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HomeMy WebLinkAbout11-07-11 PacketPage 1 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Joe Longoria Alan Tart Monday, November 7, 2011 Regular Council Meeting Agenda 6:00 PM INVOCATION - Community Minister Tass Welch, Community Christ Church, Milton, GA 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- 233) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the October 10, 2011 Work Session Minutes. (Agenda Item No. 11- 234) (Sudie Gordon, City Clerk) 2. Approval of the October 17, 2011 Regular Council Minutes. (Agenda Item No. 11- 235) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR MEETING AGENDA NOVEMBER 7, 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 a Task Order with Stantec Consulting Services, Inc. for Environmental Services for Mayfield Road at Mid Broadwell Road Intersection. (Agenda Item No. 11- 236) (Carter Lucas, Public Works Director) 4. Approval of a Construction Services Agreement between the City of Milton and Blount Construction Company, Inc. for Sidewalk, Curb and Gutter Repair in the Brookshade and White Columns Subdivision. (Agenda Item No. 11- 237) (Carter Lucas, Public Works Director) 5. Approval of a Professional Services Agreement between the City of Milton and BM&K, P.C. for Right of Way Services – SR 372 at Providence Road and SR 140 at New Providence Road. (Agenda Item No. 11- 238) (Carter Lucas, Public Works Director) 6. Approval of a Parks and Recreation License Agreement between the City of Milton and Overkill Volleyball, Inc. to Offer a Co-Ed Youth Volleyball Program. (Agenda Item No. 11- 239) (John Rebar, Parks and Recreation Director) 6) REPORTS AND PRESENTATIONS 1. Proclamation In Recognition of the Volunteers Who Made the 2011 Crossroads at Crabapple Antique and Art Festival a Success. (Presented by Councilmember Karen Thurman) 7) FIRST PRESENTATION 1. Approval of the Annual Re-enactment of the Ordinance Approving and Establishing the Regulation of Solid Waste Collection Services within the City of Milton, and Providing for the Scope and Nature of the Operation of Such Services. (Agenda Item No. 11- 240) (Matt Marietta, Fire Marshal) 2. U11-02/VC11-04 – 13280 New Providence Road Applicant: Inner Quest Church - A request to expand the existing 3,800 square foot church to add a new building consisting of an 8,320 square foot sanctuary for a total of 12,120 square feet within 2 buildings with a total of 224 seats. The applicant is also requesting a 4 part concurrent variance for the following: 1) To reduce the 75 foot undisturbed buffer and 10 foot improvement setback along the west property line where the existing parking lot encroaches to a 25 foot undisturbed buffer and 10 foot improvement setback (64-1141(3)(b.)); MILTON CITY COUNCIL REGULAR MEETING AGENDA NOVEMBER 7, 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) To reduce the 75 foot undisturbed buffer and 10 foot improvement setback along the north property line where the existing and proposed parking encroach to a 25 foot undisturbed buffer and 10 foot improvement setback (64-1141(3)(b)); 3) To allow a 5 over 12 roof pitch (64-1146(3)(a)); 4) To increase the front setback from 30 feet from the landscape strip to 250 feet (64-1145(3) (b)). (Agenda Item No. 11- 241) (Kathleen Field, Community Development Director) 3. RZ-11-18 – To create Article VI, Division 26, of the Zoning Ordinance (Chapter 64 of the City Code) – H (Historic) District. (Agenda Item No. 11- 242) (Kathleen Field, Community Development Director) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Approval of a Resolution Amending Resolution No. 10-01-126, A Resolution Appointing A Board Member to the Design Review Board for District 3. (Agenda Item No. 11- 243) (Councilmember Bill Lusk) 2. Approval of a Professional Services Agreement between the City of Milton and Precision Planning, Inc. for Design Services Related to the Development of the Public Safety Facility on Highway 9. (Agenda Item No. 11- 244) (Carter Lucas, Public Works Director) 3. Approval of a Resolution Authorizing the Execution of Certain Easement Deeds and a Quitclaim Deed Regarding Properties Owned by the City of Milton, Georgia and the Fulton County Board of Education. (Agenda Item No. 11- 245) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS MILTON CITY COUNCIL REGULAR MEETING AGENDA NOVEMBER 7, 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. 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 11- 246) The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: October 24, 2011 for November 7, 2011 Council Meeting Agenda Item: Approval of a Task Order with Stantec Consulting Services, Inc. for Environmental Services for Mayfield Road at Mid Broadwell Road Intersection Background: Stantec, formerly Street Smarts, was selected as one of our on call planning and engineering consultants and they were approved by Mayor and Council on October 20, 2008. Stantec was selected for this task as the most qualified, already bid, on call consultant for this project. Discussion: The work to be completed under this Agreement (the “Work”) is referenced in the Contract. Individual project work will be defined by task orders. This task order is subject to the terms and conditions of the Street Smarts - City master agreement dated November 12, 2008 and shall serve as authorization by the City of Milton to (“Consultant”) to perform the services described therein. The task order is for environmental services provided by sub consultant Edwards-Pitman Environmental, Inc. The environmental services are based on Georgia Department of Transportation and Federal Highway Administration requiring a National Environmental Policy Act Categorical Exclusion document for transportation improvements in the Crabapple area as part of Georgia Department of Transportation project PI 0007313 CR 1324/Mayfield Road @ CR 1336/Mid-Broadwell Road. The budget for this work will be from the Capital Grant Fund (GDOT HPP Funds) and 80% is reimbursable from Federal Funds through GDOT. Legal Review: Stantec Task Order 11-SSI-01 – Paul Higbee, Jarrard & Davis on 10/6/11 Attachments: 1. Task Order 11-SSI-01 1 City of Milton IA5 PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. DATED TASK ORDER 11 -SSI -01 ENVIRONMENTAL SERVICES FOR MAYFIELD RD AT MID BROADWELL RD INTERSECTION This TASK ORDER between the parties is entered into pursuant to the above referenced AGREEMENT (RFQ 908-001), incorporated herein by reference, and shall serve as authorization by the City of Milton to Street Smarts, Inc., now Stantec Consulting Services, Inc. (referred to herein alternately as "Consultant" and "Stantec") to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the AGREEMENT (RFQ 908-001). Now therefore, the parties agree as follows: Description of PROJECT: The PROJECT consists of environmental services based on an environmental document being a Categorical Exclusion for transportation improvements in the Crabapple area as part of Georgia Department of Transportation project PI 0007313 CR 1324/Mayfield Road @ CR 1336/Mid- Broadwell Road in North Fulton County, G.M.D. 121. Description of WORK: The environmental services will be provided according to the attached September 27, 2011 letter and scope from Edwards -Pitman Environmental, Inc. to Ms. Kari Ward (Stantec). Design Specifications and Guidelines The CONSULTANT shall coordinate the proposed services with any proposed construction plans and within the project limits. This TASK ORDER is subject to the terms and conditions of the original AGREEMENT (RFQ #08-001) entered between the parties. General Scope of Service: The WORK under this TASK ORDER is to be commenced upon CONSULTANT'S receipt from the City of a written "Notice to Proceed" (NTP) for each phase. The WORK will be completed within 12 months after Notice to Proceed. The CONSULTANT shall prepare a schedule showing milestone completion dates based on completing the WORK within 12 months (hereinafter referred to as the "Schedule for Completion"), excluding City review time. The Schedule for Completion will be revised to reflect the actual NTP date and will be updated as required throughout the project's duration. Every 30 days commencing with the execution of this TASK ORDER, the CONSULTANT shall submit to the City a written report which shall include, but not be limited to, a narrative describing actual work accomplished during the reporting period, a description of,problem areas, current and anticipated delaying factors and their impact, explanations of corrective actions taken or planned, and any newly planned activities or changes in sequence (hereinafter referred to as "Narrative Report"). No invoice for payment shall be submitted and no payment whatsoever will be made to the CONSULTANT until the Schedule for Completion, and the completion of Narrative Reports are updated and submitted to the City. In no event shall payment be made by the City to the CONSULTANT more often than once every 30 days. The CONSULTANT shall coordinate and attend periodic meetings with the CITY regarding the status of the TASK ORDER. The CONSULTANT shall submit to the City transmittals of all correspondence, telephone conversations, and minutes of project meetings. The fee shall be paid as provided in the AGREEMENT; however, CONSULTANT agrees that fees are earned pursuant to the WORK performed, which in no event shall exceed the amount set forth in the attached Edwards Pitman Categorical Exclusion Cost Estimate. Attachments: Attachment A — Edwards Pitman Scope of Services dated September 27, 2011 CITY OF MILTON: COT By: _ Title: Name: Date: M- Title Name: Date: rAD ED WA- PITMAN ENVIRONMENTAL, INC. September 27, 2011 Ms. Kari Ward, P.E. Stantec 3160 Main Street Suite 100 Duluth, GA 30096 RE: Mayfield Road at Mid -Broadwell Road Intersection Improvements City of Milton, Georgia Environmental Services Proposal Dear Kari: Edwards -Pitman Environmental, Inc. (EPEI) is pleased to submit this proposal to provide environmental services on the referenced project. It is our understanding that the project involves improving the intersection of Mayfield Road and Mid -Broadwell Road in the City of Milton, Fulton County, Georgia. EPEI would be responsible for providing environmental services on the project. We understand that the project will include federal funding and a National Environmental Policy Act (NEPA) document will be required. We assume the Georgia Department of Transportation (GDOT) and Federal Highway Administration (FHWA) will require a NEPA Categorical Exclusion (CE). EPEI proposes to provide the following services: o Prepare Early Notification letters for submittal to the State Historic Preservation Office (SHPO) and other local, state and federal agencies interested in cultural resources in the project area. o Conduct background research and gather data necessary for the production of a NEPA CE. o Conduct all field surveys (wetlands, protected species, historic resources, archaeological resources, etc.) necessary for the production of a NEPA CE. o Prepare an Ecology Report according to GDOT/FHWA standards. o Prepare a Historic Resources Survey Report letter according to GDOT/SHPO/FHWA standards. o Prepare an Assessment of Effects Report according to GDOT/SHPO/FHWA standards. o Prepare a Phase I Archaeological Survey Report according to GDOT/SHPO/FHWA standards. 1250 Winchester t'kwy_ • 5wtc 200 •Smyrna, Gcorgia 30080 • (770) 333-9484 - FAX 1770) 333-82.77 r=m Mr. Kari Ward, P.E. September 27, 2011 Page Two o Prepare an Air Assessment according to GDOT/FHWA standards. o Prepare a Noise Impact Assessment according to GDOT/FHWA standards. o Prepare a NEPA CE for review by the GDOT Office of Environmental Services. o Attend (NEPA Specialist) one Public Information Open House. o Address comments and obtain approval of the documents. Stantec will provide EPEI with the following information for inclusion in the NEPA document: o Approved GDOT Concept Report. o Project description. o Mapping of the project area. Our lump sum fee for providing these services, including labor, overhead and expenses is $44,967.87. A detailed hourly breakdown is attached. Assigned to the project will be Andy Pitman - Project Manager, Josh Earhart - NEPA Specialist, Laurie Cotton -Smith - Senior Historian, Rick Filer - Senior Ecologist, Phil Quirk - Project Archaeologist and Drew Pitman - Air/Noise Specialist. This proposal is based on the assumption that no Section 404 permit or Section 4(f) Evaluation will be necessary. We are able to begin work within two weeks of notice to proceed and estimate nine to 12 months to obtain approval of the CE. Thank you for considering Edwards -Pitman for this task. We look forward to working with you and Stantec on the project. Please call me or Linda Edwards if you have any questions or need additional information. Sincerely, Andrew W. Pitman Executive Vice President Attachment rm= Mayfield Road at Mid -Broadwell Road Intersection Improvements City of Milton, Georgia Categorical Exclusion Cost Estimate I. DIRECT LABOR COSTS Direct Labor Subtotal $15,760.60 TASK I - BACKGROUND RESEARCH & FIELD SURVEYS Estimated Hours Rate/Hour Cost ($) Project Manager 4 $70.25 $281.00 NEPA Specialist 4 $38.50 $154.00 Assistant NEPA Specialist 8 $32.35 $258.80 Senior Historian 80 $30.75 $2,460.00 Senior Ecologist 32 $29.50 $944.00 Project Archaeologist 40 $21.20 $848.00 Air/Noise Specialist 8 $25.10 $200.80 Subtotal $5,146.60 TASK II - DOCUMENT PREPARATION/ATTEND MEETINGS Estimated Hours Rate/Hour Cost ($) Project Manager 8 $70.25 $562.00 NEPA Specialist 24 $38.50 $924.00 Assistant NEPA Specialist 80 $32.35 $2,588.00 Senior Historian 80 $30.75 $2,460.00 Senior Ecologist 64 $29.50 $1,888.00 Principal Investigator 4 $27.00 $108.00 Project Arc haeolo ist 32 $21.20 $678,40 Air/Noise Specialist 56 $25.10 $1,405.60 Subtotal $10,614.00 Total Direct Labor Costs: Tasks I - II $1E,760.60 11. OTHER DIRECT COSTS Direct Labor Subtotal $15,760.60 Overhead: Direct Labor Subtotal x Overhead Rate of: 145.06% Unit(s) Rate Cost ($) Travel/Mileage(personal vehicle 300 $0.555 $166.50 Vehicle Rental/fuel(per da 2 $80.00 $160.00 Per diem (day/night) 0 $123.00 $0.00 Per diem travel da 0 $34.50 $0.00 State Site File Fee 1 $225.00 $225.00 Subcontractor: N/A $0.00 Total Other Direct Costs $551.50 III. TOTAL COSTS Direct Labor Subtotal $15,760.60 Overhead: Direct Labor Subtotal x Overhead Rate of: 145.06% $22,862.33 Direct Labor and Overhead Subtotal $38,622.93 Other Direct Costs Subtotal $551.50 Total Direct Labor/Overhead/Other Direct Costs $39,174.43 Profit: Direct Labor and Overhead Subtotal x Profit Rate of: 15% $5 793.44 Total Cost for Project $44,967.87 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: October 26, 2011 for the November 7, 2011 Council meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Blount Construction Company, Inc. for Sidewalk, Curb and Gutter Repair in the Brookshade and White Columns Subdivisions Background: The city completes repairs of sidewalk and curb and gutter as part of our routine maintenance activities. Discussion: The work to be completed under this Agreement is part of our annual sidewalk and curb and gutter repair program. The work provided in this contract represents 153 lf of sidewalk repair and 30 lf of curb and gutter repair at various locations within the Brookshade subdivision and 49 lf of sidewalk and 122 lf of curb and gutter repair at various locations within the White Columns Subdivision. In accordance with the city’s procurement procedures three bids were received for the completion of this work. Blount Construction Company, Inc. submitted the lowest, responsible bid and staff is recommending approval of the lump sum contract in the amount of $11,650. Legal Review: Construction Services Agreement – Paul Higbee, Jarrard & Davis on 9/19/2011 Attachments: 1. Construction Services Agreement City of Milton CONSTRUCTION SERVICES AGREEMENT FOR SIDEWALK AND CURB & GUTTER REPLACEMENT This Agreement (the "Agreement") to provide intersection pedestrian improvements is made and entered into this _ day of , 2011, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City"), and Blount Construction Company, Inc., a corporation with its principal place of business located at 1730 Sands Place, Marietta, Georgia 30067, (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City issued a Request For Bid (RFB Sidewalk and Curb & Gutter Replacement), to solicit bids for intersection improvements at various locations within the city; and WHEREAS, based upon Contractor's bid to provide the drainage improvements, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1 Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement ( 16 Pages); B. .Request For Bid RFBIPlans and Specifications (10 Pages), attached hereto as Exhibit "A"; C. Proposal and Bid from Contractor dated (3 Pages), attached hereto as Exhibit "B°'; D. Contractor Affidavit and Agreement, attached hereto as Exhibit "C"; E. Subcontractor Affidavit, attached hereto as Exhibit "D"; F. Payment and Performance Bonds, attached hereto as Exhibit "E" and Exhibit "F'; G. 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 H_ City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2_ Project Description The Project is defined generally as the removal and replacement of damaged sidewalk and curb & gutter sections at locations designated by the city. The scope is more particularly defined in Exhibit "A". Section 3 The Work The Work is specified and indicated in the Contract Documents (the "Work"). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time Contractor agrees to complete the Project within 30 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. Section S Contractor's Compensation; Time and Method of Payment Contractor shall be paid in one lump sum for the full agreed -to contract amount of $11,650.00. The City shall pay Contractor upon Final Completion of the Project as such is determined by the City, net thirty (30) days from the date of invoice. No payments will be made for unauthorized work. Upon the City's certification of Final Completion of the Project, an invoice should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand - delivered. Section b Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C_ The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative &"q shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. FI. 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. 1. 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 the result of willful, negligent or tortuous conduct arising out of the: Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General_ Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coveraje: 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. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (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. (S) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Contractor's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of a.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. Contractor's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "C." The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, 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. 0. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Compliance_ with Laws Regulating Illegal Aliens The United States Congress enacted the Immigration Reform and Control Act of 1985 (IBCA), P.L. 99-603, which required the former Immigration and Naturalization Service (now the Department of Homeland Security) to establish a system for verifying the 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. Q. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. R. Key Personnel [Reserved] S. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. T_ Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. U. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section 8 Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment along the Hopewell Road right-of-way, in order for Contractor to complete the Work. B. City's Representative Matt Fallstrom shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9 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 tenninate 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 S herein. The City shall have no further liability to Contractor for such termination_ B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then maize alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid, If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City_ E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared 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 Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Blount Construction Company, Inc. 1730 Sands Place Marietta, GA 30067 F. SovereignImmunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, not, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] Blount Construction Company, Inc. [CITY SEAL] SIGNED, SEALED, AND DELIVERED_ In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: Secretary of Owner should attest Give proper title of each person -executing affidavit_ Attach seal as required. Executed in Triplicate of By: - Its: Pzied r \41111 ON '••, [CORPORATE SEAL]zF'? A t .. p4e RA IF •• :� SIGNED, SEALED, AND DELIVERED In the presence of fitness oU1111111.� �'''��yn E1QI otaryPublic a f�00r�4Q- [NOTARY SEAL] _= 0'% OLI •'BAR„ a' f M Commissi❑ Ex fres: Qom: �'•,cO MILTON CITY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] SIGNED, SEALED, AND DELIVERED_ In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: Secretary of Owner should attest Give proper title of each person -executing affidavit_ Attach seal as required. Executed in Triplicate of EXHIBIT "A" REQUEST FOR BID/PLANS AND SPECIFICATIONS Sidewalk and Curb and Gutter Replacement BIDS DUE August 19th, 2011 BY 5:O0 PM White Columns Subdivision Brookshade Subdivision City of Milton, Georgia Scope of Work and Schedule The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the worts and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary and/or required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the city_ THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BfDDER. The base bid may not be withdrawn or modified, except at the request of the city, for a period of sixty (60) days following receipt of the bids. This is a lump sum payment project. Quantities shown on the attached drawings are for reference only. BIDS DUE August 19, 2011 BY 5:00 PM 1.0 General Conditions a) Construction activity within 1000 feet on an occupied residence will be allowed Mon. -Fri. between the hours of 1:30 AM and 7:30 PM and Sat. between 8:30 AM and 5:00 PM. Construction activity more than 1000 feet from an occupied residence will be allowed Mon.- Fri. between the hours of 7:00 AM and 10:00 PM and Sat. between the hours of 8:30 AM and 6:00 PM. b) Contractor must notify the City of Milton (678) 242-2500, twenty-four (24) hours prior to beginning construction. c) Burial of construction materials is not permitted within the City of Milton. All construction materials and debris within the work area shall be properly disposed of by the contractor. d) Contractor shall provide all necessary tools, equipment, labor and materials to perform all work as defined in the following scope and schedule. 2.0 Erosion and Sediment Control a) All erosion and sediment control work necessary for the completion of this project shall be in accordance with the standards provided in the Georgia Manual for Erosion and Sediment Control in Georgia, latest edition. b) Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case shall a site be left Mare for more than fourteen (14) days, c) No clearing beyond the limits shown on plan in Section 10.0 shall be allowed without approval. d) Provide a minimum of % inch of mulching, temporary and permanent seeding on all other disturbed areas. 3.0 Earthwork a) Sub -grade preparation shall be in accordance with GCGT specifications and these regulations. b) Provisions shall be made by the contractor to ensure adequate drainage and prevent possible damage to the work area. 4.0 Paving, Curb and Gutter, and Sidewalk a) All asphalt, sidewalk and curb and gutter shall be saw -cut prior to removal. b) Curb and gutter shall be Class "B" concrete (as defined by Georgia Q.D.T.) and have a minimum strength of 3,000 PSI at 28 days. c) Typical curb and gutter section shall match the existing curb and gutter and fallow the detail in Section 10.0 b). d) One-half inch expansion joints or pre -molded bituminous expansion joint material shall be provided at each tie-in point. e) Curb and gutter shall be set true to line and grade to ensure proper drainage. f) Curb ramps and detectable warning strips shall be provided at locations identified in Section 10.0 and meet ADA requirements and detail in Section 10.0 d). g) Sidewalk and concrete pads shall be installed at locations in Section 9.0 and according to detail in Section 10.0 c) and City of Milton Subdivision Construction Standards. h) Inferior workmanship or unprofessional construction methods resulting in unacceptable paving, curb and gutter, or sidewalk will be cause for rejection of the finished work. i) Temporary sidewalk shall be provided at all locations where existing sidewalk has been identified to be removed and replaced. 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 Federal construction safety regulations, including OSHA regulations. The Contractor will conform to MUTCD and the State of Georgia Department of Transportation standards for traffic control. The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW). 7.0 Schedule a) Project shall start within 10 calendar clays of the notice to proceed and be completed in satisfactory manner, as deemed by MDPW, within 30 calendar days from the notice to proceed. 8.0 Unit Prices The city shall have the option of exercising any or all of the unit prices listed below at any point in the project. All unit price amounts shall be items furnished and installed based on the project specified materials. Item # ©escri tion Unit Unit Price 1 Graded Aggregate Base Course TN 2 Saw -Cut Asphalt LF 3 Saw -Cut Concrete LF 4 Concrete Sidewalk, 4" SY 5 Concrete Curb and Gutter, 6"x24" LF 6 Concrete Pavement, 8" SY 7 Detectable Warning Strip (2' x 4') EA a Curb Cut Ramp EA 9 Temporary Mulching TN 10 Permanent Grass Seeding SY 11 Type A Silt Fence LF 9.0 Locations Brookshade Subdivision Sidewalk C&G 822 Brookshade PkAj 10 812 Brookshade Pkwy 10 732 Brookshade Pkwy 15' Exit behind Catch basin 15' 110 Highland Oaks Ct 10' 325 Oakhurst Leaf Dr 17' 20' 335 Oakhurst Leaf Dr 24' 345 Oakhurst Leaf Dr 10 305 Oakhurst Leaf Dr 10 275 Oakhurst Leaf Dr 20' 145 Oakhurst leaf Dr 10' 85 Oakhurst Leaf Dr 12' White Columns 813 Halbrook Ln 4 Halbrook Ln by first basin 12 600 Treyburn Manor Dr 15 White Col Dr @ White Crt Hand Ramp 15310 White Columns Dr 10 15370 White Columns Dr 20 15245 White Columns Dr 15 White Columns Dr Raised curb on darn 15 Glen Hampton Dr and Glen PI Hand Ramp Entrance Radius Both sides 60 Marked Sidewalk on Dam 20 10.0 Details a) Curb & Gutter Details % Standard &de«*kmelon ® &q7 §A $ g a f f\/ k — i Ou_ LIM.} \ EIS � `/ � / 2 • � Mu .I e t d A / Ian' mrn - |0 IC A /Pk � 2q, 7�§ % / ■ | c) ODOT Concrete Sidewalk Details Curb Cut (Wheelchair) Ramps '•.r. ��77++ 1. ••i _:;.�/j:,l Q- • ��:. '. J _ �<l S ' a V6� yrr' �,• Y YY 1 _ _ i3, err R .: ti � __.L W - .. `• _•'•� :, %. k• ~ — - ?} � � dry _ - ; � (~Y�i -.fy � I _q. EXHIBIT "B" BID FROM CONTRACTOR Sidewalk and Curb and Gutter Replacement BIDS DUE August 19th, 2811 BY 5:06 PM White Columns Subdivision Brookshade Subdivision City of Milton, Georgia Scope of Work and Schedule The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary and/or required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the city. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The base bid may not be withdrawn or modified, except at the request of the city, for a period of sixty {Ea} days following receipt of the bids. This is a lump sum payment project. Quantities shown on the attached drawings are for reference only. BIDS DUE August 19, 2011 BY 5:00 PM Basi did Am,6ur> =' G1ourJ C015+,IC'h-1 (Company Name) it, Sno. co (Do llar Amount in NLimbers) jl +V.rtc1 # C0/106'S (Dollar Amount in Words) 8.0 Unit Prices The city shall have the option of exercising any or all of the unit prices listed below at any point in the project. All unit price amounts shall be items furnished and installed based on the project specified materials. Item # Description Unit Unit Price 9 1 Graded Aggregate Base Course TN 3$, c>o 2 Saw -Cut Asphalt LF 5. 3 Saw -Cut Concrete LF 4 Concrete Sidewalk, 4" SY 5 Concrete Curb and Gutter, 6"x24" LF 2[, oa 6 Concrete Curb and Gutter, type 7 LF 2cpo0 7 Detectable Warning Strip (2'x 4') FA 2 za 8 Curia Cut Ramp EA -41D 00 9 Temporary Mulching TN 23� 10 Permanent Grass Seeding SY 11 Type A Silt Fence LF 5,0� EXHIBIT "C" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with 0.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 perform such service. EEV 1 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date (Blount Construction Company, Inc.) Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 2011 Notary Public My Commission Expires: STATE OF GEORGIA CITY OF MILTON EXHIBIT "D" 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-I0-91. EEV l Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date (Subcontractor Name) Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 2011 Notary Public My Commission Expires: EXHIBIT 6GE99 PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SUR-ETY"), 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 eleven thousand five hundred Dollars ($11,500), 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 Sidewalk and Curb and Gutter Replacement (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 72011. (Blount Construction Company, Inc.) By: Title: (SEAL) (Signatures Continued on Next Page) Attest: Title: Date: Attest: Date: (Name of C'ontractor's Surety) By: Title: (SEAL) (ATTACH SURETY'S POWER OF ATTORNEY) EXHIBIT "F" PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company, 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 eleven thousand five hundred Dollars ($11,500, 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 , 2011 which is incorporated herein by reference in its entirety thereinafter referred to as the "CONTRACT"), for the construction of a project known as Sidewalk and Curb and Gutter Replacement, (hereinafter referred to as "the PROJECT") NOW THEREFORE, the conditions of this obligation are as follows: 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 cornrnence 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 36 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 12011. Attest: Title: Date: Attest: Date: (Blount Construction Company, Inc.) LO -M Title: (Name of Contractor's Surety) By: Title: (ATTACH SURETY'S POWER OF ATTORNEY) 37 EAL) SEAL) City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: October 27, 2011 for the November 7, 2011 Council meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and BM&K, P.C. for Right of Way Services – SR 372 at Providence Road and SR 140 at New Providence Road. Background: This agreement is to provide right of way and easement acquisition services for intersection improvements at SR 372 at Providence Road and SR 140 at New Providence Road. The City has developed preliminary plans, held a field plan and has Right of Way plans in process with Georgia Department of Transportation. Three bids were obtained for right of way services and BM&K was the low bidder. Discussion: The work to be completed under this Agreement will include coordination with Georgia Department of Transportation (GDOT) and the City, title and owner verification reports, appraisals, negotiations, and closing. These tasks are required in conjunction with the use of federal funds on these projects and will be in accordance with GDOT policy and procedures. Staff is recommending the approval of a professional services agreement between the City of Milton and BM&K to provide right of way services in the amount of $46,400.00. The budget for this work will be from Capital Grant Fund. This task is not reimbursable but the land acquisition costs for the purchase of right of way and easements will be reimbursable for these projects. Legal Review: Agreement – Paul Higbee, Jarrard & Davis on 10/13/2011 Attachments: 1. Agreement 1N, �City*4% of Milton PROFESSIONAL SERVICES AGREEMENT RIGHT-OF-WAY SERVICES This Agreement made and entered into this Jr of in the year 2011, by and between The City of Milton, Georgia (sometimes referred to herein as the "City" ), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and BM&K, P.C. ("Consultant") having its principle place of business at 68-A Jopena Blvd, Hoschton, GA 30548. WHEREAS, the City issued a Request For Bid (Milton Right -of -Way Services), to solicit bids for right-of-way services for intersection improvement projects for SR 372 Birmingham Hwy at Providence Road and SR 140 Arnold Mill Road at New Providence Road; and WHEREAS, based upon Consultant's bid to provide right-of-way services as required by the bid documents, the City has selected Consultant as the winning bidder, and WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A REQUEST FOR BID/SCOPE OF WORK EXHIBIT B RESPONSE TO BID/FEE SCHEDULE EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D CONSULTANT AFFIDAVIT EXHIBIT E PAYMENT SCHEDULE To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. The parties understand and acknowledge /n 1 �4 1 y City of Milton that, despite any information to the contrary contained in the Contract Documents, all legal services as described in the Contract Documents, including but not limited to title reports, owner verification, closings and condemnations, shall be provided separate and apart from this Agreement by the City Attorney, Jarrard & Davis, LLP, directly to the City, but in coordination with the Consultant's efforts. 2.0 Scope of Work; Compensation The Consultant agrees to provide all Services specified in Exhibit "A." No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work as outlined in Exhibit "E", setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a Lump sum fee not to exceed $46,400 (the "Contract Price") plus the per parcel services that may be required according to fees identified in Exhibit "B," without prior written approval from the City. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 3.0 Independent Contractor 3.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 3.2 Inasmuch as the City of Milton and the Consultaut are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume fill liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification /nom ��k�; City of Milton The Consultant covenants and agrees to take and assume all responsibility for the services rendered in comrection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willfid, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant may be liable, the indemnification obligation set forth in this provision shall not be limitednt any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 5.0 Insurance (1) Requirements: The Consultant shall have and maintain in firll force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. . (2) Mininwm Limits of Lrsurauce: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. /nrom ��; City of Milton (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,0005000 limit for darns arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other hrsurance Provisions: The policy is to cartain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers ue to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. The Consultant's insurance coverage shall Ue primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. i) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insuran ce 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. /n �'`„ Ciry of Milton (v) Coverage slrall be provided on a "pay on behalfbasis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coveraee. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coveraees. (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. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor render the terns of this Agreement, including but not limited to Section 4 of this Agreement. (5) Acce tability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VII. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its belialf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City np ��� City of Milton reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 6.0 Term; Termination The term of this Agreement shall be from October _, 2011 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2011, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2011, shall automatically renew on January 1, 2012 to December 31, 2012. Except as otherwise provided for in Exhibit "A", the City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 7.0 Compli ance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 8.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. nN �h�1 City of Millon 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 10.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 13.0 Entire Agreement This Agreement constihrtes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 Waiver of Agreement The Ciry's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any fiihue breach or default. 15.0 Sovereign Immunity Nothing contained in this Agreement shall be constnted to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 16.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial nr �%I„ City o(Millon carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: dickie Mcfunkin P.O. Box 878 Braselton, GA 30517 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] nr ��; Cily of Milton Approved as to form: City Attorney SIGNED, SEALED, AND DELIVERED By: Donald Clerici Its: President &Secretary [AFFIX CORPORATE SEAL] [NOTARY SEAL] GExpires: Z� G�;"b "<I \ CA ?: i� EOad���� 21 \�� City of Milton CITY OF MILTON: By: Joe Lockwood Its: Mayor [CITY SEAL] EXHIBIT "A" City of Milton Public Works Department • em a 13000 Deerfield Parkway, Sulte 107G Milton, GA 30004 The City of Milton Public Works Department is requesting proposals to provide acquisition of right-of-way and/or easements associated with two federally funded intersection improvement projects. If your firm is interested, please provide a written bid to Sara Leaders via email (sara.leadersO.citvofmiltonaa.us) by Monday October 10, 2011 at 5 PM. These projects Include federal funds and are Georgia Department of Transportation projects PI 0000533 and 0005448. The City of Milton is the project sponsor. The City will provide all plans and documents needed for right of way services. Consultant and/or sub consultants must be GDOT prequalified for each right of way service that Is part of this scope. Interested firms should submit a per parcel fee schedule for tasks associated with the acquisition of right-of-way and easements as well as a proposed project total. Please provide a per parcel fee even If there are no parcels currently identified for that line item. The fee schedule should be submitted on the form provided. Preliminary plans are included in the scope for the proposed project costs. Please address any questions to Sara Leaders by email EXHIBIT "A" SCOPE OF SERVICES FOR RIGHT OF WAY SERVICES FOR INTERSECTION MPROVEMENT PROJECTS AT ARNOLD MH.L AT NEW PROVIDENCE ROAD AND BIRMINGHAM HWY AT PROVIDENCE ROAD Project Descriptions: The intersection improvement projects are located in North Fulton County in the City of Milton. PI 0000533 The existing intersection of SR 140/Arnold Mill Road and CR 27/New Providence Road is a non -signalized intersection with no honing lanes and an approximate skew angle of 30 degrees. Both SR 140 and CR 27 are two-lane roads. There is a City of Milton Fire Department station in the northwest quadrant of the intersection. The project consists of improving the skew angle of the intersection, adding dedicated tum lanes and installing a traffic signal. The proposed skew angle of the intersection is 90 degrees. The intersection of the CR 27 leg shifts west approximately 140' along SR 140. Left and right turn lanes will be added to both SR 140 and CR 27. A mast arm traffic signal system would be installed at the intersection. Further improvements to the project include adding curb and gutter, pedestrian crossings, bike lanes and sidewalks on SR 140 and a multiuse trail on the east side of New Providence Road. The proposed project is 0.40 miles along SR 140 and 0.06 miles along CR 27 and includes 7 parcels (1 parcel is a City of Milton Fire Station and 1 parcel is owned by Fulton County). PI 0005448 The existing intersection of SR 372/Birmingham Hwy and CR 27/Providence Rd/New Providence Rd is a non -signalized 4 -way intersection with an approximate skew angle of 25 degrees. Both SR 372 and CR 27 are two-lane roads. In the southeast quadrant of the intersection there is a minor residential development. The project consists of realigning the intersection of SR 372 and CR 27 approximately 300' to the north of the existing intersection. The realignment is such that the intersecting skew angle with SR 372 is 80 degrees, which will improve the vertical sight distance along SR 372. The existing non -signalized 4 -way intersection will be replaced with a roundabout with right turn bypass lanes on SR 372. To maintain traffic on site this project will be stage construction. Lighting will be added to the intersection and will be maintained by the City of Milton. The project length is 0.40 mules along SR 372 and 0.45 miles along CR 27 and includes 13 parcels (8 parcels are casements only). Description of Services: All Consultants and/or Sub Consultants must be prequalified with Georgia Department of Transportation for each Right of Way Service described in the scope below. Pre-Acauisition Pre -Acquisition Services may be required on both projects. Any pre-acquisition activities shall be in conformance with Federal regulations and the requirements of the Georgia Department of Transportation (GDOT). Services may include, but are not limited to the following: Coordination ser6ces A. This includes all pre-acquisition and acquisition coordination with GDOT, local government coordinator, and the city B. Coordination may include but not limited to attending meetings (meetings for appraisals, negotiation, and legal to be included in per parcel fee for those tasks), status reports, invoicing, property owners meeting and any additional GDOT required forms and documents Preparation of Detailed Right of Way Cost Estimate (Listed tinder pre-acquisition for scheduling purposes only since this will be the first task. The price for this will be under cost estimate on the appraisal section of the bid spreadsheet) A. In GDOT spreadsheet format for each project to be submitted to GDOT Right of Way Office Preparation of Title Services and Reports A. Owner Verification reports for driveway easement only parcels EXHIBIT "A" B. Preliminary Title reports for temporary easement, permanent easements and fee simple acquisitions. Reports should include copies of vesting deeds, liens and other encumbrances. Schedule and Conduct Right of Way Property Owners Meeting (This will be included in the coordination services) A. Incoordination with City and GDOT Right of Way Office Anm•aisals• Appraisal services required to determine market value of the unencumbered fee simple interest, easements and any other interests in the part taken plus any consequential damages, offset to the extent of special benefits in accordance with State law. The Consultant shall attend periodic meetings with the City mid GDOT regarding the status of the appraisal tasks. The services to be performed by the Consultant may include, but are not limited to the following: City Databook A. Preparation of Land Sales Databook covering all major land types in the City of Milton. Provide 10 to 20 documented land sales in each category to indicate a reasonable value range. Land categories to include the following: 1. Detached residential lots 2. Detached residential acreage 3. Attached lots 4. Unimproved detached land 5. Commercial sites, 1-2 acres G. Commercial acreage, 3 acres and above 7. Office 8. Industrial Project Databooks A. Preparation of Land Sales Databooks for each project along with preliminary value ranges for the various property types. Self Contained Appraisals A. Appraise the market value of the unencumbered fee simple interest, easements and any other interests in the part taken plus any consequential damages, offset to the extent of special benefits, in accordance with State Law. The appraisals shall be prepared in conformance with Federal regulations and the requirements of the Georgia Department of Transportation including the submission of the individual reports on the GDOT approved appraisal format. Additionally, the appraisals will be prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP) and in accordance with the Code of Ethics of the Appraisal Institute. Neeotiation• Negotiation services are for the acquisition of right of way and easements for the above referenced projects. The services to be performed by the Consultant may include, but are not limited to the following: Negotiation Package A. Upon receipt of approved appraisals or cost estimate/data book from the City, the Consultant shall prepare negotiation packages for owners to include the following: 1. Brochure entitled "What Happens When Your Property Is Needed for a Transportation Facility" 2. Receipt for Brochure EXHIBIT "A" 3. Offer Letter 4. Option & Plats 5. Statement of Estimated Values 6. Letter of Availability of Incidental Payments 7. Copies of plans with right -of --way and easements highlighted \egotiation Activity A. The Consultant should make all offers to purchase the required right of way and/or easements along with any other required payments to owners, tenants, or other parties having an approved monetary interest. All offers and benefits will be explained in detail and negotiation activities will be conducted in accordance with federal guidelines. Negotiation Activity shall include the following: 1. All owners should be contacted in person, if possible, at a time and place convenient to the owner. There shall be a sufficient number of personal contacts with each owner, in an attempt to secure a property settlement through negotiations, miless it is clearly apparent that continued negotiations would be unproductive. 2. The Consultant shall provide and explain to owners appropriate right of way plan sheet(s), cross-sections, driveway profiles and other construction information as requested by owners. 3. The Consultant will NOT provide owners with Appraisals ander any circumstance, unless City of Milton gives permission. 4. Review and confirm with owner the accuracy of all information stipulated in the Preliminary Title Report. 5. If settlement is reached at the offer amount, the Consultant will submit an option to the City of Milton for approval. If a counter offer is submitted by a property owner, Consultant will provide the necessary written justification for all approved settlements to designated official with the City of Milton. Under no circumstances will the Consultant have the authority to accept a settlement on behalf of the City of Milton, either monetarily or contractually. 6. Once an approved Option is obtained, Consultants must submit approved option along with all required supporting documentation to the City of Milton. 7. If a negotiated settlement cannot be reached, the Consultant shall: a) Mail a certified 10 -day letter to owner. b) Transmit clean and concise parcel file along with all required supporting documentation to the City of Milton. B. The Consultant shall prepare and maintain a legible negotiation record on each property interest on which negotiation was attempted. The record should include the following: I. Dates of negotiation or contact 2. Place of contact 3. Persons present 4. Offers made 5. Explanation of Right of Way and Construction plans 6. Counter-offers and recommendations regarding those counter-offers 7. Reasons wiry settlements could not be reached (if required) 8. Feedback and concerns from the property owner 9. Description of title problems and how they were solved (if required) 10. Signature of the negotiator for settled interests 11. Any other data pertinent to the negotiations 12. All related correspondence and reports in connection with and incidental to the parcel Lulividual Parcel Files EXHIBIT "A" A. The Consultant shall prepare and maintain individual parcel files which includes the following. 1. Title reports 2. Appraisal reports / Approved cost estimates 3. Copies of all negotiation records 4. All required forms executed by property owners 5. Copies of all correspondence B. Files shall be available at any time for inspection by the City of Milton, Georgia Department of Transportation and/or the Federal Highway Administration. All such information is the property of the City of Milton and shall be immediately delivered to the City of Milton upon request. Any information and/or knowledge gained from the appraisals, the acquisition and relocation on this project shall be kept confidential and not publicly disclosed without prior written authorization by the City of Milton. General Conditions: A. The Consultant shall attend periodic meetings with the City and GDOT regarding the status of the negotiation tasks. B. Invoices are to be submitted monthly upon completion of negotiations for each parcel. C. The performance of all right of way services will be in full compliance with Title 49 Code of Federal Regulations, Part 24, Title 23 Code of Federal Regulations, Part 710, the Federal Uniform Act, all State Laws addressed in Georgia Code 22 and 32, and in accordance with the GDOT's Right of Way Manual of policies and procedures. Leeal: Perform the legal services necessary to obtain property rights required for the above referenced projects. The Consultant shall attend weekly meetings with the City and GDOT regarding the status of legal services performed. The Consultant shall provide one point of contact for coordination of all legal services throughout the duration of the project. The services to be performed by the Consultant may include, but are not limited to the following. Closings A. Closing of each parcel on the appropriate GDOT instruments/forms. Documents to be prepared for closings are as follows: 1. Right -of --Way Deed / Permanent Easement / Temporary Easement / Driveway Easement 2. Settlement and Disbursement Statement 3. IRS 1099-5 Form 4. Owner's Affidavit 5. Final Title Certificate 6. Lien Releases B. After receipt of written request to close, Consultant shall determine all closing fees required and provide City with draft Settlement and Disbursement Statement to support City check request. The draft Settlement and Disbursement Statement shall be prepared within 10 business days of receipt of written request to close. C. Upon receipt of all funds for closing Consultant shall make all reasonable efforts to close parcel within 10 business days. D. Closings should not be `Snail away" unless specifically requested by owner or if owner resides over 50 miles from project. Closings shall be performed at City Hall, office/residence of property owners or within 10 miles of parcel location. E. Obtaining partial mortgage/lease releases F. Recordation of appropriate parcel documentation. G. Limited legal services related to clearing title to avoid condemnation EXHIBIT "A" Condemnations A. Prepare and file condetmtation documentation required to secure parcels for construction. Litigate parcels as required. B. Condemnations to be filed within ten (10) business days of written request. C. Cost estimate may be listed as an hourly rate or estimated condemnation cost per parcel. EXHIBIT "B" BM&K Construction & Engineering P10000533 P100005448 Parcels Per Parcel Fee Total Parcels Per Parcel Fee Total Pre-acquisition Services Coordination Services 7 $ 700.00 $ 41900.00 13 $ 700.00 $ 9,100.00 Title Searches and Reports 7 $ 150.00 $ 11050.00 13 $ 150.00 $ 1,950.00 Owner Verification Report 0 $ 75.00 $ - 0 $ 75.00 $ - Appraisals Cost Estimate 7 $ - $ 1,950.00 13 $ - $ 1,950.00 City Data Book 0 $ 1,950.00 $ 0 $ 1,950.00 $ - Project Data Book 0 $ 11950.00 $ - 0 $ 1,950.00 $ - 388C 0 $ 650.00 $ - 0 $ 650.00 $ - 388N 0 $ 950.00 $ 0 $ 950.00 $ - Negotiations Owner Interest 5 $ 1,000.00 $ 5,000.00 5 $ 11000.00 $ 5,000.00 Easement Only 0 $ 11000.00 $ - 8 $ 11000.00 $ 8,000.00 Driveway Easement Only 0 $ 700.00 $ - 0 $ 700.00 $ - Government Donation 2 $ 750.00 $ 1,500.00 0 $ 750.00 $ Legal Condemnation 0 175/Hr $ 0 175/Hr $ Closing and Recording 7 $ 300 CO $ 21100.00 13 $ 300.00 $ 3,900.00 Project Total $ 16,500.00 $ 291900.00 and Cost Estimate Services ford to perform Data Book &Appraisal Services rL Mack, Attorney, to Perform Title Reports, Owner Verification, Closings ng Checks and Recording Fees to be provided by City Good thru December, 2012 10/12J2011 EXHIBIT "C" STATE OP' GEORGIA CITY OT MILTON EXHIBIT "D" CONSULTANT AP'PIDAVIT 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 fcderal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. 2 VIA M f EEV / Basic Pilot Program User Identification Number (e , to 1.20 I/ BY: Authori fficer or Agent Date BM&K, P.C. Title of Authorized Officer or Agent of Subcontractor GiryaerkeY� Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME t(F[ S fFI) , —1—SC=DAY OF`'' My Commission Exhib(t "E„ Payment will be made to consultant upon the completion of the work as outlined below, upon receipt and approval of the invoice by the City. Pre-Acaulsltion Services Coordination Services: Attend Meetings; Meetings with Appraisers; Property Owners Meetings; Prepartion of GDOT Documents & Documents; Other Various Pre-acquisition Services (Payment can be made for individual or combined tasks) Appraisals Cost Estimate (Payment can be made upon completion of Cost Estimate} Neeotlatlans Invoice at 20% of Contract Price Once Offer is Made (Provide Documentation to City) Invoice at 30 % Once Receive Approved Offer & Approval by City (Provide Documentation to City) Involce at Remaining 50% Once Parcel has Closed (or condemnation filed); Recorded Deed has been received; and Final File has been submitted to City City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: John Rebar, Parks and Recreation Director Submission Date: October 27, 2011 Meeting Date: November 7, 2011 Agenda Item: Approval of a Parks and Recreation License Agreement between the City of Milton and Overkill Volleyball, Inc. to Offer a Co-Ed Youth Volleyball Program. Background: The Parks and Recreation Department is eager to begin offering programs and additional services to the citizens of Milton. Many of these programs may be offered by outside providers through a license agreement with the City of Milton based on a submitted program proposal rather than offering these programs through a paid independent contractor or a paid employee of the City. Discussion: Overkill Volleyball, Inc. is a local organization founded approximately 3 years ago. They have conducted leagues in Cobb County and the City of Roswell. The program will be hosted at Hopewell Middle School. The program consists of recreational level play as well as possible advanced play opportunities for both boys & girls from ages 6 - 18. Ileana Yustis, President of Overkill Volleyball, approached the City in May 2011 and provided an initial partnership proposal in September 2011. Since then, we have been working through various documentation, logistics, and a location for the program. Hopewell Middle School is the proposed site for the program. We have an IGA with Hopewell Middle School that will allow use of the indoor facilities namely the gymnasium. We have reviewed the proposal, held meetings, checked credentials and references, and received a copy of their license and liability insurance coverage. Tom and I agree that this co-ed youth volleyball program would be an asset to the Parks and Recreation Department. Once this agreement is approved, registration would begin immediately. A commission of 25% of all registration fees and non-resident fees will be paid to the City of Milton each season two weeks following the end of registration. Non-resident fees will be collected by Overkill Volleyball at a rate of 50% more. Attachments: A Parks and Recreation Event License Agreement between the City of Milton and Overkill Volleyball, Inc. to Offer a Co-Ed Youth Volleyball Program. MILTON PARKS AND RECREATION LICENSE AGREEMENT In consideration of the mutual promises made herein, this License is entered into on this day of ,20 by and between, the City of Milton, Georgia (hereinafter the "City") and Overkill Volleyball, Inc. (hereinafter "Licensee"): 1. Licensed Use: The City, in exchange for good and valuable consideration described herein, hereby authorizes Licensee to use Hopewell Middle School 13060 Cogburn Road Milton GA 30004 (the "Premises"), for Youth Co -Ed Volleyball (Ages 6-18) (the "Event(s)") on February 18, 2012 to March 31, 2012. This License shall be limited to the Premises and Event(s) described above, provided that Licensee shall have reasonable access over the City's property to the Premises for the purpose of conducting the Event(s). The Licensee shall conduct all set-up and cleanup activities related to the Event(s) during the term of the Event(s) specified herein and shall vacate the Premises immediately upon termination of the Events). The City may terminate this License immediately for convenience at any time by providing a written notice of termination to Licensee. a. Licensee, as partial consideration for this License, shall be responsible for hosting the Event(s) in accordance with the terms and conditions described in Exhibit "A," attached hereto and incorporated herein by reference. As further consideration for this License, Licensee shall pay to the City 25% of all registration fees and all the non- resident fees. Licensee shall be responsible for the safe operation of any equipment utilized by Licensee. If keys for any City facility have been provided to Licensee, Licensee shall be responsible for unlocking and inspecting facilities and reporting any safety concerns to the City in a timely fashion. Upon completion of the services, Licensee shall be responsible, if applicable, for locking the City facility and securing any City equipment used by Licensee. Licensee shall maintain throughout the term of this License insurance coverage's, at a minimum, as set forth in Exhibit "B," attached hereto and incorporated herein by reference. b. Licensee shall immediately comply with all directives of the City in regard to health, safety and security matters at the Premises and with all pertinent rules and regulations relating to the City's property, except as are more specifically modified by this License Agreement. This provision shall be enforceable by the City, and failure of Licensee to comply with the terms thereof shall be grounds for immediate termination of this License and vacation of the Premises by Licensee and guests of the Event(s). c. Licensee shall indemnify, save and hold harmless the City, its officers, boards, commissions, elected officials, employees and agents from any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to attorney's fees, resulting from: I. Any and all loss and/or damage to the City or its property caused by the Licensee and/or by any guest of the Events); ii. Injury to personal property or the person of, or the death of, any individual as a result ofthe Event(s); and iii. Any other occurrence that results from the Event(s). Licensee shall not be required to indemnify the County or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the County or its officers, boards, commissions, elected or appointed officials, employees or agents. 2. Miscellaneous Provisions: a. In the event Licensee refuses or neglects to provide any of the items herein stated, or fails or refuses to make any of the payments as provided herein or to proceed with the Event(s), the City shall have no obligation to perform under this License. b. The Contractor shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement, but only to the extent caused in whole or in part by negligent, reckless or intentional acts or omissions of the Contractor. c. Time is of the essence. d. This License shall not be changed, modified or varied except by a written statement signed by all parties hereto. Neither party may assign this License. Each of the individuals who executes this Agreement agrees and represents that he is authorized to execute this License on behalf of the respective entity. Accordingly, the City and Licensee both waive and release any right to contest the enforceability of this License based upon the execution and/or approval thereof. IN WITNESS HEREOF the parties hereto have set hands and seals the day and year first above For the City: For the Licensee: .�04 YVA 5 Signature, Name, Title: Affix Corporate Seal written: Attest gnature, Name, Title: � y •���Hry CITY OF MILTON PARD AND RECREATION LICENSE AGREEMENT Exhibit "A" (rev 10-25-2011) Licensee: Ileana Yustis, Overkill Volleyball, Inc. Term: Beginning February 18, 2012, Ending March 31, 2012 (Seasonal Renewal Option) Program/Activity/Event: Youth Co -Ed Volleyball League Location: Hopewell Middle School Time(s): Saturday & Sunday (9:00 am — 5:00 pm) Monday — Friday (5:30 pm — 8:30 prn) Day(s): Saturday & Sunday Evening(s): Monday - Friday Registration Process: www.overkillvolleyball.org Fees Charged By Licensee: Resident Fee ($150); Non -Resident Fee ($225) Commission Rate Paid to City of Milton: 25% of all registration fees and all non-resident fees Payments Made: Two weeks after the end of registration Reporting Documentation Required: Registration roster with fees paid Limitations: None Licensee Documentation on File: Proposal, Liability Insurance, Business License, Registered Agent Verification, References, Experience, Certifications, and Correspondence The City of Milton will market this program on its website under Parks and Recreation, Programs and Activities. 3 CITY OF MILTON PARD AND RECREATION LICENSE AGREEMENT Exhibit "B" (rev 10-25-2011) See attached Certificate of Liability Insurance ACQRD=N CERTIFICATE OF LIABILITY INSURANCE DAT� ore 0/1012Do1 11 � THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the germs 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 endorsement(s). PRODUCER K&K Insurance Group, Inc. 1712 Magnavox Way Fort Wayne IN 46804 CONTACT NAME: Mass Merch Underwritln PHONE: (alc, No. Ext}: 888-580-8041 FAX: talc, No}: 260-459-5995 E-MAILADDRESS: KK MassMerchandisin kandkinsurance.Cam PRODUCER CUSTOMER IDM INSURED Overkill Youth Volleyball Inc 1709 Summerbrook Drie sandy Springs, GA 30 35 0 A Member of the Sports, Leisure & Entertainment RPG INSURER(S) AFFORDING COVERAGE NAIC k INSURER A: Nationwide Mutual Insurance Company 3787 INSURER B: NSURERC: NSURER D: .iIIalyd11121OV,I-7:I:A►►►fiIr7lf� THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTH E POLICY PERIOD INDICATED. NOTVNTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. INS LTR TYPE OF INSURANCE ADDL INSR SU BR WVD POLICY NUMBER POLICY EFF MWDDNY POLICY EXP MMIDDIYY LIMITS A GENERAL LIABILITY 68RP00000004992200 01/0112012 D110 1120 1 3 EACH OCCURRENCE $1,000,00 )( COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX7 OCCUR 12:+71 AM ED 12:01 AM DAMAGE TO RENTED $300,000 PREMISES Ea occurrence MED FXP (Any one person) $5,000 PERSONAL BAOVINJURY $1,000,00 GENERAL AGGREGATE $3.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $1 DOD DO POLICY PROJECT [7LOC PROFESS IONALUASILITY $1,000,00 LEGAL LIAB TO PARTICIPANTS $1,000,00 A AUTOMOBILE LIABILITY 6BRPG0000044992200 61/01/2012 12:01 AM EDT 0110112013 12:01 AM COMBINED SINGLE LIMIT $1,000.00 Ea Accident BODILY INJURY (Per person) ANY AUTO BODILY INJURY (Per accident) ALL OWNED AUTOS SCHEDULEDAUTOS PROPERTY DAMAGE Per accident X HIRED AUTOS X NON-OVINEDAUTOS X Not provided while In HawalI UMBRELLA LIA6 OCCUR EACH OCCURRENCE AGGREGATE EXCESS LAB CLAIMS -MADE DEDUCTIBLE RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROP REETORSH IPIPARTNERI EXECUTIVE OFFICER)MEMBER N / AVaC STATU- OTHER TORY LIMITS E. L. EACH ACCIDENT E.L DISEASE — EA EMPLOYEE EXCLUDED? (Mandatory in NH) If yes, describe under E.L. DISEASE —POLICY LIMIT DESCRIPTION OF OPERATIONS below A MEDICAL PAYMENTS FOR PARTICIPANTS 6BRPGO000004992200 01/01/2012 01/01/2013 PRIMARY MEDICAL 12.01 AM EDT 12:01 AM EXCESS MEDICAL .$2,9,00() DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES lAttach AC ORD 101, Addlt]onaI Remarks Schedule, If more space is required) SpDrt(s): Volleyball Age(s): 12 and under, 13-15, 16-19 CERTIFICATE HOLDER CANCELLATION Evidence of Coverage SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED RREPRESS`ENTATIVE Coverage is only extended to U.S. events and activities. - NOTICE TO TEXAS INSURES: The Insurer for [he purchasing group may not he subject to ail the insurance laws and regulations of the State of Texas ACORD 25 (2049109) The ACORD name and logo are registered marks of AC0RD p 1988-2009 ACORD CORPORATION. All rights reserved. In Recognition of the Volunteers who made the 2011 Crossroads at Crabapple Antique and Art Festival a Success WHEREAS, The City of Milton is grateful for its numerous volunteers upon whom the city is dependent and who strive to make Milton a desirable place for all citizens, businesses and visitors; and WHEREAS, Untold hours of hard work and planning went into organizing this yearly event and it is imperative the city recognize all volunteers and encourage others to follow their example; and WHEREAS, An antique and art festival has been a tradition in the Crabapple area since Nineteen Hundred and Sixty-Nine and is now an annual event organized by the Crabapple Community Association with the support of its sponsors including the City of Milton; and WHEREAS, On October 1st, the Crossroads at Crabapple Antique and Art Festival once again brought thousands of people to the Historic Crabapple Crossroads Community located within the city of Milton; and WHEREAS, As in previous years, the event helped promote the Crabapple Crossroads and the City of Milton and in doing so provided residents, business owners and visitors with a lasting, positive impression of the city and brought thousands of dollars worth of business to the Crabapple area; and WHEREAS, The Crabapple Community Association, and many other volunteers, including Sally Rich-Kolb, Tom Kolb, Slade Kolb, Ron Hardy, Mike Poe, Jane Ames, Tass Welch, Sharon Lockwood, Alison Parks, Steven Cash, Jason Wright, Matt Newman, Kat Walker, Beatriz Philips, Candy Deller, Amanda and Steve Quintana, Evelyn Hardy, Cindy Eade, Kelly Reinkemeyer, Peyton Jamison, Brielle Thompson, Patti Parker Silva, Tracy Eller, Helen and Gordon Benson, and Lisa Matteson gave their precious time and effort to make sure the event was a success. Now, therefore, we, the Mayor and City Council of the City of Milton, Georgia, hereby recognize and sincerely thank these volunteers for all their hard work in making the 2011 Crabapple Antique and Art Festival a successful event. Given under my hand and seal of the City of Milton, Georgia on this 7th day of November, 2011. ______________________ Joe Lockwood, Mayor City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Matt Marietta, Fire Marshal Date: Submitted on October 3, 2011 for First Presentation at the November 7, 2011 Regular Council Meeting and the November 21, 2009 Regular Council Meeting for its Second Reading Agenda Item: Annual Re-enactment of the Ordinance Approving and Establishing the Regulation of Solid Waste Collection Services within the City of Milton, and Providing for the Scope and Nature of the Operation of Such Services City Manager’s Office Recommendation Re-approve the ordinance approving and establishing the regulation of solid waste collection services within the City of Milton, and direct City Staff to facilitate the contracting of such services to providers currently in operation and those who may become in operation. Background The original ordinance was passed on November 21, 2006 and has been renewed each successive year since its original enactment. The City’s authority to enter into solid waste franchise agreements emanates from this ordinance. Discussion This ordinance needs to be re-enacted each year in order to continue the validity of our solid waste franchise agreements. The following companies are on the current list of approved haulers: 1-800-Got Junk GW Lovelace Advanced Disposal M&M Waste Allegiance Sanitation The Dumpster Company American Disposal Services Red Oak Sanitation Arrow, Inc. Republic Services Community Waste Services Waste Management Custom Disposal Waste Pro Henry Edward Kincaid There have been very few service-related complaints on any of these companies over the past year. The tentative recommendation is re-approval of the list and Ordinance as it currently stands. However, three of the companies have not been submitting their quarterly reports/fees. Each of these have been contacted formally via certified mail, and the course of action City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 2 regarding their presence on the approved haulers list will be established by the time of the formal hearing on the reissuance of the Ordinance. Funding and Fiscal Impact The ordinance contains the requirement for an infrastructure maintenance fee to be paid to the City quarterly in the amount of 5% of gross revenues. The impact to residential constituents has been less than one dollar ($1.00) per month. Further, this revenue is dedicated to the maintenance of infrastructure, primarily the resurfacing of roadways. Alternatives If not re-enacted, the City would lose its authority to regulate solid waste collection within our corporate limits and the ability to collect franchise fees for the same activity, with the accompanying loss of revenue. Concurrent Review Chris Lagerbloom, City Manager STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 1 of 21 AN ORDINANCE REAFFIRMING AND ESTBLISHING CHAPTER 46 OF THE MILTON CODE OF ORDINACES GOVERNING SOLID WASTE COLLECTION SERVICES WITHIN THE CITY OF MILTON; PROVIDING FOR THE SCOPE AND NATURE OF THE OPERATION; PROVIDING FOR THE DISPOSAL OF GARBAGE, SOLID WASTE AND REFUSE; REQUIRING THE EXECUTION BY SERVICE PROVIDERS OF A NON- EXCLUSIVE AGREEMENT WITH THE CITY OF MILTON; PROVIDING PROCEDURES FOR THE HANDLING OF COMPLAINTS; PROVIDING FOR AN INFRASTRUCTURE MAINTENANCE FEE; REQUIRING INDEMNITY INSURANCE; PROVIDING FOR REVOCATION AND AMENDMENT; PROHIBITING ASSIGNMENT AND SUBLETTING WITHOUT CONSENT; PROVIDING FOR FORFEITURE; AND FOR MAKING OTHER PROVISIONS. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on November 21, 2011 at 6:00 p.m. as follows: SECTION 1. The City of Milton (“City”) seeks to provide standards of operation, regulation, and oversight in the providing of solid waste services within the corporate city limits; SECTION 2. Pursuant to past iterations of this Ordinance, the City has currently recognized the following companies as “Approved Haulers” in the City limits: 1-800-GOT-JUNK, Advanced Disposal, Allegiance Sanitation, American Disposal Services, Arrow Inc., Community Waste Services, Custom Disposal, Henry Edward Kincaid, GW Lovelace, M&M Waste, The Dumpster Company, Red Oak Sanitation, Republic Services, Waste Management, and Waste Pro; SECTION 3. The City seeks to reaffirm the current “Approved Haulers” List as long as the companies are found to be acting consistently with the Ordinance and recognizes that the City Council may seek to amend the Approved Haulers List as need arises and in accordance with the established Solid Waste Ordinance; SECTION 4. It is in the interest of the City and its citizens to offer companies currently providing such services a non-exclusive contract on such terms and conditions that will provide the City with the controls and options necessary to provide for the public good; and STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 2 of 21 SECTION 5. That this Ordinance shall become effective upon its adoption. ORDAINED this the 21st day of November, 2011. __________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 3 of 21 Chapter 46 - SOLID WASTE [46] (46) State Law reference— Solid waste management generally, O.C.G.A. § 12-8-20 et seq.; Georgia Comprehensive Solid Waste Management Act, O.C.G.A. § 12-9-1; hazardous waste management, O.C.G.A. § 12-8-79; local and regional solid waste plans, O.C.G.A. § 12 -8-31.1; tire disposal restrictions, O.C.G.A. § 12-8-40.1; yard trimmings and disposal restrictions, O.C.G.A. § 12-8-40.2; authorization for local government units to enforce collection of taxes, fees, or assessments for solid waste management, O.C.G.A. § 12-8-39.3; authority of local governments to adopt and enforce local regulations for the handling and disposal of solid waste, O.C.G.A. § 12-8-30.9; Litter Control Law, O.C.G.A. § 16-7-40; transporting garbage or waste across state or county boundaries pursuant to contract, O.C.G.A. § 36-1- 16; Resource Recovery Development Authorities Law, O.C.G.A. § 36 -63-1 et seq.; littering highways, O.C.G.A. § 40-6-249. ARTICLE I. - IN GENERAL ARTICLE II. - LITTERING ARTICLE III. - COLLECTION SERVICES ARTICLE I. - IN GENERAL Sec. 46-1. - Definitions. Sec. 46-2. - Purpose. Sec. 46-3. - Collection fees. Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations. Secs. 46-5—46-23. - Reserved Sec. 46-1. - Definitions. For the purpose of this chapter, whenever inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, words in the singular include the plural, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. Words not defined in this section or otherwise in this chapter shall be given their common and ordinary meaning. The following words, terms, phrases and their derivations shall, in this chapter, have the meaning given in this section. Approved container or approved bag or container or bag means those containers used in the collection of solid waste, as defined in this chapter, which have been approved by the company for use by both residential and commercial customers. Area shall mean the area within the boundaries of the incorporated areas of the City of Milton, as they exist as of the effective date in addition to future boundary changes as outlined in [the STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 4 of 21 term "city"]. City means the City of Milton, Georgia, an incorporated municipal government in Fulton County, State of Georgia. Boundaries defining the city limits may be changed via ordinances approved by the city council, for which any new boundary created shall be subject to this contract. Commercial unit shall mean any structure, whether freestanding or designed to serve multiple tenants, whose primary purpose is for conducting business. Company means any organization, firm, person, entity, corporation or other business that contracts with customers to provide for the collection and disposal of solid waste material as defined in this article, and including but not limited to construction/demolition debris, dead animals, garbage, waste, storm debris, yard trimmings, and recyclable material. Construction/demolition debris shall have the meaning set forth by the Georgia Department of Natural Resources, Environmental Protection Division (Georgia EPD Chapter 391-3-4.01(14)). Construction site shall mean any parcel of land or real property having land disturbance, clearing and grading, demolition, improvements and betterments, renovation, remodeling and/or new construction work performed thereon or about the real property or premises whether or not a land disturbance and/or building permit is required. Customer shall mean any firm, person, entity, corporation or organization that contracts with a company for the collection and disposal of solid waste material as defined in this chapter, and including, but not limited to, construction/demolition debris, dead animals, garbage, waste, storm debris, yard trimmings, and recyclable material. Dead animals shall mean animals or portions thereof equal to or greater than ten pounds in weight that have died from any cause, except those slaughtered or killed for human use. Effective date means any contract executed between the city and any company on or after December 1, 2009. Environmental laws means all applicable laws, directives, rules, ordinances, codes, guidelines, regulations, governmental, administrative or judicial orders or decrees or other legal requirements of any kind, including, without limitation, common law, whether currently in existence or hereafter promulgated, enacted, adopted or amended, relating to safety, preservation or protection of human health and the environment (including ambient air, surface water, groundwater, land, or subsurface strata) and/or relating to the handling, treatment, transportation or disposal of waste, substances or materials, including, without limitation, any matters related to releases and threatened releases of materials and substances. Garbage shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD Chapter 391-3-4-.01(21)). Gross receipts shall mean the total amount collected by the company from any and all customers for services rendered under authority of this chapter as a result of charges for service. Gross receipts shall not include the infrastructure maintenance fee identified in this chapter. Hazardous materials means any pollutant, contaminant, hazardous or toxic substance, constituent or material, including, without limitation, petroleum products and their derivatives, or other substances, regulated under or pursuant to any environmental laws. The term "hazardous STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 5 of 21 materials" also includes any pollutant, contaminant, hazardous or toxic substance, constituent or material, including, without limitation, petroleum products and their derivatives, or other substance that is, after the date first written above, deemed hazardous be any judicial or governmental entity, body or agency having jurisdiction to make that determination. Hazardous waste means any waste regulated under or pursuant to any environmental laws, including, but not limited to, any solid waste which has been defined as a hazardous waste in regulations promulgated by the Board of Natural Resources, Chapter 291-3-11. The term "hazardous waste" also includes hazardous materials and any waste that is, after the effective date of this agreement, deemed hazardous by any judicial or governmental entity, board, body or agency having jurisdiction to make that determination. The term "hazardous waste" will be construed to have the broader, more encompassing definition where a conflict exists in the definitions employed by two or more governmental entities having concurrent or overlapping jurisdiction over hazardous waste. Recycling shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(57). Residential unit shall mean any structure, whether single family, multi-family, or otherwise whose primary purpose is for living. Solid waste means the collection of residential and commercial nonrecyclable waste, residential and commercial recyclable waste, and residential yard trimmings/waste. Term shall mean a period of one year from the effective date. Waste means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. Yard trimmings shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(77). (Ord. No. 06-11-04, § 1, 11-21-2006; Ord. No. 07-11-54, § 1, 11-15-2007; Ord. No. 08-11-30, § 1, 11-17-2008; Ord. No. 10-11-84, § 1, 11-15-2010) Sec. 46-2. - Purpose. This chapter regulates the collection and disposal of waste and garbage including, but not limited to, all waste byproducts of manufacturing or commercial establishments, cinders and ashes from commercial boilers, and cardboard and wooden boxes, crates and barrels, as well domestic waste including meat, vegetable and fruit scraps, cans, bottles, paper, cardboard, rags, ashes, and other such waste material ordinarily disposed from residences, churches, schools, small business establishments, and other such places. (1) The term "garbage" does not include animals, fowl, and fish entrails, bones and carcasses whether in whole or in part, from business establishments such as slaughterhouses and meat and fish markets. Such material means "other waste." (2) The term "waste" also includes animal, fowl, and fish excrement, entrails, bones, carcasses in whole or in part and dead animals, and any other refuse material not otherwise classified herein. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 6 of 21 (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 1), 3-17-2008) Sec. 46-3. - Collection fees. (a) The city may levy fees against residents specifically for the disposal and collection of waste generated in the city. Such funds shall go exclusively towards collecting and disposing of city waste. (b) The city accountant shall prepare recommendations to the council regarding fees to be charged for waste disposal. The city accountant shall request proposals for the recycling of waste and make a subsequent recommendation to the council regarding the feasibility and cost of a recycling program. (c) The city may levy different fees against commercial entities and residential property. The city may also levy different fees based on size or property, number of residents, or other factors recommended by the city accountant. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 3), 3-17-2008) Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations. Hospitals and health care professionals or other entities disposing of medical waste including, but not limited to, any device used to puncture or lacerate skin, shall be disposed of in a manner consistent with federal and state regulations. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 4), 3-17-2008) Secs. 46-5—46-23. - Reserved ARTICLE II. - LITTERING Sec. 46-24. - Prohibited. Secs. 46-25—46-43. - Reserved. Sec. 46-24. - Prohibited. (a) Unlawful acts defined. (1) Public littering. It shall be unlawful for any person, in person or by his or her agent, employee, or servant, to cast, throw, sweep, sift, or deposit in any manner in or upon any public way or other public place in the city or the river, creek, branch, public water, drain, sewer, or receiving basin within the city's jurisdiction, any kind of leaves, dirt, rubbish, waste article, thing, or substance whatsoever, whether liquid or solid. Nor shall any person cast, throw, sweep, sift, or deposit any of the aforementioned items anywhere within the city's jurisdiction in such a manner that it may be carried or deposited in whole or in part, by the action of the sun, wind, rain, or snow, into any of the aforementioned places; provided that this section shall not apply to: a. The deposit of material under a permit authorized by any city ordinance; STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 7 of 21 b. Goods, wares, or merchandise deposited upon any public way or other public place temporarily, in the necessary course of trade, and removed therefrom within two hours after being so deposited; or c. Articles or things deposited in or conducted into the city sewer system through lawful drains in accordance with the city ordinances relating thereto. (2) Private littering. The acts described in subsection (a)(1) of this section shall also apply to acts committed to or against private property without the consent of the owner. (b) All business firms dispensing their product in cups, plates, wrappers, sacks, and other similar forms of containers shall provide adequate metal or plastic containers upon the premises for collection of refuse. It shall be the express responsibility of all such business firms to collect all cups, plates, wrappers, sacks, and other similar forms of containers dispensed by said business that may discarded upon the premises or neighboring street and sidewalks. It further shall be the responsibility of said business to collect the aforementioned items from the premises of the neighboring property when the owners of the property specifically request and authorize the business personnel to enter upon their property for that purpose. (c) Any person who shall violate any of the provisions of, or who fails to perform any duty imposed by this section or who violates any order or determination of the department promulgated pursuant to this article shall be punished as directed by law, and in addition thereto, may be enjoined from continuing the violation. Each day a violation occurs shall constitute a separate offense. Any willful and wanton violation of this subsection resulting in the unlawful littering of the streets, sidewalks, and neighboring property shall be deemed a nuisance and on conviction thereof by the city court, the mayor and city council may after a notice and a hearing revoke the business license of the violator. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 5), 3-17-2008) Secs. 46-25—46-43. - Reserved. ARTICLE III. - COLLECTION SERVICES DIVISION 1. - GENERALLY DIVISION 2. - CONTRACTUAL PROVISIONS DIVISION 3. - TERMINATION OF CONTRACT DIVISION 4. - ADDITIONAL PROVISIONS DIVISION 1. - GENERALLY Secs. 46-44—46-62. - Reserved. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 8 of 21 Secs. 46-44—46-62. - Reserved. DIVISION 2. - CONTRACTUAL PROVISIONS Sec. 46-63. - Authority. Sec. 46-64. - Grant of nonexclusive contract. Sec. 46-65. - Term. Sec. 46-66. - Scope and nature of operation. Sec. 46-67. - Vehicles to be covered and identified. Sec. 46-68. - Regulation of containers. Sec. 46-69. - Disposal of refuse. Sec. 46-70. - Contract and rental fees. Sec. 46-71. - Compliance with law. Sec. 46-72. - Insurance provided by company. Sec. 46-73. - Indemnification and hold harmless. Secs. 46-74—46-92. - Reserved. Sec. 46-63. - Authority. The city is empowered to contract with one or several third parties to collect and dispose of all garbage, waste, commercial waste, and yard waste generated by the city. In addition, the city may sell franchise rights in garbage collection to third parties. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 2), 3-17-2008) Sec. 46-64. - Grant of nonexclusive contract. The city shall hereby grant to companies a nonexclusive contract pursuant to the terms set forth herein to use the public streets, alleys, roads and thoroughfares within the city for the purpose of operating and engaging in the business of collecting and disposing of waste; including, but not limited to, contracting with customers and providing service pursuant to contract therefore, placing and servicing containers, operating trucks, vehicles and trailers, and such other operations and activity as are customary and/or incidental to such business and service. (Ord. No. 06-11-04, § 2, 11-21-2006; Ord. No. 07-11-54, § 2, 11-15-2007; Ord. No. 08-11-30, § 2, 11-17-2008; Ord. No. 10-11-84, § 2, 11-15-2010) Sec. 46-65. - Term. The term of any agreement shall be for a period of one year beginning on the effective date of the contract execution and terminating on the first anniversary of said date. The company shall begin performance under this contract immediately after the effective date of the contract execution. (Ord. No. 06-11-04, § 3, 11-21-2006; Ord. No. 07-11-54, § 3, 11-15-2007; Ord. No. 08-11-30, § 3, 11-17-2008; Ord. No. 10-11-84, § 3, 11-15-2010) Editor's note— Section 3 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-65 from "One year in length" to "Term." STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 9 of 21 Sec. 46-66. - Scope and nature of operation. (a) Residential and commercial refuse and waste. The company may collect and deliver for disposal all residential and commercial refuse and waste accumulated within the corporate limits of the city by the company's customers and the words "refuse", "garbage", "trash" and "waste" when used in this article are used for convenience and, unless the context shows otherwise, refer to yard trimmings, recycling, storm debris, garbage, and construction/demolition debris. The company will furnish the personnel and equipment to collect refuse, provide the services described herein, and as contracted for with its customers, in an efficient and businesslike manner. (b) Service provided. Company shall provide container, bin and other collection service for the collection of residential and commercial refuse and waste according to the individual customer agreements and applicable city regulations and shall make provision f or the special collection of such refuse and waste upon request. The company shall cause or require its equipment, containers and bins to be kept and maintained in a manner to not cause or create a threat to the public health and shall keep the same in a good state of repair. (c) Collection operation. (a) Save and except as provided in this section, collection shall not start before 7:30 a.m. or continue after 7:30 p.m. at any location. Company may request variances to this collection period provided that collections: (i) are made in a manner that does not cause or result in loud noise; and (ii) that are made at a location which will not cause the disturbance of persons occupying the premises or neighboring property must first be confirmed prior to the request. All requests for variances of times must be submitted to the city manager, or his designee, and include documentation on the hardship created by the collection operation period. Should such a collection operation variance be granted and the city receives two complaints about the collection operation in any six-month time period, the city shall verify and substantiate the factual basis for any complaints. Should the complaints be substantiated, the collection operation variance will be revoked. The frequency of collection shall be determined by each individual customer agreement. (d) Holidays. The company shall observe such holidays as it, in its sole discretion, determines appropriate. Notification must be given by the company to it's customers of the holidays and resulting collection cycles. (e) All companies must maintain a local customer service telephone number while conducting business within the city. The telephone number must be publicly listed in a phone book and available through directory assistance. Each company providing trash receptacles, whether commercial or residential, must mark each receptacle with the company's name and telephone number in letters not less than four inches in height. Each company must provide a mechanism to accept, investigate, and respond to customer complaints. Companies are strongly encouraged to use multi-media devices including interactive websites, e-mail, fax, and automated telephone systems. Service calls received by the city as a result of noncompany performance will result in the consideration of revocation of a nonexclusive contract or the city's choice to not renew an existing agreement. (f) Any invoice, bill, statement, or other device intended to request remittance by the customer to the company of funds for payment of service shall include at a minimum, the company's telephone number and payment methods available to customers. (g) All companies providing residential service or service to residential multi-family units must provide a recycling program to all customers. This program is intended to promote recycling STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 10 of 21 programs throughout the city by reducing the amount of waste landfilled. Commodities may be commingled by the consumer and collected commingled by the hauler. Recycled commodities which must be offered in all programs are as follows: brown, clear, and green glass; steel and tin cans; aluminum cans, foil, pie pans, plastic items (#1, #2, and #3); cardboard, cereal boxes and any nonwaxed paper containers; brown paper grocery bags; newspapers; magazines; telephone books; junk mail; office papers; and school papers. Customers shall be charged for the recycling program by the company regardless of utilization of the service. Haulers are to include this service with their residential rate structure; however, the charge for recycling shall be shown separate from other services provided. (h) All companies providing commercial service must offer and promote a recycling program to all customers. This program is intended to promote recycling programs throughout the city by reducing the amount of waste landfilled. (i) All companies providing residential service must offer the collection of yard trimmings to all customers. This program is intended to assist in the collection and disposal of grass clippings; leaves; pine cones and needles; twigs, limbs, and trunks of trees meeting size limitations set by company; bushes, brush, and all other general debris generated from the maintenance of residential yards and lawns. (j) It shall be the company's obligation and responsibility to educate all customers on industry trends and best practices relating to solid waste collection, removal, and disposal. Such education programs must consist of the following elements: Recycling; holiday schedules; new customer information; and any service related items. All companies have the obligation to inform customers of any noncollected trash or items placed for collection by the customer but not covered under the agreement between the customer and the company. Further, it shall be the company's obligation and responsibility to educate customers on days of collection for each specific service provided. All education and communication between the company and customers should promote the placement of residential collectibles at the curb the night before pick-up. Receptacles, containers, or bagged materials shall not be left at the curb for longer than a 24-hour period. (Ord. No. 06-11-04, § 4, 11-21-2006; Ord. No. 07-11-54, § 4, 11-15-2007; Ord. No. 08-11-30, § 4, 11-17-2008; Ord. No. 10-11-84, § 4, 11-15-2010) Sec. 46-67. - Vehicles to be covered and identified. (a) All vehicles used by company for the collection and transportation of refuse shall be covered at all times while loaded and in transit to prevent the blowing or scattering of refuse onto the public streets or properties adjacent thereto, and such vehicles shall be clearly marked with the company's name and telephone number in letters not less than four inches in height. (b) Company must provide a comprehensive and proactive driver safety education program which encourages safety on city streets. Such program must be demonstrated and conveyed to the city. Company must comply with all other regulatory agencies, both local, state, or otherwise with respect to commercial vehicle operation within the city. Service calls received by the city as a result of noncompany performance will result in the consideration of revoking a nonexclusive contract or the city's choice to not renew an existing agreement. (c) Company must manage collection services delivered within the city to minimize the number of vehicles on city roads. Coordination between haulers and service providers is strongly encouraged to manage service vehicles on residential streets and neighborhoods. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 11 of 21 (d) Should company utilize "scout" trucks to facilitate collection in residential areas where it is not feasible to use standard collection vehicles, such vehicles must be covered at all times while loaded and in transit should they exceed 30 miles per hour or be driven more than 300 yards on a public street. (Ord. No. 06-11-04, § 5, 11-21-2006; Ord. No. 07-11-54, § 5, 11-15-2007; Ord. No. 08-11-30, § 5, 11-17-2008; Ord. No. 10-11-84, § 5, 11-15-2010) Sec. 46-68. - Regulation of containers. The company may rent, lease, provide or define specifications for containers to any customer within the corporate limits of the city for refuse storage and collection purposes subject to the following requirements: (1) All containers shall be constructed and maintained according to industry practice; (2) All containers shall be equipped with stable covers to prevent blowing or scattering of refuse while being transported for disposal of their contents; (3) All containers, save and except those being used for the purpose of collecting and storing rubble, building and scrap construction materials, shall be equipped with covers suitable to prevent blowing or scattering refuse and access to the container by animals while the container is at the site designated by customer; (4) All containers shall be periodically cleaned, maintained, serviced and kept in a reasonably good state of repair, to prevent the unreasonable accumulation of refuse residues, to avoid excessive odor and harborage for rodents and flies resulting from excessive residues remaining after collection of containers; (5) All containers shall be clearly marked with the company's name and telephone number in letters not less than four inches in height; (6) All containers shall not be on public rights-of-way and shall be located so as to not interfere, block, obstruct or impede the normal use of any sidewalk, street, alley driveway or fire lane, or to block, obstruct or impede sight distance at street, road or alley intersections; (7) All containers, bins, or other collection instruments must be kept free from graffiti, rust, broken and nonoperational parts and pieces, and litter in and around the area; and (8) It shall be the responsibility of each company to educate their customers on the regulations of containers and maintain industry standards, policies, and procedures, which promote an aesthetically pleasing environment in and around all refuse and waste containers and receptacles. (Ord. No. 06-11-04, § 6, 11-21-2006; Ord. No. 07-11-54, § 6, 11-15-2007; Ord. No. 08-11-30, § 6, 11-17-2008; Ord. No. 10-11-84, § 6, 11-15-2010) Editor's note— Section 6 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-68 from "Container requirements" to "Regulation of containers." Sec. 46-69. - Disposal of refuse. The company will deliver all waste collected by it from it's customers within the city, except for STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 12 of 21 materials which the company may select for recovery and recycling, to a disposal facility that is permitted by the EPD to accept such refuse and waste. Rules and regulations governing hours of operation and disposal practices at the disposal facility will be observed and followed by the company while engaged in the disposal of refuse pursuant to this article. Any items collected as part of a recycling program must be delivered to a facility where recovery and reuse occurs. Should any company choose to offload or dispose of materials collected by one vehicle into another for transport to the final disposal facility, company shall make every available effort to perform such refuse transfer on property owned by the company or privately owned property where the company has an agreement with the property owner to perform such activity. In the event any transfer occurs on public land, including streets, alleys, rights-of-ways, roads, thoroughfares, avenues, parkways, expressways, or other areas designed and designated for public travel, company shall make every effort available to clean the area after completion of the transfer to insure the area is maintained at the same or better level than if the area was not used for this activity. In the event the city receives complaints regarding this practice, company shall be required to cease from this activity at the location of the complaint. (Ord. No. 06-11-04, § 7, 11-21-2006; Ord. No. 07-11-54, § 7, 11-15-2007; Ord. No. 08-11-30, § 7, 11-17-2008; Ord. No. 10-11-84, § 7, 11-15-2010) Sec. 46-70. - Contract and rental fees. Contract fee. The streets, rights-of-way, and public easements to be used by the company in the operation of its business within the boundaries of the city as such boundaries now exist and exist from time to time during the term of this contract, are valuable public properties acquired and maintained by the city at great expense to its taxpayers, and the city will incur costs to regulate and administer this article. In consideration of such benefits, costs and expenses, the company shall through the term of its contract collect an "infrastructure maintenance fee" equal to five percent of the company's gross receipts to customers within the city (exclusive of sales tax). The term "infrastructure maintenance fee" shall be used on all bills, invoices, or statements sent by any company to a customer under this article. (1) Fees paid. The infrastructure maintenance fee shall be payable quarterly to the city and delivered to the city in conjunction with a statement indicating the derivation and calculation of such payment. Each such quarterly payment shall be due on the fifteenth day of the second month following the end of the quarterly period for which said payment is due. The quarterly payments shall be due on February 15, May 15, August 15, and November 15 of each year during the term hereof, with the February 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior December 31 and being payment for the rights and privileges granted hereunder for said calendar quarter, the May 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior March 31 and being payment for the rights and privileges granted hereunder for said calendar quarter, the August 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior June 30 and being payment for the rights and privileges granted hereunder for said calendar quarter, and the November 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior September 30 and being payment for the rights and privileges granted hereunder for said calendar quarter. During the implementation of this article, all bills generated by companies after December 1, 2006, shall include the infrastructure maintenance fee. The city shall provide material relating to the education and marketing efforts of the infrastructure maintenance fee as well as STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 13 of 21 provide education and training to company employees to ensure a consistent message is conveyed to constituents of the City of Milton. For purposes of verifying the amount of such fee, the books of the company shall at all reasonable times be subject to inspection by the duly authorized representatives of the city. (2) No other rental fees. The contract fee shall be in lieu of any and all other city-imposed rentals or compensation or contract, privilege, instrument, occupation, excise or revenue taxes or fees and all other exactions or charges (except ad valorem property taxes, special assessments for local improvements, city sales tax, and such other charges for utility services imposed uniformly upon persons, firms or corporations then engaged in business within the city) or permits upon or relating to the business, revenue, installations and systems, fixtures, and any other facilities of the company and all other property of the company and its activities, or any part thereof, in the city which relate to the operations of the company pursuant to this article; provided, that this shall not be construed to prevent the company from being required to pay any and all applicable fees and charges in eff ect from time to time for dumping at a landfill or transfer station. (3) Credit for fees paid. Should the city not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of contracts, fees, street or alley rentals or charges, easement or ordinance fees or charges aforesaid, then city agrees that it will apply so much of said sums of money paid as may be necessary to company's obligations, if any, to pay any such contract, ordinance charges, other charges, fees, rentals, easement, taxes or charges. (4) Reporting. Any company providing service pursuant to this article or a resulting contract shall from time to time provide the city with the necessary statistics regarding waste collected and disposed which shall allow the city to comply with state reporting requirements. Such information shall be in the manner and format requested by the city and provide adequate details for the city to maintain compliance with local, state, federal, and all other guidelines relating to solid waste collection, removal, and disposal. (5) Dedicated revenue. The infrastructure maintenance fee collected by the city under this article shall be dedicated to the following: (i) maintenance of the city's streets, corridors, alleys, thoroughfares, and transportation routes; (ii) administration of contract compliance between customers and companies where service is received as provided in this article; and (iii) collection of litter and trash within the city. (Ord. No. 06-11-04, § 8, 11-21-2006; Ord. No. 07-11-54, § 8, 11-15-2007; Ord. No. 08-11-30, § 8, 11-17-2008; Ord. No. 10-11-84, § 8, 11-15-2010) Editor's note— Section 8 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-70 from "Fees" to "Contract and rental fees." Sec. 46-71. - Compliance with law. The company shall conduct under this article in compliance with the material provisions of all applicable local, state and federal laws, rules and regulations, and with the general specifications contained in this article. (Ord. No. 06-11-04, § 9, 11-21-2006; Ord. No. 07-11-54, § 9, 11-15-2007; Ord. No. 08-11-30, § 9, 11-17-2008; Ord. No. 10-11-84, § 9, 11-15-2010) Editor's note— Section 9 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-71 from STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 14 of 21 "Compliance with local, state and federal regulations required" to "Contract and rental fees." Sec. 46-72. - Insurance provided by company. (a) Minimum coverage requirements. The company shall maintain throughout the term of its contract, property damage coverage, general liability insurance, and automobile liability insurance for any automobile owned or operated by company, with an insurance company authorized and licensed to do business in the State of Georgia and acceptable to the city, insuring against claims for liability and damages for the benefit of the city. The insurance shall include the city as an additional insured. General liability coverage insurance under this section shall be a minimum of $1,000,000.00 per occurrence with a $2,000,000.00 aggregate. Automobile liability insurance under this section shall, at a minimum, have limits of $1,000,000.00 for each occurrence. Additionally, umbrella coverage of $1,000,000.00 on both automobile liability insurance and general liability insurance is required. (b) Employer's liability. If the company is required by Georgia Statute, the company shall maintain throughout the term of the contract resulting from this article the requisite statutory workers' compensation insurance, and a minimum of $100,000.00 employer's liability insurance. Company shall be required to show compliance to this section by submitting documentation of such coverage from an approved carrier licensed in the State of Georgia, or documentation explaining the exemption from employer's liability insurance should they not meet the state requirements to carry such coverage. (c) Certificate of insurance. The insurance policy, or policies, obtained by the company in compliance with this section shall be approved by the city manager or his designee in the city manager's or his designee's reasonable discretion, and the certificate of insurance for the insurance policy shall be filed and maintained with the city during the term of the contract resulting from this article with a copy of the endorsement required under subsection (d) to be attached or made a part of such certificate. (d) Endorsements. All insurance policies maintained pursuant to this article shall contain the following conditions by endorsement: (1) Additional insured. The city shall be an additional insured and the term "owner" and "city" shall include all authorities, boards, bureaus, commissions, divisions, departments and offices of the city and the individual members, officers, employees and agents thereof in their official capacities and/or while acting on behalf of the city. (2) Other insurance clause. The policy clause "other insurance" shall not apply to the city when the city is an insured on the policy. (3) No recourse. Companies issuing the insurance policies shall not recourse against the city for payment of any premium or assessment. (e) Increase requirements. The city may choose to amend this article to make reasonable adjustments to the insurance coverage and their limits when deemed necessary and prudent based upon changes in statutory law, court decisions, or the claims history of the industry. (Ord. No. 06-11-04, § 10, 11-21-2006; Ord. No. 07-11-54, § 10, 11-15-2007; Ord. No. 08-11-30, § 10, 11-17-2008; Ord. No. 10-11-84, § 10, 11-15-2010) Editor's note— Section 10 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-72 from "Company to provide insurance" to "Insurance provided by company." STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 15 of 21 Sec. 46-73. - Indemnification and hold harmless. The company agrees to indemnify, defend and save harmless the city, its agents, officers and employees, against and from any and all claims by or on behalf of any person, firm, corporation or other entity arising from any negligent act or omission or willful misconduct of the company, or any of its agents, contractors, servants, employees or contractors, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or proceeding brought thereon. Promptly after receipt from any third party by city of a written notice of any demand, claim or circumstance that, immediately or with the lapse of time, would give rise to a claim or the commencement (or threatened commencement) of any action, proceeding or investigation (an "asserted claim") that may result in losses for which indemnification may be sought hereunder, the city shall give written notice thereof (the "claims notice") to the company provided, however, that a failure to give such notice shall not prejudice the city's right to indemnification hereunder except to the extent that the company is actually and materially prejudiced thereby. The claims notice shall describe the asserted claim in reasonable detail, and shall indicate the amount (estimated, if necessary) of the losses that have been or may be suffered by the city when such information is available. The company may elect to compromise or defend, at its own expense and by its own counsel, any asserted claim. If the company elects to compromise or defend such asserted claim, it shall, within 20 business days following its receipt of the claims notice (or sooner, if the nature of the asser ted claim so required) notify the city of its intent to do so, and the city shall cooperate, at the expense of the company, in the compromise of, or defense against, such asserted claim. If the company elects not to compromise or defend the asserted claim, fails to notify the city of its election as herein provided or contests its obligation to provide indemnification under this agreement, the city may pay, compromise or defend such asserted claim with all reasonable costs and expenses borne by the company. Notwithstanding the foregoing, neither the company nor the city may settle or compromise any claim without the consent of the other party; provided, however, that such consent to settlement or compromise shall not be unreasonably withheld. In any event, the city and the company may participate at their own expense, in the defense of such asserted claim. If the company chooses to defend any asserted claim, the city shall make available to the company any books, records or other documents within its control that are necessary or appropriate for such defense. (Ord. No. 06-11-04, § 11, 11-21-2006; Ord. No. 07-11-54, § 11, 11-15-2007; Ord. No. 08-11-30, § 11, 11-17-2008; Ord. No. 10-11-84, § 11, 11-15-2010) Editor's note— Section 11 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-73 from "Company to indemnify city; defense of suits" to "Indemnification and hold harmless." Secs. 46-74—46-92. - Reserved. DIVISION 3. - TERMINATION OF CONTRACT Sec. 46-93. - Forfeiture and terminating of contract. Sec. 46-94. - Transfer, sale or conveyance by company. Sec. 46-95. - Foreclosure. Sec. 46-96. - Receivership and bankruptcy. Secs. 46-97—46-115. - Reserved. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 16 of 21 Sec. 46-93. - Forfeiture and terminating of contract. (a) Material breach. In addition to all other rights and powers retained by the city under this article or otherwise, the city reserves the right to declare any resulting contract from this article forfeited and to terminate the contract and all rights and privileges of the company hereunder in the event of a material breach of the terms and conditions hereof. A material breach by company shall include, but shall not be limited to, the following: (1) Fees. Failure to pay the fees set out in section 46-70 (2) Telephone listings. Failure to keep and maintain a local telephone listing and office or answering service that is available by phone without long distance charge during regular business hours for service to the public, and which telephone or office shall, at minimum, provide and maintain the following services: a. Coordinate and provide information concerning deposits, payments and accounts to customers and prospective customers; b. Respond to customer and prospective customer questions and issues about billings, accounts, deposits and services; c. Coordination with the city with respect to private sector and public works projects and issues related to or affecting the company's operation; and d. Immediate response, upon request, to police, fire and other emergency situations in which the public health and safety requires action with respect to or assistance regarding company's property. (3) Failure to provide service. Failure to materially provide the services provided for in this article; (4) Misrepresentation. Material misrepresentation of fact in the application for or negotiation of any contract resulting from this article; or (5) Conviction. Conviction of any director, officer, employee, or agent of the company of the offense of bribery or fraud connected with or resulting from the award of a contract from this article. (b) Operation information. Material misrepresentation of fact knowingly made to the city with respect to or regarding company's operations, management, revenues, services or reports required pursuant to this article. (c) Economic hardship. Company shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees. (d) Forfeiture and proceedings. Any unwarranted and intentional neglect, failure or refusal of the company to comply with any material provision of this article or resulting contract within 30 days after written notice from city setting forth the specific provision and noncompliance, said notice to be mailed to company at its principal place of business by certified mail, return receipt requested, shall be deemed a breach of this article, and the city council, upon notice to company and hearing, may, for good cause declare a contract forfeited and exclude company from further use of the streets of the city under this article, and the company shall thereupon surrender all rights in and under this article and contract. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 17 of 21 (1) Proceedings. In order for the city to declare a forfeiture pursuant to subsections (a), (b), (c), (d), the city shall make a written demand that the company comply with any such provision, rule, order, or determination under or pursuant to this art icle. If such violation by the company continues for a period of 30 days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the council may take under consideration the issue of termination of the resulting contract from this article. The city shall cause to be served upon company, at least 20 days prior to the date of such a council meeting, a written notice of intent to request such termination and the time and place of the meeting. Notice shall be given of the meeting and issue which the council is to consider. (2) Hearing. The council shall hear and consider the issue, hear any person interested therein, and shall determine whether or not any violation by the company has occurred. (3) Forfeiture. If the council shall determine that the violation by the company was the fault of company and within its control, the council may declare the contract forfeited and terminated, or the council may grant to company a period of time for compliance. (Ord. No. 06-11-04, § 12, 11-21-2006; Ord. No. 07-11-54, § 12, 11-15-2007; Ord. No. 08-11-30, § 12, 11-17-2008; Ord. No. 10-11-84, § 12, 11-15-2010) Editor's note— Section 12 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-93 from "Forfeiture" to "Forfeiture and terminating of contract." Sec. 46-94. - Transfer, sale or conveyance by company. The company shall not transfer, assign, sell or convey any rights granted under any resulting contract from this article without the prior approval of the city council; provided that this section shall not apply to vehicles, replacements, maintenance, upgrades or modifications of equipment, machinery, containers and buildings by company for the purpose of maintaining and continuing its operation within the city; and provided further that company may, in its sole discretion and upon written notice to the city, transfer, assign, sell or convey their rights under this article to a wholly owned subsidiary of the company or to an affiliated entity that is under common control with company (i.e., has a common parent entity). (Ord. No. 06-11-04, § 13, 11-21-2006; Ord. No. 07-11-54, § 13, 11-15-2007; Ord. No. 08-11-30, § 13, 11-17-2008; Ord. No. 10-11-84, § 13, 11-15-2010) Editor's note— Section 13 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-94 from "Transfer, sale or conveyance by company prohibited; exceptions" to "Transfer, sale or con veyance by company." Sec. 46-95. - Foreclosure. upon the foreclosure or other judicial sale of all or a substantial part of the assets and property of the company used for and dedicated to providing service pursuant to this article, the company shall notify the city of such fact, and such notification shall by treated as a notification that a change in control of the company has taken place and the provisions of this article governing the consent of the council to such change in control of the company shall apply. Upon the foreclosure or judicial sale, or the leasing of all or a substantial part of the property and assets of the company dedicated to and used for the purposes of providing service pursuant to this article, without the prior approval of the council, the council may, upon hearing and notice, terminate any contract resulting from this article. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 18 of 21 (Ord. No. 06-11-04, § 14, 11-21-2006; Ord. No. 07-11-54, § 14, 11-15-2007; Ord. No. 08-11-30, § 14, 11-17-2008; Ord. No. 10-11-84, § 14, 11-15-2010) Editor's note— Section 14 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-95 from "Foreclosure or judicial sale" to "Foreclosure." Sec. 46-96. - Receivership and bankruptcy. Cancellation option. The council shall have the right to cancel any contract resulting from this article 120 days after the appointment of a receiver or trustee to take over and conduct the business of the company, whether in receivership, reorganization, bankruptcy, other action or preceding, whether voluntary or involuntary, unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, unless: (1) Trustee compliance. Within 120 days after his election or appointment, such receiver trustee shall have fully complied with all the provisions of this article and remedied all defaults thereunder; or (2) Trustee agreement. Such receiver or trustee, within 120 days, shall have executed an agreement, duly-approved by the court having jurisdiction, whereby the receiver or trustee assumes and agrees to be bound by each and every provision of this article granted to the company. (Ord. No. 06-11-04, § 15, 11-21-2006; Ord. No. 07-11-54, § 15, 11-15-2007; Ord. No. 08-11-30, § 15, 11-17-2008; Ord. No. 10-11-84, § 15, 11-15-2010) Secs. 46-97—46-115. - Reserved. DIVISION 4. - ADDITIONAL PROVISIONS Sec. 46-116. - Retention of city police powers. Sec. 46-117. - Amendments of city ordinances and regulations. Sec. 46-118. - Taxes. Sec. 46-119. - Public necessity. Sec. 46-120. - No suspension of laws. Sec. 46-121. - Peaceful employment. Sec. 46-122. - Endorsements and records. Sec. 46-123. - Acceptance by company. Sec. 46-116. - Retention of city police powers. The city retains and reserves all of its police powers and the rights, privileges, and immunities that it now has under the law to regulate, patrol and police the streets and public ways within the city, and the granting of any contract as a result of this article shall in no way interfere with the improvements to, or maintenance of, any street, alley or public way, and the rights of the city to use said streets, alleys and public ways. (Ord. No. 06-11-04, § 16, 11-21-2006; Ord. No. 07-11-54, § 16, 11-15-2007; Ord. No. 08-11-30, § 16, 11-17-2008; Ord. No. 10-11-84, § 16, 11-15-2010) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 19 of 21 Sec. 46-117. - Amendments of city ordinances and regulations. The city reserves the right and power, pursuant to its police power, after due notice to company, to modify, amend, alter, change or eliminate any rules, regulations, fees, charges and rates of the city, and to impose such additional conditions, that are not inconsistent with the rights granted by this article, upon the company and all persons, firms or entities of the same class as the company, as may be reasonably necessary in the discretion of the city council to preserve and protect the public, health, safety and welfare and/or insure adequate service to the public. (Ord. No. 06-11-04, § 17, 11-21-2006; Ord. No. 07-11-54, § 17, 11-15-2007; Ord. No. 08-11-30, § 17 11-17-2008; Ord. No. 10-11-84, § 17, 11-15-2010) Editor's note— Section 17 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-117 from "Reservation to amend city ordinances and regulations" to "Amendments of city ordinances and regulations." Sec. 46-118. - Taxes. The company shall promptly pay all lawful ad valorem taxes, levies and assessments, if any, that are imposed upon the company. Absent an administrative or judicial challenge, or appeal, the failure to pay any such tax, levy or assessment shall be a breach of this article. (Ord. No. 06-11-04, § 18, 11-21-2006; Ord. No. 07-11-54, § 18, 11-15-2007; Ord. No. 08-11-30, § 18, 11-17-2008; Ord. No. 10-11-84, § 18, 11-15-2010) Editor's note— Section 18 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-118 from "Payment of taxes required" to "Taxes." Sec. 46-119. - Public necessity. The council hereby finds and declares that the public welfare, convenience and necessity require the service which is to be furnished by the company. (Ord. No. 06-11-04, § 19, 11-21-2006; Ord. No. 07-11-54, § 19, 11-15-2007; Ord. No. 08-11-30, § 19, 11-17-2008; Ord. No. 10-11-84, § 19, 11-15-2010) Editor's note— Section 19 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-119 from "Disposal of solid waste deemed public necessity" to "Public necessity." Sec. 46-120. - No suspension of laws. All provisions of the ordinances of the city as now existing or as may be amended from time to time, and all provisions of the statutes of the State of Georgia applicable to general law cities shall be a part of any resulting contract from this article as fully as if the same had been expressly stated herein, and said the city retains and may exercise all of the governmental and police powers and all other rights and powers not directly inconsistent with the terms, conditions and provisions of this article. (Ord. No. 06-11-04, § 22, 11-21-2006; Ord. No. 07-11-54, § 22, 11-15-2007; Ord. No. 08-11-30, § 22, 11-17-2008; Ord. No. 10-11-84, § 22, 11-15-2010) Editor's note— Section 22 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-120 from "City ordinances and state law considered part of contract" to "No suspension of laws." STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 20 of 21 Sec. 46-121. - Peaceful employment. From and after the effective date of this article, the city and the company shall be and are hereby authorized and entitled to act in reliance upon the terms, conditions and provisions of this article and any resulting contract and, subject thereto, the company shall collect rat es for service, operate and conduct its business and work within the city, and enjoy the benefits and privileges of this article during the term hereof. (Ord. No. 06-11-04, § 23, 11-21-2006; Ord. No. 07-11-54, § 23, 11-15-2007; Ord. No. 08-11-30, § 23, 11-17-2008; Ord. No. 10-11-84, § 23, 11-15-2010) Editor's note— Section 23 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-121 from "City and company to rely on this chapter" to "Peaceful employment." Sec. 46-122. - Endorsements and records. The city clerk is directed to make endorsements as appropriate over his/her official hand and the seal of the city on the form provided at the conclusion of this article, for the public record and convenience of the citizens, of the date upon which this article is finally passed and adopted. (Ord. No. 06-11-04, § 25, 11-21-2006; Ord. No. 07-11-54, § 25, 11-15-2007; Ord. No. 08-11-30, § 25, 11-17-2008; Ord. No. 10-11-84, § 25, 11-15-2010) Sec. 46-123. - Acceptance by company. Within 30 days after the passage of this article, or within 30 days of establishing a business within the corporate city limits, all companies operating a residential or commercial refuse waste service shall file with the city its acceptance of the terms and provisions of this article, and request for contract. The acceptance and request for contract shall be in writing on the company's letterhead and provide as follows: City of Milton Attention: City Manager 13000 Deerfield Parkway, Suite 107A/B Milton, GA 30004 ____________ (the "Company"), acting by and through an officer who is acting within its official capacity and authority, hereby accepts the City of Milton Solid Waste Ordinance to operate a refuse and solid waste collection and disposal system within the City as said Ordinance is set forth and provided herewith. The Company agrees to be bound and governed by each term, provision and condition of the Ordinance, to accept and to give the benefits provided by the Ordinance, and to perform each service and duty set forth and provided for in the Ordinance in a businesslike and reasonable manner and in compliance with the Ordinance. Company: ..... By: ..... STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 21 of 21 Printed Name: ..... Title: ..... (Ord. No. 06-11-04, § 26, 11-21-2006; Ord. No. 07-11-54, § 26, 11-15-2007; Ord. No. 08-11-30, § 26, 11-17-2008; Ord. No. 10-11-84, § 26, 11-15-2010) Editor's note— Section 26 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-123 from "Written acceptance of company required" to "Acceptance by company." Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 1 of 22 U11-02/VC11-04 RA/ U00-010 U11-02/VC11-04 USE PERMIT FOR INNER QUEST CHURCH PROPERTY INFORMATION ADDRESS 12830 New Providence Road DISTRICT, LAND LOT 2/2, 1093 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 (Agricultural) ACRES 5.0 EXISTING USE 3,800 sq. ft. church building PROPOSED USE New 8,320 square foot sanctuary OWNER Inner Quest Church ADDRESS 12830 New Providence Road Milton, GA 30004 REPRESENTATIVE Patrick Abent, Inner Quest Church ADDRESS 12830 New Providence Road Milton, GA 30004 PHONE 770-521-2875 COMMUNITY DEVELOPMENT RECOMMENDATION – OCTOBER 25, 2011 U11-02 - APPROVAL CONDITIONAL VC11-04 – Parts 1-4 - APPROVAL CONDITIONAL INTENT A Use Permit to expand the existing 3,800 square foot church to add a new building consisting of an 8,320 square foot sanctuary for a total of 12,120 square feet within 2 buildings and a total of 224 seats. The applicant is also requesting a 4 part concurrent variance for the following: 1) To reduce the 75 foot undisturbed buffer and 10 foot improvement setback along the west property line where the existing parking lot encroaches to a 25 foot undisturbed buffer and 10 foot improvement setback (64-1141(3)(b.)); 2) To reduce the 75 foot undisturbed buffer and 10 foot improvement setback along the north property line where the existing and proposed parking encroach to a 25 foot undisturbed buffer and 10 foot improvement setback (64-1141(3)(b)); 3) To allow a 5 over 12 roof pitch (64-1146(3)(a)); 4) To increase the front setback from 30 feet from the landscape strip to 250 feet (64- 1145(3) (b)). Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 2 of 22 U11-02/VC11-04 RA/ U00-010 PLANNING COMMISSION RECOMMENDATION – OCTOBER 25, 2011 U11-02 - APPROVAL CONDITIONAL 6-0 VC11-04 – Parts 1-4 - APPROVAL CONDITIONAL 6-0 Staff notes that there was no one in opposition at the Planning Commission meeting. The following items were discussed during the hearing: 1) The position of the existing driveway and the requirements to upgrade the apron to commercial standards and move it south to meet sight distance requirements. Staff stated that these requirements will be met at the time of the issuance of the Land Disturbance Permit. 2) The current attendance numbers and how long into the future the proposed expansion will provide adequate space. The applicant indicated that there are currently around 90 people in attendance and the proposed 224 seats will provide more than enough room for expansion. There are no plans to have a day care or private school on the site. Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 3 of 22 U11-02/VC11-04 RA/ U00-010 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 4 of 22 U11-02/VC11-04 RA/ U00-010 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 5 of 22 U11-02/VC11-04 RA/ U00-010 FUTURE LAND USE PLAN Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 6 of 22 U11-02/VC11-04 RA/ U00-010 SITE PLAN SUBMITTED SEPTEMBER 2, 2011 Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 7 of 22 U11-02/VC11-04 RA/ U00-010 Entrance to site on New Providence Existing church building Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 8 of 22 U11-02/VC11-04 RA/ U00-010 Side of existing church building Existing barns to be demolished for new building Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 9 of 22 U11-02/VC11-04 RA/ U00-010 View of site looking toward New Providence Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 10 of 22 U11-02/VC11-04 RA/ U00-010 Looking toward the west property line Fence located approximately inside 75 foot undisturbed buffer along north property line Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 11 of 22 U11-02/VC11-04 RA/ U00-010 East side of New Providence Road Looking north on New Providence Road Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 12 of 22 U11-02/VC11-04 RA/ U00-010 EXISTING USES Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 13 of 22 U11-02/VC11-04 RA/ U00-010 Existing uses and zoning of nearby property Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North, West, Northwest and East 1 AG-1 (Agricultural) Scattered single family residences and equestrian farms Minimum 1 acre Further East 2 Z97-141 CUP (Community Unit Plan) Waterside Subdivision 2.25 u/a 2,000 sq.ft. South 3 AG-1 (Agricultural) Single Family Residences Minimum 1 acre Further South 4 AG-1 (Agricultural) City of Milton Fire Station #41 N/A Southwest 5 FC – A (Fulton County Annexed)City of Roswell Single Family Residences N/A SUBJECT SITE: The subject site is a 4.98 acre tract of agriculturally zoned land, located on the west side of New Providence Road. Staff notes that the location map indicates three parcels that are currently being combined. The subject site is developed with an existing church within a 3,800 square foot single story brick residence and two barns pursuant to U00-010. The applicant is proposing an 8,320 square foot sanctuary, 2 story building. Per the site plan the barns will be demolished. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on September 2, 2011, Staff offers the following considerations: PARKING REQUIREMENTS Section 64-1410, Off Street parking calculations for churches require 1 seat per 30 square feet in the largest assembly area. The applicant has indicated there will be temporary chairs and not permanent seating in the sanctuary. The size of the largest assembly area (sanctuary) is 1,482 square feet in size and will require a total of 50 parking spaces of which three will be handicapped. Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 14 of 22 U11-02/VC11-04 RA/ U00-010 The site plan indicates a total of 50 spaces of which 42 gravel parking spaces are currently developed. An additional five (5) gravel parking spaces will be provided and three (3) handicapped spaces. 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 The proposed site plan meets all of the development standards of Section 64- 1804 for churches. Northwest Fulton Overlay District LANDSCAPE STRIPS AND BUFFERS Sec 64-1141(1) (b.) requires a 10 foot landscape strip along all public streets. The site plan indicates compliance with this requirement. VC11-04 – Part 1 - To reduce the 75 foot undisturbed buffer and 10 foot improvement setback along the west property line where the existing parking lot encroaches to a 25 foot undisturbed buffer and 10 foot improvement setback . Section 64-1141 (3) (b.) of the Northwest Fulton Overlay District requires a 75 foot undisturbed buffer, with a 10 foot improvement setback, located adjacent to all AG-1 (Agricultural) zoning districts and all property zoned, used, or developed for residential uses. The applicant is requesting a concurrent variance to reduce the undisturbed buffer and 10 foot improvement setback to 25 feet along the west property line where six existing parking spaces are located. In addition, the encroachment is approximately 110 feet wide along the west property line that has a total length of 415 feet. There is a significant amount of vegetation providing a visual buffer from the adjacent property to the west. Staff notes that the parking was correctly located on the site, pursuant to Z00-010, prior to the adoption of the Northwest Fulton Overlay District’s requirement for larger undisturbed buffers. Therefore, it is an “exceptional condition not caused by the applicant” (Sec 64.1883) and Staff recommends VC11-04, Part 1 be APPROVED CONDITIONAL. VC11-04 – Part 2 - To reduce the 75 foot undisturbed buffer and 10 foot improvement setback along the north property line where the existing and proposed parking encroach to a 25 foot undisturbed buffer and 10 foot improvement setback Section 64-1141 (3) (b.) of the Northwest Fulton Overlay District requires a 75 foot undisturbed buffer, with a 10 foot improvement setback, located adjacent to all Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 15 of 22 U11-02/VC11-04 RA/ U00-010 AG-1 (Agricultural) zoning districts and all property zoned, used, or developed for residential uses. The applicant is requesting a concurrent variance to reduce the 75 foot undisturbed buffer and 10 foot improvement setback to 25 feet along the north property line where seven existing parking spaces are located. There is a significant amount of vegetation providing a visual buffer from the adjacent property to the north. Staff notes that the parking was correctly located on the site, pursuant to Z00-010, prior to the adoption of the Northwest Fulton Overlay District’s requirement for larger undisturbed buffers. Therefore, it is an “exceptional condition not caused by the applicant” (Sec 64.1883) and Staff recommends VC11-04, Part 2 be APPROVED CONDITIONAL. 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. The site plan meets this requirement for parking location. BUILDING HEIGHT AND ROOF PITCH Sec. 64-1145(4) of the Northwest Fulton Overlay District requires a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. The proposed building is 17 feet 6 inches in height from average-finished grade to the bottom of the eave at its highest point. VC11-04 – Part 3 To allow a 5 over 12 roof pitch (64-1146(3)(a)). The applicant is requesting to decrease the roof pitch from 8 over 12 to 5 over 12 and states that the request is intended to support the preservation of the farm-like, naturalistic ambience of the area. Secondly, the new structure will not be seen from New Providence Road. In addition, there will not be a steeple on the roof so that it will blend in with the naturalistic ambience of the area. It is Staff’s opinion that the requested variance would not offend the spirit or intent of the ordinance including but not limited to preserve and to ensure the harmony and compatibility of the character of the area including its physical appearance, natural setting and informal landscaping and to provide for the construction of buildings and spaces that are human in scale, welcoming and approachable. Therefore, based on the above consideration Staff recommends VC11-04 – Part 3 be APPROVED CONDITIONAL. BUILDING SETBACKS VC11-04 – Part 4 - To increase the front setback from 30 feet from the landscape strip to 250 feet (64-1145(3) (b)). Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 16 of 22 U11-02/VC11-04 RA/ U00-010 Sec. 64-1145 (3) (b) of the Northwest Fulton Overlay District requires a maximum 30-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 more than 400 feet from an intersection. It is Staff’s opinion that the requested variance would not offend the spirit or intent of the ordinance including but not limited to preserve and to ensure the harmony and compatibility of the character of the area including its physical appearance, natural setting and informal landscaping and to provide for the construction of buildings and spaces that are human in scale, welcoming and approachable. Secondly, there is an extraordinary and exceptional situation pertaining to the front portion of the property adjacent to New Providence Road where the strict application of the ordinance would create an unnecessary hardship. There is a dense woodland population of trees including hickory, umbrella magnolia, beech, sweet gum, dogwoods, American holly, loblolly pine and oak. It also represents a cross section of primarily native hardwoods and evergreen upland species of trees as well as native rhododendrons found in mature undeveloped woodlands in the area. The existing water oaks, maples and pines are specimen size per the City of Milton’s Tree Preservation Ordinance. Based on the conclusion of the above considerations for the concurrent variance, Staff recommends that VC11-04, Part 4 be APPROVED CONDITIONAL. PUBLIC INVOLVEMENT On September 28, 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 Thursday, October 6, 2011 between the hours of 7:00 p.m. and 8:00 p.m. There was no one who attended the meeting. Public Comments – Staff has received one phone call from a nearby property owner who was not in support of the proposed expansion. City of Milton Design Review Board Meeting – October 4, 2011 New building should be similar in style to the existing farm building/house as possible and incorporate materials. Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 17 of 22 U11-02/VC11-04 RA/ U00-010 Difference between the required 8/12 roof pitch, and the requested 5/12 pitch is about 7 vertical feet. Prefer higher pitch. Lower roof looks more industrial. Consider dormers, or some treatment to break up mass of roof. Consider wider vertical bands of Hardi Plank. Consider top of building vertical; bottom horizontal. Consider a 5” wide siding which is reflective of older buildings. Since the north side of the property is adjacent to residential, provide adequate landscaping to create buffer. Likes the idea of gravel parking lot/minimizing asphalt. Take into consideration the look of buildings across the street. Although the building is not prominent on the property now, it could be in the future as the church expands. 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 species. The new construction will not impact any historical or archeological entities. City of Milton Fire Marshal The site may need to provide an additional fire hydrant based on the size and location of the new building. City Arborist Existing trees are to remain throughout most of the site with the exception of the area of the proposed sanctuary. None of the trees currently located within this area are specimen or significant trees. Undisturbed buffers shall be required to be planted to buffer standards where sparsely vegetated. City of Milton Building Official Based on the type and number of occupancy, sprinkling of the building will be required. The City of Milton 2030 Comprehensive Plan The City of Milton 2030 Comprehensive Plan recommends that the subject site be developed as Agricultural, Equestrian, and Estate Residential (AEE). Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 18 of 22 U11-02/VC11-04 RA/ U00-010 Use Permit Considerations In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use 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 City of Milton 2030 Comprehensive Pl an: 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 use will not create congestion including the growing traffic on New Providence Road as cited in the applicant’s traffic study. The Milton Trail Plan indicates that the trail shall be on the east side of New Providence Road and not on the subject site. E. The location and number of off-street parking spaces; Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 19 of 22 U11-02/VC11-04 RA/ U00-010 As indicated in the Site Plan Analysis, the subject site requires a total of 50 parking spaces located which are located on the site per the Northwest Fulton Overlay District. In addition, the existing and proposed parking will be gravel with exception of the required handicapped parking spaces. 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 and requested concurrent variances, the existing wooded areas and sparsely vegetated areas planted to buffer standards will provide adequate screening to the adjacent AG-1 (Agricultural) zoned properties. H. Hours and manner of operation; The applicant has stated that the operations for the church will be on Sunday from 9:30 a.m. to 11:30 a.m. and on Tuesday from 7:30 p.m. to 8:30 p.m. In addition, the building will be open for general administrative and counseling functions Monday through Friday, 9:00 a.m. to 4:00 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 New Providence Road. The driveway will be required to be improved to meet minimum site distance standards and provide for two-way traffic. These requirements are reflected in the Recommended Conditions. Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 20 of 22 U11-02/VC11-04 RA/ U00-010 CONCLUSION The proposed church is consistent with Council and Plan Policies, Use Permit Considerations 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 U11-02 for the proposed expansion of the church. In addition, Staff recommends APPROVAL CONDITIONAL of VC11-02, Parts 1-4. Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 21 of 22 U11-02/VC11-04 RA/ U00-010 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) Restrict the use of the subject property to a 224 seat church and accessory uses, for a total of 12,120 square feet within two buildings at a maximum density of 2,430 square feet per acre, whichever is less. 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 September 2, 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) To allow the existing parking area to encroach into the 75 foot buffer and 10 foot improvement setback along the west property line as depicted on the site plan referenced in Condition 2a. (VC11-04 – Part 1) b) To allow the existing and proposed parking to encroach into the 75 foot buffer and 10 foot improvement setback along the north property line as depicted on the site plan referenced in Condition 2a. (VC11-04 – Part 2) c) To allow a 5 over 12 roof pitch on the proposed new building. (VC11-04 – Part 3) d) To provide a 250 foot front building setback from the front landscape strip for the proposed new building. (VC11-04 – Part 4) Prepared by the Community Development Department for the Mayor and City Council Meeting on November 7, 2011 10/31/2011 Page 22 of 22 U11-02/VC11-04 RA/ U00-010 e) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Permit. Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. Driveway shall be relocated to meet minimum sight distance requirements. ii. Driveway shall be modified to provide for two way traffic at a minimum width of 24 feet. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 1 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: October 26, 2011 for the November 21, 2011, City Council Meeting (November 14, 2011 Work Session) Agenda Item: RZ11-18 – To create Article VI, Division 26 of the Zoning Ordinance (Chapter 64 of the City Code) – H (Historic) District CMO (City Manager’s Office) Recommendation: The Mayor and City Council to hear and approve the attached text amendment to create a new H (Historic) District, Article VI, Division 26 of the City of Milton Zoning Ordinance. Background: Article 18 of the City of Milton Zoning Ordinance “Historic Preservation Commission” was adopted by the City of Milton Mayor and City Council on June 21, 2010. Prior to the adoption of the HPC Ordinance, the Historic Preservation Committee discussed a tool to help preserve historic buildings in the City by adopting a Prior Use section. After further discussions, the Historic Preservation Committee chose an alternative method to help preserve historic buildings, a new zoning district called the H (Historic) district. This proposed new zoning district was included in the adopted Historic Preservation Commission Ordinance on June 21, 2010. After the adoption of the Ordinance, Staff forwarded it to Leigh Burns from the Georgia Historic Preservation Division for her review and comment. There were several items that she requested be removed from the adopted ordinance, one of which was the H (Historic) District stating that only issues of preservation and not land use issues are under the purview of the HPC. On October 17, 2011 the Mayor and City Council approved a text amendment that reflected those items. The Historic Preservation Commission recommended that the H (Historic) District be created outside of the HPC Ordinance to provide a tool for preserving historic buildings. Discussion: The purpose of the new zoning district is to allow for a Historic structure to be used, protected, renovated and preserved based on its historic value to the community. It allows a specific, previous use to continue in the structure where the use would be considered non-conforming as defined in the current Zoning Ordinance. In addition, It would be implemented in a similar fashion as a CUP (Community Unit Plan) or MIX (Mixed Use) whereas the applicant would propose the development standards for the subject site that allows flexibility to conform to grandfathered non-conforming sites. The applicant shall provide to Staff proof that the proposed use previously existed on the subject site and the use must continue in the original structure. In addition, the structure must be designated as Historic by the City of Milton Historic Preservation Commission (HPC) and must City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 2 be completed prior to the City accepting a rezoning application for the structure, unless otherwise determined by the Community Development Director it is in the best interest of the City to process the designation together because of the risk of probable demolition. Lastly, if the permitted use ceases to exist on the subject site for more than six (6) months the zoning shall revert back to the district in force at the adoption of the Zoning Ordinance. The H (Historic) District was first proposed and discussed at a joint work session with the Historic Preservation Commission and Planning Commission on August 24, 2011. The proposed text amendment was on the Community Zoning Information Meeting agenda on September 28, 2011. No one was in attendance. The Planning Commission reviewed the proposed ordinance on October 25, 2011 and had the following concerns with the proposed ordinance:  It is their opinion that it is a tool for “spot zoning” and would create precedence for future non-residential zonings in the area.  Questions regarding the reversion of the zoning district if the use ceases for more than 6 months.  Requested that Staff provide an analysis in the staff report comparing the applicant’s request for development standards of the H (Historic) district with any concurrent variances required for a traditional zoning district for the site. After further deliberation, the Planning Commission recommended approval (5-1) of the text amendment with the changes proposed by the Planning Commission. A red lined version is provided that represents changes recommended by the Planning Commission. Alternatives: The Mayor and City Council may choose to approve, deny or defer the Text Amendment to create Article VI, Division 26 of the Zoning Ordinance (Chapter 64 of the City Code) – H (Historic) District to the City of Milton Zoning Ordinance. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney Page 1 of 2 RZ11-18 – Text Amendment to Create the H Historic District prepared for the November 7, 2011 Mayor and City Council Meeting Edits by the Planning Commission are shown in red Division 26 H HISTORIC DISTRICT Sec 64-952 Scope and intent. (a) The regulations set forth in this division are the H district regulations. The H district is intended to allow for a hHistoric structure to be used, protected, renovated and preserved, based on its historic value to the community. It may allow a specific, previous use to continue in a structure where that use would be considered nonconforming as defined in the current City of Milton Zoning Ordinance. This will help preserve the rich traditions of history and culture evident in Milton’s original settlement. Sec. 64-953 Use regulations. Within the H district, land and structure shall be used in accordance with standards herein. (a) The permitted use of the structure shall be approved is subject to approval by the Milton City Council, per the rezoning process as outlined in Article XIV of the City of Milton Zoning Ordinance. (b) The applicant shall offer proof that the proposed use previously existed on the subject site. Historic pictures of the site, deeds, bills of sale, and/or personal affidavits will be acceptable proof. (c) The proposed use must continue in the original structure. (d) The structure must be designated as Historic by the City of Milton Historic Preservation Commission. The designation process must be completed prior to the City accepting a rezoning application for the structure, unless the Community Development Director determines that it is in the best interest of the City to process the designation and zoning applications together because of the risk of probable demolition. (e) The use is shall be compatible with the surrounding residential neighborhood. (f) The use does shall not result in the removal of historical characteristics of the structure or site, including mature landscaping. (g) If the permitted use ceases to exist on the subject site for more than six (6) months the zoning shall revert back to the district in force at the adoption of this Zoning Ordinance. Sec. 64-954 Development standards. After first taking into account the subject site’s overlay district and City of Milton Zoning Ordinance as it pertains to the requested use, Tthe following standards shall may be determined by conditions set forth by the Milton City Council without the need for a variance: (a) Height (b) Minimum lot area (c) Density (d) Minimum lot width (e) Minimum development frontage Page 2 of 2 RZ11-18 – Text Amendment to Create the H Historic District prepared for the November 7, 2011 Mayor and City Council Meeting Edits by the Planning Commission are shown in red (f) Minimum lot frontage (g) Minimum heated floor area (h) Minimum front yard setback (i) Minimum side corner setback (j) Minimum side yard setback (k) Minimum rear setback (l) Minimum accessory structure requirements (m) Buffers (n) Parking requirements (o) Parking lot tree requirements (p) Lighting requirements (q) Fencing requirements (r) Signage While the Zoning conditions shall have precedencet, all other requirements of the subject site’s Overlay District and the City of Milton Zoning Ordinance shall be maintained. Sec. 64-695 Other regulations. The following headings contain provisions applicable to the H district: 1. Development regulations: article XVII of this zoning ordinance. 2. Exceptions: article II, division 3 of this zoning ordinance. 3. Floodplain management: article IV of this zoning ordinance. 4. Off-street parking and loading: article VIII of this zoning ordinance. 5. Outside storage: article II, division 2 of this zoning ordinance. 6. Landscape area and buffer regulations: article III of this zoning ordinance. 7. Signs: article XVI of this zoning ordinance. 8. Noise study report: section 64-2131. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ11-18 AN ORDINANCE TO CREATE A NEW ZONING DISTRICT IN ARTICLE VI, DIVISION 26, OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) CALLED THE H (HISTORIC) DISTRICT BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on November 21, 2011 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Chapter 64, Article VI, Division 26 to create a new zoning district to be called the H (Historic) District to assist in preserving historic property or properties as set forth in Article XVII, “Historic Preservation Commission” and; SECTION 2. That by adopting this ordinance, may allow a historic building, as designated by the City of Milton Historic Preservation Commission, original use or uses for the said structure to operate within the City 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 21st day of November, 2011 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 10-01-126, A RESOLUTION APPOINTING A BOARD MEMBER TO THE DESIGN REVIEW BOARD FOR DISTRICT 3 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on November 7, 2011 at 6:00 p.m. as follows: SECTION 1. That __________ (District 3) is hereby appointed for a term commencing November 7, 2011 and ending on December 31, 2013; and SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 7th day of November, 2011. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk (Seal) City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: October 21, 2011 for the November 7, 2011 Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Precision Planning, Inc. for the design of the SR 9 Public Safety Facility Background: In February 2011 the city purchased a five acre tract on SR 9 for purpose of developing a public safety facility on the site. In order to develop this property the city issued a Request for Qualifications (RFQ) to identify an architectural firm to assist with the design and development of the site. Discussion: The city issued a Request for Qualifications in July 2011 to identify qualified architectural firms to provide programming, construction documents and construction administration services related to the development of the Public Safety facility on SR 9. A selection committee made up of representatives from the Fire, Police, Public Works and Finance Departments was created to select a qualified firm that met the requirements established in the RFQ. The selection committee evaluated 23 submittals and narrowed that down to a short list of firms that were interviewed by the committee. As a result of this process the committee selected Precision Planning, Inc. as the most qualified consultant to provide these services to the city. In accordance with the City of Milton Purchasing Policy the selection committee is recommending approval of the Professional Services Agreement with Precision Planning, Inc. in the amount of $324,980. Legal Review: Professional Services Agreement– Paul Higbee, Jarrard & Davis on 10/21/2011 Attachments: 1. Professional Services Agreement with Precision Planning, Inc. ricity of Milton AGREEMENT FOR ARCHITECTURAL SERVICES Highway 9 Public Safety Facility This Agreement for Architect Services (the "Agreement") is made and entered into this day of , 2011, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Council (hereinafter referred to as the "City"), and Precision Planning, Inc. (hereinafter referred to as the "Architect"). WITNESSETH: WHEREAS, the City issued a Request for Qualifications (11-RFQ01) issued July 18, 2011, to solicit qualified firms for the design of the Public Safety Facility on Highway 9; and WHEREAS, based upon ARCHITECT'S qualifications and subsequent proposal to provide Architectural Services, dated October 17, 2011, the City selected ARCHITECT to provide such services; and WHEREAS, ARCHITECT has agreed to perform the services set forth in this Agreement, according to the terms and conditions provided in this Agreement; NOW THEREFORE, the City and ARCHITECT, 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 Qualifications, attached hereto as Exhibit "A"; (c) Architect's Proposal, attached hereto as Exhibit `B"; (d) Professional Liability and other Insurance Binders as required by this Agreement and Exhibit "C"; (e) 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; and (f) Milton City Code of Ethics. In the event of any conflict among the terms of the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work (a) ARCHITECT shall provide architectural and consulting services in fulfillment of City needs, requirements, and/or obligations for the design of the Highway 9 Public Safety Facility (hereinafter referred to as the "Project"). The architectural services provided by ARCHITECT pursuant to this Agreement shall include, but are not necessarily limited to, preparation of plans, studies, permit applications, specifications, sketches, cost projections, reports, presentations, assessments, project construction coordination and oversight, etc., as specified and/or required by the City. Such work is further defined in Exhibit "A" and Exhibit "B". (b) The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the ARCHITECT and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the ARCHITECT shall proceed with the changed work. (c) Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the ARCHITECT. (d) The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. Section 3. Term ARCHITECT and City agree that the term of the Project is through the timely completion 2 of the construction of the Project and applicable warranty periods. The term of this Agreement shall commence upon the issuance of the Notice to Proceed from the City and shall terminate absolutely and without further obligation on the part of the City on December 31, 2011, provided that this Agreement, absent written notice of non -renewal provided by the City to ARCHITECT at least thirty (30) days prior to December 31, 2011, shall automatically renew on January 1, 2012 and on January 1 of each year thereafter or until the completion of the terms of this agreement. The City may terminate this Agreement upon a breach of any provision of this Agreement by ARCHITECT and ARCHITECT's subsequent failure to cure such breach within fifteen (I 5) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain with the ARCHITECT until fully paid by the City. Section 4. Architectural Rate ARCHITECT shall provide services based on the Proposal attached hereto as Exhibit "B". Reimbursables shall be billed at the direct rate; no mark-up or administrative fees will be paid by the City. Mileage shall be billed at a rate no greater than the standard IRS mileage rate. Section 5. Expertise of Professional Services Consultant ARCHITECT 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 a single entity with requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely completion of the Project undertaken by ARCHITECT pursuant to this Agreement. By executing this Agreement, ARCHITECT represents to the City that ARCHITECT is professionally qualified to act as ARCHITECT for the Project and is licensed to practice architecture by all public entities having jurisdiction over ARCHITECT and the Project. ARCHITECT assumes full responsibility to the City for the improper acts and omissions of its consultants or others employed or retained by ARCHITECT in connection with the Project. Section 5. Additional Responsibilities of ARCHITECT (a) The ARCHITECT shall provide professional services consisting of attendance at necessary meetings, preparation of estimates, preliminary studies, and preliminary plans, completion of work drawings, detailed specifications, revisions as requested by the City, large scale and full sized detailed construction drawings, assistance in drafting of advertisements for bids, forms of proposals and contracts for use in the competitive bid process for construction, mechanical, electrical, plumbing, civil, and structural engineering services, and general project supervision through completion of the construction of the Project and the applicable warranty periods. Execution of this Agreement by ARCHITECT constitutes a representation that ARCHITECT has become familiar with the Project site and the local conditions under which the Project is to be implemented. In the event the Project includes the renovation of, or addition to, any existing 3 facility or structure, ARCHITECT shall carefully examine and inspect such facility or structure, and all design documents shall be properly coordinated and integrated with same. (b) ARCHITECT shall furnish the documents and provide the services herein required in such sequence and at such time as is necessary for prompt completion of the Project. ARCHITECT agrees to adhere to work plans and schedules as agreed to in writing between ARCHITECT and the City (the "Schedule"), which Schedule may be reasonably adjusted as required during the course of the particular Project with the written agreement of both ARCHITECT and the City. (c) ARCHITECT agrees and acknowledges that budgetary limitations, whether for architectural or construction services, are not a justification for breach of sound principals of design and engineering. ARCHITECT shall take no calculated risk in the design of the Project. Specifically, ARCHITECT agrees that, in the event it cannot perform the required services for the Project within the budgetary limitations established without disregarding sound principals of design and engineering, or in the event ARCHITECT is requested by any person, agency, or public body to make changes which will increase the cost of the Project to an amount that is in excess of the budgetary limitations established by the City, ARCHITECT will give written notice immediately to the City. ARCHITECT agrees that, in the absence of an amendment to this Agreement in writing, ARCHITECT will not perform the required services for the Project in a manner that it estimates will cost in excess of the budget established and set forth by the City for the Project. (d) ARCHITECT acknowledges and agrees that the City does not undertake to approve or pass upon matters of design or engineering and that, therefore, the City bears no responsibility for ARCHITECT's services performed under this Agreement. ARCHITECT acknowledges and agrees that the acceptance of plans and specifications by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of design or engineering. ARCHITECT further agrees that no approval of plans and specifications by any person, body or agency shall relieve ARCHITECT of the responsibility for adequacy, fitness, suitability, and correctness of architectural design or for performing services under this Agreement in accordance with sound and accepted design and engineering principals. (e} ARCHITECT acknowledges that it may receive confidential information of the City. ARCHITECT agrees to protect the confidentiality of any such confidential information, provided that the City specifically designates the information as confidential upon provision of the information to ARCHITECT. ARCHITECT shall require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. 4 (f) ARCHITECT agrees that it shall not engage in any activity or conduct that would be in violation of the Milton City Code of Ethics_ (g) ARCHITECT must have timely information and input from the City in order to perform the services required under this Agreement. ARCHITECT is entitled to rely upon information provided by the City, but shall be required to provide immediate written notice to the City if ARCHITECT knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. (h) ARCHITECT specifically acknowledges that TIME IS CE THE ESSENCE for the implementation of the Project and the performance of its obligations hereunder. ARCHITECT specifically agrees to adhere to the priorities established by the City with regard to the Project from time to time. (i) Elizabeth Hudson, AIA shall be authorized to act on ARCHITECT'S behalf with respect to the Project as ARCHITECT'S designated representative. (j) ARCHITECT agrees that it shall be in compliance with all applicable local, state, and federal regulations during the performance of this Agreement. (k) ARCHITECT agrees that it shall apply for, and obtain, all required permits or inform the City of the need to do so. (1) ARCHITECT shall administer all construction contracts related to the Project as directed by the City pursuant to Section 6.1 below and consistent with any construction contracts entered into by the City and related to the Project. (m) In the event ARCHITECT acquires knowledge of any asbestos located in the Project, it shall immediately notify the City in writing. Absent a failure to comply with this notice requirement, ARCHITECT shall have no liability or responsibility to the City for asbestos, or the removal or treatment of same, unless otherwise agreed in writing. Section 6.1. Contract Administration (a) The ARCHITECT shall provide administration of the Construction Contract as set forth below and shall perform those duties and discharge those responsibilities set forth herein and in the contract ("the Construction Contract") to be executed by and between the City and a contractor. (b) The ARCHITECT shall represent the City during construction. Instructions and other appropriate communications from the City to the Contractor shall be communicated through the ARCHITECT unless the City determines otherwise. The ARCHITECT shall act on behalf of the City only to the extent provided herein and in the Construction Contract. (c} The ARCHITECT shall carefully observe the work of the contractor whenever and wherever appropriate and no less frequently than once each week. If, however, in the opinion of the ARCHITECT, observations more frequently than once each week are required to protect the City's interest, the ARCHITECT shall so notify the City in writing, and the City may elect to require the ARCHITECT to make more frequent Project observations, and unless such observations are otherwise required by this Agreement, the ARCHITECT shall be compensated for same pursuant to the applicable provisions of this Agreement. It is expressly agreed, however, that the observations required by this Paragraph are in addition to any and all other observations which may be required elsewhere in this Agreement. The purpose of the observations required by this Paragraph is to determine the quality, quantity and progress of the work in comparison with the requirements of the Construction Contract. In making such observations, the ARCHITECT shall exercise care to protect the City from defects or deficiencies in the work, from unexcused delays in the schedule and from overpayment to the contractor. Following each such inspection the ARCHITECT shall submit a written report of such observations, together with any appropriate comments or recommendations, to the City. (d) The ARCHITECT shall at all times have access to the Work wherever it is located. (e) The ARCHITECT shall determine amounts owed to the contractor based upon inspections of the Work, evaluations of the contractor's rate of progress and upon evaluations of the contractor's applications for payment, and shall issue certificates for payment to the City in such amounts. (f) The issuance of a certificate for payment shall constitute a representation by the ARCHITECT to the City that the ARCHITECT has made an inspection of the work and that the work has progressed to the level indicated, that the quality of the Work meets or exceeds the requirements of the Construction Contract, and that, to the best of the knowledge, information and informed belief of the ARCHITECT, the contractor is entitled to payment of the amount certified. (g) The ARCHITECT shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance thereunder by the contractor. The ARCHITECT shall render written or graphic interpretations necessary for the proper execution or progress of the work with reasonable promptness on request of the Contractor. (h) The ARCHITECT's decisions in matters relating to aesthetic effect shall be final if consistent with the intent of the Construction Contract. 2 (i) The ARCHITECT shall reject work which does not conform to the Construction Contract unless directed by the City, in writing, not to do so. Whenever, in the ARCHITECT's opinion, it is necessary or advisable, the ARCHITECT shall require special inspection or testing of the work in accordance with the provisions of the Construction Contract whether or not such work is fabricated, installed or completed. (j} The ARCHITECT shall review and approve, or take other appropriate action upon, the contractor's submittals such as shop drawings, product data, samples, and certificates of insurance. Approval by the ARCHITECT of the contractor's submittal shall constitute the ARCHITECT's representation to the City that such submittal is in conformance with the Construction Contract. Such action shall be taken with reasonable promptness so as to cause no delay to the Contractor or the Proj ect. (k) The ARCHITECT shall review and advise the City concerning proposals and requests for change orders from the Contractor, including the reasonableness and accuracy of the proposed cost of same. The ARCHITECT shall prepare change orders for the City's approval and execution in accordance with the Construction Contract. (1) The ARCHITECT shall conduct an inspection to determine the date of substantial completion and the date of final completion, shall receive and forward to the City for the City's review written warranties and related documents required by the Construction Contract and assembled by the contractor, and shall, when appropriate, issue a final certificate for payment. (m) The ARCHITECT shall, without additional compensation, promptly correct any errors, omissions, deficiencies or conflicts in the ARCHITECT's work product. (n) The ARCHITECT shall indemnify and hold harmless the City from and against all liability, claims, losses, costs and expenses arising out of, or resulting from, any negligent performance of professional services of the ARCHITECT or from the ARCHITECT's breach of any term or condition of this Agreement. In the event the City is alleged to be liable on account of alleged acts or omissions, or both, of the ARCHITECT, the ARCHITECT shall defend such allegations through mutually agreeable counsel and the ARCHITECT shall bear all costs, fees and expenses of such defense. Section 7. Responsibilities of the City (a) The City shall provide information as reasonably requested by ARCHITECT (unless the provision of such information is within the duties required by ARCHITECT under this Agreement), in a prompt manner so as to assist ARCHITECT in achieving compliance with the Schedule. 7 (b) The Public Works Director shall be authorized to act on the City's behalf with respect to the Project as the City's designated representative. The Public Works Director shall render decisions and respond to ARCHITECT in a timely manner so as to assist ARCHITECT in achieving compliance with the Schedule. (c) In the event that the City becomes aware of any errors, omissions, inconsistencies, or other problems in the documents and planks provided by ARCHITECT, the City shall provide timely notice in writing to ARCHITECT advising ARCHITECT of same. Section 8. Method of Compensation; Time of Payment. ARCHITECT'S total compensation to be paid for all services rendered and costs incurred by ARCHITECT in completion of such services pursuant to this Agreement shall not exceed the City's overall budget for the Project for which such services are performed by ARCHITECT. City will compensate the ARCHITECT on an hourly rate, not to exceed, basis in the following phases: Pre Design/Schernatic Design/Contractor Procurement $48,830 Construction Documents/Permitting $178,480 Construction Administration $97,670 Total Compensation (not to exceed) $324,980 During the performance of said services, monthly payments shall be made by the City to ARCHITECT. On or about fifteen (15) days after the close of each calendar month during the performance of services pursuant to this Agreement, ARCHITECT shall submit to the City a statement in a form acceptable to the City and accompanied by appropriate supporting documentation demonstrating the services that were completed during such calendar month for the Project, and the compensation that is due for the same. The City shall review the statement and approve it with such modifications as are consistent with this Agreement. In the event that the City becomes credibly informed that any representations of the ARCHITECT regarding payment are wholly or partially inaccurate, the City may withhold payment of sums then or in the future otherwise due to the ARCHITECT until the inaccuracy, and the cause thereof, is corrected to the City's reasonable satisfaction. The City shall pay each such statement as approved within thirty (30) days after approval of the invoice by City staff, provided that the approval or payment of any such statement shall not be considered to be evidence of performance by ARCHITECT to the point indicated by ARCHITECT on such statement or of receipt of acceptance by the City of the services enumerated in such statement. Within five (5) days of receipt of each payment from the City, ARCHITECT shall promptly pay all fees owed to subconsultants and provide the City with written certification of sanrke on a monthly basis. No payments will be made for unauthorized work. Payments will not be hand delivered. Section 9. Work Product Ownership. The City shall be the absolute and unqualified owner of all preliminary arrangements, work product, analysis, agreements, cost estimates, plans, or other documents prepared pursuant to this Agreement with the same force and effect as if the City had prepared same. ARCHITECT agrees to deliver to the City, upon request, all such information and work product. ARCHITECT may retain copies of such documents and information for use in the normal course of its business. The City, to the extent if any allowed by law, shall hold harmless the ARCHITECT from any unauthorized use or misuse of these instruments of service. Section 10. Independent Contractor. ARCHITECT will be an independent contractor under this Agreement, and will assume all rights, obligations, and liabilities applicable to it as such independent contractor hereunder. Any provisions of this Agreement that may appear to give the City the right to direct ARCHITECT as to the details of the services to be performed by ARCHITECT herein or to exercise a measure of control over such services will be deemed to mean that ARCHITECT shall follow the directions of the City with regard to the results of such services only. Section 11. Subconsultants, Successors and Assigns. ARCHITECT shall not subcontract with any third party for the performance of any portion of the Services without the prior written approval of the City. ARCHITECT shall be solely responsible for compensating any subconsultant it desires to retain. ARCHITECT shall not assign its rights hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the City. Subject to the provisions of the immediately preceding sentence, the City and ARCHITECT, respectively, bind themselves, their successors, assigns and legal representatives to the other party to this Agreement and to the successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Section 12. Termination, Suspension of Agreement. (a) The City or ARCHITECT may terminate this Agreement for convenience at any time by giving at least thirty (30) days prior written notice to the other party. If this Agreement is terminated, the ARCHITECT shall be compensated for work actually performed at the agreed -to rates as covered in Section 4 of this Agreement, provided work product actually completed as of termination is delivered to City. Notice of Termination shall be given by the terminating party to the other party as addressed in Section 15(e) of this Agreement. The effective date of termination shall be thirty (30) days after the date of receipt of notice. (b) The City may terminate this Agreement for cause if ARCHITECT breaches any material provision of this Agreement. The City shall give ARCHITECT at least seven (7) days prior written notice of its intent to terminate the Agreement and the reasons therefore, and, if ARCHITECT fails to cure the default within that period, the termination shall take place without further notice. In the event of a termination for cause, ARCHITECT shall not be entitled to further payment until the work required under this Agreement on any Project that is active and ongoing at the time of such termination is completed by others. If the cost of completing the work required under this Agreement, combined with previous payments to ARCHITECT, exceed E the overall budget for the particular Project assigned to ARCHITECT in accordance with this Agreement, ARCHITECT shall 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 12(a). (d) The City may, without cause, order ARCHITECT, in writing, to suspend its performance hereunder in whole or in part. In the event any such suspension is for a consecutive period of less than thirty (34) days, or if multiple suspensions of less than thirty (30) days each do not exceed a cumulative total of forty-five (45) days, no additional compensation shall be due ARCHITECT as a result of such suspension or suspensions. Otherwise, ARCHITECT shall be compensated for the actual and reasonable costs resulting from such suspension or suspensions provided, however, the suspension or suspensions did not result from ARCHITECT's wrongful act or omission. Section 13. Venue, Jurisdiction of Disputes. Any dispute between the parties shall be subject to venue and jurisdiction in the Superior Court of Fulton County, Georgia. Section 14. Indemnification and Insurance. ARCHITECT shall indemnify and hold harmless the City, its officers, boards, commissions, elected officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, result from willful, negligent or tortious conduct and/or omission arising out of performance of professional services by the ARCHITECT, any subconsultant, anyone directly or indirectly employed by the ARCHITECT or subconsultant or anyone for whose willful, negligent or tortious acts the ARCHITECT or subconsultant may be legally 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 such claims against the City or any of its agents or employees, by any employee of the ARCHITECT, any subconsultant, anyone directly or indirectly employed by the ARCHITECT or subconsultant or anyone for whose acts the ARCHITECT or subconsultant 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 ARCHITECT or any subconsultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Throughout the term of this Agreement, ARCHITECT and all of its subconsultants shall maintain insurance as outlined in Exhibit "C," attached hereto and incorporated herein by reference. ARCHITECT and all subconsultants shall provide the City with certificates of insurance and endorsements as required. All required insurance policies shall provide that the City is an additional insured and that the policies shall not be canceled without thirty (30) days 10 prior written notice as prescribed in Section 15(e), or at such other address as may be provided by the City in the future. Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to this Section 14 of this Agreement. Section 15. 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 Manager's Office Attn: Chris Lagerbloom 13000 Deerfield Parkway, Suite 107A Milton, Georgia 30004 With a copy to (copy shall not constitute notice to the CITY): Director of Public Works Attn: Carter Lucas, PE 13000 Deerfield Parkway, Suite 107G ll Milton, Georgia 30404 NOTICE TO ARCHITECT shall be sent to: Precision Planning, Inc Attention: Elizabeth Hudson, AIA 404 Pike Boulevard P.O. Box 2214 Lawrenceville, Georgia 34046 (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 Maieure. Neither the City nor ARCHITECT 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 ARCHITECT; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. (h) Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. (i) No Third-PgAy Beneficiaries. Nothing contained herein shall create a contractual relationship with, or any rights in favor of, any third party_ [SIGNATURES ON THE FOLLOWING PAGE] 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. ARCHITECT: Precision Planning, Inc. By: Its: President [CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: Notary Pu c ""..:", ,:: A y e s [NOTARY SEAL] _ a EXPIRES g x GEORGIA E ar-RIL s, ao _ My Commission Expiresf 5 CITY OF MILTON, GEORGIAilij .Toe Lockwood, Mayor [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: 13 EXHIBIT "A" REQUEST FOR QUALIFICATIONS 14 City ❑f Milton REQUEST FOR QUALIFICATIONS To Provide Architectural Services for the Design and Construction of the Milton Public Safety Facility 1l-RFQ01 City of Milton 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 578-242-2511 Introduction: The City of Milton (City) requests Statement of Qualifications (SOQ) from qualified architectural firms for the Design of a Public Safety Facility. Upon review of qualifications received, the City anticipates awarding a single contract for the services required. Proiect Description: The City was incorporated in 2006 and is in the process of developing and expanding its public facilities. The city is proposing to develop a Public Safety Facility on a 5 acre tract located at 13690 State Highway 9, Milton, Georgia. The facility will consist of two primary structures - a single story, 14,000 A, 3 -bay fire station with administrative offices and a two story, 15,000 sf police station. The police station will house a combined court room/city council chamber. Infrastructure will include the construction of all parking and access drives, a fueling station and all necessary utilities and stormwater management facilities. The city intends to contract separately for the civil engineering design services. The selected Contractor will be required to coordinate all necessary work with the civil engineering firm. The City may consider use of LEED standards during the preliminary design, and the consultant will be asked to make recommendations and to provide cost differentials for consideration and approval. The architectural firm selected will be required to incorporate both state and national standards for fire, police, and court facility and operational requirements as determined by various legal, accrediting, and best practices guidelines and agencies. The project site currently shares access from Highway 9 with an office development to the south. Shared access with that facility will need to be maintained throughout the life of the project. The city is also currently working on a joint venture with the Fulton County School Board to provide access to Bethany Bend High School that is currently under construction on a parcel to the west of the proposed public safety facility. It is the intent of the City that the access to the high school be designed and constructed by the school board, but this project may require extensive communication and coordination with the Fulton County School Board and/or other Fulton County departments_ The Scope of Services may include, but are not limited to, the following: • Programming and project scope development, • Site adequacy confirmation based on previously developed site plan, • Development of floor plans and operational features, ■ Schematic design development, including structural elevations and landscape design, • Preparation of construction documents and specifications, including necessary landscape, irrigation and site lighting plans. The city will contract for civil engineering services separate from this RFQ, ■ Development of detailed project schedules and cost estimates, ■ Assistance during bidding and construction, • Construction monitoring and support, • Shop drawing review and approval, • Coordination and preparation of change orders, ■ Project meeting coordination and minutes preparation, Page 2 of 10 • Minimum of one (1) meeting on site per week during construction phase, • Internal and regulatory agency project approval coordination. It is anticipated that Sub -consultants may be needed for: • Electrical Engineering, • Mechanical Engineering, ■ Structural Engineering, • On and/or Off Site Utility Services, ■ Fire Protection Engineering, • Physical Facility Security Engineering, • Landscape/Irrigation Design. The selected consultant shall be prepared to provide the entire scope of services listed above. The City will not accept a SOQ from firms interested in performing a single function of the scope of services. Firms with a background in only one area of expertise should form a partnership with other firm(s) and submit a single, coordinated SOQ as a team, with one firm identified as the lead consultant, and others listed as sub -consultants. The final scope of work will be finalized by the City and the selected consultant during contract negotiations and incorporated into the final Professional Services contract. Proiect Schedule: Task Date Issue RFQ July 18, 2011 Deadline for Questions July 29, 2011 Answers Posted by the City (Addendum) August 2, 2011 Qualifications Due August 12, 2011 @ 2:00 PM Interview Firms (if necessary) September 12-16, 2011 Award Contract November 7, 2011 Qualification Format: All qualifications shall be submitted in written format. The submittal must be in the format outlined herein. Each submittal will be reviewed to determine if it is complete and properly formatted prior to actual evaluation. A total of six. (6) copies shall be submitted to the City. All written submittals shall be formally bound in spiral type binding and shall be produced in a minimum 11 point font. No 3 ring or similar binders will be accepted. The City will not accept any submittal by facsimile, electronic submission or any other method other than required by this RFQ. Page 3 of 10 Receipt of all Addenda to this RFQ, if any, must be acknowledged by attaching a signed copy of each Addendum to the RFQ submittal. All Addenda shall become part of the requirements of this RFQ. Failure to acknowledge receipt of an Addendum may result in rejection of the SDQ. All Addenda will be posted at same websites as the RFQ. Disclosure form included in this RFQ must be submitted with the Statement of Qualifications. Failure to submit the Disclosure form may result in the rejection of the SDQ. Qualification Content: The response to this RFQ should include background information about the company, its employees, and its experience with related projects and related clients. It should cover the experience of the firm, as well as any consultants on the proposed team. For the purposes of the RFQ, the term "company" shall refer to the prime respondent of this RFQ, or in other words, the company with whom the City will contract. The term "consultant" shall refer to any and all consultants with whom the prime respondent will be including on the project team. The SQQ shall clearly delineate any experience, background, etc. between the prime "company" and "consultants". Specifically, the SOQ should address the following information: Ivey_ Personnel and Qualifications: 1. Company profile listing: name, address, year established, type of ownership, size of company and staff, and an organization chart. If company has multiple offices, please list where the work for this project will be performed. Please also list the number of states in which the company has performed public safety, fire, police and/or court facility design. 2. Information about the overall makeup of the project team, including: the identity of all key personnel, a description of their respective responsibilities and duties, and each team members experience with regional & national fire, police, court and joint public safety facility design projects. 3. Should the firm be selected to participate in an interview, the Company's designated project manager must be present to present the firm's qualifications and take the lead in answering questions. 4. information about any consultants to be included on the team. Identify consultant company name, address, telephone number, contact person, names and job descriptions of key personnel. Identify consultants experience with fire, police, court and joint public safety facility design projects. Past Experience with Similar Proiects: 5. Company's experience as prime designer on a project team. Page 4 of 10 b. Summary of at least five (5) similar projects for which the Company was responsible within the past five (5) years. Each of the project summaries should include the following: a. Description of the facility, including: size, functions housed, construction cost and year completed, b. Pictures of finished facility, c. Design start and completion dates, d. Construction start and completion dates, e. Degree of involvement (principals or consultant), f. Project references including names, addresses, and telephone numbers. 7. Proposed design approach by company for this project. The City desires to procure an architectural firm with extensive public safety design experience to include fire, police, and court facilities. Please describe how the company's perspective on public safety design will be incorporated into the project approach. This should include how the firm will maintain open communications with necessary city staff to include Fire Chief, Police Chief, Court Administrator, Information Technology Director, and others. 8. Past experience with LEER certified projects. Include the Company's or Consultant's role in the project and the level of certification achieved. Proiect Delivery: 9. Current company workload and ability to perform work for this project. 10. The City will review design start and completion dates and construction start and completion dates provided in the project summaries to fulfill this requirement. Miscellaneous: 11. Listing of any pending or settled lawsuits or professional liability claims in which any member of the design team was involved during the past ten (10) years. 12. Provide the billing rates or range for each classification of key staff members, including sub -consultants. 13. Additional information the respondent believes to be relevant to the selection efforts of the City. Evaluation Criteria: In evaluating the SOQ submittals the City is particularly interested in a design team that demonstrates timely, functional and cost effective methods to accomplish the design of the facilities. The City expects that the response to this RFQ will provide adequate information about the team's organizational structure, key personnel and past experience with similar projects. It is the City's intent to bring in for discussion a short- listed group of firms. The selection committee will use the following criteria to evaluate each SOQ: Page 5 of 10 A. Key personnel qualifications (30%) B. Past experience with similar projects (40%) C. Project Delivery (20%) D. Miscellaneous (10%) Qualifications Submission: Submit six (6) copies of the written qualifications no later than 2:00 PM, August 12, 2011 to the Purchasing Department at City Hall in Suite 107G. No qualifications will be accepted after this time. No faxed submission will be accepted. SGQ submittals will be opened in the Court Room in City Hall at approximately 2:05PM and each submitters name will be announced. Due to time limitations of the public safety facility committee members, please limit your submittal to 30 pages. Statements of qualifications longer than 30 pages may be removed from consideration. Submit qualifications to: Rick Pearce Purchasing City of Milton, GA 13000 Deerfield Parkway Suite 107G Milton, GA 30044 Firms are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Rick Pearce. Any unauthorized contact may disqualify the firm from further consideration. All questions regarding this project should be directed to Rick Pearce in writing at rick.pearce@citycfmiltonga.us. General Comments: Firm(s) must be licensed to practice in the State of Georgia. 2. Any cost incurred by respondents in preparing or submitting qualifications for the project shall be the respondents' sole responsibility. 3. All responses, inquiries, or correspondence relating to this RFQ will become the property of the City when received and shall be regarded as public record. 4. The City reserves the right to refuse any or all packages received. 5. The City reserves the right to select an architectural firm without holding interviews. Page 6 of 10 6. The City reserves the right, at its sole discretion, to cancel or modify this RFQ at any time. 7. The City reserves the right to reject any and all submittals or responses at any time. The City reserves the right to request further documentation or information, and to discuss an RFQ submittal for any purpose in order to answer questions or to provide clarification. It shall be the submitters responsibility to ensure delivery of the RFQ to the receptionist's desk at the designated office by the designated time. Late submittals will not be opened and may be returned or destroyed if requested. Regardless of cause, late submittals will not be accepted and will automatically be disqualified from further consideration. Page 7 of 10 DISCLOSURE FORM RESPONDERS MUST RETURN THIS SHEET WITH 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 package when it is submitted. Name of Responder 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: Page 8 of 10 Preliminary Site Plan Page 9 of 10 b Page 10 of 10 EXHIBIT "B" ARCHITECTS PROPOSAL 16 0 Precision Planning, Inc, planners, engineers, architects & surveyors .A Woman Business Enterprise (WBE) October 17,2011 (Revised) Mr. Rick Pearce Purchasing City of Milton 13000 Deerfield Parkway Suite 107G Milton, GA 30004 Re: Milton Public Safety Facility, Architectural and Engineering Services Scope of Services and Fee Proposal Dear Mr. Pearce: Precision Planning, Inc. (PPI) is pleased to offer the attached Scope of Services and Fee Proposal for the new City of Milton Public Safety Facility project. Per your request, the fee proposal is formatted according to anticipated man-hours, with an established Not to Exceed (NTE) fee. General Prolect Understandin It is our understanding that the City of Milton plans to develop a Public Safety Facility on an approximately 5 acre tract along State Highway 9 in Milton, Georgia. The facility is planned to incorporate a 2 -story Police Department/Municipal Court building of approximately 15,000 SF and a 1 -story 3 -bay Fire Station of approximately 14,000 SF, although further study may result in the development of a single building incorporating all departments. The design of the building exterior shall be in compliance with the Highway 9 Overlay District. The project is expected to be "fast -tracked" and to be delivered by the Construction Manager (CM) at Risk method with a Guaranteed Maximum Price (GMP). We further understand that it is the City's goal to consider sustainable design and construction techniques which could result in LEED Certification through the U.S. Green Building Council, although no fixed goal for certification has been set for this project. Scone of Services Pre -Design ] Schern atic Design / Contractor Procurement Phase • Kick-off rneeting with project stakeholders to discuss goals, objectives and vision for the project ■ Interviews with Police, Municipal Court and Fire Departments to determine space needs and projections • Development of a Program Document which tabulates current square footage needs and projected 5 -year, 10 -year and 15 -year needs • Identification of space sharing opportunities between departments, and development of space adjacency diagrams with internal circulation + Development of updated site master plan, in conjunction with the City's contracted Civil Engineer • Development of Schematic Floor Plans and Exterior Elevations, including 3D floor plan views • Preparation of a 3D computer model illustrating building massing and site relationships + Review meetings with project stakeholders (up to 4 meetings this phase) • Presentation/Meetings with City of Milton Design Review Board (up to 3 meetings) • Presentation/Workshops with the City of Milton Mayor and Council (up to 2 meetings) • Modifications to the Schematic Design documents and 3D model as necessary ■ internal kick-off meeting with engineers and specialty sub -consultants • Development of design narratives for proposed engineering and specialty building systems 400 Pike Boulevard • P.0. Box 2210 ■ Lawrenceville, GA 30046-2210 770.338.8000 telephone • 770.822.5990 tax • wv1w.ppi.us Mr Rick Pearce, Purchasing City of Milton October 17, 2011(Revised) Page 2 • Cost/benefit analysis of any proposed building systems discussed for the purpose of LE£D Certification of the project • Development and submittal of preliminary Opinion of Probable Construction Cost for the project ■ Preparation of Schematic Design Document package to be utilized in soliciting proposals from CM at Risk candidates • Assistance with procurement of a qualified CM at Risk, including preparation of Request for Qualifications documents, attendance at Pre -Proposal Conference, acceptance of RFQ . packages, review and recommendation of a "short list," preparation of Request for Proposal documents, and attendance and participation at short list interviews • Submittal of the Final Schematic Design Package, including electronic media and graphic boards for display, and receipt of authorization to proceed with the Construction Documents Phase H. Construction Documents / Permitting Phase • Coordination with CM at Risk in the development of up to three Cost Estimates during this phase ■ Preparation of drawings and specifications suitable for permitting, bidding to various building trades, and construction of the project, to include the following disciplines: o Architecture o Interior Design o Landscape Architecture (including irrigation) a Structural Engineering o Mechanical, Plumbing and Fire Protection Engineering o Electrical Engineering (including low voltage, security, and site lighting) o Furniture, Office Equipment and signage ■ Development and presentation of interior and exterior finish boards • Coordination with CM at Risk in development of a GMP for the project at approximately SO% complete CDs, including review and recommendation of the final GMP and list of clarifications • Assistance in developing and executing the Contract for Construction • Coordination with CM at (tisk in issuing of up to 4 early release packages in order to "fast track" the project schedule • Review meetings with project stakeholders (up to 4 meetings this phase) • Assistance with permit review submittal, revisions and final walk-through III. Construction Administration • Weekly site visits by the Architect during construction to observe the progress of the work • Preparation of photographic Field Reports to document progress • Attendance and participation in monthly project meetings • Structural, Mechanical and E=lectrical Engineer site visits for verification at cover up and final punch list generation (up to 3 visits per discipline) • Pay application review and certification • Submittal and shop drawing review • Issuance of ASIS and responses to CM at Risk RFIs • Assistance with project closeout, including punch list walk-through ■ Review and distribution of close out documents • Review and distribution of CM at Risk Record Drawings of as -built conditions Note: Com mun ico tion and direction to the CM during construction sho11 be through the Architect. Mr_ Rick Pearce, Purchasing City of Milton October 17, 2011 (Revised) Page 3 IV. LEED Project Administration (Additional Services) • Green Building "Charette" with stakeholders to identify sustainability goals and potential LEED' strategies • Registration of the project with the U.S. Green Building Council • LEED Administration of the project during design phase, including uploading of LEED submittal templates • Coordination with Mechanical Engineer in preparation of an energy model to evaluate design performance 0 • Submittal of the project to the U.S. Green Building Council for LEED Certification Design Review 0 • LEED Administration services during the construction phase • Coordinations with Commissioning Agent in completion of fundamental building commissioning • Final submittal of the project for LEED Certification • Coordination with U.S. Green Building Council to address outstanding or unsatisfied credits until successful certification of the project has been achieved • • Procurement of the LEED Certified building plaque Note: This scope assumes pursuit of the basic LEED Certified Level. Silver, Gold or Platinum levels will require additional man-hours and fee. Exc_ ___l�asinns 1. Land Surveying. 1 Civil Engineering services - 3. Professional 3D interior renderings of the facility. 4. Testing services, including, but not limited to geotechnical reports or exploration, tests for hazardous materials, or any other environmental tests relating to existing conditions. Please refer to the attached estimate of required man-hours for each phase, and the corresponding Not to Exceed maximum fee. Should you have any questions or require any additional information, please do not hesitate to contact me. Thank you for the opportunity to propose these professional design services and to serve the City of Milton. Sincerely, P�2�� &-,X- Elizabeth A. Hudson, AIA, LEED' AP Senior Vice President LH/kb m:lsoq�Mi€tot?l lic SalCtylshon list •atltlitianal ldol5=�pe and fee p[oposal%mv piop4saI 16-17•ll.doc Attachment. Estimate of Required Man -Hours Mr. Rick Pearce, Purchasing City of Milton October 17, 2011 (Revised) Page 4 MILTON PUBLIC SAFETY FACILITY I. PRE -DESIGN ACHEMATIC DESIGN f CONTRACTOR PROCUREMENT PHASE Estimate of Required Man -Hours Billing Category Hourly Rate Estimated Hours Total Principal in Charge $150.00 80 $1.2,000.00 Project Manager/Architect/LEER AP $130.00 140 $18,200.00 Architectural Job Captain $90.00 40 $3,600.00 Intern Architect $80.00 24 $1,920.00 Sr. Interior Design $85.00 16 $1,360.00 Jr. Interior Design $65.00 18 $1,170.00 Sr. Structural Engineer $120.00 10 $1,200.00 Jr. Structural Engineer $80.00 4 $320.00 Sr. Mechanical Engineer $115.00 6 $690.00 Jr. Mechanical Engineer $85.00 2 $170.00 Sr. Plumbing Engineer $115m 4 $460.00 Jr. Plumbing Engineer $85.00 0 $0.00 Sr. Electrical Engineer $115.00 6 $690.00 Jr. Electrical Engineer $85.00 2 $170.00 Landscape Architect $120.00 8 $960.00 Cast Estimator $110.00 16 $1,760.00 Clerical/Administrative $90.00 24 $2,160.00 Other $0.00 0 $0.00 SUB -TOTAL $46,830.00 REIMBURSABLES (MILEAGE, PHOTOGRAPHS, PRINTING, POSTAGE) $2,000.00 TOTAL -PRE-DESIGN / SCHEMATIC DESIGN j CONTRACTOR PROCUREMENT PHASE $48,830.00 Mr. Rick Pearce, Purchasing City of Milton October 17, 2011 (Revised) Page 5 MILTON PUBLIC SAFETY FACILITY II. CONSTRUCTION DOCUMENTS/ PERMITTING PHASE Estimate of Required Man -Hours Billing Category Principal in Charge Project Manager/Architect/LEER AP Architectural Jab Captain Intern Architect Sr. Interior Design Jr. Interior Design Sr. Structural Engineer Jr. Structural Engineer Sr. Mechanical Engineer Jr. Mechanical Engineer Sr. Plumbing Engineer Jr. Plumbing Engineer Sr. Electrical Engineer Jr. Electrical Engineer Landscape Architect Cost Estimator Clerical/Administrative Other SUB -TOTAL Hourly Rate Estimated Hours Total $150.00 100 $15,000.10 $130.00 240 $31,200.00 $90.00 300 $27,000.00 $80.00 300 $24,000.00 $85.00 28 $2,380.00 $55.00 100 $ 6, 500.00 $120.00 90 $10,800.00 $80.00 69 $5,520.00 $115.00 80 $9,200.00 $85.00 80 $6,800.00 $115.00 60 $5,900.00 $85.00 60 $5,100.00 $115.00 80 $9,200.00 $85.00 80 $5,800.00 $120.00 24 $2,880.00 $110.00 0 $o.00 $90.00 80 $7,200.00 $0.00 C $0.00 $176,480.00 REIMBURSABLES (MILEAGE, PHOTOGRAPHS, PRINTING, POSTAGE) $2,000.00 TOTAL -CONSTRUCTION DOCUMENTS/ PERMITTING PHASE $178,480.00 Mr. Rick Pearce, Purchasing City of Milton October 17, 2011 (Revised) Page 6 MILTON PUBLIC SAFETY FACILITY M. CONSTRUCTION ADMINISTRATION PHASE Estimate of Required Man -Hours Billing Category Hourly Rate Estimated Hours Total Principal in Charge $150.00 60 $9,000.00 Project Man ager/Architect/LEER AP $130.00 260 $33,800.00 Architectural Jab Captain $90.00 200 $18,000.00 Intern Architect $80.00 80 $6,400.40 Sr. Interior Design $85.00 0 $0,00 Jr. Interior Design $65.00 0 $O.QO Sr. Structural Engineer $120,00 55 $6,600.00 Jr. Structural Engineer $80.00 18 $1,440.00 Sr. Mechanical Engineer $115.00 30 $3,450.00 Jr. Mechanical Engineer $85.00 3 $255.00 Sr. Plumbing Engineer $115.00 30 $3,450.00 Jr. Plumbing Engineer $85.00 2 $170.00 Sr. Electrical Engineer $115.00 30 $3,4S0.00 Jr. Electrical Engineer $85.00 3 $255.00 La n d sca p e A rchi tect $120.00 22 $2,640.00 Cost Estimator $110.00 0 $0.00 Clerical/Administrative $90.00 64 $5,760.00 Other $0.00 0 $0.00 SUB -TOTAL $94,670.00 REIMBURSABLES (MILEAGE, PHOTOGRAPHS, PRiNT[NG, POSTAGE) $3,000.00 TOTAL -CONSTRUCTION ADMINISTRATION PHASE $97,670.00 Mr. Rick Pearce, Purchasing City of Milton October 17, 2011 (Revised) Page 7 MILTON PUBLIC SAFETY FACILITY IV. LEED PROJECT ADMINISTRATION (ADDITIONAL SERVICES) Estimate of Required Man -Hours Billing Category Principal in Charge Project Manager/Architect/LEER AP Architectural Joie Captain Intern Architect Sr. Interior Design Jr. Interior Design Sr. Structural Engineer Jr. Structural Engineer Sr. Mechanical Engineer Jr. Mechanical Engineer Sr. Plumbing Engineer Jr. Plumbing Engineer Sr. E=lectrical Engineer Jr. Electrical Engineer Landscape Architect Cost Estimator Clerical JAd mi nistra tive Other SUB -TOTAL Hourly Rate Estimated Hours Total $150.00 24 $3,600.00 $130.00 100 $13,000.04 $90.00 40 $3,600.00 $80.00 80 $6.400.00 $85.00 8 $680.00 $65.00 8 $520.00 $120.00 4 $480.00 $80.00 0 $0.00 $115.00 8 $920.00 $85.00 24 $2,040.00 $115.00 8 $920A0 $85.00 24 $2,040.00 $115.00 8 $920.00 $85.00 24 $2,040.00 $120.00 24 $2,880.00 $110.00 0 $0.00 $90.00 40 $3,600.00 $0.00 0 $0.00 REIMBURSABLE EXPENSES (MILEAGE, PHOTOGRAPHS, PRINTING, POSTAGE) TOTAL -LEED PROJECT ADMINISTRATION Note: This estimate does not take into account additional costs that may be incurred by the Civil Engineer or Construction Manager of Risk in the pursuit of LEED Certification. $43,640.00 $5,000.00 $45,640.00 Mr. Rick Pearce, Purchasing Ci[y of Milton October 17, 2011 (Revised) Page 8 MILTON PUBLIC SAFETY FACILITY SUMMARY OF PHASES 1. PRE -DESIGN / SCHEMATIC DESIGN / CM PROCUREMENT PHASE $48,830.00 11. CONSTRUCTION DOCUMENTS/ PERMITTING PHASE $178,480.00 111. CONSTRUCTION ADMINISTRATION PHASE $97,670.00 TOTAL DESIGN SERVICES FEE NOT TO EXCEED $324,980.00 IV. LEED PROJECTADMINISTRA TION (A00iTIONAL SEROCES) $48,640.00 EXHIBIT "C' PROFESSIONAL LIABILITYAND OTHER INSURANCE 18 C CUP3557T552 B BA3463P10209 D UB3376T67310 A 680-3462P93A E AEE72398-02 1,000,000 5,000,000 Professional Liability 500,000 An nual Aggregate 10,000 5,000 5,000,000 500,000 1,000,000 2,000,000 $2,000,000 Each Claim 300,000 $2,000,000 Professional Liability 2,000,000 500,000 1,000,000 X X X X X X X X X E AEE72398-02 10/27/2010 10/27/2011 10/27/2010 10/27/2011 9/21/2011 9/21/2012 10/27/2010 10/27/2011 10/27/2010 10/27/2011 9/21/2011 9/21/2012 10/20/2011 Crow Friedman Group of Georgia, Inc. 1255 Lakes Pkwy Bldg 100 Suite 120 Lawrenceville, GA 30043 City of Milton 13000 Deerfield Parkway Suite 107A Marietta, GA 30004- Precision Planning, Inc. P.O. Box 2210 Lawrenceville, GA 30046-2210 Phoenix Insurance Company Tr avelers Indemnity Co of Connecticut Hudson Specialty Insurance Company Charter Oak Fire Insurance Company Tr avelers Property & Casualty Co. of America 30 (678) 690-5990 JOBEPRECPLA-01 DATE (MM/DD/YYYY)ACORD CERTIFICATE OF LIABILITY INSURANCETM PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: INSURER B: 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 BY 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 ADD'L POLICY EFFECTIVE POLICY EXPIRATIONPOLICY NUMBER LIMITSLTRINSRDDATE (MM/DD/YY)DATE (MM/DD/YY)TYPE OF INSURANCE GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurence) CLAIMS MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ PRO-POLICY LOCJECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $(Ea accident)ANY AUTO ALL OW NED AUTOS BODILY INJURY $(Per person)SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $(Per accident)NON-OW NED AUTOS PROPERTY DAMAGE $(Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC $OTHER THAN AUTO ONLY:AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $$ WC STATU-OTH-WORKERS COMPENSATION AND TORY LIMITS EREMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE © ACORD CORPORATION 1988ACORD 25 (2001/08) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. ______ A RESOLUTION AUTHORIZING THE EXECUTION OF CERTAIN EASEMENT DEEDS AND A QUITCLAIM DEED REGARDING PROPERTIES OWNED BY THE CITY OF MILTON, GEORGIA AND THE FULTON COUNTY BOARD OF EDUCATION WHEREAS, the City of Milton and the Fulton County Board of Education (the “School Board”) desire to exchange certain property interests (the “Exchange”) related to the City’s property at 13690 Highway 9, Milton, Fulton County, Georgia, Tax Parcel No. 22-5250-0903-007-3 (the “City Property”) for the construction of a shared access drive and other improvements regarding the Property and adjacent property owned by the School Board; and WHEREAS, the Exchange shall include a reciprocal easement agreement between the City and the School Board in substantially the form attached hereto as Exhibit “A” (the “School Easement”), and the deeding by the City of a portion of the City Property to the School Board by special quitclaim deed with reversion in substantially the form attached hereto as Exhibit “B” (the “Quitclaim Deed”); and WHEREAS, pursuant to O.C.G.A. § 36-37-6(e)(2)(D) the City may transfer property interests to a governing authority such as the School Board for public purposes; and WHEREAS, the Exchange shall include the deeding of easement interests by State Bank & Trust Company to the City and the School Board in substantially the form attached hereto as Exhibit “C” (the “Bank Easement”); and WHEREAS, the Mayor and the City Council desire to authorize the Exchange and to authorize the City Manager to execute all documents necessary to the consummation of the Exchange; NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA, that the City Manager is authorized to execute the School Easement, the Quitclaim Deed, and the Bank Easement, as well as any other documents that may be reasonably necessary to consummate the Exchange. RESOLVED this _____ day of ____________, 2011. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk Exhibit A School Easement After recording, please return to: Brock Clay Calhoun & Rogers, LLC Attn: Cheryl V. Shaw, Esq. 49 Atlanta Street Marietta, GA 30060 FULTON COUNTY, GEORGIA RECIPROCAL EASEMENT AND AGREEMENTS This Reciprocal Easement and Agreements (the “Agreement”) is made this the __ day of __________, 2011 by and between the FULTON COUNTY BOARD OF EDUCATION, a political subdivision of the State of Geo rgia (“FCS”) and the CITY OF MILTON (the “City”) [FCS and City sometimes collectively referred to herein as the “Parties” and separately as a “Party”]. W.I.T.N.E.S.S.E.T.H. WHEREAS, FCS is the owner in fee of that certain tract or real property located in Land Lots 898 & 903 of the 2nd District, 2nd Section, Fulton County, Georgia, as more particularly described on Exhibit A attached hereto and incorporated herein by reference (the “School Property”); and WHEREAS, the City is the owner in fee of that certain undeveloped tract or real property located in Land Lot 898 & 903 of the 2nd District, 2nd Section, Fulton County, Georgia, as more particularly described on Exhibit B attached hereto and incorporated herein by reference (the “City Property”); and WHEREAS, FCS acquired a portion of the School Property from the City in exchange for FCS’ agreement to construct a shared access drive; and WHEREAS, the City intends to develop the City Property in the future; and WHEREAS, the parties desire to establish certain agreements concerning the construction and use of the shared access drive, and to grant one another certain non-exclusive and reciprocal easements for the use and benefit of the parties and their respective successors and assigns. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged, FCS and the City hereby grant, covenant and agree as follows: ARTICLE I – GRANT OF EASEMENTS 1.01 Driveway, Sidewalks and Easements. FCS intends to construct a driveway and sidewalks on the School Property for the purpose of providing vehicular and pedestrian ingress and egress to and from the School Property and the public right of way of Highway 9. The driveway and sidewalks shall be constructed in the general area shown on Exhibit C attached hereto and incorporated herein by reference. Prior to construction, FCS shall submit its construction drawings for the Driveway and Sidewalk Area to the City and the City shall have thirty (30) days following approval of the proposed land disturbance activity by the Georgia Soil and Water Conservation Commission to approve said drawings by written notice of approval to FCS. If the City does not issue written notice of approval of the construction drawings to FCS within said thirty (30) day period, then City shall be deemed as having approved said drawings. FCS hereby grants the City a non-exclusive and perpetual easement and right to use the Driveway (the “Driveway Easement”) once constructed on and subject to the terms hereof, for the purposes of ingress, egress and passage by vehicles to and from the City Property and the public right of way of Highway 9 and as shown on Exhibit C. FCS hereby grants the City a non-exclusive and perpetual easement and right to use the Sidewalks (the “Sidewalk Easement”) once constructed on and subject to the terms hereof, for the purposes of pedestrian ingress, egress and passage to and from the City Property and the public right of way of Highway 9 and as shown on Exhibit C. The easements granted in this Section 1.01 shall be for the benefit of, but not restricted solely to, the City and to the employees, agents and invitees of the City; but is not intended to and shall not be construed as creating any rights in or for the benefit of the general public. 1.02. Stormwater Detention and Sediment Facilities, Stormwater and Sediment Easements; Use of Stormwater/Detention/Sediment Facilities. FCS intends to construct a permanent stormwater detention and sediment facility on the School Property in the area shown on Exhibit C-1 attached hereto and incorporated herein by reference, and being hereinafter referred to as “Basin 1.” Prior to construction, FCS shall submit its construction drawings for the Basin 1 stormwater facility to the City and the City shall have thirty (30) days from the date of receipt to approve said drawings by written notice of approval to FCS. If the City does not issue written notice of approval of the construction drawings to FCS within said thirty (30) day period, then City shall be deemed as having approved said drawings. FCS hereby grants the City a non-exclusive and perpetual easement for the purpose of flow and drainage of stormwater, surface water and sediment from the City Property into the Basin 1 stormwater facility now or hereinafter located on the School Property in the Stormwater Facility Easement area shown on Exhibit C-1 and incorporated herein by reference. FCS also grants the City a non -exclusive and perpetual easement for City’s inspection, maintenance and repair of the Basin 1 stormwater facility located on the School Property and FCS grants the City reasonable and necessary ingress, egress and access rights across the School Property to the Basin 1 stormwater facility for purposes of inspection, repair and maintenance. The City hereby grants FCS a non-exclusive and perpetual easement for flow and drainage of stormwater, surface water and sediment from the School Property through and across the City Property into any and all temporary and/or permanent stormwater, detention and/or sediment facilities now existing or hereinafter built or installed on the City Property. In connection with the construction and development of the School Property, FCS will construct a temporary stormwater detention and sediment facility on the City Property in the area shown on Exhibit C-1 attached hereto and incorporated herein by reference, and being hereinafter referred to as “Basin 2” for the benefit of the School Property and for use by FCS until such time as the City constructs a permanent stormwater detention facility on the City Property. Accordingly, City also grants FCS a perpetual construction easement on the City’s Property for the purpose of constructing temporary sediment and stormwater facilities needed or reasonably required for, during or in connection with the construction and or improvement of the School Property in the Stormwater Facility Easement area shown on Exhibit C-1 attached hereto and incorporated herein by reference. 1.03. Temporary Construction and Grading Easements; and Sloping Easements In connection with any construction to be performed by FCS in the construction of the Driveway, the Sidewalks, the Basin 1 and Basin 2 stormwater facilities and/or the development and/or improvement of the School Property, the City hereby grants FCS temporary construction and grading easements and incidental encroachments upon the City Property which may occur as a result of the construction, and reasonable ingress and egress rights, commencing on the date hereof and terminating on the later of the completion of all such construction or thirty-six (36) months from the date hereof . in the areas shown on Exhibit C-2 attached hereto and incorporated herein by reference. City also grants FCS non-exclusive and perpetual sloping easements on the City Property as shown on Exhibit C-2 attached hereto and incorporated herein by reference (the “Slope Easements”) and the right to repair and maintain the slopes within the Slope Easements. The City grants FCS reasonable and necessary ingress, egress and access rights across the City Property to the Slope Easement area for purposes of inspection, repa ir and maintenance of the slopes. 1.04 Sewer Easement. FCS hereby grants and conveys to City a perpetual, non-exclusive, appurtenant easement over and through a portion of the School Property, as more particularly shown on Exhibit C-3 attached hereto and incorporated herein by reference for the purpose of tying into the sanitary sewer line and facilities on the School Property (the “Sewer Easement”). FCS is under no obligation to install or construct any sewer line or appurtenant facilities, however if such currently exist or are constructed by FCS, or its successor(s) in title, then City shall have the permanent right to tie into, use, and enjoy said Sewer Easement and the sewer lines and facilities within the Sewer Easement. 1.05 Parking Easement; and Provision of Vehicular Turn Around Area. City hereby grants to FCS, its staff, students and invitees, a perpetual non-exclusive easement to park, after 5:00 p.m. on weekdays, on weekends and holidays, in any and all the public parking areas now exist ing or hereinafter constructed on the City Property, along with reasonable ingress and egress rights to said parking areas. FCS acknowledges and agrees said parking easement is limited to areas now or hereinafter designated for public use. City further c ovenants to construct or provide a vehicular turn around area on the City Property within three hundred (300) feet of the Northwest end of the Driveway Easement Area. ARTICLE II – MAINTENANCE AND OPERATION COVENANTS 2.01 Maintenance and Repair. Upon completion of construction, FCS shall operate, maintain and repair the Driveway and Sidewalks and lighting along the Driveway and Sidewalks in a good functional condition, and FCS shall perform the following routine maintenance: a) Landscape and mulch the FCS property contiguous to the Driveway and Sidewalk; and mow the grass located in said area on an as needed basis. b) Sweep the Driveway and Sidewalks; and remove debris and trash located thereon on an as needed basis c) Maintain and replace the lighting and light bulbs; and pay the electric bills for said lighting. d) Remove snow and / or ice on the Driveway if less than one inch in thickness. e) Repair for driveway for potholes and striping Upon FCS’ completion of construction of the Basin 1 and Basin 2 stormwater facilities, the City shall and hereby does assume the obligation to inspect, maintain and repair the stormwater facilities. Upon FCS’ completion of construction of the Basin 1 and Basin 2 stormwater facilities (collectively the “Stormwater Facility”), the City shall operate, maintain and repair the Stormwater Facility in a structurally sound condition so that it satisfies the drainage function for which it is intended; maintain the Stormwater Facility in a clean and safe condition so as not to constitute a hazard or nuisance to the public; and shall maintain the Stormwater Facility in accordance with all applicable rules, standards and regulations now or hereinafter enacted. In addition, City agrees to and shall perform the following routine maintenance: a) Inspect and clean the Stormwater Facility at least bi-annually. b) Clean the contiguous surrounding area of the Stormwater Facility on a quarterly basis. 2.02 Obligation to Share Costs. Each party shall pay its own construction costs for the improvements and facilities constructed on the property owned by said party. Following completion of construction, however, FCS and the City each covenant and agree to equally split all costs incurred in operating, maintaining, repairing and improving the constructed Driveway, Sidewalks and Stormwater Facility; and the lighting along the Driveway and Sidewalks. Thus, the parties agree to and shall split the maintenance and operation costs incurred under Art icle 2.01 hereinabove. Each party shall invoice the other party on at least a quarterly basis for one -half (1/2) of the operational, maintenance and repair costs, actually incurred by the said party during the preceding quarter. The party receiving the invoice shall pay the invoiced sum in full within forty-five (45) days following receipt of the invoice. Each party shall provide the other party with copies of or access to the receipts and documents supporting the invoice within thirty (30) days followin g receipt of request. The parties shall also split post construction capital expenditures reasonably necessary to keep and maintain the Driveway, Sidewalks, lighting and Stormwater Facility operating in accordance with design specification. Thus, for example, following the expiration of the paving warranty in the event the Driveway reasonably requires repaving then the parties shall equally pay the repaving costs. The parties agree to and shall jointly establish a n annual budget estimating the capital expenditures anticipated during the upcoming fiscal year, for the maintenance of the constructed Driveway, Sidewalks and Stormwater Facility; and the lighting along the Driveway and Sidewalks, or any portion thereof. Said budget shall be established by July 1st of each calendar year. The parties shall strive to split and pay all capital expenditures as incurred. If a party pays a capital expenditure in full, then said party shall invoice the other party for reimbursement of one -half of the expenditure within thirty (30) days following completion of the capital improvement, and the party receiving the invoice shall pay the invoiced sum in full within forty-five (45) days following receipt of the invoice. Each party shall provide the other party with copi es of or access to the receipts and documents supporting the invoice within thirty (30) days following receipt of request. Notwithstanding any provision herein to the contrary, the parties specially stipulate and agree that: (a) Either party may elect to provide more than the minimum requirements set forth in Article 2.01 at said party’s own expense without reimbursement by the other party. For example, the FCS may elect to clean the Stormwater Facility in addition to the bi-annual cleaning by the City, however, the expense incurred by FCS will be FCS’ sole expense without reimbursement by the City. (b) By June 30th of each year, the parties shall reconcile and close out all shared expenses and capital expenditures incurred by either party on or before May 31st of said year. Expenses and capital expenditures incurred on or prior to May 31st shall be invoiced in accordance with the procedures contained hereinabove and closed out no later than June 30th of the following year. 2.03. Notice of Construction on City Property. The City Property is currently undeveloped. Prior to the final approval of the final plans and specifications of the construction of improvements on the City Property, City agrees to and shall provide FCS with a copy of the final civil si te development drawings for review and comment by FCS. FCS shall have thirty (30) days from the date of receipt of the final site development drawings to review and comment on the drawing by written comment to the City. If the FCS does not issue any written comment to the City on the drawings within said thirty (30) day period, then City shall be deemed as having approved said drawings. City also agrees to and shall (a) notify FCS prior to commencing any construction on the City Property under the final civil site development drawings and to provide FCS with anticipated dates and length of construction; (b) establish and require all construction vehicles use a temporary driveway to access and exit the City Property during the construction, so as not to unduly burden the Driveway. If for any reason the Driveway is utilized by any construction vehicles to access and exit the City Property during construction, then City specially stipulates and agrees to and shall repair any and all damage caused to the Driveway by said construction vehicles at City’s sole expense. City and FCS further agree to cooperate in good faith with one another and to use best efforts to coordinate construction on the City Property and on the School Property so as to minimize disruptio n to the use and operation of the other party’s parcel. ARTICLE III – USE RESTRICTIONS 3.01 Use Restrictions. The following operations and uses shall not be permitted by either party on the City Property, the School Property, or any portion of said p roperties, whether or not such operation or use might at any time be permitted by local zoning or city ordinances: A) Mobile home park or trailer park; B) Dry cleaning plant; C) Distilling or smelting operations; Any obnoxious emission of odors or of noxious, caustic or corrosive matters whether toxic or non-toxic, gas, fumes or smoke; D) Pornographic book store or other business selling pornographic or obscene materials of any kind or nature; E) Liquor store or other sale of alcoholic beverages. F) Massage parlors; G) Gambling operations; H) Any entity which permits or uses Hazardous Materials, except that a fueling station is permitted. I) Arcade; K) Car or truck repair facilities; K) Pawn shops; L) Any dumping, disposal, incineration or reduction of garbage or refuse of any nature whatsoever other than handling or reducing waste actually produced on the property form authorized uses in a reasonably clean, sanitary and unobtrusive manner; M) Any entity which sells drug related paraphernalia; N) Strip clubs. ARTICLE IV – GENERAL 4.01 Covenants Run With the Land. Except as otherwise provided herein, this Agreement and all covenants, easements, and agreements contained herein shall inure to the bene fit of and shall be binding upon FCS, the City and their respective successors (including successors-in-title) assigns, legal representatives, contractors, agents, employees, guests, invitees, mortgagees, and tenants. The easements, rights and privileges set forth herein shall be appurtenant to and shall run with the real property which is both hereby burdened and benefited. Any conveyance of the City Property and/or the School Property shall also convey the easements, rights, privileges, duties and obligations contained in this Agreement, regardless of whether specific mention is made of this Agreement and regardless of whether a specific conveyance is made of, or subject to the easements, rights, privileges, duties and obligations herein contained. 4.02 No Forfeiture or Reversion. No breach of the provisions of this Agreement nor any breach by either Party of any covenant or obligation herein contained shall cause a forfeiture, rescission, or reversion of the easements, rights or privileges granted in this Agreement; but such limitation shall not affect, in any manner, any other rights or remedies which any party may have hereunder by reason of any breach of this Agreement. 4.03 Reservation of Rights. The Parties, for themselves and their respective successors and assigns, reserve the all rights to use the easement areas located on the Party’s respective property for any use not inconsistent with the easements, rights, uses and privileges granted and conveyed herein. 4.04 Force Majeure. If either party is delayed, hindered or prevented from performing any act or thing required hereunder by reason of strikes, lock-outs, labor troubles, casualties, inability to procure labor, materials or financing, failure or lack of utilities, governmental laws and regulations, riots, insurrection, war, acts of God, inclement weather, or other causes beyond the reasonable control of either party (“Force Majeure”), the delayed party shall not be liable, and the period of performance of any such act shall be extended for a period equivalent to the period of such delay, provided such party provides written notice of such occurrence to the other party within ten (10) days of such occurrence. The foregoing is inapplicable to the payment of money unless such delay is due to an act arising after a party’s mailing which affects the physical delivery of the payment. 4.05 Entire Agreement. This Agreement contains the entire agreement of the Parties hereto and no amendment or modification shall be valid unless in writing, signed by the Parties hereto and recorded in the Fulton County, Georgia public records. 4.06 Mutual Cooperation. The Parties hereby agree to execute such other documents and instruments, and to perform such other acts as may be reasonably necessary or d esirable to carry out the stated purposes of this Agreement. 4.07 Governing Law. This Agreement shall be governed by, construed, interpreted and enforced in accordance with the laws of the State of Georgia. 4.08 Notices. All notices, requests, demand s and other communications required or permitted under this Agreement (including notice of an address change for purposes of this paragraph) shall be in writing and deemed to be effectively delivered (a) on the date delivered if hand delivered or delivered by overnight mail service; or (b) on the date delivered or refused if sent by certified U.S. mail, return receipt requested with full postage prepaid, and addressed to the receiving Party at the address below. If to FCS: Fulton County Board of Education The Meadows Operation Center 5270 Northfield Boulevard College Park, GA 30349 Attn: Mr. David Knotts, Coordinator of Land Management Fulton County Board of Education 786 Cleveland Ave., SW Atlanta, GA 30315 Attn: Superintendent with a copy to (which copy shall not constitute notice to FCS): Brock, Clay & Calhoun, LLC 49 Atlanta Street Marietta, Georgia 30060 Attention: Cheryl V. Shaw, Esq. If to City: City of Milton 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 Attn: Chris Lagerbloom, City Manager 4.09 Waiver. No failure of either Party to exercise any power given hereunder or to insist on strict compliance by the other Party of its obligations hereunder, and no custom or practice at variance with the terms hereof shall constitute a waiver of the right to demand exact compliance with the terms hereof. 4.10 Severability. If any provision of this Agreement proves invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby and shall be enforc eable to the greatest extent permitted by law. 4.11 Counterparts. This Agreement may be executed in separate counterparts, each of which shall be and original and all of which shall constitute but on instrument. 4.12 Time is of the Essence. Time is of the essence with respect to the performance of all duties and obligation set forth in this Agreement. [signatures appear on the following pages] IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and sealed as of the day and year first above written. Signed, sealed and delivered FULTON COUNTY BOARD OF EDUCATION In the presence of: _________________________ _________________________________________ Witness Linda Schultz, Board Chair _________________________ _________________________________________ Notary Public Dr. Robert Avossa, Superintendent Commission Expires on:_________________ [affix notary seal] Signed, sealed and delivered CITY OF MILTON In the presence of: _________________________ _________________________________________ Witness _________________________ _________________________________________ Notary Public Commission Expires on:_________________ [affix notary seal] EXHIBIT “A” LEGAL DESCRIPTION OF SCHOOL PROPERTY ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 898 & 903 of the 2nd District, 2nd Section, of Fulton County, Georgia and being more particularly described as follows: BEGINNING at a point (1/2 inch Open Top Pin Found) located on the common Land lot corner of Land Lot 897, 898, 903, & and 904, thence following said common land lot line along the westerly line of Land Lot 898, proceed North 01º32’25” East a distance of 83.78 feet to a point (Iron Pin Found); Thence leaving said westerly line of Land Lot 898, proceed North 89º26’15” East a distance of 62.90 feet to a point (Iron Pin Set); Thence proceed South 00º32’09” East a distance of 51.91 feet to a point; Thence proceed along an arc to the right a distance of 21.20 feet, said arc having a radius of 82.69 feet and being subtended by a chord bearing South 32º10’40” East a distance of 21.14 feet to a point; Thence proceed South 24º58’24” East a distance of 104.45 feet to a point; Thence proceed along an arc to the left a distance of 46.85 feet, said arc having a radius of 41.00 feet and being subtended by a chord bearing South 57º42’39” East a distance of 44.34 feet to a point; Thence proceed North 89º33’07” East a distance of 487.19 feet to a point; Thence proceed along an arc to the right a distance of 20.94 feet, said arc having a radius of 91.19 feet and being subtended by a chord bearing South 84º57’37” East a distance of 20.89 feet to a point; Thence proceed South 81º31’12” East a distance of 25.70 feet to a point; Thence proceed South 81º30’22” East a distance of 25.88 feet to a point; Thence proceed along an arc to the left a distance of 14.02 feet, said arc having a radius of 91.00 feet and being subtended by a chord bearing South 85º55’08” East a distance of 14.00 feet to a point; Thence proceed North 89º40’05” East a distance of 147.62 feet to a point; Thence proceed along and arc to the left a distance of 53.33 feet, said arc having a radius of 41.00 feet and being subtended by a curve bearing North 52º24’26” East a distance of 49.65 feet to a point, said point being located on the westerly right-of-way margin of Georgia Highway 9 (aka Cumming Hwy.) (R/W Varies); Thence following said westerly right-of-way margin of said Georgia Highway 9, proceed South 04º38’19” East a distance of 64.74 feet to a point (PK Nail Set); Thence leaving the westerly right-of-way margin of said Georgia Highway 9, proceed South 89º33’07” West a distance of 11.38 feet to a point (PK Nail Set); Thence proceed South 89º33’07” West a distance of 910.50 feet to a point (Iron Pin Set), said point being on the common land lot line of Land Lot 903 and Land Lot 904; Thence following said common land lot line along the westerly line of Land Lot 903, proceed North 00º40’26” West a distance of 151.04 feet to a point (1/2 inch Open Top Found), said point being the POINT OF BEGINNING. Together with and subject to all covenants, easements, and restrictions of record, Parcel described herein containing 1.31 acres of land (57,152 Square Feet), more or less, described on an ALTA/ACSM survey by Frontline Surveying & Mapping, Inc., job number 45307, dated 10/05/2011, also being known as part of 13690 Alpharetta Highway, according to current system of numbering in Fulton County, Georgia. EXHIBIT “B” LEGAL DESCRIPTION OF CITY PROPERTY ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 898 & 903 of the 2nd District, 2nd Section, of Fulton County, Georgia and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, begin at a point (1/2 inch Open Top Pin Found) located on the common Land lot corner of Land Lot 897, 898, 903, & and 904, thence following said common land lot line along the westerly line of Land Lot 898, proceed North 01º32’25” East a distance of 83.78 feet to a point (Iron Pin Found); Thence leaving said westerly line of Land Lot 898, proceed North 89º26’15” East a distance of 62.90 feet to a point (Iron Pin Set), said point being the TRUE POINT OF BEGINNING; THENCE, proceed North 89º26’15” East a distance of 834.70 feet to a point; Thence proceed North 89º26’15” East a distance of 4.64 feet to a point (Iron Pin Set), said point being located on the westerly right-of-way margin westerly right-of-way margin of Georgia Highway 9 (aka Cumming Hwy.) (R/W Varies); Thence following said westerly right-of-way margin of said Georgia Highway 9, proceed South 04º38’19” East a distance of 172.47 feet to a point (PK Nail Set); Thence leaving the westerly right-of-way margin of said Georgia Highway 9, proceed along and arc to the right a distance of 53.33 feet, said arc having a radius of 41.00 feet and being subtended by a curve bearing South 52º24’26” West a distance of 49.65 feet to a point; Thence proceed South 89º40’05” West a distance of 147.62 feet to a point; Thence proceed along an arc to the right a distance of 14.02 feet, said arc having a radius of 91.00 feet and being subtended by a chord bearing North 85º55’08” West a distance of 14.00 feet to a point; Thence proceed North 81º30’22” West a distance of 25.88 feet to a point; Thence proceed North 81º31’12” West a distance of 25.70 feet to a point; Thence proceed along an arc to the left a distance of 20.94 feet, said arc having a radius of 91.19 feet and being subtended by a chord bearing North 84º57’37” West a distance of 20.89 feet to a point; Thence proceed South 89º33’07” West a distance of 487.19 feet to a point; Thence proceed along an arc to the right a distance of 46.85 feet, said arc having a radius of 41.00 feet and being subtended by a chord bearing North 57º42’39” West a distance of 44.34 feet to a point; Thence proceed North 24º58’24” West a distance of 104.45 feet to a point; Thence proceed along an arc to the left a distance of 21.20 feet, said arc having a radius of 82.69 feet and being subtended by a chord bearing North 32º10’40” West a distance of 21.14 feet to a point; Thence proceed North 00º32’09” West a distance of 51.91 feet to a point, said point being the POINT OF BEGINNING. Together with and subject to all covenants, easements, and restrictions of record, Parcel described herein containing 3.63 acres of land (158,046 Square Feet), more or less, described on a survey by Frontline Surveying & Mapping, Inc., job number 45307 -1, dated 10/05/2011, also being known as part of 13690 Alpharetta Highway, according to current system of numbering in Fulton County, Georgia. EXHIBIT C DRIVEWAY AND SIDEWALK AREAS AND EASEMENTS [To be attached to final easement document] EXHIBIT C-1 STORMWATER FACILITIES AND EASEMENTS [To be attached to final easement document] EXHIBIT C-2 GRADING, SLOPING AND TEMPORARY CONSTRUCTION EASEMENTS [To be attached to final easement document] EXHIBIT C-3 SANITARY SEWER EASEMENT [To be attached to final easement document] Exhibit B Quitclaim Deed PLEASE RETURN TO: Brock, Clay, Calhoun & Rogers, LLC 49 Atlanta Street Marietta, GA 30060 Attn: Cheryl V. Shaw, Esq. SPECIAL QUITCLAIM DEED WITH REVERSION STATE OF GEORGIA COUNTY OF FULTON THIS INDENTURE, made as of the ___ day of ________, in the year Two Thousand Eleven (2011), between the CITY OF MILTON, as party or parties of the first part, hereinafter called Grantor, and FULTON COUNTY BOARD OF EDUCATION, as party or parties of the second part, hereinafter called Grantee (the words "Grantor" and "Grantee" to include their respective heirs, successors and assigns where the context requires or permits). WITNESSETH that: Grantor, for and in consideration of the mutual premises set forth hereinbelow and for TEN AND NO/100THS DOLLARS ($10.00) in hand paid at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has quitclaimed, granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does quitclaim, grant, bargain, sell, alien, convey and confirm unto the said Grantee: ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 898 & 903 of the 2nd District, 2nd Section, of Fulton County, Georgia and being more particularly described on Exhibit “A” attached hereto and incorporated herein by reference (the “Property”). TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights, members and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behoof of the said Grantee forever in FEE SIMPLE, except, however, this conveyance is made on the express conditions and covenants, and Grantor and Grantee specially stipulate as follows: 1) Grantee covenants and agrees Grantee or Grantee’s agent shall, at Grantee’s sole expense, construct and install a driveway on the Property, and said construction shall commence within twenty-four (24) months of the date of this Deed. If said driveway is not commenced by Grantee within said 24 month period, then on the first day of the 25th month, all right, title and interest in and to the Property shall automatically, fully and completely revert to and re-vest in Grantor along with the right of immediate possession thereof. 2) The conveyance shall be subject to the matters shown on the attached Exhibit “B” and incorporated herein by reference. IN WITNESS WHEREOF, the Grantor has signed and sealed this deed, and Grantee has accepted same, on the day and year above written. [signatures on the next page] GRANTOR: CITY OF MILTON ___________________ By:_________________________(SEAL) Witness (signature) ___________________ ______________________________ Notary Public (title) [notary seal] ACCEPTED BY GRANTEE: GRANTEE: FULTON COUNTY BOARD OF EDUCATION _________________ Witness By:__________________________________________ Name: Linda Schultz Title: Board Chair _________________ Notary Public By: ________________________________________ Name: Dr. Robert Avossa [notary seal] Title: Superintendent EXHIBIT "A" LEGAL DESCRIPTION of PROPERTY ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 898 & 903 of the 2nd District, 2nd Section, of Fulton County, Georgia and being more particularly described as follows: BEGINNING at a point (1/2 inch Open Top Pin Found) located on the common Land lot corner of Land Lot 897, 898, 903, & and 904, thence following said common land lot line along the westerly line of Land Lot 898, proceed North 01º32’25” East a distance of 83.78 feet to a point (Iron Pin Found); Thence leaving said westerly line of Land Lot 898, proceed North 89º26’15” East a distance of 62.90 feet to a point (Iron Pin Set); Thence proceed South 00º32’09” East a distance of 51.91 feet to a point; Thence proceed along an arc to the right a distance of 21.20 feet, said arc having a radius of 82.69 feet and being subtended by a chord bearing South 32º10’40” East a distance of 21.14 feet to a point; Thence proceed South 24º58’24” East a distance of 104.45 feet to a point; Thence proceed along an arc to the left a distance of 46.85 feet, said arc having a radius of 41.00 feet and being subtended by a chord bearing South 57º42’39” East a distance of 44.34 feet to a point; Thence proceed North 89º33’07” East a distance of 487.19 feet to a point; Thence proceed along an arc to the right a distance of 20.94 feet, said arc having a radius of 91.19 feet and being subtended by a chord bearing South 84º57’37” East a distance of 20.89 feet to a point; Thence proceed South 81º31’12” East a distance of 25.70 feet to a point; Thence proceed South 81º30’22” East a distance of 25.88 feet to a point; Thence proceed along an arc to the left a distance of 14.02 feet, said arc having a radius of 91.00 feet and being subtended by a chord bearing South 85º55’08” East a distance of 14.00 feet to a point; Thence proceed North 89º40’05” East a distance of 147.62 feet to a point; Thence proceed along and arc to the left a distance of 53.33 feet, said arc having a radius of 41.00 feet and being subtended by a curve bearing North 52º24’26” East a distance of 49.65 feet to a point, said point being located on the westerly right-of-way margin of Georgia Highway 9 (aka Cumming Hwy.) (R/W Varies); Thence following said westerly right-of-way margin of said Georgia Highway 9, proceed South 04º38’19” East a distance of 64.74 feet to a point (PK Nail Set); Thence leaving the westerly right-of-way margin of said Georgia Highway 9, proceed South 89º33’07” West a distance of 11.38 feet to a point (PK Nail Set); Thence proceed South 89º33’07” West a distance of 910.50 feet to a point (Iron Pin Set), said point being on the common land lot line of Land Lot 903 and Land Lot 904; Thence following said common land lot line along the westerly line of Land Lot 903, proceed North 00º40’26” West a distance of 151.04 feet to a point (1/2 inch Open Top Found), said point being the POINT OF BEGINNING. Together with and subject to all covenants, easements, and restrictions of record, Parcel described herein containing 1.31 acres of land (57,152 Square Feet), more or less, described on an ALTA/ACSM survey by Frontline Surveying & Mapping, Inc., job number 45307, dated 10/05/2011, also being known as part of 13690 Alpharetta Highway, according to current system of numbering in Fulton County, Georgia. EXHIBIT “B” 1. Reciprocal Easement Agreement between Wooden Cross, L.L.C. and Bethany Bend Village, L.L.C., dated May 9, 2006, filed August 10, 2006, recorded in Deed Book 43203, Page 468. 2. Right of Way Deed (and relinquishment of access rights) from Wooden Cross, LLC to Department of Transportation, dated March 28, 2007, filed April 3, 2007, recorded in Deed Book 44750, Page 203. 3. Right of Way Deed (and relinquishment of access rights) from Wooden Cross, LLC to Department of Transportation, dated March 28, 2007, filed April 2, 2007, recorded in Deed Book 44737, Page 456. 4. Right of Way Easement from Wilbur M. Combs to Southern Bell Telephone and Telegraph Company, dated April 3, 1990, filed April 5, 1990, recorded in Deed Book 13319, Page 328. 5. Boundary Line Agreement between Extra Attic, Windward, LLC and Wilbur M. Combs and Myra B. Combs, dated January 28, 2000, filed February 18, 2000, recorded in Deed Book 28560, Page 134. 6.. Quitclaim Deed from Wooden Cross, LLC to City of Milton, Georgia, dated February 15, 2011, filed February 24, 2011, recorded in Deed Book 49861, Page 198. Exhibit C Bank Easement After recording, please return to: Brock Clay Calhoun & Rogers, LLC Attn: Cheryl V. Shaw, Esq. 49 Atlanta Street Marietta, GA 30060 FULTON COUNTY, GEORGIA RECIPROCAL EASEMENT AND AGREEMENTS This Reciprocal Easement and Agreements (the “Agreement”) is made this the __ day of __________, 2011 by and between the FULTON COUNTY BOARD OF EDUCATION, a political subdivision of the State of Georgia (“FCS”) and CITY OF MILTON (the “City”); and State Bank & Trust Company (“State Bank”) [FCS, City and State Bank sometimes collectively referred to herein as the “Parties” and separately as a “Party”]. W.I.T.N.E.S.S.E.T.H. WHEREAS, FCS is the owner in fee of that certain tract or real prop erty located in Land Lot ___ of the _____District, ____ Section, Fulton County, Georgia, as more particularly described on Exhibit A attached hereto and incorporated herein by reference (the “School Property”); and WHEREAS, the City is the owner in fee of that certain undeveloped tract or real property located in Land Lot ___ of the _____District, ____ Section, Fulton County, Georgia, as more particularly described on Exhibit B attached hereto and incorporated herein by reference (the “City Property”); a nd WHEREAS, State Bank is the owner in fee of that certain tract or real property located in Land Lot 903 of the 2nd District, 2nd Section, Fulton County, Georgia, as more particularly described on Exhibit C attached hereto and incorporated herein by reference (the “Bank Property”); and WHEREAS, City intends to develop the City Property in the future; and FCS is currently developing the School Property; and in connection with said development a driveway will be constructed to provide ingress and egress from Highway 9 to the School Property and City Property. WHEREAS, the parties desire to establish certain agreements concerning the construction and use of the shared access drive, and to grant one another certain non-exclusive and reciprocal easements for the use and benefit of the parties and their respective successors and assigns. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and suf ficiency of which is expressly acknowledged, FCS and the City hereby grant, covenant and agree as follows: 1. Access Easement. The parties hereby grant, convey, declare, create, impose and establish the non-exclusive and reciprocal easements in perpetuity as hereinafter more particularly described for vehicular and pedestrian access, ingress and egress (hereinafter referred to as the “Access Easements”), in, upon and across the Bank Property and City Property to and from the public right-of-way of Highway 9 as shown on Exhibit D attached hereto and incorporated herein by reference. The Access Easement shall be for the benefit of the Parties and each of their subsequent owners and successors-in-title. Furthermore, City shall retain the Access Easement even if a portion of the City Property is conveyed to FCS, as is intended by City. 2. Temporary Construction and Grading Easements; and Sloping Easements. In connection with the construction to be performed by City and FCS in the construction and deve lopment of the City Property and School Property, Bank hereby grants City and FCS temporary construction, grading and sloping easements and incidental encroachments upon the Bank Property which may occur as a result of the construction, and reasonable ingress and egress rights, commencing on the date hereof and terminating on the later of the completion of all such construction or eighteen (18) months from the date hereof in the areas shown on Exhibit E attached hereto and incorporated herein by reference. In connection with said easements, City and FCS agree not to remove any trees planted on the Bank Property as part of the Bethany Bend Village development, without the prior written consent of Bank. City and FCS further agree to provide for the grassi ng with permanent grass of all previously grassed areas within the easement area within thirty (30) days of completion of their respective construction in the easement area, within thirty (30) days of completion of their respective construction in the ease ment area. 3. Covenants Run With the Land. Except as otherwise provided herein, this Agreement and all covenants, easements, and agreements contained herein shall inure to the benefit of and shall be binding upon Parties and their respective successors (including successors-in-title) assigns, legal representatives, contractors, agents, employees, guests, invitees, mortgagees, and tenants. The easements, rights and privileges set forth herein shall be appurtenant to and shall run with the real property which is both hereby burdened and benefited. Any conveyance of the City Property, School Property and/or the Bank Property shall also convey the easements, rights, privileges, duties and obligations contained in this Agreement, regardless of whether specif ic mention is made of this Agreement and regardless of whether a specific conveyance is made of, or subject to the easements, rights, privileges, duties and obligations herein contained. 4. Reservation of Rights. The Parties, for themselves and their respective successors and assigns, reserve the all rights to use the easement areas located on the Party’s respective property for any use not inconsistent with the easements, rights, uses and privileges granted and conveyed herein. 5. Mutual Cooperation. The Parties hereby agree to execute such other documents and instruments, and to perform such other acts as may be reasonably necessary or desirable to carry out the stated purposes of this Agreement. 6. Governing Law. This Agreement shall be governed by, construed, interpreted and enforced in accordance with the laws of the State of Georgia. 7. Notices. All notices, requests, demands and other communications required or permitted under this Agreement (including notice of an address change for purpo ses of this paragraph) shall be in writing and deemed to be effectively delivered (a) on the date delivered if hand delivered or delivered by overnight mail service; or (b) on the date delivered or refused if sent by certified U.S. mail, return receipt req uested with full postage prepaid, and addressed to the receiving Party at the address below. If to FCS: Fulton County Board of Education The Meadows Operation Center 5270 Northfield Boulevard College Park, GA 30349 Attn: Mr. David Knotts, Coordinator of Land Management Fulton County Board of Education 786 Cleveland Ave., SW Atlanta, GA 30315 Attn: Superintendent with a copy to (which copy shall not constitute notice to FCS): Brock, Clay & Calhoun, LLC 49 Atlanta Street Marietta, Georgia 30060 Attention: Cheryl V. Shaw, Esq. If to City: City of Milton 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 Attn: Chris Lagerbloom, City Manager If to Bank: [signatures appear on the following pages] IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and sealed as of the day and year first above written. Signed, sealed and delivered STATE BANK & TRUST CO. In the presence of: _________________________ By: ____________________________________ Witness (signature) Title:____________________________________ _________________________ Attest:__________________________________ Notary Public Secretary Commission Expires on:_________________ [affix notary seal] Signed, sealed and delivered FULTON COUNTY BOARD OF EDUCATION In the presence of: _________________________ _________________________________________ Witness Linda Schultz, Board Chair _________________________ _________________________________________ Notary Public Dr. Robert Avossa, Superintendent Commission Expires on:_________________ [affix notary seal] Signed, sealed and delivered CITY OF MILTON In the presence of: _________________________ _________________________________________ Witness _________________________ _________________________________________ Notary Public Commission Expires on:_________________ [affix notary seal] EXHIBIT “A” LEGAL DESCRIPTION OF SCHOOL PROPERTY ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 898 & 903 of the 2nd District, 2nd Section, of Fulton County, Georgia and being more particularly described as follows: BEGINNING at a point (1/2 inch Open Top Pin Found) located on the common Land lot corner of Land Lot 897, 898, 903, & and 904, thence following said common land lot line along the westerly line of Land Lot 898, proceed North 01º32’25” East a distance of 83.78 feet to a point (Iron Pin Found); Thence leaving said westerly line of Land Lot 898, proceed North 89º26’15” East a distance of 62.90 feet to a point (Iron Pin Set); Thence proceed South 00º32’09” East a distance of 51.91 feet to a point; Thence proceed along an arc to the right a distance of 21.20 feet, said arc having a radius of 82.69 feet and being subtended by a chord bearing South 32º10’40” East a distance of 21.14 feet to a point; Thence proceed South 24º58’24” East a distance of 104.45 feet to a point; Thence proceed along an arc to the left a distance of 46.85 feet, said arc having a radius of 41.00 feet and being subtended by a chord bearing South 57º42’39” East a distance of 44.34 feet to a point; Thence proceed North 89º33’07” East a distance of 487.19 feet to a point; Thence proceed along an arc to the right a distance of 20.94 feet, said arc having a radius of 91.19 feet and being subtended by a chord bearing South 84º57’37” East a distance of 20.89 feet to a point; Thence proceed South 81º31’12” East a distance of 25.70 feet to a point; Thence proceed South 81º30’22” East a distance of 25.88 feet to a point; Thence proceed along an arc to the left a distance of 14.02 feet, said arc having a radius of 91.00 feet and being subtended by a chord bearing South 85º55’08” East a distance of 14.00 feet to a point; Thence proceed North 89º40’05” East a distance of 147.62 feet to a point; Thence proceed along and arc to the left a distance of 53.33 feet, said arc having a radius of 41.00 feet and being subtended by a curve bearing North 52º24’26” East a distance of 49.65 feet to a point, said point being located on the westerly right-of-way margin of Georgia Highway 9 (aka Cumming Hwy.) (R/W Varies); Thence following said westerly right-of-way margin of said Georgia Highway 9, proceed South 04º38’19” East a distance of 64.74 feet to a point (PK Nail Set); Thence leaving the westerly right-of-way margin of said Georgia Highway 9, proceed South 89º33’07” West a distance of 11.38 feet to a point (PK Nail Set); Thence proceed South 89º33’07” West a distance of 910.50 feet to a point (Iron Pin Set), said point being on the common land lot line of Land Lot 903 and Land Lot 904; Thence following said common land lot line along the westerly line of Land Lot 903, proceed North 00º40’26” West a distance of 151.04 feet to a point (1/2 inch Open Top Found), said point being the POINT OF BEGINNING. Together with and subject to all covenants, easements, and restrictions of record, Parcel described herein containing 1.31 acres of land (57,152 Square Feet), more or less, described on an ALTA/ACSM survey by Frontline Surveying & Mapping, Inc., job number 45307, d ated 10/05/2011, also being known as part of 13690 Alpharetta Highway, according to current system of numbering in Fulton County, Georgia. EXHIBIT “B” LEGAL DESCRIPTION OF CITY PROPERTY ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 898 & 903 of the 2nd District, 2nd Section, of Fulton County, Georgia and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, begin at a point (1/2 inch Open Top Pin Found) located on the common Land lot corner of Land Lot 897, 898, 903, & and 904, thence following said common land lot line along the westerly line of Land Lot 898, proceed North 01º32’25” East a distance of 83.78 feet to a point (Iron Pin Found); Thence leaving said westerly line of Land Lot 898, proceed North 89º26’15” East a distance of 62.90 feet to a point (Iron Pin Set), said point being the TRUE POINT OF BEGINNING; THENCE, proceed North 89º26’15” East a distance of 834.70 feet to a point; Thence proceed North 89º26’15” East a distance of 4.64 feet to a point (Iron Pin Set), said point being located on the westerly right-of-way margin westerly right-of-way margin of Georgia Highway 9 (aka Cumming Hwy.) (R/W Varies); Thence following said westerly right-of-way margin of said Georgia Highway 9, proceed South 04º38’19” East a distance of 172.47 feet to a point (PK Nail Set); Thence leaving the westerly right-of-way margin of said Georgia Highway 9, proceed along and arc to the right a distance of 53.33 feet, said arc having a radius of 41.00 feet and being subtended by a curve bearing South 52º24’26” West a distance of 49.65 feet to a point; Thence proceed South 89º40’05” West a distance of 147.62 feet to a point; Thence proceed along an arc to the right a distance of 14.02 feet, said arc having a radius of 91.00 feet and being subtended by a chord bearing North 85º55’08” West a distance of 14.00 feet to a point; Thence proceed North 81º30’22” West a distance of 25.88 feet to a point; Thence proceed North 81º31’12” West a distance of 25.70 feet to a point; Thence proceed along an arc to the left a distance of 20.94 feet, said arc having a radius of 91.19 feet and being subtended by a chord bearing North 84º57’37” West a distance of 20.89 feet to a point; Thence proceed South 89º33’07” West a distance of 487.19 feet to a point; Thence proceed along an arc to the right a distance of 46.85 feet, said arc having a radius of 41.00 feet and being subtended by a chord bearing North 57º42’39” West a distance of 44.34 feet to a point; Thence proceed North 24º58’24” West a distance of 104.45 feet to a point; Thence proceed along an arc to the left a distance of 21.20 feet, said arc having a radius of 82.69 feet and being subtended by a chord bearing North 32º10’40” West a distance of 21.14 feet to a point; Thence proceed North 00º32’09” West a distance of 51.91 feet to a point, said point being the POINT OF BEGINNING. Together with and subject to all covenants, easements, and restrictions of record, Parcel described herein containing 3.63 acres of land (158,046 Square Feet), mor e or less, described on a survey by Frontline Surveying & Mapping, Inc., job number 45307 -1, dated 10/05/2011, also being known as part of 13690 Alpharetta Highway, according to current system of numbering in Fulton County, Georgia. EXHIBIT C LEGAL DESCRIPTION OF BANK PROPERTY [To be attached to final easement document] EXHIBIT D ACCESS EASEMENT [To be attached to final easement document] EXHIBIT E TEMPORARY GRADING, SLOPING AND CONSTRUCTION EASEMENTS [To be attached to final easement document]