W +�� r S01176'58"W _ 73.87' 51.46' vnr 10 LINE TABLE LINE BEARING_ HORfZ DIST L1 S33 -08.44"E 34.12' L2 N34'09'28'W 30.96' I � � I � I ohoi� \ i096 -56- w -54- KOVSING701V FARMS UNIT TWO TONED R-2 1097 10002• L.L Plats 35.�e P9 80 N. FS tw-1056.7 5.0' CURVE TABLE -, CURVE ARC RADIUS BEARING HORIZ DIST C1 233.43 175.00 S05 -04'01"W 216.50 C2 1 g.73 225.00 S '2 46"W 18.73' C3 58.22 225.00 N63'15 39 E 58.06 C4 15''5.47 225.00' S31'16 8 W 152.39 C5 101.41 225=" NOt'25 28W 100.56 C6 237.04' 175.00' N72`56 34T W 219.33' C7 314.14' 200.00' S79 -0918"E 282.83- C8 310.63' 200.00' N11'20'54"E 280.33' C9 37.89' 175.00' S62'03'03"W 37.82' C10 38.51 175.00' S49'35'04'W 38.44' I � � I � I ohoi� \ i096 -56- w -54- KOVSING701V FARMS UNIT TWO TONED R-2 1097 10002• L.L Plats 35.�e P9 80 N. FS tw-1056.7 5.0' tw-1056.7 AGL^6SSEE4J `prlr C -, 10' PRO VA 7r— �I tw-10556 tw-10.55.6 I 1'5 r rr t1 it tw-1054.0 , a w tw-1054.0 tw-10520 m � CONC. 49,55f Sit CONC. (WALL MFFF_=1057.80 WALL 6" DIAMETER curvur- 10428 GRID NORTH GEORGIA wFST ZONE VER77CAL DATUM IS NA VD 88. 60' 0 60' 120' KEN57NG7tW FARMS UNIT ONE ZONED R-2 I � I -SJ= -59+ I IPF IPF I (0.29' S) (004' N) I N89105'301E l— 205.28 �— 2411.16' r----1-- IPF 0.04' c) . PRCPosW 1 CONS£RVA 1?OW £ASFMOVT u COMMON AREA 1 184011soy 4.316 Acres DH -D A�d� I �I �PROPOSM CadSERVAnaw - EASEMENr i AS AtEASURFD FROM TOP a°- BANK ON EACH SIDE g— - -- -- _. - l 50' BUFFER BRICK FACED¢ ONCRETE WALL \ \ BRICK FACED CONC. WALL \ \ PROPOSED FEN. \ END FEN . -I 5' S.R. & \ z I h \ WIRE FEN. I �_ N LOT 13 , 1 \\ S / \ \ / Q�) 4Q516T Sgf tV, (SEE SHEET 6) SEE OCS DETA14 \ a�SO % 1.115 Acres \ DH --:C] ��\ 3118 MfFE=105760 m1 TRE£ �^ S I I \ �iSA�, \ 10' PRI VA TE ci. v 4 \j 1 \ \ o BENCHMARK \Am DH-� \ \sem 70P OF fH � I ` a: I EL£V=109271 124,191 Sort \ \ n' 94 ' �---- 2.851' Acres \< 10�, / q ( >A I 1 DETE 770M 1125 YR. HOE= 052. �� \ / h1• C� 100 W HME=105380 \ aec F ST..yo 3'E V5 W.STQP. Vtx.=67,570 woc FT \ \ 02 y05 , 00 VYR. W.. VtX =6 582 T. 5- ai MFFF=1057.80 or Ilk O 00 x q� s�4 � CT cr-Tom /HNE=1085.65 TREE SAW AREA t \\ttt \ \ tt \ as \ B \ I -Ilk / / / / /� BENCHMARK �770P C' fH WE SAVE AREA � m LOT 12 (SEE SHEET 6) ZA CD LTJ ~ o D u soh Co Q � O 0 ry ^U m J ON --:4 AVla-' Lf W AGL^6SSEE4J `prlr C SHEET 7 10' PRO VA 7r— �I SSE I I r rr t1 it « p « 47 0 , a w - I m � N NN75-39 49,55f Sit J.138 Acres MFFF_=1057.80 I4 5 e'lr�s h%FSJ 32 8 88' VA EFEJ SSE. \ w' LOT 17 \ N mV (SEE SHEET 7) 1 ` SHEET INDEX E , 1 NOT TO SCALE 4 I \ -61- I -62- t 1340.18' IPF (016' N.)I /HNE=1085.65 TREE SAW AREA t \\ttt \ \ tt \ as \ B \ I -Ilk / / / / /� BENCHMARK �770P C' fH WE SAVE AREA � m LOT 12 (SEE SHEET 6) ZA CD LTJ ~ o D u soh Co Q � O 0 ry ^U m J ON --:4 AVla-' r AGL^6SSEE4J `prlr C 10' PRO VA 7r— �I SSE I I 1-16- 16-49561 )n� I �o N NN75-39 49,55f Sit J.138 Acres MFFF_=1057.80 I4 5 e'lr�s 20' AW \ 32 8 88' VA EFEJ SSE. \ >> LOT 17 \ N (SEE SHEET 7) 1 ` E , 1 /HNE=1085.65 TREE SAW AREA t \\ttt \ \ tt \ as \ B \ I -Ilk / / / / /� BENCHMARK �770P C' fH WE SAVE AREA � m LOT 12 (SEE SHEET 6) ZA CD LTJ ~ o D u soh Co Q � O 0 ry ^U m J ON --:4 AVla-' r AGL^6SSEE4J `prlr C 10' PRO VA 7r— �I SSE I 1-16- 16-49561 DH -C 49,55f Sit J.138 Acres MFFF_=1057.80 I4 5 e'lr�s 20' AW \ 32 8 88' VA EFEJ SSE. \ >> LOT 17 \ N (SEE SHEET 7) /HNE=1085.65 TREE SAW AREA t \\ttt \ \ tt \ as \ B \ I -Ilk / / / / /� BENCHMARK �770P C' fH WE SAVE AREA � m LOT 12 (SEE SHEET 6) ZA CD LTJ ~ o D u soh Co Q � O 0 ry ^U m J ON No Text LINE TABLE LINE BEARING HORIZ DIST L1 N33'08'44"W 19.88' L2 N33'08'44"W 26.73' iTp GpG 2 Q CURVE TABLE L mo CURVE ARG RADIUS BARING H RIZ DIST C1 71.13' 325.00' N52 -45'15"W 70.99' C2 75.66' 325.00' N39'48'53"W 75.49' C3 73.86 2.24.87 N23'44 28OW 73.53 C4 135.50' 300.00' N46'05'06"W 134.35' iTp GpG 2 Q WSJ \ L mo SHEET INDEX NOT TO SCALE PIats 352 Pq 82 RFAA I 1 �1 LOT 16 1 1I - N y h ( 1 1 (SEE SHEET 5) 1 ' ' / \ a £ SAW AREA CD N 1 1 S'5,39'48"W L. 2S0' RVVAIE10 J /ryy z LLJ i% BENCHMARKW h o Ile 1.160 Acres '0170 50,541 SgFt y TGP OF FH / � � ELEV x1 ¢ N I �t�\��iS-Q J �\� \\ > ` c\ �` \�' / rye \ y�� Q AXLE FND. PROPOSED �� m 1 \ y 316 23• v —18- . i O ~ U OANSERVA7)OW - So\ ` ¢� pal' ; 47,864 SgFt / /� �1y r EASEMENT 1.099 Acres / / / / \ �iL < L1J NOW OR Fa14A/ERLY N PAM��S4LS LEE h \ t ` r / ✓ y U� \ ." 35,455 SgFt \ \ \ y 11 0.814 Acre L,�*4.316 MMON 1 g9.' REA 1 �, A ' \ \ \ — _ / / —ZO— % \ 30,372 SgFt oil sqf t / Acres r� ��. , ! \ \ �c 0.697 Acre / 11 Lli PROPOSED1. , O CaYSERVAnaN \ \ \ LOT 21 = o Qo EAswENT `J� \ \ \ (SEE SHEET 9) j \ PP Nr �Ps• �`� . 5yy 31k� • \ \ '`� \ \ � u... Z J O � O d ;, m O \ moo\ Ar���`? :\ ` \ y3z"6� \� o Cf \ \ 1 � 9�,, \ \ \ \ \ \ \ \ Q J �\\.. � Mme/ ItIp \ `\r TREE \ AM Lj 60' 02 SgFtrY A U N \ \ \ \ \ BENCHMARK ����\ \\ \\ �{ / 1.380 Acres < O \\N J TREESAb£ \ \\ ELELEv�r 5.45 1F �' ►F tf �ry 570.50' \ _ \\\ / W / 109 us L.LL. 1.5" 07 LLL ,yO,k1� 1/3��yM1 I !-- 136 GRID NORTH GEORGIA wST ZONE ° IP WR77CAL DATUM /S NAW 88. FVL MOWN COUNTY a,/. S. % MONUMENT F015 � 60 0 60 120 Fl/L7DN COLWrY' GI -S, MONUMENT F215 58975'411r FUTURE DEVELOPMENT (PHASE ///) \ \ \ COMMON\ . AREA 2 102,273 SgFt x:348 Acres p PP \ FUTURE DEVELOPMENT (PHASE 334 82' \ PP 204.33' CRABAPPLE CROSSROADS PHASE 1 ZONED MIXED USE 7 10 11 r--�– o I ea. I I I PROPOSED I aW TEMPORARY CUL—DE—SAC z 109 us L.LL. 1.5" 07 LLL ,yO,k1� 1/3��yM1 I !-- 136 GRID NORTH GEORGIA wST ZONE ° IP WR77CAL DATUM /S NAW 88. FVL MOWN COUNTY a,/. S. % MONUMENT F015 � 60 0 60 120 Fl/L7DN COLWrY' GI -S, MONUMENT F215 58975'411r FUTURE DEVELOPMENT (PHASE ///) \ \ \ COMMON\ . AREA 2 102,273 SgFt x:348 Acres p PP \ FUTURE DEVELOPMENT (PHASE 334 82' \ PP 204.33' CRABAPPLE CROSSROADS PHASE 1 ZONED MIXED USE 7 10 y� \ moo. y\• `so. I` BRAEBURN FUTURE AMENITY AREA (OUT) 60,102 SgFt 1.380 Acres I TOP OF FH ELEV-1098 YR. 100 YR. \\ HW€=1096.13 xaj:A TREE SAW AREA (TYR) FUTURE DEVELOPMENT' (PHASE ///) LINE OF SIGHT '' 11 2134 LINE TABLE 289.57'IRRIGA77ON BEARING HORIZ DIST L1r WELL TO BE L2 S50'38'24 E 6.08 COMMON AREA 6 FILLED AND CAPPED. • II 26,68' LINI T 7,226 tDH-D S44'16'59"E 24.03' ESO(T.) T�NJ�rESAEVr(TSP0.395 Acre 100 W. \ I \ \ COMM6N AREA\2� 102,273 SgFt - ` 2.348 Acres FUTURE DEVEL OPTEN7- (PHA SE (PHASE lll) \ N, 100 HWE=1097.22 FUTURE DEVELOPMENT (PHASE ///) I� 1 >f tr•- N897828"W 674.13' CRABAPPLE CROSSROADS ZONED MIXED USE PHASE 1 LINE TABLE LINE BEARING HORIZ DIST L1r N00'57'40"E 19.50' L2 S50'38'24 E 6.08 L3 N81'30'16"E 35.22' 100 HWE=1097.22 FUTURE DEVELOPMENT (PHASE ///) I� 1 >f tr•- N897828"W 674.13' CRABAPPLE CROSSROADS ZONED MIXED USE PHASE 1 Plats 352 Pg 83 / LOT 6 ��MCPERNOUS \ ` 1 DEMAIRON POND ,/12 25 YR. HWE-1073.77 (SEE SHEET 10) - \\ ��\ �`�1,p, s'A 100 M. HWE 1075.J8 25 )R. 5707 VOL. -221,628 CU FT. 100 M. S70R. WL.=288.374 CU. FT. cn D£1EN77001 POND 428 (PROPOSED) n N 25 M. HWE=1084.88 / e� `� �2\ \ ! \ 100 YR. HOE=1085.23 % rppo o�q ` \\ \ . nF�COMMON I AREst 4 f� 25 W. STOP. V L=62,389 CU. FT. _\ 51,285 Sq. Ft. \ 100 W. S7AR NX.=6415BLYJ fT�� o�F� 1\ \ - A�, 1.177 Acres_, II II I 171 n1 PROPOSED y \ \\ 100 M. HWE 4 1 1 PROPOSED _- LOT 5 � I QI 48 RCP � � �\ DH -D PROPP .C.S. �� - _ _; cont. v-notchl I b I I (SEE SHEET 10) 2 1 1 0. C. S. < 1\ 10' PROPOSED �\ \ �� wo//s (to be removed) In FENCE 2544»E 19'80'!HWG\ I I 131.69' 147.15' 44 i\ ` I k I 3 I 58927140 E" �` II �\ \ - / 1 \ II v rI - 25' B. L. 12.65' I I �\ - - / proposed! ` \� \''�' td 3 1- _ I ! B.L. ��__ /11 gate IW ' L� proposed -7 1 `\._.x \1 1 \ \� N `� ttiVVV� Q I I 5' wooden I5's.r. k wire fen. 11 m O -4- N baffle fen. -,,�_ (to be removed) Ila Im 1 0443 Acres 21 568 SgFt oFt to^,ry/ // y \• `��--�� t ♦!� \\\. �o to a 2 0.495 Acre O� // If C) ? p H I DH -B , I I ry/ I, (j � _2_ - --- a a 1 I "' I m1 1% DH -B �:e 1 ,85630 ASgFtcres \\ Q II v I I 2132 "'1 Ih MFFE=1090.00 / DH -C ��/ * I 20' e.L. J L 2130 / �/.°;,- 0 43 - - - _pp • f O MFFE=1090.00 � A�QLa ,104.70 =17 Bim' l 10 `V� NO U77LI77ES 5 I pay �`4/°�/ �\ SHALL BLL#,W '� J� •'S6 _ 1-1 ` ACCESS ESMT. 1 ..i m 124.68' 22.18'>3 \ \ 728 �YY 22,887 SgFt NI y / /V 0.525 Acre 0j6 ,�pco ss\\ / h� DH -C I MFFE=1090.00 i GRID NORTH GEORGIA WEST ZONE VERTICAL DA TUM IS NA VD 88. 60' 0 60' 120' I I L.L. LANDSCAIE 1097 ESM TF - S/ I ;£ I FUTURE DEVELOPMENT (PHASE lll) LANDSCAPE L.L. ESMT 1098 I 49. W- _ IPF N8971'16"W 230.90' N047852"W 15.73' 1 N37'50'49 "W� 64.26' 11411 11 NI SAA SHEET INDEX NOT TO SCALE T�9 G TOyG� �� vC,c\O�FiS s 'Qo '90 IPF N6070'51 "W IPF 19.41' a f0 CRAegpA l -e4v pyq °Qos S,P0 &P rroF�� FSJ �A Ar1i AW I') -Z a2 r 8 MIA CURVE TABLE CURVE ARC RADIUS EAI HORIZ =1 Ct 26,68' 17.00' S44'16'59"E 24.03' C2 102.74 325.00 S78-1,3'27"-E----1-0-2-,3-2r- 78'13 27 E10232C3 C3 91.11 175.00 N1,3'57'1 T`W 90.08 C4 26.70 17.00 N45'57 40 E 24.04 C5 108.94 385.00' 522'3419 E 108.57 C6 22.13' 17.00' N51'45'07E 20.60' C7 21.54 17.00 N51-40'367 20.12 C8 19.76 385.00 S00'50'2 T E 19.76 C9 26.67' 17.00' S44'18'54'E 24.02 C10 26.64' 17.00' N45'50'59"E 23.99' C11 26.70' 17.00' N44'02'20"W 24.04' C12 27.67 17.00 544'19 32 W 24.72 C1 31 105.23' 325.00' S59'53'32"E 104.77' C14 87.19' 275.00' N59'43'27W 86.82' C15 77.92' 275.00' S76'55'22"E 77.66' C16 27.96 17.00 N47'50 57 E, 24.91 C17 11.24 325.00 N88-16'1 6 W 11.23 C18 17.03' 100.00' N07'48'49 E 17.01' C19 317.48' 360.00' N33'45'36W 307.29' C20 59.42' 360.00' NO3'46'02"W 59.35' C21 122.59 200.00 N16'35 54 W 120.68 C22 202.22 300.00 S69-57 03'E 8.74-27-1 C23 20.26 275.00 N87'09 03 W 20.26 Plats 352 Pg 83 / LOT 6 ��MCPERNOUS \ ` 1 DEMAIRON POND ,/12 25 YR. HWE-1073.77 (SEE SHEET 10) - \\ ��\ �`�1,p, s'A 100 M. HWE 1075.J8 25 )R. 5707 VOL. -221,628 CU FT. 100 M. S70R. WL.=288.374 CU. FT. cn D£1EN77001 POND 428 (PROPOSED) n N 25 M. HWE=1084.88 / e� `� �2\ \ ! \ 100 YR. HOE=1085.23 % rppo o�q ` \\ \ . nF�COMMON I AREst 4 f� 25 W. STOP. V L=62,389 CU. FT. _\ 51,285 Sq. Ft. \ 100 W. S7AR NX.=6415BLYJ fT�� o�F� 1\ \ - A�, 1.177 Acres_, II II I 171 n1 PROPOSED y \ \\ 100 M. HWE 4 1 1 PROPOSED _- LOT 5 � I QI 48 RCP � � �\ DH -D PROPP .C.S. �� - _ _; cont. v-notchl I b I I (SEE SHEET 10) 2 1 1 0. C. S. < 1\ 10' PROPOSED �\ \ �� wo//s (to be removed) In FENCE 2544»E 19'80'!HWG\ I I 131.69' 147.15' 44 i\ ` I k I 3 I 58927140 E" �` II �\ \ - / 1 \ II v rI - 25' B. L. 12.65' I I �\ - - / proposed! ` \� \''�' td 3 1- _ I ! B.L. ��__ /11 gate IW ' L� proposed -7 1 `\._.x \1 1 \ \� N `� ttiVVV� Q I I 5' wooden I5's.r. k wire fen. 11 m O -4- N baffle fen. -,,�_ (to be removed) Ila Im 1 0443 Acres 21 568 SgFt oFt to^,ry/ // y \• `��--�� t ♦!� \\\. �o to a 2 0.495 Acre O� // If C) ? p H I DH -B , I I ry/ I, (j � _2_ - --- a a 1 I "' I m1 1% DH -B �:e 1 ,85630 ASgFtcres \\ Q II v I I 2132 "'1 Ih MFFE=1090.00 / DH -C ��/ * I 20' e.L. J L 2130 / �/.°;,- 0 43 - - - _pp • f O MFFE=1090.00 � A�QLa ,104.70 =17 Bim' l 10 `V� NO U77LI77ES 5 I pay �`4/°�/ �\ SHALL BLL#,W '� J� •'S6 _ 1-1 ` ACCESS ESMT. 1 ..i m 124.68' 22.18'>3 \ \ 728 �YY 22,887 SgFt NI y / /V 0.525 Acre 0j6 ,�pco ss\\ / h� DH -C I MFFE=1090.00 i GRID NORTH GEORGIA WEST ZONE VERTICAL DA TUM IS NA VD 88. 60' 0 60' 120' I I L.L. LANDSCAIE 1097 ESM TF - S/ I ;£ I FUTURE DEVELOPMENT (PHASE lll) LANDSCAPE L.L. ESMT 1098 I 49. W- _ IPF N8971'16"W 230.90' N047852"W 15.73' 1 N37'50'49 "W� 64.26' 11411 11 NI SAA SHEET INDEX NOT TO SCALE T�9 G TOyG� �� vC,c\O�FiS s 'Qo '90 IPF N6070'51 "W IPF 19.41' a f0 CRAegpA l -e4v pyq °Qos S,P0 &P rroF�� FSJ �A Ar1i AW I') -Z a2 r 8 MIA No Text 5 35 RPq , � an plats Ca r court Cle k oeGou y,oGeorgi Fulton WALL DErA1L 75'IMPERNOU� SETBACK 50' UNDISTURBED BUFFER - LOT 9 (SEE SHEET 6) NOT 70 SCALE tw-10779 tw-1077.8 78.3' ro 4. 136.4' TO END WALL END WALL tw-10752 12" PVC �1NV.=107258 O O O O O 12" PVC O O 12" PVC INV. =1072 65-1\\_1NV,=1O72.7O 12" PVC 12" PVC INV.=1072.67 .INV.=1072.69 3" PVC 12" PVC 12" P'VC O INV.=1059,77 INV.=1070.80 INV.=1070.77 -1058.96 4.0' _ WA7ER SURFACE AT 1057.76 LOWER WEIR \ 20' ACCESS ESMT. CURVE TABLE TO COMMON AREAS CURVE ARC RADIUS BEARING HORIZ DIST C1 80.54 225.00 S09'17 35 E 80.11 C2 122.59' 200.00' S16'35'54"E 120.68' C3 57.38' 225.00' S26'51'09"E 57.22' 5 35 RPq , � an plats Ca r court Cle k oeGou y,oGeorgi Fulton WALL DErA1L 75'IMPERNOU� SETBACK 50' UNDISTURBED BUFFER - LOT 9 (SEE SHEET 6) NOT 70 SCALE tw-10779 tw-1077.8 78.3' ro 4. 136.4' TO END WALL END WALL tw-10752 12" PVC �1NV.=107258 O O O O O 12" PVC O O 12" PVC INV. =1072 65-1\\_1NV,=1O72.7O 12" PVC 12" PVC INV.=1072.67 .INV.=1072.69 3" PVC 12" PVC 12" P'VC O INV.=1059,77 INV.=1070.80 INV.=1070.77 -1058.96 4.0' _ WA7ER SURFACE AT 1057.76 LOWER WEIR \ 20' ACCESS ESMT. 25 YR. HWE=1064.88 TO COMMON AREAS 100 YR. HOE -1085.23 5' wooden - 25 W. STOR. WIL-62,389 CU. Fr baffle fen. 100 W. STOR. WL=68,158 CU. FT. CIry B� RBEO' �\ Stl K LOT 3 LOT 4 n\ I (SEE SHEET 8) \70° I \\ ~ \ 35,315 SgFt 0.811 Acre J 26, 030 SgFt 0.598 Acre NII \ P , \ � � \TEs G04 , �g.E � ,a ot55 10 65 88 ay P EP 8�'i' q \ 20' ACCESS ESMT. ' _`►��Z6 SPcte TO COMMON eREA. Wr ,+2A LINE OF SIGN ESMT. (TIP.) Gaza IRRIGA77ON WELL TO BE FILLED AND CAPPED. • COMMON AREA , 125.62\ 6 . ono \\N 30,176 SgFt I \\� 0.693 Acre DH -C I 75' IMPERNOUS 0TE 79.38 I SE78ACX y \\ B.L. I 2�5'S6i E n \ 5 j5 46 N \ \ h I —5— j� �I 46,011 SgFt it 11.056 Acres WI DH—C N—JI I MFFE=1079.38 r I I \ a I---- SHEET INDEX NOT TO SCALE NOW OR FORMERLY BURMA T. PARKER ZONED AG -1 �0 PROPO PROPOSED h 48 RCP PROPO� 0. C. S. FENCE D£7EN770N POND 128 (PROPOSED) IWAMMUM 25 YR. HWE=1064.88 proposed --- 100 YR. HOE -1085.23 5' wooden - 25 W. STOR. WIL-62,389 CU. Fr baffle fen. 100 W. STOR. WL=68,158 CU. FT. CIry B� RBEO' �\ Stl K LOT 3 LOT 4 (SEE SHEET 8) (SEE SHEET 8) NO U77LI77ES I SHALL BLOCK 1 100 M. HWE ACCESS ESMT. � � \ 1 2 6 conc. v—notch I 2 walls (to be removed)I t e 1 I Lo \\\ W x \\ \\ \\\\ I \\ N AS t man SHEET INDEX NOT TO SCALE NOW OR FORMERLY BURMA T. PARKER ZONED AG -1 �0 PROPO PROPOSED h 48 RCP PROPO� 0. C. S. FENCE D£7EN770N POND 128 (PROPOSED) 25 YR. HWE=1064.88 proposed --- 100 YR. HOE -1085.23 5' wooden - 25 W. STOR. WIL-62,389 CU. Fr baffle fen. 100 W. STOR. WL=68,158 CU. FT. CIry B� RBEO' �\ Stl K LOT 3 LOT 4 (SEE SHEET 8) (SEE SHEET 8) NO U77LI77ES I SHALL BLOCK 1 100 M. HWE ACCESS ESMT. � � \ 1 2 6 447.53' LL\ 20' D.L7 \ & A. E. \ -SEE WALL DE'rAIL \ \ ss: \ O � h > II W"oio I ::D O O O Q � M o�FsJ n A w DE7EN77ON POND 42 25 W. HWE=1073.77 100 YR. HOE -107538 25 YR. STOR. VOL. -221,628 CUBIC FT. 100 W. STOR. VOL.=288,374 CUBIC FT. AXLE FND. A-- - 321.91 ' \\ i 1 COMMON AREA 4 51,285 Sq. Ft. \\ \ 1.177 Acres DH—D \ �-oo 75 IMPERVIOUS CIry B� RBEO' �\ Stl K G' 1 100 M. HWE � � \ 1 2 6 conc. v—notch I 2 walls (to be removed)I t e 1 I Lo \\\ W x \\ \\ \\\\ I \\ N AS t �5' s.r. (to be removed) \\ / yy ------------ 1 l Q � ------- LOT 2 (SEE SHEET 8) BENCHMARK TOP OF FH 7E WAWPI S BUFFER 'F` t \ N ` w \\ ,B. LOT 1 Cp 1 \ (SEE SHEET s) IPs LINE OF SIGHT - ESMT. (TIP.). rW V ) O � O O h CG �o O Q Qr Q) cl� II _j 1 h J O O Q3 �Q) Q h N O C)_Q) h M o LLJ o ��o o W �N O W 10 GRID NORTH GEORGIA WEST ZONE FUTURE DEVELOPMENT I z VERTICAL DATUM IS NA VD 88. (PHASE lllJ I Q-"'& / O so' o so' 120' I h FUTURE DEVELOPMENT o o�,l'Tp Q (PHASE Ill) � S (OLIN 064� -57- I lPF -56- AXLE OND. (I l R=275.00' C=N69:57103'W IPF �- (0.04' E.) -54- -59- 15 A=271.94' R=17500' 16 C=N1172' 245.39' KDV&NGr0V FARMS UW1r ONE ZONED R-2 1� 1 i -80- E ` -61- (IPF -62- lPF 63 \, IPF -64- N89V5'30"\ 134022' ' (0.16' N.) 0.08' N. (0.11' N.) TPF (0.04' N.) X�O 12 13 A=274.93' 14 R=175.00' C=S79V8'44"E 247.52' 11 28 17 g�.26 25 AXLE --_FND. A=124.21' 18 R=275.00' s9, N C=N46V5'06"W si' PHASE # 1231s' 'P.J.19 -44 w \ tz \ \ CIO f2' 576;34'00'\ l N482624"W ON 50265' FARUN LANE\\ N8975i A=270.33' R=335.00' 20 C=52230'54"E / 26J 06' 21 .,i 6 � 29 30 31 PH SE ll' 32 24 r 23 22 A=300.9 AMENITY 52016 ' (FUTURE) 62 �C \ \ A=26.74' ' `C°g�' \ \ \ R=17.00' \ C=S45"40'14"W 44 40 41 42 1 43 \ \\ 24.07' -Y.5-07F 10 9 PHASE 11 33 '-",\ \ 7 34 35 391 38 1 37 136 ASE Jll \~\ \\ \ \ V89'38'59"W 660.10' rps N8978'28"W Plats 352 Pg 89 /ps - J.LL. S49V829"W -181.72' S8932'36"E i OTF 6 A=107.27' 7-R=175.00' C=S1635'540E 105 59' I 5 PHASE 11 HUNWRY LANEA=26 70' 4 R=17.00' C=545:57'40' McFARUN LANE NOW OR FORMERLY Mh'?MA r. PARKER ZONED AG -1 GRID NORTH GEORG4A WEST ZONE 150' 0 150' 300' OWRALL SUBDIV1510N BOUNDARY AXLE 47' FND. -�-�- -_ OVERALL BOUNDARY 2695813 SgFt 61.89 Acres 2 3 A=185.37' y R=275.00' C=N69:57103'W r81.8a' 1 !PS NOW OR FORMERLY CRA9APPLE FIRST 9AP17sr QHURGW ZONED AG -1 50 y IPF C� Li >00 w°o 'KN z I C5 O 0 ry //Q m (.J L.L J O O h O J WZ tl o) O �;II J 2 Q�04� Q� Uj�H © N Q O d O 1 i� Z3 W ry �, S39 ?4 42"W (D 15' S.) (0.20' S.) t • " , 097 1 f �\ `'>'s• 11596' � 1 5017000 45 46 47 L-� 491 51 �a .P�. 93. MI L. a'? S3921'36"W PH SE I 1V8971'16"W 52 ?I 50.00' PHASE l �Lo , 0246'S7"W 2-V.90' IPF APPROX. L.L.L. 90_.28' 674.13' Lam\ IPs 'L L, `� BRAEBURN " I f3s1 COMMERCIAL �1 S187948 W (PB 345, PG. 55) 5247' -, I NO f58'32`W'y I 341-� / 1 • S0170'29'W a 134 N37"30'49"W �`T ti R. W. IS 101.66' R= 36.38' 64.28' IPF lPF PROPERTY UNE C- S3270'36"W CRABAPPLE CROSSROADS I N41'41'17"W . 32.25 PHASE 1 (�� 84.41' I IPF N6373 55 SOOVD'00" OLD R. W. ZONED MIXEo USE 73 87' A= 47.32' N52'3426"W q os as �� 83.55'. � i N 509'44'10"E 8 C= S40 5 . " N6070 51 W '0 47.42' " C= S40�5 09 £ I 19.41' _V4 4c S017002 44.12 ' IPF 68.78' N60V3'21"W =--14 '41'10"W A 104.34' i "=$ �9� 9.19' S16V 51.92' A= 3029'liL 1 A JPF R= 28.89' ' I 50020'19"E C- S29 042156V 1 Z IPF IPF 101.80'28.92' 1 45 NO1V1'560E IPF 55� 5ko 6722, "W �� 1S050.1, E 1 59.26' 1 S63 331177W N61'50'51 "Wt h' �p�,� A= 35 96' 129.23' 86.44' �v4,C= S53'48'12"E � Ips R= 29.00' 1 � I { cRASAPPLEPHASE SSROADs >� tiora �,�,F POB 33.70' ZONED MIXED U3E N6373'55 W��,y SO1V6'58`W 73.874 51.46 m LINE TABLE LINE BEARING HORIZ DIST L1 N33'08'44"W 34.12' L2 534'09'28"E 30.96' I •J I 1065 LLL.-----�-•_---- o� aff-M -54- KENSINGTQV FARMS avir Twu ZONED R-2 O�1 OCS DETAIL CURVE TABLE CURVE ARC RADIUS BEARING HORIZ DISI' C1 233.43 175.00 NO5004 01 E 216.50 C2 38.51 175.00'wN49" 53 04"E 38.44' C3 37.89' 175.00' N62"03'G3 E 37.82' C4 237.04'1T 75— 0 �S72'56'34 EE 219.33 curour- 314.14' 266.0Y—SMO - 8 E 282.6 �j EC5 C6 310.63' 200.00' N1170'54"E 280.33 ' I •J I 1065 LLL.-----�-•_---- o� aff-M -54- KENSINGTQV FARMS avir Twu ZONED R-2 O�1 —57- 100. 02' 57=100.02' AS MEASURED FROM TGIF OF SANK GN —r— CANSERVA MV r/ 6 EASEMENT i J IPF 004' E.) I r I I I COMMON AREA 1 184011sc1Ft 4.316 Acres Com] to I �w I oI _ �I I PRCR G10NSEOVA RVAT/CW -•• EASEMENT I I I R` SEE�QCS, DETAIL ji ^ —59— GRID NORTH GEORGIA WEST ZONE VERTICAL DATUM IS NAW 8B. 60' 0 60' 120' IPF (0.04' KOVSING7GYV FARMS UNIT ONE ZANED R-2 L)1 N89VS'30"E 241.,6' BRIM FACED CONC. WALL END FEN. \\I c t i� � � I 1 DEMMOW POND 0 25 YR. HKE=105258 J 100 M. HWf=1053.80 J' ( 25 YR. SMR. VfX.-67,570 CYC FT, j I ' AV M. SICK' 1ofg'..=&$582 aM Fr. All 1 ` ;y >� OCS DETAIL -M-U. tw-1056.7 5.0' tw-1056.7 3 r_� tw-1055.6t-`- w-10556 tw-1054.0-1.5' tw-1054.0 tw-1 20 CONC, CONC WAG'. WALE. 0 o DIAMETER PHASE fl 1, B curour- -6" ,0428 —57- 100. 02' 57=100.02' AS MEASURED FROM TGIF OF SANK GN —r— CANSERVA MV r/ 6 EASEMENT i J IPF 004' E.) I r I I I COMMON AREA 1 184011sc1Ft 4.316 Acres Com] to I �w I oI _ �I I PRCR G10NSEOVA RVAT/CW -•• EASEMENT I I I R` SEE�QCS, DETAIL ji ^ —59— GRID NORTH GEORGIA WEST ZONE VERTICAL DATUM IS NAW 8B. 60' 0 60' 120' IPF (0.04' KOVSING7GYV FARMS UNIT ONE ZANED R-2 L)1 N89VS'30"E 241.,6' BRIM FACED CONC. WALL END FEN. \\I c t i� � � I 1 DEMMOW POND 0 25 YR. HKE=105258 J 100 M. HWf=1053.80 J' ( 25 YR. SMR. VfX.-67,570 CYC FT, j I ' AV M. SICK' 1ofg'..=&$582 aM Fr. All 1 ` ;y >� i� 50' SHEET INDEX NOT "TO SCALE \ -61- I -62- -60- IPF' 1340.18' (0.16' N.)I Plats 352 Pp 90 BRICK FACED CONCRETE WALL PROPOSED FEN. 8RAESURIV PHASE 11 10' PRIVATE SSE. — 20' PRIVATE BE CHMARK roP FH EZEV.=1092.71 o +i -24 24213 0.648 DDHH !HfE=108565� -27 I M 21698 .SgFt \ \ \&A\ \ 0 498 Acre \ \\ �� N tDH --B \� 55 \ VIC \ \ \N 21,787 SOR NN \ �� 0.500 Acro SgFt ecu' \ \ DH -B Acro "� \ / TREE 5AVE AREA rW V1 � C-:) Q TREE 5A W Q)Q �; I I n zw Ij 15563 \ -SIN 18,627 0.428 Acre 51 \\N� DH—B /5 0190 2 V / - Se. V ncv_r�nn \ �\ v TREE SAVE AREA 5 1055£ArE G N i i N URN RHA o ' 1 PHASE fl 1, B Mir '` �� , ► `� 20' P61VAXSSE i� 50' SHEET INDEX NOT "TO SCALE \ -61- I -62- -60- IPF' 1340.18' (0.16' N.)I Plats 352 Pp 90 BRICK FACED CONCRETE WALL PROPOSED FEN. 8RAESURIV PHASE 11 10' PRIVATE SSE. — 20' PRIVATE BE CHMARK roP FH EZEV.=1092.71 o +i -24 24213 0.648 DDHH !HfE=108565� -27 I M 21698 .SgFt \ \ \&A\ \ 0 498 Acre \ \\ �� N tDH --B \� 55 \ VIC \ \ \N 21,787 SOR NN \ �� 0.500 Acro SgFt ecu' \ \ DH -B Acro "� \ / TREE 5AVE AREA rW V1 � C-:) Q TREE 5A W Q)Q �; I I n zw Ij 15563 \ -SIN 18,627 0.428 Acre 51 \\N� DH—B /5 0190 2 V / - Se. V ncv_r�nn \ �\ v TREE SAVE AREA 5 LINE TABLE LINE BEARING HORIZ DIST L1 N33'08'44"W 34.12' L2 534'09'28"E 30.96' I •J I 1065 LLL.-----�-•_---- o� aff-M -54- KENSINGTQV FARMS avir Twu ZONED R-2 O�1 OCS DETAIL CURVE TABLE CURVE ARC RADIUS BEARING HORIZ DISI' C1 233.43 175.00 NO5004 01 E 216.50 C2 38.51 175.00'wN49" 53 04"E 38.44' C3 37.89' 175.00' N62"03'G3 E 37.82' C4 237.04'1T 75— 0 �S72'56'34 EE 219.33 curour- 314.14' 266.0Y—SMO - 8 E 282.6 �j EC5 C6 310.63' 200.00' N1170'54"E 280.33 ' I •J I 1065 LLL.-----�-•_---- o� aff-M -54- KENSINGTQV FARMS avir Twu ZONED R-2 O�1 —57- 100. 02' 57=100.02' AS MEASURED FROM TGIF OF SANK GN —r— CANSERVA MV r/ 6 EASEMENT i J IPF 004' E.) I r I I I COMMON AREA 1 184011sc1Ft 4.316 Acres Com] to I �w I oI _ �I I PRCR G10NSEOVA RVAT/CW -•• EASEMENT I I I R` SEE�QCS, DETAIL ji ^ —59— GRID NORTH GEORGIA WEST ZONE VERTICAL DATUM IS NAW 8B. 60' 0 60' 120' IPF (0.04' KOVSING7GYV FARMS UNIT ONE ZANED R-2 L)1 N89VS'30"E 241.,6' BRIM FACED CONC. WALL END FEN. \\I c t i� � � I 1 DEMMOW POND 0 25 YR. HKE=105258 J 100 M. HWf=1053.80 J' ( 25 YR. SMR. VfX.-67,570 CYC FT, j I ' AV M. SICK' 1ofg'..=&$582 aM Fr. All 1 ` ;y >� OCS DETAIL -M-U. tw-1056.7 5.0' tw-1056.7 3 r_� tw-1055.6t-`- w-10556 tw-1054.0-1.5' tw-1054.0 tw-1 20 CONC, CONC WAG'. WALE. 0 o DIAMETER PHASE fl 1, B curour- -6" ,0428 —57- 100. 02' 57=100.02' AS MEASURED FROM TGIF OF SANK GN —r— CANSERVA MV r/ 6 EASEMENT i J IPF 004' E.) I r I I I COMMON AREA 1 184011sc1Ft 4.316 Acres Com] to I �w I oI _ �I I PRCR G10NSEOVA RVAT/CW -•• EASEMENT I I I R` SEE�QCS, DETAIL ji ^ —59— GRID NORTH GEORGIA WEST ZONE VERTICAL DATUM IS NAW 8B. 60' 0 60' 120' IPF (0.04' KOVSING7GYV FARMS UNIT ONE ZANED R-2 L)1 N89VS'30"E 241.,6' BRIM FACED CONC. WALL END FEN. \\I c t i� � � I 1 DEMMOW POND 0 25 YR. HKE=105258 J 100 M. HWf=1053.80 J' ( 25 YR. SMR. VfX.-67,570 CYC FT, j I ' AV M. SICK' 1ofg'..=&$582 aM Fr. All 1 ` ;y >� i� 50' SHEET INDEX NOT "TO SCALE \ -61- I -62- -60- IPF' 1340.18' (0.16' N.)I Plats 352 Pp 90 BRICK FACED CONCRETE WALL PROPOSED FEN. 8RAESURIV PHASE 11 10' PRIVATE SSE. — 20' PRIVATE BE CHMARK roP FH EZEV.=1092.71 o +i -24 24213 0.648 DDHH !HfE=108565� -27 I M 21698 .SgFt \ \ \&A\ \ 0 498 Acre \ \\ �� N tDH --B \� 55 \ VIC \ \ \N 21,787 SOR NN \ �� 0.500 Acro SgFt ecu' \ \ DH -B Acro "� \ / TREE 5AVE AREA rW V1 � C-:) Q TREE 5A W Q)Q �; I I n zw Ij 15563 \ -SIN 18,627 0.428 Acre 51 \\N� DH—B /5 0190 2 V / - Se. V ncv_r�nn \ �\ v TREE SAVE AREA 5 1055£ArE G N i i N URN RHA o ' 1 PHASE fl 1, B Mir '` �� , ► `� 20' P61VAXSSE i� 50' SHEET INDEX NOT "TO SCALE \ -61- I -62- -60- IPF' 1340.18' (0.16' N.)I Plats 352 Pp 90 BRICK FACED CONCRETE WALL PROPOSED FEN. 8RAESURIV PHASE 11 10' PRIVATE SSE. — 20' PRIVATE BE CHMARK roP FH EZEV.=1092.71 o +i -24 24213 0.648 DDHH !HfE=108565� -27 I M 21698 .SgFt \ \ \&A\ \ 0 498 Acre \ \\ �� N tDH --B \� 55 \ VIC \ \ \N 21,787 SOR NN \ �� 0.500 Acro SgFt ecu' \ \ DH -B Acro "� \ / TREE 5AVE AREA rW V1 � C-:) Q TREE 5A W Q)Q �; I I n zw Ij 15563 \ -SIN 18,627 0.428 Acre 51 \\N� DH—B /5 0190 2 V / - Se. V ncv_r�nn \ �\ v TREE SAVE AREA 5 to IF ,t >d d r d JI sd u m w rd � st d do SHEET 6 ' F p b F) M N NO � di 6p m� SHEET INDEX NOT TO SCALE Plats 352 Pg 51 GRID NORTH GEORGIA WEST ZONE VER77CAL DATUM IS NA VO 88. 60' 0 60' 120' iiiiiiiii wool AXE FND. NOW OR FORMERLY PAMUA SOULS LEE ZONED AG -1 WSERVA77ON EA.SSWFiV r 20' PRIVATE \ SSE 1 1 l \ / yo \ m � �sg BRAEBUR PHASE 11N wCAi 1 COMMON `` \ AREA 1 188,011 4.J16 Acres s`�c� ,, \� C\� `� l \ \- \ \ r \ \ \ \ \\ DH -D w PROPOSED \ \ EASEmou \ A� \ T� PROPOSED \ TEMPORARY \ CUL—DE—SAG TREE SA Y1 y 5 R 86- c N 18 j - - S89T 5'4fT 115.00' t 1 79.75' 8800' 80.00' 80.0 I r -- ZD' BL- 1 r —2o' >�.L I 2167 I I 2165 I i 2163 A (� 2161 1\\ 2 Ia -iI 1J JII, ; I I•as and 1+ \ —40— 1 1.4' 41— ml —42— � ,3 'raj• ct�43- 15.412 cre cFt 0.354 A 0.353 Acre Acre I I al I 15.325 SgFt p i 11 0.352 Acre 1 I I wl I I I It i L.L. 09 09 25' 8 L. X25' B.L_ ?5' B.L 25_9,0 �____ J L____� �__ _� LL.L &527' 80.v0' 80ao, 80OO' - -- - -- - Q C i 1.5' 07F 1i k\ti 1 L.L. r 1136 5�ry� IM1 41 AMENITY AREA FUL rAV COUNTY C.t. S w' 1 MONUMENT• F015 R&M COUNTY GJ.S M4V A11ENr F2f5 \ 570.50' li!i�� SAW AREA U BRAEBURN PHASE 111 W V I Q p n W vl ^Q 60,102 SgFt C) 1.380 Acres 539.15' SA W \\\ DH -D \\\ 1 \ COMMON \ \so. \ j r4 ~ AREA 2 \ 102,273 SgFt >S• \ 2.348 Acres \ \ .134.82' \ _ \ PP 204.,33" OZABAPPLE OWS. 7?OADS PHASE 1 ZONED MIXED USE 0 0 • Q C ~ CS 41 AMENITY AREA 60,102 SgFt C) 1.380 Acres 539.15' SA W \\\ DH -D \\\ 1 \ COMMON \ \so. \ j r4 ~ AREA 2 \ 102,273 SgFt >S• \ 2.348 Acres \ \ .134.82' \ _ \ PP 204.,33" OZABAPPLE OWS. 7?OADS PHASE 1 ZONED MIXED USE 0 0 • 0 ^-BRAEBURN FUTURE- } AMENITY AREA 60102 SgFt l's} 1.380 Acres YR. OF FN HN BRAEBURN' o\ PHASE /// I1RF SAW AREA (TIP.) 19 V� �$'\ 11�so' �yg /� by �'� �,-=�.... r _. + - ._ _ 1 I-- - -•� . 16 8 SgFt 1 " -38- to g -37- 0 381 Acresz uN 15,034 SgF1 15,411 SgFt C 15,120 SgFt N 0.347 Acre i $ 0.345 Acre i i0.354 Acre f r J ADH -8] (¢si 3133 �m I I DH -B ml 3131 to I �" hl l" 3135 l l 3101l` 20'8.1_.J L _ 1O-BL_J L ----J LINE OF SIGHT. 71.56' 8a01' S' .s w.. 80.01' ES /T. (rYp) t* i COMMON AREA 6 UNE OF 57GF } NE OF SIGHT 17,228 SgFt RD -Dl ESMT. (•fYP) .�+ f ESA/T. (TIP.) 0.395 Acre foo YR. ^G DE7PN170v Pavy ,/P 25 YR. HKE-107',1.77 fOO YR, HJW-1075.38 r5 2s YR $TOR. M--221.528 CUBIC Fr ycr. f00 YR. SrOR VOL. -28$374 CUBIC Fr GOMWON AREA 4 nmrSA /�. 51,285 SgFt / 1.177 Acres DH -D / I Ai BRAEBURN ll�°l PHASE % //I /JR l ii l� ti /ry 22. py\ I3 -I 275 7) _ _ -W-Bl- r - B.L. 20' I2155 _ I- 20' B.L 1 HNE-1097.22-- 81. F 20' .-, r 20' B.L. -1 L-5, S w " f 20'BL. 1m BEARING- H RIZ DIST �I L� 2153 �1 1, 2151 a) l� 2147 Cd 2145 I "I C2 1 -44- rd1 Im hi Ii i ��+ ml lo,hi Ih \ \ ' \ I 15.106 SgFt hi Ih I" ") (" " 1" I I I \ 0.347 Acre +3 I � 1 a3 1 .. 4�_. 7H- h I -46- ?' I -4 I -48- N CO4IMON AREA 2., -'¢Jr- b 15,090 SgFt 17,x99 SgFt ro 15,085 SgFt 102,27 SgFt 15,101 SgFt n4 15,085 SgFt 0.411 Acre a1 0.347 Acre .10.346 Acre 0.348 Acre 8.346 Acres $-I 0.347 Aae DCH DH-BDH-B�s DH -B �� LL f Nrr CAPE- \� I IO97 1 SIGH \ \ 2 L - \ J 25' B.L.J L - - - - J 1-. _ 25' 8L� J L �25� B.L. J 1 28 0469.80-_1 1. _ySMI TREE I \ � X3J' ' I 80.Od' i 1 � s 80 00' SAYi 8 04 F9 8O.s 1 12545 _ LINE TABLE LINE BEARING HORIZ DIST Lt N00'57'40"E 19.50' L2 N81'30'16"E 35.22' N897828'W 674.13' CRABAPPLE CROSSROADS ZONED MIXED USE PHASE I 1r - GRID NORTH GEORGIA WEST ZONE VER77CAL DA7UM IS NAW 88. 60' 0 60' 120' Plats 352 Pg 92 BRAEBURN PHASE 11 - - L,Nc O,c• 3! r - 41 � B,� ^� '9•S F" 2143 �} -5©-y r r� 2� \ l 13,330 SgFt \ Acre N DH- 0/ r/ 11,078 264 ASgqFFt y/J ' �fny 14", GAP-&SMT e52 \ 11,043 SgFt v q r / r2 yry/ / 0.254 Acre Q/ L23;a, i- J L25' B.L. -! L - - ,�64 49.70' S3 76' 51..00' lPF 9 230.90' 15.73' N37050'49V 64.28' " 14101 '1 mraa A SHEET INDEX NOT TO SCALE �TD"2.?G �'I.104FsJ CURVE TABLE . � c -CU-R ARC RADIUS BEARING- H RIZ DIST Ct 87.19' 275.00' N59'43'22"W 86.82' C2 77.92' 275.00' S76 -55'22"E 77.66' C3 27.96 17.00 N47"50 57 E 24.91 04 21.54' 17.00 N51'40 36 W 20.12 C5 108.94 385.00 S22'34 19"E 108.57' C6 22.13' 17.00' N51'45'090W 20.60' C7 26.70 17.00 N45'57 4d E 24.04 C8 19.- 6' 385.00, S00'5 21 E 19.76 C9 26.67' 17.00 S44.18 54 E 24.02' C70 26.64' 17.00' N45'50'59"E 23.99' C11 26.70' 17.00' N44'02'20"W 24.04' C12 27.67' 17.00 S44'19 32 W 24.72 C13 91.11 175.00 N13'57 12' W 90.08 C14 122.59' 200.00 N16'35 54"W 120.68 C15 202.22 300.00 S69-57'0 E 198.42 C16 17.03' 100.00' N07'48'49"E 17.01' 017 59.42' 360.00' NO3'46'02"W 59.35' C18 317.48' 360.00' N33 -45'37W 307.29' 1r - GRID NORTH GEORGIA WEST ZONE VER77CAL DA7UM IS NAW 88. 60' 0 60' 120' Plats 352 Pg 92 BRAEBURN PHASE 11 - - L,Nc O,c• 3! r - 41 � B,� ^� '9•S F" 2143 �} -5©-y r r� 2� \ l 13,330 SgFt \ Acre N DH- 0/ r/ 11,078 264 ASgqFFt y/J ' �fny 14", GAP-&SMT e52 \ 11,043 SgFt v q r / r2 yry/ / 0.254 Acre Q/ L23;a, i- J L25' B.L. -! L - - ,�64 49.70' S3 76' 51..00' lPF 9 230.90' 15.73' N37050'49V 64.28' " 14101 '1 mraa A SHEET INDEX NOT TO SCALE �TD"2.?G �'I.104FsJ q W � c •�„� Li 2 Rf. Tp� ���G Oq b ys m IPF N6070'51 V IPF 19.41' W I U) aJ /PS < p p Z q O O 1h Q I, Lu ILl�_.1 (j Q)Q N QC�. Fes, Vti (J) Z W o Q J m 04� �F W pN i 510 \ ®BENCHMARK-- -- - BRAEBURN 1 \ u=lo9zlr fa" R PHASE l! 1 1 � l 17 8 XN3C<' � 17 7 o \ LOT 29 r \ (SEE SHEET 5) 7 l \ \ \\ L 0 T 28 \ \ \ 6 1.�r 2 �too rR \.``'\ (SEE SHEET 5) �ARK � HIWMx085 \ \� \ MP OF FBENCHH \ \9, rrrEE SAW AR£A (TW. \\ LOCATION MAP \\\�`�\� LOT 30 �\ NOT TO SCALELOT 27 \\\\� (SEE SHEET s) (SEE SHEET 5) 11 BRAEBURN \ PHASE !/ \ LINE TABLE (�4 / / baa $�� • / -3%- $v/ j, LINE BEARING HORIZ DIST a SSj �'E �,� °o� / 18,783 SIR L1 581'30'16"W 35.22' £ / g� -"6- 'w a` 0.431 Acre / /$V \�' a BRAEBURN �, 16,524 SqR �. L2 N59' 1'28"W 6.18' / / / iC8 f ag� PHASE 0.425 Acre it / / y BENCHMARK ti� �/ i / �\ � �\ \ 5yg rOP CFF 170 y1 / / \ o \ / / Y6,607 SgFt CURVE TABLE y`�/ / c " % \' 1 0.381 Acre j CURVE ARC RADIUS BEARING HORIZ DIST C \ �y5 ,6d \ \ \ 1, y►`'�' /g $� \ \� C1 26.74 17.00' S45'40'14"W 24.07' \.' \ `moi 5'% / \ ' \r C2 270.33' 335.00' S22'30'54"E 263.06' '? \ / / $i' -25- '�\ �» a� � / / y 18, 301 s Fr C3 74.12 275.00' N40'52 01 W 73.90' / 0.420 Ace "/ / 2 \ \� \ �g / 1 -33- C4 50.09' 275.00' N53'48'23"W 50.02'u \ C5 94.00' 385.00' N52'01'46"W 93.77' \ tvz 16.672 SgFf C6 96.47' 385.00' N37'51'22"W 96.22'/ 5 \ 0.383 Acre ' C7 16.16' 175.00' 531'30'46"E 16.15' \m .0. / /y -24- rl.• \ / 5!$\'' 78,391 Sgit / � \ 0 '�• m 1 � / / y "o� g.. C8 135.50 300.00 N46'05 06„ W 134.35' \ / 5 p.422 Acre C9 317.48' 360.00' N33'45 36"W 307.29' 1� C10 122.59' 200.Oa S16'35'54'E 120.68' / \ / / \ C11 59.42' 360.00' --WO3'46'02°W 59.35' �� �, \ 37`�S 5 $� / N\` ��� \ V -- x -23- \ 15,977 SgFt S 16.614 SgFf r 0.367 Acre 0.381 Acre Plats 352 Pg 93 Cathelene Robinson Clerk of Superior Court Fulton County, Georgia GRID NORTH GEORGIA WEST ZONE VERFICAL DATUM IS NA VD 88. 60' 0 60' 120' \1 too YR. ys9bj e +? - \ HIbE=110062 4 ?B \\�Jt \\�y5i X11 ��,�a \\/i /1y�' -35-- °� \ \ / \ < 15,186 SgFt 0.349 Acre \ \ 15,939 SgFt \ y W 100 Y 0.366 Acre 91 d$ \< HNE=1101.57 -18A 16 \ \ ~ \ \ BRAEBURN\ �1%ti vi �ZgZy PHASE # '� \ yyy, V FA FH \ \ BRAEBURN FWURE AMENITY AREA (OUT) 60,102 SqFt 1.38.380 Acres MCFARLIN LANE LINE OF SIGHT <y r ! 50' R.W. ESMT (rYP.)� � 100 W. HNE=1096.34-\ N8975'41"W 268.57' SAVE AREA (TIP.) LOT 38 I LOT 37 (SEE SHEET 7) (SEE SHEET 7) COMMON AREA 6 (SEE SHEET 7) LOT 36 (SEE SHEET 7) LME OF SIGHT ESMT. (rm.) Wo I0A � r NOTE, ry� CLOUDED LOT NUMBERS LXX CORRESPONDS TO THE ZONING MODIFICATION EXHIBIT APPROVED ON DECEMBER 11, 2042. REFERENCE ZONING MODIFICATION (JZM09-•43). 0. L-0+ ! Rmw PHASE ' ll4 I ' •`Ly`i11 IMAMI' t I I I I 99, I/ I10 t N f S2 45 r �R W7'y'�E 3467 SF ? SP 4¢8r0(d ( f 3438 s 2577 44SOMyrI ¢44 1 _ ' ! ?C1s4 44 (° '�oftf . -- 344 ^ 7 SF• 2 °`°- ^„ ,� 343 2677 Sp ! 7 •.. ,,,. ..,.. �« . `-.. --•:_ '°°�„ { .� LO X152) r 0 345 3793 yF 1 4�� _;c�`"r�� i= �....jt?1i� ';'.�;." " �jLc l, "''-'v___..2a!}--te0, _ v..' .. ; . j' _N M �[.^1•i- 5�7 ,%,;' 4 Cr4slt�0fy1 T' !tlxtir •4i.$k*�;jPN f 'r SF, ?62470w�z? SF; ag. . >« 44 .4 �_'.` AC 150, ! ' 3 . 141'C3$ ,+�2 4�� L(09 Q.,`. `,�.+., „._ -•_ -.. ` ,�\ ; i `f(� •i a 'ZQ' i " �' / s 114 474 SF zSBr 18 a 17, ,414 i 01 �.,....2�� �Ci41% r 3498 34g8 1803 SF zBr 4 %a i TYi .tee ! ]OMMOACR AREA ? !I ! rP,r�ry �gRiFr.� %L— �INf ;T (78,743 SF. z 40 K N O~ Z WW D ? it P.P. LCV CINM I.P.S. IRON PIN SET (1/2' REBPR) I.P.F. IRON PIN FOUND C.M.F. CONCRETE MONUMENT FOUND O.T.P. OPEN TOP PIPE B.M. BENCHMARK T.B.M. TEMPORARY BENCHMARK C.T.P. CRIMP TOP PIPE M.T. MARKED TREE O.H. DRILL HOLE LLL LAND LAT UNE LL LAND LAT 4 PROPERTY UNE --810- CENTERLINE /W BUILDING LINE RIGHT-OF-WAY S.S.E SANITARY SEWER EASEMENT D. I. DRAINAGE EASEMENT C.&G. CURB h GUTTER B.O.C. BACK OF CURB TAA. TOP OF CURB G.M.D. GEORGIA MILRA DISTRICT P. B./ PLAT BOOK/PAGE D.B./PG. DEED BOOK/PAGE P.O G. POINT OF BEGINNING T,P.OB. TRUE POINT OF BEGINNING ELEV. ELEVATION 1. E, INVERT ELEVATION F.F.E. FINISHED FLOOR ELEVATION E.P. EDGE OF PAVEMENT C.M.P. CORRUGATED META. PIPE R.C.P. REINFORCED CONCRETE PIPE it P.P. POWER POLE OR UTILITY POLE t9 M.H. hLWHOIE D. CATCH BASIN 0 J'B. JUNCTION BOX v N.W. HEADWALL ■ 0.1. DROP INLET ®G.I. GRATE INLET F.H. FIRE HYDRANT p0 W.V. WATER VALVE ❑ W.M. WATER METER G.V. CAS VALVE +941.2 EXISTING GROUND ELEVATION ITIR13 PROPOSED GROUND ELEVATION --810- EXISTING COWMUR ELEVATION PROPOSED CONTOUR ELEVATION POWERUNE — P— UNDERGROUND POWER —T.— TELEPHONE UNE TELEPHONE IERHONE UNE G. ---' G CAS UNE -.C.T.V. CABLE T.V. UNE -U.GT.V: UNDERGROUND CABLE T.V. UNE —5— SANITARY SEWER UNE — STORM PIPE —W— WATER UNE / PIPE LINE / -w--++- FENCE UNE — CHTfF]L H/DRAIN — C7REW DITCH / RUNE FLOOD HAZARD TLOOD NAZNiO ZONE UMTS ZONE LIMIT TREE UMTACCESS STATION NOW OR FORMERLY ySNT' T TEST BOEING LOCATION EaEVEL0FGMEI\6l` planning & engineering, inc. csvd..,urrru»' rn..... otion uv/•a or,rolvL uvuual IvnL vwr,T SUITE A BUFORD, GEORGIA 30518 (770) 271-2868 PREPARED FOR: PRECISION DESIGN ARID DEVELOPMENT CO. INC. 6650 SUGARLOAF PKWY. DULUTH, GA. 30097 24 HR. CONTACT. MR. CORRITT WOODS (6713) 325-4500 PROJECT NAME: DEERFIELD GREEN SUBDIVISION PHASE 2 ET�A'S(rK:. PLAT PROJECT INFORMATION: DEERFIELD GREEN SUBDIVISION Project No•no UB -040 Project NumberW~ MORRIS ROAD Project AOdress 1044 & 1045 Lend Lot No.(5) 2nd DISTRICT, 2nd SECTION District ��— CITY OF MILTON FULTON COUNTY, GEORGIA County, State DESIGN SCALE ®� JGS Graphic Scale.- 1" = 50' DRAWN 4 OF 5 JIGS CHECKED SHEET 25' 0 50' 100' 150' 200' 05,21110 09.040 — DATE PROJECT No. Graphic Scale. r = 50' 25' 0 50' l00' 150' 200' ccil rkem, DEVELOPMENT' planning & engineering, Inc. eivil. sm�itarJ tm.'rx�ponatiw� svnry 5074 6RISToL INDUSTRIAL WAY SUITE A BUFORD, GEORGIA 30518 (770) 271-2688 PREPARED FOR: ,PRECISION DESIGN AND DEVELOPMENT CO. INC. 6550 "WIGYARL0,111F PKWY. DULUTH, GA. 30097 24 HR. CONTACT' MR. COQ BRI }- WOODS (678) 325-45010 PROJECT NAME: SUBMISION WI - TASK: PROJECT INFORMATION: DEERFIELD GREEN SUBDIVISION Pmjoot Nanno Gs -0410 MORRIS ROAD 104,16 IP4-, ..._... -OteA 1 (.._..._-,,,....__..... _ Lend Inst Naaj... 2nd DISTRICT, 2nd SECTION CITY Or MILTON PULTON COUNTY, GEORGIA County, State, Zi -1 1„1 mI 7i -I -I nI w 05/21/10 109-040 DATE PROJECTNo. DESIGN CALF JGS I]AAWN 54 ppyy�� F 5 Jcs c,. 05/21/10 109-040 DATE PROJECTNo.