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04-11-11 Packet
CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Joe Longoria Alan Tart Monday, April 11, 2011 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Ken Murphy, Stonecreek Church, Milton, Georgia. 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- 060) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the March 14, 2011 Special Called Work Session. (Agenda Item No. 11-061) (Sudie Gordon, City Clerk) 2. Approval of the March 14, 2011 Work Session. (Agenda Item No. 11- 062) (Sudie Gordon, City Clerk) Page 1 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. MILTON CITY COUNCIL REGULAR MEETING AGENDA APRIL 11, 2011 Page 2 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3. Approval of the Settlement Agreement and General Release, Fulton County, Georgia vs. The City of Milton, Georgia, Civil Action 2009-EV-007712B. (Agenda Item No. 11-063) (Ken Jarrard, City Attorney) 4. Approval of an Emergency Services Contract between the City of Milton and J.J.E. Contractors, Inc. for Repair Work on the Birmingham Road Bridge (MLT-04) Over an Unnamed Tributary of Chicken Creek not to Exceed $9,550.00. (Agenda Item No. 11- 064) (Carter Lucas, Public Works Director) 5. Approval of a Contract between the City of Milton and Interciti Development, LLC for the Bethwell Community Center Renovation Project, 11-PR01, in the Amount of $110,616.02. (Agenda Item No. 11- 065) (Cyndee Bonacci, Parks and Recreation Director) 6. Approval of an Agreement with Tyler Technologies, Inc. for the Purchase of an Online Payment Module for Property Taxes. (Agenda Item No. 11- 066) (Stacey Inglis, Finance Director) 6) REPORTS AND PRESENTATIONS 1. Proclamation Honoring Principal Bill Thompson, Hopewell Middle School, Milton Georgia. (Presented by Mayor Joe Lockwood) 2. A Georgia Cities Week Proclamation. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION 1. RZ11-02 – Requested by Ashton Atlanta Residential, LLC Located at State Route 9 (south side) just west of Sunfish Bend to Rezone from C-1 (Community Business) to TR (Townhouse Residential) to Develop 43 Single Family Lots on 8.26 Acres for an Overall Density of 5.21 Units Per Acre. (Agenda Item No. 11-067) (Presented by Lynn Tully, Community Development Director) MILTON CITY COUNCIL REGULAR MEETING AGENDA APRIL 11, 2011 Page 3 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. U11-01/VC11-01 – Requested by Union Primitive Baptist Church Located at 335 Cox Road to Increase the Size of the Existing Fellowship Hall 2,060 Square Feet to 3,000 Square Feet and a Concurrent Variance to Delete the 50-foot Undisturbed Buffer and 10-foot Improvement Setback along the West Property Lines to Allow the encroachment of the Existing Driveway, Basketball Court, Portion of the Fellowship Hall and the Cemetery. [Sec. 64-1141(3)a.] (Agenda Item No. 11-068) (Presented by Lynn Tully, Community Development Director) 3. ZM11-01 – Requested by Charles Feyt Located at Lot #9 – Atlanta National Subdivision (Crooked Stick Drive) to Modify Condition 1.e. (RZ85-181) to Reduce the 100-foot Building Setback Along the South Property Lines to 50 feet and to Reduce the 100-foot Building Setback Along the West Property Line to 40 Feet. (Agenda Item No. 11-069) (Presented by Lynn Tully, Community Development Director) 4. RZ11-03 – To Amend Chapter 64, Article VII, Division 5 (State Route 9 Overlay District). (Agenda Item No. 11-070) (Presented by Lynn Tully, Community Development Director) 5. RZ11-04 – To Amend Chapter 64, Article VIII, Divisions 1 and 2 (Off-Street Parking and Loading). (Agenda Item No. 11-071) (Presented by Lynn Tully, Community Development Director) 6. RZ11-05 – To Amend Chapter 64, Article XVII, Section 64-2453 (Creation of a Historic Preservation Commission). (Agenda Item No. 11-072) (Presented by Lynn Tully, Community Development Director) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) MILTON CITY COUNCIL REGULAR MEETING AGENDA APRIL 11, 2011 Page 4 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 11) NEW BUSINESS 1. Approval of a Contract between the Georgia Council on Developmental Disabilities and the City of Milton for the Award of Grant Monies. (Agenda Item No. 11-073) (Presented by Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS (None) 14) EXECUTIVE SESSION (None) 15) ADJOURNMENT (Agenda Item No. 11-074) The minutes will be Provided electronically No Text No Text No Text No Text No Text No Text No Text No Text rCity of Milton SERVICES AGREEMENT — SHORT FORM AGREEMENTS $10,000.00 OR LESS Birmingham Road Bridge Repair (MILT -04) This Services Agreement (the "Agreement") is made and entered into this Ishav of , 201L, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and T.J.E. Constructors, Inc. (hereinafter referred to as the "Contractor"). WITNESSETH THAT: WHEREAS, the City desires to employ a contractor to perforin the services described herein (the "Work"); and WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which .is hereby acknowledged, agree as .follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": Exhibit A — Scope of Work Exhibit B — Insurance Certificate Exhibit C — Contractor's .Affidavit Exhibit D — Subcontractor's Affidavit Exhibit E — Contractor's Proposal To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City skull govern. Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work described in Exhibit A and Exhibit E, which is generally described as the repair of wooden wingwalls on the Birmingham Road Bridge (MLT -04). Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City, and shall. fully complete the Work within 10 days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section S. Compensation and Method of Payment: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City's certification that the services were actually performed and costs 1 actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall refect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $4,550 (the "Contract Price"), except as outlined in Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. Section 5. Covenants of Contractor A. Assignment of Agreement: Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent: of the City. B. Responsibility of Contractor and Indemnification of City: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. C. Indepettdeot Contractor: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch as City and Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses, Certifications and Pennits: Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shalt comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. 2 G. Contractor's Representative: James Embro shall be authorized to act on Contractor's behalf with respect: to the Work as Contractor's designated representative. H. Confidentiality: Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. 1. Meetings: Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual' problems that may occur during the term of the contract, at no additional cost to City. Section 7. Warran . Contractor shall repair ail defects in materials, equipment, or workmanship appearing within one year from the date of completion of the Work at no additional cost to the City. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Contractor. provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to b e an original, but all of which together shall constitute one and the same instrument. C. Soverei Ign mmunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. D. B -Verification. Contractor shall provide evidence on the forms attached hereto as Exhibits "C" and "D" that it and Contractor's subcontractors conduct verification of employees as required by O.C.G.A. § 13-10-91 and related rules promulgated by the Georgia Department of Labor or the Georgia Department of Transportation. The City Manager or his/her designee shall be authorized to conduct inspections of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. Compliance with the requirements of O.C.G.A. § 13-10-91 and related rules promulgated by the Georgia Department of Labor or the Georgia Department of Transportation, as applicable, is mandatory. IN WITNESS WHERI .EOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGE] [J.J.E. Construct Inc.] Signature: Title: [AFFIX CCP.PORATE SEAL] CITY OF NULTON, GEORGIA Jae Lockwood, Mayor Printed Name: �1�►�InG I 4.0 Earthwork a) The area within the typical grading section shall be cleared of all trees, brush, stumps, logs, 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 S" thick (loose measurement). Moisture content shall be adjusted as necessary to compact material to 95% maximum 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. 6.0 Performance a) All work performed shall be in accordance City of Milton Subdivision Construction Standards. The contractor will adhere to all current State and Federai 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. c) All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW). d) Contractor shall ensure that all debris is removed from the job site upon completion of the work and the site is left in a neat on orderly fashion. Col EXHIBIT "B" INSURANCE CERTIFICATE I""IWVlI1,A."a ...a. § * a on -vr ■ a— v■ a—IN %a Raffia a a as VvvK � xarvar. 03/18/2011 PRODUCER 706 629, 4441 FAX 706.629.3631 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Starr -Mathews Agency Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICA'T'E DOES NOT AMEND, EXTEND OR 108 North Court St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. R. 0. Box 188 Calhoun, GA 30703-0188 ; INSURERS AFFORDING COVERAGE NAIC # INSURED J.I.E. Constructors, Inc. INSURERA: Cincinnati Insurance Co. PO BOX 76953 INSURERB Guard Insurance Group Atlanta, GA 30358 INSURER C: INSURER D: INSURER E: [ COVERAGES 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 SY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DDIL NSR 7YPEOFINSURANCE POLICY MUNI BER POLKCYEFFECTIVE DATE IMM1IDDrfYYYJ POLICY EXPIRATION DATE MFA;DDIYYYY LIMITS AUTHORIZED REPRESENTATIVE ]aures Mathews/]MB�" Milton, GA 30004 s GENERALUABILITY s CPPOS91683 04/30/2010 04/30/2011 EACH OCCURRENCE is 1,000,00o X COMMERCIAL GENERAL LIABILITY I PREMISES Eaaccurtet ce is 500,000 CLAIMS MADE [_X]OCCUR MED FXP (Arty one person) S 10,000 A XContractual Liab. PERSONAL&ADV INJURY S 1,000,00 GENERAL AGGREGATE Is 2,000,000 GEN'LAGGREGATELIMITAPPLIESYER: PRODUCTS - CC]MPIOPAGG S 21000,00 POLICY X jE O LOC AUTOMOBILELIABILITY CPP0891683 04/30/2010 04/30/2011 COMBINED SINGLELIMrr X ANYAUTO (Ea accident) S 1,0001001 BODILY INJURY v ALLOVdNEDAUTOS A SCHEDULED AUTOS (Per person) BODILY INJURY X HIRED AUTOS X NDWOWNEDAUTOS {PeraccWent) PROPERTY DAMAGE (Per accident) GARAGE UA%LITY AUTO ONLY - EAACCIDRNT $ OTHERTHAN EA AGC S ANY AUTO AUTO ONLY: AGG 5 EXCESS UMBRELLA LIABILITY CPPOS91683 04/30/2010 04/30/2011 I EACH OCCURRENCE S 5,000,000 OCCUR CLAIMS MADE AGGREGATE Is 5,000,00A rXRETENTION Is 5 DEDUCTIBLE S —0— 5 WORKERS COMPENSATION JJWC012410 04/30/Z010 04/30/2011 X -- TORYLIME75 ER AND EMPLOYERS LIABILITY E.L EACH ACCIDENT S 1, 000 , 00 B ANY PROPRIETO"ARTNERIEXECUTIVE� E. L. DISEASE -EA E M P LOYEE S 1,000_.000 OFFICERRAEMBER EXCLUDED? (Mandatery in NH) SPes ECdescribe under IAL PROVISIONS below E. I. DISEASE -POLICY LIMIT $ 1,000,000 CPP0891683 04/30/2010 04/30/2011 Limit - $150,000 Leased/Rented A Equipment DESCRIPTION OF OPERAMNSf LOCATIONS I VEHICLES EXCL.USiONS AD DED BY ENDORSPMENT ISPECIAL PROVISIONS city of Milton is an additional insured per project E: Birmingham Road Bridge Repair (MLT -04) CERTIFICATE HOLDER CANCELLATION AL:UKU L5 kYUUWIJ1] tO IUdU-LUUV AtliUKLJ L:UY{VUKAI IUN. Al rIgnTs reserve a. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN City of Milton NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 13000 Deerfield Parkway, IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Ste 1076, REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ]aures Mathews/]MB�" Milton, GA 30004 s AL:UKU L5 kYUUWIJ1] tO IUdU-LUUV AtliUKLJ L:UY{VUKAI IUN. Al rIgnTs reserve a. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 lieu of such endorsements). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insuref(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. RD ,ddit-ional Coverages and Factors 04/26/2010 ine of Business Coverages for Business Auto :average Limits ❑ed/oed Type Rate Premium Factor 'ombined single limit 1,000,000 ledical payments 11000 ninsured motorist 1,000,000 ombined single limit :omprehensive 500 :ollision 1,000 nderinsured motorist 1,000,000 ombined single limit ,ine of Business Coverages for General Liability :overage Limits Oed/©ed Type Rate Premium Factor eneral Aggregate 2,000,000 roducts/Completed Ops 2,000,000 ggregate 'ersonal & Advertising 1,000,000 njury ach Occurrence 1,000,000 'ire Damage 500,000 ledical Expense 10,400 mployee Benefits 1,000,000/3,000,000 1,000 .ine of Business Coverages for Workers Compensation :overage Limits €]ed/©ed Type Rate Premium Factor 'C & Employer's liability 1,000,000/1,000,000/ 2,500 1,000,004 Applies: Both Med & Indemnity 0.82000 ianaged Care Option Drug Free Credit STATE OF GEORGIA CITY OF MILTON EXHIBIT "C" 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-.0-91. 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 "D." 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 perforin such service. eA ?_rf(, EEV 1 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date [,1..I..E. Constructors. Inca X—K Title of Authorized Officer or Agent of Contractor Printed. Name of.A.uthorized Officer or Agent SUBSCRIBED ANIS SWORN BEFORE ME ON THIS THE \% '-- DAY OF 201 Notary Public My Commission Expires: 8 t►tltl�lrrrrfs �fr��Otli��'�•`r. STATE OF GEORGIA CITY OF MILTON EXHIBIT "Y 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 Prograrn User Identification Number BY: Authorized Officer or Agent Date [INSERT SUBCONTRACTOR NAME] Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 201 Notary Public My Commission Expires: G7 EXHIBIT "E" CONTRACTORS PROPOSAL 10 J.J.E. CONSTRUCTORS, INC. Eordlwwk— — Civil Structures General Construction James C.L. Embro Contractor (770)417-3531 (7711) 417-1130 Fax Proposal Submitted to: City of Milton 13000 Deerfield Parkway, Ste 107G Milton, GA 30004 PROPOSAL ATTN: Roddy Motes TEL: 404-867-2000 .FAX: E-MAIL: t'odtly.tnott:s{g(eityafittiltongit.as P.D. Box 75953 At3anta, Georgia 30358-1953 333 Mitchell St, Norcross, Georgia 30071 Date: March 15, 2011 Project Name & Location Wing Wail Replace.mentl Bridge on Birmingham Itd We propose to provide all labor, equipment and material to perronn rho to] lowing specified wort:: - Install one (1) wood pile at westldownstran rn wing wall Replace ration wood lagging at east and wesildownstreant wing walls Place cornpactable till material Can cveto slope paving at east ruing wall TOTAL LUMP SUM COST: $9,550.00 S neC1.11 CC it 6 it ions: . *Note4 r Tcrms: 30 days from date of invoice Invoices wil a submitted on a m nthly basis. ,nICP VAS FOP, 6D DAYS Ksentative of JJE CONSTRUCTORS, INC ptanee of proposal: The above prices, specifications and conditions arc satisfactory and are hereby accepted. are authorized to do the work as specified. Payment will be made as outlined above. Date ofacceptance: Acceptor's Signature Title WE MUST RECEMi THIS PROPOSAL SIGNED IN ORDER FOR US TO PROCEED WITH THE INDICATED WORK. 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: March 28, 2011 Meeting Date: April 11, 2011 Agenda Item: Approval of a Contract between the City of Milton and InterCiti Development, LLC for the Bethwell Community Center Renovation Project, 11-PR01, in the Amount of $110,616.02 Background: The City of Milton has completed the bid process for the Bethwell Community Center Renovation Project, 11-PR01. The Request for Bids was posted on February 14, 2011. A mandatory pre-bid meeting was held on February 24, 2011 at 10 a.m. at the Bethwell Community Center. A total of two addenda were released on March 4, 2011 and March 10, 2011. Bids were due on March 15, 2011 at 2 p.m. A total of 8 bids were received. Discussion: Bids were reviewed and ordered based on pricing. A review of the lowest three bidders began (see below). This review included reference checks and each bid to be sure all required documentation was included. A meeting was scheduled with the low bidder, CDB Construction on March 23, 2011. During this meeting, the contractor confirmed that he did not review the civil plans for the project that had been provided. After he reviewed the civil plans, he confirmed that he did not account for some of the site work in his bid price and chose to withdraw his bid. A meeting was scheduled on March 25, 2011 with the next lowest bidder, InterCiti Development, LLC. This meeting was very productive and all parties confirmed the scope and timeline for the project. Two deducts were taken from the initial bid price. These deducts include a refrigerator and a microwave for a total deduction of $1,353.98. Contractor Bid Price Deducts Final Bid Price CDB Construction, Inc. $108,414.00 $1,900.00 $106,514.00 InterCiti Development, LLC $111,970.00 $1,353.98 $110,616.02 Strickland P&C, Inc. $121,625.00 $1,250.00 $120,375.00 Attachments: A Contract between the City of Milton and InterCiti Development, LLC for the Bethwell Community Center Renovation Project, 11-PR01, in the Amount of $110,616.02 CONSTRUCTION AGREEMENT This Construction Agreement (the “Agreement”) is made and entered into this ____ day of _____________, 20____, by and between the City of Milton(hereinafter referred to as the “City”), and InterCiti Development, LLC a Georgia limited liability company with its principal place of business located at 18 Oak View Dr. Dawsonville, GA 30534 (hereinafter referred to as the “Contractor”). W I T N E S S E T H: WHEREAS, the City issued a Request for Bid, dated February 14th, 2011, to solicit bids for FY11 Bethwell Community Center Renovation (11-PR01); and WHEREAS, based upon Contractor’s bid to FY11 Bethwell Community Center Renovation (11-PR01), the City has selected Contractor as the successful 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 it 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; B. Request for Bid (and other bid related documents) attached hereto as Exhibit “A”; C. Bid Documents from Contractor dated March 15th, 2011 attached hereto as 1 A. Exhibit “B”; B. Performance Bond and Payment Bond, attached hereto collectively as Exhibit “C”; C. Noncollusion Affidavit of Prime Bidder, attached hereto as Exhibit “D”; D. Final Affidavit, attached hereto as Exhibit “E”; E. Alien Employment affidavits attached hereto as Exhibits “F” and “G”; F. Plans and specifications, attached hereto collectively as Exhibit “H”; G. Key Personnel, attached hereto as Exhibit “I”; H. Contract Administration provisions from Agreement dated January 3rd, 2011 with MPZ Architects PC (“MPZ”) (the “Architect”), attached hereto as Exhibit “J.” I. 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 all Architect’s plans. Section 2. Project Description The Project is defined generally as follows: FY11 Bethwell Community Center Renovation (11-PR01). 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. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City shall govern. Section 4. Contract Time Contractor agrees to complete the Project within forty 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 3 City agrees to pay the Contractor $110,616.02 (Base Bid minus alternate number five and six) for work performed by Contractor upon certification by the Architect and the City that the work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of, and the issuance by the Architect of a Certificate for Payment regarding, invoices setting forth in detail the work performed and costs incurred. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. The Contractor through each invoice may request payment for no more than ninety percent (90%) of that portion of the Work completed during the term covered by each invoice as agreed upon by the Architect. However, when fifty percent (50%) of the contract value, including any change orders and other additions to the contract value, is due, and the manner of completion of the Work and its progress are reasonably satisfactory to the City, the City shall withhold no more retainage. The final Certificate for Payment issued by the Architect shall include all amounts retained by the City under this paragraph. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handle through change orders or construction change directives as described in Section 6 below. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City subsequent to the issuance of a Certificate for Payment by the Architect. No payments will be made for unauthorized work. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor’s expense. 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 changes shall be incorporated in written change orders or construction change directives prepared by the Architect in accordance with Exhibit “J” and executed by the Contractor and the City. Such change orders or construction change directives 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 and the Contractor shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. 4 B. Any work added to the scope of this Agreement by a change order or construction change directive 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 or construction change directive duly executed on behalf of the City and the Contractor. C. The City Manager has City to execute any number of change orders or construction change directives 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 or construction change directives materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000.00, must be approved by the City of Milton Mayor and 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 or any other similar law or regulation. 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. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals 5 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 6 performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by 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. 7 The Contractor shall furnish copies of all such permits, licenses, or approvals to the City’s Representative within ten (10) days after issuance. Inasmuch as the City and the Contractor are contractors independent of each other neither has the City 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 of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City 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 as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (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 therefrom. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) 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. 8 (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; 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 for General Liability coverage only. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. 9 (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. (d) Builder’s Risk Insurance. Contractor shall provide a Builder’s Risk to be made payable to the City and Contractor, as their interests may appear. The policy amount shall be equal to 100% of the Contract price, written on a Builder’s Risk “All Risk,” or its equivalent. The policy shall be endorsed as follows: “The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy: i) Furniture and equipment may be delivered to the insured premises and installed in place ready for use; and ii) Partial or complete occupancy by Owner; and iii) Performance of Work in connection with construction operations insured by the Owner, by agents or lessees or other Contractors of the Owner or Using Agency.” (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 10 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 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. 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. 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 11 authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the 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 or any other similar law or regulation. 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. 12 P. 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. Q. Key Personnel All of the individuals identified in Exhibit “I” 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 “I”, 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. R. City 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. S. 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 13 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. T. 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 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 14 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. Further, and at its sole discretion, the City may pay Contractor for additional value received as a result of Contractor’s efforts, but in no case shall said payment exceed the total profit and overhead remaining in Contractor’s budget at that time. 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. Construction Administration A. The Architect’s administration of the construction of the Project shall be as described in Exhibit “J.” The Contractor agrees to the construction administration provisions contained in Exhibit “J.” B. The City and the Contractor will communicate with each other in the first instance 15 through the Architect. C. The Architect's decisions in matters relating to aesthetic effect shall be final if consistent with the intent of this Agreement. D. THE DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR UNDER THIS AGREEMENT SHALL IN NO MANNER WHATSOEVER BE CHANGED, ALTERED, DISCHARGED, RELEASED, OR SATISFIED BY ANY DUTY, OBLIGATION OR RESPONSIBILITY OF THE ARCHITECT. THE CONTRACTOR IS NOT A THIRD-PARTY BENEFICIARY OF ANY AGREEMENT BY AND BETWEEN THE OWNER AND THE ARCHITECT. IT IS EXPRESSLY ACKNOWLEDGED AND AGREED THAT THE DUTIES OF THE CONTRACTOR TO THE CITYARE INDEPENDENT OF, AND ARE NOT DIMINISHED BY, ANY DUTIES OF THE ARCHITECT TO THE CITY. Section 12. 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 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 16 written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton 13000 Deerfield Parkway Suite 107 City Manager Milton, GA 30004 NOTICE TO CONTRACTOR shall be sent to: InterCiti Development, LLC Keith W. O’Brien PO Box 1272 Cumming, GA 30028 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 City; 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. Any additional reasonable costs incurred by Contractor as a result of such extension may be added to the Contract price subject to the terms of Section 6 and approval of a Change Order relating to same. 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. [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] 17 InterCiti Development, LLC By: ____________________________________ Print Name and Title___________________ Attest: ____________________________________ [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] 18 CITY OF MILTON ____________________________________ [CITYSEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ EXHIBIT “A” RFB Bethwell Renovation (11-PR01 Pre-bid 2-24 sign in sheet.pdf Addendum #1.pdf Addendum #2.pdf 19 EXHIBIT “B” 20110315095936385 .pdf 20 1 CITY OF MILTON REQUEST FOR BID (THIS IS NOT AN ORDER) Bid Number: 11-PR01 Project Name: FY11 BETHWELL COMMUNITY CENTER RENOVATION Due Date and Time: March 15th, 2011 Local Time: 2:00pm Number of Pages: 59 ISSUING DEPARTMENT INFORMATION Issue Date: February 14th, 2011 City of Milton Parks and Recreation Department 13000 Deerfield Pkwy, Suite 107G Milton, Ga. 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004 Mark Face of Envelope/Package: Bid Number: 11-PR01 Name of Company or Firm Special Instructions: Deadline for Written Questions March 1st, 2011 Email(preferred) questions to Rick Pearce at rick.pearce@cityofmiltonga.us or Fax questions Attn: Rick Pearce at 678-242-2499 IMPORTANT: SEE STANDARD TERMS AND CONDITIONS BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE 2 Request for Bid FY11 BETHWELL COMMUNITY CENTER RENOVATION BID NUMBER 11-PR01 Sealed Bid Due Date: March 15th 2011 2:00PM Local Time Milton City Hall To be opened approximately 2:05PM in the Courthouse The City reserves the right to reject any and all bids. The Request for sealed bids for FY11 BETHWELL COMMUNITY CENTER RENOVATION is available by visiting our website http://www.cityofmiltonga.us or http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp See bid document for mandatory pre-bid meeting information 3 Table of Contents Topic Page Request for Bid 4 Bid Form 6 Bidding Instructions (What must be submitted) 9 Insurance/Bond Requirements 10 List of Drawings 11 Bonds 12 Bid Payment Performance Qualifications Signature and Certification 21 Corporate Certificate 21 List of Subcontractors 22 Contract Agreement 23 EPD Air Quality Rules 51 Bid Schedule 52 Project List of Previous Work 53 Project Specifications 54 Bid Price Certification 57 Disclosure form 58 Schedule of Events 59 4 CITY OF MILTON Request for Bid 11-PR01 The City of Milton is accepting bids for FY11 BETHWELL COMMUNITY CENTER RENOVATION for work shown on architectural and civil plans dated February 8, 2011 and all applicable addenda including, but not limited to, grading and site preparation; installation of gravel parking area and concrete ADA parking space and sidewalk; demolition of existing restrooms and porch; construction of new restrooms/storage area addition and porch; sealing of existing ACM tile and addition of new flooring in community room; installation of VCT and ceramic tile in restrooms; replacement of existing windows, doors, sinks fixtures, cabinets, countertops, toilets; painting, replacement of electrical and plumbing; and installation heating and air conditioning system in the existing Bethwell Community Center. The location of the work is Bethwell Community Center in Milton, Georgia. The Plans will be available for pickup on Monday, February 14th, 2011. All interested vendors may pick up plans (on a CD) at the City of Milton for no charge during normal business hours. Your contacts for the plans are Rick Pearce or Cyndee Bonacci (Suite 107G). There will be a mandatory pre-bid meeting at the Bethwell Community Center, 2695 Hopewell Road, Milton, Georgia on Thursday, February 24th at 10 a.m. Please hold all questions until the pre- bid meeting. The Bethwell Community Center will be open to contractors by appointment only after the pre-bid meeting through March 9th, 2011. The Contractor and all subcontractors must comply with the rules and regulations of the Federal Fair Labor Standards. The Contractor and subcontractors must also comply with the certifications and the provisions in the Contract Documents that ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. Sealed bids will be received no later than 2:00 PM Local Time on March 15th. Sealed bids shall be submitted to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004. At approximately 2:05 PM Local Time on March 15th, 2011 bids will be publicly opened and the bidder’s name and total bid amount will be read aloud at: City of Milton Courthouse 13000 Deerfield Parkway Suite 107E Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (11-PR01) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND FOUR (4) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions after the pre-bid meeting must be in writing. For questions, please email (preferred) Rick Pearce at rick.pearce@cityofmiltonga.us or fax questions to 678-242-2499 Attn: Rick Pearce. Deadline for questions is March 1th, 2011 at 5:00pm. Official answers to questions and potential changes to the RFB (Addendums) will be posted at the same web locations as the 5 RFB on or about March 4th, 2011. Any other form of interpretation, correction, or change to this RFB will not be binding upon the City. It is the bidder’s responsibility to check the websites for potential updates. Please refer to Bid (11-PR01) and bid name (FY11 BETHWELL COMMUNITY CENTER RENOVATION) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within five (5) calendar days after the “Notice to Proceed” is issued. The time of completion for the project is forty (40) calendar days from the date of the “Notice to Proceed.”At all times a superintendent must be on site while work is being performed. 6 BID FORM BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Request for Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 11-PR01 FY11 BETHWELL COMMUNITY CENTER RENOVATION The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule (Lump sum with alternate pricing). The Bidder shall be responsible for performing with his own organization at least Thirty Percent (30%) of the work in this contract. The Bidder shall not subcontract, transfer, assign, or otherwise dispose of the contract or any portion thereof, without the written consent of the City. The Bidder must have a current General Contractor License issued by the State of Georgia with a minimum requirement of Light Commercial. The successful Bidder shall secure and pay for necessary approvals, permits, assessments, and changes required for the construction and installation of this project as required by local, state, and federal regulations. The Bidder must comply with Title VI of the Civil Rights Act of 1964, the Anti-Kickback Act, the Contract Work Hour Standard Act, and the National Occupational Safety and Health Act of 1970. The Bidder must certify that they do not and will not maintain or provide for their employees any facilities, which are segregated on a basis of race, color, creed, or national origin. 7 The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within five (5) calendar days from receipt of Notice to Proceed and to complete all Work within forty (40) calendar days from the Notice to Proceed. By: __________________ Title: _____________ Name of Company: __________________ 8 BID FORM BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE Attached hereto is an executed Bid Bond _________________________________________ _______________in the amount of __________________ Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ Bidder further declares that the full name and resident address of Bidder’s Principal is as follows: Signed, sealed, and dated this _______________ day of _____________________________ Bidder _______________________ (Seal) Company Name Bidder Mailing Address: By: Title: By: Title: 9 BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: • Filled out and signed Request for Bid (Page 1) • City Bid Schedule (Page 52 ), City Bid Form (Page 6 ), and City Bid Bond (Page 12) • Applicable Addenda Acknowledgement (If any). • Qualification Signature and Certification/Corporate Certificate (Page 21) • List of Subcontractors (Page 22) • Bid Price Certification (Page 57) • Disclosure Form (Page 58) • Project list of previous like work that meet the experience requirement along with references (as stipulated on Page 53). • Proof of General Contractor License issued by the State of Georgia with a minimum requirement of Light Commercial. INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a firm fixed price contract with one firm to be the primary supplier of the FY11 BETHWELL COMMUNITY CENTER RENOVATION. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. See sample contract for termination clause. Title to any supplies, materials, equipment or other personal property shall remain the Contractors’ until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or property, or equipment incurred during the course of work shall be repaired at the contractor’s expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the RFB on the lowest, best, responsible, and responsive bidder. 10 INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are included in the CONTRACT AGREEMENT below. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish bonds for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the contract price. Bonds shall be issued by a corporate surety appearing on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A PROPOSAL The costs for developing and delivering responses to this RFB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this RFB become the property of the City of Milton. 11 Bethwell Community Center Renovation and Addition Drawing List The Contractor shall complete the Work described in the Contract Documents for the Project. The Contract Documents consist of the drawings and specifications prepared by the Architect, dated 02-08-11, Release for Construction, and Civil Engineer, dated 2-8-11, and enumerated as follows: Architectural Package A0.0 Cover Sheet A1.0 Demolition Floor Plan A1.1 New Floor Plan A2.0 Demolition and New Reflected Ceiling Plan A3.0 Roof Plan and Finishes Plan A4.0 Exterior Elevations A5.0 Building Sections and Details A5.1 Sections and Details A6.0 Interior Elevations A7.0 Millwork Details M1.0 HVAC Floor Plans M2.0 HVAC Specifications P1.0 Plumbing Floor Plan P2.0 Plumbing Specifications E1.0 Electrical Legend, Specifications, Notes, and Details E2.0 Electrical Specifications Civil Engineer Package Cover Sheet 1 Existing Conditions 2 Site Plan 3 Grading Plan 4 Erosion Control Plan PH I 5 Erosion Control Plan PH II and PH III 6 Septic Plan 7 Erosion Control Details 8 Standard Details 12 BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the “City” (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: ______________________ (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: ___________________________ Signature and Title: Signature and Title: (Attach Power of Attorney) Attest: Attest:_________________________ Signature and Title: Signature and Title: Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, 13 administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf 14 of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. 15 REFERENCE PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT (as CONTRACTOR, hereinafter referred to as the “Principal”), and ___ (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as , (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A “Claimant” shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor’s Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of , 20 . (Name of Principal) By: Title: (SEAL) (Signatures Continued on Next Page) Attest: ______________________ Title:_________________ Date:__________________ (Name of Contractor’s Surety) By: Title: (SEAL) Attest: _____________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) REFERENCE PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT (as CONTRACTOR, hereinafter referred to as the “Principal”), and (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 20 which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as , (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may 19 hereafter be made, and if the Principal and the Contractor’s Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor’s Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor’s Surety; and b. The means, method or procedure by which the Contractor’s Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor’s Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. 20 IN WITNESS WHEREOF, the principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys-in-fact, this day of , 20 . (Name of Principal) By: ___________ Title: (SEAL) Attest: _____________________ Title:________________ Date:_________________ (Name of Contractor’s Surety) By:____ _____ Title: (SEAL) Attest: _____________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) 21 QUALIFICATIONS SIGNATURE AND CERTIFICATION BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name_________________________________ Print/Type Company Name Here_______________________________________________ CORPORATE CERTIFICATE I, ___________________________________, certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that _______________________________________ who signed said bid in behalf of the Contractor, was then (title)_________________________ of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of _________________________________. This _________________ day of ________________, 20______ ______________________________________(Seal) (Signature) 22 LIST OF SUBCONTRACTORS BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE I do _________, do not _______, propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Subcontractor: Company Name ___________________________ Services ___________________________ Subcontractor: Company Name ___________________________ Services ___________________________ Subcontractor: Company Name ___________________________ Services ___________________________ Subcontractor: Company Name ___________________________ Services ___________________________ Subcontractor: Company Name ___________________________ Services ___________________________ Bidder ___________________________________________________ 23 REFERENCE ONLY BIDDERS DO NOT RETURN THIS AGREEMENT WITH BID RESPONSE. The City of Milton requires 30% participation by the Prime Contractor on all projects. CONSTRUCTION AGREEMENT This Construction Agreement (the “Agreement”) is made and entered into this ____ day of _____________, 20____, by and between the City of Milton(hereinafter referred to as the “City”), and XXXXXXXXX, a Georgia corporation with its principal place of business located at XXXXXXX (hereinafter referred to as the “Contractor”). W I T N E S S E T H: WHEREAS, the City issued a Request for Bid, dated XXXX, to solicit bids for XXXXXXXXXXX; and WHEREAS, based upon Contractor’s bid to XXXXXXXXX, the City has selected Contractor as the successful 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 it 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; B. Request for Bid attached hereto as Exhibit “A”; 24 C. Bid Documents from Contractor dated XXXXX attached hereto as Exhibit “B”; D. Performance Bond and Payment Bond, attached hereto collectively as Exhibit “C”; E. Noncollusion Affidavit of Prime Bidder, attached hereto as Exhibit “D”; F. Final Affidavit, attached hereto as Exhibit “E”; G. Alien Employment affidavits attached hereto as Exhibits “F” and “G”; H. Plans and specifications, attached hereto collectively as Exhibit “H”; I. Key Personnel, attached hereto as Exhibit “I”; J. Contract Administration provisions (i.e. XXXXXXXXXXX) from Agreement dated XXXX with XXXX, Inc. (the “Architect”), attached hereto as Exhibit “J.” K. 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 all Architect’s plans. Section 2. Project Description The Project is defined generally as follows: XXXXXXX 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. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City shall govern. Section 4. Contract Time Contractor agrees to complete the Project within XXXX 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 City agrees to pay the Contractor $XXXXX for work performed by Contractor upon 25 certification by the Architect and the City that the work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of, and the issuance by the Architect of a Certificate for Payment regarding, invoices setting forth in detail the work performed and costs incurred. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. The Contractor through each invoice may request payment for no more than ninety percent (90%) of that portion of the Work completed during the term covered by each invoice as agreed upon by the Architect. However, when fifty percent (50%) of the contract value, including any change orders and other additions to the contract value, is due, and the manner of completion of the Work and its progress are reasonably satisfactory to the City, the City shall withhold no more retainage. The final Certificate for Payment issued by the Architect shall include all amounts retained by the City under this paragraph. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handle through change orders or construction change directives as described in Section 6 below. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City subsequent to the issuance of a Certificate for Payment by the Architect. No payments will be made for unauthorized work. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor’s expense. 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 changes shall be incorporated in written change orders or construction change directives prepared by the Architect in accordance with Exhibit “J” and executed by the Contractor and the City. Such change orders or construction change directives 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 and the Contractor 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 or construction change directive shall be executed under all the applicable conditions of this 26 Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order or construction change directive duly executed on behalf of the City and the Contractor. C. The City Manager has City to execute any number of change orders or construction change directives 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 or construction change directives materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000.00, must be approved by the City of Milton Mayor and 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 or any other similar law or regulation. 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. 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 27 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 XXXX 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 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 28 the result of willful, negligent or tortious 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’s Representative within ten (10) days after issuance. Inasmuch as the City and the Contractor are contractors independent of each other neither has the City 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 29 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 of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City 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 as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (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 therefrom. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) 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 30 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 for General Liability coverage only. (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: 31 (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. (d) Builder’s Risk Insurance. Contractor shall provide a Builder’s Risk to be made payable to the City and Contractor, as their interests may appear. The policy amount shall be equal to 100% of the Contract price, written on a Builder’s Risk “All Risk,” or its equivalent. The policy shall be endorsed as follows: “The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy: i) Furniture and equipment may be delivered to the insured premises and installed in place ready for use; and ii) Partial or complete occupancy by Owner; and iii) Performance of Work in connection with construction operations insured by the Owner, by agents or lessees or other Contractors of the Owner or Using Agency.” (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. 32 (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 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. 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. 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, 33 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 or any other similar law or regulation. 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. 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. 34 Q. Key Personnel All of the individuals identified in Exhibit “I” 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 “I”, 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. R. City 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. S. 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 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. T. 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 35 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 in order for Contractor to complete the Work. B. City’s Representative XXXXXXXXX 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. Further, and at its sole discretion, the City may pay Contractor for additional value received as a result of Contractor’s efforts, but in no case shall said payment exceed the total profit and overhead remaining in Contractor’s budget at that time. 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 36 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. Construction Administration A. The Architect’s administration of the construction of the Project shall be as described in Exhibit “J.” The Contractor agrees to the construction administration provisions contained in Exhibit “J.” B. The City and the Contractor will communicate with each other in the first instance through the Architect. C. The Architect's decisions in matters relating to aesthetic effect shall be final if consistent with the intent of this Agreement. D. THE DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR UNDER THIS AGREEMENT SHALL IN NO MANNER WHATSOEVER BE CHANGED, ALTERED, DISCHARGED, RELEASED, OR SATISFIED BY ANY DUTY, OBLIGATION OR RESPONSIBILITY OF THE ARCHITECT. THE CONTRACTOR IS NOT A THIRD-PARTY BENEFICIARY OF ANY AGREEMENT BY AND BETWEEN THE OWNER AND THE ARCHITECT. IT IS EXPRESSLY ACKNOWLEDGED AND AGREED THAT THE DUTIES OF THE CONTRACTOR TO THE CITYARE INDEPENDENT OF, AND ARE NOT DIMINISHED BY, ANY DUTIES OF THE ARCHITECT TO THE CITY. 37 Section 12. 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 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 107 City Manager Milton, GA 30004 NOTICE TO CONTRACTOR shall be sent to: XXXXXXXX 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 38 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 City; 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. Any additional reasonable costs incurred by Contractor as a result of such extension may be added to the Contract price subject to the terms of Section 6 and approval of a Change Order relating to same. 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. XXXXXXXXXXXXXXXXXXX By: ____________________________________ Attest: ____________________________________ [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] 39 My Commission Expires: [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] CITY OF MILTON ____________________________________ [CITYSEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ 40 EXHIBIT “C” PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS THAT XXXXXX, Inc. (as CONTRACTOR, hereinafter referred to as the “Principal”), and ____________________ (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 20 which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as XXXXXXXX, (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the conditions of this obligation are as follows: 41 3. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor’s Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 4. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor’s Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor’s Surety; and b. The means, method or procedure by which the Contractor’s Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor’s Surety hereby waives notice of any and all modifications, omissions, 42 additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys-in-fact, this day of , 20 . (XXXXXXXXXXX) By: ___________ Title: (SEAL) Attest:_____________________ Title:________________ Date:_________________ (Name of Contractor’s Surety) By:____ _____ Title: (SEAL) Attest: _____________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) 43 EXHIBIT “C” PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT XXXXXXXXXX(as CONTRACTOR, hereinafter referred to as the “Principal”), and (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as XXXXXXXXXXXX, (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. 44 A “Claimant” shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor’s Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of , 20 . (XXXXXXXXXXX) By: Title: (SEAL) (Signatures Continued on Next Page) Attest: ______________________ Title:_________________ 45 Date:__________________ (Name of Contractor’s Surety) By: Title: (SEAL) Attest: _____________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) 46 EXHIBIT “D” 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 XXXXXXXXX (the “Bidder”) that has submitted the attached Bid; (2) He is fully informed respecting their preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of 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 or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair an 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) ____________________________ Subscribed and Sworn to before me (Name) ______________________________ this ________ day of May, 2009. Title ___________________________ ________________________ (SEAL) My Commission Expires _______________ Date 47 EXHIBIT “E” FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, _______________________________, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by XXXXXXXX or any of its subcontractors in connection with the construction of the XXXXXX for the City have been paid and satisfied in full as of ______________, 20_____, and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. ______________________________ Signature ______________________________ Title Personally appeared before me this ____ day of ________, 20____._______________________, who under oath deposes and says that he is ______________________________ of the firm of XXXXXXX that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. ______________________________ Notary Public My Commission Expires ______________________________ 48 EXHIBIT “F” 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 has registered with and is participating in a federal work authorization program, in accordance with the applicable 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, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit “1.” Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City 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 XXXXXXXXXXXX _________________________________________ Title of Authorized Officer or Agent of Contractor _________________________________________ Printed Name of Authorized Officer or Agent SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ 49 EXHIBIT “G” 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 has registered with and is participating in a federal work authorization program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Subcontractor Name) _________________________________________ Title of Authorized Officer or Agent of Subcontractor _________________________________________ Printed Name of Authorized Officer or Agent SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ 50 EXHIBIT “I” KEY PERSONNEL 51 ***NOTICE TO CONTRACTORS*** EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER 391-3-1-02-05 . For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534 – FAX 52 BID SCHEDULE BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE TOTAL BASE BID PRICE $_______________ TOTAL # OF DAYS TO COMPLETE PROJECT _______ Schedule of Alternates A. Alternate No. 1: Provide alternate price to omit 1x6 tongue and groove roof sheathing boards at Porch 100. DEDUCT $___________________to Base Bid B. Alternate No. 2: Provide alternate price to add install 5/8” OSB exterior grade roof sheathing at Porch 100. ADD $_______________________to Base Bid C. Alternate No. 2: Provide alternate price to omit LAM-01, commercial laminated flooring in Community Room 101. DEDUCT $___________________to Base Bid D. Alternate No. 3: Provide alternate price to add VCT-01, composite tile flooring in Community Room 101, installed in accordance to manufacture’s specifications. Install over existing tile flooring. Seal existing floor with epoxy sealer. ADD $___________________to Base Bid E. Alternate No. 4: Provide an alternate price to provide a self-leveling floor resurfacer in Community Room 101. Basis of design Quikrete Fast-Setting Underlayment. ADD $___________________to Base Bid F. Alternate No. 5 : Provide an alternate price to omit GE Refrigerator Model # GBSL0HCXLLS DEDUCT $___________________to Base Bid G. Alternate No. 6: Provide an alternate price to omit GE Microwave Model # JES1142SJ DEDUCT $___________________to Base Bid H. Alternate No. 7: Provide an alternate price to omit 12” deep (4) Melamine shelves on stainless steel regular-duty stainless steel brackets and standards, manufactured by Knape & Vogt. DEDUCT $___________________to Base Bid I. Alternate No. 8: Provide an alternate price to omit prefinished fixed fiber-glass clad wood windows with insulated glass panes, and including priming and painting of interior sash. DEDUCT $___________________to Base Bid J. Alternate No. 8: Provide an alternate price to add prefinished fixed vinyl windows Dual Glazed Low-E Glass w/ Argon and grilles. Provide brick mould. Windows to be reinstalled in existing opening. Basis of Design: Vytex Windows, Heritage. Exterior Color: Sable. Interior: Beige. ADD $___________________to Base Bid Unit Prices Item Description Units Unit Price Commercial Grade GAB TN $________ Class B Concrete CY $________ Concrete Wheel Stops EA $________ The City shall have the option of exercising any or all of the unit prices listed above at any point in the project. All unit price amounts shall be items furnished and installed based on the project specified materials. 53 PROJECT LIST OF PREVIOUS WORK BIDDER MUST RETURN THIS SHEET WITH BID RESPONSE The Bidder certifies under oath and acknowledges that the following Work has been completed solely under his direction and invites detailed attention to five (5) like projects (minimum of three projects) completed in the past five (5) years listed below: Project One * Location Contact Person / Phone Number _______________ ______________________________ _____________________________ Date Completed Basic Scope Contract Price _______________ ______________________________ _____________________________ Project Two * Location Contact Person / Phone Number _______________ ______________________________ _____________________________ Date Completed Basic Scope Contract Price _______________ ______________________________ _____________________________ Project Three * Location Contact Person / Phone Number _______________ ______________________________ _____________________________ Date Completed Basic Scope Contract Price _______________ ______________________________ _____________________________ Project Four Location Contact Person / Phone Number _______________ ______________________________ _____________________________ Date Completed Basic Scope Contract Price _______________ ______________________________ _____________________________ Project Five Location Contact Person / Phone Number _______________ ______________________________ _____________________________ Date Completed Basic Scope Contract Price _______________ ______________________________ _____________________________ *required 54 PROJECT SPECIFICATIONS A. PROJECT DESCRIPTION The City of Milton Parks and Recreation Department (City) requests for interested parties to submit formal sealed bids for FY11 BETHWELL COMMUNITY CENTER RENOVATION, 11-PR01. The project location is 2695 Hopewell Road, Milton, Georgia 30004. This project shall comply with all federal, state, county and City of Milton currently adopted construction codes and follow the architectural and site plan specifications. All references for project scope and specifications are included in the plans available on CD at City of Milton, 13000 Deerfield Parkway, Suite 107 G, Milton, Georgia 30004. Alternate prices may be considered to increase or decrease value of the base bid price. To bid on this contract, the Contractor must hold a current General Contractor License issued by the State of Georgia with a minimum requirement of Light Commercial. Additionally, vendor must have a minimum of 5 years of experience with like projects. The contractor shall submit with the bid a qualification sheet listing like projects within the past 5 years that meet the experience requirement along with references. B. SPECIAL PROVISIONS DESCRIPTION: This work shall consist of some demolition, new construction and renovation work in addition to site work. MATERIALS: The materials to be used and the Specifications for them are listed in the architectural and civil plans dated February 8, 2011 and all applicable addenda. EQUIPMENT: All equipment necessary for the proper completion of this project shall be in satisfactory condition before construction will be permitted to begin. CONSTRUCTION METHODS: Refer to architectural and civil plan specifications dated February 8, 2011 and all applicable addenda. C. PROSECUTION AND PROGRESS The City desires to have all work completed by May 20, 2011 OR a maximum of forty (40) days from Notice to Proceed. Please indicate on the Bid Schedule the calendar days to complete the project. This information will be considered when awarding this contract. The Contractor will mobilize with sufficient forces such that all construction identified as part of this contract shall be substantially completed within the calendar days indicated on the Bid 55 Schedule. Normal workday for this project shall be 9:00 am to 5:00 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on City recognized holidays. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the contractor at his expense prior to issuance of Final Acceptance. 10% retainage will be held from the total amount due the contractor until Final Acceptance of work is issued by the City. The contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. The scope of work includes architectural and civil plans dated February 8, 2011 and all applicable addenda including, but not limited to, grading and site preparation; installation of gravel parking area and concrete ADA parking space and sidewalk; demolition of existing restrooms and porch; construction of new restrooms/storage area addition and porch; sealing of existing ACM tile and addition of new flooring in community room; installation of VCT and ceramic tile in restrooms; replacement of existing windows, doors, sinks fixtures, cabinets, countertops, toilets; painting, replacement of electrical and plumbing; and installation heating and air conditioning system in the existing Bethwell Community Center. D. PERMITS AND LICENSES The contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. E. DEVIATION OF QUANTITIES The quantities of materials given are best estimates only and may vary slightly from those indicated. Contractor will notify the City in writing if additional items are identified or quantities of contract items will exceed plan. At no time will contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. F. UTILITIES Contractor shall be responsible for coordinating any utility location or relocation necessary to the completion of the work. G. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, etc. 56 along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non-execution thereof by the contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The contractor shall correct all disturbed areas before retainage will be released. H. CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the contractor fails to accomplish restoration and clean-up within an acceptable period of time. All debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean- up activities may result in suspension of the work. Contractor is required to provide port-a-johns on site in a non-intrusive area and must be serviced regularly throughout the project. 57 BID PRICE CERTIFICATION BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY_____________________________________________________________________ ADDRESS_____________________________________________________________________ AUTHORIZED SIGNATURE______________________________________________________ PRINT / TYPE NAME ___________________________________________________________ 58 DISCLOSURE FORM BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your Bid package when it is submitted. Name of Bidder __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 59 SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Date: Release of RFB 2/14/2011 Mandatory Pre-Bid meeting- 2/24/2011 @ 10:00 AM First opportunity to ask/submit questions Bethwell Community Center 2695 Hopewell Road, Milton, Georgia 30004 Deadline for Written Questions 3/01/2011 @ 5:00 PM *Submit via E-Mail (preferred) or Fax to Rick Pearce of Purchasing Office City of Milton Addendum (on or about) 3/04/2011 (Official answers to questions and potential changes to RFB. Addendum will be posted at the same web locations as the RFB) Bids due 3/15/2011 @ 2:00PM Bids are due to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite-107G Milton, Ga. 30004 Contract Award (On/about) Week of 4/11/2011 Arl ' 3 CV Vi �. n ex, D J C5' _ � �N � : �- � � j� T 6Zi oi4 7zb �- vi k m .. � ter. � � ' � � � i•. �^ `�"� � s P � Y J � � 1 � yam• '1 Lam• ,JI , n � ("� � J t� n `� �.: � �m 4 1 C vjkr ` -.r 1 G k c AC - CAN J l _! tIA 3ti, I LIN Ln d ..0 y hZ.n d r V � � PIZ- UN J [L• Ir t s DC C A ti a fi' Arl ' 3 � _ v fV = _CTtb E3 a � G a V T Y`' r�1Cj '• , ..t fD1 3 F� m i ro 7}r <20 1 11-PR01 ADDENDUM #1 March 4, 2011 Total Pages: 7 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 Bid Number: 11-PR01 Project Name: FY11 Bethwell Community Center Renovation Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.pearce@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFB. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date 2 11-PR01 ADDENDUM #1 March 4, 2011 Total Pages: 7 Written questions submitted and City of Milton answers: Bethwell Community Center Renovation Project – 11-PR01 Mandatory Pre-bid Meeting – February 24, 2011 at 10 a.m. Those present on behalf of City of Milton – Rick Pearce, Jeanette Citta, Tom Gilliam, Cyndee Bonacci, Marnie Zagranski – MPZ Architects, PC, John Norton and Jim Courson – EIS, Inc. All contractors and contractor representatives were asked to sign in. Q1. Will you describe the scope of the building renovation? Regarding the awning over the door, will that be removed or raised because the doors will be opening out? A1. Corner to corner porch addition with new roof; demolition of existing bathrooms, keeping the existing roof; construction of new bathrooms with access from inside; outside of building cleaned and painted; addition of new insulated windows; interior walls will be cleaned and painted; ceiling will be cleaned up and a new top coat added; floor will be sealed and covered with new floor; new kitchenette area will be added; old kitchenette area will be removed; a heating/air unit and system will be added in the attic near the existing access point; existing septic will be pumped out by City prior to construction. The awning will be raised and we will use the awning that is already there. Q2. Has testing for interior lead paint been completed? A2. Not that the City is aware of. The Contractor is responsible for lead testing prior to building disturbance. Q3. Is this asbestos tile? A3. Yes. The existing tile floor has been determined to be an ACM tile. Q4. Will all of the electrical be new? A4. Yes. All the electrical will be required to be new and up to current building codes. The existing fluorescent light fixtures in Community Room 101 are to remain, but an alternate (No. 9) has been provided. Q5. How many trees will be removed and is that work part of the bid? A5. A total of three trees will be removed by the General Contractor. A 15” cedar at the front corner of the building; A 24” pine at the opposite corner of the building where the corner of the new porch will be; A 34” pine near the entrance Q6. Will a door and hardware schedule be added? A6. Yes. Refer to revised drawing A1.1 dated 03.04.11 for door schedule. Q7. Will you provide an overview of the site work? Is the removal of the propane tank part of the bid plan? A7. The site work includes the addition of a gravel parking area with 17 parking spaces. Each parking space includes a curb stop. One space is a handicap parking space with a sidewalk connection to the side of the building. With some fill added on the corner this sidewalk with lead up to the corner of the porch. The entrance drive is paved from the existing edge of pavement to the 3 11-PR01 ADDENDUM #1 March 4, 2011 Total Pages: 7 right-of-way line. The road widening and related storm drainage for a decal lane are shown as Phase II and are not part of this phase of work. No, the city will arrange to have the propane tank removed by either the owner or the city. Q8. Will E-verify be required? A8. Yes. Q9. Is the building permit ready? Will the General Contractor be responsible for the building permit? A9. The contractor will complete a simple form provided by the Milton Community Development Department. The City will approve the permit the same day. Q10. Will the City entertain suggestions for alternates? A10. No, suggestions for alternates will not be accepted during the bid process. Once a General Contractor is selected, suggestions may be provided and considered. Q11. Are new lines being added to the septic? A11. The City is required by Fulton County to show a reserve area if the existing septic and lines should ever fail. The addition of a reserve system is not part of this project. Q12. Are there any septic lines under the new parking? A12. No. Q13. What are the deadlines for questions? A13. All written questions are due to Rick Pearce by 5 p.m. on Tuesday, March 1, 2011. The addendum will be released on our about Friday, March 4, 2011. If a second deadline for questions and a second addendum is warranted, it will be noted in the initial addendum. Please note: The second deadline for additional written questions is Wednesday, March 9, 2011 at 5 p.m. A second addendum will be released on or about Friday, March 11, 2011. Please note: Only General Contractors who attended the mandatory pre-bid meeting and meet the minimum qualifications will be considered as the primary bidder. Q14. Is there a published budget for this project? A14. No. Q15. What is the construction timeframe? A15. A notice to proceed will be issued on or about Tuesday, April 12, 2011. Final completion should be on or about Friday, May 20, 2011. The maximum allowance for completion is 40 days from Notice to Proceed. Q16. Will NPDES be required for this project? Will Davis Bacon? A16. No. No. Q17. Will there be access to the building for subcontractors? A17. Yes. Requests for access to the interior of the building should be sent to Cyndee Bonacci, Cyndee.bonacci@cityofmiltonga.us. She will schedule access at the convenience of the City until 5 p.m. on Wednesday, March 9, 2011. It is not necessary to schedule exterior access. 4 11-PR01 ADDENDUM #1 March 4, 2011 Total Pages: 7 Q18. What is the material for the porch ceiling? A18. Refer to 2/A2.0 for clarification. An alternate product has been requested. Q19. Will there be notes included for the sidewall of the porch? A19. Yes. Refer to revised drawing 6/A5.0 dated 3.4.11 for additional detail. Q20. Where is the nearest power source to the building? A20. There is a pole on the northwest corner of the property. Additional questions received outside of pre-bid meeting: Q21. Is structure at present headwall part of Phase I? A21. Yes. Q22. Is asphalt entrance part of Phase I? A22. Phase I includes the entrance being paved with asphalt from the edge of pavement to the right-of-way and does not include the decel lane which would be part of Phase II. Q23. Do you have a door hardware schedule? Heavy duty commercial grade, Light duty commercial grade, residential grade? Removable key cores? Do any of the doors need to be keyed to any City of Milton key system? Closers? Dead bolts? Panic devises? Can you please elaborate on the hardware requirements? A23. Refer to revised drawing A1.1 dated 03.04.11 for Door Schedule Q24. Does the double outswinging door have an astragal? Or is it set up like a patio door with one normally inactive latch bolted leaf and one normally active leaf? If it has no astringal, I believe it will require vertical rod panic hardware in order to secure the door unless it is set up as a patio style door as described above. Can you please clarify? A24. Refer to revised drawing A1.1 dated 03.04.11 for Door Schedule Q25. Regarding the exterior windows, one sheet calls Marvin “Integrity” F.G. windows as the design standard. Another sheet calls for clad wood double hung windows. Will either/both be a “fiberglass” window unit or a “clad” wood unit (I am assuming aluminum and/or PVC clad) be acceptable? Marvin is not the only manufacturer of fiberglass windows, are others F.G. unit manufacturers acceptable (i.e. – Pella)? A25. Refer to revised drawing A3.0 dated 03.04.11 for window specification. Q26. Will there be a bid bond required for this project? A26. Yes. Q27. Does the Davis Bacon act (Prevailing of wages) apply to this project? A27. No. Q28. Are there stumps to be removed? A28. Yes. 5 11-PR01 ADDENDUM #1 March 4, 2011 Total Pages: 7 Q29. Is the water supply to run to the meter? Where is the water meter? A29. No. There is existing water service to the southeast corner of the building. The water meter is located near the edge off pavement on Hopewell Road. Q30. Where does the new water heater go? A30. Under sink, Instant Hot. Q31. Is there a fire alarm? If yes, who provides it? A31. No fire alarm has been provided. Furnish and install four (4) ceiling mounted smoke detectors in the Community Room 101 and one (1) ceiling mounted smoke detector in the Storage Room 102. The exact location of the smoke detectors will be determined in the field at a later date. Two (2) smoke detectors shall be 120 volt with internal battery back-up. Smoke detectors shall be looped together such that if one detector goes OFF the other detectors shall also go OFF. Three (3) smoke detectors shall be powered from Panel “LA”. Furnish as new 20 AMP, 1-pole circuit breaker in panel “LA”, position #26 to power the smoke detectors. Feed with minimum 2 #12, 1 #12 GND – ½” Conduit. Q32. Should there be low voltage for phone and cable? A32. This will be addressed in Addendum #2 Q33. Is there exterior brick at closet around bathrooms? A33. No. Refer to cross-section 1/A5.0 and Wall Type A3 on A1.1. Q34. What material should finish the porch ceiling? A34. Refer to 2/A2.0 for clarification. An alternate product has been requested. Q35. In the pre bid the question was asked about the lead paint but I didn’t hear the answer. A35. Lead testing will the responsibility of the Contractor. Q36. In storage room 102, restroom 103, and 104 there are no supply ducts for Heat & Air. A36. Provide wall heaters, refer to revised drawings M1.0 and E1.0 dated 3.4.11 for additional information. Three wall mounted heaters have been added under the mechanical / HVAC portion of the project. Each heater will require a dedicated 120 volt circuit. Provide a local disconnect switch at each heater. Refer to the revised mechanical drawing for exact location of heaters. Furnish three (3) 20 amp, 1-pole circuit breakers in panel “LA”, positions # 28, 30 and 32 to power the wall heaters. Feed each heater with a separate circuit, with minimum 2 #12, 1 #12 GND – ½” Conduit. Q37. There appears to be no Door and Frame and Hardware Schedule on the plans. A37. Refer to revised drawing A1.1 dated 03.04.11 for Door Schedule. Q38. Does the project require a land disturbance permit from the County or City? A38. Yes. The permit will be issued by the City. Q39. Does site have unsuitable soil conditions at any area where there is new work? A39. None of which the City is aware. Q40. If contractor is held responsible to remove unsuitable soil or mass rock is Geo report available? 6 11-PR01 ADDENDUM #1 March 4, 2011 Total Pages: 7 A40. No Geotechnical report is available. Q41. On the mechanical HP-1, does not show concrete pad, will the fiberglass be acceptable? A41. No fiberglass. A concrete pad is to be provided. Q42. Phase II to be by City, Do we need to price alternate for you? A42. No. Q43. Does exterior awning need to be raised, if so what height? A43. Yes. The existing shed awning is to be raised 8”. New wall to roof flashing is to be provided and sealed. Q44. Plans show removing existing sanitary line to tank. Are existing bleeder lines to be removed and new lines go where proposed area is indicated? A44. There are no new field lines as part of this project. Q45. Restroom exhaust fans seem to be coming out in the slope of the roof, possible water condition? A45. Discharge through roof to roof cap. Refer to revised M1.0 drawings dated 03.04.11. Q46. If storage room door is lowered, vents can stop at back wall, Q45. is not an issue. A46. Discharge through roof to roof cap. Refer to revised M1.0 drawings dated 03.04.11. Q47. Does cabinet manufacturer and installer have to be AWI certified? Or do the cabinets just have to be built to AWI Standards? A47. The cabinet manufacturer is not required to be AWI certified. The cabinets are to be built to AWI standards. Q48. Can you provide names of Power, Gas, and Phone contacts? A48. Power – Sawnee Electric; Gas – NA (There will be no gas on site); Phone – AT&T Q49. Will the phone company require conduits to be run to the property line at road? A49. This will be addressed in Addendum #2. Q50. Are front existing porch, roof and steps to remain? A50. No. Q51. Civil shows (3) trees to be removed (2) were discussed at the meeting last week. A51. There are 3 trees to be removed and 3 were discussed during the pre-bid meeting. Q52. Where is the fire hydrant to be relocated? A52. There is an existing fire hydrant on the shoulder of Hopewell Road. Q53. Are we responsible for all testing regarding the new 2011 Energy Code? A53. The Contractor will be required to follow the 2009 Energy Code as adopted by Georgia Department of Community Affairs. 7 11-PR01 ADDENDUM #1 March 4, 2011 Total Pages: 7 Q54. Would you like to see some pricing / product alternatives on the following: VCT / Laminate, Wall tile in bathrooms, Ceiling Fans, Custom cabinets to premade cabinets, All Plumbing fixtures, Windows and Doors (Is there a schedule?) A54. No alternative pricing is to be provided at this time unless otherwise requested in the Alternates. Q55. The kitchenette sink base. Does it have to be ADA compliant? Does the toe kick need to be attached to the doors for wheelchair access? A55. Yes. Yes, Refer to detail 1/A7.0 in the construction documents. Q56. Please clarify the instantaneous water heater under every sink. A56. Refer to attached P1.0 drawing dated 03.04.11 for additional information. Q57. Can Romax cable be used for this project? A57. The use of NM Cable (Romex) will not be allowed in this facility. All wiring shall be in metal conduit (EMT) and installed as per the requirements of the National Electric Code. The use of MC cable is permitted as long as it is not exposed (concealed) and installed as per the requirements of the National Electric Code. Additions/Substitutions: Additions: 1. MANDATORY PRE-BID SIGN IN SHEET Substitutions: 2. Remove PAGE 52 – BID SCHEDULE and replace with PAGES 52 (2) – BID SCHEDULE 3. Remove SHEET A0 dated 02.08.11 and replace with SHEET A0 dated 03.04.11 4. Remove SHEET A1.1 dated 02.08.11 and replace with SHEET A1.1 dated 03.04.11 5. Remove SHEET A2.0 dated 02.08.11 and replace with SHEET A2.0 dated 03.04.11 6. Remove SHEET A5.0 dated 02.08.11 and replace with SHEET A5.0 dated 03.04.11 7. Remove SHEET M1.0 dated 02.08.11 and replace with SHEET M1.0 dated 03.04.11 8. Remove SHEET P1.0 dated 02.08.11 and replace with SHEET P1.0 dated 03.04.11 9. Remove SHEET E1.0 dated 02.08.11 and replace with SHEET E1.0 dated 03.04.11 Arl ' 3 CV Vi �. n ex, D J C5' _ � �N � : �- � � j� T 6Zi oi4 7zb �- vi k m .. � ter. � � ' � � � i•. �^ `�"� � s P � Y J � � 1 � yam• '1 Lam• ,JI , n � ("� � J t� n `� �.: � �m 4 1 C vjkr ` -.r 1 G k c AC - CAN J l _! tIA 3ti, I LIN Ln d ..0 y hZ.n d r V � � PIZ- UN J [L• Ir t s DC C A ti a fi' Arl ' 3 � _ v fV = _CTtb E3 a � G a V T Y`' r�1Cj '• , ..t fD1 3 F� m i ro 7}r <20 52 (2) BID SCHEDULE BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE TOTAL BASE BID PRICE $_______________ TOTAL # OF DAYS TO COMPLETE PROJECT _______ Schedule of Alternates A. Alternate No. 1: Provide alternate price to omit 1x6 tongue and groove roof sheathing boards at Porch 100. DEDUCT $___________________to Base Bid B. Alternate No. 2: Provide alternate price to provide and install 5/8” T111 exterior grade roof sheathing at Porch 100. ADD $_______________________to Base Bid C. Alternate No. 2: Provide alternate price to omit LAM-01, commercial laminated flooring in Community Room 101. DEDUCT $___________________to Base Bid D. Alternate No. 3: Provide alternate price to add VCT-01, composite tile flooring in Community Room 101, installed in accordance to manufacture’s specifications. Install over existing tile flooring. Seal existing floor with epoxy sealer. ADD $___________________to Base Bid E. Alternate No. 4: Provide an alternate price to provide a self-leveling floor resurfacer in Community Room 101. Basis of design Quikrete Fast-Setting Underlayment. ADD $___________________to Base Bid F. Alternate No. 5 : Provide an alternate price to omit GE Refrigerator Model # GBSL0HCXLLS DEDUCT $___________________to Base Bid G. Alternate No. 6: Provide an alternate price to omit GE Microwave Model # JES1142SJ DEDUCT $___________________to Base Bid H. Alternate No. 7: Provide an alternate price to omit 12” deep (4) Melamine shelves on stainless steel regular-duty stainless steel brackets and standards, manufactured by Knape & Vogt. DEDUCT $___________________to Base Bid I. Alternate No. 8: Provide an alternate price to omit prefinished fixed fiber-glass clad wood windows with insulated glass panes, and including priming and painting of interior sash. DEDUCT $___________________to Base Bid J. Alternate No. 8: Provide an alternate price to add prefinished fixed vinyl windows Dual Glazed Low-E Glass w/ Argon and grilles. Provide brick mould. Windows to be reinstalled in existing opening. Basis of Design: Vytex Windows, Heritage. Exterior Color: Sable. Interior: Beige. ADD $___________________to Base Bid K. Alternate No. 9: Provide an alternate price to replace existing fluorescent strips in Community Room 101 with (10) lighting fixtures Type “H”. ADD $___________________to Base Bid L. Alternate No. 10: Provide an alternate price to use 36”x1¾”x80” 3-ply commercial flush standard hollow core interior wood doors on 2” hollow metal frame with a 4” header x 7¼” width at doors 102, 103, and 104, basis of design: Mohawk, Commercial series/Ceco or Equal Product with approval. Prime and Paint. ADD $___________________to Base Bid 52 (2) M. Alternate No. 11: Provide alternate price to omit 8” Rustic cedar siding and ½” OSB sheathing at inside walls at Porch 100. DEDUCT $___________________to Base Bid N. Alternate No. 12: Provide alternate price to provide and install 1/2” T111 sheathing at inside walls at Porch 100. ADD $___________________to Base Bid Unit Prices Item Description Units Unit Price Commercial Grade GAB TN $________ Class B Concrete CY $________ Concrete Wheel Stops EA $________ The City shall have the option of exercising any or all of the unit prices listed above at any point in the project. All unit price amounts shall be items furnished and installed based on the project specified materials. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. 1 11-PR01 ADDENDUM #2 March 10, 2011 Total Pages: 2 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 Bid Number: 11-PR01 Project Name: FY11 Bethwell Community Center Renovation Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.pearce@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFB. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date 2 11-PR01 ADDENDUM #2 March 10, 2011 Total Pages: 2 Written questions submitted and City of Milton answers: From Addendum #1: Q32. Should there be low voltage for phone and cable? A32. Yes. Reference Electrical Drawing E-2: 1. Grounding Notes: Run a no. 2 insulated copper conductor to the building steel if available. Run a no. 2 insulated copper conductor to the metal cold water pipe. Connect to the first metal portion of the water line within the building. Install bonding jumper around water meter by approved methods. Run a No. 6 copper grounding cable to (3) copper clad ground rods (3/4"x10'-0".) connected together in a triangular shape. 2. Furnish and install a 4’ x 8’ x ¾” plywood board in the storage room # 102. Plywood shall be painted with fire rated paint. Coordinate finish with the owner. Provide an insulated no.6 ground wire at the telephone backboard location. Leave 8'-0" of slack cable at the board. Make connection to a new ground rod located on the outside part of the building. New ground rod to be 10’x ¾”. Make connection with #6 conductor to the ground rods used for the electrical system. 3. Furnish and install a dedicated duplex receptacle at the telephone backboard. Connect to Panel “LA”, position # 34, with minimum 2 #12, 1 #12 GND – ½” Conduit. Furnish a (1) 20 amp, 1-pole circuit breaker in panel “LA”. 4. Furnish and install adequate number of punch down blocks at telephone backboard location as directed by the telephone company. Install low voltage cabling, plenum rated at each telephone outlet location. Install (2) 4-pair Category 5E shielded twisted pair and run from each outlet location to telephone board location. One conductor for telephone and one conductor for data. Provide adequate jacks (voice and data) in backbox in wall and terminate at both ends (jack location and telephone board location) as required. Coordinate exact location of telephone mast, conduit size and weatherhead with the telephone company prior to rough-in. Q49. Will the phone company require conduits to be run to the property line at road? A49. No. Please note: Only General Contractors who attended the mandatory pre-bid meeting and meet the minimum qualifications will be considered as the primary bidder. Clarification: 1. Clarification to 2/A3.0: New pressure treated wood decking at Porch 100 is to be stained with exterior finish EPT-03. 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CD CD A O c CD 0 • • i CD CD O r ƒ� \ 7 � CD 3 ? & ) uq CD A/ / / / rr 21 EXHIBIT “C” PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT (as CONTRACTOR, hereinafter referred to as the “Principal”), and ___ (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as , (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A “Claimant” shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor’s Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of , 20 . (Name of Principal) By: Title: (SEAL) (Signatures Continued on Next Page) Attest: ______________________ Title:_________________ Date:__________________ (Name of Contractor’s Surety) By: Title: (SEAL) Attest: _____________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT (as CONTRACTOR, hereinafter referred to as the “Principal”), and (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 20 which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as , (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor’s Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor’s Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor’s Surety; and b. The means, method or procedure by which the Contractor’s Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor’s Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the principal and Contractor’s Surety have hereunto affixed 25 their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys-in-fact, this day of , 20 . (Name of Principal) By: ___________ Title: (SEAL) Attest: _____________________ Title:________________ Date:_________________ (Name of Contractor’s Surety) By:____ _____ Title: (SEAL) Attest: _____________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) 26 EXHIBIT “D” 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 InterCiti Development, LLC(the “Bidder”) that has submitted the attached Bid; (2) He is fully informed respecting their preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of 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 or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair an 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) ____________________________ Subscribed and Sworn to before me (Name) ______________________________ this ________ day of______________ Title ___________________________ ________________________ (SEAL) My Commission Expires _______________ Date 27 EXHIBIT “E” FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, _______________________________, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by of InterCiti Development, LLC or any of its subcontractors in connection with the construction of the Bethwell Community Center Renovation (11-PR01) for the City have been paid and satisfied in full as of ______________, 20_____, and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. ______________________________ Signature ______________________________ Title Personally appeared before me this ____ day of ________, 20____._______________________, who under oath deposes and says that he is ______________________________ of the firm of InterCiti Development, LLC that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. ______________________________ Notary Public My Commission Expires ______________________________ 28 EXHIBIT “F” 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 has registered with and is participating in a federal work authorization program, in accordance with the applicable 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, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit “1.” Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City 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 of InterCiti Development, LLC _________________________________________ Title of Authorized Officer or Agent of Contractor _________________________________________ Printed Name of Authorized Officer or Agent SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ 29 EXHIBIT “G” 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 has registered with and is participating in a federal work authorization program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Subcontractor Name) _________________________________________ Title of Authorized Officer or Agent of Subcontractor _________________________________________ Printed Name of Authorized Officer or Agent SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ 30 EXHIBIT “H” Architectural Drawings: Original Bid Dated 02.08.11 Addendum dated 03.04.11 A0 Cover Sheet A1.0 Demolition Plan A1.1 New Floor Plan A2.0 Demolition and New Reflected Ceiling Plan A3.0 Roof Plan and Finishes Plan A4.0 Exterior Elevations A5.0 Building Sections and Details A5.1 Sections and Details A6.0 Interior Elevations A7.0 Millwork Details M1.0 HVAC Floor Plans M2.0 HVAC Specifications P1.0 Plumbing Floor Plan P2.0 Plumbing Specifications E1 Electrical Legend, Specification, Notes and Details E2 Electrical Specifications Civil set of drawings dated February 8, 2011 by Engineering & Inspection Systems, Inc.: Index: 1 Existing Conditions 2 Site Plan 3 Grading Plan 4 Erosion Control Plan Ph. I 5 Erosion Control Plan Ph. II and Ph. III 6 Septic Plan 7 Erosion Control Details 8 Standard Details 31 32 EXHIBIT “I” KEY PERSONNEL Keith W O’Brien Bill O’Brien EXHIBIT “J” MPZ will provide Construction Administration for the Bethwell Community House Renovation Project to include Shop Drawing and Submittal review; Review and processing of General Contractor’s monthly or bi-monthly payment request; Coordinate change orders, request for proposals, or alterations with Owner and General Contractor; Provide periodic site visits, one per week with Field Report based on a 40-45 day contract with General Contractor; Provide substantial completion walk-through and generate “Punchlist”; Provide Final Walk-through. 33 City of Milton 13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: April 11, 2011 Council Meeting Agenda Item: Approval of an agreement with Tyler Technologies, Inc. for the purchase of an online payment module for property taxes Background: Prior to converting to a new financial software package with Tyler Technologies, Inc., the City had an online payment solution for property taxes with HTE, the legacy software. This particular tool wasn’t available with Tyler Technologies, Inc. until now. Discussion: In the past, we have processed between $500,000 to $1 million in online credit card payments during the peak months when taxes are due. This equates to roughly 600 to 1,200 transactions. The added convenience of this payment method coupled with the search capabilities utilized by attorneys and mortgage companies makes the online solution a vital tool that is difficult to operate without. This became evident when the 2010 taxes were billed and the online module was not up and running. Our call volume increased to the point that several people had to be assigned to man the phones and process the credit card payments, which was a great inconvenience to our citizens. Because of the delay in the development of the online module, Tyler Technologies waived the initial setup cost and annual fees for the first year. After the first year, the City will be charged a monthly maintenance fee of $125. Also, there will be a convenience fee of $5.00 for each transaction charged to our customers by Tyler Technologies. This fee will go directly to Tyler and will be used to offset their processing and administrative costs. The Finance Department is also considering adding a convenience fee to offset the merchant fees charged by the credit card companies. We are researching what surrounding cities are charging and analyzing our cost of each transaction to determine the amount. This will be presented to you for approval at a later date. Alternatives: The alternative is to not approve the agreement and continue operating as we currently are. This will not only inconvenience our citizens and others that utilize the online tool, but will also significantly increase the workload of our staff during tax season. Concurrent Review: Chris Lagerbloom, City Manager Paul Higbee, Attorney at Law 1 Systems Agreement Local Goe€-nrt-n, Olvision Agreement between: Tyler Technologies, Inc 5519 53rd Street Lubbock, Texas 79414 (800) 646-2633 (806) 797-4849 Fax And City of Milton, GA 13000 Deerfiled Pkwy - Ste 107G Milton, GA 30004 (678) 242-2500 Issued date: March 22, 2011 A l e r AGREEMENT This agreement is entered into by and between Tyler Technologies, Inc., hereinafter referred to as COMPANY, located at 5519 53rd Street, Lubbock, Texas 74414; and; City of Milton, GA hereinafter referred toss CLIENT on, COMPANY and CLIENT agree as follows: 1. COMPANY shall furnish the products and services as described in this Agreement, and CLIENT shall pay the prices set forth in this Agreement. 2. This Agreement consists of this Cover and the following Attachments and Exhibits: Section A Investment Summary (A -D) Section B COMPANY Agreement Terms and Conditions 3, The License Fees set forth in the investment Summary are based on defined category levels. Place- ment within a category is based on the size of the organization serviced and measured by such factors as operating budget, number of employees, number of utility accounts, number ofswom officers, population of the entity, etc. IN WITNESS WHEREOF, persons having been duly authorized and empowered to enter into this Agreement hereunto executed this Agreement effective as of the date last set forth below. Client: City or Milton, GA Ty le77ria ' By: BY: p- SSignature Janet Joiner Printed Name Title Date Sales Tax Certificate Number Printed Name Vice -President, Finance, Local Government Division Title 3122111 Issue Date Investment Summary Stacey Inglis City of Milton, GA �» tyles' P6. N—.. Prct—d Cmn Dinco. dwp kar lrm o-d(111—rw NwiwBry hinufwrd xr,.rbb-e Contrxt I D & : 2911411149 Preps lfor: ci4VeFMi1w GA II 125 Issue Due: 3n2111. Coaled n• un: s y r gr. Address: D WO D—iled Pkwy - Sk I OYG Satelman: $.A ernoldsl Hilmm G/,.w Phone: (671) 242,25M Taiak OK ktoh .qoe Fua: (M) 242-N" Taz Exempt: /hu 77 Email: P6. N—.. Prct—d Cmn Dinco. dwp kar lrm o-d(111—rw NwiwBry hinufwrd xr,.rbb-e Inkixl Fees Month Fees- -I awl Nianlhly scmiccs II 125 IrclrrvrcF3'rnscry anAP+arAlr+.v "Plpraa m4e Ilrva ra n'alae A -0g _e'If. A—W dI-- ore maefhy Pons. Taiak U 125 P6. N—.. Prct—d Cmn Dinco. dwp kar lrm o-d(111—rw NwiwBry hinufwrd xr,.rbb-e Hosted Applications Stacey Inglis City of Milton, GA March 22, 2011 Service Citizen Portal One Time Setup Fee - Hardware Configuration - DNS registration INCOD£ Property Tax Online Component License Fee = Search by Name, Receipt Number, andfor Parcel Number Display of Paid and Unpaid Parcels Security -- SSL [Secure Socket Layer] Payment Processing - Credit Card • Payment packet is created to be imported to Property Tax Managemet System NOTE: Customer pays $5.00 fee per transaction for payment on-line. Preferred Customer Discount QTY Charges tyler Initial Year Annual Fee 1 Soo Sao 2,000 2,000 (2,560) 1,500 Hosted Applications Total 0 1,500 COMPANY WEB SERVICES - INTERNET BASED PRODUCTS SUBSCRIPTION AGREEMENT TERMS AND CONDITIONS THIS AGREEMENT is effective as of the date of acceptance set forth at the end hereof, and is by and between Tyler Technologies, Inc., hereinafter referred to as COMPANY and the party signing this agreement as the “SUBSCRIBER”. DEFINITIONS COMPANY Web Services COMPANY Web Services are designed to enable SUBSCRIBER to easily establish a presence on the Internet. COMPANY Web Hosting and Design is composed of the COMPANY Web Hosting and Design Publishing Component and other miscellaneous components. These components may be used independently or in conjunction with each other. COMPANY Utility Billing On-Line The COMPANY Utility Billing On-Line Component allows the SUBSCRIBER to make available certain information from their COMPANY Utility Billing System to citizens with Internet access. This information is posted to SUBSCRIBER’s web site, which is hosted on COMPANY’s web server. With the proper security clearance, citizens with Internet access have access to the data which can include: Consumption information, service level information, requests for service, accounting information and the opportunity to pay their Utility Bill over the Internet using a credit card. COMPANY Court On-Line The COMPANY Court On-Line Component provides the ability for municipal court fines to be paid by credit card via the Internet. Since it was designed by COMPANY, this system interfaces seamlessly with COMPANY’s InCourt Municipal Court System. COMPANY Building Projects On-Line The COMPANY Building Projects On-Line Component allows the SUBSCRIBER to make available certain information from their COMPANY Building Projects System to citizens with Internet access. This information is posted to SUBSCRIBER’s web site, which is hosted on COMPANY’s web server. With the proper security clearance, citizens with Internet access have access to the data which can include: Building project status, inspection results, inspection scheduling and the opportunity to pay their Building Projects over the Internet using a credit card. COMPANY Business License On-Line The COMPANY Business License On-Line Component allows the SUBSCRIBER to make available certain information from their COMPANY Business License System to citizens with Internet access. This information is posted to SUBSCRIBER’s web site, which is hosted on COMPANY’s web server. With the proper security clearance, citizens with Internet access have access to the data which can include: Business License status, business license renewal and the opportunity to pay their Business License over the Internet using a credit card. COMPANY Accounts Receivable On-Line The COMPANY Accounts Receivable On-Line Component allows the SUBSCRIBER to make available certain information from their COMPANY Accounts Receivable System to citizens with Internet access. This information is posted to SUBSCRIBER’s web site, which is hosted on COMPANY’s web server. With the proper security clearance, citizens with Internet access have access to the data which can include: Current balance, contract status, and the opportunity to pay the Accounts Receivable over the Internet using a credit card. COMPANY Call Center On-Line The COMPANY Call Center On-Line Component allows the SUBSCRIBER to make available certain information from their COMPANY Call Center System to citizens with Internet access. This information is posted to SUBSCRIBER’s web site, which is hosted on COMPANY’s web server. With the proper security clearance, citizens with Internet access have access to the data which can include: current and past incidents, create a new incident and view status of incident. COMPANY Property Tax On-Line The COMPANY Property Tax On-Line Component allows the SUBSCRIBER to make available certain information from their COMPANY Property Tax System to citizens with Internet access. This information is posted to SUBSCRIBER’s web site, which is hosted on COMPANY’s web server. With the proper security clearance, citizens with Internet access have access to the data which can include: parcel number, receipt number, tax amount due, and the opportunity to pay the Property Tax over the Internet using a credit card. AGREEMENTS 1) TERM. SUBSCRIBER must return an executed copy of this Agreement to COMPANY within 90 days from the issue date. Thereafter, the Agreement will be voided and is subject to change. Subject to the limitations of this Section 1, and unless otherwise provided for in this Agreement, the term of this Agreement shall commence as of the effective date and shall continue for three (3) years. The term shall thereafter be automatically extended in separate consecutive periods of twelve (12) months duration unless either party gives written notice to terminate. Notice to terminate must provide at least sixty (60) days notice of said intent. In the event that the SUBSCRIBER fails to pay any amount payable to COMPANY hereunder, when due, or fails to comply with any other provision of this Agreement, COMPANY may terminate the SUBSCRIBER’s rights by written notice to that effect to the SUBSCRIBER. COMPANY may, by written notice to the SUBSCRIBER, terminate its obligations under this Agreement in the event that COMPANY, for whatever reason, ceases to host SUBSCRIBER’s Web Site. A termination of the SUBSCRIBER’s rights under this Agreement COMPANY WEB SERVICES - INTERNET BASED PRODUCTS SUBSCRIPTION AGREEMENT TERMS AND CONDITIONS shall not terminate any of the parties’ rights under this Agreement to receive or hold amounts rightfully owing to the respective party pursuant to the terms of this agreement or to enforce the intellectual and proprietary rights in the COMPANY concept, web site, software, and technology. Upon termination or non-renewal of this agreement, the parties shall each promptly account for all due but unpaid amounts hereunder. If SUBSCRIBER wishes to terminate before the stated term expires, SUBSCRIBER must give sixty (60) days written notice in order not to incur termination costs of $375.00. Please also see section entitled “TERMINATION” in this Agreement. 2) NATURE OF WEB SITE. COMPANY shall maintain a web site accessible over the Internet, for SUBSCRIBER. This web site shall contain both static information pages, non-static interactive pages as well as payment function pages. The web site shall allow a citizen with Internet access to view relevant data provided by SUBSCRIBER. This data may include certain data elements from SUBSCRIBER’s Tyler Software System. This web site shall be equipped to accept payment of amounts owed to SUBSCRIBER, via Secured Socket Layer (SSL) encryption and credit card or debit card charge. 3) DATA PROCUREMENT. COMPANY must host the components and services listed in the Investment Summary and Hosted Applications of this Agreement. The SUBSCRIBER will be required to setup a merchant account with Electronic Transaction System Corporation or authorized.net for the sole use of COMPANY Web Service transactions. The merchant account must be setup to fund to the SUBSCRIBER bank account. All fees for the merchant account will be paid by SUBSCRIBER. SUBSCRIBER will be required to install and run Tyler Web Services in order for the COMPANY On-Line application to access and transfer the necessary data from the SUBSCRIBER’s primary software system, to COMPANY’s web server. The transfer will occur on a real time basis. Additionally, certain information, such as payment information, must be conveyed to SUBSCRIBER. COMPANY will assume responsibility for transferring such information back to SUBSCRIBER on a regular basis. Tyler Web Services requires a dedicated IP address. Assignment of dedicated IP address is the sole responsibility of SUBSCRIBER. 4) LICENSED SOFTWARE OWNERSHIP. SUBSCRIBER agrees that COMPANY possesses exclusive title to and ownership of the COMPANY Software. a. SUBSCRIBER agrees that SUBSCRIBER acquires neither ownership nor any other interest in the COMPANY Software, except for the right to use and possess the COMPANY Software in accordance with the terms and conditions of this Agreement. b. All rights not expressly granted to SUBSCRIBER in this Agreement are retained by COMPANY. c. SUBSCRIBER agrees that COMPANY Software including, but not limited to, systems designs, programs in source and/or object code format, applications, techniques, ideas, and/or know-how utilized and/or developed by COMPANY are and shall remain the exclusive property of COMPANY. SUBSCRIBER agrees that the COMPANY Software consists of COMPANY's trade secrets. COMPANY shall retain all copyrights in the COMPANY Software, whether published or unpublished. d. COMPANY agrees that all data provided to COMPANY for the purposes of generating the web site shall remain the property of SUBSCRIBER. Should SUBSCRIBER terminate the Internet Services in good standing and in accordance with the termination provisions of this Agreement, COMPANY agrees to return to SUBSCRIBER, all graphics, text documents, and data files held by COMPANY. 5) SUBSCRIBER MEMBERSHIP FEES. For establishing new COMPANY Web Services, the SUBSCRIBER shall pay to COMPANY the amounts as stated in the Investment Summary. 6) NOT ASSIGNABLE. The rights of the SUBSCRIBER under this Agreement are not assignable without the prior written consent of COMPANY. Any attempt to sublicense, assign, encumber or transfer any of the rights, duties or obligations under this Agreement by the SUBSCRIBER is void. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors. 7) SOFTWARE MAINTENANCE. This SUBSCRIPTION AGREEMENT includes unlimited telephone support, support by communication modem, and all software upgrades, enhancements and new releases. COMPANY reserves the right to change the functionality of future releases of its software and SUBSCRIBER understands that COMPANY is not obligated to include specific functionality in future releases unless provided for herein. 8) PARTIAL INVALIDITY. Should any provision or clause of this Agreement be held to be invalid, such invalidity shall not affect any other provision or clause hereof, which can be given effect without such invalid provision or clause. 9) RESPONSIBILITY OF DATA. COMPANY will assume responsibility for all data transfer, but not responsible for data accuracy. 10) SITE REQUIREMENTS. a. SUBSCRIBER shall maintain a high speed internet connection (1.5mbps download AND 512kbps upload) with a static IP address and must be able to provide COMPANY with IP connection to SUBSCRIBER’s COMPANY WEB SERVICES - INTERNET BASED PRODUCTS SUBSCRIPTION AGREEMENT TERMS AND CONDITIONS network through Citrix GotoAssist, VPN, Citrix, or Microsoft Terminal Services. COMPANY shall use the connection to assist with problem diagnosis and resolution. COMPANY is not responsible for purchase of VPN client software license or configuration of SUBSCRIBER’s firewall settings. No wireless Internet connections allowed. b. COMPANY shall provide SUBSCRIBER with remote support through the use of secure connection over the Internet connection via Citrix GotoAssist. If SUBSCRIBER will not allow access through GotoAssist, COMPANY cannot guarantee support standards will be met. 11) PROPRIETARY INFORMATION. a. Distribution of COMPANY Software. SUBSCRIBER may not sell, assign, transfer, disclose, or otherwise make available, either directly or indirectly, any object code, documentation or other material relating to the Software, in whole or in part, or any copy of the same in any form, to any other person or entity. b. Software as Trade Secret. SUBSCRIBER shall maintain the confidentiality of the Software and unless specifically authorized by COMPANY or except for ordinary and necessary backup purposes, SUBSCRIBER may not make or have made any copies of the Software or any part thereof. SUBSCRIBER shall include COMPANY's proprietary notice or other legend on any copies made by SUBSCRIBER as permitted hereunder. 12) WARRANTY, DISCLAIMER, LIMITATION ON LIABILITY. COMPANY warrants that the Software will substantially conform to current specifications delivered by COMPANY to SUBSCRIBER pursuant to this Agreement, including COMPANY’s response to the Request for Proposal for six (6) months following installation; provided, however, that COMPANY's warranty hereunder shall not cover or apply to any software or part thereof that is not developed or designed by COMPANY. In the event that the Software is found to be defective in such respect and SUBSCRIBER notifies COMPANY in writing within six (6) months after its receipt of the Software of any substantial non-conformity of the Software with such specifications, COMPANY's sole obligation under this warranty is to remedy such defect within a reasonable time. THE FOREGOING WARRANTY IS EXCLUSIVE AND IS MADE IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY SHALL IN NO EVENT BE LIABLE FOR DAMAGES THAT EXCEED THE AMOUNT OF THE CHARGES PAID BY SUBSCRIBER HEREUNDER FOR THE DEVELOPMENT AND LICENSE OF THE SOFTWARE. IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, REVENUES OR DATA, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 13) HOLD HARMLESS. SUBSCRIBER, to the extent if any allowed by law, agrees that it will hold COMPANY harmless against any claims, damages, liabilities, costs and expenses, including reasonable attorneys' fees, arising out of or relating to a. SUBSCRIBER's failure to implement any corrections, improvements and new releases relating to the Software, or any part thereof, b. SUBSCRIBER's unauthorized alterations to or use of the Software, or c. SUBSCRIBER's breach of any of its obligations to maintain the confidentiality of the Software or SUBSCRIBER's unauthorized copying thereof. 14) TERMINATION. This Agreement or any license referenced hereunder may be terminated by COMPANY upon written notice to SUBSCRIBER if SUBSCRIBER performs any breach of the terms of this Agreement. At the date of termination of this Agreement, SUBSCRIBER shall promptly return to COMPANY any Software, related documentation, materials and other property of COMPANY then in its possession, and any copies thereof wherever located. Notwithstanding the foregoing, all provisions hereof relating to confidentiality of the Software shall survive the termination of this Agreement. 15) GENERAL. a. This Agreement shall be governed by the laws of SUBSCRIBER’s state of domicile and constitutes the entire Agreement between the parties hereto with respect to the Software described herein, and shall supersede all previous or contemporaneous negotiations, commitments and writings with respect to the matters set forth herein. b. All acceptances by COMPANY of purchase orders and all sales by COMPANY are expressly limited to and made on the basis of the terms and conditions set forth herein, notwithstanding receipt or acknowledgment of SUBSCRIBER's order forms or specifications containing additional or different provisions, or conflicting oral representations by an agent, representative or employee of COMPANY. Any such additional or different terms are hereby objected to. All acceptances by COMPANY are expressly conditional on SUBSCRIBER's assent to the additional or different terms and conditions set forth in this Agreement. If these terms and conditions are not acceptable, SUBSCRIBER should notify COMPANY at once. Principal Bill Thompson Day WHEREAS, Hopewell Middle School Principal Bill Thompson has provided exemplary leadership to the school for the past four years as principal, and; WHEREAS, Thompson leads by example for 1,200 students and 130 faculty and staff on the Hopewell Middle School campus in the City of Milton, and; WHEREAS, Thompson helped open and launch Hopewell Middle School in 2004 as assistant principal and promoted the school’s good citizenship, and; WHEREAS, Under Thompson’s leadership, Hopewell became a Governor’s Office of Student Achievement 2007 Platinum Award-winning school, the highest level of recognition in the category from the Georgia Department of Education, and; WHEREAS, Thompson has devoted 39 years to the profession of learning and education, 38 of those in Fulton County schools, and; WHEREAS, Thompson has influenced, taught, directed and counseled countless students, peers and friends to be better citizens and helped brighten futures and establish careers. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby dedicate Monday, April 11, 2011 as PRINCIPAL BILL THOMPSON DAY in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 11th Day of April, 2011. (Seal) _______________________ Joe Lockwood Mayor Georgia Cities Week WHEREAS, City government is the closest to most citizens and has the most direct daily impact upon their lives, and; WHEREAS, City government is administered for and by its citizens and is dependent upon public commitment on and an understanding of its many responsibilities, and; WHEREAS, City government officials and employees share the responsibility of passing along their understanding of public services and benefits, and; WHEREAS, The Georgia Municipal Association and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information, and; WHEREAS, Georgia Cities Week offers an important opportunity to convey to all the citizens of Georgia that they can shape and influence government through their civic involvement. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby recognize and proclaim April 17 through April 23, 2011 as GEORGIA CITIES WEEK in the City of Milton and encourage all citizens, city government officials and employees to recognize this week and celebrate it accordingly. Given under our hand and Seal of the City of Milton, Georgia on the 11th day of April, 2011. __________________________ Joe Lockwood Mayor (Seal) Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 1 of 23 RZ11-01 RA/ RZ03-140 RZ11-02 PROPERTY INFORMATION ADDRESS State Route 9 (South Side) west of Sunfish Bend DISTRICT, LAND LOT 2/2 758 OVERLAY DISTRICT State Route 9 EXISTING ZONING C-1 (Community Business) – RZ03-140 PROPOSED ZONING TR (Townhouse Residential) ACRES 8.26 EXISTING USE Undeveloped PROPOSED USE 43 Single Family Residential Units PETITIONER Ashton Atlanta Residential, LLC, Mike Busher ADDRESS 1455 Old Alabama Road Roswell, GA 30075 770-642-6123 X157 REPRESENTATIVE Nathan V. Hendricks III PHONE 404-255-5161 INTENT To rezone from C-1 (Community Business) to TR (Townhouse Residential) to develop 43 single family detached homes on 8.26 acres at an overall density of 5.21 units per acre. COMMUNITY DEVELOPMENT RECOMMENDATION – MARCH 22, 2011 RZ11-02 – DENIAL PLANNING COMMISSION RECOMMENDATION – MARCH 22, 2011 RZ11-02 – APPROVAL 5-2 Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 2 of 23 RZ11-01 RA/ RZ03-140 The Planning Commission asked the applicant about the following issues: 1. The possibility of relocating the entrance further to west and to provide inter-parcel access with the Wyndham subdivision to the east. 2. Why the City Arborist requested that recompense trees be located behind the lots in the central part of the development. 3. Where the specimen trees were currently located on the site plan. (Along the right of way and within the deceleration lane.) 4. What was the current vacancy rate for townhomes? (Applicant pointed out that there wasn’t a demand right now for that product and the reason for proposing detached units.) 5. Whether the property had been considered for an office use. (Applicant stated that the property had been in the possession of the bank because of foreclosure and there had been no other interest in the property to develop with the current commercial zoning or office.) Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 3 of 23 RZ11-01 RA/ RZ03-140 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 4 of 23 RZ11-01 RA/ RZ03-140 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 5 of 23 RZ11-01 RA/ RZ03-140 FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 6 of 23 RZ11-01 RA/ RZ03-140 REVISED SITE PLAN SUBMITTED – MARCH 15, 2011 Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 7 of 23 RZ11-01 RA/ RZ03-140 SUBJECT SITE LOOKING SOUTH INTO LAKE LAUREL SUBJECT SITE LOOKING EAST TOWARD WYNDHAM Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 8 of 23 RZ11-01 RA/ RZ03-140 LOOKING NORTH TOWARD CROOKED CREEK Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 9 of 23 RZ11-01 RA/ RZ03-140 Existing uses and zoning of nearby property Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 RZ01-07 CUP (Community Unit Plan) The Greens at Crooked Creek 3.6 units/acre 2,400 sq. ft. North 2 RZ03-06 CUP (Community Unit Plan) Crooked Creek /Alpharetta Athletic Club 1.7 units/acre Varies by Pod Further East 3 RZ85-160 C-2 (Commercial) Beverage Depot 7,341 sq. ft./acre Further East 4 RZ84-220 C-2 (Commercial) Undeveloped 6,122 sq. ft./acre 1 story East 5 RZ04-27 CUP (Community Unit Plan) Kennewick Subdivision 4.99 units/acre 1,800 sq. ft. 2 car garage East 6 RZ00-115 TR (Townhouse Residential) Wyndham Subdivision 8.14 units/acre 1,400-1,800 sq. ft. South 7 RZ95-150 R-4A (Residential) Lake Laurel Subdivision 2.0 units/acre 2,400 sq. ft. Further West 8 RZ99-110 C-1 (Community Business) Shopping Center 8,636.36 sq. ft./acre 2 stories West 9 RZ00-141 TR (Townhouse Residential) Undeveloped 7.87 units/acre 1,800 sq. ft. Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 10 of 23 RZ11-01 RA/ RZ03-140 EXISTING USES LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 11 of 23 RZ11-01 RA/ RZ03-140 SUBJECT SITE: The subject site contains 8.26 acres and is undeveloped. It is currently zoned C-1 (Community Business) pursuant to RZ03-140 for 62,240 square feet of retail, service commercial or office. It is located on the south side of Hwy 9 just west of Sunfish Bend. The site is located within the Office Land Use designation on the City’s Current Future Land Use Map. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on March 15, 2011, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-669 TR (TOWNHOUSE RESIDENTIAL) • Minimum lot area per unit shall be 2,000 square feet – The minimum lot size shown is 5,000 square feet • Maximum density allowed is 9 units per acre – The density of the subject site is 5.21 units per acre • Minimum lot width is 20 feet – The lots exceed the minimum requirement • Minimum lot frontage is 20 feet – The lots exceed the minimum requirement • Minimum heated floor area per unit is 1,100 square feet – The proposed minimum heated floor area is 2,000 square feet. • Maximum height – no building shall exceed 40 feet. The proposed buildings will not exceed the maximum height. The following are the building setbacks when one building per lot is proposed, and be as follows: • Front yard – 20 feet from right-of-way • Side yard – 7 feet • Side yard adjacent to a street – 15 feet • Rear yard- 25 feet The following are the minimum perimeter setbacks for the entire TR development: • Front yard adjacent to SR 9 – 40 feet • Side yard along the east and west property lines – 30 feet • Rear yard along the south property line –35 feet Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 12 of 23 RZ11-01 RA/ RZ03-140 • Maximum lot coverage. The area of the foot print of all buildings and parking shall not exceed 50 percent of the total land area. The proposed development covers less than 50 percent of the total land area. The site plan indicates compliance with the development standards. Staff will require that a minimum 20 foot setback from the garage door to the back of the curb be provided in order to ensure that the sidewalk is not blocked by a vehicle parked in the driveway. Secondly, a minimum of 4 spaces shall be provided for each residence based on the fact that the widths of the private streets are not sufficient to provide on street parking. LANDSCAPE STRIPS Staff notes that although the development is located within the SR 9 Overlay District, the overlay district does not apply to single family residential developments (Sec. 64-1069). Therefore the development shall comply with Article III, Tree Preservation and Administrative Guidelines within the Zoning Ordinance, Sec. 64-237 (g) of the Zoning Ordinance as it pertains to buffers and landscape strips which states “Unless otherwise specified, lots developed with single-family detached dwelling units are not required to provide landscape areas or zoning buffers. The site plan indicates a 20-foot landscape strip along Hwy 9 which is consistent with the SR 9 Overlay District. Although in strict adherence to the Zoning Ordinance a landscape strip is not required, Staff will specify the applicant provide a 20-foot landscape strip in the Recommended Conditions. OTHER SITE PLAN CONSIDERATIONS It has been the City Council’s policy in the past where there has been development along Hwy 9 to provide a four board black equestrian fence, not exceeding 55 inches in height. More recently, the recommended design for the equestrian fence may include a column as described in the Hwy 9 Design Guidelines. The rear side of the homes will be fronting Hwy 9 and the City Arborist will require additional plantings within the 20 foot landscape strip to help screen the backs of the homes from view. It has also been City Council’s policy for developments along Hwy 9 to provide sidewalks with a color stamped pattern to simulate transverse double row brick paver pattern every 50 feet, to be approved by the City of Milton Design Review Board. Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 13 of 23 RZ11-01 RA/ RZ03-140 Staff notes that a 20-foot landscape strip is required around the detention pond. It appears that the site plan complies with this requirement. In addition, a black four board equestrian fence shall be constructed interior to the landscape strip along the pond. In addition, the stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. The items discussed above will be in the Recommended Conditions. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Section 64.2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The proposed site does not contain wetlands, floodplains, streams, steep slopes, historical sites or sensitive plant and animal species. Staff notes that there were discussions at the Public Participation Meeting regarding a stream. Based on field observations by both the City Arborist and the applicant’s engineer, a perennial stream appears not to exist but it appears to be a drainage ditch. Staff notes that the Public Works department has included a condition to provide a stream evaluation prepared by a qualified environmental professional for the stream channel on the western side of the property. ARBORIST COMMENTS The subject site is presently ninety percent (90%) barren of trees. There are few trees along the northern portion of property. There are small, insignificant trees along the eastern and southern portion of the property. The western portion has a fair amount of young pines. Every effort should be made to place all required trees on site. If not possible, the outstanding difference shall be placed into the reforestation fund. • Recompense for 41” oak • 39 (4”) trees for recompense will be required • 20’ landscape strip outside of detention pond fencing required • Approximately 330 (2”) trees for density • Recommend that most of the trees be installed at rear of lots 1-15 and 20- 43 CITY OF MILTON FIRE MARSHAL There are no outstanding fire code issues associated with the proposed rezoning as they are now presented. PUBLIC WORKS DEPARTMENT Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 14 of 23 RZ11-01 RA/ RZ03-140 1. Will need detail on transition from 24’ to 22’ roadway 2. Bicycle and pedestrian facilities on SR 9 not shown in accordance with City Code of Ordinances (on street bike lane, 6 ft sidewalk located no more than 1 ft off right-of-way line and no less than 5 ft off back of curb) 3. Plan note #10 to be per Milton standards 4. Entrance location, striping and turn lanes subject to GDOT District 7 approval FULTON COUNTY BOARD OF EDUCATION The below table indicates the predicted student yields based on current data for a full build-out of all 43 single family residences. It shows average yields and average plus one standard deviation, to provide a high range estimate. ES MS HS Total Average 12.7 4.2 9.1 25.9 Avg + SD 20.1 7.3 15.2 42.7 This area is currently zoned for Alpharetta High, Hopewell Middle, and Cogburn Woods Elementary. Alpharetta High School’s enrollment is above the building’s capacity. Staff notes that these projections are included in the Board of Education’s plans for the current redistricting process. PUBLIC INVOLVEMENT On February 23, 2011 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were no members of the community in attendance. Public Comments – Staff has not received any correspondence regarding this development. PUBLIC PARTICIPATION REPORT The applicant hosted a Public Participation Meeting on Thursday, March 3, 2011 at the Windward Kroger Community Room. There were ten (10) citizens in attendance. The public expressed the following: 1.) What type of fencing was to be used along Highway 9? o The Community stated that it would prefer fencing compatible with that in the area and not the equestrian four Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 15 of 23 RZ11-01 RA/ RZ03-140 board fencing used in other areas of Milton. The Applicant confirmed that fencing would be used and that the Applicant would work with the immediately surrounding communities to come up with a style of fencing agreeable to both the applicant and surrounding communities. 2.) Stream at the rear of the property and how stream flow and detention would be addressed. o The applicant confirmed that it was aware of existing stream flow issues at the rear of the property and that the applicant would adequately address the issue with development of the property. The community agreed that the detention facility was being placed in the only area on the property that made sense. (Staff notes that after speaking to our environmental engineer and the applicant’s engineer that there appears not to be a perennial or state water that affects the site. There is a ditch for drainage that comes into a headwall in Lake Laurel to the south. ) 3.) The community requested on-site evaluation with the applicant to address landscaping along both Hwy 9 and the rear of the property. o The applicant agreed to arrange a meeting on the property with community representatives to discuss the issue of landscaping and to agree upon a landscaping plan that reasonably meets the concerns of the immediately surrounding communities and property owners. 4.) Immediately surrounding property owners adjoining the rear property line expressed concern over the building setback being 35 feet. o The applicant agreed to meet with those property owners adjoining the rear property line to come up with landscaping along the rear property that would reasonably protect the privacy of those property owners adjoining the rear property line. 5.) Traffic. Most of the concern expressed regarding traffic came from property owners within the Lake Laurel Subdivision. o The applicant acknowledged the challenges of the traffic in the area and committed to working with the surrounding communities to see if GDOT would agree to place a traffic Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 16 of 23 RZ11-01 RA/ RZ03-140 light along Hwy 9 in the general area of the property to better handle the flow of traffic. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – MARCH 1, 2011 Comments: • Structures look good, but you’ll need to deal with infrastructure issues in a significant way, i.e. • Put a street tree on every lot, • Light fixtures should be to scale, should be shorter/smaller, • High level, quality finishes, • No dog eared privacy fences, • How you deal with end caps will be critical, • Pay attention to your adjacency matrix. • Push for some kind of traffic control, to aid exiting traffic, • The entry/arrival sequence is critical. Include heavy landscaping, fencing to compliment Crooked Creek, • Include special consideration for visitor parking. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 43 lot single family residential subdivision developed at a density of 5.21 units per acre is consistent with nearby properties. Wyndham located to the east is zoned TR (Townhouse Residential) and developed with townhomes at a density of 8.14 units per acre. Further to the east is Kennewick zoned CUP (Community Unit Plan) developed with detached single family residences at a density of 4.99 units per acre. To the west is undeveloped property zoned TR (Townhouse Residential) at a density of 7.87 units per acre. Across State Route 9 to the north is The Greens at Crooked Creek zoned CUP (Community Unit Plan) at a density of 3.6 units per acre. The remainder of Crooked Creek and the Atlanta Athletic Club are also zoned CUP (Community Unit Plan) but at a density of 1.7 units per acre. To the south is Lake Laurel zoned R4A (Residential) at a density of 2.2 units per acre. It is Staff’s opinion that the proposed use is suitable with adjacent and nearby developments and zonings. Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 17 of 23 RZ11-01 RA/ RZ03-140 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal will not adversely affect existing use or usability of the adjacent properties as described above. The proposed development is within the range of existing approved densities and uses in the area. Provision of a street extension for future connection to the west provides a benefit to the adjacent property. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site does have a reasonable use currently zoned C-1 (Community Business) for a total of 62,240 square feet of retail commercial, or office. 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services, utilities, or schools as proposed. Comments from the Fulton County Board of Education are included in the report as it relates to the estimated number of new students for the proposed redistricting. The applicant will provide the required transportation improvements as shown on the site plan indicating a deceleration lane and left turn lane. In addition, a future inter-parcel access to the undeveloped TR (Townhouse Residential) to the west is shown on the site plan. These improvements will help ameliorate the increased amount of traffic created by the proposed development. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? Future Land Use Plan Map: Office Proposed use/density: Single Family Residential at 5.21 units per acre The Future Land Use Plan Map suggests Office for the subject site and the properties to the east to the Fulton-Forsyth County line, and continues Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 18 of 23 RZ11-01 RA/ RZ03-140 west to Lake Laurel along the south side of State Route 9. The proposed TR (Townhouse Residential) development does not conform to the Land Use Plan Map for Office. The Milton City Council adopted the Partial Plan Update to the City’s Comprehensive Plan on December 21, 2009. The proposed development is consistent with the following Plan Policies if developed with the recommended conditions: • We will accommodate our diverse population by encouraging a compatible mixture of housing types, densities and costs within the City. • We will encourage development of housing opportunities that enable residents to live close to their places of employment. • We will support new land uses that enhance housing options in our community while maintaining support for the existing developed lower density, rural, agrarian, equestrian, and residential areas of the City. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? Although the proposed development is consistent with adjacent and nearby zonings and developments, it is inconsistent with the Future Land Use Plan which shows the subject site should be Office and in the currently recommended comprehensive plan also shows Office as appropriate. The Office designation is also recommended along the entire south side of Hwy 9 from just north of the entrance of Lake Laurel to the Forsyth County line going north. Based on the fact that the Future Land Use Plan recommends Office, it is grounds to recommend disapproval for the proposed TR (Townhouse Residential) zoning developed with single family residential units. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 19 of 23 RZ11-01 RA/ RZ03-140 development regulations as it pertains to stormwater facilities, tree recompense and landscape requirements. CONCLUSION Although the proposed development is consistent with adjacent and nearby developments in the area and appears to meet the required development requirements, it is inconsistent with the Future Land Use Plan’s recommendation of Office as well as the Future Land Use Plan approved by the State. Therefore, Staff recommends DENIAL of RZ11-02 to rezone from C-1 (Community Business) to TR (Townhouse Residential) to develop a 43 lot single family residential subdivision. If the Mayor and City Council recommend approval, Staff provides the following Recommended Conditions. Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 20 of 23 RZ11-01 RA/ RZ03-140 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be TR (Townhouse Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 43 total dwelling units at a maximum density of 5.21 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on March 15, 2011. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 21 of 23 RZ11-01 RA/ RZ03-140 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size shall be 5,000 square feet. b) Minimum heated floor area shall be 2,000 square feet. c) Each lot shall provide a total of four (4) parking spaces. d) Minimum setback from the garage door to the back of the sidewalk shall be 20 feet. e) All new sidewalk installations along Hwy 9 right-of-way shall have a color stamped pattern to simulate a transverse double row brick paver pattern every 50 feet, to be approved by the City of Milton Design Review Board. f) Provide a black four-board-equestrian-styled fence along Hwy 9 interior to the landscape strip or as approved by the Director of Community Development. g) Provide a 20-foot landscape strip along Hwy 9 interior to the new right- of-way. h) Provide a minimum of one (1) tree (2” caliper) per lot as approved by the City Arborist. 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton or Georgia Department of Transportation (GDOT) prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. Provide at least 12 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allowing the necessary construction easements while right-of-way is being improved. 1. Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk. ii. Provide bicycle and pedestrian improvements along entire property frontage of SR 9 according to cross Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 22 of 23 RZ11-01 RA/ RZ03-140 sections in Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department or the Georgia Department of Transportation. iii. Installation/modification of the following transportation infrastructure according to GDOT Standards and Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances : 1. NB/EB Right Turn Lane on SR 9 at new access drive, 2. SB/WB Left Turn Lane on SR 9 at new access drive. b) Reserve for the City of Milton along the necessary property frontage of the following roadways, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Comprehensive Transportation Plan. The location of the landscape strip with the reserved right-of-way to be determined by the Director of Community Development. i. 55 feet from centerline of SR 9 or as may be required by GDOT. c) Access to the site shall be subject to the approval of the GDOT District 7 Access Management Engineer and the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. d) Provide a 50 foot wide cross-access easement free of any structures or above ground utilities for future vehicular and pedestrian inter-parcel access on the west property line as approved by the City of Milton Public Works Department. 5) To the owner’s agreement to abide by the following: a. The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the Prepared by the Community Development Department for the Mayor and City Council on April 11, 2011 (First Presentation) 4/4/2011 Page 23 of 23 RZ11-01 RA/ RZ03-140 acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five- board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. b. Pursuant to the acquisition of offsite easements the discharge from the stormwater management facility shall be piped with the appropriate connections to the headwall shown on Lot 17 of the Laurel Lakes Subdivision. c. The discharge from the junction box and 30” CMP on Lot 13 shall be removed and all associated flows to this location directed to the stormwater management facility. d. Applicant shall provide the City of Milton Community Development Department with a stream evaluation prepared by a qualified environmental professional for the stream channel on the western side of the property. Should the evaluation determine that an intermittent or perennial stream exist in this location the appropriate buffers shall be applied as required by the City of Milton Community Development Department. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON PETITION NO. RZ11-02 AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) TO TR (TOWNHOUSE RESIDENTIAL) FOR A 43 LOT SINGLE FAMILY SUBDIVIISION PROPERTY LOCATED ON THE SOUTH SIDE OF HIGHWAY 9 WEST OF SUNFISH BEND HAVING A FRONTAGE OF 666.33 FEET (22-5390-0758-025-2) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on April 25, 2011 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located on the south side of Hwy 9 with frontage of 666.33 feet, consisting of a total of approximately 8.26 acres as described in the attached legal description, be rezoned to the TR (Townhouse Residential) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 758 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the TR (Townhouse Residential) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 13 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 25th day of April, 2011. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) CONDITIONS OF APPROVAL RZ11-02 The City of Milton Mayor and City Council approved the rezoning of property located on the south side of Hwy 9 west of Sunfish Bend with a frontage of 666.33 feet for TR (Townhouse Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 43 total dwelling units at a maximum density of 5.21 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on March 15, 2011. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size shall be 5,000 square feet. b) Minimum heated floor area shall be 2,000 square feet. c) Each lot shall provide a total of four (4) parking spaces. d) Minimum setback from the garage door to the back of the sidewalk shall be 20 feet. e) All new sidewalk installations along Hwy 9 right-of-way shall have a color stamped pattern to simulate a transverse double row brick paver pattern every 50 feet, to be approved by the City of Milton Design Review Board. f) Provide a black four-board-equestrian-styled fence along Hwy 9 interior to the landscape strip or as approved by the Director of Community Development. g) Provide a 20-foot landscape strip along Hwy 9 interior to the new right-of- way. h) Provide a minimum of one (1) tree (2” caliper) per lot as approved by the City Arborist. 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton or Georgia Department of Transportation (GDOT) prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. Provide at least 12 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allowing the necessary construction easements while right-of-way is being improved. 1. Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk. ii. Provide bicycle and pedestrian improvements along entire property frontage of SR 9 according to cross sections in Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department or the Georgia Department of Transportation. iii. Installation/modification of the following transportation infrastructure according to GDOT Standards and Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances : 1. NB/EB Right Turn Lane on SR 9 at new access drive, 2. SB/WB Left Turn Lane on SR 9 at new access drive. b) Reserve for the City of Milton along the necessary property frontage of the following roadways, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Comprehensive Transportation Plan. The location of the landscape strip with the reserved right-of-way to be determined by the Director of Community Development. i. 55 feet from centerline of SR 9 or as may be required by GDOT. c) Access to the site shall be subject to the approval of the GDOT District 7 Access Management Engineer and the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. d) Provide a 50 foot wide cross-access easement free of any structures or above ground utilities for future vehicular and pedestrian inter- parcel access on the west property line as approved by the City of Milton Public Works Department. 5) To the owner’s agreement to abide by the following: a. The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. b. Pursuant to the acquisition of offsite easements the discharge from the stormwater management facility shall be piped with the appropriate connections to the headwall shown on Lot 17 of the Laurel Lakes Subdivision. c. The discharge from the junction box and 30” CMP on Lot 13 shall be removed and all associated flows to this location directed to the stormwater management facility. d. Applicant shall provide the City of Milton Community Development Department with a stream evaluation prepared by a qualified environmental professional for the stream channel on the western side of the property. Should the evaluation determine that an intermittent or perennial stream exist in this location the appropriate buffers shall be applied as required by the City of Milton Community Development Department. REVISED SITE PLAN SUBMITTED – MARCH 15, 2011 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) 4/4/2011 Page 1 of 18 U11-01/VC11-01 RA/ U96-07 U11-01/VC11-01 UNION PRIMITIVE BAPTIST CHURCH PROPERTY INFORMATION ADDRESS 335 Cox Road DISTRICT, LAND LOT 2/2, 1092 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 (Agricultural) ACRES 3.187 EXISTING USE 3,690 sq. ft. Church and 2,060 sq. ft. Fellowship Hall PROPOSED USE Expand existing Fellowship Hall OWNER Union Primitive Baptist Church ADDRESS 335 Cox Road Roswell, GA 30075 REPRESENTATIVE Scott Reece, Brumbelow-Reese & Associates ADDRESS 13685 Highway 9 Milton, GA 30004 PHONE 770-475-6817 INTENT To increase the size of the existing Fellowship Hall from 2,060 square feet to 3,000 square feet and a concurrent variance to delete the 50-foot undisturbed buffer and 10-foot improvement setback along the west property lines to allow the encroachment of the existing driveway, basketball court, portion of the Fellowship Hall and the cemetery. (Sec 64-1141(3) a.) COMMUNITY DEVELOPMENT RECOMMENDATION – MARCH 22, 2011 U11-01 - APPROVAL CONDITIONAL VC11-01 – APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION – MARCH 22, 2011 U11-01 - APPROVAL CONDITIONAL - 7-0 VC11-01 – APPROVAL CONDITIONAL – 7-0 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) 4/4/2011 Page 2 of 18 U11-01/VC11-01 RA/ U96-07 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) 4/4/2011 Page 3 of 18 U11-01/VC11-01 RA/ U96-07 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) 4/4/2011 Page 4 of 18 U11-01/VC11-01 RA/ U96-07 FUTURE LAND USE PLAN Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) 4/4/2011 Page 5 of 18 U11-01/VC11-01 RA/ U96-07 SITE PLAN SUBMITTED FEBRUARY 4, 2011 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) 4/4/2011 Page 6 of 18 U11-01/VC11-01 RA/ U96-07 VIEW OF SANCTUARY AND CEMETERY LOOKING FROM COX ROAD VIEW OF SANCTUARY LOOKING WEST Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) 4/4/2011 Page 7 of 18 U11-01/VC11-01 RA/ U96-07 SOUTH SIDE OF FELLOWSHIP HALL PROPOSED LOCATION OF FELLOWSHIP HALL (RIGHT SIDE OF BLDG) Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) 4/4/2011 Page 8 of 18 U11-01/VC11-01 RA/ U96-07 FRONT OF EXISTING FELLOWSHIP HALL Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) 4/4/2011 Page 9 of 18 U11-01/VC11-01 RA/ U96-07 Existing uses and zoning of nearby property Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North U87-60 AG-1 (Agricultural) Georgia Golf Driving Range Northeast U93-24 AG-1 (Agricultural) Ebenezer Methodist Church East RZ06-21 CUP (Community Unit Plan) Crabapple Oaks S/D (City of Roswell) N/A Further East U02-11 R-6 (Two Family Residential) The Porter School (City of Roswell) South and Southwest AG-1 (Agricultural) Scattered Single Family Residences and Summerhill Estates S/D (City of Roswell and Milton) Minimum 1 acre West and Northwest AG-1 (Agricultural) Scattered Single Family Residences (City of Milton and Roswell) Minimum 1 acre Northwest AG-1 (Agricultural) Heydon Hall Subdivision (City of Roswell) Minimum 1 acre SUBJECT SITE: The subject site is a 3.187 acre tract of agriculturally zoned land, located on the southwest corner of Cox and Ebenezer Roads. Staff notes that the location map indicates two parcels that have been combined into one parcel containing a total of 3.187 acres. The subject site is developed with an existing church, fellowship hall, associated parking, driveways, basketball court, and cemetery. Staff notes that the driveway onto Ebenezer Road was constructed around 2005 on the parcel that primarily fronts Ebenezer Road. This parcel was not included in the original Use Permit granted in 1996 pursuant to U96-005. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) 4/4/2011 Page 10 of 18 U11-01/VC11-01 RA/ U96-07 SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on February 4, 2011, Staff offers the following considerations: PARKING REQUIREMENTS The site plan indicates a total of 28 spaces. The subject site has an approved concurrent variance to provide a total of 25 parking spaces (95VC-17, Part 4). Staff notes that the addition to the fellowship hall will not impact the number of parking spaces needed as the ratio is based on the number of fixed seats in the sanctuary. It appears that the site can meet the requirements of Sec. 64-1141 (2) a. It requires that the applicant provide a 10 foot landscaped island for every 72 feet of double row length or 90 feet of single row length of parking spaces. Use Permit Standards Per Sec. 64-1804 (b) (2), no parking shall be located within the minimum front yard setback. The site was granted a concurrent variance to allow parking within the minimum front yard pursuant to 95VC-17, Part 1. The proposed expansion of the fellowship hall meets the remainder of the use permit standards for a church. Northwest Overlay District BUILDING SIZE, ORIENTATION, SETBACK, HEIGHT, SCALE, AND PARKING Sec 64-1145 (6) c. requires that no on-site parking shall be located to the front of a building and/or between a building and the public right-of-way. As stated above, pursuant to 96VC-17, Part 1 allows parking in this area. BUILDING SETBACKS Sec. 64-1145 (3) a. of the Northwest Fulton Overlay District requires a maximum 20-foot building setback from the edge of the required landscape strip and/or easements for all properties and lots located adjacent to public rights-of-way from 0 to 400 feet from an intersection. Based on the fact that the two buildings existed prior to the adoption of the Northwest Fulton Overlay District, a variance is not required. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) 4/4/2011 Page 11 of 18 U11-01/VC11-01 RA/ U96-07 BUILDING HEIGHT Sec. 64-1145(4) of the Northwest Overlay District requires a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. The applicant has not specifically indicated the height of the existing structure and addition, but it appears to meet this standard based on the existing conditions. LANDSCAPE STRIPS AND BUFFERS Sec 64-1141(1) a. requires a 10 foot landscape strip along all public streets. Although the applicant was granted a variance to delete the required 20 foot landscape strip as was required in 1996; Staff recommends that the applicant preserve the large wooded area adjacent to Ebenezer Road and the portion along Cox Road that was not in the original Use Permit granted in 1996. A condition will be included in the recommended conditions to reflect the preservation of this wooded area. Sec. 64-1141 (3) a. of the Northwest Overlay District requires a 50 foot undisturbed buffer, with a 10’ improvement setback, located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. The applicant requested a concurrent variance to reduce the undisturbed buffer and 10 foot improvement setback to zero feet along the west property lines where the cemetery, fellowship building, driveway and basketball court encroach into the buffer. Staff notes that based on the fact that the cemetery was located on the site prior to the adoption of any type of zoning ordinance and it is an “exceptional condition not caused by the applicant” (Sec 64.1883). The deletion of the buffer and improvement setback should be approved along the portion of the west property line where the cemetery is located. Pursuant to U96-005/VC96-17, the applicant was granted a reduction of a 25 foot undisturbed buffer and 10 foot improvement setback to zero feet along what was then the existing north property line. This line was approximately located across the driveway labeled “existing concrete driveway” and just below the existing basketball court going in an east/west direction. Based on the fact that this variance was granted and since that time, the Northwest Fulton Overlay District was adopted requiring a greater buffer of 50 feet, this was an “exceptional condition not caused by the applicant” (Sec 64.1883). In addition, based on the existing construction of the Fellowship Hall being an A- frame roof construction, the location of 28” white oak’s drip line, it appears that this is the only alternative placement for the addition. The existing basketball court and driveway onto Ebenezer Road were installed prior to the existence of the City of Milton’s incorporation; Staff will allow these encroachments to remain. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) 4/4/2011 Page 12 of 18 U11-01/VC11-01 RA/ U96-07 Therefore, Staff recommends APPROVAL CONDITIONAL U11-01 and VC11-01with the recommended conditions. PUBLIC INVOLVEMENT On February 23, 2011 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were no members of the community in attendance. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan and Report. The Public Participation meeting was held at the church on February 15, 2011 between the hours of 5:00 p.m. and 9 p.m. There was no one who attended the meeting. Public Comments – Staff has received one e-mail which is attached at the end of the report. City of Roswell Community Development Department Staff provided information to the City of Roswell and they were not opposed to the proposed development. City of Milton Design Review Board Meeting – March 1, 2011 The following recommendations were made by the DRB: • To increase the size of the existing Fellowship Hall from 2,060 square feet to 3,000 square feet and a concurrent variance to delete the 50-foot undisturbed buffer and 10-foot improvement setback along the west property lines to allow the encroachment of the existing driveway, basketball court, portion of the fellowship Hall and the cemetery. Comments: Get letter from adjacent property owners, On site plan, show location of existing buildings on adjacent properties (Staff notes that there are no buildings along the western property lines of the site) ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Section 64.2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The proposed site does not contain wetlands, floodplains, streams, steep slopes, or sensitive plant and animal Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) 4/4/2011 Page 13 of 18 U11-01/VC11-01 RA/ U96-07 species. The new construction will not impact any historical or archeological entities. City of Milton Fire Marshal There is no outstanding fire code issues associated with the proposed rezoning as they are now presented. City Arborist CONDITIONS: There are no specimen trees that will be impacted and appears that only a couple, if any trees will need to be removed. Northwestern buffer: existing driveway presently encroaching into the 50’ buffer. Remaining vegetation is fairly dense with deciduous material. There is little to no room for additional plantings. North central buffer: little vegetation is this 50’ area; there are some decent size hardwoods, but little screening material in this area. Adjacent property to the north is denser with existing, mostly deciduous vegetation. Western buffer: Adjacent to cemetery, fairly dense, deciduous material. There is little room for additional plantings without creating disturbance to an otherwise undisturbed area. Comments: The north central buffer is the only buffer that would readily accommodate additional plantings. The best that can be done to address buffer requirement is to remove existing hardwoods and replant buffer. The adjacent property is heavily wooded with young hardwood trees. With the intent to not remove trees to plant trees, at most would require that some additional plantings be installed within this area, at city arborist discretion. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) 4/4/2011 Page 14 of 18 U11-01/VC11-01 RA/ U96-07 In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: A. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Provided the applicant complies with the Recommended Conditions of this petition and the Use Permit requirements of Sec.64-1804 of the Zoning Ordinance, the proposed development is consistent with the intent and following policy of the Partial Plan Update: • We will encourage development that is sensitive to the overall setting of the community and will contribute to our community’s character and sense of place. B. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; If developed in accordance with Staff’s Recommended Conditions and the provisions of the Zoning Ordinance, the proposed expansion is expected to be compatible with other land uses in the surrounding area. C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use does not violate any known local, state and/or federal statutes, ordinances or regulations governing land development if approved with the recommended conditions. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; The proposed should not generate an increase in traffic based on the fact that the expansion will not increase the number of trips to the site. E. The location and number of off-street parking spaces; As indicated in the Site Plan Analysis, the subject site requires a total of 25 parking spaces located within the minimum front yard pursuant to VC96- 17. The site plan indicates an additional 3 parking spaces on the site. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) 4/4/2011 Page 15 of 18 U11-01/VC11-01 RA/ U96-07 F. The amount and location of open space; The applicant’s site plan indicates that approximately half of the subject site remains undeveloped. Staff is of the opinion that the proposed development will provide adequate open space for the proposed development. G. Protective screening; If developed in accordance with the requirements of the Zoning Ordinance, existing concurrent variances, the existing wooded areas adjacent to Ebenezer Road and portions of the western property lines, there is adequate screening for the proposed development. H. Hours and manner of operation; The applicant has stated that the operations for the church will be primarily on Sunday from 10 a.m. to 1 p.m. and on Wednesday from 6:30 p.m. to 9:00 p.m. I. Outdoor lighting; The applicant has minimal security lighting on site. Staff notes that the site shall be in compliance with Sec. 64-1144 of the Northwest Fulton Overlay District regarding outdoor lighting. J. Ingress and egress to the property. The applicant’s site plan indicates one curb cut on Ebenezer Road and two curb cuts on Cox Road. CONCLUSION The proposed church is consistent with Council and Plan Policies and compatible with the surrounding area, if developed in accordance with the requirements of the Zoning Ordinance and Staff’s Recommended Conditions. Therefore, Staff recommends APPROVAL CONDITIONAL of U11-01 for the church and expanded fellowship hall. In addition, Staff recommends APPROVAL CONDITIONAL of VC11-01. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) 4/4/2011 Page 16 of 18 U11-01/VC11-01 RA/ U96-07 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a USE PERMIT for a church (Sec. 64-1804) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Existing 3,690 square foot church and accessory uses and a 3,000 square foot fellowship hall. b) Limit the number of seats to 125. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the City of Milton Community Development Department on February 4, 2011. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Provide for parking within the minimum front yard. (96VC-17) b) Provide for the reduction of the 20 foot landscape strip to zero along Cox Road.(96VC-17) c) Provide for a total of 25 parking spaces. (96VC-17) d) To allow the existing cemetery, driveway, basketball to encroach into the 50 foot buffer and 10 foot improvement setback along the western property lines. (VC11-01) e) To allow the proposed expansion of the fellowship hall to encroach into the 50 foot buffer and 10 foot improvement setback along the western property line. (VC11-01) Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) 4/4/2011 Page 17 of 18 U11-01/VC11-01 RA/ U96-07 f) To preserve the wooded areas within the 60 foot minimum building setback along Cox Road and the 40 foot minimum building setback along Cox Road up to the northern curb cut. g) The number and location of all exit/entrance(s) to the site are subject to the approval of the Milton Public Works Department. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) 4/4/2011 Page 18 of 18 U11-01/VC11-01 RA/ U96-07 To whom it may concern, We are the owners of 360 COX ROAD property. We would like to inform you that we oppose the part of the application that requests to delete the 50 - foot undisturbed buffer and 10 - foot improvement setback along the property lines. We also oppose to reducing the buffer only a few feet, or to allow an encroachment of any kind of building, or another use, including a cemetery, along all the property lines. We think that this minimal unbuild or unused space should exist between public and private places along all the property lines, including between public places and the street. Thank you for your consideration, Sincerely, Hava Sarig STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON PETITION NO. U11-01/VC11-01 AN ORDINANCE TO APPROVE A USE PERMIT FOR A CHURCH AT 335 COX ROAD, LOCATED ON THE WEST SIDE OF COX ROAD HAVING A FRONTAGE OF 479.25 AND THE SOUTH SIDE OF EBENEZER ROAD HAVING A FRONTAGE OF 292.36 FEET BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on April 25, 2011 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended so that the following property located as described above, consisting of a total of approximately 3.187 acres as described in the attached legal description, be granted a Use Permit for a church (Chapter 64, Article IX, Division 5, Sec. 64-1804 with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 1991 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Use Permit listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article IX, Division 5, Sec 64-1804 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 25th day of April, 2011. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) CONDITIONS OF APPROVAL U11-01/VC11-01 The City of Milton Mayor and City Council approved a USE PERMIT for a church CONDITIONAL (Sec. 64-1804) at 335 Cox Road subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Existing 3,690 square foot church and accessory uses and a 3,000 square foot fellowship hall. b) Limit the number of seats to 125. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the City of Milton Community Development Department on February 4, 2011. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Provide for parking within the minimum front yard. (96VC-17) b) Provide for the reduction of the 20 foot landscape strip to zero along Cox Road.(96VC-17) c) Provide for a total of 25 parking spaces. (96VC-17) d) To allow the existing cemetery, driveway, basketball to encroach into the 50 foot buffer and 10 foot improvement setback along the western property lines. (VC11-01) e) To allow the proposed expansion of the fellowship hall to encroach into the 50 foot buffer and 10 foot improvement setback along the western property line. (VC11-01) f) To preserve the wooded areas within the 60 foot minimum building setback along Cox Road and the 40 foot minimum building setback along Cox Road up to the northern curb cut. g) The number and location of all exit/entrance(s) to the site are subject to the approval of the Milton Public Works Department. SITE PLAN SUBMITTED ON MARCH 4, 2011 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) Page 1 of 8 March 30, 2011 PETITION NUMBER: ZM11-01 PROPERTY INFORMATION ADDRESS Crooked Stick Drive, Lot 9 Estates at Atlanta National DISTRICT, LAND LOT 2/2, 849 OVERLAY DISTRICT Northwest EXISTING ZONING CUP (Community Unit Plan RZ85-181 EXISTING USE Undeveloped PROPOSED USE Single Family Residence APPLICANT Charles Feyt for Atlanta National LLC ADDRESS 13510 Providence Lake Drive Milton, GA 30004 APPLICANT’S REQUEST: To modify condition 1.e. (RZ85-181) to reduce the 100-foot building setback along the south property lines to 50 feet and to reduce the 100-foot building setback along the west property line to 40 feet. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM11-01 – APPROVAL CONDITIONAL LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) Page 2 of 8 March 30, 2011 PROPOSED REVISED SITE PLAN RZ85-181 SUBMITTED MARCH 1, 2011 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) Page 3 of 8 March 30, 2011 EXISTING SITE PLAN – RZ85-181 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) Page 4 of 8 March 30, 2011 Subject site looking toward lot 8 Interior of lot Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) Page 5 of 8 March 30, 2011 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) Page 6 of 8 March 30, 2011 Condition to be Modified: (RZ85-181) 1. To the owners agreement to restrict the use of the subject property as follows: e. Provide at least a 100 foot building setback from the property line of the CUP (Community Unit Plan). ANALYSIS AND RECOMMENDATIONS The subject site is a 3.215 acre undeveloped, heavily wooded residential lot located in Estates at Atlanta National (formally known as The Estates at National). It is zoned CUP (Community Unit Plan) pursuant to RZ85-181. The applicant is requesting to reduce the 100-foot perimeter building setback along the southern property lines to 50 feet and the west property line to 40 feet to construct a single family residence with approximately 4,500 square feet. The Capital City Club golf course is located to the south and west of the subject property with an access road and a single family residence to the east. The applicant also owns a small parcel just north of lot 9 not included in the subject subdivision and the Atlanta National Golf Club owns the remainder of the property to the north. Condition 1.e. requires a 100 foot building setback from the property line of the CUP for all adjacent properties. The site plan indicates that the proposed residence will encroach into a portion of the 100 foot perimeter setback by 50 feet along the south property line and 40 feet along the west property line. The lot is shaped like a reversed “flag” with frontage along Crooked Stick Drive. The southern portion of the lot is 80 feet in width in addition to the proposed 50 foot building setback. Under the current conditions there isn’t adequate area to build a house of the size proposed. Staff notes that there is a 25 foot side building setback along the north property line of the “pole” portion of the flag shaped lot. The required 100 foot setback along the west property line and the required 60 foot front setback (the site plan is incorrectly labeled 25 feet) along the east property line also do not provide sufficient area to build a house. The applicant also proposes a 30 foot undisturbed buffer adjacent to the Capital City Club along the south and western property lines to provide additional screening for the golf course. Staff will also include the 30 foot undisturbed buffer in the recommended conditions. The applicant has submitted support letters from the adjacent property owner to the east at 270 Crooked Stick Drive (lot 8) where the closest residence is located and another from the Estates at Atlanta National Homeowners Association. Staff notes that the City of Milton Mayor and City Council have approved two previous Zoning Modifications to reduce the same 100 foot building setback from the property line of the CUP pursuant to ZM09-01 on Atlanta National Drive and ZM07-02 on Crooked Stick Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) Page 7 of 8 March 30, 2011 Drive. In addition, the Fulton County Board of Commissioners approved three requests to reduce the 100 foot building setback from the property line of the CUP. CONCLUSION Based on the shape and multiple building setback requirements that leave the lot with extremely limited developable area, Staff recommends APPROVAL CONDITIONAL of ZM10-01 to modify condition 1.e to provide a 50 foot building setback along the southern property lines and 40 feet along the west property line. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) Page 8 of 8 March 30, 2011 RECOMMENDED CONDITIONS Should the Mayor and City of Council approve this petition, the Recommended Conditions (RZ85-151) should be revised to read as follows: 1. To the owner’s agreement to restrict the use of the subject property as follows: e. Provide at least a 100-foot building setback from the property line of the CUP except for lot #9 which shall provide a 50 foot building setback along the south property line and a 40 foot building setback along the west property line. 2. To the owner’s agreement to abide by the following: e. To provide a 30 foot undisturbed buffer along the south and west property lines. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON PETITION NO. ZM11-01 AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON COUNTY BOARD OF COMMISSIONERS APPROVING PETITION Z85-181 ON OCTOBER 2, 1985, PROPERTY LOCATED ON PROVIDENCE ROAD WITHIN LAND LOTS 735, 736, 777, 778, 806, 807, 808, 849, 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 95.696 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on April 25, 2011 at 6:00 p.m. as follows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on October 2, 1985, for petition Z85-181 that approved a zoning to CUP (Community Unit Plan) property located Providence Road consisting of a total of approximately 95.686 acres, attached hereto and made a part herein; ALL THAT TRACT or parcel of land located on Crooked Stick Drive, Lot 9 (22-3811-0807-017-6); and SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 25th day of April, 2011. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) CONDITIONS OF APPROVAL ZM11-01 Crooked Stick Drive Lot 9 (22-3811-0807-017-6) Should the Mayor and City of Council approve this petition, the Recommended Conditions (RZ85-151) should be revised to read as follows: 1. To the owner’s agreement to restrict the use of the subject property as follows: e. Provide at least a 100-foot building setback from the property line of the CUP except for lot #9 which shall provide a 50 foot building setback along the south property line and a 40 foot building setback along the west property line. 2. To the owner’s agreement to abide by the following: e. To provide a 30 foot undisturbed buffer along the south and west property lines. 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: March 30, 2011 for Submission onto the April 25, 2011 City Council Meeting (First Presentation April 11, 2011, Work Session April 18, 2011) Agenda Item: RZ11-03 - To amend Chapter 64, Article VII, Division 5 (State Route 9 Overlay District) CMO (City Manager’s Office) Recommendation: To approve the recommended amendments of Chapter 64, City of Milton Zoning Ordinance as it pertains to the State Route 9 Overlay District. Background: After more than four years of incorporation and evaluating various rezoning, use permits, as well as development permits, the Community Development Staff experienced the existing off-street parking requirements did not reflect current standards. In addition, the State Route 9 Design Guidelines Committee concurred that improved parking standards were needed to assist in creating aesthetically pleasing and environmentally friendly developments within the City. Discussion: The major changes in the requirements are reductions in retail commercial and office uses. Staff also included new use categories including carry out only restaurants, data centers, and libraries. The methodology for calculating shared parking was researched and Staff concluded although the current method is cumbersome it remains the easiest and convenient way to calculate shared parking. Additionally, a reduction of the basic parking requirement was included for areas within walking distance from developments to bus stops. The mention of MARTA rail stations was deleted within the same section. Proposed changes were reviewed by the Planning Commission and the proposed amendments include their recommendations. Alternatives: The Council may allow the ordinances to remain as proposed or make other amendments to the proposed revisions. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ11-03 AN ORDINANCE TO AMEND SECTION CHAPTER 64, ARTICLE VII, DIVISION 5 OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO AMEND THE STATE ROUTE 9 OVERLAY DISTRICT BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 25, 2011 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Chapter 64, Article VII, Division 5 (The State Route 9 Overlay District) to amend development and design requirements and to create the Deerfield Plan within the State Route 9 Overlay District, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 25th day of April, 2011 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) 1 RZ11‐03 Text Amendment to State Route 9 Overlay District Prepared for the Mayor and City Council on April 11, 2011 (First Presentation) PC Comments shown in red Sec. 64-1068. - Purpose and intent. (a) The mayor and city council hereby declares it to be the purpose and intent of this division to establish a uniform procedure to provide for providing for the protection, enhancement, preservation, unity of design, and use of places, sites, buildings, structures, streets, neighborhoods, and landscape features in the State Route 9 Overlay District in accordance with the provisions herein. (b) This division is adopted as part of a strategy designed to promote the health, safety, order, prosperity, and general welfare of the city's citizens through the regulation of design, aesthetics, location, bulk, size of buildings and structures, and the density and distribution of population. (c) This division also seeks to: (1) reduce congestion on the streets; (2) provide safety from fire, flood and other dangers; (3) provide adequate light and open space; and (4) protect the natural environment and address other public requirements, in order to provide sustainable development that involves the simultaneous pursuit of economic prosperity, environmental protection and social quality. (d) This division also seeks, among other things, to promote accepted design principles in areas of new development and redevelopment, to raise the level of community understanding and expectation for quality in the built environment, to protect and enhance local aesthetic and functional qualities, and to stimulate business and promote economic development. (e) In consideration of the character of the State Route 9 Overlay District, these regulations are to monitor the suitability for certain uses, construction and design, prevent functional and visual disunity, promote desirable conditions for community and commerce and protect property against blight and depreciation. Sec. 64-1069. - Regulations; applicability. (a) The State Route 9 Overlay District applies to all properties (except single-family detached dwelling units) within the area delineated on the attached map: State Route 9 Zoning Overlay District, January, 2011.September 4, 2003. The State Route 9 Overlay District also applies to those properties annexed into the city within the area delineated on the attached map. (b) Within the State Route 9 Overlay District, land and structures shall be used in accordance with the standards of the underlying district. Whenever provisions of this division conflict with any other division or article section in this zoning ordinance or any other city ordinances, regulations, or ordinances,or the standards set forth in this division shall prevail. Sec. 64-1070. - Design review board. The city design review board as set forth in section 64-1120 of this zoning ordinance shall review for approval all plans for development, except for single-family detached dwelling units, in the State Route 9 Overlay District for compliance with the standards herein prior to the approval of a land disturbance permit, building permit orand demolition permits for both residential and nonresidential structures. The design review board shall make only recommendations to the board of zoning appeals for primary variances. Secs. 64-1071—64-10891086. - Reserved Sec 64-1087-Building Placement along State Route 9 2 RZ11‐03 Text Amendment to State Route 9 Overlay District Prepared for the Mayor and City Council on April 11, 2011 (First Presentation) PC Comments shown in red (a) Maximum setback for buildings less than 50,000 square feet shall be 100 feet measured from the right‐of‐way. (b) Maximum setback for buildings greater than 50,000 square feet shall be 300 feet measured from the right‐of‐way. (c) All buildings shall be oriented to face a street ore courtyard. Sec. 64-1088 – Stormwater Management Facilities (a) All facilities shall be in compliance with the Stormwater Management Manual (Chapter 20, Article 4 of the City Code) (b) If facilities are located above ground they should be located in the least conspicuous area of the site or be designed them to create a natural look. Sec. 64‐1089 – Outdoor Public Amenity Areas (a) For developments over a total of 75,000 square feet gross building area, an amenity area must be provided. Examples include but are not limited to pocket parks, plazas, public art, and walking and recreational trails. (b) When Any Sstreet furniture, benches, trash receptacles and or pedestrian street lights installed in an Amenity Area must be of a type indicated below or similar are provided, the following models are required or as approved by the City of Milton Design Review Board. a. benches – Victor Stanley Classic Series CR‐138 in black with no center arm rest. b. trash receptacles – Victor Stanley D‐35 in black. c. pedestrian street light ‐ Philips Lumec Domus Series black. Victor Stanley Classic series CR‐138 bench and Victor Stanley D‐35 3 RZ11‐03 Text Amendment to State Route 9 Overlay District Prepared for the Mayor and City Council on April 11, 2011 (First Presentation) PC Comments shown in red Philips Lumec Domus Series pedestrian street light . Sec. 64-1090. - Landscaping. (a) A minimum 20-foot-wide landscape strip along the following roads is required when Aarticle III of this Zzoning Oordinance specifies a smaller landscape strip: State Route 9, Windward Parkway, Deerfield Parkway, Cogburn Road, Webb Road, Morris Road, and Bethany Bend Road. (b) A minimum ten -foot wide landscape strip is required along any interior property line adjacent to a nonresidential zoning or use. (c) For each 30 linear feet of landscape strip, a minimum of one three-inch caliper hardwood shade tree is required to be planted in the center of the landscape strip or as approved by the community development director City Arborist. Sec. 64-1091. - Undisturbed buffers. (a) For sites on four acres or less, a 50-foot-wide undisturbed buffer, with a ten-foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used or developed for residential uses. (b) For sites on more than four acres, a 75-foot-wide undisturbed buffer, with a ten- foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. (c) To make Bbuffers seem natural shall consist of, an equal mix of three species from Appendix J of Sec 60-411, the "Acceptable Evergreen Plant Material for City of Milton for Undisturbed Buffers." shall be used. Comment [r1]: The Planning Commission recommended this section should be further evaluated to provide additional requirements for defining “public” and the amount of property to be set aside for amenities. 4 RZ11‐03 Text Amendment to State Route 9 Overlay District Prepared for the Mayor and City Council on April 11, 2011 (First Presentation) PC Comments shown in red Sec. 64-1092. - Screening and fencing. (a) If visible from a public right-of-way or adjacent residential use, rear or side parking and loading areas shall be screened from view by one of the following methods: placement behind the building, 100 percent opaque fencing, a berm, or vegetative screen planted to buffer standards. Side parking on a corner lot facing a side street does not need to be screened. (b) Where a parking lot, parking structure or gas fueling bay fronts directly on a public street, a continuous screen of evergreen plantings shall be provided. Said screen shall be three feet in height at planting and four feet minimum height at maturity and three feet to eight feet in width at maturity. (c) Retaining walls shall be faced with or constructed of stone, brick, or decorative concrete modular block only. If any retaining wall equals or exceeds three feet in height, a continuous evergreen planting shall be approved by the City Arborist (d) Dumpster Refuse collection areas and receptacles shall be placed in the least visible location from public streets and shall be enclosed on three sides with opaque walls. The fourth side shall be a self-closing gate made from noncombustible materials. Opaque walls shall be a minimum of 12 inches higher than the receptacle. Wall materials shall be noncombustible brick or stone. Refuse receptacles shall not be placed within 50 feet of an existing residential or AG-1 (agricultural) property line. (e) Accessory site features located on the ground shall be screened from view from any public right-of- way or any residential use by one or a combination of the following: placement behind the building, 100 percent opaque fencing, a berm, or vegetative screen planted to buffer standards. Where walls or fences are used in lieu of planted screens, landscape materials shall be incorporated into the screening scheme. (f) Accessory site features are prohibited in the front yard or in any yard adjacent to a street. (g) Accessory site features on a roof shall be screened from the view of public and private streets by a parapet or other architectural feature or as approved by the community development director. No parapet shall be required to be greater than four feet above the roof. (h) Flat roofs shall be screened from the view of public and private streets by a parapet. No parapet shall be required to be greater than four feet above roof. (i) Along public streets, fencing materials shall be natural or manmade stone, brick, aluminum, ornamental or decorative wrought iron, architectural concrete, or wood f.encing materials shall be primarily dark stained wood and could include accents of natural or man-made stone, brick, aluminum, ornamental or decorative wrought iron or architectural concrete. Pictured below are examples that are in keeping with the equestrian and rural character of Milton. Unpainted and unstained pressure-treated wood is prohibited. 5 RZ11‐03 Text Amendment to State Route 9 Overlay District Prepared for the Mayor and City Council on April 11, 2011 (First Presentation) PC Comments shown in red (j) Fences and posts adjacent to a public street shall not exceed 55 inches in height measured from finished grade. (k) Chainlink fencing may be used along golf courses, play fields, and other recreational areas. All chainlink fencing shall be black or hunter green vinyl coated. Exception: chainlink fencing shall not be allowed if fencing can be seen during any month of the year from the following streets: Windward Parkway, Deerfield Parkway, Cogburn Road, State Route 9, Webb Road, Morris Road, and Bethany Bend Road. (l) When required, fencing material around detention/retention facilities shall meet the fencing requirements as specified by Sec 64-1092 (i) be black or hunter green vinyl coated chainlink fence or as approved by the community development director. (m) Painted chainlink fences are prohibited. (n) Opaque fences are only permitted in side and rear yards not adjoining any roadways. Sec. 64-1093. - Pedestrian paths. (a) Sidewalks are required along all public and private road frontages and shall be a minimum of six feet wide. (b) Formatted: Font: (Default) Arial, 9 pt, Font color: Black Formatted: Font: (Default) Arial, 9 pt, Font color: Black 6 RZ11‐03 Text Amendment to State Route 9 Overlay District Prepared for the Mayor and City Council on April 11, 2011 (First Presentation) PC Comments shown in red Sidewalks, multiuse paths and other pedestrian paths shall be illustrated on the site plan submitted at the time of application for a land disturbance permit. (c) Sidewalks shall be allowed to meander as topography permits subject to the approval of the director of the community development department. Community Development Director. (d) Multiuse paths for bicycles and pedestrians may be substituted for the required sidewalks as approved by the director of community development Community Development Director and the director of public works Public Works Director when the path is part of the Ccity bicycle and pedestrian plan. (e) Multiuse paths designed for use by bicyclists bicycles and pedestrians shall be 12 feet wide. (f) Multiuse paths designed with separate paths for bicyclists bicycles and pedestrians shall be 15 feet wide, ten 10 feet for bicycles and five feet for pedestrians. (g) Sidewalk connector paths shall be constructed across the entire length of all concrete aprons and shall be textured to match the appearance of sidewalk materials, in color, texture and design. Sidewalk connector paths shall comply with all applicable standards of the Americans with Disabilities Act (ADA). (h) Internal walkways (paths) are required from the public sidewalk to the main entrance of the principle principal use of the property. and shall meet applicable Americans with Disabilities Act (ADA) standards. (i) If provided, street furniture shall be located outside the specified width of any pedestrian pathinternal walkway. (j) Paths Internal walkways shall be designed to minimize direct auto-pedestrian interaction. (k) Intra-parcel walkways crossing parking lots shall be distinguished from parking lots by the use of colors, texture (use of different materials), difference in rise elevation above the parking lot, or a combination of these methods, to minimize auto-pedestrian conflict. (l) Sidewalks shall be connected to applicable signalized crosswalks and with bus stops. (m) Paths shall be direct and convenient routes between points of origin (e.g.i.e., bus stop) and destination (i.ee.g.., shop, bank, etc). (n) The lighting plan for pedestrian paths shall be included on the site plan submitted at the time of application for a land disturbance permit. Pedestrian lighting shall also be shown on the landscaping plan so that future mature growth vegetation does not conflict with proposed lighting. (o) Pedestrian connectivity between residential and adjacent nonresidential developments is required. Sec. 64-1094. - Lighting. (a) A lighting plan for open parking lots and pedestrian paths shall be submitted for approval prior to the issuance of a land disturbance permit. 7 RZ11‐03 Text Amendment to State Route 9 Overlay District Prepared for the Mayor and City Council on April 11, 2011 (First Presentation) PC Comments shown in red (b) Any lighting fixture shall be a cutoff luminary whose source is completely concealed with an opaque housing. Fixtures shall be recessed in the opaque housing. Drop dish refractors are prohibited. The wattage shall not exceed 420 watts/480 V per light fixture. This provision includes lights on mounted poles as well as architectural display and decorative lighting visible from a street or highway. Wall pack lighting shall be cutoff down directional a maximum of 250 watts. Canopy lighting shall be cut-off down directional a maximum of 250 watts. Canopy lighting shall be cut-off luminaries with a maximum lamp wattage of 400 watts. (c) Light sources (lamps) shall be incandescent, fluorescent, metal halide, mercury vapor, natural gas, LED or color corrected high pressure sodium (CRI of 60 or better). The same type must be used for the same or similar type of lighting on any one site. (d) Mounting fixtures must be modified in such a manner that the cone of the light is not directed at any property line. The minimum mounting height for a pole is 12 feet. The maximum mounting for a pole is 28 feet. Any fixture and pole located within 20 feet of a residential zoning shall be a tType fFour (Enclosures that are intended for outdoor use primarily to provide a degree of protection against windblown dust and rain., splashing water, and hose directed water; undamaged by the formation of ice on the enclosure) or and forward throw distribution. (e) All site lighting shall be designed so that the illumination as measured in footcandles at any one point meets the following standards: (1) Minimum and maximum levels are measured at any one point. (2) The average level is not to exceed the calculated value and is derived using only the area of the site included to receive illumination. (3) Points of measure shall not include the area of the building or areas which do not lend themselves to pedestrian traffic. (4) If the major portion of the lighting design is to be in the front of a building, the average level should not be affected by adding a light or two in the back of the same building, which would raise the average of the intended area for lighting. (f) Future renovations, upgrades, or additions to existing facilities prior to the effective date of this article shall not exceed existing illumination levels contained in the following table. The entire site must be bought into conformance with this Section division should a renovation, upgrade, or addition occur that would require a land disturbance permit. ..... Location or Type of Lighting Minimum Level Foot Candles Average Level Foot Candles Maximum Level Foot Candles Area for display of outdoor merchandise 1.0 5.0 10.0 Commercial, office, and public/semi-public parking areas 0.6 2.40 10.0 Multifamily residential parking areas 0.2 1.50 10.0 Walkways and streets 0.2 2.00 10.0 Landscape and decorative 0.0 0.50 5.0 8 RZ11‐03 Text Amendment to State Route 9 Overlay District Prepared for the Mayor and City Council on April 11, 2011 (First Presentation) PC Comments shown in red (g) Historic period lighting shall be used. Shoe box, cobra lighting fixtures, and exposed neon lighting are prohibited. (h) shoe box cobra exposed neon Lights shall be architecturally decorative with a historic style (includes shepherds crook, pole top, and bollard). The same type of design must be used along pedestrian pathways and common areas. (i) Shoe box, cobra lighting fixtures, and neon lighting are prohibited.Roadway, parking lot and pedestrian lights and poles shall be the Phiips Lumec Domus series in black or similar or as approved by the design review board and shall be of a type as indicated below . Within these areas, lights shall include decorative skirts or aprons. Philips Lumec Domus series in black Formatted: Font: (Default) Arial, 13.5 pt, Font color: Custom Color(RGB(34,0,193)) Formatted: Font: (Default) Arial, 9 pt, Font color: Black Formatted: Font: (Default) Arial, 13.5 pt, Font color: Custom Color(RGB(34,0,193)) Formatted: Font: (Default) Arial, 9 pt, Font color: Black Formatted: Font: (Default) Arial, 9 pt, Font color: Black 9 RZ11‐03 Text Amendment to State Route 9 Overlay District Prepared for the Mayor and City Council on April 11, 2011 (First Presentation) PC Comments shown in red (j.) Mast Arm poles for signalized intersections shall be determined by the Public Works Department. Sec. 64-1095. - Building materials and architectural treatmentsdesign. (a) Developments shall include architecture elements, such as: (1) Columns; (2) Arcades; (3) Covered entry walkways; (4) Arches; (5) Facade offsets; (6) Windows; (7) Balconies; (8) Offset walls; (9) Clock towers; (10) Cupolas; and (11) Courtyards. (b) The principle entry area of a building shall be articulated and express greater architectural detail than other portions of the building. (c) To the extent any rear or side of any building is visible from any public street or single family residence, aArchitectural treatment shall continue through the rear or side on all sides. (d) All buildings shall be oriented to face a street or courtyard. (e)d Any nonresidential and multi-family building facade shall have a minimum of 25 percent fenestration or as may be approved by the director of community development. (f)e Front yard fences shall be nonopaque. Opaque fences are only permitted in side and rear yards not adjoining any roadways. (g)f 10 RZ11‐03 Text Amendment to State Route 9 Overlay District Prepared for the Mayor and City Council on April 11, 2011 (First Presentation) PC Comments shown in red Building plans for townhouse and duplex developments shall exhibit differentiated exterior wall materials on the vertical wall faces within each block of units and architectural features such as porches, balconies, bay windows, stoops, which are consistent with one overall architectural theme. (h)g Townhouse and duplex development rooflines should exhibit differentiated architectural features such as gables, pyramidal, and hip. Rooflines should be varied. Mansard roofs are not permitted. (i)h Alleys shall only be allowed if the alley is located between two rows of townhouses or duplex developments. If constructed, alleys shall exhibit a continuous network with other streets and or alleys at the rear of each building lot. (j)i Exterior buildings shall demonstrate a variety of appearances which are all compatible with one selected architectural theme. (k)j Buildings shall not end abruptly at a corner. Corner buildings shall demonstrate focal points which anchor the corner. Corner buildings should have functional extensions around any corner. (l)k The scale of buildings with ground floor areas greater than 10,000 square feet is subject to the recommendationapproval of the director of community development design review board prior to the issuance of a building permit. (m)l The massing of buildings with ground floor areas greater than 10,000 square feet is subject to the recommendation approval of the director of community developmentdesign review board prior to the issuance of a building permit. (n)m There shall be a maximum of two stories with a maximum height of 30 feet from average finished grade to bottom of the roof eave, excluding Morris Road and Deerfield Parkway. (o)n Building entrances and front exteriors shall be articulated and designed to create additional visual interest by varying architectural details, building materials, and by varying the roof line and building offsets. (p)o The exterior wall materials of all nonresidential buildings and townhouse, duplex, and multifamily buildings consist of a minimum of 75 percent (per vertical wall plane) of the following: brick or natural stone. (q)p Accent building materials for all nonresidential buildings, and also townhouse, duplex and multifamily units are limited to a maximum of 25 percent brick, tile, non-reflective glass, natural stone with weathered, polished or fluted face, textured traditional cement stucco, architectural concrete masonry with fluted, split-face, or broken-face finish, Portland cement plaster and lath systems, architectural (either precast or tilt-up) concrete (fluted or with exposed aggregate finish), or Hardi-plank fiber cement siding. (r)q Exposed standard concrete masonry unit (CMU) block, corrugated steel, aluminum siding, vinyl siding, prefabricated metal, exposed plywood, and exposed pressboard are prohibited as exterior wall finishes. (s)r Exterior finishes for accessory structures shall be consistent with the principle structure. (t)s 11 RZ11‐03 Text Amendment to State Route 9 Overlay District Prepared for the Mayor and City Council on April 11, 2011 (First Presentation) PC Comments shown in red Permitted colors for exterior walls, building components, sign structures, accent and decorative elements shall be as specified by the following table or as approved recommended by the director of community developmentdesign review board. (u)(t) Permitted sloped roof materials are asphalt shingles, composition shingles, wood shingle, tin, standing seam metal, and wood shake. Sloped roofs are encouraged wherever feasible. (v)(u) Roof colors shall be black, gray, dark gray, brown, red or green. Reflective and metallic colors are prohibited unless described in the table contained in this section. (w)(v) Building components such as burglar bars, steel gates, metal awnings and steel roll-down curtains are prohibited if visible from a public street. (x)(w) Exposed Nneon lighting s outlining and detailing building features areis prohibited. Permitted Colors for Exterior Walls, Building Components, Sign Structure, Accent and Decorative Elements The following numbers refer to the Pantone Matching System, an international color matching system Exterior Building Walls, Building Components, Sign Structure, Accent and Decorative Elements Accent and Decorative Elements Only White Black White Browns, beiges and tans 462C—468C 4625C—4685C 469C, 474C, 475C 4695C—4755C 478C, 719C—724C 725C—731C 476U—482U 719U—725U 726U—732U Reds 483C, 484C 7411C- 7414C 7515C-7519C 7522C-7526C Grays 400C-432C Greens 553C—554C 560C—561C 614C—616C 3302C—3305C 3295C 342C, 343C 3435C 356C, 357C 5467C—5527C 3305U, 3308U, 335U 336U, 341U—343U Comment [r2]: The same chart for sign structure is located in the Sign Ordinance. Need to delete any reference to signs outside of the Sign Ordinance. 12 RZ11‐03 Text Amendment to State Route 9 Overlay District Prepared for the Mayor and City Council on April 11, 2011 (First Presentation) PC Comments shown in red Sec. 64-1096. -– Parking Locations and Vehicular Circulation. (a) Onsite parking shall be located to the side and rear of buildings when possible. A maximum of 30 percent of the overall parking requirement for a development shall be placed in front of a building. (b) All developments which exceed the minimum number of required parking spaces by the zoning ordinance shall be constructed of pervious material and/or shall provide one row of pervious parking along the periphery of the development as approved by the Public Works Department. (c) Newly developed streets shall incorporate on street parking. (d) On-street surface parking spaces located adjacent to the front property line shall be counted toward the minimum number of parking spaces required for that lot. (e) Access lanes and additional curb cuts, other than the primary access drive, shall be located to the side or rear of the property. The maximum width of the access lane and driveway is 18 feet. (f) Decks shall be constructed to conceal vehicles. (g) Decks shall include architectural detailing and finish compatible with surrounding buildings. (h) At least one bicycle parking arearack for a minimum of four bicycles shall be provided for each nonresidential development. (i) Loading areas shall be located in the rear or side yards. (j) Inter-parcel access and shared driveways are required to minimize curb cuts and improve street traffic flow. Sec. 64-1097. - Miscellaneous provisions (State Route 9 Overlay District). (a) Telecommunications switchboards, power generators, and other telecommunications relay equipment rooms or floors housing such uses are limited to the following areas of a building: (1) Subterranean levels; (2) First and second floors which are set back a minimum of 50 feet from the street; or (3) Third and fourth floors. (b) Stealth design is required for all wireless telecommunication towers. (c) Neither parking lots nor areas immediately adjacent to a building shall be used for storage or sale of goods. (d) Storage of shopping carts is allowed without a permit. (e)(d) Displaying or sale of goods outside the interior permanent and sheltered portions of a building is prohibited. Exceptions: seasonal holiday trees, pumpkins, and open air fairs provided an administrative permit is obtained, pursuant to section 64-1608. may be obtained by applying for an administrative permit obtained pursuant to Section 64-1608. (f) (e) 13 RZ11‐03 Text Amendment to State Route 9 Overlay District Prepared for the Mayor and City Council on April 11, 2011 (First Presentation) PC Comments shown in red Vending machines, paper stands, and other similar devices must be located in the interior to of the building structure. (Ord. No. 10-08-72, § 1, 8-20-2010) Editor's note— Section 1 of Ord. No. 10-08-72, adopted Aug. 20, 2010, changed the title of § 64-1097 from "Miscellaneous provisions" to "Miscellaneous provisions (State Route 9 Overlay District)." Sec. 64-1098. - Severability. In the event that any section, subsection, sentence, clause or phrase of this division Article shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this division, which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. Sec. 64-1099. - Appeals. Any persons aggrieved by a final decision of the design review board relating to this division Article may appeal such final decision to the board of zoning appeals by filing in writing setting forth plainly, fully and distinctly why the final decision is contrary to law per this zoning ordinance. Such appeal shall be filed within 30 days after the final decision of the design review board is rendered. DIVISION 5A- DEERFIELD PLAN OF THE HIGHWAY 9 OVERLAY DISTRICT Subdivision I. In General Sec 64-1100 – Purpose and intent. The mayor and city council hereby declares it to be the purpose and intent of this Section division to recognize that the Deerfield Plan is located in the southwest portion of the City of Milton and serves as the primary commercial, office, and high density residential development within the City. In addition, the area was master planned with a specific aesthetic that is consistent throughout the area. It is the City’s intent to preserve and encourage this aesthetic that includes, but is not limited to, landscaping, buildings, and parking, A site’s natural assets and its relationship to its immediate surroundings should have a significant influence on the design. The Deerfield Plan is based on the physiographic features of the land, and each individual development parcel or project within the Deerfield Plan should realize this point and incorporate existing site specific characteristics such as vegetation, topography, hydrology and views. Topography, vegetation and hydrology are closely interrelated and have a direct effect on each other. Disruption to any one element will have repercussions to the others, which must be carefully considered. The inherent qualities existing within the Deerfield Plan can and should be incorporated into site planning and design efforts. Sec 64-1101 – Applicability. (a) The Deerfield Plan is a section of the State Route 9 Overlay District that applies to all parcels as represented in the Map titled “Deerfield Area” 14 RZ11‐03 Text Amendment to State Route 9 Overlay District Prepared for the Mayor and City Council on April 11, 2011 (First Presentation) PC Comments shown in red If standards are not specified in the State Route 9 Overlay District, then this zoning ordinance shall apply. If standards are not specified in the Deerfield Area section, then standards of the State Route 9 Overlay District shall apply. (b) Whenever provisions of this division conflict with this zoning ordinance or any other city ordinances, or regulations, these standards shall prevail. Sec 64-1102 – Design Review Board The city overlay district design review board, as set forth in section 64-1120 of this zoning ordinance shall review all plans for development except detached single-family residential in the Deerfield Area for compliance with the standards herein prior to the approval of a land disturbance permit, building permit or and demolition permit for both residential and nonresidential structures. The design review board shall only make recommendations to the board of zoning appeals for primary variances. Subdivision II. Development Standards Sec. 64-1103 - Circulation and Parking Guidelines for vehicular circulation and parking consider the safety and aesthetic factors relative to the movement of vehicles in order to minimize conflicts between vehicles and pedestrians, to limit paved areas and to screen and soften the visual impact of parking areas, both interior and edges. (a) Surface Parking: 1) Minimum space between buildings and parking: 20 feet. 2) Minimum space between peripheral parking and right-of-way or adjacent property: 30 feet except for retail-zoned land which shall have a 50-foot minimum buffer (consisting of a 25-foot undisturbed buffer and a 25-foot non-impervious surface buffer). 3) At least one 9 foot wide minimum landscape island shall be provided for every 15 parking spaces. 4) Minimum size of tree islands, 9-foot width. Does not count as open space unless larger than 500 square feet. 5) Curbing (continuous concrete) required in all parking areas. 6) Tree quantities and sizes must meet those required by the Tree Preservation Ordinance in Chapter 60, Article II unless otherwise required by Sec. 64-1105. 7) Screening and other planting requirements in Sec. 64-1092.6. 8) Spaces at perimeter curbs may be shorted to account for car overhang. Consider appropriate landscape and/or sidewalk width adjacent to such overhang. 9) Divided parking areas into sections with capacities of not more than 200 cars each, separated by landscape buffer areas at least 20 feet wide. (b) Parking Structures: 1) Exterior design must be architecturally harmonious with development. 2) Screening at perimeter of deck shall be provided at grade level so that vehicles are screened up to a height of 3’6”. 15 RZ11‐03 Text Amendment to State Route 9 Overlay District Prepared for the Mayor and City Council on April 11, 2011 (First Presentation) PC Comments shown in red 3) Any ramp drive entry or exit from a parking structure shall end a minimum of 25 feet from the side property line, 50 feet from front property line and 45 feet from rear property line. 1)4) All parking spaces must be delineated with painted lines. Sec. 64-1104 - Natural Vegetation Areas All established, forested areas are to remain undisturbed unless approval for any changes to vegetation is obtained as a part of the design review process. Natural areas will be required to be preserved in certain locations. These areas may occur along parkways, roadways, streams and drainage features, hedgerows, to serve as a buffer between dissimilar land uses and for visual and/or noise attenuation. Such areas will be preserved as natural (undeveloped) reserves. These areas will require the following procedures: (a) Clearing limit lines of natural areas and specimen trees to be preserved shall be clearly delineated on all plans;. (b) Trees or vegetative areas that are to remain undisturbed shall be protected with an orange fence. Such fencing shall provide adequate protection for all trunks branches and root systems, prior to the use of grading equipment. Fencing shall not be removed until commencement of landscape planting. (c) When areas of natural vegetation occur within twenty feet of the point of intersection of vehicular drives and streets, vehicular drives and pedestrian walks or two or more drives or streets, the vegetation shall be limited to a height not to exceed 3 feet, or in the case of trees, no branches below six feet. (d) In general, areas of natural vegetation may be cleared of undergrowth; however, the limit and extent of such clearing must be reviewed and approved by the City Arborist prior to commencement of such work. (e) All landscape areas (greater than 500 square feet) or natural areas constitute open space. A minimum of 30% unobstructed open space is required upon each land parcel , except as specified for Multi-Residential: 1) 40% aggregate floor maximum for all buildings and parking 2) 25% unobstructed space (landscape surface ratio) 3) 12 dwelling units per acre gross density Sec 64-1105 - Street Tree Specifications Street trees shall be provided along the road frontages as follows: (a) Deerfield Parkway shall have Willow Oak, planted just behind the right-of-way spaced 50 feet on center. (b) Morris Road and McGinnis Ferry Road shall have Legacy Sugar Maple 50 feet on center planted just behind the right-of-way. (c) Webb Road shall have October Glory and Red Sunset Maples 50 feet on center planted just behind the right-of-way. (The species should alternate in groups of 3-t trees.) (d) Road “B” cul-de-sac shall have October Glory Red Maple planted just behind the right-of-way spaced 50 feet on center. 16 RZ11‐03 Text Amendment to State Route 9 Overlay District Prepared for the Mayor and City Council on April 11, 2011 (First Presentation) PC Comments shown in red (e) Windward Parkway and GA Highway 9 frontage shall have a combination of October Glory and Red Sunset Maples with flowering cherries and dogwood. These plantings and layouts must be pre-approved by the Owner and Landscape Architect prior to installation. (f) All street trees shall be a minimum of 5 inch caliper at the time of planting. All layouts must be approved by Owner and Landscape Architect prior to installation. Sec 64-1106 – Pedestrian Circulation Sidewalks for primarily pedestrian use shall have an unobstructed width of at least six feet and shall be provided as per city standard. All sidewalks shall meet accessibility standards for disabled users as required by appropriate government authorities. When multiple uses are anticipated on the same walk/trail, the width shall be increased to minimize conflicts between the various users. Twelve-foot widths are recommended in such instances, with an 8-foot minimum, to accommodate multiple uses: (a) Special Requirements for Pedestrian Circulation: 1) Multifamily development shall incorporate pedestrian walkways throughout, including pedestrian circulation in public right-of-ways adjacent to each property. 2) All commercial areas shall provide adequate pedestrian circulation within the parcel development, as well as the public right-of-way pedestrian circulation network adjacent to each property. (b) Sidewalk Specifications: All landowners shall provide for street trees along the road frontages as follows: 1) Deerfield Parkway shall have installed, along all frontages of properties, a sidewalk along the eastern side and bike path along the western side. 2) The sidewalk shall be a minimum of 6 feet in width and meander along the trees, Each site must maintain at least a 20-fot landscape buffer from the back of the meandering sidewalk. 3) The bike path shall also meander among the street trees similar to the picture below. INSERT PICTURE OF MEANDERING SIDEWALKS 4) All properties fronting Morris Road shall have a sidewalk 5 feet in width and meandering through street tree plantings. 5) Cross walks shall be installed along with handicap ramps as required by the City. 6) Bike paths will not be permitted on Morris Road. 7) All bike paths and sidewalks shall be constructed of 2,800 psi concrete with light broom finish, control joints at five foot on center, and expansion joints 8 feet on center. 8) All edges, control joints and expansion joints shall have a 1¼ picture frame tooled and light broom finish. Sec 64-1107- Building Setbacks and Heights (a) All parcels that front Deerfield Parkway, Morris Road, and Webb Road shall meet the underlying Zoning District requirements for building setbacks and not the State Route 9 Overlay District Standards. 17 RZ11‐03 Text Amendment to State Route 9 Overlay District Prepared for the Mayor and City Council on April 11, 2011 (First Presentation) PC Comments shown in red (b) There shall be a maximum of two stories with a maximum height of 30 feet from average finished grade to the bottom of the roof eave, excluding Morris Road and Deerfield Parkway. Subdivision III – Architectural Design Sec 64-1108- Exterior Building Materials and Roof Design (a) The exterior wall materials of all non residential buildings located on Morris Road, Webb Road and Deerfield Parkway shall include brick, stone, pre-cast concrete, wood, glass and granite. (b) Roof-mounted mechanical equipment, vents and stacks shall be screened. (c) Long runs of exposed ductwork, pipes, conduit or other similar items are prohibited. (d) Any appurtenances that must be roof mounted shall be located and screened so they are not visible from any point at ground level. Where possible, the appurtenances shall be grouped and enclosed by screens that are designed to be compatible with the building architecture. The screens shall be set back from the roof edge at a distance of no less than their height (e) All rooftop appurtenances shall be painted to be compatible with the building architecture. (f) Rooftop solar collectors, skylights, and other potentially reflective rooftop building elements shall be designed and installed in a manner that prevents reflected glare and obstruction of views of other sites and structures. Structural elements shall be screened. (g) Roofing material and color shall be compatible with building and surroundings. 18 RZ11‐03 Text Amendment to State Route 9 Overlay District Prepared for the Mayor and City Council on April 11, 2011 (First Presentation) PC Comments shown in red STATE ROUTE 9 OVERLAY DISTRICT MAP Field Code Changed 19 RZ11‐03 Text Amendment to State Route 9 Overlay District Prepared for the Mayor and City Council on April 11, 2011 (First Presentation) PC Comments shown in red DEERFIELD PLAN MAP Field Code Changed REVISED SITE PLAN SUBMITTED MARCH 1, 2011 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: March 30, 2011 for Submission onto the April 25, 2011 City Council Meeting (First Presentation April 11, 2011, Work Session April 18, 2011) Agenda Item: RZ11-04 - To amend Chapter 64, Article VIII, Divisions 1 and 2 (Off-Street Parking and Loading) CMO (City Manager’s Office) Recommendation: To approve the recommended amendments of Chapter 64, City of Milton Zoning Ordinance as it pertains to Basic Off-Street Parking and Loading requirements. Background: After more than four years of incorporation and evaluating various rezoning, use permits, as well as development permits, the Community Development Staff experienced the existing off-street parking requirements did not reflect current standards. In addition, the State Route 9 Design Guidelines Committee concurred that improved parking standards were needed to assist in creating aesthetically pleasing and environmentally friendly developments within the City. Discussion: The major changes in the requirements are reductions in retail commercial and office uses. Staff also included new use categories including carry out only restaurants, data centers, and libraries. The methodology for calculating shared parking was researched and Staff concluded although the current method is cumbersome it remains the easiest and most convenient way to calculate shared parking. Additionally, a reduction of the basic parking requirement was included for areas within walking distance from developments to bus stops. The mention of MARTA rail stations was deleted within the same section. Proposed changes were reviewed by the Planning Commission and the proposed amendments include their recommendations. Alternatives: The Council may allow the ordinances to remain as proposed or make other amendments to the proposed revisions. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney RZ11‐04 – Text Amendment to amend Chapter 64, Article VIII, Divisions 1, 2 (Off‐Street Parking and Loading) Prepared for the Mayor and City Council meeting on April 11, 2011 (First Presentation) Planning Commission Edits shown in Red 1 Sec. 64-1410 - Calculations. Parking requirements shall be calculated based on the proportion that each use contributes to the total. All areas are expressed in gross square feet of building area unless ground area or some other measure is specified. Any fraction of one-half or larger shall constitute a whole. A bench seat shall consist of 18 inches. Use Group Example of Types of Use Minimum Requirement All areas are expressed in spaces per gross square feet of building area unless ground area or some other measure is specified. Adult entertainment establishments 10 per 1,000 sq. ft. Assembly places with fixed seating Stadiums, auditoriums, theaters, amphitheaters 1 per 4 fixed seats Assembly places without fixed seating Meeting halls, libraries 1 per 35 sq. ft. in largest assembly room Auto dealerships, sales and service New car sales, used car sales, service and parts 6.5 per 1,000 sq. ft. Bowling alley 5 per alley Child care kindergarten Day care centers preschool 1.7 per 1,000 sq. ft., plus 1 per 4 employees on the largest shift Churches and other places of worship wWithout fixed seating Churches, cathedrals, temples 1 per 3.5 fixed seats in the largest assembly area 1 per 30 sq. ft. in largest assembly area Clubs and lodges Country clubs, fraternal organizations 5 per 1,000 sq. ft. Club with golf course 50 per 9 holes, plus 1 per 1,000 sq. ft. Commercial, amusement, outdoor Amusement parks, skateboard parks, batting cages 1 per 4 fixed seats or 1 per 35 sq. ft. of floor area used for moveable seats; plus 10 per 1,000 sq. ft. of ground area identified for recreation and assembly Custodial care Halfway houses 2.5 per 1,000 sq. ft. Data Center 1 per 4,000 square feet, 2.8 per 1,000 feet for offices within building Dormitories and related Dormitories, fraternity houses, sorority houses, boardinghouses 1 per bedroom, plus 5 per 1,000 sq. ft. of common area Festivals, outdoor Horseshows, carnivals, dogs shows, arts and crafts shows 2 per 1,000 sq. ft. of ground area identified for festivals and music festivals related seating RZ11‐04 – Text Amendment to amend Chapter 64, Article VIII, Divisions 1, 2 (Off‐Street Parking and Loading) Prepared for the Mayor and City Council meeting on April 11, 2011 (First Presentation) Planning Commission Edits shown in Red 2 Financial institutions Banks, credit unions, brokerage houses 5 per 1,000 sq. ft. Funeral homes 1 per 3 fixed seats, plus 1 for each 25 sq. ft. in the largest assembly room Golf course, public and private, without club facilities (lockers, dining facilities) 50 spaces per 9 holes Health care facilities Hospitals, outpatient clinics, convalescent homes, nursing homes 1 per four beds, plus 1 per 3 employees Hotels and motels, no restaurants With restaurants Apartment hotels, Hotel, motels 1 per room 1.25 per room Industrial, and manufacturing Assembly plants, fabrication plants, factories 1 per 1,000 sq. ft., 2.8 per 1,000 square feet for offices within building Laboratories, scientific and related Experimental labs, fabrication plants, factories 2.5 2.0 per 1,000 sq. ft. Library Library 3 per 1,000 sq.ft. Medical offices, related facilities Dental offices, doctor's offices, veterinary offices, clinics 4 per 1,000 sq. ft. Mini warehouses 1 per employee, plus 1 per 5,000 sq. ft. Offices, general Freestanding offices office towers office parks offices associations with other uses 32.8 per 1,000 sq. ft. to 250,000 sq. ft. 2.82.6 per 1,000 sq. ft. all exceeding 250,000 sq. ft. Personal service establishments Barbershops beauty parlors laundromats dry cleaners 5 per 1,000 sq. ft. Race track 1 per 4 fixed seats or 1 per 35 sq. ft. of floor area used for moveable seats, plus 10 per 1,000 sq. ft. of other spectator area Recreational facilities, indoor Billiard parlors game rooms arcades skating rinks physical fitness centers, museums 5 per 1,000 sq. ft. RZ11‐04 – Text Amendment to amend Chapter 64, Article VIII, Divisions 1, 2 (Off‐Street Parking and Loading) Prepared for the Mayor and City Council meeting on April 11, 2011 (First Presentation) Planning Commission Edits shown in Red 3 Recreation, private Ssingle-family or mixed- residential use, association or club Multifamily residential Tennis court Basketball court Swimming pool 3 per court 4 per court 6 per adult Swimming pool, plus 1 per 15 dwelling units beyond 60 served included in basic parking requirement Recreation, public Basketball court Playing fields Tennis courts Driving range Miniature golf Swimming pool 4 per court 50 per field 3 per court 2 1 per tee 20 per 18 holes 20, plus 1 per 50 sq. ft. of pool area Recycling center 1.5 spaces per 1,000 sq. ft. of building floor area and 2 spaces per outdoor recycling collection container plus loading spaces as specified in section 64-1501 Residential, multifamily (fewer than 40 units/acre) 1 bedroom or efficiency unit 2 bedroom unit 3 bedroom unit 1.4 per unit 2.0 per unit 2.25 per unit Residential Multifamily Highrise (40 plus units per acre) 1 bedroom or efficiency unit 2 bedroom unit 3 bedroom unit 1.25 per unit 1.75 per unit 2.00 per unit Residential, single-family Detached dwelling duplexes mobile homes 2 per dwelling unit Residential, retirement home Retirement homes retirement village 1.25 per dwelling unit Restaurants, nightclubs and taverns (including/outdoor seating) Cafeterias bars dance clubs restaurants music clubs bistros 10 per 1,000 sq. ft. Restaurants, carry out only 5 per 1,000 sq.ft. Retail establishments Boutiques shops stores rental services art galleries food stores 54 per 1,000 sq. ft. Roadside stand 6 plus 5 per 1,000 sq. ft. ground area Salvage, storage and/or junk 1 per employee plus 4 per acre RZ11‐04 – Text Amendment to amend Chapter 64, Article VIII, Divisions 1, 2 (Off‐Street Parking and Loading) Prepared for the Mayor and City Council meeting on April 11, 2011 (First Presentation) Planning Commission Edits shown in Red 4 Sec. 64-1411. - Shared parking. (a) Shared parking is the use of parking spaces by more than one of the uses listed in table contained in Sec. 16-1410. The standards for shared parking may be utilized for any of the combinations of uses shown in the following table on any number of properties when approval is reflected in the conditions of zoning for each such property. Similar provisions are provided under off-site and shared parking requirements in the use permits article for those uses which were not zoned concurrently or as part of a multiple use project. The conditions of zoning or use permit, as applicable, establish the limits of parking requirements among uses and properties, and the Ccity shall not require any contractual relationship among property owners. (b) The standards for determining parking requirements in a multiple-use development are as follows: (1) Determine the minimum amount of parking required for each separate use. (2) Multiply each parking requirement by the corresponding percentage for each of the time periods given in the following table. (3) Calculate the column total parking requirement for each time period. (4) facility Schools Junior high elementary middle Secondary colleges business colleges universities trade conservatories vo-tech Larger of 2 per classroom or 1 per 35 sq. ft. in largest assembly area Larger of 10 per classroom or 1 per 35 sq. ft. in largest assembly area 5 per 1,000 sq. ft. Service and repair establishments Appliance repair shops bicycle repair shops shoe repair shops general repair centers 5 per 1,000 sq. ft. Service stations and automotive repair centers Automotive garages paint and body shops tire centers service stations car care centers 5 per 1,000 sq. ft. Warehousing and storage Commercial storage, distribution centers 1 per 2,000 3,000 sq. ft., office space within facility 3 per 1,000 Comment [r1]: Staff notes that the below methodology is consistent with other shared parking calculations used by other jurisdictions and recommended by experts in the field. RZ11‐04 – Text Amendment to amend Chapter 64, Article VIII, Divisions 1, 2 (Off‐Street Parking and Loading) Prepared for the Mayor and City Council meeting on April 11, 2011 (First Presentation) Planning Commission Edits shown in Red 5 The largest column total is the shared parking requirement. (c) Maximum number of parking spaces.Shared parking calculations (1) Properties proposed for individual uses would require the following number of parking spaces: (2) Properties proposed for multiple uses under the provisions for shared parking would require the following number of parking spaces: Thus, 508 spaces would be needed for this development, a reduction of 172 spaces or 25 percent. Sec. 64-1412. - Reduction of the basic requirement. A reduction of the basic off-street parking requirement will be allowed for nonresidential and multifamily developments that locate within 1,500 feet of a MARTA rail station which is complete or scheduled for completion within three years. A reduction will be allowed on the following scale whenever pedestrian access is provided between the use and the MARTA rail station as approved by the director of the community development department: Weekdays Weekends Night tTime 6:00 a.m.- 5:00 p.m. 5:00 p.m.- 1:00 a.m. 6:00 a.m.- 5:00 p.m. 5:00 p.m.- 1:00 a.m. 1:00 a.m.- 6:00 a.m. Office 100% 10% 10% 5% 5% Retail 60% 90% 100% 70% 5% Hotel 75% 100% 75% 100% 75% Restaurant 50% 100% 100% 100% 10% Entertainment/ recreational 40% 100% 80% 100% 10% Church 50% 50% 100% 100% 10% Office 300 spaces Retail 280 spaces Entertainment 100 spaces Total 680 spaces Weekdays Weekends Nighttime 6:00 a.m.- 5:00 p.m. 5:00 p.m.- 1:00 a.m. 6:00 a.m.- 5:00 p.m. 5:00 p.m.- 1:00 a.m. 1:00 a.m.-6:00 a.m. Office 300 30 15 Retail 168 252 280 196 14 Hotel Restaurant/ entertainment/ recreational 40 100 80 100 10 Total 508 382 390 311 39 Straight-line distance from MARTA station Reduction Property Line to Applicant RZ11‐04 – Text Amendment to amend Chapter 64, Article VIII, Divisions 1, 2 (Off‐Street Parking and Loading) Prepared for the Mayor and City Council meeting on April 11, 2011 (First Presentation) Planning Commission Edits shown in Red 6 Walking distance from development property line to bus stop % Reduction 0‐1,500 feet 5% Sec. 64-1413. - Administrative reduction of spaces constructed. The director of the community development director department may authorize a reduction in the total number of parking spaces constructed on a site to no less than 90 percent of the basic requirement when all of following conditions are met: (1) The request for reduction in parking shall show that the reduction is justified on the basis of characteristics unique to the specific proposed use of the property in contrast to the characteristics of other uses within the same category. (2) Adequate land area for meeting the basic parking requirement is located on and designed for the site whether at grade or in parking decks. The unconstructed portion of the parking shall be clearly delineated and labeled "Future Parking" on the site plan. (3) Prior to granting the reduction in total parking spaces constructed, the director of the community development director shall conclude that the reduction is justified, and shall approve, in whole or in part, or deny the request stating the reasons therefore in the report. (4) If the director of the community development director finds that the parking reduction is no longer justified, the director shall notify the owner to construct the number of parking spaces necessary to meet the required level. (5) Prior to any change in ownership or use, the owner must apply to the director of the community development director department for an evaluation and confirmation of the reduction. Secs. 64-1414—64-1432. - Reserved. Property Line 0—500 feet 15% 501—1,000 feet 10% 1,001—1,500 feet 5% STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ11-04 AN ORDINANCE TO AMEND SECTION CHAPTER 64, ARTICLE VIII, DIVISIONS 1 AND 2 OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO AMEND OFF-STREET PARKING AND LOADING BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 25, 2011 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Chapter 64, Article VIII, Divisions 1 and 2 (Off-Street Parking and Loading) as it pertains to the parking calculations and administrative reductions in parking , is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 25th day of April, 2011 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Honorable Mayor and City Council Members From: Lynn Tully AICP, Community Development Director Date: March 30, 2011 for Submission onto the April 25, 2011 City Council Meeting (First Presentation April 11, 2011, Work Session April 18, 2011) Agenda Item: RZ11-05 - To amend Chapter 64, Article XVIII, Section 64-2453 (Creation of a historic preservation commission) CMO (City Manager’s Office) Recommendation: To approve the recommended amendments of Chapter 64, City of Milton Zoning Ordinance as it pertains to appointment, terms, and elections. Background: The Historic Preservation Commission Ordinance (Article XVIII) was approved by the Mayor and City Council on June 21, 2010. The Ordinance provided for the creation of a historic preservation commission whose structure reflected the State Model Ordinance which was not consistent with each Councilmember’s terms but required each appointee’s term to be three years in length and subject to reappointment for concurrent terms. Discussion: It was discovered that this method for appointing historic preservation commissioners was inconsistent with all other City Boards and Commissions. That portion of the Historic Preservation Commission Ordinance requires amending to be consistent with the current Mayor and Councilmember’s terms. Therefore, the text amendment was written by the Community Development Staff and reviewed by the Planning Commission reflecting their recommendations. Alternatives: The Council may allow the ordinances to remain as proposed or make other amendments to the proposed revisions. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney RZ11‐05 Text Amendment to the Historic Preservation Ordinance Prepared for the Mayor and City Council Meeting on April 11, 2011 (First Presentation) Sec. 64-2453. - Creation of a historic preservation commission. (a) Creation of the historic preservation commission. There is hereby created a commission whose title shall be "Milton Historic Preservation Commission" (hereinafter ("HPC"). (b) HPC members: Numbers, appointment, terms, and compensation. The HPC shall consist of seven members appointed by the Milton City Council concurrent with appointing council member’s term. with each appointing one member whose term will be three years, but shall be subject to reappointment for concurrent terms. All members shall be residents of the City of Milton and shall be persons who have demonstrated special interest, experience, or education in history, architectural history, or the preservation of historic resources. Each appointee shall reside anywhere within the city City and not be bound to a councilperson's councilpersonmember's respective council district. One member of the Milton Design Review Board ("DRB"), as designated by the DRB, shall serve as an ex-officio member of the HPC. In addition, two ex-officio members may be appointed to the HPC by majority vote of the HPC and will serve at the discretion of the HPC. These additional ex-officio members are not required to own property in the city City limits, and do not need to be residents of the City of Milton, but have expressed interest in the surrounding communities and are regarded as valuable sources of information by consensus of the official members of the HPC. Ex-officio members of the HPC shall not have voting rights and shall not be counted for the purpose of determining whether a quorum of HPC members exists at any HPC meeting. To the extent an individual is available and willing to serve in the City of Milton, at least one official, voting HPC member shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, archeology, building construction, real property appraisal, or related professions. The members’ shall serve terms concurrent with the terms of their respective appointed Councilmember or Mayor that appointed them. Annual elections shall be held by the HPC to elect officers from among its voting members. Officers are to include Chairperson, Vice Chairperson, and Secretary. The officers may serve an unlimited number of one-year terms. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. HPC members shall not receive a salary, although they may be reimbursed for expenses with the prior approval of the city manager. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ11-05 AN ORDINANCE TO AMEND SECTION CHAPTER 64, ARTICLE XVIII, SECTION 64-2453 OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO AMEND THE CREATION OF A HISTORIC PRESERVATION COMMISSION BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 25, 2011 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Chapter 64, Article XVIII, Section 64- 2453, to amend the creation of a historic preservation commission as it pertains to the appointment terms, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 25th day of April, 2011 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) (GCDD GEORGIA COUNCIL ON March 4, 2011 Mr. Christopher Lagerbioom, City Manager City of Milton 13000 Deerfield Parkway, Suite 107A Milton, Georgia 30004 RE: Notice of Grant Award Dear Mr. Lagerbloom: 2 Peachtree St. NW, Suite 26-246 Atlanta, GA 30303 Main: 404.657.2125 Toll Free! 888.275.4233 Fav 404.657.2132 FDD: 404.657.2133 www,gcdd.org It is my pleasure to inform you that the Georgia Council on Developmental Disabilities (GCDD) has approved funding for a grant contract with the City of Milton. Attached for your review and approval is the contract including annexes and forms that require execution for finalizing the contract_ If you approve the contract, please sign the contract signature page as indicated by the "sign here' tab. Annexes and Forms that require signatures (sign here tabs) are Annex A -- Immigration and Security Form, Annex S - HIPAA Form, and Attachment A — Required Federal Forms 4, 9, 10, 11 and 12. Please mail the contract along with the signed signature page, annexes and forms to Drelda Mackey, Grants Manager at GCDD. There are sample online report forms included in the contract; the Expenditure Report and the Program Report. You will complete these forms online when requesting your expenditure reimbursement and reporting the progress of your project. GCDD will assign a contract number and send a copy of the completed contract to you upon receipt of the requested documents. This award is made under the authority of Public Law 106402, subject to codified Federal Regulation 45 Part 7. The US Department of Health and Human Services, CFDA #93.630 provides the funding for this award. If you have any questions, please contact Caitlin Childs at 404-657-2125. Thank you, Drelda R. Mackey J Grants Manager Enclosures: As stated Georgia Council on Developmental Disabilities State of Georgia Fulton County Contract No: 441- TBA MGP Code: 918-27 Contract Start Date: February 15, 2011 Contract End Date: February 14, 2012 Program: Real Communities Milton Total Amount: $24,248.75 Federal: $19,399 State: $0.00 Match: $4,849.75 Federal Employer Identification Number (FEIN: 51-0608862) CONTRACT FOR THE AWARD OF GRANT MONIES THIS CONTRACT, made and entered into by and between THE GEORGIA COUNCIL ON DEVELOPMENTAL DISABILITIES (hereinafter "the Council"), an agency of the State of Georgia (hereinafter "the State"), acting pursuant to O.C.G.A § 30-8-1, et seq., whose address for purposes of this contract is 2 Peachtree Street, N.W., Suite 26-246, Atlanta GA 30303; AND CITY OF MILTON, 13000 Deerfield Parkway, Suite 107A, Milton, Georgia 30004, hereinafter "Contractor". A. Purpose This Contract is entered into by both parties to facilitate implementation of the program as described in the Grant Application Forms: Project Data Sheet, Outline, Work Plan and Budget Plan as contained in the DD Suite Online program are considered material elements of this contract by both parties. B. Legal Authority to Grant Award The Georgia Council on Developmental Disabilities is Georgia's designated state agency for carrying out the provisions of The Federal Developmental Disabilities Assistance Bill of Rights, 42 U_S.C. 15001, and specifically § 15021. This award is made pursuant to § 15021 and O.C.G.A. X30 -8-1(d)(4). C. Duration of the Contract This contract is effective beginning February 15, 2011 and terminating on February 14, 2012, unless terminated earlier under other provisions of this contract. The Council shall have the option, exercisable in its sole discretion to annually renew this contract. Renewal decisions are based primarily on the availability of funds and the Contractor's successful contract performance the preceding year. The parties to this contract mutually agree and covenant as follows: D. The Council Agrees to Provide Funding in the Amount of $19,399. The Council also Agrees to: 1. Will provide technical assistance to the City of Milton and Ann Coggins as needed and requested. 2. The Organizing Director and other Real Communities staff and consultant will actively support the development of Ann Coggins in her role as Community Builder and of the Real Communities project in Milton as a whole. 3. The GCDD will provide Ann Coggins and other involved in the Milton Real Communities project with training and learning opportunities to expand and support their work. 4. The GCDD will provide seed funding in the amount of $4999.00 for the mini -grant program and funding in the amount of $14,400 for the community builder stipend. 1-1 E. The Contractor Agrees to: In consideration for the items listed in the above sections the Contractor agrees to the following provisions and requirements: 1. Provide Community Builder, Ann Coggins, with a monthly stipend of $1200.00.. 2. Complete quarterly expenditure reports and coordinate with Ann Coggins to complete quarterly programmatic reports. 3. Communicate with GCDD Organizing Director as needed and requested. 4. Provide administrative assistance to Ann Coggins in relation to Real Communities project in Milton and meet with her regularly. 5. Provide administrative oversight for the Mini -Grant program 1. Match Requirement The Contractor agrees to provide matching funds in the amount of at least 25% of the funds the Council awards. In this case the match the Contractor must provide is $4,849.75. If matching funds are not spent as stipulated in Project Budget Plan, the Council may, at their discretion, reduce the award in an appropriate amount to make the Contractor match 25%. 2. Reporting Requirements: The following reports are required to be submitted within the respective timeframe as indicated below. a. Monthly or Quarterly Reporting The Contractor shall report expenditure reimbursement and program reports on a quarterly basis to the Council. i. Online Expenditure Reimbursement Report documents program expenditure activity that has been paid by the Contractor during the reporting period. The report must document grant funds, cash match, and in-kind match spent by the program during the reporting period in accordance with the approved DD Suite Online Expenditure Report. ii. Online Program Report documents the program/project activities during the reporting period. The report must document federal areas of emphasis in accordance with the required Performance Targets (Attachment #1) and the approved DD Suite Online Program Report. iii. Consumer Satisfaction Surrey Every year the Contractor must disseminate and collect the Consumer Satisfaction Survey (Attachment 2). The survey must then be submitted to the Council to measure the satisfaction of the participants. b. Final Program Report Within forty-five (45) days of the contract end date, the Contractor shall submit the Final Program Report using the form provided by the Council. A copy of all printed materials published in conjunction with the Program shall be included with the Final Program Report. Final payment will not be authorized until the Final Program Report has been accepted by the Council and all conditions of the contract have been met by the Contractor. 3. Record Retention Contractor and subcontractor record retention requirements are six (6) years from submission of final expenditure report. If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained until all litigations, claims, or audit findings have been resolved. The contractor agrees to give the State and Federal Government and the Council full and complete access to all consumer/customer/client records, administrative records, financial records, pertinent books, documents, papers, correspondence, including e-mails, management reports, memoranda, and any other records of the Contractor and subcontractor for the purpose of conducting or reviewing audit examinations, excerpts, and transcripts. All the aforementioned records, Forms and statements are subject to audit by the 1-2 state of Georgia and are considered public records, available for public inspection in accordance with O.C.G.A. § 50-18-70 et seq. The Contractor agrees that the DHR Office of Investigative Services (hereinafter called 01S) upon the request of the Commissioner or his/her designee, has full authority to investigate any allegation of misconduct in performance of duties arising from this contract made against an employee of the Contractor. The Contractor agrees to cooperate fully in such investigations by providing OIS full access to its records and by allowing its employees to be interviewed during such investigations. 4. Subcontracts Any subcontracts or delegation of the authority herein will be submitted to the Department for approval prior to execution. The Contractor specifically agrees to be responsible for the performance of any subcontractor or other duties delegated and all provisions of this contract. The Contractor will ensure that the subcontractor both understands and abides by all pertinent provisions of the contract and regulations applicable to the subcontractor. The Contractor agrees to reimburse the Council for any federal or state audit disallowances arising from the subcontractor's performance or non-performance of duties under this contract which are delegated to the subcontractor, The Council's program directors are the Council's approving authority for subcontracts and delegation of authority. 5. Purchase of Equipment And Program Material At the request of the Council the Contractor agrees to return any equipment and/or program material purchased by the Contractor with funds provided by the Council at the end of the contract period or upon termination of the contract. 6. Site Visits The contractor agrees to allow members and/or staff of the Council to monitor and inspect the operations of the Contractor through announced and/or unannounced site visits. Site visits may include review of program administration, program services, and program financial records. Such monitoring and inspection activities may include, without limitation, on-site health and safety inspections, financial and behavioral health/clinical audits, review of any records developed directly or indirectly as a result of this Contract, review of management systems, policies and procedures, review of service authorization and utilization activities, and review of any other areas, activities or materials relevant to or pertaining to this Contract. 7. Employment Policies Contractor agrees to abide by all Federal and State employment laws, rules and regulations. Additionally, Contractor agrees to abide by and affect all Employment Policies (Attachment #3) so incorporated into the Contract, including, but not limited to: a. Criminal Records Investigation of Employees; b. Non -Discrimination; c. Compliance with the Americans With Disabilities Act; d. Drug -Free Work Place; e. Non -Smoking Policy; and f. Immigration and Security Laws (Annex A). S. Conflict of Interest The Contractor and the Council certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 through 45-10-28, as amended, which prohibit and regulate certain transactions between certain state officials or employees and the State of Georgia, have not been violated and will not be violated in any respect. 9. Privacy Policies Contractor agrees to abide by all Federal and State privacy laws, rules and regulations. Additionally, Contractor agrees to abide by the Council's policy on respecting the confidentiality of an individual's records. Contractor further agrees not to divulge any information concerning any individual to any unauthorized person without the written consent of the individual employee, consumer/customer/client, or responsible parent or guardian. 1-3 Contractor also agrees to abide by and be bound by the provisions in HIPAA, and incorporates the HIPAA Business Associate Agreement (Annex B). 10. Publicity Materials Contractor agrees to ensure that any publicity materials generated by the Contractor identify the Council as a sponsoring agency. Publicity materials include, but are not limited to, signs, notices, information pamphlets, press releases, brochures, radio or television announcements, or similar information prepared by or for the Contractor, Prior approval for the materials must be received from the Council's managing programmatic division/office. All media and public information materials must also be approved by the Executive Director of the Council. In addition, the Contractor shall not display the Council's name or logo in any manner, including, but not limited to, display on Contractor's letterhead or physical plant, without the prior written authorization of the Executive Director of the Council. 11. Work Product Any Work Product created by the Contractor, once delivered to the Council, may be freely copied and distributed by the Council. The Contractor shall not use any copyrighted materials in the performance of this Contract without compliance with the copyright laws affecting same, including any licensing agreements. Should the Council decide that it would be advantageous to formally publish for academic, statutory compliance or similar purposes all or a portion of the Work Product, the Council may engage in such publication. Proper credit shall be given to the party that developed the material, The Contractor agrees all work performed by the Contractor for the Council under this contract, and all materials developed or generated by the Contractor in the course of performance of this contract shall be the sole property of the Council and considered the Council's creation, translation, compilation or fixation in a tangible medium of expression. The Council shall own all right, title, and interest in and to the Work Product and in and to all other work created by Contractor hereunder, including all copyrights and proprietary rights therein, 12. Assurances Attachment A consisting of five forms containing Assurances regarding both Federal and State Law, specifically: Form 4: Assurances — Non Construction Programs Form 4: Financial Interest Disclosure Form 10: Human Rights Assurances Form 11: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Form 12: Certification regarding Lobbying for Grants, Loans, and Cooperative Agreements By entering into this agreement Contractor states he/she has read, understands and agrees to abide by all the laws and policies laid out in the above forms. Contractor also must sign each form indicating the same, and these forms are incorporated into this contract. 13. Political Activities Contractor further agrees that in accordance with the Federal Appropriations Act: No part of any federal funds contained in this Contract shall be used, other than for normal and recognized executive -legislative relationships, for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature itself. No part of any federal funds contained in this contract shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature. 1-4 Contractor further agrees that no part of state funds contained in this contract shall be used for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, Internet, or video presentation designed to support or defeat legislation pending before the General Assembly or any committee thereof, or the approval or veto of legislation by the Governor or for any other related purposes. 14. Termination In addition to the terms set forth below this Contract may be cancelled or terminated by either party without cause. This contract may be terminated by the Contractor for any reason upon sixty (60) days prior written notice to the Council. This Contract may be terminated by the Council for any reason upon thirty (30) days prior written notice to the Contractor. Contractor shall be entitled to payment for services satisfactorily rendered through the date of termination. a. Due to Non-availability of Funds Notwithstanding any other provision of this Contract, in the event that either of the sources of reimbursement for services under this Contract (appropriations from the General Assembly of the state of Georgia or the Congress of the United States of America) no longer exist or in the event the sum of all obligations of the Council incurred under this and all other contracts entered into for this program exceeds the balance of such contract sources, then this Contract shall immediately terminate without further obligation of the Council as of that moment. b. Due to Default or For Cause This Contract may be terminated for cause, in whole or in part, at any time by the Council for failure of the Contractor to perform any of the provision hereof, Should the Council exercise its right to terminate this Contract under the provisions of this paragraph, the termination shall be accomplished in writing and specify the reason and termination date. The Contractor shall be required to submit the final expenditure report not later than 45 days after the effective date of written notice of termination. Upon termination of this Contract, the Contractor shall not incur any new obligations after the effective date of the termination and shall cancel as many outstanding obligations as possible. The above remedies are in addition to any other remedies provided by law or the terms of this contract. Notwithstanding any other provisions of this paragraph, this Contract may be immediately terminated without any opportunity to cure, if any of the following events occurs: i. Contractor becomes insolvent or liquidation or dissolution or a sale of the Contractor's assets begins. ii. Contractor or any subcontractor violates or fails to comply with any applicable provision of Federal or State law or regulation. iii. Contractor or any subcontractor knowingly provides fraudulent, misleading or misrepresentative information to any consumer/customer/client of the Council or to the Council. iv. Contractor has exhibited an inability to meet its financial or service obligations under this contract. v. A voluntary or involuntary bankruptcy petition is filed by or against the Contactor under the U.S. Bankruptcy Code or any similar petition under any state insolvency law. vi. An assignment is made by the Contractor for the benefit of creditors. vii. A proceeding for the appointment of a receiver, custodian, trustee, or similar agent is initiated with respect to the Contractor. viii. The Council deems that such termination is necessary if the Contractor or any subcontractor fails to protect or potentially threatens the health or safety of any consumer/customer/client and/or to prevent or protect against fraud or otherwise protect the State of Georgia's personnel, consumers/customers/clients, facilities or services. ix. Contractor is debarred or suspended from performing services on any public contracts and/or subject to exclusion from participation in the Medicaid or Medicare programs. 1-5 c. Penalties for Contract Noncompliance A Contractor who does not comply with the requirements of Q.C.G.A. §§ 19-7-5, 50-18-71, and 50- 18-72; and/or this contract may be required to repay all such funds pursuant to this Contract to the Council. Failure to comply with these requirements could be cause for the Council to suspend payments, terminate the contract, and/or require a refund of all monies received by the Contractor from the contract. d. Cooperation in Transition of Services The Contractor agrees upon termination of this Contract, in whole or in part, for any reason will cooperate as requested by the Council to effectuate the smooth and reasonable transition of the care and services for consumers/customers/ clients as directed by the Council. This will include but not be limited to the transfer of the consumer/customer/client records, personal belongings, and funds of all consumer/customer/clients as directed by the Council. Contractor further agrees that should it go out of business and/or cease to operate, all original records of consumers/customers/clients served pursuant to the contract shall be transferred by the Contractor to the Council immediately and shall become the property of the Council. 15. Modifications and Changes The Contractor may request changes to this Contract by submitting a written request to the Council no less than thirty (30) days before the proposed change(s) would be implemented. Approved changes will be incorporated into this Contract. 16. No Third Party Beneficiaries No provision of this Contract is intended to or shall confer any rights, benefits, remedies, obligations or liabilities upon any person or entity other than the parties hereto and their respective successors and permitted assigns. 17. Hold Harmless Contractor agrees to indemnify and hold harmless the State of Georgia and its divisions, departments, agencies and instrumentalities of all branches of government of the State (including the State Tort Claims Trust fund and any other insurance or self-insurance funds of the State), and all of their officers, directors, members, employees, staff, volunteers, agents and other representatives (hereinafter collectively referred to as the "Indemnitees") from and against any and all, and will pay to the Indemnitees the amount of any and all, claims, demands, liabilities, losses, costs, damages (including incidental and consequential damages and double and treble damages) penalties, fines, expenses, or other liabilities (including costs of investigations and defense, court costs, costs of settlement and attorneys' fees) or diminution of value, whether or not involving a third -party claim (collectively, "Damages"), arising, directly or indirectly, out of, with respect to, or in connection with this Contract. 18. Consultant/Study Contract A. Contractor agrees not to release any information, finding, research, reports, recommendations, or other material developed or utilized during or as a result of this contract until such time as the information has been provided to the Council, appropriately presented to the Board of the Georgia Council on Developmental Disabilities, and made a matter of public record. 3. Contractor further agrees that any research, study, review, or analysis of the consumers/customers/clients served under this contract by any outside individual or organization must be conducted in conformance with the Department's Policy 7901, Protection of Human Subjects_ C. All products developed/collected including raw data, databases, including code specifications, shall be the property of the Council and may be subject to review and validation by the Council prior to completion of study. 19. Assignment The Contractor shall not transfer or assign all or any of its right, title or interest in this Contract or delegate any of the Contractor's duties or obligations, without the express written approval of the Council. The 1-6 Council may transfer or assign all or any of its right, title or interest in this Contract to another entity of state government as may be authorized to carry out the Council's functions. 20. Non -Waiver No failure of the Council to exercise any right or power given to it under this contract, or to insist upon strict compliance by the Contractor with the provisions of this Contract, and no custom or practice of the Council or the Contractor at variance with the terms and conditions of this Contract, shall constitute a waiver of the Council's right to demand exact and strict compliance with the terms and conditions of this Contract. 21. Continuity Each of the provisions of this contract shall be binding upon and inure to the benefit and detriment of the parties and their successors and assigns. 22. Date for Performance If the time period by which any right, option or election provided under this Contract must be exercised, or by which any act required hereunder must be performed expires on a Saturday, Sunday or legal holiday, then such time period shall be automatically extended through the close of business on the next regularly scheduled business day. 23. Contract Agreement This Contract and other supporting documents provided contain the entire agreement between the parties with respect to the subject matter of the contract and supersedes all prior agreements, discussions and understandings, both oral and written. If you have any questions, contact the Georgia Council on Developmental Disabilities for clarification. 24, Applicable Law Both parties agree this Contract shall be governed by and construed in accordance with the law of the State of Georgia. Both parties agree that any action relating to this contract must be brought exclusively in the Superior Court of Fulton County, Georgia, and each party hereto hereby consents to the jurisdiction and venue of such court and the appropriate appellate courts. 25. Notices All notices, demands or requests required or permitted to be given pursuant to this Contract shall be in writing and given or served either in person or by United States Mail, postpaid, registered or certified with return receipt requested, showing the name of the recipient and the date of delivery. Notices shall be addressed to the party or parties identified and at the address as set forth in the introductory paragraph of this Contract, and the date upon which such notice is delivered shall be deemed the effective date thereof. Either party may, from time to time, by five (5) days prior written notice to the other party, specify a different agent or address to which notices can be delivered, Rejection or other refusal to accept a notice or inability to deliver a notice because of a changed agent or address of which no notice was given shall constitute receipt of the notice on the date when personal service is attempted or the date of the postmark, if mailed. 26. Severability If any provision hereof or part thereof is unenforceable or is held to be unenforceable, such provision or part thereof shalt be fully severable, and this Agreement and its terms shall be construed and enforced as if such unenforceable provision had never comprised a part hereof. Under such circumstances, the remaining provisions hereof shall remain in full force and effect. 27. Advice of Counsel This paragraph certifies that both parties have had the opportunity to consult with an attorney prior to signing this agreement. 1-7 28. Department and Contractor Contact Information: The mailing addresses, telephone numbers, and contact persons listed below for the Council and Contractor may be changed during the term of this contract by written notification to the other party by the Department's division or office representatives or by the Contractor. Georgia Council on Developmental Disabilities Georgia Council on Developmental Disabilities Attn: Caitlin Childs 2 Peachtree Street, NW, Suite 26-246 Atlanta, Georgia 30303 Telephone. 404-657-2125 Fax: 404-657-2132 E-mail; cpchilds dhr.state.ga.us b. Contractor's Mailing Address and Contact Information City of Milton Attn: Christopher Lagerbloom, City Manager 13000 Deerfield Parkway, Suite 107A Milton, Georgia 30004 Telephone: 678-242-2488 Fax: 678-242-2499 E-mail: Chris.lazerbloom@cityofmiltonga.us c. The Contractor's Mailing Address for Reimbursement Checks is: same as above d. Contract Service Delivery Site: If clients are to be served or training is to be conducted at one site -only, list site name and address. More than One Contract Service Delivery Site: _X_ of sites; Delivery site will be City of Milton 1-8 SIGNATURES TO CONTRACT BETWEEN THE GEORGIA COUNCIL ON DEVELOPMENTAL DISABILITIES And CITY OF MILTON IN WITNESS WHEREOF, the parties have hereunto affixed their signatures on the dates indicated. The Contractor certifies by signature hereon that the named corporation is registered with the Georgia Secretary of State to do business in the State of Georgia and that all required reports have been filed with that office, so as to ensure that the corporation is in good standing with the Georgia Secretary of State. For The Contractor: Signature of Person Authorized to Enter Into Contracts Name Title Date SEAL: Imprint Seal of the Corporation Here For The Georgia Council on Developmental Disabilities: Eric E. Jacobson Date 1-9 Grant Aunlication Forms ■ Project Data Sheet ■ Project Outline • Project Work Plan • Project Budget Plan PROJECT DATA SHEET 1. Applicant Information Pro ect Number: (Assigned by Council) 11.RIL5 Project Name (55 characters): Real Communities Milton Organization Name: City of Milton Organization Website: www.cityofmiltonga.us Organization Address: 13000 Deerfield Parkway, Suite 107A Organization City/State: Milton, GA Organization Zip Code: 30004 Taxpayer ID Number: 51-0608862 Project Period: (Month IDaylYear) Start Date 2/15/2011 1 End Date 2/14/2012 Council Member: (Assigned by Council) Council Staff: (Assigned by Council) Caitlin Childs 2. Project Information (Choices are: Non-profit, School District, County, Government Corporation, Tribal Government, For-profit, City 1 Town, State, Special or Regional Authority, State P & A Agency, University Center, or Other) Type of Applicant: I city/Towni Type of Project: (Assigned by Council) 3. Project Funding Formula TOTAL PROJECT COSTS COUNCIL FUNDS APPLICANT MATCHING FUNDS $24,248.75 Amount. $19,399.00 Amount: $4,849.75 Fax: Percentage: 80.00% Percentage: 20.00% Grant Type (Poverty or Non-Poverty)[Non-Poverty AreaF 4. Contact Information: Name of Project Director: Christopher Lagerbloom Title: City Manager Telephone: (678) 242-2488 Fax: 678) 242-2499 Email: chris.tagerbloom@cltyofiniltonua.us ❑Check if Same as Project Director Name of Financial Officer: Stacey Inglis Title: Finance Director Telephone: (678) 242-2508 Fax: (678) 242-2499 Email: I stacey.inglis@cityofmiltonga.us 5. Signatory Authority: ® Check if same as Project Director Name of Organization Director: Christopher La erbloom Title: City Manager Telephone: (678) 242-2488 Fax: (678) 242-2499 Email: I chris.tagerbloom@cityofinittonga.us Date: Project Data Sheet Form Release 2.7 Page 1 of 1 PROJECT OUTLINE 1 General Information Project Number: (Assigned by Council} I I LRIL5 2 Questions Please note the character limits when responding to the questions below. 1. Provide a one paragraph abstract that clearly states the goal and major activities of the proposed project and the impact it will have on people with developmental disabilities. (limited to 2,500 characters, including spaces) The City of Milton as participants in the GCDD's Real Communities Initiative will support the development of a citizen -based organization in the city to work to make Milton more welcoming and inclusive of all who reside there. A Milton resident will be selected to serve as a part-time Community Builder and will receive a stipend to build and support this citizen group. Additionally, the City of Milton will pilot a mini -grant program that will be open to groups of Milton citizens to propose and carry out projects in the city that build relationships, involve diverse groups of citizens, and improve life in the community. People with developmental disabilties will be involved as active participants in the activities of the citizen -based group, as well as the mini -grant program. 2. Describe your organization's qualifications to implement the proposed project. (limited to 2,500 characters, including spaces) The City of Milton was formed in late 2006, and has been dedicated to the full inclusion of people with disabilties since it's inception. Much of this work has been done through the Milton Disability Awareness Committee, which is an official committee of the City Council. Additonally, the City of Milton has been working closely with the GCDD for the past year as part of the Real Communities Initiative. 3. Provide a detailed narrative about the proposed project, including specific information on the methodology to be used and an overview of project activities. (limited to 10,000 characters, including spaces) The City of Milton will provide a local resident with a monthly stipend for 12 months to build the Milton citizen group. This individual will build a core leadership group of residents and support therm to discover areas for collective action to improve the lives of all who live in Milton. The Community Builder will also put together a committee of Milton residents to oversee a pilot of a Mini -Grant program that the City will administer. This committee (overseen by the Community Builder) will create an application and guideline process, take part in outreach to make Milton residents aware of the program„ and will then select recipients of the mini -grants. The purpose of mini -grants is to provide neighborhood groups and residents with resources to create community -driven projects that enhance and strengthen local community life, build avenues towards civic engagement and create avenues for the full participation of all residents, specifically those typically left out of community life. All projects are initiated, planned and implemented by local residents. Mini -grants support neighborhood improvements, promote neighborhood associations and fund projects that bring community members together and create Project Outline Form Release 2.0 Page 1 of 2 avenues for inclusion. Engaged and connected residents are the greatest asset in any given community. By allowing residents to actively engage in improving their communities and making thetas more welcoming for everyone, we see great things emerge and a new relationship develop between residents and local government. Grants up to $500.00 would be available for a group of three or more local residents who come together and submit a proposal to do something to improve community life or promote civic engagement. The money awarded must be used to pay for supplies needed to implement the proposed project, and is not intended to be used for compensating people for their time. It is expected that all applicants for the mini -grants program in conjunction with the GCDD will be intentional about finding ways to include residents typically left out of community life, specifically those with developmental disabilities as active participants. 4. What are the major expected accomplishments of the project, and how will successful completion of the project impact people with developmental disabilities? (limited to 5,000 characters, including spaces) We expect residents of Milton to be better connected to eachother and that residents will take on a variety of projects and organizing activities that will improve the life of those who live there. Via the mini -grant program, residents will become more actively engaged in their community, more connected via relationships, and more civically engaged. One of the major goals of Real Communities is to find ways to build bridges out of the boundaries of disability so that a wider network benefit from the energy and gifts of people with developmental disabilities and in return, people with developmental disabilities and their families have a larger network of natural and community supports. Project Outline Form Release 2.0 Page 2 of 2 PROJECT WORK PLAN 1. Project Information Project Number: (Assigned by Council) I LR1L5 Project Name (55 characters): Real Communities Milton Goal of the Project: (200 To make Milton a more welcoming and inclusive community character limit) for all who live there, specfcally people with developmental Timelines disabilities Federal Area of Emphasis: ommunit Support (Choose ram menu) Collaborators: (Select all that State Protection & Advocacy System El apply.) University Affiliated Program(s) ❑ Others (Separate with commas- Maximum 7); City of Milton, Milton Disability Awareness Committee Primary Type of Project Activity: Coalition Development and Citizen Participati Other- (If Other, please sped, but do not add (ff 'Other' is selected, please use the Tab kev to move into the more than one activity.) box below.) 2.Objectives Objective Number 1 Objective Name Build Real Communities Citizen Group Activities Letter A Activities (Describe all activities for this objective) Provide local Community Builder with a monthly stipend to support citizen group Timelines February 2011 -February 2012 _App licant Staff City of Milton Performance Measures for this Objective: Performance Measure Expected Number Individuals w/DD Expected Number Expected Number Del Family Members Other Activity Description Hold one to one coversations with Milton residents about what they care about enough to act collectively on + Add Next Performance Measure February 2011 -February 2012 Activity Letter B Activity Description Hold one to one coversations with Milton residents about what they care about enough to act collectively on Timeline February 2011 -February 2012 Staff Ann Coggins Add as many perfomaance measures to this activity as apply. Performance Measure Expected Number Expected Number Expected Number Individuals wIDD Family Members Other Del + I Add another performance measure Project Work Plan Form Release 3.4 Page 1 of 5 Activity Letter C Activity Description Gather group of residents to carry out Real Communities project in Milton Timeline February 2011 -February 2012 Staff Arai Coggins Add as many performance measures to this activity as apply_ Performance Measure Expected Number Expected Number Expected Number Del February 2011 - February 2012 Individuals wIDD Family Members Other CS 04 People facilitated formal/informal 10 community supports QA 10 Number of entities participating in 2 3 [-] partnerships or coalitions created or sustained as a result of Council efforts + ] Add another performance measure Activity Letter D Activity Description Organize ABCD Training in Milton for members of citizen group Timeline February 2011 - February 2012 Staff Ann Coggins and Caitlin Childs Add as many performance measures to this activity as apply. Performance Measure Expected Number Expected Number Expected Number Del Individuals wIDD Family Members Other CS 05 People trained in formal/informal 20 cornmunity Supports QA 08 People trained in leadership, self- 2 [-] advocacy, and self-determination + ] Add another performance measure Include additional Activities for this Objective if needed by Double Clicking [ + ] Add next activity Project Work Plan Form Release 3.4 Page 2 of 5 Objective 2 Objective Number 2 Objective Name Pilot City of Milton Mini -Grants Program Add as manv activities to this obiective as aDnIv- Activity Letter A Activity Name Select a diverse committee of Milton residents to oversee mini -grant program Timeline FebrLmy 2011 - April 2011 Staff Ann Coggins Add as many performance measures to this activity as apply. Performance Measure Expected Number Expected Number Expected Number Del Individuals w/DD Family Members Other [ + ] Add another performance measure (Double Click Button to add additional performance measure) Activity Letter B Activity Description Mini -grant committee creates criteria and a lication materials for mini -grants Timeline Aril 2011 - June 2011 Staff Anna Coggins Add as many performance measures to this activity as apply. Performance Measure Expected Number Expected Number Expected Number Del Individuals w/DD Family Members Other [ + ] Add another performance measure Activity Letter C Activity Description Carry out outreach to Milton residents about mini -grant program and explain a lication process Timeline June 2011 -February 2012 Staff Ann Coggins Add as many performance measures to this activity as apply. Performance Measure Expected Number Individuals w/DD Expected Number Expected Number Del Family Members Other Reconvene mini -grant committee to review applications and select mini -grant recepients Timeline July 2011 - February 2012 [ + ] Add another performance measure Ann Coggins Activity Letter D Activity Description Reconvene mini -grant committee to review applications and select mini -grant recepients Timeline July 2011 - February 2012 Staff Ann Coggins Add as many performance measures to this activity as apply. Project Work Plan Form Release 3.4 Page 3 of 5 Performance Measure Expected Number Individuals wIDD Expected Number Expected Number Del Family Members Other Activity Description Mini -grant projects are implemented in Milton + I Add another performance measure July 2011 -February 2012 Activity Letter E Activity Description Mini -grant projects are implemented in Milton Timeline July 2011 -February 2012 Staff Ann Co gins Add as many performance measures to this activity as apply. Performance Measure Expected Number Expected Number Expected Number Del July 2011 - February 2012 Individuals wIDD Family Members Other CS 01 Individuals receive fon-nal/informal 2 community supports CS 02 Dollars leveraged for 1000 [-] formal/informal community supports CS 03 Programs/policies created/improved 5 [-] formal/informal community supports CS 04 People facilitated fon-nal/informal 5 [-] community supports [ + ] Add another performance measure Activity Letter F Activity Description Collect stories of successful mini -grant ro ects to document the program Timeline July 2011 - February 2012 Staff Ann Coggins Add as many performance measures to this activity as apply. Performance Measure Expected Number Individuals wIDD Expected Number Family Members Expected Number Other Del CR 03 Members of the general public 50 estimated to have been reached by Council public education, awareness and media initiatives Add another performance measure [ + ] Add another activity Project Work Plan Form Release 3.4 Page 4 of 5 Objective 3 Objective Number 3 Objective Name Family Support Add as many activities to this objective as apply. Activity Letter A Activity Name Work with Real Communities staff to Del identify families to provide with formal Individuals wfDD and informal supports related to Real Other Communities Project Timeline October 1, 2011 - February 2012 Staff Ann Coggins and Caitlin Childs Add as many performance measures to this activity as apply. Performance Measure Expected Number Expected Number Expected Number Del October 1, 2011 -February 2012 Individuals wfDD Family Members Other CS 01 Individuals receive formal/informal 2 community supports CS 03 Programs/policies created/improved 2 [-] fom-tallinformal community supports [ + ] Add another performance measure {Double Click Button to add additional performance measure} Activity Letter B Activity Description Arrange for person centered planning for families receiving formal support Timeline October 1, 2011 -February 2012 Staff Ann Coggins and Caitlin Childs Add as many performance measures to this activity as apply. Performance Measure Expected Number Expected Number Expected Number Del October 1, 2011 - February 2012 Individuals wIDD Family Members Other QA 08 People trained in leadership, self- 2 advocacy, and self-determination [ + ] Add another performance measure Activity Letter C Activity Description Collect data and documentation on formal and informal family support Timeline October 1, 2011 - February 2012 Staff Ann Coggins and Caitlin Childs Add as many performance measures to this activity as apply. Performance Measure Expected Number Individuals wIDD Expected Number Expected Number Del Family Members Other [ + ] Add another performance measure [ + ] Add another activity Include additional Objectives as apply by Double Clicking [ + ] Add objective Project Work Plan Form Release 3.4 Page 5 of 5 ro' n_ oa c CL n ro rtv T O rD ro 0) N rD R7 00 CL (D C] r -r O O CD CL w cnCG fG n cn cz 0 ro a. 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Following are samples of these reports and Attachment # 1, Performance Targets. nn�o00cc o z � � � r?» q cn rn •`n fi CIO w C w C� tj d fD n ❑ ❑ CD CD � Z � C CD y 56 0 ccn ©0 0 0 0 0 0 G Q Q �—• n a O Q O O C C 000 .� C m CDw n U 0 n ❑ CD CD 56 ccn c C CDw 0 n n CD w "D e c as n ❑ x CD CD m N cc m o � o w rh o � ❑ � ❑ m o m CD C CD CD n r � n K � 0 � y y d n I �v b n p b n p IV -� g. Q 8. Q �. 0 0 o v v o 0 cn [n rn v, w w m 'TJ 'zi TJ TJ 'ri `" V+ CA V! VL /A V7 V1 n e h n n n n va o4 v4 u4 � vc va ITJ In Q Q p- 0 f�7 er'-r N 00 *. d ,o T q 70 CD CD v rn N 00 E O o 000C -ti � N Y Y � a n¢�Q .� cCL N b A b CD a T 0 ro ro m Ln ro ti 00 *: 4t ATTACHMENT #I PERFORMANCE TARGETS EMPLOYMENT People get and keep employment consistent with their interests, abilities and needs. EMOI Adults have jobs of their choice through Council efforts Em02 Dollars leveraged for employment programs EM03 Employers provided vocational supports to students on the job EM04 Businesses/employers employed adults EM05 Employment programs/policies created/improved EM06 People facilitated employment EM07 People trained in employment ED08 Other EDUCATION Students reach their educational potential and infants and young children reach their developmental potential EDO1 Students have the education and support they need to reach their educational goals through Council efforts ED02 Infants and young children have the services/supports needed to reach developmental goals through Council efforts ED03 Students transitioned from school to community and jobs ED04 Children transitioned from early intervention and pre-school to inclusive classrooms/schools ED05 Dollars leveraged for education ED06 Education programs/policies created/improved ED07 Post -secondary institutions improved inclusive education ED08 Schools improved IEP practices ED09 People facilitated inclusive education ED 10 People trained in inclusive education EDI 1 Parents trained regarding their child's educational rights ED 12 Other HOUSING Adults choose where and with whom they live HO01 Individuals have homes of their choice through Council efforts 1-1002 People moved from congregate settings to homes in the community H003 Dollars leveraged for housing H004 Banks make mortgage funds available to enable people to own their own homes H005 Housing programs/policies created/improved 14006 Units of affordable, accessible housing made available H007 People facilitated home ownership/rental 14008 People trained in housing H009 Other HEALTH People are healthy and benefit from the full range of needed health services HE41 People have needed health services through Council efforts HE02 Dollars leveraged for health services HE03 Health services programslpolicies createdlimproved HE04 People improved health services HE05 People trained in health care services HE06 Other CHILD CARE Children & families benefit from a range of inclusive, flexible child care options ATTACHMENT 41 CHO1 Children in inclusive child care settings through Council efforts CH02 Dollars leveraged for child care programs CH03 Child care Programs/policies created/improved CH04 People facilitated inclusive child care CH05 People trained in child care CH06 Other RECREATION People benefit from inclusive recreational, leisure and social activities consistent with their interests and abilities. RE01 People active in recreational activities through Council efforts RE02 Dollars leveraged for recreation programs RE03 Recreation Programs/policies created/improved RE04 People facilitated recreation RE05 People trained in recreation RE06 Other TRANSPORTATION People have transportation services for work, school, medical, and personal needs TROI People have transportation services for work, school, medical, and personal needs. TR02 Dollars leveraged for transportation programs TR03 Transportation programslpalicies created/improved TRO4 People facilitated transportation TR05 People trained in transportation TR06 Other QUALITY ASSURANCE People have the information, skills, opportunities and supports to live free of abuse, neglect, financial and sexual exploitation, and violations of their human and legal rights. QAO1 People benefiting from quality assurance efforts of the Council QA02 Dollars leveraged for quality assurance programs QA03 Quality assurance programs/policies created/improved 1QA04 People facilitated quality assurance QA05 People trained in quality assurance QA06 People active in systems advocacy about quality assurance Self -advocates Family members Others QA07 People trained in systems advocacy about quality assurance Self -advocates Family members Others QA08 People trained in leadership, self -advocacy, and self-determination. QA09 People attained membership on public and private bodies and other leadership coalitions. QA 10 Number of entities participating in partnerships or coalitions created or sustained as a result of Council efforts. QA l 1 Other FORMAL AND INFORMAL COMMUNITY SUPPORTS --- Individuals have access to other services available or offered in a community, including formal and informal community supports that affect their quality of life. CS01 Individuals receive formal/informal community supports CS02 Dollars leveraged for formal/informal community supports ATTACHMENT #1 CS03 Formal/informal community supports programs/policies created/improved CS04 People facilitated formal/informal community supports CS05 People trained in formal/informal community supports CS06 Buildings/public accommodations became accessible CS07 Other CROSS CUTTING CC4i Public policymakers educated by Council about issues related. to Council initiatives CCQ2 Copies of products distributed to policymakers about issues related to Council initiatives CC03 Members of the general public estimated to have been reached by Council public education, awareness and media initiative& ATTACHMENT #2 CONSUMER SATISFACTION SURVEY The Federal Developmental Disabilities Act of 2000 requires all Developmental Disabilities Councils to report on customer satisfaction with Council -supported activities. The information that you are providing in this survey will be incorporated into an annual report that is submitted to the Administration on Developmental Disabilities. We value your appraisal of this activity. Your reply is important. Please complete the information below and return it to the Provider or mail it to: The Georgia Council on Developmental Disabilities 2 Peachtree St NW Suite 26-246, Atlanta, GA 30303. Activity: Check the category that best describes you: Individual with a disability Family Member Public policy maker Representative of: Public Agency Private Agency Member of a Community Organization or Association Name of city where you live: Please check the box that best reflects your opinion of this activity, I. Consumer Satisfaction with Council Sunnorted Activities Statement Somewhat Very Satisfied Satisfied Not Satisfied For this project activity, I (or a family member) am Somewhat = II. Consumer Satisfaction with Council Activities Statement Yes No Respect: I (or my family member) was treated with respect during project Somewhat = activity. Statement Agree Choice: I (or my family member) have more choice and control as a result Agree Disagree o£ r ject activity. Disagree Satisfied: I am satisfied with project Community: I (or my family member) can do more things in my community as a result of this project. Rights: Because of this project activity, I (or my family member) know my rights. Safety: I (or my family member) am more able to be safe and protect Better Life: My life is better because of myself from harm as a result of this activity. Strongly Somewhat Somewhat Strongly Statement Agree Agree Agree Disagree Disagree Disagree Satisfied: I am satisfied with project activity. Better Life: My life is better because of project activity, Council activities have improved the ability of individuals with developmental disabilities >To make choices and exert control over the services and support they use; and > To participate in community life. Council activities promote self- determination and community participation for individuals with developmental disabilities Attachment #3 Employment Policies The contractor agrees to abide by the following Employment Policies as referenced in the Contract paragraph E (7), page 1-3. Criminal Records Investigation of Employees The Contractor must conduct a criminal record history investigation which must include a fingerprint record check pursuant to O.C.G.A. §49-2-14. This investigation must be completed by the Contractor before employing any person who will have direct care, treatment, and/or custodial responsibilities for services rendered under this contract. Contractor agrees to contact the council prior to hiring any applicable employee in order to receive the forms necessary for the investigation. The contractor agrees to obtain the required information (which will include two proper sets of fingerprints on each applicant) and transmit said fingerprints directly to the Georgia Crime Information Center, together with the required fee. After receiving the information from the Georgia Crime Information Center or any other appropriate source, the Council will review any derogatory information and, if the crime is one prohibited by duly published criteria within the Council, the Contractor will be informed, and the individual so identified will not be employed for the purpose of providing services under this contract. Nondiscrimination Policies Nondiscrimination in Employment Practices: The Contractor agrees to comply with federal and state laws, rules and regulations and the Council's policy relative to nondiscrimination in employment practices because of political affiliation, religious creed, race, color, sex, disability, being between 40 and 70 years of age, veteran status, sexual preference or national origin. Nondiscrimination in employment practices is applicable to employees and applicants for employment, and applies to promotions, demotions, dismissals and other elements affecting employment/employees. Nondiscrimination in Participant and Participant Service Practices: The Contractor agrees to comply with federal and state laws, rules and regulations and the Council's policy relative to nondiscrimination in participant and participant service practices because of political affiliation, religious creed, race, color, sex, disability, being between 40 and 70 year of age, veteran status, sexual preference or national origin. No individual shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination under the Program. Nondiscrimination by Subcontractors: The Contractor agrees to require any subcontractor performing services funded through this contract to comply with all provision of the federal and state laws, rules, regulations and policies described in this section. Compliance With Applicable Provision of The Americans With Disabilities Act The Contractor agrees to comply with all applicable provisions of the Americans with Disabilities Act (ADA) and any relevant federal and state laws, rules and regulations regarding employment practices toward individuals with disabilities and the availability/accessibility of facilities, programs, activities, for individuals with disabilities. Drug -Free Work Place If Contractor is an individual, he or she hereby certifies that he or she will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of this contract. If Contractor is an entity other than an individual, it hereby certified that it will comply with the Drug Free Workplace Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 et sect.) and that: a. A drug-free workplace will be provided for the Contractor's employees during the performance of this contract; and b. It will secure from any subcontractor hired to work in a drug-free workplace the following written certification: As part of the subcontracting agreement with (Contractor's Name), (Subcontractor's Name), certifies to the Contractor that a drug- free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to paragraph 7 of subsection B of Code Section 50-24-3. Nonsmoking Policy for Children's Services The Contractor agrees to comply with Public Law 103-227, also known as the Pro -Children Act of 1994, which requires that smoking not be permitted in any portion of any indoor facility owned or leased by the Contractor and used routinely or regularly for the provision of health care, day care, early childhood development services, education or library services to children under the age of 18. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty up to $1,000.00 for each violation and/or the imposition of an administrative compliance order on the Contractor. Annex A — Immigration and Security Form The Contractor agrees, throughout the performance of this contract, it will remain in full compliance with all Federal and State Immigration Laws, including but not limited to: 8 U.S.C. § i 1324(a) and Act 457 of the 2006 Session of the Georgia General Assembly (Georgia Security and Immigration Compliance Act, effective July 1, 2007) regarding the unlawful employment of unauthorized aliens and verification of lawful presence in the United States. Contractor will ensure that only persons who are citizens, United States nationals, or non -citizens authorized under Federal Imrnigration Laws are employed to perform services under this contract or any subcontract hereunder. (Titles 13, 16, 35, 42, 43, 48 and 50 of the Official Code of Georgia Annotated, enacted effective July 1, 2007). Contractor further certifies by signing Annex A (Immigration and Security Form), it will comply with the Immigration Reform and Control Act of 1986 (IBCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act O.C.G.A. 13-10-90 et.sea., Contractor further agrees to include the provisions contained in the forgoing paragraph in each subcontract for services hereunder. Contractor shall not retaliate against or take any adverse action against any employee or any subcontractor for reporting, or attempting to report a violation9s) regarding applicable immigration laws. ANNEX A IMMIGRATION AND SECURITY FORM SB529 (The Ga Security and Immigration and Compliance Act) requires contractors to file an affidavit that the contractor and its subcontractors have registered and participate in a federal work authorization program intended to insure that only lawful citizens or lawful immigrants are employed by the contractor or subcontractor. This requirement of SB529 is a phased -in affidavit filing requirement based on the size of the contractor. Contractors with 500 or more employees are required to file an affidavit of compliance beginning 711107. However, because the requirement is set forth in OCGA 13-10-91 which is a part of Chapter 10 of Title 13 governing public works contracts, the affidavit filing requirements of SB529 therefore only apply to public works contracts. A. In order to insure compliance with the Immigration Reform and Control Act of 1986 (IBCA), D.L. 99-643 and the Georgia Security and Immigration Compliance Act OCGA 13-10-90 et-seq., Contractor must initial one of the sections below: Contractor has 500 or more employees and Contractor warrants that Contractor has complied with the Immigration Reform and Control Act of 1986 (IBCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act by registering at httns://www,vis-dhs.conVEmnloverRe2istmtion and verifying information of all new employees; and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300- I0-1-.01 et.seq. Contractor has 100499 employees and Contractor warrants that no later than July 1, 2008, Contractor will register at https://www.vis-dhs.com/EmploverRegistration to verify information of all new employees in order to comply with the Immigration Reform and Control Act of 1986 (IBCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act; and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01 e_t.M. Contractor has 99 or fewer employees and Contractor warrants that no later than July 1, 2009, Contractor will register at https://www.vis-dhs.com/EipployerRegistration to verify information of all new employees in order to comply with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act; and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01 et.sea. B. Contractor warrants that Contractor has included a similar provision in all written agreements with any subcontractors engaged to perform services under this Contract. Signature Firm Name: StreetlMailing Address: City, State, Zip Code: Telephone Number: Email Address: Title Privacy Policies — HIPAA Annex B — Compliance with Health Insurance Portability and accountability Act (HIPAA) It is understood and agreed that the Department is a "covered entity" as defined by HIPAA of 1996 and the federal "Standards for Privacy of Individually Identifiable Health Information" promulgated thereunder at 45 CFR Parts 160 and 164. Further, it is agreed that as a business associate of the Department that its use or disclosure of any person's protected health information received from or on behalf of the Department will be governed by the Business Associate Agreement, attached hereto as Annex B, which the Contractor agrees to by signing this contract. Such Business Associate Agreement is executed and is effective simultaneously with this contract/amendment. However, the Business Associate Agreement will survive this contract/amendment pursuant to Section 4.3 d of the Business Associate Agreement. 45 CFR Part 74; as used in this contract, the word Contractor is synonymous with the work Subgrantee as used in this Code of Federal Regulations. ANNEX B HIPAA BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement (hereinafter referred to as "Agreement"), effective this 15th day of February, 2011 is made and entered into by and between the Georgia Council on Developmental Disabilities (hereinafter referred to as "GCDD" ) and City of Milton (hereinafter referred to as "Contractor" ) as Annex B to Contract No. TBA between GCDD and Contractor dated February 15, 2011 ("Contract"). WHEREAS, GCDD is required by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 ("HIPAA" ), to enter into a Business Associate Agreement with certain entities that provide functions, activities, or services involving the use of Protected Health Information ("PHI"); WHEREAS, Contractor, under Contract No. TBA (hereinafter referred to as "Contract"), may provide functions, activities, or services involving the use of PHI; NOW, THEREFORE, for and in consideration of the mutual promises, covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GCDD and Contractor (each individually a "Party" and collectively the "Parties") hereby agree as follows: 1. Terms used but not otherwise defined in this Agreement shall have the same meaning as those terms in the Privacy Rule and the Security Rule, published as the Standards for Privacy and Security of Individually Identifiable Health Information in 45 C.F.R. Parts 160 and 164 ("Privacy Rule" and "Security Rule"). 2. Except as limited in this Agreement, Contractor may use or disclose PHI only to extent necessary to meet its responsibilities as set forth in the Contract provided that such use or disclosure would not violate the Privacy Rule or the Security Rule, if done by GCDD. 3. Unless otherwise Provided by Law, Contractor agrees that it will: A. Not request, create, receive, use or disclose PHI other than as permitted or required by this Agreement, the Contract, or as required by law. S. Establish, maintain and use appropriate safeguards to prevent use or disclosure of the PHI other than as provided for by this Agreement or the Contract. C. Implement and use administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the electronic protected health information that it creates, receives, maintains, or transmits on behalf of GCDD. D. Mitigate, to the extent practicable, any harmful effect that may be known to Contractor from a use or disclosure of PHI by Contractor in violation of the requirements of this Agreement, the Contract or applicable regulations. E. Ensure that its agents or subcontractors are subject to at least the same obligations that apply to Contractor under this Agreement and ensure that its agents or subcontractors comply with the conditions, restrictions, prohibitions and other limitations regarding the request for, creation, receipt, use or disclosure of PHI, that are applicable to Contractor under this Agreement and the Contract. F. Ensure that its agents and subcontractors, to whom it provides protected health information, agree to implement reasonable and appropriate safeguards to protect the information. G. Report to GCDD any use or disclosure of PHI that is not provided for by this Agreement or the Contract and to report to GCDD any security incident of which it becomes aware. Contractor agrees to make such report to GCDD in writing in such form as GCDD may require within three (3) business days after Contractor becomes aware of the unauthorized use or disclosure or of the security incident. ANNEX B H. Make any amendment(s) to PHI in a Designated Record Set that GCDD directs or agrees to pursuant to 45 CFR 164.526 at the request of GCDD or an Individual, within five (5) business days after request of GCDD or of the Individual. Contractor also agrees to provide GCDD with written confirmation of the amendment in such format and within such time as GCDD may require. I. Provide access to PHI in a Designated Record Set, to GCDD upon request, within five (5) business days after such request, or, as directed by GCDD, to an Individual. Contractor also agrees to provide GCDD with written confirmation that access has been granted in such format and within such time as GCDD may require. J. Give the Secretary of the U.S. Department of Health and Human Services (the "Secretary") or the Secretary's designees access to Contractor's books and records and policies, practices or procedures relating to the use and disclosure of PHI for or on behalf of GCDD within five (5) business days after the Secretary or the Secretary's designees request such access or otherwise as the Secretary or the Secretary's designees may require. Contractor also agrees to make such information available for review, inspection and copying by the Secretary or the Secretary's designees during normal business hours at the location or locations where such information is maintained or to otherwise provide such information to the Secretary or the Secretary's designees in such form, format or manner as the Secretary or the Secretary's designees may require. K. Document all disclosures of PHI and information related to such disclosures as would be required for GCDD to respond to a request by an Individual or by the Secretary for an accounting of disclosures of PHI in accordance with 45 C.F.R. § 164.528. L. Provide to GCDD or to an Individual, information collected in accordance with Section 3. K. of this Agreement, above, to permit GCDD to respond to a request by an Individual for an accounting of disclosures of PHI as provided in the Privacy Rule. 4. Unless otherwise Provided by Law, GCDD agrees that it will: • Notify Contractor of any new limitation in GCDD's Notice of Privacy Practices in accordance with the provisions of the Privacy Rule if, and to the extent that, GCDD determines in the exercise of its sole discretion that such limitation will affect Contractor's use or disclosure of PHI. ■ Notify Contractor of any change in, or revocation of, permission by an Individual for GCDD to use or disclose PKI to the extent that GCDD determines in the exercise of its sole discretion that such change or revocation will affect Contractor's use or disclosure of PHI. • Notify Contractor of any restriction regarding its use or disclosure of PHI that GCDD has agreed to in accordance with the Privacy Rule if, and to the extent that, GCDD determines in the exercise of its sole discretion that such restriction will affect Contractor's use or disclosure of PHI. Prior to agreeing to any changes in or revocation of permission by an Individual, or any restriction, to use or disclose PHI as referenced in subsections b. and c. above, GCDD agrees to contact Contractor to determine feasibility of compliance. GCDD agrees to assume all costs incurred by Contractor in compliance with such special requests. 5. The Term of this Agreement shall commence on the day and year first written above and shall terminate when all of the PHI provided by GCDD to Contractor, or created or received by Contractor on behalf of GCDD, is destroyed or returned to GCDD, or, if it is infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions in this Section. A. Termination for Cause. Upon GCDD's knowledge of a material breach by Contractor, GCDD shall either: ANNEX B (1) Provide an opportunity for Contractor to cure the breach within a reasonable period of time, which shall be within 30 days after receiving written notification of the breach by GCDD; (2) If Contractor fails to cure the breach, terminate the contract upon 30 days notice; or (3) If neither termination nor cure is feasible, GCDD shall report the violation to the Secretary of the Department of Health and Human Services. B. Effect of Termination. (1) Upon termination of this Agreement, for any reason, GCDD and Contractor shall determine whether return of PHI is feasible. If return of the PHI is not feasible, Contractor agrees to continue to extend the protections of Sections 3 (A) through (1) of this Agreement and applicable law to such PHI and limit further use of such PHI, except as otherwise permitted or required by this Agreement, for as long as Contractor maintains such PHI. If Contractor elects to destroy the PHI, Contractor shall notify GCDD in writing that such PHI has been destroyed and provide proof, if any exists, of said destruction. This provision shall apply also to PHI that is in the possession of subcontractors or agents of Contractor. Neither Contractor nor its agents nor subcontractors shall retain copies of the PHI. (2) Contractor agrees that it will limit its further use or disclosure of PHI only to those purposes GCDD may, in the exercise of its sole discretion, deem to be in the public interest or necessary for the protection of such PHI, and will take such additional actions as GCDD may require for the protection of patient privacy and the safeguarding, security and protection of such PHI. (3) If neither termination nor cure is feasible, GCDD shall report the violation to the Secretary. Particularly in the event of a pattern of activity or practice of Contractor that constitutes a material breach of Contractor's obligations under the Contract and this agreement, GCDD shall invoke termination procedures or report to the Secretary. (4) Section 5. B. of this Agreement, regarding the effect of termination or expiration, shall survive the termination of this Agreement. 6. Interpretation. Any ambiguity in this Agreement shall be resolved to permit GCDD to comply with applicable laws, rules and regulations, the HIPAA Privacy Rule, the HIPAA Security Rule and any rules, regulations, requirements, rulings, interpretations, procedures or other actions related thereto that are promulgated, issued or taken by or on behalf of the Secretary; provided that applicable laws, rules and regulations and the laws of the State of Georgia shall supercede the Privacy Rule if, and to the extent that, they impose additional requirements, have requirements that are more stringent than or have been interpreted to provide greater protection of patient privacy or the security or safeguarding of PHI than those of the HIPAA Privacy Rule. 7. All other terms and conditions contained in the Contract and any amendment thereto, not amended by this Agreement, shall remain in full force and effect. Signature of Authorized Certifying Official Title Recipient Organization Date Federal Forms This section comprises what has been referred to as Attachment A throughout the Contract. All of these forms must be signed by the signatory authority of the organization, and the original returned to the Council. Forms Included: Form 4: Assurances — Non -Construction Programs Form 9: Financial Interest Disclosure Form 10: Human Rights Assurances Form 11: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Form 12: Certification Regarding Lobbying for Grants, Loans, and Cooperative Agreements FORM 4: ASSURANCES - NON -CONSTRUCTION PROGRAMS Note: Some of these assurances may not be applicable to your projector program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case you will be notified. As the duly authorized representative of the grant recipient, I certify that the grant recipient: Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial; capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. Will give the awarding agency, the Comptroller General of the United States, and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728- 4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title XI of the Education Amendments of 1972, as amended (20 U, S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, relating to non-discrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to non-discrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VM of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other non- discrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (RL. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply with the provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or part with Federal funds. Will comply, as applicable, with the provisions of the Davis -bacon Act (40 U. S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § and 18 U.S.C. §§ 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally assisted construction agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of Federal actions to State (Clear Air Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of dai Lng water under the Safe Drinking Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Signature of Authorized Certifying Official Species Act of 1973, as amended, (P.L. 93- 205). 12, Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C, 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -I et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for the research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U. S.C. § §4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. Title Recipient Organization Ewe FORM 9: FINANCIAL INTEREST DISCLOSURE The grant recipient certifies under the penalties of perjury the following sets forth the names and addresses of all persons having a financial interest in this contract, not including any person whose only financial interest consists of the holding of one percent or less of the capital stock of a corporation contracting to provide services, in accordance with the provision of the General Laws, Chapter 7, Section 14 A, as inserted by Chapter 844 of the Acts of 1963: Name Address The undersigned is authorized to make these assurances on behalf of the grant recipient and assures compliance by his/her signature. Signature of Authorized Certifying Official Title Recipient Organization Date FORM 10: HUMAN RIGHTS ASSURANCES The grant recipient will comply with the policy of the Developmental Disabilities Program for the protection of persons participating in activities supported by grants and contracts from the Department of Health and Human Services. This compliance will include a review by the grant recipient agency and/or their human rights committee_ The grant recipient will be responsible for informing all staff of the conditions of this assurance. In the opinion of the grant recipient: A. The risks to the rights and welfare of individual affected by this project are: B. The following safeguards against these risks have been provided: C. The potential benefits of this project to outweigh any probable risk. D. The following informed consent procedures will be adequate and appropriate: E. The following privacy and confidentiality procedures will be adequate and appropriate: F. The grant recipient agrees to develop and implement a mechanism for the continuing exchange of information and advice between the project director and the project's human rights committee, particularly concerning proposed changes in project activity or design which might affect the persons participating in the project. This communication will be implemented as follows: G. Minutes will be kept of all human rights committee meetings and submitted to the GCDD. H. The names, occupation, or titles of the members of the human rights committee are: Assurances are further provided that (please initial one): After careful review of project activities, it was determined no person or human rights risks are involved for which a human rights committee is necessary. If no human rights committee is necessary, that notification of the project changes affecting human rights of project participants will be reported to the GCDD. A human rights committee will be convened and minutes submitted to the GCDD within thirty days after the grant award. The undersigned is authorized to make these assurances on behalf of the grant recipient and assures compliance by his/her signature. Signature of Authorized Certifying Official Title Recipient Organization Date FORM 11: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - Lower Tier Covered Transactions I. The prospective/lower tier participant certifies, by submission of this proposal/receipt of the award, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or Agency. 2. Where the prospective/lower tier participant is unable to certify to any of the statements in this certification, such prospective/participant shall attach an explanation to this proposal. The prospective lower tier participant further agrees by submitting this proposal it will include this clause entitled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered Transactions," without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. The undersigned is authorized to make these assurances on behalf of the grant recipient and assures compliance by his/her signature. Signature of Authorized Certifying Official Title Recipient Organization Date FORM 12: CERTIE'ICATION REGARDING LOBBYING FOR GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his/her knowledge and belief A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,loan, or cooperative agreement. B. if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of the Congress or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete Standard Form LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned is authorized to make these assurances on behalf of the grant recipient and assures compliance by his/her signature. Signature of Authorized Certifying Official Title Recipient Organization Date