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04-09-2012-Packet
Page 1 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Lance Large Monday, April 9, 2012 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jason Howard, Adult Ministries, Stonecreek Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by the Mayor) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 12-072) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the February 22, 2012 Special Called Work Session Minutes. (Agenda Item No. 12-073) (Sudie Gordon, City Clerk) 2. Approval of the February 22, 2012 Regular Council Minutes. (Agenda Item No. 12-074) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 9, 2012 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 Financial Statements for the Period Ending December, 2011. (Agenda Item No.12-075) (Stacey Inglis, Finance Director) 4. Approval of Financial Statements for the Period Ending January, 2012. (Agenda Item No.12-076) (Stacey Inglis, Finance Director) 5. Approval of a Renewal Contract between the City of Milton and AT&T. (Agenda Item No. 12-077) (David Frizzell, IT Manager) 6. Approval of a Construction Services Agreement between the City of Milton, Georgia and J.J.E. Constructors, Inc. for a Headwall and Shoulder Repair on Bethany Bend Road. (Agenda Item No. 12-078) (Carter Lucas, Public Works Director) 7. Approval of a Professional Services Agreement between the City of Milton, Georgia and Transmap Corporation for a City-Wide Pavement Condition Survey. (Agenda Item No. 12-079) (Carter Lucas, Public Works Director) 8. Approval of a Professional Services Agreement between the Winter Construction Company and the City of Milton for PreConstruction Services – Milton Public Safety Facility. (Agenda Item No. 12-080) (Carter Lucas, Public Works Director) 9. Approval of Better Together – Real Communities Milton Mini-Grant Program Contract (Real Communities Initiative) between The Georgia Council on Developmental Disabilities and the City of Milton. (Agenda Item No. 12-081) (Chris Lagerbloom, City Manager) 6) REPORTS AND PRESENTATIONS 1. A Proclamation Recognizing Milton High School 2012 Georgia AAAAA Boys’ Basketball Champions. (Presented by Councilmember Karen Thurman) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 9, 2012 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. 7) FIRST PRESENTATION 1. RZ12-04/VC12-01 – 12990 GA Hwy 9 (Outparcel 3) (22-52701047-276-5) by Webb Road Promenade, LLC to Rezone from MIX (Mixed Use) to C-1 (Community Business) to Develop a 3,321 Square Foot Dry Cleaners and Request a Concurrent Variance to Reduce the 20 Foot Landscape Strip to 10 Feet Along Hwy 9 (Sec. 64-1090(a)). (Agenda Item No. 12-082) (Kathleen Field, Community Development Director) 2. RZ12-02 – Ordinance to Adopt the Corrected City of Milton Zoning Map as Indicated on the Geographical Information System (GIS) Including All Zoning Actions Prior to January 1, 2012 as Shown on “Current Zoning Map Dated January 2012”. (Agenda Item No. 12-083) (Kathleen Field, Community Development Director) 3. RZ12-03 – Ordinance to Amend Article XVIII of Chapter 64 of the City Code – Historic Preservation Commission. (Agenda Item No. 12-084) (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 to Adopt the Personnel Policy of the Milton Police Department. (Agenda Item No. 12-085) (Deborah Harrell, Chief of Police) 2. Approval of a Resolution of the City of Milton, Georgia Establishing a Moratorium On the Enforcement of the Telecommunications Operating License Fee Associated with Annual Registration for Owners and Users of Telecommunication Facilities. (Agenda Item No. 12-086) (Ken Jarrard, Esq., City Attorney) 12) MAYOR AND COUNCIL REPORTS MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 9, 2012 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. 12-087) The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: April 9, 2012 City Council Meeting Agenda Item: Financial Statements for Period 3 –December 2011 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund Revenue collections for the General Fund are 1.95% higher than anticipated for the third period of the fiscal year. Total expenditures to‐date are $5,189,662 and are 2.89% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project‐by‐project basis. With a total project expenditure budget of $10,889,671, capital expenditures‐to‐date total $183,204. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $15,825 Sidewalk Replacement Fund: Balance: $80,308 1 of 9 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending December 2011 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,362,600 90,501 86,200 4,301 90,501 86,200 4,301 Motor Vehicle Tax 495,000 46,537 41,250 5,287 95,429 82,500 12,929 Intangible Tax 160,000 24,260 13,333 10,927 43,933 26,667 17,266 Real Estate Transfer Tax 37,000 3,304 3,083 221 6,589 6,167 422 Franchise Fees 1,700,000 - - - - - - Local Option Sales Tax 3,650,000 285,438 304,167 (18,728) 593,176 608,333 (15,157) Alcohol Beverage Excise Tax 275,000 23,433 22,917 516 43,991 45,833 (1,842) Business & Occupation Tax 550,000 4,918 5,500 (582) 7,772 5,500 2,272 Insurance Premium Tax 825,000 - - - - - - Financial Institution Tax 26,000 - - - - - - Penalties & Interest 64,500 7,295 3,015 4,280 11,416 6,030 5,386 Alcohol Beverage Licenses 140,000 39,765 35,000 4,765 134,359 133,000 1,359 Other Non-Business Permits/Licenses 11,700 835 975 (140) 3,604 2,925 679 Zoning & Land Disturbance Permits 20,000 125 1,667 (1,542) 3,675 5,000 (1,325) Building Permits 175,000 13,921 14,583 (662) 46,168 43,750 2,418 Other Charges for Service 343,640 24,372 28,637 (4,264) 86,597 85,910 687 Municipal Court Fines 451,000 32,022 28,208 3,814 106,771 112,750 (5,979) Interest Earnings 15,000 1,658 1,250 408 5,241 3,750 1,491 Contributions & Donations - 2,375 - 2,375 5,875 - 5,875 Other Revenue 54,940 3,235 4,578 (1,343) 7,696 13,735 (6,039) Other Financing Sources 34,000 - - - - - - Total Revenue 17,390,380 603,996 594,363 9,633 1,292,793 1,268,050 24,743 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 169,170 14,720 14,952 (231) 35,991 39,830 (3,839) Clerk of the Council 298,850 23,043 23,192 (149) 129,851 133,459 (3,608) City Manager 294,937 29,404 29,077 327 69,605 71,053 (1,448) General Administration 34,110 1,968 2,843 (875) 9,414 8,528 886 Finance 495,873 50,843 52,667 (1,824) 121,203 122,413 (1,210) Legal 220,000 16,914 18,333 (1,419) 16,914 18,333 (1,419) Information Technology 535,557 71,108 75,527 (4,419) 175,902 188,221 (12,319) Human Resources 251,523 25,244 26,407 (1,163) 59,008 62,796 (3,788) Ri k M t 191 500 13 486 15 958 (2 472)47 397 47 875 (478) Revenue Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date Risk Management 191,500 13,486 15,958 (2,472) 47,397 47,875 (478) General Government Buildings 564,989 43,505 47,082 (3,577) 181,577 183,784 (2,206) Public Information & Marketing 90,910 10,235 10,409 (174) 21,579 22,484 (905) Municipal Court 231,274 22,725 26,356 (3,632) 55,736 60,451 (4,715) Police 2,912,020 297,731 306,985 (9,254) 679,316 730,303 (50,988) Fire 4,381,219 474,097 484,614 (10,517) 1,215,487 1,238,607 (23,120) EMS Operations 140,988 11,021 11,749 (728) 33,062 35,247 (2,185) Public Works 1,540,706 127,162 138,886 (11,725) 263,333 287,352 (24,018) Parks & Recreation 356,292 30,049 35,668 (5,620) 57,389 71,646 (14,257) Community Development 798,035 90,148 91,056 (908) 197,637 202,353 (4,716) Debt Service - Capital Lease Payment 857,231 709,394 709,394 - 800,163 800,163 - Operating Transfers to Other Funds 4,180,048 339,699 339,699 0 1,019,097 1,019,096 1 Operating Reserve 144,019 - - - - - - Total expenditures 18,689,251 2,402,496 2,460,855 (58,359) 5,189,662 5,343,993 (154,331) Net Income/(Loss)(1,298,871) (1,798,500)(3,896,869) 2 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Milton Roundup Vendor Fee 4,000$ -$ 735$ (3,265)$ Earth Day Vendor Fee 240 - - (240) Interest Revenues 100 6 18 (82) Milton Roundup Sponsor 12,000 - 3,000 (9,000) Earth Day Sponsor - - - - Concert Sponsor 1,500 - - (1,500) T-shirt Sales 250 - 169 (81) Mayor's Run Reg. Fees 5,240 530 2,229 (3,011) Contributions & Donations - - - - Total revenues 23,330$ 536$ 6,151$ (17,179)$ EXPENDITURES Current: Special Events 86,280$ 10,386$ 36,230$ 50,050$ Total Expenditures 86,280$ 10,386$ 36,230$ 50,050$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 30,000$ 3,764$ 8,243$ (21,757)$ Total other financing sources and uses 30,000$ 3,764$ 8,243$ (21,757)$ Net change in fund balances (32,950)$ (21,837)$ Fund balances - beginning 62,563 City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2011 gg Fund balances - ending 40,727$ 3 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - 225 225 225 Cash Confiscations/HIDTA - - Interest Revenues/State Funds - 11 29 29 Interest Revenues/Federal Funds 1 3 Realized Gain on Investments/State Funds - - - Budgeted Fund Balance - - - - Total revenues -$ 237$ 257$ 254$ EXPENDITURES Current: Police -$ 700$ 5,940$ (5,940)$ Total Expenditures -$ 700$ 5,940$ (5,940)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ (5,683)$ Fund balances - beginning 89,270 Fund balances - ending 83,587$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2011 4 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 700,000$ 33,816$ 67,575$ (632,425)$ Interest Revenue - 73 167 167 Total revenues 700,000$ 33,889$ 67,742$ (632,258)$ EXPENDITURES Current: Public Safety 681,400$ 1,716$ 189,037$ 492,363$ Total Expenditures 681,400$ 1,716$ 189,037$ 492,363$ OTHER FINANCING USES Unallocated 18,600$ -$ -$ (18,600)$ Total other financing sources and uses 18,600$ -$ -$ (18,600)$ Net change in fund balances -$ (121,295)$ Fund balances - beginning 604,821 Fund balances - ending 483,526$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2011 5 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant 30,096$ -$ 9,961$ (20,135)$ Byrne-JAG Grant - - - USGS Grant - - - - GEMA Grant - - - Interest Revenues - - 2 2 Total revenues 30,096$ -$ 9,962$ (20,134)$ EXPENDITURES Current: General Administration 3,350$ -$ 122$ 3,228 Police - 14,618 14,618 (14,618) Fire 133,760 10,295 25,349 108,411 Total Expenditures 137,110$ 24,913$ 40,089$ 97,021$ Excess of revenues over expenditures (107,014) (24,913) (30,126) 76,888 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 103,664$ -$ -$ (103,664)$ Total other financing sources and uses 103,664$ -$ -$ (103,664)$ Net change in fund balances (3,350) (30,126) Fund balances - beginning 10,671 Fund balances - ending (19,455)$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2011 6 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 40,000$ 3,764$ 8,243$ (31,757)$ Total revenues 40,000$ 3,764$ 8,243$ (31,757)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 10,000$ -$ -$ (10,000)$ Transfers out to Special Events Fund 30,000 3,764 8,243 (21,757) Total other financing sources and uses 40,000$ 3,764$ 8,243$ (31,757)$ Net change in fund balances - - Fund balances - beginning - Fund balances - ending -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2011 7 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 65,000$ -$ -$ (65,000)$ Sidewalk Replacement Account - - - - Crabapple Paving Fee - 1,050 1,050 1,050 Tree Recompense - - 3,500 3,500 Landfill Host Fees 100,000 - - (100,000) HYA Fees 16,500 - - (16,500) Interest Revenue 2,000 719 1,756 (244) Realized Gain or Loss on Investments 2,000 - - (2,000) Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - - - - Capital Lease Proceeds 144,000 - - (144,000) Total revenues 329,500 1,769$ 6,306$ (323,194)$ EXPENDITURES Capital Outlay City Council 225,000$ 9,207$ 9,207$ 215,793$ IT 49,317 - 26,977 22,340 Police 350,742 - - 350,742 Fire 556,066 31,677 33,709 522,357 Public Works 7,643,811 59,267 110,730 7,533,081 City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2011 Parks & Recreation 1,772,730 816 2,582 1,770,148 Community Development 292,005 - - 292,005 Total Capital Outlay 10,889,671$ 100,966$ 183,204$ 10,706,467$ Excess of revenues over expenditures (10,560,171) (99,197) (176,897) (11,029,661) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 3,505,688$ 292,141$ 876,423$ (2,629,265)$ Unallocated (106,441) - - 106,441 Total other financing sources and uses 3,399,247 292,141 876,423 (2,522,824) Net change in fund balances (7,160,924) 699,526 Fund balances - beginning 5,809,267 Fund balances - ending 6,508,793$ 8 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Transportation Master Plan -$ -$ -$ -$ Assistant to Firefighters Grant - - - - GDOT HPP Funds 3,195,498 26,659 26,659 (3,168,839) LCI Funds 100,000 - 8,800 (91,200) GA Urban Forestry Grant 20,000 - - (20,000) MARTA Grant 321,326 - - (321,326) Interest Revenues - 162 387 387 Total revenues 3,636,824$ 26,821$ 35,846$ (3,600,978)$ EXPENDITURES Capital Outlay Public Works 5,196,250$ 120$ 120$ 5,196,130$ Community Development 147,400 34,750 34,750 112,650 Total Capital Outlay 5,343,650$ 34,870$ 34,870$ 5,308,780$ Excess of revenues over expenditures (1,706,826) (8,049) 976 1,707,802 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 570,696$ 47,558$ 142,674$ (428,022)$ Total other financing sources and uses 570,696$ 47,558$ 142,674$ (428,022)$ Net change in fund balances (1,136,130) 143,650 Fund balances - beginning 956,996 City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2011 Fund balances - ending 1,100,646$ 9 of 9 City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: April 9, 2012 City Council Meeting Agenda Item: Financial Statements for Period 4 –January 2012 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund Revenue collections for the General Fund are 7.03% higher than anticipated for the fourth period of the fiscal year. Total expenditures to‐date are $6,675,696 and are 1.81% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project‐by‐project basis. With a total project expenditure budget of $10,889,671, capital expenditures‐to‐date total $328,083. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $15,825 Sidewalk Replacement Fund: Balance: $80,308 1 of 9 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending January 2012 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,362,600 90,225 86,200 4,025 180,726 172,400 8,326 Motor Vehicle Tax 495,000 40,993 41,250 (257) 136,422 123,750 12,672 Intangible Tax 160,000 20,979 13,333 7,646 64,912 40,000 24,912 Real Estate Transfer Tax 37,000 3,737 3,083 654 10,326 9,250 1,076 Franchise Fees 1,700,000 155,771 170,000 (14,229) 155,771 170,000 (14,229) Local Option Sales Tax 3,650,000 392,683 304,167 88,516 985,859 912,500 73,359 Alcohol Beverage Excise Tax 275,000 31,013 22,917 8,096 75,004 68,750 6,254 Business & Occupation Tax 550,000 36,124 33,000 3,124 43,896 38,500 5,396 Insurance Premium Tax 825,000 - - - - - - Financial Institution Tax 26,000 - - - - - - Penalties & Interest 64,500 3,533 3,015 518 14,949 9,045 5,904 Alcohol Beverage Licenses 140,000 - - - 134,359 133,000 1,359 Other Non-Business Permits/Licenses 11,700 405 892 (487) 4,009 3,817 192 Zoning & Land Disturbance Permits 20,000 1,828 1,667 161 5,503 6,667 (1,164) Building Permits 175,000 23,138 14,583 8,555 69,306 58,333 10,973 Other Charges for Service 343,640 27,123 28,637 (1,514) 113,719 114,547 (827) Municipal Court Fines 451,000 38,182 28,208 9,974 144,953 150,333 (5,380) Interest Earnings 15,000 1,564 1,250 314 6,820 5,000 1,820 Contributions & Donations - - - - 5,875 - 5,875 Other Revenue 54,940 17,081 4,578 12,503 24,777 18,313 6,464 Other Financing Sources 34,000 - - - - - - Total Revenue 17,390,380 884,379 756,780 127,599 2,177,187 2,034,205 142,982 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 169,170 15,606 14,882 724 51,597 54,712 (3,114) Clerk of the Council 298,850 19,477 21,536 (2,060) 149,328 152,496 (3,168) City Manager 294,937 23,846 24,445 (599) 93,452 97,117 (3,665) General Administration 34,110 3,132 2,843 290 12,546 11,370 1,176 Finance 495,873 33,110 40,882 (7,772) 154,313 157,250 (2,937) Legal 220,000 22,964 18,333 4,631 39,878 36,667 3,212 Information Technology 535,557 41,198 39,553 1,645 217,100 227,774 (10,674) Human Resources 251,523 18,046 19,664 (1,618) 77,054 81,173 (4,119) Ri k M t 191 500 13 486 15 958 (2 472)60 884 63 833 (2 950) Revenue Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date Risk Management 191,500 13,486 15,958 (2,472) 60,884 63,833 (2,950) General Government Buildings 564,989 46,325 47,082 (757) 229,681 230,866 (1,186) Public Information & Marketing 90,910 8,840 9,626 (786) 30,419 31,359 (941) Municipal Court 231,274 15,876 18,251 (2,375) 71,612 77,475 (5,863) Police 2,912,020 305,934 247,430 58,504 985,250 966,297 18,952 Fire 4,381,219 302,312 358,748 (56,436) 1,517,799 1,546,634 (28,835) EMS Operations 140,988 11,021 11,749 (728) 44,083 46,996 (2,913) Public Works 1,540,706 161,019 139,793 21,226 424,352 468,478 (44,126) Parks & Recreation 356,292 38,909 33,841 5,068 96,299 119,145 (22,846) Community Development 798,035 56,307 60,966 (4,659) 253,944 262,956 (9,012) Debt Service - Capital Lease Payment 857,231 7,147 7,147 - 807,310 807,310 - Operating Transfers to Other Funds 4,180,048 339,699 339,699 0 1,358,796 1,358,795 1 Operating Reserve 144,019 - - - - - - Total expenditures 18,689,251 1,484,255 1,472,429 11,826 6,675,696 6,798,704 (123,009) Net Income/(Loss)(1,298,871) (599,876)(4,498,508) Fund Balance - Beginning 9,295,628 Fund Balance - Ending 4,797,120 2 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Milton Roundup Vendor Fee 4,000$ 299$ 1,034$ (2,966)$ Earth Day Vendor Fee 240 - - (240) Interest Revenues 100 5 22 (78) Milton Roundup Sponsor 12,000 - 3,000 (9,000) Earth Day Sponsor - - - - Concert Sponsor 1,500 - - (1,500) T-shirt Sales 250 - 169 (81) Mayor's Run Reg. Fees 5,240 530 2,229 (3,011) Contributions & Donations - - - - Total revenues 23,330$ 834$ 6,454$ (16,876)$ EXPENDITURES Current: Special Events 86,280$ 500$ 36,730$ 49,550$ Total Expenditures 86,280$ 500$ 36,730$ 49,550$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 30,000$ 3,814$ 12,057$ (17,943)$ Total other financing sources and uses 30,000$ 3,814$ 12,057$ (17,943)$ Net change in fund balances (32,950)$ (18,219)$ Fund balances - beginning 62,563 City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2012 gg Fund balances - ending 44,345$ 3 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - 7,189 7,414 7,414 Cash Confiscations/HIDTA - - Interest Revenues/State Funds - 10 24 24 Interest Revenues/Federal Funds 0 3 Realized Gain on Investments/State Funds - - - Budgeted Fund Balance - - - - Total revenues -$ 7,199$ 7,441$ 7,438$ EXPENDITURES Current: Police -$ 595$ 6,535$ (6,535)$ Total Expenditures -$ 595$ 6,535$ (6,535)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 906$ Fund balances - beginning 89,270 Fund balances - ending 90,176$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2012 4 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 700,000$ 136,042$ 203,616$ (496,384)$ Interest Revenue - 62 229 229 Total revenues 700,000$ 136,103$ 203,846$ (496,155)$ EXPENDITURES Current: Public Safety 681,400$ 160,565$ 349,603$ 331,797$ Total Expenditures 681,400$ 160,565$ 349,603$ 331,797$ OTHER FINANCING USES Unallocated 18,600$ -$ -$ (18,600)$ Total other financing sources and uses 18,600$ -$ -$ (18,600)$ Net change in fund balances -$ (145,757)$ Fund balances - beginning 604,821 Fund balances - ending 459,064$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2012 5 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant 30,096$ -$ 9,961$ (20,135)$ Byrne-JAG Grant - - - USGS Grant - - - - GEMA Grant - - - Interest Revenues - - 2 2 Total revenues 30,096$ -$ 9,962$ (20,134)$ EXPENDITURES Current: General Administration 3,350$ 285$ 407$ 2,943 Police - - 14,618 (14,618) Fire 133,760 - 25,349 108,411 Total Expenditures 137,110$ 285$ 40,374$ 96,736$ Excess of revenues over expenditures (107,014) (285) (30,411) 76,603 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 103,664$ -$ -$ (103,664)$ Total other financing sources and uses 103,664$ -$ -$ (103,664)$ Net change in fund balances (3,350) (30,411) Fund balances - beginning 10,671 Fund balances - ending (19,740)$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2012 6 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 40,000$ 3,814$ 12,057$ (27,943)$ Total revenues 40,000$ 3,814$ 12,057$ (27,943)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 10,000$ -$ -$ (10,000)$ Transfers out to Special Events Fund 30,000 3,814 12,057 (17,943) Total other financing sources and uses 40,000$ 3,814$ 12,057$ (27,943)$ Net change in fund balances - - Fund balances - beginning - Fund balances - ending -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2012 7 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 65,000$ 12,810$ 12,810$ (52,190)$ Sidewalk Replacement Account - - - - Crabapple Paving Fee - 2,100 3,150 3,150 Tree Recompense - - 3,500 3,500 Landfill Host Fees 100,000 - - (100,000) HYA Fees 16,500 - - (16,500) Interest Revenue 2,000 665 2,421 421 Realized Gain or Loss on Investments 2,000 - - (2,000) Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - - - - Capital Lease Proceeds 144,000 - - (144,000) Total revenues 329,500 15,575$ 21,882$ (307,618)$ EXPENDITURES Capital Outlay City Council 225,000$ -$ 9,207$ 215,793$ IT 49,317 5,332 32,309 17,008 Police 350,742 - - 350,742 Fire 556,066 - 33,709 522,357 Public Works 7,643,811 106,800 217,529 7,426,282 City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2012 Parks & Recreation 1,772,730 27,770 30,352 1,742,378 Community Development 292,005 4,978 4,978 287,028 Total Capital Outlay 10,889,671$ 144,879$ 328,083$ 10,561,588$ Excess of revenues over expenditures (10,560,171) (129,304) (306,201) (10,869,207) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 3,505,688$ 292,141$ 1,168,564$ (2,337,124)$ Unallocated (106,441) - - 106,441 Total other financing sources and uses 3,399,247 292,141 1,168,564 (2,230,683) Net change in fund balances (7,160,924) 862,363 Fund balances - beginning 5,809,267 Fund balances - ending 6,671,630$ 8 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Transportation Master Plan -$ -$ -$ -$ Assistant to Firefighters Grant - - - - GDOT HPP Funds 3,195,498 26,659 26,659 (3,168,839) LCI Funds 100,000 16,400 25,200 (74,800) GA Urban Forestry Grant 20,000 - - (20,000) MARTA Grant 321,326 - - (321,326) Interest Revenues - 146 533 533 Total revenues 3,636,824$ 43,205$ 52,392$ (3,584,432)$ EXPENDITURES Capital Outlay Public Works 5,196,250$ 65,256$ 65,376$ 5,130,874$ Community Development 147,400 3,000 37,750 109,650 Total Capital Outlay 5,343,650$ 68,256$ 103,126$ 5,240,524$ Excess of revenues over expenditures (1,706,826) (25,052) (50,734) 1,656,092 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 570,696$ 47,558$ 190,232$ (380,464)$ Total other financing sources and uses 570,696$ 47,558$ 190,232$ (380,464)$ Net change in fund balances (1,136,130) 139,498 Fund balances - beginning 956,996 City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2012 Fund balances - ending 1,096,494$ 9 of 9 City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: David Frizzell Date: Submitted on March 6, 2012 for the April 9th, 2012 Regular Council Meeting Agenda Item: Approval of a Renewal Contract Between the City of Milton and AT&T. City Manager’s Office Recommendation Approve a contract renewal for internet bandwidth provided by AT&T between the cities of Milton and Alpharetta. Discussion Currently the City of Milton has two Metro-E circuits supporting Public Safety operations in cooperation with Alpharetta. This renewal continues the existing service and will lock in lower rates for that service. Funding and Fiscal Impact The cost for both circuits has been budgeted. There will be no change in cost for the new configuration. Legal Review Concurrent Review Chris Lagerbloom, City Manager Service Agreement for AT&T Interstate Broadband Services Provided on Custom Terms Pursuant to the AT&T Interstate Guidebook Case Number GA11-4069-03 Page 1 of 8 AT&T and Customer Confidential Information CUSTOMER (“Customer”) AT&T (“AT&T”) CITY OF MILTON Street Address: 13000 DEERFIELD PKWY, ROOM 107G City: MILTON State: GA Zip Code: 30004- Billing Address Street Address: 13000 DEERFIELD PKWY City: MILTON State: GA Zip Code: 30004- For purposes of this Service Agreement, AT&T means the Service Provider specifically identified herein. CUSTOMER Contact (for Contract Notices) AT&T Sales Contact Information and for Contract Notices Name: RYAN O’SHAUGHNESSY Title: Telephone: 404-495-4200 Fax: - - Email: Street Address: 13000 DEERFIELD PKWY, ROOM 107G City: MILTON State: GA Zip Code: 30004- Name: RYAN O’SHAUGHNESSY Title: AE Telephone: 404-495-4200 Fax: - - Email: RO142J@ATT.COM Attention: Assistant Vice President Street Address: 2180 Lake Blvd., 7th Floor City: Atlanta State: GA Zip Code: 30319 With a copy to: AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast@att.com This Service Agreement (“Agreement”) is between AT&T and Customer. The Parties acknowledge and agree that this Agreement represents individually negotiated rates, terms, and conditions that are offered to Customer because of the unique or specialized conditions of the AT&T business services purchased by Customer. References to “Agreement” refer to this Agreement and any attachments attached hereto, and referencing this document. ADDITIONAL TERMS AND CONDITIONS. THIS AGREEMENT IS SUBJECT TO THE AT&T INTERSTATE GUIDEBOOK (“GUIDEBOOK”) FOUND AT www.att.com/servicepublications, CONTAINING PRODUCT DESCRIPTIONS, TECHNICAL INFORMATION, DEFINITIONS, AND AT&T TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO CUSTOMER’S INDEMNIFICATION OBLIGATIONS, LIMITATIONS ON AT&T LIABILITY, AND OTHER LEGAL PROVISIONS THAT AFFECT CUSTOMER’S RIGHTS UNDER THIS AGREEMENT. BY SIGNING THIS AGREEMENT CUSTOMER ACKNOWLEDGES AND EXPRESSLY AGREES TO BE BOUND BY SUCH ADDITIONAL TERMS AND CONDITIONS. The Guidebook, as modified from time to time, is incorporated into this Agreement by reference. Unless defined herein, capitalized terms shall have the meanings defined in the Guidebook. Service Provider: AT&T Georgia Offer Expiration: This offer shall expire on: 4/15/2012. Customer (by its authorized representative) AT&T (by its authorized representative) By: By: Name: Name: Service Agreement for AT&T Interstate Broadband Services Provided on Custom Terms Pursuant to the AT&T Interstate Guidebook Case Number GA11-4069-03 Page 2 of 8 AT&T and Customer Confidential Information Title: Title: Date: Date: Service Agreement for AT&T Interstate Broadband Services Provided on Custom Terms P ursuant to the AT&T Interstate Guidebook Case Number GA11-4069-03 Option 1 of 1 Page 3 of 8 AT&T and Customer Confidential Information GENERAL TERMS AND CONDITIONS The following terms and conditions apply to the Services subscrib ed to by Customer under this Agreement. 1. DEFINITIONS “Cutover Date” is the date, with respect to any new Service provisioned under this Agreement, when such Service is first provisioned or otherwise available for Customer’s use pursuant to this Agreement. “Commingling” means the connecting, attaching or otherwise linking of an unbundled network element, or a combination of unbundled network elements, to one or more facilities or services that a requesting telecommunications carrier has obtained a t wholesale from AT&T, or the combining of an unbundled network element, or a combination of unbundled network elements with one or more such facilities or services. Commingling of Services provided under this Agreement is prohibited. “Effective Date” of this Agreement is the date on which the last party signs this Agreement, unless a later date is required by regulation or law. “Service Component” means an individual component of a Service provided under this Agreement. 2. GENERAL DESCRIPTION OF SERVICE TO BE PROVISIONED, INSTALLED AND MAINTAINED The Service(s) described below are provided solely by the AT&T entity(ies) identified above and are not jointly provided with any other carrier. Service(s) are provided pursuant to the terms and conditions set forth i n the Guidebook, as well as AT&T’s Business Service Agreement (BSA) found at www.att.com/servicepublications (which includes all documents incorporated by reference in the BSA). If there is a conflict between this Agreement and the Guidebook or BSA, this document will take precedence. Service Description Metro Ethernet Service Metro Ethernet (ME) is a high speed packet transport that is based on Ethernet transmission parameters. ME provides various transport capabilities that range from 2 Mbps through 1Gbps in Basic, Premium, Dedicated, and Virtual arrangements. 3. TERM START DATE; AGREEMENT TERM: PROVISION OF SERVICES AFTER AGREEMENT TERM (a) Agreement Term. For the Service(s) offered under this Agreement, the Term Start Date shall be the Effective Date of this Agreement (if this Agreement covers any existing Services) or, if this Agreement covers only new Services, the Term Start Date shall be the later of (i) the Cutover Date of the first Service to be installed under this Agreement, or (ii) the end of the Ramp-up Period (if any) specified in Section 10.1 below. The term of this Agreement shall be twelve (12) months after the Term Start Date (“Agreement Term”). Rates or discounts under this Agreement shall be applied on the Term Start Date. Unless otherwise specified herein or in the Guidebook, Services offered under this Agreement may be purchased at any time during the Agreement Term. New or additional Services may not be purchased under this Agreement after the end of the Agreement Term. (b) Minimum Service Term. The rates and charges specified in this Agreement shall apply to any new Service(s) purchased under this Agreement during the Agreement Term, and to any existing Services incorporated into this Agreement, until the expiration of the applicable minimum service term for such Service(s) (“Minimum Service Term”). Upon the expiration of the Minimum Service Term, no rates or discounts provided under this Agreement will apply to the Service(s). For the Service(s) provided under this Agreement, upon expiration of the Minimum Service Term, Customer will have the option to either (a) cease using the Service(s) (which will require Customer to ta ke all steps required by AT&T to terminate the Service(s)), or (b) continue using the Service(s) on a month -to-month service arrangement, during which the prices in the Agreement will automatically be changed to the then-current monthly extension rates (if any) or month-to-month rate specified in the applicable Guidebook. After expiration of the Minimum Service Term, AT&T may modify rates, terms and conditions applicable to the Service(s) on thirty (30) days notice. The Minimum Service Term for any Servic e(s) purchased under this Service Agreement for AT&T Interstate Broadband Services Provided on Custom Terms P ursuant to the AT&T Interstate Guidebook Case Number GA11-4069-03 Option 1 of 1 Page 4 of 8 AT&T and Customer Confidential Information Agreement shall twelve (12) months, and shall start upon the Effective Date of this Agreement (for any existing Services) or upon the Cutover Date (for any new Services). This Agreement will expire when Service(s) or Service Component(s) are no longer provided under this Agreement. 4. ADDITIONAL SERVICES, INSTALLATION, ADDS, MOVES AND CHANGES Unless otherwise stated herein, for all moves and changes of any Service provided hereunder, Customer will pay the prevailing Guidebook nonrecurring charge, plus any additional cost recovery that may be assessed. If the Service or Service Component is available only under an individual case pricing, then for all moves and changes of any Service provided hereunder Customer will pay AT&T’s price for such move or change, as determined by AT&T at the time of the move or change. Any additional services other than the Service(s) provided under this Agreement will be provided at the prevailing Guidebook rates, terms and conditions unless otherwise mu tually agreed in writing, and must be purchased under either a separate Agreement or an amendment to this Agreement, signed by both Customer and AT&T. “Upgrade in Service” is defined as: upgrade to a higher bandwidth capacity for Service(s) listed in thi s Agreement. Upgrade in Service permitted under this Agreement is defined by Service Category in Section 4.1 below and limited to Upgrade in Service within the specified category of Service. If the equipment and facilities (such as outside plant, cable, c apacity and memory) are available, Service provided herein as requested by Customer as an Upgrade will be provided at the monthly rates set forth in Section 10.2 below for the duration of the Minimum Service Term for the Service receiving the Upgrade, but shall be subject to any applicable nonrecurring charges at prevailing Guidebook rates. If the equipment or facilities are not available, spec ial construction charges may apply. For an Upgrade, Customer will be responsible for payment for the Upgraded Ser vice in lieu of the charge for Service receiving the Upgrade, but downgrade of any Service(s) will result in termination liability charges as identified elsewhere within this Agreement. Upgrades may be purchased at any time during the Agreement Term. “Add” is defined as: additional Service(s) or Service Component(s) that may be ordered and provided under this Agreement which ride on or are otherwise dependent upon or part of the specific Service(s) initially purchased by Customer as identifie d in this Agreement. Adds permitted under this Agreement are defined by Service Category in Section 4.1 below and limited to Adds within the specified category of Service, and are subject to availability of equipment and facilities. Customer will be responsible for payment for the Adds in addition to any Service(s) initially or subsequently installed under this Agreement. Adds will be provided at the monthly rates set forth in Section 10.2 below for the duration of the Minimum Service Term for the Service with which the Add is associated, but shall be subject to any applicable nonrecurring charges at prevailing Guidebook rates. If the equipment or facilities are not available, special construction charges may apply. Adds may be purchased at a ny time during the Agreement Term. 4.1 Add & Upgrade Capability Service Category Add & Upgrade Capability Metro Ethernet Service Upgrade in Bandwidth is allowed as described in Section 4 above. Adds to Service listed in this Agreement are allowed as described in Section 4 ab ove. 5. PRICING The Customer must pay the prevailing Monthly Rates listed in the applicable Section of the Guidebook. The Customer will receive a credit (“Reward Credit”) in an amount equal to the difference between the prevailing Guidebook Monthly Rates and the applicable Monthly Rates specified in Section 10.2. The Monthly Rates identified in Section 10.2 are the Monthly Rates after the Reward Credits have been applied at the preparation date of this Service Agreement. Reward Credits will be applied monthly, in arrears. Taxes, if applicable, will be charged on the corresponding Monthly Rates listed in the Guidebook, but wi ll not be included in the Reward Credits applied to the Customer’s bill. For the purposes of this Section, the prevailing Guidebook Monthly Rates shall be deemed to be the rates set forth in Payment Plan A (such reference to such Payment Plan is solely for the purpose of designating the rates payable under this Agreement; Customer is not subscribing to such Payment Plan under this Agreement). 6. TAXES & OTHER CHARGES Service Agreement for AT&T Interstate Broadband Services Provided on Custom Terms P ursuant to the AT&T Interstate Guidebook Case Number GA11-4069-03 Option 1 of 1 Page 5 of 8 AT&T and Customer Confidential Information 6.1 Other Rate Elements. Any rate elements not described herein will be subject to the applicable rates and charges outlined in the Guidebook. 6.2 Additional Charges and Taxes. Rates set forth in this Agreement and the Guidebook are exclusive of, and Customer will pay, all current and future taxes (excluding those on AT&T’s net income), surcharges, recovery fees, custom clearances, duties, levies, shipping charges, and other similar charges (and any associated intere st and penalties resulting from Customer’s failure to timely pay such taxes or similar charges) relating to the sale, transfer of ownership, installation, li cense, use or provision of the Services, except to the extent Customer provides satisfactory proof of a valid tax exemption prior to the delivery of Services. To the extent Customer is required by law to withhold or deduct any applicable taxes from payments due to AT&T, Customer will use reasonable commercial efforts to minimize any such taxes to the e xtent allowed by law or treaty, and Customer will furnish AT&T with such evidence as may be required by relevant taxing authorities to establish that such ta x has been paid so that AT&T may claim any applicable credit. 7. TERMINATION BEFORE EXPIRATION OF MINIMUM SERVICE TERM (E.G., TERMINATION FOR CONVENIENCE) 7.1 If Customer terminates Service(s), in whole or in part, for any reason other than default by AT&T, or AT&T terminates for Customer's default, prior to the Cutover Date, the Customer must reimburse AT&T for all expenses incurred in processing the Order and installing the required equipment and facilities completed up to the date of termination, and termination liability as provided in this section below shall not apply. 7.2 If Customer terminates Service(s), in whole or in part, for any reason other than default by AT&T, or AT&T terminates for Customer's default, on or after the Cutover Date but before the scheduled completion of the Minimum Service Term applicable to such Service(s), Customer shall pay a termination liability of an amount equal to (a) all unpaid nonrecurring charges (including nonrecurring charges that were waived or incorporated into the monthly recurring rates), (b) fifty percent (50%) of the monthly rates for the terminated Service(s) as set forth in this Agreement, multiplied by the number of months remaining in the minimum term applicable to such Service(s) at the time of termination, and (c) any unpaid special construction liabilitie s. 7.3 Unless otherwise stated herein, Service(s) provided under this Agreement must remain at the location(s) listed in Section 11 or in such other locations the Service(s) are installed for the entire Minimum Service Term applicable to such Service(s). If Customer fails to maintain the Service(s) provided under this Agreement at the locations required under the preceding sentence for any reason other than default by AT&T, Customer shall be liable for termination charges calculated in the manner specified in this Section. 8. ADDITIONAL PROVISIONS 8.1 Materially Adverse Changes. If AT&T revises the Guidebook and the revision has a materially adverse impact on Customer, and AT&T does not effect revisions that remedy such materially adverse impact within thirty (30) days after notice from Customer, then Customer may, as Customer’s sole remedy, elect to terminate the affected Service Components on thirty (30) days notice to AT&T, given not later than ninety (90) days after Customer first learns of the revision to the Guidebook. However, a revision to the Guidebook will not be considered materially adverse to Customer if it changes prices that are not fixed (stabilized) in this Agreement, if the price change was mandated by a governmental authority, or if the charge is affec ted by Additional Charges and Taxes as provided in Section 6 of this Agreement; or if the revision is to Part 3 Sections 2, 4, 5, 7 and/or 13 of the Guidebook. 8.2 Access Right. Customer will in a timely manner allow AT&T to access property and equipment that Customer controls as reasonably required to provide the Services, and Customer will obtain, at Customer’s expense, timely access for AT&T to property that Customer does not control (other than public property) as reasonably required to provide the Services. Access rights include the right to construct, install, repair, maintain, replace and remove access lines and network facilities, as well as to use ancillary equipment space within a building, as necessary for Customer’s connection to AT&T’s network. Customer must provide AT&T timely information and access to Customer’s facilities and equipment as AT&T reasonably requires to provide the Services, subject to Customer’s reasonable security policies. Customer will furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities, and other items reasonably required to perform installation of the Services, and obtain any necessary licenses, permits and consents (including easements and rights-of-way). Customer will have the Site ready for AT&T to perform its work according to a mutually agreed schedule. Service Agreement for AT&T Interstate Broadband Services Provided on Custom Terms P ursuant to the AT&T Interstate Guidebook Case Number GA11-4069-03 Option 1 of 1 Page 6 of 8 AT&T and Customer Confidential Information 9. SERVICES AND JURISDICTION CERTIFICATION Customer acknowledges and certifies that the total interstate traffic (including Internet traffic) on the Service(s) constitu tes more than ten percent (10%) of the total traffic on the Service. 10. CUSTOMER COMMITMENT AND RATES 10.1 Customer Commitment SERVICE QUANTITY COMMITMENT Customer must purchase and maintain the following Service(s) within three (3) months after the Effective Date of this Agreement at a minimum in the quantities of Services listed below (“Minimum Quantity Requirement”): Service Minimum Quantity Requirement Metro Ethernet Service (2 CIRCUITS) At the Effective Date and no less than annually on the anniversary of the execution of thi s Agreement, AT&T will review the quantity of Services purchased and maintained pursuant to the requirements of this Agreement to determine if the Minimum Quantity Requirement for each Service listed above has been met and is being maintained during each month of the Agreement. Services for which Customer has not been billed, or billed and Customer has not paid, will not contribute to the Minimum Quantity Requirement. Failure on the part of AT&T to perform this review shall not be considered a waiver of th is provision. For each month of the term of this Agreement that the quantity of Services is less than the applicable Minimum Quantity Requirement, Customer shall be billed a commitment shortfall. The commitment shortfall for such service shall be equal to the Minimum Quantity Requirement minus the quantity of installed Services multiplied by the rates set forth in this Agreement (“Commitment Shortfall”). Termination charges will not apply upon disconnection of a Service where Customer will incur a Commitment Shortfall for the disconnection of that Service. The nonrecurring charges identified in Section 12 below are waived for the installation of new Services (but not for moves, adds or changes as described in Section 4 above) installed after the Effectiv e Date of this Agreement. Upon disconnection of any Service for which Customer will incur a Commitment Shortfall or a termination liability charge as specified above, and for which these charges were waived at installation, Customer will be charged nonrec urring charges, as identified in Section 12 below, in addition to Customer’s obligation to pay the Commitment Shortfall for the remainder of the Agreement Term and any termination liability charges incurred as provided herein. 10.2 Rates The Rate Elements (aka Service Components), Nonrecurring Charges, Monthly Rates, and USOCs for the Service provided under this Agreement are listed in the ‘RATES AND CHARGES’ section below. Service Agreement for AT&T Interstate Broadband Services Provided on Custom Terms Pursuant to the AT&T Interstate Guidebook Case Number GA11-4069-03 Option 1 of 1 RATES AND CHARGES Page 7 of 8 AT&T and Customer Confidential Information Rate Elements Non-Recurring Monthly Rate USOC 1 eCARS CNUM ____________________ (Tracking number for Ordering and Billing purposes only.) $.00 $.00 N/A 2 Metro Ethernet Service, Basic Service Arrangement, 10 Mbps Basic Connection, per connection (Reward Credit applied to prevailing Guidebook Monthly Rate.) $.00 $630.00 MTEBA Service Agreement for AT&T Interstate Broadband Services Provided on Custom Terms Pursuant to the AT&T Interstate Guidebook Case Number GA11-4069-03 Option 1 of 1 Page 8 of 8 AT&T and Customer Confidential Information RATES AND CHARGES NOTES: 11. SERVICE LOCATIONS AND MSAs 11.1 Address SERVICE LOCATION (street address and City) Metro Ethernet Service 13000 Deerfield Pkwy, Milton 2565 Old Milton Parkway, Alpharetta, GA 11.2 Applicable MSAs The pricing under this Agreement is only available for Service(s) provided in the following Metropolitan Statistical Areas (MSAs), as well as at the specific service locations (if any) identified above which may be located outside of the following MSAs: Atlanta, GA 12. WAIVED NONRECURRING CHARGES Per Section 7 above (and, if applicable, Section 10.1 above), Customer shall pay a termination liability or (if applicable) a Commitment Shortfall charge of an amount equal to all unpaid nonrecurring charges, including nonrecurring charges that were waived as stated below. USOC Description Nonrecurring Charge - Case Preparation Charge $423.00 All AT&T trademarks and service marks contained herein are owned by AT&T Intellectual Property and/or AT&T affiliated companies. END OF ARRANGEMENT AGREEMENT OPTION 1 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: March 12, 2012 Meeting Date: April 9, 2012 Agenda Item: Approval of a Construction Services Agreement between the City of Milton, Georgia and J.J.E. Constructors, Inc. for a Headwall and Shoulder Repair on Bethany Bend Road Discussion: In January 2012 a small sinkhole formed in the shoulder of Bethany Bend Road above a 2- 60”RCP culvert. Following an engineering evaluation it was determined that the sinkhole was caused by a separation of the culvert joints due to settling of the upstream pipe sections. The repair calls for the shoulder to be excavated and the pipes set back in place to close the joint and the construction of a headwall to stabilize the upstream end of the pipe. Staff is recommending approval of the lump sum construction services agreement with J.J.E. Constructors, Inc. in the amount of $20,800. Legal Review: Construction Services Agreement – Paul Higbee, Jarrard & Davis on 2/23/2012 Financial: Funding for this project is available in the Repair Major Stormwater Structures budget Attachments: 1. Construction Services Agreement r0ty of Milton CONSTRUCTION SERVICES AGREEMENT FOR Drainage Improvements — Bethany Bend Headwall This Agreement (the "Agreement") to provide intersection pedestrian improvements is made and entered into this —day of , 2012, 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"), J.J.E. Constructors, Inc., a Georgia corporation with its principal place of business located at 5565 Shirlee Industrial Way, Alpharetta, Georgia 30004 (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City issued a Request For Bid (Bethany Bend Headwall), to solicit bids for drainage improvements at various locations within the City; and WHEREAS, based upon Contractor's bid to construct and to install the storm drain line as required by the bid documents, 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, rales 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 ( 37 Pages); B. Request For Bid RFS (6 Pages), attached hereto as Exhibit "A"; C. Proposal and Bid from Contractor dated (1 Page), attached hereto as Exhibit "B"; D. Performance and Other Bonds, attached hereto collectively as Exhibit "C", E. Plans and specifications, attached hereto collectively as Exhibit "D", F. Contractor Affidavit and Agreement, attached hereto as Exhibit" F% G. Subcontractor Affidavit, attached hereto as Exhibit "F". H.. Save Affidavit, attached hereto as Exhibit -G". I. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties: and 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 Z Proweet Description This project includes the construction of a new rubble headwalllwingwall at the downstream end of an existing storm drain {twin 60" diameter RCP} system located on Bethany Bend Road across from the entrance to Belleterre Subdivision in the City of Milton. The last section of pipe at this location will need to be secured and should rest on a concrete footing constructed as part of the headwall system. The contractor is responsible for all erosion and sediment control measures and for re -shaping the shoulders and slopes, and re-establishing a vegetative ground cover. Section 3 The Work The Work 1, 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 This Contract shall take effect on . 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 5 Contractor's Compensation; Time and Method of Payment Contractor shall be paid in one lump sum for the full agreed -to contract amount of $18,910 ($20,840 less the 10% $1,890 contingency). 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 Rich 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 6 Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders 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 claire 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 terns of this Agreement or increasing the total amount to be paid under this Agreement in excess of $5.000, 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 perforin 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 arr+ Ashall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. 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 al] 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. Contractor shall not be required to indemnify the City 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 City or its officers, boards, commissions, elected or appointed officials, employees or agents. 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 he 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, heenses, or approvals to the City of Milton Representative within ten (1 D) 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 Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (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(1) of this Agreement. (iv) 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(1) 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. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited (l) E -Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F" that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will 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 perfonmance 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 ofQ,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 Q.C.G.A. § 13-10-91 and Rule 300-10-t-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "E." The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor's Iegal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-14-71), a form of which is attached hereto as Exhibit -`G", and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status. to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). 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 Ins ections: 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, infonnation. 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. R 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 al l 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. Q. ley Personnel All of the individuals identified in Exhibit "G" are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the project team, as listed in Exhibit "G", without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City's decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. R. 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. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. if any materials are lost. damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will 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 Bethany Bend load right-of-way, in order for Contractor to complete the Work. B. Ci 's Representative Jim Seeba shall be authorized to act on the City's Behalf with respect to the Work as the City's designated representative Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety. fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor. according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance. the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a tennination 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 II 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, dernands 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: J.J.E. Constructors. Inc. Shirlee Industrial Way Alpharetta, Georgia 30004 F. Sovereign Immunity_. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. G. force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility. embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] SIGNED. SEALED. AND DELIVERED In the presence of: �,�g8lpdq'4-.0 W. NotaryPublic MARCH [NOTARY SEAL] • 2016 R: ammission Ex ires: +�r���►�,';�+ � �p►�` t,` C) IPA MILTON CITY COUNCIL: Joe Lockwood, Mayor 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 Executed in Triplicate [CITY SEAL] Attach seal as required. of 3 EXHIBIT "A" REQUEST FOR BID Bethany Bend Headwall Storm Drain System tmvrovements BIDS DUE February 9, 2012 BY 1:00 PM General Description of Proiect _Scone; This project includes the construction of a new rubble headwalllwingwall at the downstream end of an existing storm drain (twin 60" diameter RCP) system located on Bethany Bend Road across from the entrance to Belleterre Subdivision in the City of Milton_ The last section of pipe at this location has become dislodged and separated and will need to be excavated, re -set, and backfilled to provide sufficient support from surrounding soils. The last section of the pipes should be re -set and should rest on a concrete footing constructed as part of the headwall system. The scope includes removal of fill, re -setting existing pipe sections, backfill, re-establishment of road shoulder, compaction, construction of new headwall/wingwall, placement of rip -rap below headwall, stabilization of disturbed areas. permanent grassing, replacement of any curt or damaged asphalt pavement and traffic control. Any new roadway till. slopes, road bed, and pavement shall be re -constructed in accordance with GDOT and Milton standards. The road shall be re -paved (within the impacted area) with 8" GAB. 2" binder, and 1-112" topping or in accordance with Milton standards. The contractor is to inchede a 10% contingency in laid. Use of contingency. funds must be appromd by the Cit}, of Milton. For additional details see attachments. 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. hand iIng 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 wining 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 contrast 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 (60) days following receipt ofthe bids. )Base Bid Amount (bid amount includes 10% contingency) ( Dollar Amount in Numbers) (Company Name) (Signature) (Printed Name) 1.0 General Conditions a) One lane of traffic shall be open at all times. Lane closures shall be restricted to the hours of 9 am to 4 pm. b) Construction activity within 1000 feet on an occupied residence will be allowed Mon. -Fri. between the hours of 7:30 AM and 7:30 PM and Sat. between 8:30 AM and 5:00 PM. Construction activity more than 1000 feet from an occupied residence will be allowed Mon,- Fri. between the hours of 7:00 AM and 10:00 PM and Sat. between the hours of 8:30 AM and 6:00 PM. c) Contractor must notify the City of Milton (578) 242-2500, twenty-four (24) hours prior to beginning construction. d) Burial of construction materials is not permitted within the City of Milton. All construction materials and debris within the work area shall be properly disposed of by the contractor. e) The contractor is responsible for any damaged property which occurs as a result of this project. The contractor shall replace any damaged property at his own expense. f) Unless otherwise stated, the City shall provide all necessary permits and easements associated with this project prior to issuance of the Notice to Proceed. 2.0 Materials, Equipment and Employees a) The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, fuel, sanitary facilities and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied there from, all in accordance with the contract documents. b) All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications. c) No changes shall be made in the Work except upon written approval and change order of the city. d) Products are generally specified by ASTM or other reference standard and/or by manufacturer's name and model number or trade name. When specified only by reference standard. the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed. However, the contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired; and that equivalent products will be acceptable. Substitution of materials. items or equipment of equal or equivalent design shall be submitted to the architect or engineer for approval or disapproval; such approval or disapproval shall be made by the architect or engineer prior to the opening of bids. e) If at any time during the construction and completion of the work covered by these contract documents, the conduct of any workman of the various crafts be adjudged a nuisance to the Owner or if any workman be considered detrimental to the work, the Contractor shall order such parties removed immediately from the site. f) The contractor shall designate a foremanisuperintendent who shall direct the work. 3.0 Erosion and Sediment Control a) The contractor will provide suitable erosion and sediment control measures so as to prevent sediment from leaving the site. Maintenance of erosion and sediment control measures is required at all times. The contractor shall have certified erosion and sediment control personnel on site at all times. All NPDES. GSWCC and City of Milton guidelines should be followed. b) All erosion and sediment control work shall be performed in accordance with the standards provided in the Georgia Manual for Erosion and Sediment Control in Georgia, latest edition. c) Provide double row of Type C silt fence along the down slope side of all disturbed areas. All barriers shall be in place prior to any land disturbing activities. d) Silt fences and hay bale barriers shall be cleaned or replaced and maintained in functional condition until permanent erosion control measures are established. All silt fences and other temporary measures will be removed by the contractor/developer when the site is stable. e) Silt fence fabric shall be comprised of Ga. Department of Transportation qualified products Section 171, type "C", for silt fence fabric. Type "A" silt fence fabric and construction may be allowed with prior written approval from the land development inspector. f) Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case shall a site be left bare for more than fourteen (14) days. g) No clearing beyond the limits of disturbance shown on the approved plans shall be allowed without approval. h) Provide matting, temporary and permanent seeding of all slope faces. i) Provide a minimum of'/ inch of mulching, temporary and permanent seeding of all other disturbed areas. 4.0 Earthwork a) The area within the typical grading section shall be cleared of all trees, brush, stumps, logs, grass roots, vegetable matter. poles, stubs, rubbish, refuse dumps, sawdust piles, and all other matter resting on or protruding through the original ground surface or appearing or being placed on the area within the typical grading section before final acceptance of work. b) All depressions below the ground surface containing water shall be drained, unsuitable material removed and filled with suitable material and compacted to the ground surface before the embankment proper is begun. Any area deemed Jurisdictional under federal, state or local regulations shall obtain required approvals or pen -nits prior to any land disturbing activities in those areas. c) Sub -grade preparation shall be in accordance with GDGT specifications and these regulations. d) if any sections of the sub -grade are composed of topsoil, organic, or other unsuitable or unstable material, such material shall be removed and replaced with suitable material and thea thoroughly compacted as specified for fill or stabilized with stone or a geo-textile or geo-grid. e) Fill shall be placed in uniform, horizontal layers not more than 8" thick (loose measurement). Moisture content shall be adjusted as necessary to compact material to 95% maximum laboratory dry density as determined by AASHTO method T-99. f) After the earthwork has been completed, all stone drainage, water, and sanitary sewer utilities have been installed within the right-of-way as appropriate, and the backfill in all such ditches thoroughly compacted, the sub -grade shall be brought to the lines, grades, and typical roadway section shown on the plans. g) Provisions shall be made by the contractor to ensure adequate drainage and prevent possible damage to the work area. 5.0 Utilities a) The contractor shall be required to coordinate and manage any and all utility locates and/or relocations within the scope of this project. 6.0 Performance a) All work performed steal I be in accordance City of Milton 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 Safety Requirements a) The Contractor shall be responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He shall be responsible for any damage to the Owner's property or that of others on the job, by himself, his personnel or his subcontractors, and shall make good such damages. He shall be responsible for and pay for any claims against the Owner arising from such damages. b) The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing, and shalI barricade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. 8.0 Wetlands and Stream Buffers a) No work shall be permitted within any designated wetland or stream buffer area without prior approval of the City of Milton. Wetland areas and Stream buffers shall be designated by the City of Milton prior to the issuance of a notice to Proceed. 9.0 Codes, Permits and Inspections a) The Contractor shall obtain the required pen -nits, if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. if the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Designer in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the Owner, he shall bear all cost arising there from. 10.0 Clean Up a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shalt remove debris from the site from time to time or when directed to do so by the Owner. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the sites, and completely prepare the project and site for use by the Owner. 11.0 Schedule a) Project shall start within 1 week of date of award and be completed in satisfactory manner. as deemed by MDPW, within 3 weeks from date of award, with final inspection scheduled within 3 weeks from the date of award. 12.0 Detail[Drawings (See Attached) 1fe'CTPf'#ilrC,p E!n l�+r 10, +■ � ' s �� � ! •tib goo • • n.'�' ..�yrn'1 ti]S 6:3G � F►14iL r 1' I y y c 4a5S.Z� � l� S410TY3d FT�S+x •� } ty'' 5 WE FF A,600 New i►56a8 i+],F f `� eu ` HeadMing SQ fl Wall � ' e' J' - yam. • fl ••C k' SLL6 L 5[ ire . i q3. ;4 k • ; : ply. t i, CHY 'aJ.4�' a3''4P-z9-it r - � 114FT14A NIV Ril, EXHIBIT "B" BID FROM CONTRACTOR Bethany Bend Headwall Storm Drain System Improvements BIDS DUE February 9, 2012 BY 1:00 PM General Description of Proiect Scope: This project includes the construction of a new rubble headwalllwingwall at the downstream end of an existing storm drain (twin 60" diameter RCP) system located on Bethany Send Road across from the entrance to Belleterre Subdivision in the City of Milton. The last section of pipe at this location has become dislodged and separated and will need to be excavated, re -set, and backfilled to provide sufficient support from surrounding soils. The last section of the pipes should be re -set and should rest on a concrete footing constructed as part of the headwall system- The scope includes removal of fill, re -setting existing pipe sections, backfill, re-establishment of road shoulder, compaction, construction of new headwalllwingwall, ptacernent of rip -rap Wow headwall, stabilization of disturbed areas, permanent grassing, replacement of any cut or damaged asphalt pavement and traffic control. Any new roadway fill, slopes, road bed, and pavement shall be re -constructed in accordance with GDOT and Milton standards. The road shall be re -paved (within the Impacted area) with 8" GAB, Z binder, and 1-112' topping or in accordance with Milton standards. The contractor is to include a 10% contingency in bid. Use of contingency funds must be approved by the tarty of Milton. For additional details see attachments. 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 affect ng the cost of the work and the delivery. hendfing 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 ail construction labor, materials, equipment. products, transportation, and other facilities and services as necessary andlor 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 (60) days following receipt of the bids. Base Hid Amount occ) _. (bid amount includes 10% contingency} (Dollar Am nt iofi n Numbers) )F— (Company_lame) 441 [Sig tore} L L (PdrrWd Name) EXHIBIT I.&G" BUNDS PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT J.J.E. Constructors. Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and v(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 eighteen thousand nine hundred ten dollars and zero cents ($18,910), 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 Bethany Bend Headwall (hereinafter referred to as "tine 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 CIaimant 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 aand� caused this obligation to be signed by their duly authorized officers on this -ZA4C—'day of 2012. JAE. Constructors, Inc. (Signatures Continued on Next Page) Atte t: Title: f'>G Date: 3' ;�.- j Z, - (Name of Contra tar's Surety) e 'o'"1 By: I Title:(SEAL) Attest: 4L Date:—,3 Z I t Z (ATTACH SURETY'S POWER OF ATTORNEY) POWER OF ATTORNEY AMERICAN CON-I'RACTORS INnEalNM CQliPANY UNrMD STAPES SURETY COiv MNY U.S. SPECIALTY INSURAtiCE COMPANY KNOW ALL MEN 13Y THESE- PRESENTS: That American Contractors Indemnity Company, a California corporation., United States Surely Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constilute and appoint: Rupert A. Yarbrough of Atlanta, Georgia its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver Any and all bonds, recogniz•tnces, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty- does not exceed *****Twenty-five Million***** Dollars ($ *25,000,000,00* }. This Power of Attorney shall expire without further action on March 18, 2015, This Power of Attorney is granted tinder and by authority of the following, resolutions adopted by the Boards of Directors of the Companies: Be it Resoh ed, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vtattd with full power and authority to appoint any one or more suitable persons as Altnrney(sl-in-Fact to represent.and act for and on behalf of the C ornpany subject to the following provisions: .homey -in -Furs shay bt given 11111 power and authority a)r and in the narne of and on behalf of the Conhpany, w execute, acknowledge and deliver, any and all bonds. recognimiuhces, contractst agreements or indemnity and other conditional or obligatory tmderuddrigs, including any ttnd all Consents Air the release of retained percentages and+or final estimates on engineering and consmiction conttsets, and any and all notices and documents canceling or terrnina ling thre Conhpany's liability thereunder, and arty su ch instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Rc. is Rcen[ve4. that ale signature of any autlloriZed ki fri Cpr and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relaring thereto by faesitnik, and any power of attorney or certificate hearing facsimile signature or facsimile seal shall be vatid and binding upon the Company with respco to any bond or undertaking to which it is attached. IN Wl'I`NESS WHEREOF, The Companies leave caused this instrument to be signed and their corporate seals to he hereto affixed, this 3" day of October, 2011. A,Nw.Rmi,N Corr RAc•roPs INmizNuwrtV CON IPA.NY UNITED STATES SURETY COAIPAIY U.S. SPECIALTY INSITRANCE COMPANY �cTokr Coq)orate Seals `4�� A", T1% atttt>n SEAL c� 1 �rtu.l�a I� � �Fly. 1t Daniel P. Aguilar, Vice President State of['ali£ornia• -�- County of TAls Angeles SS: On this 3`d day of October, 2011, before me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that lie executed the sante in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s).acted, executed the instrument. 1 certify tender PENALTY OF PERJURY under the laws of the State of California that 1he foregoing parf!p app is true and correct. WFFNESS my hand and official seal. DESGRAti REESE Signature //1 �•rA sron I 172W48 k01WI P - C401ftfN3 �^ to$ ANON's co-unir Cwnm rkplres Ater 16, 29151 I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U -S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect-, furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. Z +� In Witnf�s W11 reof, I have hereunto set my hand and affixed the seats of said Companies at Los Angeles, California this day of 212 , 7.01 '-r Corporate SealsVa�tµ(TOO T T'h `1�ilffkn'll? � � �R� � � ! Band No. 3 st1t2[.,ity �� SEAL leannia Loi. ,SSiSttlnt Sccritnry Aptncy No. 16844 �� PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT J.J.E. ConStrpCtors. Inc. s 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 elle sum of eighteen thousand nine hundred ten dollars and zero cents ($18,910), 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 . 2012 which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project known as Bethany Bend Headwall, (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 perfonnance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. 32 IN WITNESS WI3EREOF, 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 16&rc—�- .2012. Ai# st: Title:��,�,,, Date: � -1 -17, Attest: Date: 3 Z4 I Z J. T SEAL) (Name of Contra a 's Surety) gy: Title: - f •if - l—CZcz (SEAL) (ATTACH SURETY'S POWER OF ATTORNEY) 33 POWER OF ATTORNEY A-NIERICAN CONTRAcToRs I,N-IIEAINITY COAIPAN-Y ITi<rml) STATES SURETY COMPANY U.S. SPECIALTY INSURANCE CONIPANY KNOIW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Instuancc Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Robert A. Yarbrough of Atlanta. Georgia its true and lawtial Attorneys) -iii -fact, each in their separate capacity if more titan one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed _ *****Twenty-five Million***** Dollars (S *25,000,000.00* This Power of Attorney shall expire without bather action on March 18, 2015. This Power of Attorney is granted tinder and by authority of the t1ollowing resolutions adopted by the Boards of Directors of the Companies: Be it Resolivd. that Lhe President, any Vice -President, any Assistant Vice -President, nny Secretary or any Assi&Unt.Secretary shall be and is hereby crested with full power and authority to appoita any one or moresuitable persons as Atloney�s)-in-Fact to represent and act for and ern behalf of tht Company subject to the Following prn'c'isioos: 1ltaryre] -err-Fcre7 may be given till louver and authority for and in the name of and oa behalf of the Company. to execute• acknowledge and deliver, any and all bonds. recognizances. contracts, agreements nr indemnity and other conditional or obligatory undertakings, inchtding any and all ccrosertu for the release of retained percentages andtor final estimates on cngineciing and construction contract, and any and all notices and documents canceling or iciminadng the Company's Iiability dtereuader, and any such instruments so executed by any such Attorney -in -Fact %hail be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary, Be !t Resolved. thin the sipVnature of any alai horized officer and sell ill r the Company lieretofare or licreat}er affi xLd to any poiiw of atl orney or any cLai ficaLe rely ting thereto by facsintiie, and any power of attorney or certilicatc bearing facsimile signature or faLsimile seal shn11 be valid and binding upon the Company with resp ceI to any bond or undertaking to which it is attached. IN WITNESS WI-IFREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 3"` day of October, 2011. A-NLERIC_-N CONTIiACroRS INDF141NITY CottPANY UNrrl_Il STATES SITRETY COniPANY U_S_.SPECIALTY IT<StTRANCE COMPANY t C'otporate Seals . r"T "'r� T AL mmusm 4 SEAL 9n SRI M y Daniel P. Aguilar, Vice President State of California County of Los Angeles SS: [hl this 3`a day of October, 201 I, before me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President of Americana Conti -actors lndenulity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me out the basis of satisfactory evidence to be the person whose name is subscribed to the within instrnnient and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the im trurnent the pL"on(s), or the entity upan behalf of which the person(s) acted, executed the instnuuent. I certify under PENALTY OF PERJ7RY under the laws of the State of California that the 116rc =ming paragraph is true and correct- WFTNESS my hand and official seat. otaauw REnsE Z nRIRrsHDR t !426016 Signature �r iL {Self] = Kr7Wi F101-Ah"1 • Cowt.ly . ''� Los rvn4trfs Cpurty L tk0.!!1- t•iplr iS Y v t tr • i a! s+ I, Jeannie Lee., Assistant Secretary of American Contractors Indemnity Company, [United States Surety Company and U.S. Specially Insurance Compaaay, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still int full force and effect; furthermore, the resolutions of the Boards of Directors, set Out in the Power of Attorney are in full force and effect. Ill Witness Whereof, I have hereunto set my liana and aflixed lite seals of said Companies at Los Angeles, California this Z_A4 day til /[r(1*rs. . zAVr 7 - Corporate Corporate Seals ���ti�tlaRf�yd pfci�� T 3r al Canum y ra{ tF BrandNo. rr StTt�•19� i^ �JEAL*I �i Jeannie Lee, sistant Secretary Agency No. 16944_ �!'° �` b EXHIBIT "D" PLANS AND SPECIFICATIONS All that work required by and included in Exhibit A 34 EXHIBIT "E" STATE OF GEORGIA CITY OF AULTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-I0-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C,G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "F" Contractor fiirther 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. is Pilot Program User Identification Number Authorized Officer or Agent Date J.E. Constructors. Inc. Rr=� - Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent EYYIJ.�Yy11 11 PX5Wl 1.�►.�L�7.��I 35 STATE OF GEORGIA CITY OF MILTON EXHIBIT "F" olk SUBCONTRACTOR AFFIDAVIT By executing this of idavit, the undersigned subcontractor verifies its compliance with 0.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 J.J.E. Constructors. Inc. on behalf of the City of Milton has registered with and is participating in a federal work authorization program., in accordance with the applicability provisions and deadlines established in O,C_G.A. § 13-10-91. EEV f Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date [Insert Subcontractor Name] Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 2012 Notary Public My Commission Expires: 36 EXHIBIT "G" SAVE Affidavit By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. § 50-36.1, from the City of Milton, the undersigned applicant verifies one of the fo lowing with respect to my application for a public benefit: 1) 1 am a United States citizen. 2) 1 am a legal permanent resident of the United States, 3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in �l�[ �r ,u (city), iTybn& (state), SUBSCRIBED AND SWORN BEFORE MEN THIS THE ,O UAA AY OF , 20_1_L NOTARY PUBLIC My Commission Expires: Sig�u of Applicant lf i jAQ Name of Applicant E M 1ar�,�4f �� u MARGB 201 37 ACORD CERTIFICATE OF LIABILITY INSURANCE TE_ (MMI)DlYYYYI DA03/06/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER - IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(lesy must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the Certificate holder in lieu of such endorsement(s). PRODUCER Starr -Mathews Agency Inc 108 North Court St. NAME: {,I°NN I, 706.629."41 #mac,Ho}; 706.629.3631 e_MJL ADDREssi _ INSURER($) AFFORDING COVERAGE NAIL;; P. 0. Box 188 .. ............... INSURER A; Cincinnati Insurance Co. Calhoun, GA 30703-0188 INSURED a.3.E. Constructors, Inc. INSURER 0; Guard Insurance Group PO SOX 76953 INSURER C; Atlanta, GA 30358 INSURER O: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 2011-12 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER D INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSIR TYPE OF INSURANCE POLICY EXP ...-_...-.. LIMITS LTR INSR WYD PpLCY NUMBER MwooryYYY (MLUGDNYYY} ACCORDANCE WITH THE POLICY PROVISIONS - GENERAL LABILITY EPP002595 04/30/2011 04130/2012 EACH OCCURRENCE 1 1, 000, 00 PREMISES( a occurron $ 5001 00( X COMMERCIAL GENERAL LIABILITY CLAIMS-MAOF OCCUR MEQ EXP (Any one person) $ 10, 00 A PERSONAL &ADY INJURY $ 1 QQ -Q-O(), GENERAL AGGREGATE a_z 2 _Poo, QQ PRODUCTS - COMPIOP AGG . $ 21000,00 GEN'I. AGGREGATE LIMIT APPLIES PER POLICY PRO- LOC i JECT s-. AUTOINOBILEUABIUTY EPP002595 04/30/2011 04/3012012 EeaCcidenti S 11000,00 X ANY AUTO BODrL r INJURY {Per person) s A ALLOVNNEDSCHEDULE] AUTO$ AUTOS BODiLYINJURY(Per acodont) S X HIREDAUTOS X NON -OWNED AUTOS (Per accident ___ _- S �[ UMBRELLA UA13 X OCCUR EPP002 59510413012011 04130/2012 EACH OCCURRENCE s S,000,00( AGGREGATE s S,000,00( A EXCESS UAB CLAIMS -MADE I - I -.I -D I X RETENTIONS _0_ S WORKERS COMPENSATION IIWC22508 04130/2011 04/30/2012 X TORY LIMITS ER AND EMPLOYERS' LIABILITY YN ANN PROPRIETORIPARTNER]EXECUTIV ELL EACH ACCIDENT $ 11000100 B OFFICERIMEMBER EXCLUDEC tD (Mandatory in NH) NIA --- E -L DISEASE - EA EMPLOYEEI S 1, 000 00 If yyes, describe under 4ESCRIPT10N OF OPERATIONS below E L DISEASE - POLICY LIMIT I S 1,000,00 Leased/Rented Equipment EPP002595 04/3012011 04/3012012 Limit - $150,000 A' DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES {Attach ACORD 101, AddlMonal Remarks Schedule, it more space Is requlredl EF: Bethany Bend Headwall -Drainage Improvements Certificate Holder is included as additional insured in regards to general liability as elates to this project. CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved- ACORD 25 (2010105) The ACORD name and logo are registered marks of ACO RD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED FIFFORE THE EXPIRATION DATE THEREOF, NOTICE WELL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS - City Of Milton AUTHORRED REPRESENTAWE 13000 Deerefield Pkwy, Ste 107 Alpharetta, GA 30004 )ames Mathews/DD © 1988-2010 ACORD CORPORATION. All rights reserved- ACORD 25 (2010105) The ACORD name and logo are registered marks of ACO RD 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: March 12, 2012 Date: April 9, 2012 Agenda Item: Approval of a Professional Services Agreement between the City of Milton, Georgia and Transmap Corporation for a City-Wide Pavement Condition Survey Discussion: In 2009 the city adopted a Pavement Management Plan as part of the overall Comprehensive Transportation Master Plan. The Pavement Management Plan is based on a road condition survey that rates each road on a pavement condition index (PCI) scale of 0-100, lower numbers representing lower quality roads. The relative rating of the roads is then used to establish paving priorities as well as types of rehabilitation measures that would be suitable for the current condition of the roads. The 2009 Pavement Management Plan was based on PCI scores developed with the initial incorporation of the city in 2006 and is outdated. As part of our pavement management capital program a comprehensive pavement re-evaluation was scheduled for this year to update the scores to reflect the current condition of the roads. In accordance with our standard procurement policies the City issued an RFP to solicit qualified firms to provide the pavement evaluation, database development and training to manage this asset. Twelve firms submitted qualifications and Transmap Corporation was selected as the preferred consultant based on qualifications and price. Staff is recommending approval of the contract for a City-Wide Pavement Condition Survey with Transmap Corporation in an amount not to exceed $39,996.48. Legal Review: Professional Services Agreement – Paul Higbee, Jarrard & Davis on 3/2/2012 Financial: Funding for this project is available in the Pavement Management budget Attachments: 1. Professional Services Agreement /111-1 rcity of Milton PROFESSIONAL SERVICES AGREEMENT PAVEMENT EVALUATION SERVICES This Agreement made and entered into this day of , in the year 2012, 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 Transmap Corporation ("Consultant") having its principle place of business at 3366 Riverside Drive, Suite 103, Upper Arlington, Ohio 43221. WHEREAS, the City issued a Request for Proposals (12 -PW 1 for FY2012 Citywide Pavement Condition Survey), to solicit firms to provide pavement evaluations and recommendations; and WHEREAS, based upon Consultant's bid to provide Pavement Evaluation 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 Consultant 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 SCOPE OF WORK/REQUEST FOR PROPOSAL EXHIBIT B FEE SCHEDULE/RESPONSE TO RFP EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D CONSULTANT AFFIDAVIT EXHIBIT E SUBCONSULTANT AFFIDAVIT EXHIBIT F SAVE AFFIDAVIT 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. 2.0 Scope of Work; Compensation 2.1 The Consultant agrees to provide all Services specified in Exhibit "A." In addition to the tasks required by Exhibit "A" the Consultant shall provide a sign inventory for approximately 64 miles of roadway (up to 650 signs) as identified in Exhibit "A", Table 1. Sign inventory shall be provided in an ESRI compliant database and shall, at a minimum, collect the following attributes: MU7FCD code, Face Direction, Post Type, Condition (Good, Fair, Poor). 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-dclivered. 2.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a fee of $39,996.48 (the "Contract Price"), 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. 2.3 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 Consultant 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 Consultant shall proceed with the changed work. 2.4 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. 2.5 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 $5,000, must be approved by resolution of the Milton City Council. 3.4 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, licenses or approvals that may be necessary for the performance of the services. 3.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or 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 limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 5.0 Insurance (I} Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability Iimits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and. Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant. products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies Shall not af'f'ect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant 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 Consultant under the terms of this Agreement, including but not limited to Section 4 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: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sulo -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 Iater. (9) Cit; as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee ori all policies required by this Agreement. 6.0 Term; Termination The term of this Agreement shall be from April 10, 2012 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2012, 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, 2012, shall automatically renew on January 1, 2013 to April 1, 2013. 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. The City may terminate this Agreement for convenience by providing at least thirty (30) days prior written notice of such termination to Consultant. Title to any Supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 7.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of arty 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. 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 constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements. negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. I4.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 15.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107E Milton, Georgia 30044 NOTICE TO THE CONSULTANT shall be sent to: Transmap Corporation Attn: Floward Luxhcj, PE 3366 Riverside Drive, Suite 103 Lipper Arlington, ❑H 43221 17.0 No 11'ersonal 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. 18.0 Employment of Unauthorized Aliens Proliihited (1) E-VerifyAffidavits 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 Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" that it and Consultant's sub -consultants 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 Consultant's and Consultant's subcontractors' verification process to determine that the verification was correct and complete. The Consultant 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 Consultant or Consultant's sub -Consultant employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and Consultant'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 Consultant or Consultant's sub -consultant are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Consultant to terminate or require its sub -Consultant to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Consultant's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Consultant shall be liable for all damages and delays occasioned by the City thereby, Compliance with the requirements of'Q.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory Consultant agrees that, in the event the Consultant employs or contracts with any sub -consultants) in connection with this Agreement, the Consultant will secure from the sub-consultant(s) such sub - consultant (s') indication of the above employee -number category that is applicable to the subcontractor. Consultant's compliance with the requirements of f7.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the consultant's affidavit attached as Exhibit "D." The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to a.C.G.A. § 50-35-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing, the Consultant's legal status in the Country each time that Consultant obtains a public benefit, including any contract, from the City. Consultant hereby verifies that it has, prior to executing this Agreement. executed a SAVE Affidavit (to be swom under oath under criminal penalty of false swearing pursuant to D.C.G.A. ys 16-10-71), a form of which is attached hereto as Exhibit "P", and submitted such affidavit to the City in person, electronically, or by mail. Further, Consultant verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or electronically (iii compliance with the Uniform Electronic Transactions Act), Consultant verities that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Iinniigration Compliance Act (O.C.G.A. § 50-36- 1). The above requirements shall be in addition to the requirements of State and federal law, anti sltialf be construed to be in conformity %kith those laws. IN W11 -NESS 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_ [SIGNATURE ON THE FOLLOWING PAGE] SIGNED, SEALED, AND DELIVERED in the presence of: Witness CC C'O Notary Public [NOTARY SEAL] My Commission Expires: 1/29/,70/& tion By / Howard Luxhoj. PE s: President & CEO [AFFIX CORPORATE SEAL] Colleen Collins Notary Pubic, Stale of OW My Commission ROBS 09.29.2016 CITY OF MILTON: Its: [CITY SEAL] EXHIBIT "A" SCOPE OF WORK/REQUEST FOR PROPOSAL Table i. On -sight Raw Data PCI Calculation Sign Inventory on Collectors Street Name Len h (Miles) Collection(Miles) Miles Miles Affirmed Ct 0.39 0.39 0.39 Affirmed Ln 0.17 0.17 0.17 Aintree Ct 0.03 0.03 0.03 Alpha Woods ❑r 0.29 0.29 0.29 Alstonefield Dr 0.25 0.25 0.25 Alyda Way D.09 0,09 0.09 Antier Rdg 0.08 0.08 0.08 Arabian Ave 0.53 0.53 0.53 Arbor North Dr 0.09 0.09 0.09 Arbor North Way 0.17 0.17 0.17 Amaro Dr 0.35 0.35 0.35 Arcaro 'Gree 0.04 0.04 0.04 Arch ate Ct 0.60 0.60 0.60 Aria Ct 0.03 0.03 0.03 Arklow Dr 0.13 0.13 0.13 Ashepoint Cir 0.06 0.06 0.D6 Ashepoint Way 0.16 0.16 0.16 Athlone Ct 0.08 0.08 0.08 Attawan PI 0.06 0.06 0.06 Aurelia Trce 0.10 0.10 0.10 Autumn Use 0.79 0.79 0.79 Aven Ct 0.06 0.06 0.06 Avening Ct 0.05 0.05 0.05 Aven5ong Crsg 0.34 0.34 0.34 Avensong Ives way 0.25 0.25 0.25 Avenson& Villa a Or 0.78 0.78 0.78 Aventide Ln 0.36 0.36 0.36 Aylesford Ct 0.19 0.19 0.19 Barberry Or 0.49 0.49 0.49 Batesville Rd 1.31 1.31 1.31 1.31 Bay Colt Rd 0.61 0.61 0.61 Bayf leld Ct 0.16 0.16 0.16 Bell Park Rd 0.18 0.18 0.18 Beileterre Dr 0.65 0.65 0.65 Beringer Ct 0.05 0.05 0.05 Berkshire Ln 0.05 0.05 0.05 Bethany Bend 2.93 2.93 2.93 2.93 Bethany Church Rd 0.52 0.52 11.52 Bethany Creek Ct 0,45 0.45 0.45 Bethany Green cv 0.11 0.11 0.11 Bethany Green Ct D.40 0.40 0.40 Street Name Le h (miles) on -Sight Raw Data Collection (Miles) PCI Calculation (Milesy Slgn Inventory on Collectors Mlles Bethany flaks Pte 0.56 0.56 0.56 Bethany Rd 2.00 2.04 2.00 2.00 Bethany Way 0.70 0.70 0.70 0.70 Birmin ham Rd 2.75 2.75 2.75 2.75 Blackrock Trce 0.20 0.20 0.20 Blue Heron Way 0.29 0.29 0.29 Bodium Ct 0.11 0.11 0.11 Bran an TO 0.51 0.51 0.51 Bray Road Ct 0.03 0.03 0.03 Bream Dr 0.51 0.51 0.51 Brickwood Ln 0.32 0.32 0.32 Brid ett Ct 0.11 0.11 0.11 Broadwell Rd 0.35 0.35 0.35 0.35 Brookeivey Ln 0.17 0.17 0.17 Brookshade Pkwy 0.78 0.78 0.78 Buckfield Ln 0.13 0.13 0.13 Buckland Run 0.16 0.16 0.16 Bunker Ct 0.07 0.07 0.07 Burren Or 0.08 0.08 0.08 Cadence Ct 0.04 0.04 0.04 Cagle Rd 0.04 0.04 0.04 0.04 Calton Hill Ct 0.19 0.19 0.19 Camelon Ct 0.03 0.03 0.03 Cannon ate Ct 0.06 0.06 0.06 Canonero Ct 0.11 0.11 Canonero Dr 0.39 0.39 Canongate Kirk Cir 0A6 0.06 0.06 Canterbury Chse 0.49 0.49 0.49 Canterbury Lk 0.12 0.12 0.12 Canterbury Ln 0.12 0.12 0.12 Caris Ct 0.13 0.13 0.13 Cedar Farms Ct 0.40 0.40 0.40 Cella Ct 0.03 0.03 0.03 Champions Case 0.49 0.49 0.49 Champions Club Ct 0.02 0.02 0.02 Champions Club Dr 0.36 0.36 0.36 Champions Fairway Ct 0.10 0.10 0.10 Champions Fairway Or 0.13 0.13 0.13 Champions Hills Ct 0.02 0.02 0.02 Champions Hills 0r 0.23 0.23 0.23 Champions View Dr 0.57 0.57 0.57 Champions View Pkwy 0.28 0.28 -0,28 Champions Vista Ct 0.08 0.08 0.08 Chantress Ct 0.07 0.07 0.07 Charlotte Or 0.23 0.23 0.23 0.23 On -Sight Raw Data PCI Calculation Sign Inventory on Collectors Street Name Length (Miles) Collection Miles (Miles) (Miles) Cheltenham Walk 0.43 0.03 0.03 Cherington Way 0.13 0.13 0.13 ChippJng Wood Ct 0.34 0.34 0.34 Christo hers Run 0.40 0.40 0.40 Citation Tri 0.09 0.09 0.09 Club Cir 0.41 0.41 0.41 Coach House 1n 0.28 0.28 0.28 Ca burn Rd 3.05 3.05 3.05 3.05 Cogdelf Rdg 0.10 0.10 Cv dell Trl 0.15 0.15 Colonia! Ln 0.37 0.37 0.37 Colonnade Way 0.23 0.23 0.23 Columnsgreen Ln 0.04 0.04 0.04 Columnswood Way 0.06 0.06 0.06 Conagree Ct 0.10 0.10 Cooper Sandy Cv 0.43 0.43 0.43 Cooper Sandy Pte 0.03 0.03 0.03 Copper Creek Cir 0.26 0.26 0.26 Cattoneaster Ln 0.11 0.11 0.11 Country Ridge Rd 0.38 0.38 0.38 Cowart Rd 0.32 0.32 0.32 Cox Rd 0.71 0.71 0.71 0.71 Crabapple Ct 0.06 0.06 D.06 Crabapple Hill 0.10 0.10 0.10 Crabapple Way 0.09 1 0.09 0.09 Creek Club Dr 1.48 1.48 1.4$ Creek Pt 0.16 0.16 0.16 Creek Rd 0.20 0.20 0.20 Creek Ridge Chse 0.06 0.06 0.06 Crown Cv 0.08 0.08 0.08 Croyton Ter 0.07 0.07 0.07 Dancers Way 0.13 0.13 0.13 Danesfeid Dr 0.23 0.23 0.23 Dartmouth Rd 0.23 0.23 0.23 Davis Glen Ct 0.03 0.03 0.03 Deerfield Pkwy 1.70 1.70 1.70 1.70 Devonshire Farms Way 0.47 0.47 0.47 Dinsmore Rd 1.73 1.73 1.73 1.73 Dockhrid a Way 0.23 0.23 0.23 Dane al Ln 0.34 0.34 0.34 Dorris Rd 1.32 1,32 1.32 1.32 Double Creek Ln 1 0.37 0.37 0.37 Double Springs Way 0.28 0.28 0.28 Dover Rd 0.23 0.23 0.23 stmet Name Len Miles On-Sight Raw Data Collection (Miles) PCI. Calculation Miies Sign Inventory on Collectors (Miles] Drummond Rand Rd 0.37 0.37 0.37 _ ^ Dunbrody Ave 0.20 0.20 0.20 _� Dunbrody Of 0.42 0.42 0.42 E. Sluff Rd 1.19 1.19 1.19 Ea les Pass 0.18 GAS 0.18 Ebenezer Rd 0.29 0.29 0.29 0.29 Eighteenth Fairway Ct 0.28 0.28 0.28 Eilzabeth Oak Ct 0.06 0.06 0.06 Elmdale Ct 0.15 0.15 0.15 Enger PI 0.07 0.07 0.07 Ever race Dr 0.25 0.25 0.25 Fairfax Dr 0.10 0.10 0.10 Fe stop Ct 0.03 0.03 0.03 Fieldstone Tri 0.33 0.33 0.33 Five Acre Rd 0.42 0.42 0.42 Francis Rd 1.56 1.56 1.56 1.56 Freemanviile lid 7.35 7.35 7.35 7.35 Freemanwood Ln 0.46 0.46 0.46 Gale Ct 0.03 0.03 0.03 Galecrest Dr 0.11 0.11 0.11 Galiowa Ct 0.19 0.19 019 Galloway Vw 0.11 0.11 0.11 Gates Mill Way 0.28 0.28 0.28 Genesis Way 0.19 0.19 0.19 Gladwyne Ct 0.02 0.02 0.02 Gladwyne Ride Or jj I 0.33 0.33 0.33 Glen Hampton Dr 0.37 0.37 0.37 Glen Hampton PI 0.06 0.06 0.06 Glencreek Way D.71 0,71 0.71 Glendalou h Ct 0.14 0.14 014 Grassview Or 0.57 0.57 0.57 Green Rd 0.49 0.49 0.49 0.49 Greenpoint Dr 0.12 0.12 0.12 Greenview Ter 0.52 0.52 0.52 Gunston Hall Cir 0.43 0.43 0.43 Gunston Hall Dr 0.21 0.21 0.21 Hagood Rd 0.50 0.50 0154 0.50 Haley Pass 0.08 0.08 0.08 Hailhraok Ct 0.19 0.19 0.19 Hallhrook Ln 0.26 0.26 0.26 Harnby Rd 1.31 1.31 1.31 1.31 Hamiota Rdg 0.35 0.35 0.35 Hampton Bluff Dr 0.41 0.41 0.41 Hampton Sluff Ln 0.11 0.11 0.11 Hampton Trace Ln 0.11 0.11 0.11 on -Sight Raw Data PCI Calculation Sign Inventory on Collectors Street Hayne Length (Miles) Collection (Miles) (Miles) (Miles) Hampton View Ct 0.09 0.09 0.09 Harmony Ct 0.10 0.10 0.10 Harpley Ct 0.13 0.13 0.13 Hawks Or 0.01 0.01 0.01 Haybrid a Ln 0.45 0.45 Heddin ham Ct 0,07 0.07 0.07 Henderson Heights Dr. 0.36 0.36 0.36 Henderson Hei hts Tri 0.13 0.13 0.13 Henderson Rd 1.29 1.29 1.29 1.29 Hereford Rd 0.16 0.16 0.16 Hermitage TH 0.13 0.13 0.13 Heron Run Ct 0.22 0.22 0.22 Hickory Flat Rd 1.33 1.33 1.33 1.33 Hickory Mill Ct 0.06 0.06 0.06 Hickory Mill Ln 0.27 0.27 0.27 Hickory Oaks Ct 0.17 0.17 0.17 Hickory Pass 0.06 0.06 0.06 Hi h rove Club Rd 0.52 0.52 0.52 Hi h rave Rd 0.47 0.47 0.47 Highland Oaks Ct 0.15 0.15 0.15 Highlands Manor Ct 0.13 0.13 0.13 Highlands Manor Trce 0.08 0.08 0.08 Hi worth Rd 0.76 0.76 Hi worth Way 0.02 0.02 Holcombe Hill Ct 0.03 0.03 0.03 Holcombe Hill Ln 0.12 0.13 0.12 Hopewell Close Dr 0.06 0.06 0.06 Hopewell Close Ln 0.18 0.18 0,18 Hopewell Crst 0.26 0.26 0.26 Hopewell Dawns Dr 0.37 0.37 0.37 Hopewell Grove or 0.17 0.17 0.17 Hopewell Oaks Cir 0.03 0.03 0.03 Hopewell Place Or 0.48 0.48 0.48 Hopewell Place Ln 0.03 0.03 0.03 Hopewell Plantation Ar 0.74 0.74 0.74 Hopewell Rd 7.95 7.95 7.95 7.95 Horsham TO 0.49 0.49 Hulen Way 0.05 0.05 0.05 Huntbury Ln 0.07 0.07 Inverness Trl 0.15 0.15 0.15 Itaska Walk 0.35 0.35 0.35 Jasmine Way 4.08 0.08 0.08 Joanna Tae Ct 0.02 0.02 0.07 Jordan Ridge Ct 0.03 0.03 0.03 Kennewick Rd 0.17 0.17 0.17 Street Name len th Mlles On -Sight Raw Data Collection (Miles) PC] Calculation Miles Sign Inventory on Collectors (miles) Kensington Farms Dr 0.97 0.97 0.97 Keyingham Way 0.24 0.24 0.24 Kil arron Ct 0.11 0.11 0.11 Kiltirnan Ct 0.08 0.08 0.08 Kimberly Ann Ct 0.04 0.04 0.04 King Rd 0.30 0.30 0.30 0.30 Kings County Ct 0.27 0.27 0.27 Laconfa Ln 0.93 0.93 Lake Grove Ln 0.28 0.28 0.28 Laurel Grove Dr 0.40 0.40 0.40 Laurel Oaks Ct 0.06 0.06 0.06 Laurel Oaks Ln 0.23 0.23 0.23 Lecoma Trce 0.79 0.79 0.79 Legends Walk Cis 0.05 0.05 0.05 Lembeth Ct Lexington Plantation Ln 0.12 0.17 0.12 0.17 0.12 0.17 Liberty Grove Rd 0.40 0.40 D.40 0.40 Little Stone Way 0.42 0.42 0.42 Lochmere Ct 0.07 0.07 0.07 Long Hollow Ln 0.24 0.24 0.24 Longstreet Rd 1.04 1.04 1.04 1.04 Majestic Cv 0.36 0.36 0.36 Manor Clse 0.06 0.06 0.06 Manor Trce 0.27 0.27 0.27 Ma r1be rry Ct 0.03 0.03 0.03 Marshalls Elf 0.03 0.03 0.03 Marshalls CV 0.31 0.31 0.31 Marstrow Dr 0.05 0.05 0.05 Mayfield Rd 0.68 0.68 0.68 0.68 McCaul Ln 0.08 0.08 0.08 McFarlin Ln 0.60 0.60 McGinnis Fe" Rd 0.55 0.55 0.55 0.55 McGinnis Way 0.12 0.12 0.12 McKenzie Trl 0.14 0.14 0.14 Mid Broadwell Rd 0.37 0.37 0.37 0.37 Milton Pt 0.60 0.60 0.60 Mockoran a Ln 0.10 0.10 0.10 Morning Mountain Way 0.67 0.67 0.67 Morningpark Cir 0.68 0.68 0.68 Morris Rd 1.55 1.55 1.55 1.55 Mountain Rd 1.71 1.71 1.71 1.71 Mustan Ct 0.04 0.04 0.04 N. Bethany Creek Dr 0.21 0.21 0.21 N. Burgess TrI D.23 0.23 0.23 Street Name Length Wiles) on -Sight Raw Data Collection (Miles) PCi Calculation (Miles) Sign Inventory on Collectors [Miles) N. Fields Pass 0.38 0.38 0.38 N. Stone Clse 0.06 0.06 0.06 N. valley Creek Ct 0.13 0.13 0.13 N. Valley Creels Ln N. Valleyfield Rd 4.34 0.31 0.34 0.31 0.34 Nakomis P1 0.13 0.13 0.13 Neese Rd 0.48 0.48 0.48 Nettiebrook Ln 0.45 0.45 0.45 Nettlebrook Way 0.12 0.12 0.12 New Bullpen Rd 0.79 0.79 0.79 0.79 New Providence Rd 3.64 3.64 3.64 3.64 No PI 0.05 0.05 0.05 North Ct 0.05 0.05 0.05 Northern Oaks Ct 0.21 0.21 0.21 Northumberland Or 0.18 0.18 0.18 Northwood Cv 0.12 0.12 0.12 Northwood Or 0.82 0.82 0.82 Oak Branch Ct 0.03 0.03 0.03 Oak farm Ln 0.14 0.14 0.14 Oak Heights Ct 0.02 0.02 0.02 Oak Hili Ct 0.06 0.06 0.06 Oak Hollow Ct 0.02 0.02 0.02 Oak Manor Way 0.12 0.12 0.12 Oakhurst Leaf Or 0.69 0.69 0.69 Oakleaf Way 0.14 0.14 0.14 Oakmeade Trce 0.18 0.18 0.18 Oakstone Gln 0.30 0.30 0.30 Old Barn Ct 0.01 0.01 0.01 Old Bay Ln 0.03 O.03 0.03 Old Cedar Ln 0.50 0.50 0.50 ff 1 Old North ark Ln 0.31 0.31 0.31 Old Place Or 0.07 0.07 0.07 Old Providence Ct 0.03 0.03 0.03 old Saddle Ln 0.18 0.18 0.18 Ona h Ct 0.15 0.15 0.15 Orchard Bend Tri 0.11 0.11 0.11 Owens Bride Rd 0.32 0.32 0.32 Owens Farm Rd 0.46 0.46 0.46 Owens lake Rd O.63 0.63 0.63 Oxford Lakes Ct 0.07 0.07 0.07 Oxford Lakes Run 0.13 0.13 0.13 Oxford Ln 0.11 0.11 0.11 Oxford Meadow Ct 0.09 0.09 0.09 Oxford Meadow Run 0.33 033 0.33 Parkhrook Trce 0.11 0.11 0.11 On -Sight Raw Data PCI Calcutatinn Sign inventory an Collectors strraetName Length (Miles) Collection {Miles} miles (Miles) Pennyroyal Ln 0.13 0.13 0.13 Petersford Way 0.29 0.29 0.29 Phillips Rd 0.60 0.60 0.60 0.60 Pine Bou h Ct 0.17 0.17 0.17 Pine Branch Ct 0.03 0.03 0.03 Pinehurst Walk 0.03 0.03 0.03 Plantation Cv 0.17 0.17 0.17 Plantation Trce 0.31 0.31 0.31 Pleasant Hallow Tri 0.25 0.25 0.25 Pony Tail Rd 0.30 0.30 0.30 Post Oak Clse 0.21 0.21 0.21 Powers Court Ave 0.69 0.69 0.69 Providence Farms Ln 0.32 0.32 0.32 Pravldence Lake Dr 1.07 1.07 1.07 Providence Lake Pt 0.05 0.05 0.05 Providence Oaks Or 0.53 0.53 0.53 Providence Oaks St 0.43 0.43 0.43 Providence Park Dr 0.36 0.36 0.36 Providence Plantation Dr 0.36 0.36 0.36 Providence Rd 2.98 2.98 2.98 2.98 Qua rdngton Ct 0.02 0.02 0.02 Quarterpath Ln 0.23 0.23 0.23 Quayside Ct 0.10 0.10 0.10 Quayside Or 1.25 1.25 1.25 0.62 Ranchette Rd 0.62 0.62 0.62 Redd Rd 1.13 1.13 1.13 1.13 Reddstone Clse 0.25 0.25 0.25 Richmond Glen Cir 0.65 0.65 0.65 Richmond Glen Dr 0.50 0.50 0.50 Riley View Ct 0.04 0.04 0.04 Rissington Psge 0.04 0.04 0.04 Roseville PI 0.06 0.06 0.06 S. Bethany Creek Or 0.32 0.32 0.32 S. Burgess TH 0.16 0.16 0.16 S. Vineyard Way 0.21 0.21 0.21 Sable Creek Or 0.11 0.11 0.11 Sable Ct 0.39 0.39 0.39 Sable Pointe ltd 0.58 0.58 0.58 Sable Walk 0.03 0.03 0.03 Sablegreen Way 0.12 0.12 0.12 Sablewood Dr 0.35 0.35 0.35 Saddles rin s Dr 1.11 1.11 1.11 Saddles rin s Ln 0.04 0.04 0.04 Saddlevalley Ln 0.12 0.12 0.12 Sandpoint Trce 0.21 0.21 0.21 Street Name Length Miles On-Sight flaw Data Collection Miles PG Calculation. Mlles Sign inventory on Collectors (Miles) Sandy Creek Farm Rd 0.28 0.29 0.28 Saybeck Way 0.07 0.07 0.07 Starlet Oak Tr} 0.35 0.35 0.35 Scotlandwell Pt 0.45 0.45 0.45 Seabiscuit 0.50 0.50 0.50 Se wick Dr 0.34 0.30 0.30 Serenade Ct 0.53 0.53 0.53 Shadecrest Ct 0.04 0.04 0.04 Shandwick PI 0.09 0.09 0.09 Silhouette Ct 0.07 0.07 0.07 Six Hills Ln 0.10 0.10 0.10 Slide Ct 0.03 0,03 0.03 Sonata Ln 0.28 0.28 0.28 Soneley Ct 0.14 0.14 0.14 Southfield Ln 0.38 0.38 0.38 Southfield PI 0.05 0.05 0.05 5prin brook Ct 0.11 0.11 0.11 Springfield Creek Rd D.12 0.12 0.12 Springfield Creek Way 0.04 0.04 0.04 Sprin well Ln 0.11 0.11 0.11 Stiilhouse Ln 0.18 0.18 0.18 Stone Hill Pt 0.10 0.10 0.10 Stone Orchard Ct 0.14 0.14 0.14 Stonebrook Farms Dr 0.33 0.33 0.33 5tratforde Dr 0.23 0.23 0.23 Sulky Way 0.15 0.15 0.15 Sunflower Ct 4.05 0.05 0.05 Sunflower Way 0.14 0.14 0.14 SunnybrookLn 0.09 0.09 0.09 5unvaiiey Dr 0.08 0.08 0.08 Sweet Briar Ct 0.05 0.06 0.06 Sweetbrier Dr 0.25 4.25 0.25 Sweetgum Cir 4.05 0.06 0.05 Tabbystone Pass 0.08 0.08 0.08 Taylor Glen Dr 0.55 0.55 0.55 Taylor ltd 1.49 1.49 1.49 1.49 Taylor Ridge Way 0.15 0.15 0.15 Taylor Valley Ct 0.03 0.03 M03 Taylor Va I ley Way 0.35 0.35 0.35 Tensas Trce D.33 0.33 0.33 'terrace Glen Cir 0.12 0.12 0.12 The Hermitage Dr 0.41 0.41 0.41 Thomas Creek Ct 0.10 0.10 0.10 Thompson Rd 4.12 4.12 4.12 4.12 Thompson Springs Dr 0.31 0.31 0.31 On -Sight Raw Data PCI Calculation 5ign Inventory on Collectors Street Name Len Miles Collection Miles Mlles (Miles) Thompson Way 0.04 0.04 0.04 Thomtree Run 0.32 0.32 0.32 Timbergap Crs 0.13 0.13 0.13 Tolhouse Ct 0.17 0.17 Tor Ct 0.06 0.06 0.06 Tramore PI 0.22 0.22 0.22 Treyburn Manor Or 0.22 0.22 0.22 Tre burnManorVw 0.62 0.62 0.62 Treyburn Run 0.38 0.38 0.38 Treybum Vw 0.17 0.17 0.17 Triple Crown Cir OM 0.08 0.08 Triple Crown Ct 0.31 0.31 0.31 Triple Crown Dr 0.89 0.89 0.89 Trotter Run 0.24 0.24 0.24 Tullamore Way 0.40 0.40 0.40 Tull can Dr 0.60 0.60 0.60 Uplands Ct 4.10 0.10 0.10 Valmont Dr 0.06 0.06 0.06 Valmont Ln 0.49 0.49 0.49 vir inla Gln 0.12 0.12 0.12 Wade Glen Ct 0.04 0.04 0.04 Watboro HILI Dr 0.37 0.37 0.37 Water Oak PI 0.21 0.21 0.21 Waterhaven Ln 0.24 0.24 0.24 Waterside Dr 0.94 0.94 0.94 Weatherwood Cir 0.28 0.28 0.28 Webb Rd 1.20 1.20 1.20 1.20 Wellspri9�-Q 0.02 0.02 0.02 _ Weyctoft Cir 0.51 0.51 0.51 White Columns Ct 0.15 0.15 0.15 White Columns Dr 1.43 1.43 1.43 Wickstone PI 0.18 0.18 0.18 Wigton Or 0.41. 0.41 0.41 Wigton PI 0.13 0.13 0.13 Wilkie Rd 0.11 0.11 0.11 0.11 Willowbank Ln 0.13 0.13 0.13 Windsor Cv 0.13 0.13 0.13 Wolf willow Clse 0.40 0.40 0.40 Wolf Willow Ct 0.03 0.03 0.03 Wood Branch Dr 0.46 0.46 0.46 Wood Pine Ct 0.05 0.05 0.05 Woodlake D► 0.13 0.13 0.13 Woodliff Ct 0.12 0.12 0.12 Woodliff PI 0.07 0.07 0.07 Wyndham Farms M 0.51 0.51 0.51 Street Name len Mlles On -Sight Raw Data Collection Miles PCI Calculation Miles Sign Inventory on Collectors (Miles) Wyndham Farms Way 0.18 0.18 0.18 W nstead Ct 0.05 0.05 0.05 Wytheford Ct 0.03 0.03 0.03 York Cv 0.19 0.19 0.19 Grand Total 164.02 164.02 159.36 64.20 CITY OF MILTON IQrcity of Milton REQUEST FOR PROPOSAL A5 I THIS IS NOT AN ORDER RFP Number: RFP Title: 12-PW1 FY2012 City Wide Pavement Condition Survey RFP Due Date and Time: November 18, 2011 @ 2:00pm local time ISSUING DEPARTMENT INFORMATION Procurement Office Contact: Issue Date: Rick Pearce November 1. Attn: Rick Pearce, Purchasing Office 2011 City of Milton Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107G Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/Package: City of Milton Bid Number: 12-PW1 Attn: Rick Pearce, Purchasing Office Name of Company or Firm 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004 Special Instructions: Deadline far Written Questions November 11, 2011 @ 5:00PM Email(preferred) questions to Rick Pearce at rick.veareeCnicit ofmilton a.us or Fax questions Attn: Rick Pearce at 678-242-2499 OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: Please print name and sign in ink Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS OVER SHEET WITH RFP RESPONSE TABLE OF CONTENTS Offeror's RFP Checklist.............................................................................................. DisclosureForm .................................................................................................................. ProposalLetter........................................................ ....—........................................................ Scheduleof Events................................................................................................................ Section t: Project Overview and Instructions................................................................................... Section 2: RFP Standard Information........................................................................................................ Section3: Scope of Project................................................................................................................ Section 4: Offeror Qualifications........................................................................................................ Section5: Cost Proposal.................................................................................................................... Section 6: Evaluation Criteria............................................................................................................. Section 7: Standard Contract Information......................................................................................... AppendixA: Standard Contract .......................... ............ .............................................................. ..-- ?3 ` ����City of h4iEtvn CFFEROR'S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1. Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3. Attend the pre -proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFI'. 4. 'Take advantage of the "question and answer" period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal "addenda" issued for the RFP. All addenda issued for an RFP are posted on the City's website at httl?://www.cit-vofttiiltong-a.us and litti?://ssi.duas,state,g,a.us./PRSaVIR/PR-indcx.isa and will include all questions asked and answered concerning the RFP. 5. Follow the format required in the RFP when preparing your response. Provide point -by -point responses to all sections in a clear and concise manner. 5. Provide complete a nswers/descriptions. Read and answer all questions and requirements. Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The proposals are evaluated based solely on the information and materials provided in your response. 7. _ Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. S. Check the City website for RFP addenda. Before submitting your response, check the City website at littp://www.ciiyofmilloiiga.u.s and [ittp://ssl.dgas.state.La.us/PRSapp/PK inde to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. Review and read the RFP document again to make sure that you have :addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. Submit your response on time. Note all the dates and times listed in the Schedule of Events and within tate document, and be sure to submit all required items on time. late proposal responses are never accepted. his checklist is provided for assistance only and should not be submitted with Offeror's Response. 24 ��n City of Milton � rcity of Milton CITY OF MILTON DISCLOSURE FORM MUST HE RETURNED WITH BID This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this farm and return as part of your RFP package when it is submitted. Name of Offeror Nance and the official position of the Milton Official to whom the campaign con trihuIi(m x as made i Please use a separate form t()r 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. Aniouut/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Millon and your relation: 25 !n �� �1� C ty of Mlloll /11111 rcity of Milton IQLI� City of Milton RFP## I2 -PW I PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to finish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) FY2012 Citywide Pavement Condition Survey. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is inade in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications, The City rescrves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that l am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et, seq. have not been violated and will not be violated in any respect. Authorized Signature _Date Print/Type Name _ Print/Type Company Name Here 26 �{ n 1 C `�ity of Milton SCHEDULE OF EVENTS EVENT DATE RFP Issue date November 1. 2011 Deadline for Receipt or Written Questions 5 PM on Nm eniber 1 i 201.1 Posting of Written Answers by City to Websites.....on or about ....................................................... Nu embrr 14,201 1 RFP DUE No later than 2 PM on Novem her 19. 2011 [�I:OTE: PLEASECHECti TME {VF_BSITE- www.elt -e milli++ a.uc and hitp;llssl.daas.state.�a.uslPRSapplPR index jspj FOR ,-IDDEND t AND SCff DULE UPDATES_ 17 j� �� 1 City of Miltun SECTION f: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is accepting sealed Proposals From qualified firms to provide professional services for an on the ground MicroPAVERO} ASTM D6433-09 compliant daylight inspection, surveying, PCI evaluation and professional rehabilitation and preservation recommendations of The City of Milton roads for their infrastructure and subsequent Pavement Management System. All Offerors must comply with all generaI and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposal (RFP) is issued until in offeror(s) is selected, offeror(s) 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 offeror From further consideration. Contact information for the single point of contact is as follows: Procurement Office: Rick Pearce Address: 1300 Deerfield Parkway, Milton, GA 30004 Telephone Number: 678-242-251 l Fax Number: 678-242-2499 E-mail Address: rick.pearce@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors shoutd carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. R. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email (preferred), or faxed to the procurement office referenced above on or before 5 PM on November It. 2011. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City's Answers. The City will provide an official written answer to all questions oil or about November ld 201I. The City's response will be by formal written addendum. Any other form of interpretation, convection, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside time posting of time RFP at http:Ilwww.cityofmiltonga.usl and htt�llssl.doas.state.zo.tistPRSapnIPR_index,issp. Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, offeror agrees to acceptance of the City's standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terns. or any added provisions must be submitted to the procurement office referenced above by the date for receipt of writtenle-mailed questions or with the offeror's RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the offeror's ability to respond to the RFP or perform the contract. 'Cite City reserves the right to address non -material, minor, insubstantial requests for exceptions with the highest scoring offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal ►written addendum issued for this RFP and will apply to all offerors submitting a response to this RFP. 28 n City of Muton E. Mandatory Requirements. To be eligible for consideration, an offeror must rneet the intent of all mandatory requirements. The City will determine whether an offeror's RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 Reserved 1.4 SUBMITTING A PROPOSAL A_ Submittal Reguirenients. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entercd and signed: tirst page of this doruruent) ?. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information enteral) 4. Technical Proposal: Each Technical Proposal Shall be: a. Maximum of twenty 2D single sided pages (ten pages if double -sided) b. Minimum of 1 l point font c. Stapled or spiral -bound. No binders Each Technical Proposal Shall Contain: a. Cover letter — introductory remarks and proposal summary -- no longer than two pages. b. Work Plan — Describe the firm's plans to provide the requested services -- a narrative description of the proposed methodology to be used to accomplish the required tasks. Provide a schedule to complete all of the required tasks. c. Related projects -- Description of past and current projects or contracts similar to this project, including the degree of involvement of your firm and/or personnel assigned to the project_ d. Background and experience — Include a brief' history of your firm, a list of any proposed subcontractors, accompanied by their staff resumes, experience, and a description of the work they are Proposing to provide on this project. Also, provide experience specific to the use and training on the MicroPAVEK software. e. References — include names, titles, mid all contact information for clients for whom your firm has performed similar work, including MicruPAVER applications. f. Pricing (See 'Section 5) 5. Applicable Addenda Acknowledgement Forms (if necessary) offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. 13. Failure to Gonn0ly with InsIructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any proposals that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and- Deadline for Rcceiina or Pro anal . One original and two (2) copies of each proposal should be provided to the City. Proposals must be received at flte rereptiattist's desk prior to 2:f1UPA1. local tirrfe, NnvesrherL_ ?011. Facsimile or etttarlerl responses to requests Lar prrrposals are not urreptable Proposals will be opened at approximately 2:10pnt and names of offerers will be announced. D. Lute Proposals. 29 h �� Ccity of Allton Regardless of cause, lute proposals will not be accepted and will aulainatieally be disqualifted from feather consideration. It shall be the offeror's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the offeror at the expense of the offeror or destroyed if requested. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and ReyuIremenis. By submitting a response to this RFP, offeror agrees to an understanding of and compliance with tate specifications and requirements described in this RFP. B. Offer in Effect for 120 Days. A proposal may not be modified, withdrawn or canceled by the offeror for a 120 -day period following the deadline for proposal submission as destined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal. 1.6 COST O1" PREPARING A I'140110SAL A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the offeror. The City is not liable for any expense incurred by the offeror in the preparation and presentation of their proposal. B. All Timely Submitted Materials Because City Pro ere All materials submitted in response to this RF'P become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and offeror resulting from this RFP process. [t n City of Milton ` ; SECTION 2: RFI11 STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria, The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other thati as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition atttong offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, Consistent with the necessity to satisfy the City's need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of proposals has passed, and the award has been made, with the following four exceptions: (1) Mona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the offeror; and (d) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the proposals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Conlidential information is clearly marked and separated from the rest of the proposal. 2. The proposal does not contain confidential material in the cost or price section. 3. An affidavit from an ofteror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each proposal containing trade secrets. Please contact Rick Pearce for additional information, Information separated Out under this process will be available for review only by the procurement office, the evaluation committee members, and limited outer designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records) request from another party. 2,3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Non relponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted prize is found to be excessive or inadequate as treasured by criteria stated in the RFP; or the proposal is not within the specifications described and required in the RFP. If a proposal is found to be nonresponsive, it will not be considered further. B. Determination of Resnonsibility. The procurement office will determine if an offeror has met the standards of responsibility. Such a determination may be trade at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Pronosais. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring offeror or, if necessary, to seek diiscussionlnegotiation or a best and final offer in order to determine the highest scoring offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against 31 n City o! Milton stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses in terms of differing price, quality, and contractual Factors. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the offeror's proposal and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by offerors outside the formal response or subsequent discussion/negotiation or "best and final offer," if requested, will not be considered. will have no bearing on any award, and may result in lite offeror being disqualified from further consideration. E. Opst_n_rtunity for Disc ussiontN Wi9ti2.0 gV&9r ()raI Presentation/Product De mmustraIiun. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RIP response or to further define their offer. In either case, offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the proposal. Oral presentations and product demonstrations, if requested, shall be at the offeror's expense. F. Best and Final Offer. The "Best and final Offer" is an option available to the City under the RFP process which permits the City to request a "best and final offer" from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their "best and final offer," which must include any and all discussed and/or negotiated changes. The City reserves the right to request a "best and final offer" for this RFP, if any, based on price/cost alone. G. Evaluation Committee Recomincitdation fur Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring offeror to obtain the required insurance documents, contract performance security, and any other necessary documents, Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. I. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible offeror whose proposal achieves the highest score and is, therefore, the most advantageous to the City. if contract negotiation is unsuccessful or the highest scoring offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may tenninate negotiations and begin negotiations with the next highest scoring offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring offeror who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of tate RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Cancel or terminate this AFP, 3? L� 9 y City of Milton 2. Reject any or all proposals received in response to this RFP, 3. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal, 4. Not award if it is in the best interest ofthe City not to proceed with contract Cxeeution; or 5. if awarded, terminate anv contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 33 ��'[� City of Milton SECTION 3: SCOPE OF PROJECT 3.0 PROJECT SCOPE The following tasks shall be included in the scope of work: 3.1 Pavement Condition Survey (PCS) a. Collect field data to perforin a PCS of the City of Milton's Collector Roads and Subdivision Street system, approximately 165 centerline miles. b. Create and populate Micro PAVER 6.5. t system database (or more recent version as directed by the City) including physical characteristics, pavement distress types, historical information and street classifications. c. Calculate Pavement Condition index (PCI) at break points established by the City of Milton. All personnel and equipment to update the PCS are to be provided in the Proposal. d. Deliverables by Contractor: • Creation of a Micro PAVER 6.5.1 system database (or more recent version as directed by the City) system database. • A finalized shape file containing all collected pavement data, PCI's, and recommended maintenance activities. • The production Ofsummary tables by both alphabetical and priority fisting for the street system, Begin and end descriptions will refect centerline break points. Also, a digital copy of the finalized database will be provided in Microsoft Excel format or equivalent database forint. • Development of a technical report with tables and figures to sununarire the condition of City street systems and their recommended maintenance needs. This report shall contain all collected pavement data, pavement condition, and recommended maintenance activities. 3.2 Pavement Management System (PMS) a. Develop a "draft" PMS for the City. PMS development shall be conducted using Micro PAVER 6.5.1 sollware (or more recent version as directed by the City) and include: • Purpose statement for PMS to establish goals and objectives, • Assessment of the current and projected pavement condition. (condition analysis and prediction modeling), • Determine various budget scenarios for maintenance and repair, • Identify work requirements necessary to meet goals and objectives, • Prioritize projects to optimize spending and budgeting for future maintenance and repair projects. b. Meet with city staff to review recommended PMS strategies and techniques, including but not limited to: Presentation of various repair, preventative maintenance treatments and rehabilitation options in the immediate (up to five years) and future (up to 20 years) consistent with local construction practices. contractors and other jurisdictions for consideration. c. Consideration of different approaches for different street classifications (Local Streets, Collector Streets): • Long term wort: planning with budget scenarios, • Cost 1 Benefit analysis with accurate repair estimates, • Reflective crack mitigation strategies with multiple scenarios listed. d. Deliverables by Contractor: • "Draft" Pavement Management System Report, "Final" Pavement Management System Report, 34 fn �� City of ht lton Provide timely rcvicw and updates of reports, strategies, solutions, etc. 3.3 Miero PAVER Training a. Facilitate an on-site training session with staff to review the MicroPAVER database, how to apply updates and edits, prediction modeling, condition analysis, GIS capabilities and availability for consultation (support after the sale). b. in depth on-site training on pavement evaIuntion, paveine nt management, asphalt recycling tech 11iques. ail pavement preservation practices. Must have the ability to provide ongoing local assistance with pavement management, 35 �� City of Anton SECTiUN I: UFFEROR QUALIFICATIONS dA CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the offeror to provide the supplies And/or perform the services specified. 4.1 OFFEROR INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 36 1 ) City of Milton SECTION S: COST PROPOSAL -0-PC r�l-ity of Milton MUST BE RETURNED WITH BID One (1 ) original and two (?) copies shall be submitted in a scaled covelope betore the required deadline. The offerors cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5.[l. Printrrype. Company [untie Here: Estimated I65 miles of Roads to be included in the survey List or all roads to he surveyed is available upon request. Total Trice Additional Pricing Request (not }cart ol'evaluadom}: Pavement Condition Survev Authorized Signature Print/Type Name Printrrype Company Name Here Date per mile 37 +y lily of Milton SECTION b: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the offers according to the toIlowing criteria: ■ A selection team for the City will initially evaluate and score all technical proposals received. • Proposals not meeting the minimum technical requirements and those who are non-responsive will not be considered. • Cost Proposals will be reviewed after the technical review process. Proposal Evaluation Criteria • References 20% ■ Background and Mated Project Experience 30% • Work Plan 20% ■ Price (Section 5.0) 30% 38 � , City of M01011 1. SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A. Offerors should notify the City of any terms within the standard contract that either preclude them From responding to the RFP or add unnecessary cost. This notification must be made by the deadline for receipt of written/e-mailed questions or with the offeror's RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. 'rhe City reserves the right to address any non -material, minor, insubstantial exceptions to the standard contract with the highest scoring offeror at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the offeror's RFP response, including any amendments, a hest and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City's standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated, In the event ora dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order ofprecedence as listed in the contract. 7.2 SUBCONTRACTORS The highest scoring offeror will be the prime contractor if contract is awarded and shall be responsible, in total, for all work of any subcontractors. All subcontractors, if any, must be listed in the proposal. The City reserves the right to approve all subcontractors. The Contractor shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See Section 4.0 of the contract in Appendix A. 7.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT The Contractor is required to supply the City of Milton with proof of compliance with the Workers' Compensation Act while perfonning work for the City. Neither the Contractor nor its employees arc: employees of the City. The proof of insurance/exemption roust be received by the City oI'M ihon within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WI -10 FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7,5 COMPLIANCE WITH LAWS The Contractor must, in performance of work under this contract, fully comply with all applicable federal. state, or local Yaws. rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Contractor subjects subcontractors to the same provision. The Contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons perforating the contract. 7.6 CONTRACT TE RNIINATION See Section 5.0 of the contract in Appendix A. 39 A; City 01 411011 APPENDLK A: STANDARD CONTRACT INCL UDED FOR REFERENCE ONL Y Cite reserves the right to stake changes to this contract rCity of Milton IQL%� CONTRACT AGREEMENT RFP #12-PHIII This Agreement made and entered into this_day of in the year 2011; by and between The Circ? c f Alilton Georgia, having its principle place of business at 13000 D 'r r ld ParkwqE Suite 107y, Nfillon GA 30004 and the having its principle place of business at WHEREAS, the City of Afilion has caused Request for Proposals (12 -.UV) to be issued soliciting proposals frune qualified contractors. to furnish till items, labor services, materials and appurtenances called for by them in accordance with this proposal. Selected Contractor is required to provide lire services cis called for in the Scope of Services; and IYHERE.d 5 the Cuntractor submitted a proposal in response to the RFP; and WHEREAS, die Contractor's proposal was deemed by the City of Milton to be the proposal most advantageous to rite City; NOW THEREFORE, in consideration oj' the mutual covenant and promises contained herein, the parties agree to compensation uj ar ser -vices to be provided as follows: 1.0 Scope of IVork Tire Contractor agrees to provide all Services and comply with all requirements specifted in the RFP. attached hereto and incorporated herein by rejerence as Exhibit "A. " and provide those Services as may addilionaliv be specified in the Contractor's proposal in accordance with the terms and conditions of this agreement, Said specifications are herehv made a part gjthis agreement by reference. 2.0 Independent Contractor 2.1. The Contractor shall he an Independent Contractor. The Contractor is not an empluvee. agent, or represenlative of fire City of Milton. The successful Coonrac:tur shall obtain and tnaintain, at the Contractor's expense, all permits, license or approvals that may be necessary for the performance of the services. The Contractor shall fi rnish copies of all such permits, licenses or approvals to the City of Uilton Representative within ten (10) drays after issuance of Notice to Proceed. 2.2 Inasmuch as the Cit), of Afilron and the Contractor are contractors independent of one another neither has the authority to hind the other to any rhirdperson or othenvise to act in any vv*, us the representative of the other, unless otherwise erpressly agreed to in writing signed by both parities hereto. The Contractor agrees not to represent itself as the Cin='s• agent for at y purpose to any party or toallure° any employee of the C ontracior to do su, unless specif icalty aurhori:ed,, in advance crud in writing. to do so, and then ontt' for the limited purpose stated in such aurhori=anon. The Contractor shrill assume jdl liability for anv contracts or agreements the Contractor enters into on behalf of the City of AAltan without the express knowledge and prior written consent of the City. 3.0 Indenrn ficatiun The Contractor agrees to indeninify. hold harmless and defend the City from and against a►ry and all liabilities, sults, actions, legal proceedings, claims, demands, damages. costs and expenses (including attornty's fees) rising out of any act or omission of the Contractor, its agents, subcontractors or emplayees in the performance of this Contract. 4.0 Insurance 40 r\ City of Mllton (1) Requirements: The Contractor shall hime and maintain it; full force and effect for the duration of this Agreement, insurance insuring against claiins for it juries to persons or damages to property which stay 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 lite City Manager. (1) Minit►ium Limits of lnsrrrance: Contractor shall maintain Jim:+s no fess than: (a) Comprehensive General Liability of 31,000,000 combined single limit per occurrence for bodily and personal i►jiny, sickness, disease or death, htywy to or destruction of propegr, including loss of use resulting therefrom. (b) Comprehensive Automobile Liability (owned, non -owned.. hired) of S1.000.000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of prnperh: including loss of use resulting there front. (c) Professional Liability of $1.000,000 limit for claims arising otic of professional services caused by the Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation limits cis required by the State of Georgia and emplow-ers Liabilitv limits of S 1.000, 000 per accident. (3)ec&&-,v and Self-l►tstrred Retentions: ring deductibles or self insured retentions must be declared to and approved by the City (.l) Other lnsuran a Provisio s: The policy is to contain, or be endorsed to contain, the f dlowingprovisions: (a) Ceneral LiabilitV and Auiain J a Liahili - Covera •e. (i) The C'Jtti, its officials, employees, agents and volunteers etre to be covered as insured as respects: liability arising out of activitles perfortned by or an behalf of the Contractor; products and completed operations of the Contractor, premises owned, leased, or used by the Contractor; automobiles owned, leaser,, hired, or borrowed by the t:untructor. The coverage shall Contain nu special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. The Contractor's insurance coverage sludl be primary noncontributing insurance cis respects to any outer insurance or self-insurance available to the City, its ofcials, employees, agents or volunteers. Aim insurance or self-insurance maintained bj- rise Cin% its clfcials, emplo5yes or volunteers shall he excess of the Contractor's insurance and shall not contribute with it. (iii) Arty 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 lite limits of the insurer's liability: (v) Coverage shall be provided our a -patio on beha f' basis, with defense costs pco able in addition to policy !lours. There shrill be no cross liability exchaion. (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 Cir): 41 ��n ��City of Milton (vii) All endorsements to policies shall be execuled by an authorized representative of the insurer. (b) Workers' CQnrpetnstttion Coverag , The insurer will agree to waive all rights of subrogation against the Ory. its officials. employees, agents and volunteers jar losses arising fro►n work pet formed by the Contractor for the City. (c) All C overs. (i) Each insurance policy required b'v this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled reduced in coverage or in limits except after thin), (30) days prior written notice by certified snail, return receipt requested, has been given to the City. (ii) Policies shall have cancurrent starting and ending dates. (5) Accem bility of In •u3_rers; Insurance is to be placed with insurers with an .4. rel. Bests'rating of no less than A: VII. (6) Verification rt Coverage: Contractor shall frurnish the City wish 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 utilised by Contractors 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 io require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof' chat any expiring coverage has been renewed or replaced at least nva (1) weeks prior to the c-rpiratlon of the coverage. (7) Suheontraclorx: Contractor shall include all subcontractors as insured under its policies or .shall furnish separate cerificates and endorsements for each subcontractor, .411 coverage for subcontractors shall he subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made 1' licies: Contractor shall extend any claims -made insurance poliq for at least six (6) years after termination or final pavrnent under the Agreement, whichever is later. (y) Cit • ay Additional Insured and Loss t ee: The City shall be named as an additional insured and loss payee on till policies required by this Agree meat. 5.0 Termination; Terns 5.1 Any other provisions of this agreement notwithstanding, each puri)- has the right to terminate this Agreement if the other party breaches or is in defauh of any obligation hereunder which default or breach is incapable of cure or which, being capable of cure, has not been cared within thirty (30) days after receipt of written notice of such default (or such additional cure period as the non -defaulting par)• ural• authorize). In addition, the City rnav rerminate this Agreement jar convenience upon thin), (30) dms written notice to the Contractor. 5.1 The City of Milton Wray terminate the agreement i►nnrediately without prejudice to ant- other right of action or remedy ifthe Contractor: 5.1.1 Becomes insolvent, makes a general assignme►u for Ilse benefit of creditors, files a voluntury petition of hankruptcv, suffers or permits the appointment of a receiver for its business or assets, or becomes subject to tiny proceeding under any bankruptcy or 42 h`' �'; City of Millon insolvency law, whether domestic or foreign, or has wound up or liquidated voluntarily or otherwise. In the event that airy of the above events occur, the Contractor shall immediately not(, the Cit) of Alilton of each occurrence. 522 mer five (5) days written notice fails to. al Maintain the required insurance, or. bJ In any other manner to perform the requiretnents of the RFP. 5.3 The term of this Agreement shall commence upon the issuance of'the Notice to Proceed from the City and shall terminate absolutely and withotrt farther obligation on they part of the City an December 31, 2011, provided that this Agreement, absent written notice of non-renexral provided by the City to Contractor ca least thirty (30) days prior to Deeember 31. 2011, shall automatically renew on Jarurary 1, 2411 until December 31, 2012 or until the completion of the terms of this agreement. Title to any supplies, materials, equipment, or other personal property shall remain with the Contractor until jelly paid by the City. 6.0 Compliance with All Laws and Licenses The Crintractor ►mist obtain all necessary licenses and comply with local, state and federal requirements. The Contractor shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. TO Assignment The Contractor shrill not assign or subcontract the whole or arty part of this Agreement without the Ciro of Nfilton's prior written consent. 8.0 Antendtrtents in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties, 9.0 Drug -Free and Smoke -Free Work Place 9.1 A drug-free and smoke free work phtce will be pro vided for dee Contractors employees during the performance of this Agreement, and 9.2 The Contractor will secure from any subcuntractor hired to work in u drug-free and smoke-free work place a written cert fcadon so slating and in accordance with Paragraph 7, subsection R of dee 09scial Code of Georgia Annotated Sectiun 50-24-3. 9.3 The Contractor may be suspended, terminated or debarred if it is determined that: 9.3.1 The Contractor has made false certification hereln; or 9.3,1 The Contractor had violeued such certification by.fi ilure io carry out the requirements of Official Code of Georgia Annotated Section 50-24-1 M0 Governing Law This Agreement shall be governed in all respects by the itnm:s oj'the State ref Georgia 11.0 Policy on Hiring of Non -Resident Allens It is the policy of City that unauthorized aliens shall not be employed to pe►form work on City contracts involving the pit},sical perforrrrance of seri,ices. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, toeless the Contractor shall provide evidence on Cii) provided fortes, attached hereto as Exhibits -E " and "F" that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification of The social security numbers of all employees who will perform work on the Cil), contract to ensure that no unauthorized aliens ivill he employed. The City Manager or hislher designee shall be authori_ed to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process to determine rhat the verification was correct and complete, The Contractor and Contractor's subcontractors shall retain all doctonents 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 pinysicol performance of services where more than three (3) persons are employed on the City contract. 43 n ;rCi[y of Millon S The City, Manager or his/her designee shall fitrther he authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors e►uploy unauthorized aliens on Ciry contracts. By entering into a contract with the Cirv. the Contractor and Contractor's subcontractors agree to cooperate with carry 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 hm,e employed an unauthorized alien. the Qv Manager or hisilter designee may order the Contractor to terminate or require its subcontractor to terminate that person's employment immediately and to report sante to the Department of Homeland Security. The Contractor's failure to terminate the employee, or othenvise cooperate with the investigation may be sanctioned by termination of rhe contract. and the Contractor shall be liable for all damages and delays occasioned bi= the City thereby. Compliance with the requirements of O.C. C.A. § 13-10-91 and Rule 300-10-1-.02 is mandarory Contractor agrees that the entpIgj ee-number category designated below is applicable to the contractor. 500 ar more employees. IOU or more employees. Fewer than 100 emplgvees. Contractor agrees that, in the event the Contractor e►npinvs or contracts with any subcantractor(s) in connection with this Agreement, the Contractor will secure from the subcontracior(s) such suhconrractor(s) indication of the above employee -number category that is applicable to the subcontractor. Contractar;s compliance with the requirentenrs of O.CC.A. § 13-10-91 and Rule 300-10-1-.02 shalt be attested by the execution of the contractor's affidavit artached as Exhibit "E. " The above requirements shall be in addition to the requirements of State and federal 1mv, and shall be construed to be in cot formin, with those laws. 12.0 Incluslun of Documents The Referenced RFP, any addenda thereto, and the C'ontractor's Proposal submitted in response thereto, including any best raid frail offer, are incorporated in this Agreement: Jbnn an integral purr of ihis agreement: and, are atrached hereto us f Blows: .47TACHMEN7:S RFP Number: 12-PWI Addendum Numbers: Contractor's Proposal identified cis. Jn the event of a copVllct in language between this Agreement and rhe foregoing documents incorporated herein. the provisions and requirements set forth in this Agreement shall govern, In the event of a emylict between cite language of rile RFP, as untended, and the Contractor's proposal, the language in the former shall govern. 13.0 Entire Agreement it:is Agreement constitutes the entire Agreement between the parries with respect to the sul ject tuatter contained herein; all prior agreements, representations, statements, negotiations. and undertakings rrre suspended hereby, Neither parry has relied on cin. representation, promise; nor inducernent not contained herein, IN iVITNESS WHEREOF, tine parties hereto have caused this Agreement to be duly executed by their duly awhori-ed officers as of rhe (* and year ser forth tinct to each signature. CONTRACTOR: 8V: 44 ��� City �E M�Ilon Its: SIGNED. SEALED, AND DELIVERED In doe presence of.* Witness Nvtan, Public [NOTARYSEAL] My Con►niftslan Expires: By: Its: SIGNED, SEALED, AND DELI I"ERED in the presence of. - Witness Notary Public [NOFARYSEAL] :tiny Comnduiun Expires: [CORPORATE SE, IL] CITY OF MILTON [CITY SEAL] 45 n City or Milton raty of Milton ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 12-PW1 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.pearceAcityofmiltonga.us hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: EMAIL ADDRESS: Signature FAX: Date In `�cCity of Milton ADDENDUM 01 The read mileage associated with this RFP is hereby amended with the following changes: 1. Amend Section 3.1 (a) deleting "... approximately 165 miles..." and inserting "... approsiniately 161 iniles...", and; 2. Amend Section 5.0 deleting "Estimated 165 miles..." and inserting "Estimated 161 miles..." Written qucstions and City of maton an%wers: 1. The 165 miles is stated as centerline miles. Do you have your 165 utile pavement inventory broken dawn by # of lanes per centerline mile? (a two lane roadway will take less time to evaluate than a four lane roadway) Ail roads are 2 -lane with the exception of Deerfield Parkway, Morris Road and Owburn Road between Webb Road and Glastun Wuy, which are 4-hine. 2. Also, I see no requirement that the proposing Pavement Engineering Consultant have an in state ANIRL accredited Laboratory. laboratory testing is not required. 3. When it is necessary to perform roadway sampling and testing services (as is usual and customary for any type pavement evaluation/survey), will you require the Pavement Engineering Consultant to have an AM -111, accredited laboratory? 1.abaratory testing is not required. a. Will the Pavement Engineering Consulting Firm be required to be prequalified by the GDDT in any particular Area Class? No. 5. We are wondering if the City has any pre -qualified firms for these services and who performed the lust survey, if there was one? The city docs not have any pre gnali#led firms. The previous study ►►•as coin pleled by IMS lie frustruettire .N.1anagen]ent 5erViM. 6. RFP #12 -PW 1, Section 5 states "List of all roads to lye surveyed is available upon request." I would like to request that list. Thanks. 47 ffn``'' �Cityat Milton City of Milton, Georgia 2011 Street Listing November 14, 2011 5treet Name Total Length Centerline (ft) Total Length Centerline (miles) Comment Affirmed Ct 482 0.09 Affirmed Ln 883 0.17 _ Aintree Ct 138 0.03 Alpha Woods Or 1,555 0.29 Alstonefield 0r 1,303 0.25 Alycla Way 468 0.09 Antler Rdg 439 0.08 Apple Cross Dr 617 0.12 Arabian Ave 2,808 0.53 Arbor North Or 470 0.09 Arbor North Way 909 0.17 Arcaro Or 1,829 0.35 0.04 Arcaro Trce 227 Archgate Ct 3,720 0.70 Aria Ct 159 0.03 Arklow Or 685 0.13 Ashepoint Cir 302 0.06 Ashepoint Way 846 0.16 Athlone Ct 397 0.08 Attawan PI 337 0.06 Aurelia tree 534 0.10 Autumn Clw 4,191 0.79 Aven Ct 339 0.06 Avening Ct 254 0.05 Avensong Crsg 766 0.15 Avensong Ives Way 1,346 0.25 Avensong Village Cir 4,121 0.78 Aventide Ln 1,907 0.36 Aylesford Ct 1,007 0.19 Barberry Or 2,570 0.49 Batesville Rd 6,922 1.31 Bay Coit Rd 3,246 0.61 Bayfleld Ct 848 0.16 Bell Park Rd 927 0.18 Belleterre Or 3,408 0.65 Beringer Ct 258 0.05 Berkshire Ln 27S 0.05 Bethany Bend 15,491 2.93 Bethany Church Rd 2,723 0.52 Bethany Creek Ct 2,355 0.45 Bethany Green Cove 582 0.11 Bethany Green Ct 2,104 0.40 .48 ��� City of Kiion Street Name Total Length Centerline (ft) Total Length Centerline {miles) Comment Bethany Oaks Pte 2,963 0.S6 Bethany Rd 1.0,559 2.00 Bethany Way 3,691 0.70 Birmingham Rd 14,516 2.75 Blackmaral Ln 682 0.13 Blackrock Trce 1,078 0.20 Blue Heron Way 1,515 0.29 Bodfum Ct 591 0.11 Branyan Trl 2,411 0.46 Bray Road Ct 150 0.03 Bream Or 2,690 0.51 Brickwood Ln 1,665 0.32 Bridgett Ct 560 0.11 Broadwell Rd 1,856 0.35 Brookeiney Ln 874 0.17 wy 2,438 0.46 w 171 681 If Champions Clse 658 0.12 Buckland Run 837 0.16 6unkerCt 390 0.07 Burlwood Or 984 0.19 Burren Or 404 0.08 Cadence Ct 198 0.04 Cagle Rd 212 0.04 Calton Hill Ct 988 0.19 Camelon Ct 185 0.03 Cannonero Ct - - 57911 Cannonero Or - - 2,615 If Cannongate Ct 315 0.06 Canongate Kirit Cir 307 0.06 Canterbury Chse 2,563 0.49 Canterbury Lk 626 0.12 Canterbury Ln 611 0.12 Caris Ct 712 0.13 Cedar Farms Ct 2,094 0.40 Cello Ct 171 0.03 Champions Clse 2,594 0.49 Champions Club Ct 97 0.02 Champions Club Or 1,881 0.36 Champions Fairway Ct 517 0.10 Champions Fairway Or 677 0.13 Champions Hills Ct 115 0.02 Champions Hills Or 1.,215 0.23 Champions View Or 3,032 0.57 Champions View Pkwy 1,503 0.28 49 I\ City of Milton Street Name Total Length Centerline (ft) Total Length Centerline [miles] Comment Champions Vista Ct Chantress Ct Charlotte Dr Cheltenham Walk 405 392 1,237 138 0.08 0.07 0.23 0.03 l Cherington Way Chipping Woad Ct 672 1,818 0.13 0,34 Christophers Run 2,537 D.48 Citation Trl 472 0.09 Club Cir 2,171 0.41 Coach House Ln 1,486 0.28 Cogburn Rd 16,099 3.05 Cogdeil Ridge - - 532 If Cogdell Trail 814 If Colonial Ln 1,973 0.37 Colonnade Way 1,227 0.23 Columnsgreen Ln 194 1 0.04 Columnswood Way 320 0.06 Conagtee Ct - 551 If Cooper Sandy Cv 2,283 0.43 Cooper Sandy Pte 146 0.03 Copper Creek Cir 1,346 0.26 Cottoneaster Ln 597 0.11 Country Ridge Rd 1,990 038 Cox Rd 3,788 0.72 Crabapple Ct 310 0.06 Crabapple Hili 553 0.10 Crabapple Way 452 0.09 Creek Club Dr 7,832 1.48 Creek Pt 864 0.16 Creek Rd Creek Ridge Chse 1,038 318 0.20 0.06 Crown Cv 435 0.08 Croyton Ter 374 0.07 Dancers Way 684 0.13 Danesfeld Dr 1,211 0.23 Dartmouth Rd 1,223 0.23 Davis Glen Ct 152 0.03 Meer Va[ley Dr 504 0.10 Deerfleld Pkwy 8,960 1.70 Devonshire Farms Way 2,457 0.47 Dinsmore Rd 9,122 1.73 Dockbridge Way 1,211 0.23 Donegal Ln 1,822 0.34 Dorris Hd 6,952 1.32 Double Creek Ln 1,972 0.37 50 Jho ���; City of Milton Total Length Street Name Centerline {ft} Total length Centerline (miles) Comment Double Springs Way 1,503 0.28 Dover Rd 1,236 0.23 Drummond Pond Rd 1,930 0.37 Dunbrody Ave 943 0.18 Dunbrody Or 2,195 0.42 E. Sluff Rd 6,261 1.19 Eagles Pass 964 0.18 Ebenezer Rd 1,501 0.28 Eighteenth Fairway Ct 1,473 0.28 Elizabeth Oak Ct 295 0.06 Elmdale Ct 3,353 0.64 Enger PI 357 0.07 Etchison Ln 443 0.08 Evergrace Or 1,342 0.25 Fairfax Or 529 0.10 Feystvn Ct 153 0.03 Fieldstone Trl 1,721 0.33 Five Acre Rd 2,199 0.42 Five Oaks Farm Rd 822 0.16 Foxhallow 1,429 0.27 Francis Rd 8,258 1.56 Freemanville Rd 38,816 7.35 Freemanwood Ln 2,429 0.46 Gables Run 1,008 0.19 Gables Walk 674 0.13 Gale Ct 160 0.03 Galecrest Or 559 0.11 Galloway Ct 1,023 0.19 Galloway Vw 578 0.11 Gates Mill Way 1,493 0,28 _ GI f Or 2,042 0.39 Gladwyne Ct 112 0.02 Gladwyne Ridge Dr 1,731 0.33 Glen Hampton 0r 1,972 0.37 Gten Hampton PI 314 4.06 Glen reek Way 3,756 0.71 Glendalough Ct 739 0.14 Grassview 0r 3,009 0.57 Green Rd 2,608 0.49 Greenpoint Or 642 0.12 Greenview Ter 2,738 0.52 Gunston Hall Or 2,249 0.43 Gunston Hall Or 1,109 0.21 Hagood Rd 2,651 0.54 Haley Pass 439 0.08 51 +rCiLy o! MAton Total Length Street Name Centerline (ft} Total Length Centerline (miles) Comment Hallbrook Ct 985 0.19 Hallbrook Ln 1,357 0.26 Hamby Rd 6,898 1.31 Hamlota Rdg 1,856 0.35 Hampton Bluff ❑r 2,168 0.41 Hampton Bluff Ln 597 0.11 Hampton Trace Ln 554 0.10 �- Hampton View Ct 492 4.09 Harmony Ct 509 0.10 Harpley Ct 667 0.13 Harvey Rd 1,387 4.26 Hawks Cir 36 0.01 Haybridge Ln - 2,378 If Heddingham Ct 367 0.07 Henderson Heights Dr 1,925 0.36 Henderson Heights Trl677 0.13 Henderson Rd 6,794 1.29 Hereford Rd 863 0.16 Hermitage Trl 662 0.13 Heron Run 1,159 0.22 Hickory Flat Rd 7,027 1.33 Hickory Mill Ct 337 0.06 Hickory M111 Ln 1,351 0.26 Hickory Oaks Ct 883 0.17 Hickory Pass 312 0.06 Highgrove Club Rd 2,724 0.52 Highgrove Rd 2,469 0.47 Highland Oaks Ct 773 0.15 Highlands Manor Ct 703 0.13 Highlands Manor Trce 397 0.08 _ Hlpworth Rd - - 4,8481f Hlpworth Way - 130 If Holcombe Hill Ct 146 0.03 Holcombe Hili Ln 632 0.12 Hopewell Close Dr 331 0.06 Hopewell Close Ln 943 0.18 Hopewell Crst 1,396 0.26 Hopewell Downs Dr 1,945 0.37 Hopewell Grove Dr 921 0.17 Hopewell Oaks Cir 150 0.03 Hopewell Place Dr 2,542 0.48 Hopewell Place Ln 136 0.03 Hopewell Plantatlan Ear 3,921 0.74 Hopewell Rd 41,982 7.95 Horsham TO - - 2,564 If 5' 1 City of Milton � 5 Total Length Street Name Centerline (ft} Total Length Centerline (miles) Comment Hulen Way, 242 0.05 { 375 If Huntbury Ln - Inverness Trl 802 0.15 Itaska Walk 1,839 0.35 Jasmine Way 416 0.08 Joanna Tae Ct 119 0.02 Jordan Ridge Ct 150 0.03 Kennewick Rd 923 OA7 Kensington Farms Or 5,120 0.97 Keyingham Way 1,242 0.24 Kilgarron Ct 563 0.11 Kiltirnan Ct 418 0.08 Kimberly Ann Ct 233 0.04 King Estates Ct 363 0.07 King Estates Or 553 0.10 King Rd 1,587 0.30 Kings County Ct 1,441 0.27 Laconia Ln - - 4,923 If Lake Grove Ln 1,458 0.28 Laurel Grove Or 2,087 0.40 Laurel Oaks Ct 328 0.06 Laurel Oaks Ln 1,191 0.23 Lecoma Tree 3,843 0.73 Legends Walk Cir 249 0,05 Lembeth Ct 639 0.12 Lexington Plantation Ln 900 0.17 Liberty Grove Rd 1,905 0.36 Little Stone Way 2,213 0.42 Loch mere Ct 355 0.07 Long hollow Ln 1,279 0.24 Longstreet Rd 5,491 1.04 Manor Close 1,193 0.23 Manor Trce 313 0.06 Majestic Cv 1,877 0.36 Marlberry Ct 145 0.03 Marshall's Bluff 145 0.03 Marshall's Cove 1,647 0.31 Marstrow Or 346 0.07 Mayfield Rd 3,585 0.68 McCaus Ln 424 0.08 M[Farlin Ln - 3,230 If McGinnis Way 653 0.12 McGinnis Ferry Rd (ilane) 2,871 0.54 McKenzie TO 758 0.14 Mid efoadwell Rd 1,964 0.37 53 11 ��A; CAyof Milton Street Name Total Length Centerline Total Length Centerline [miles] Comment Milton Pt 3,161 0.60 Mackorange Ln 524 0.10 Morning Mountain Way 3,559 0.67 Morningpark Cir 3,577 0.68 Morris Rd 8,162 1.55 Mountain Rd 9,017 1.71 Mustang Ct 192 0.04 N. Bethany Creek Or 1,098 0.21 N. Brookshade Pkwy 1,675 0.32 N. Burgess TO 1,232 0.23 N. Fields Pass N. Stone Case 2,004 323 0.38 0.06 N. Valleyfield Rd Nakomis PI 1,622 692 0.31 0.13 Neese Rd Nettlehrook 1,275 841 0.24 0.16 Nettlebrnok Ln 2,392 0.45 Nettlebrook Wav 638 0.12 New Bullpen Rd 4,194 0.79 New Providence Rd 19,201 3.64 Newton Dr 192 0.04 No Place 244 0.05 North Ct 268 0.05 Northern Oaks Ct 1,112 0.21 Northumberland Dr Northwood Cv 933 660 0.18 0.12 Northwood Dr Oak Branch Ct 4,329 173 0.82 0.03 Oak Farm Ln 750 0.14 Oak Heights Ct 132 0.02 Oak Hill Ct 332 0.06 Oak Hallow Ct 111 0.02 Oak Manor Way 624 0.12 Oakhurst Leaf Dr 3,640 0,69 Oakleaf Way 733 0.14 Oakmeade Trce 935 0.18 Oakstone Gln 1,604 0.30 Old Barn Ct 69 0.01 Ord Bay Ln 185 0.03 Old Cedar Ln 2,631 4.50 Old Northpark Ln 1,634 0.31 Old Place ❑r 384 0,07 old Providence Ct 171 0.03 Old Saddle Ln 931 0.18 Onagh Ct 782 0.15 5.l lam`` h City of Milton Street Name Total Length Centeriinc (ft) Total length Centerline (milcs) Comment orchard Bend Trl Owens Bridge Rd 557 1,698 0.11 0.32 Owens Farm Rd 2,412 OA6 Owens Lake Rd 3,322 0.63 Oxford Lakes Ct 396 0.07 Oxford Lakes Run 667 0.13 Oxford Ln 565 0.11 Oxford Meadow Ct 456 0.09 Oxford Meadow Run 1,758 0.33 Parkbrnok Trce 555 0.11 PennyrvyalLn 671 0.13 Petersfvrd Way 1,522 0.29 Phillips Rd Pine Bough Ct 3,183 911 0.60 _ 0.17 Pine Branch Ct 158 0.03 Pinehurst Walk 169 0.03 Plantation Cv 919 0.17 PIantatfon Trce 1,616 0.31 Pleasant Hollow Trl 1,297 0.25 Pony Tali Rd Post Oak Ct$e 1,587 1,127 0.30 0.21 Powers Court Ave 3,654 0.69 Providence Farms Ln 1,691 0.32 Providence Lake Dr 5,633 1.17 Providence Lake Pt 268 0.05 Providence Oaks Cir 2,786 0.53 Providence Oaks St 2,288 0.43 Providence Park Dr Pravldence Plantation Or 1,899 2,941 0.36 0.56 Providence Rd 15,743 2.98 Providence Way 2,476 0.47 Qua rrington Ct 119 0.02 Quarterpath Ln 1,233 0.23 Quayside Ct 549 0110 Quayside Dr 3,153 0.60 Ranchette Rd 3,257 0.62 Redd Rd 5,957 1.13 Reddstone Clse 1,342 0.25 Richmond Glen Cir 3,433 0.65 Richmond Glen Or 2,652 0.50 Riley View Ct 201 0.04 Rissington Psge 196 0.04 Roseville PI 328 0.06 S. Bethany Creek Of 1,664 0.32 5. Burgess Tri 853 0.16 n ��� city of Miltor, Street Name Total Length Centerline lft� Tota; Length Comment Centerline (miles) 5. Heron Run Ct S. Vineyard Way Sable Creek Dr 1,159 1,093 588 0.22 0.21 0.11 � y Sable Ct 2,066 0.39 Sable Pointe Rd 3,086 0.58 Sable Walk 167 0.03 Sablegreen Way 629 0.12 Sablewaad Dr 1,858 0.35 Saddlesprings Dr 5,835 1.11 Saddlesprings Ln 229 0.04 SaddlevaIley Ln 656 0.12 Sandpoint Trce 1,126 0.21 Sandy Creek Farm Rd 1,488 0.28 Saybetk Way 346 0.07 Scarlet Oak Trl 1,826 0.35 Scotlandwell PI 2,393 0.45 Seabiscuit 2,654 0.54 Segwick Dr 1,608 0.30 Serenade Ct 51hadecrest Ct 2,814 203 0.53 0.04 Shandwick PI 462 0.09 Silhouette 4;t 350 0.07 Six Hills Ln 546 0.10 Slide Ct 183 0.03 Sonata Ln 1,454 0.28 5oneley Ct 714 0.14 Southfield Ln 2,018 0.38 Southfield PI Springbrook Ct Springfield Creek Rd Springfield Creek Way 273 568 624 188 0.05 0.11 0.12 0.04 5pringwell Ln Stillhouse Ln Stone Hill Pt Stone Orchard Ct 597 951 508 720 0.11 0.18 0.10 0.14 Stonebrook Farms Dr 1,747 0.33 5tratforde Dr 1,236 0.23 Sulky Way 816 0.15 Sunflower Ct 280 0.05 Sunflower Way 756 0.14 Sunnybrook Ln 467 0.09 Sun alley Dr 447 0.08 Sweet Brtar Ct 330 0.06 5weet4rier Dr 1,334 0.25 Sweetgum Or 322 0.06 ��' � Cisy al M�Eton r,6 Street Name Total Length Centerline (ft) Total length Centerline (miles) Comment Tabbystone. Pass 405 0.08 Taylor Glen Dr 2,918 0.55 Taylor Rd 7,887 1.49 Taylor Ridge Way 773 0.15 Taylor Valley Ct 159 0.03 Taylor Valley Way 1,834 0.35 Tensas Trce 1,757 0.33 Terrace Glen Cir 640 0.12 The Hermitage Dr 2,162 0.41 Thomas Creek Ct 537 0.10 Thompson Rd 21,774 4.12 Thompson Springs Dr 1,632 0.31 Thompson Way 206 0.04 Thorntree Run 1,668 0.32 Timbergap Crsg 675 0.13 Tor Ct 291 0.06 Tramore Pl 1,144 0.22 Treyburn Manor Dr 1,148 0.22 Treyburn Manor Vw 3,285 0.62 Treyburn Run 2,014 0.38 Treyburn Vw 906 0.17 Triple Crown Cir 435 0.08 Triple Crown Ct 1,653 0.31 Triple Crown Dr 4,710 0.89 Trotter Run 1,253 0.24 T Tullamore Way 2,124 0.40 Tullgean Dr 3,149 0.60 Uplands Ct 537 0.10 Valmont Dr 319 0.06 Valmont In 2,564 8.49 Virglnla Gin 610 0.12 Wade Glen Ct 237 0.04 Watboro Hill Dr 1,947 0.37 Water Oak Place 1,120 0.21 Waterhaven Ln 1,292 0.24 Waterside Dr 4,974 0.94 Weatherwood Or 1,472 0.28 Webb Rd 5,410 1.02 wellspring Ct 88 0.02 Weyeroft Cir 2,684 0.51 White Columns Ct 793 0,15 White Columns Or 7,569 1.43 Wickstone P1 943 0.18 Wigton Dr 2,162 0.41 Wigton PI 698 0.13 ��� Cily of Millon Street Name TotalLength Centerline (ftl Total Length Centerline (miles) Comment Wilkie Rd 612 0.12 W iliowbank Ln 687 0.13 Windsor Cv 689 0.13 Wolf WIllow Use 2,116 0.40 Wolf WilloW Ct 169 0.03 Wood Branch Dr 2,402 0.46 Wood Pine Ct 268 0.05 Woodlake Dr 693 0.13 Woodllff Ct 658 0.12 ~- Woodliff PI 357 0.07 Wyndham Farms Dr 2,702 4.51 Wyndham Farms Way 957 0.18 Wynstead Ct 287 0.05 Wytheford Ct 141 0.03 York Cy 998 0.19 TOTAL 849,018 160.80 4.59 miles 7. We have a question pertaining to the City of Milton Pavement Condition Survey. Would CHPACES would be an acceptable alternative to THE Micro PAVER system? No. 8. Section 1, Page 6, hent 1 (also in Section 3, Page 13)- is the requested surveying to consist of primarily stationing dawn the roadway alignments or is the intent to develop a full set of plans with cross sections and other details? The word 'surveying' in this context refers to in evaluation of the pavement condition not a field run survey with cross sections. 9. Page 13 Section 3.1 b - Will city provide physical characteristics for pavement? (i.e. pavement thickness, age of pavement, construction history). We can provide that infop-mation where possible. The majority of the roads were built in Fulton County prior to the incorporation (if the city. Subdivision plat~ are available for the consultant to review if they feel that information is lie rtincnt to thellr evaluation. 10. Page 13 Section 3.1d - Will city provide most recent shake file and/ow-aerial pliolography prior to field inspecdons? Yes. 11. Page 13 Section 3.lc- Does contractor establish new 1)i-cak I)oiitts if pavement t}lie or pavetttent condiIiun varies? i8 �� 1rCity of (Milton No, but santltling units should be compliant with ASTM D6433-109. Pavement type is asplrtlt throughout the city. 12. Page 13 Section 3.1d - Will City of Milton provide contractor with preferred MSIR treatment guidance? The consultant should provide recommendations based ort current industry standards. 13. Page 13 Section 3.2b - Wilt local work type unit costs be made available to contractor from the City of Milton? We can provide any recent information that we have ort file. 14. Page 13 Section 3.2a - What is the expected timeframe of the contract? (inspection, draft report, final report, training) Thr consultant should provide a schedule as part of the work plan as described in Section 1.4 (A)(d)(h) 15. Page 17 Section 6.0 - What information is needed for references? Set: Sct•tion 1.4(A)(4)(c)• 16. 1 learned from the website that IMS performed the previous PCS for the City of Milton in 2007. Would it be possible for us to know what the winning hid was on this study performed in 2007 for reference? That sur vey was 1)rovided to the city as part o1' a large r. city services contract. 'I'1tc specific cost of the PCS is trot avai hi ble. 17. 1Vill we meed to reference the 2009 ASri-M or the 2011 ASTM in the PCS? ?009 1S. floes the City have a Micro PAVER database setup that just needs to be updated, or do we need to provide tite city with: the software and a new database? The city has the Micro PAVER software but no existing database. The contractor shall create :end install the initial datahase. and perform any activities necessary to ensure than the city has un operaIiouaI pavemcnl management system. 19. What will be the required intervals for the PCS? The RFP states that the City will determine testing intervals for PCIS. Refer to qutsti❑n 1 1. 20. Does the City have a stated preference far the use ofautontatied or manual data collection methods for pavement condition surveys and data collection? 59 ��+� city of Hilton Irautomaled ntitItods are proposed a derailed description uFfield quality coittrut methods should be provided. 21. Does the City have an existing pavement management system that this MicroPAVER implementation wiII extend, or will this be u new implementation? New implentci talion. 22. Are there existing GIS shape files currently availablc For the roads to be sur♦'cved? Centerline shape filr:s are available. 23. Is the "historical information" mentioned in the Project Scope (section 3.1.b.) referring; to pavement construction history? If not, what type of information is this referring to? Delete lite reference to 'historical information' 23. Section 3.1.c in the Project Scope indicates that PCIs are to be calculated "at break points established by the City." Are these break paints referring to pave meitt sectirtn boundaries or sample units? Refer to question IL 25. What sampling rate should be used for performing the inspections? Will the City specify this, or !Pili tit is be coordinated as part of the project between City and Vendor? Sampling rates should be compliant with ASTM 1)6433-09. 25. The RNP lists approx. 155 centerline miles of roadways. Is the intent that there would he one lane per centerline mile surveyed, one lane in each direction, or some other cumhinatiun that would help us determine Lane -miles of data collection? Refer to questi>>n 1. 27. Is it appropriate to assume that the lane miles are approximately twice the centerline miles? Refer to (Iuestion 1. 28. The cost is requested "per mile." Is this per centerline mile or lane utile? Centerline. 29. How many sections or roadways make up the total mileage? Can we get the list of roads to be surveyed? This information will obviously have a direct impact on the costs to complete this effort, so any available Information as to roadways, lengths, sections, etc. would assist a potential vendor in providing the best possible information for the City. Refer it) question 5. 30. When binding the proposal, should all deliverables be hound together or only items from the `Technical Proposal (p. 7, section 1.4.A: should items 1 through S be bound, or just item 4)? All items shonid he houml with the Technical Proposal. 60 1 City of Holton EXHIBIT "B" Response to RFP n City of Milton si roadway inventory asset management . map November 17th, 2011 Mr. Rick Pearce, Purchasing Office 13000 Deerfield Pkwy, Suite 107G Milton, GA 30004 RE: FY2012 City Wide Pavement Condition Survey Dear Mr. Rick Pearce, integration Thank you for allowing Transmap Corporation to propose our proven solution to provide Pavement Condition Survey Services for the City of Milton, Georgia. We provide real measurements, NOT an automated approach. Transmap's Pavement Management 2.0 system offers a reliable solution to your requirements. We are confident that our services will meet and exceed your expectations. Transmap uses actual photogrammetric measurements to assess pavement conditions, combined with walk -out inspections For quality control. Our approach is safer, more efficient and more accurate than windshield surveys or automatic crack extraction routines offered by other vendors. Below are a few key features you will find beneficial in qualifying Transmap as the best provider For your pavement management needs: ■ History - Over the past five years alone, Transmap has successfully completed pavement condition surveys for over 12,000 lane miles of roadways for cities and counties. • Experience - Transmap has provided pavement management solutions for more than 17 years. Our solution has been modeled in nearly 100 Counties and cities. ■ GIS Focused - We are an Esri Public Works Partner. Our pavement condition data are linked to road centerlines in a Web -GIS and can be easily shared online. ■ MicroPAVER - Most of our customers use Micro PAVER. Micro PAVER is the standard software we use In-house for pavement management projects and to develop pavement preservation strategies for clients. With certified PMS trainers, we can educate your staff on the best practices (ASTM ❑6433-09). d Transmap has provided two pricing options to meet customer needs. Our solution is tailored to fit various budget contraints. S Please do not hesitate to contact me directly with any questions. You can reach me by email at hIuXhj2J(6transmap Com or on my mobile at 614.886.4100. Be/regarHoj, PE PrEO P.S. For a digital copy and a video of our proposal, please log on to transt_ ilp com/Mi. e Transmap 3366 Riverside Drive, suite 103 Transmap Florida -Regional 3001 N. Rocky Paint Dr. E. Upper Arlington, Ohio 43221 Phone: 614-481-6799 suite 200 Tampa, FL 33607 e Fax: 614-481-4017 transmap.com Phone 813.286.6180 Fax; 813-289-7748 f�Qk cQrr�transma❑ typutt E wi)Ztransman Transmap will BEST serve the City of Milton, Georgie, at the lowest cost. 17+ years of pavement & asset management experience '• TRAINER DEVELOPERS Recent Pavement Projects • 'Seabrook Island POA, SC City of Wilmington, NC City of Sarasota. FL The Villages, FL City of Lakeland, FL Putnam County, FL City of Alexandria, VA City of Newport News, VA City of Fresno, CA City of Rancho Cordova, CA City of Watertown, NY Town of Greenburgh. NY Erie County. NY Lewis County, NY Jefferson County, NY City of Huber Heights, OH City of Schertz, TX City of EI Paso, TX City of Killeen, TX Allegheny County, PA City of SeaTac, WA City of Casper. WY 100% Roadway Coverage Repeatable Solution HYBRID APPROACH -Analysis that stands up to field walk -outs -Real photogrammetric measurements -Faster, more efficient, repeatable solution For a digital copy of our response and to see a Video, please log on to transmap.conVMI On -Sight asset i mai . collect, BEST PEOPLE STRATEGIC PARTNERSHIPS -PhD's, PE's, LISP's on staff - Esri Public Works Partner -APWA MicroPAVER Training �� -APWA National/local partnership -Quarter Million Miles of - MicroPAVER system Experience implementation (17 years) Safety Concerns J. (Automation) dSi�ieldl i Real Measurements Gesr*i- Public Works PARTNER Transmap APWA Accredited Partner: I - z sib greer �BustN�s. ■ WORD PLAN Transrnap otters a total pavrntent ntanagetuent solution that we cal Pavement Manaricntrnt 3.0 Pavement Management 2.0 is based on a hybrid approach for data col Iectioil and a_ssessmerit. empIoN ing cutting edge hardware and software. Clients benefit fra>:zt robust reporting of pavement condition data fully integrated in a GIS. We offer you on-site support and customized training based on Your specific needs. Please recut the trevt seLWO)l 01- details ort hoar Pavement rt Imutgenteal 2.0 it -ill provide the hest solution fijr lour pr7?ject and e.v eedl writer eXPectertions, The flow chart belrnv shows how Transtnap w i I I conduct this pavement inanagernem project For the City of Millon. Transrnap's PMS Process Chiirt "Pavement Management ?.t}" Boat Cti M,& Rodd Network Raw Data Distress r�> PCI Needs ►Pilti*sls Defrnipon Collection Analysis Calculations Project Management Support & Web -based Results � _ _. Ad -HOC & Communications Training & Reporting — Reporting Hoot Caill piNecils Analysis First, we snake sure that WC under:stand %%-hat our customer wants to accomplish with their asset and pavernent management system (PMS). We sit down with yuur Wails :.and stludy existing data, work processes and requirements for hardttiary and software. -Phis process will establish a benchmark for productivity irrsprovernents that tilt ne%Y systern XYiII helpYOU accontplislt. V During the Boot Camp we will create an Operations Manual. The manual contains a Field Ilata Collection Pian that specifies ON-SIGHT"m 14D right-nf=►Y ay imaging,, a Data Development Manual shat includes the specifications Far producing the pavementla et infru-structure database, as well as Acceptance Criteria and Quality Control Procedures (QA/QC). This ntanuaI will be delivered to you and will be the; catalyst tar years of proper paventciWasset management. ■ Finally, we develop an Implementation flan, Based on the Needs Analysts, we design a plan and budget for ! implementing your systern. `this includes deployment and implementation schedules with clear goals, a timeline, and a detailed budget. ■ Road Network Definition During the Needs Analysis. our clients provide Tran smap with existing, road centerline maps (digital and 1 paper), orthophotographs, and other records that describe the road network to be inventoried, These data sets P are used as a reference for planning and conducting the proposed work. We w i I I ask you to spec i11caIly. identify the roads that are not to be driven by Transmap. During this ph,Tsc We structure the road centerline network to define branches and segments that fink to the MicroPAVER software, 3 Raw Data Collection with the ON -SIGHT"" System Tratismap will use its ❑N-SIGHTTM HD System to capture ground --based LiDAR, 360 degree street -level. photogranmletric images and a dedicated cantcra scanning For pavement distresses. The ON -SIGs 1-17"a 1-1D 1 mobile mapping system collects data at normal driving speeds. No special traffic control devices are required during the data Collection process. In addition. Transrnap conducts an extensive walkout QA/QC ofthe pavement network- Distress Analysis Transmap will assess the condition of all roadways in the City's network usittg the digital image database captured during Raw Data Collection in the Meld. Trained pavement engineers rate both the type otdistress. such as alligator cracking, edge cracking, potholes. weathering and raveling, transverse and longitudinal cracking, block cracking, pate lung and utility cuts. as well as the severity of each distress. following the guidelines established by tile ASTM standards and documented in the Operations Manual. Our robust quality control procedures ensure that the photogrammetric measurements comply with ASTM standards. 1'C1 Calculation ire Microl"'W R Distress data arc automatically Ioaded into Micro PAVER for processing and anaIvsis. The Pavement Condition index (PC 1) h% computed for al segments of'the street network. PCI data is immediately Itnked to the Cr IS based on the road centerline network. Ad -Hoc Reporting; Once the PC I's are computed. we will lie Ip the City create reports directly in MlcroPAVE R as well as in the GiS and other programs. We can help you design custom reports showing statistics of'current road conditions, You can also develop different rehabilitation scenarios and show how they would affect the overall condition of the City's roadway network. Transmap will help ,you export MicroPAVER data to other programs. such as Microsoft Excel. Access or Crystal Reports for customized reporting. NVch-leased Reporting in a (;IS As MicroPAVER data are linked to the road centerline network. the pavement condi t'soil 'tnfortnation can be immediately displayed on a map. "Typically. tlhe i'C1 layer is shown in different colors (red = poor condition. yello%N - 11hir. green = good) on top ofthe road centerlines. Transmap will host the Micrul'WER data online using the ArcGIS platrorm, so the City of Milton call 1 Access pavement condition nlalm online an([ display them in a regular neap browser and print reports without M the need for any extra sotf ware programs. Project ,Maoagenrent & C'otnIll uttication, Transmap will provide the City of Milton with monthly milestone wpoils. as well as informal updates on a weekly or as -needed basis. In addition to our reports, you ►will get access to a secare project welhsile that shows an up-to-date project stmus. Detailed corn ill unications guarantees that you. our customer. will receive exactly what you expect. 'Franstnap believes in exceptional customer support. This is ►k fly each customer gets their unique Content Delivery website. Support sic Training; This task is conducted at ditferent times during the prnjecl. It includes readiness reviews. acceptance tests and even software and maintenance training to show your staff' how to keep the pavement databases current. We want your managers to understand the savings you cern achieve witli (lie new system. Transmap has certified MicroPAVE:R trainers who can conduct ?-day training courses at your office. Phased Deliveries, We have found that communications and data quality can be significantly improved with incremental deliveries. Incremental deliveries ensure n significant amount of data is presented to our customer earls• in the project. "This delivery process helps root out hard -to -find problems as early as possible. At the same time. it lielps the customer spread the work load of receiving and inspecting large amounts of data. We believe this is the hest approach to tntiet your expectations and avoid unpleasant surprises. I Pavett;sent M-.1migerrrent 2.0 This unique approach to pavement inattagentcnt was exclusively developed by Transmap. Pavement ' Management 2.0 exceeds 'industry Standards and provides our customers ►with a reliable and robust solution to pavement managetttertt that generates real savings and 'improves etliciencics iii public works and higlty►ay # departntettts throughout the USA. Pavement Manage:ment 2.0 combines [he following 5 components to a smooth s%stem: 1. Hybrid Approach 2. Latest Hardware & Software 3. Robust Reporting 4. On-site Support 5. Customized Training 1. Hybrid Approach [Ifs -SIG IIT'" II1) 1juaging & Rtes► Daia Crrllrction To record pavement condition data and roadway assets in the field, Transmap drives Its Ulircr ON - SIGHT HU mapping vehicles along all roads specified during the network del iniIion phase of the: project. The systetii captures pavement and right-of-way (ROW) irnages on both sides ofeach roadway for a 360 -degree view of the road. This allows us to capture 100 percent ofthe Pdv6m6f4Vie-% O+V Slcrtr htapptng Vetude pavernent surface and right-of-vvaty - of each road. As a standard. Transmap records images at 13.1 rout inten•uls in order to capture a clear view of every' ROW feature and pavement distress. This spacin can be customized in order to meet specilic customer needs. Transmap's standard imaging, system consists ol'a 3 camera configuration: one camera lacing forward, another camera at a 45 -degree angle to capture ROW lcatures, and a third, rear mounted camera lacing down on the pavement. This system can be upgraded for a total of'6 cameras. The ON -SIGHT system is very 11exiblc and can be adjusted to meet our cliem's needs. Traasmap's i niages are open source and can be set up and used with any image viewer. The image dataioase is comprised of industry -standard JPEGs that are geo-pYw&*A referenced visa the Esri geodatabase (shapefiic). This c ; allows Transmap to host images fait our server and provide - � , clients with immediate access over the Internet and a] lmL^ multiple users to view and use the data from a central location. This ArcGIS Server technology allows users to view images and see all asset features in a web- based GIS environment. A copy of the images is delivered to the customer on a USB2 hard drive with the raw AVi files or flash media. P,-lVCnlrnl E'UnditiOn tial -►e1' Once [lie ON-S1GI-I'FM HD raw data coIlection is tinished and prt iect specification documents are complete. Transntal) begins with an analysis of the: pavement inventory. The first step is to prepare an updated version of lite client's road centerline. The centerline serves as the route network and establishes the hierarchical structure. Tilis hierarch} itic Itides tic twork. branches. and w Transmap's standard imaging, system consists ol'a 3 camera configuration: one camera lacing forward, another camera at a 45 -degree angle to capture ROW lcatures, and a third, rear mounted camera lacing down on the pavement. This system can be upgraded for a total of'6 cameras. The ON -SIGHT system is very 11exiblc and can be adjusted to meet our cliem's needs. Traasmap's i niages are open source and can be set up and used with any image viewer. The image dataioase is comprised of industry -standard JPEGs that are geo-pYw&*A referenced visa the Esri geodatabase (shapefiic). This c ; allows Transmap to host images fait our server and provide - � , clients with immediate access over the Internet and a] lmL^ multiple users to view and use the data from a central location. This ArcGIS Server technology allows users to view images and see all asset features in a web- based GIS environment. A copy of the images is delivered to the customer on a USB2 hard drive with the raw AVi files or flash media. P,-lVCnlrnl E'UnditiOn tial -►e1' Once [lie ON-S1GI-I'FM HD raw data coIlection is tinished and prt iect specification documents are complete. Transntal) begins with an analysis of the: pavement inventory. The first step is to prepare an updated version of lite client's road centerline. The centerline serves as the route network and establishes the hierarchical structure. Tilis hierarch} itic Itides tic twork. branches. and sections. All pavement condition data are linked to the roadway network. Transmap has developed a unique mcthnd that ensures that a I I pavement and asset data are correct[v related to the centerline tile. I'his is represented in our ERR that is delivered to the client. Establishing the Pavement Net►vork System The pav enietit condition assessment is condtscled Ibr all routes driven by Tninsmap• The following terminology is used to dei ilie the Ili crarchy ofthe route system; Net -work - Bra nches - Sections Roadwav 11wetttthrv- Example of Network Level Sampling Criteria Used by Some Agencies it .. As pan of any pavement condition curve}•. Transmap collects the road %vidth and surface type at every sample location. These steps are critical for establishing a pavement management plan. We will also collect any historical data oil M&R and construction dales ofthe client's road network. This information is vital to establisItilig accurate pavement curves that are modeled on the client's roads. i'Milsmap can accommodate any Sampling methodology our clients request. As a standard. we rise 300 -foot long sample areas. All samples trust belong to a network. branch and section. All pavement sections are divided into 340 -foot pieces. The general goal is to have sample areas between €.500 sq. ft. and 3.500 sq. ft.. which is the industry standard. Transmap drives both sides of each roadway, This allows us to sample distress data on both lames. Ili the case ol'divided roads, we sample both sides ol'the median. For large and more spread out higllways. Transmap can use a wider and inure cost rtfective sampling method, Systematic Random Sampling It clients ►vish to get 140' sample locations analvzed and loaded into a PMS, Transmap can accortunodate that as vvell, As Transuialh captures 100% ofevvey roadway in each direction, any custom sampling method could be applied. Pavement Distress Atialysis franstnap CoIIo%Vs the ASTM D6433-09 standard for coin puting a pavement condition index. Transmap's solution is repeatable. T€lis solution differentiates our hybrid method to other Loin panics that claim to have an automated approach, but cannot duplicate their results to establish proper pavement condition data. Transtit ap helieves in the power of measurements. We do not just tnr•n on a laser or conduel a windshield survey. Our pavement engineers make actuaI measurements! 111l u INTERNATIONAL �,,. Pri: start; .:,th _.Ile-zon :ursa:e datrt:: data. ntr .•5rk•:rd* .o aft rcad.:a:s 5urr4:e dr:tris: -lata is the t:estprediciar of-ur-trz .andpt4on C rhes meth•,4, (La :tr prN+l•srrsetc r. !Rt and deris:tivn tesan,t' are t•; be used on a pr•,tc,l —aft- not neth8rk .1d* Federal Highway Administration (FHWA) - Bob Orthomeyer, PE, Pavernent Engineer - 26Q6 0 FMWA Transtnap has completed studies on the use Ofautornatcd crack detection systems. such as Crackscope. me conclusion is that it is still an tfnreIiabIc and nun -repeatable solution. Transmap's Hybrid Approach is hrrtlh reliable and repeatablL% I it 14 Lt ` R It It Distress lisspeetiou (C't:te:k�I�►i''1'eehnerlut;l') Pavement distresses are inventoried or inspected using phvtgrainntetric methods from the high-resolution imagery gathered by the ON-SIGH`I"TM 1i❑ system. Through the use of photogr-ainnietrv.-franstitap can [treasure widths. lengths and sgrtare [dotage of any surface distress. Transmap can easily accommodate sl3 cilic client requirements by collecting all 10 recommended surface distress data or user del ined amounts, Each d'sstres i is rated by severity level and/or quantity. Distresses are recorded for each pavement section. Severity levels are typically classified as None. Low. Moderate. or High. Once related to the centerline, the severity, data are processed to cnrttptlte a Pavement Condition Index (PC 1) - a number between 100 (hest) to 0 (worst) that indicates the overall condition of the pavement fora specific segment. Transmap is a total Pavement Solution Provider. tfall) other testing is required by our cttstotner, 1'ransniap ►viii make sure it is collected ttrt time and %%itItiit budget. Transmap does not rely an a iota IIy automated approach to pavement inspection. We use field walktim ins x-etions to supplement our photogranintetry and perform quality control in the field. 2. Latest flardwtire and Software 'rite ON-SIGI-11' INlnhiie: Mapping System Transntap's ON-SIGHTT't is a state-ol-the-art mobile: mapping system that combines the latest imaging and mapping sensors ill a vehicle. The ON-SIGI IT systern can capture ground-based LiDAR. 360 degree street -level. photograrnmetric images and a dedicated camera scanning for pavement distresses in a single pass along a highway, and tie all data to act accurate GPS locatioit and heading of the vehicle. Technical details o€sensors can he fbitind in the box on the right of this page. The ON-SIGI ["I -Tse system has been upgraded to HD (high - de inintion) digital cameras. specifically for pavement condition surveys. As this mobile [napping system collects data at normal driving speeds. no special traffic control devices are required during the data Collection process. Transrens LOW The fallowing is a list of the mobile mapping equipment: Ford E350 Furl Skm Van Tnmbte POSLV 420 DGPS " integrated system (best solution on the market) - GPS -A9 332 (012. Cimnistar neat -time correction) - x, Y poslacn 1,5 tees An inertial navigabon system - Litton LN 200 at 400h1 ttoptwst accuracy? HO and Ultra NO Carreras - 1828 x 12W Color image - 7448 x 2048 Pavement Camera - 5618 x 3744 Pavement Camera (Optional) Distance measurement instrument (C)MI) Rut and Ride Setup - 5 point angied M bar - optionat 40 point [NO Sick LMS211 Ground based LiOAR Two Servers to run up to six devices at one time - Beal time Raid array Trimble 5700 Geodetic Base Stations for past processing data Micro PAVER is an integral part ol'tlie Pavement Management 3.d approach. Transmap has completed countless projects vviIh the MicropAVEll solfvvare. Transmap works closely with AP WA to ensure pave nient data is collected and impletneritcd using ASTM standards (D6433-07109). All ofour pavement nlanagenient projects are run through NticroPAVER for duality control• even il'a client uses another pavement tltnnagement sYstetrt. Dttc to our open source policy. Trattsmap can deliver an Entity Relationship Diagram to ~herr holo Ci IS road centerlines arc integrated with �7icraPAVL R, Esri My eloper Oesri- Transmap is an Csri Ptsblic Works Partner and Developer. Transmap is the �stlly %,ellicle- based asset nlaslagenlent company hired by Esri to collect roadway and pavement Public Works infrastructure data, PARTNER 00-Chrough mall}. faint asset m;magenlent projects. Transm,ip has helped Esri 0910 better understand the meals of a Iransportation laver for pavement mattagenten(. We were part of the UNE1'RANS data mode setup atld %%orked exclusivelV t►'sIli the Geodatabase. ArcSDE. and ArcGIS rt Server technologies. Transmal) incorporates all collected pa%,enlent and asset data in the client's existing GIS, 00 milk L* lot 0 Ot NVeb-Based Solutions Transmap call !rust our client's data on Our servers for easy access over the Intertiet. This environment allows ror multiple users to view and use the data in their web ' browser. Some clients choose to make their GIS and asset information available to their constituents.The ArcGIS Server allows users to vie%v itna:es and See all asset feature acid pavement distress data in a web -based environment. This will reduce your cost. because clients no longer need to pay for multiple seat license_~ For sofhvare. •1'o see all actual client server site go to TiM Hutton The "rm button is a special add -sill that enables street -level imager- in AreGIS. When you click the TM button you w i I I be able to dispIa} digital images oftile road t►ay and the surrounding right-❑f�way� inside AreGIS. a Vehicle -Based [1 DAR Transmap employs an irtfi•ared iJDAR sensor, that scans the roadway ror pavement features such as cross slope, curb reveal, shoulder drop oti, and crowning. LiDAR has been successfully used to inventor traffic signs. street lights. and to accurately measure their dimensions. The image to the far right is an example ofutility poles and traffic signs recorded with our Li DAR sensor for a street light inventory. Rotlgilucss Dala j0pliunal) 'Franstnap ltas partnered with international Cybernetics Corporation ([CCS for our vehicle Rtrt and Ride equipment, We have worked together for over 10 years. [CC has ntet or exceeded .all State I ligltway Class 1 testing requirements. The International Roughness Index (IRI) can be collected far lice left wheel trach, the right wheel track, and the average of the mo wheel tracks. `F'ramsmap uses this tie%%. hitch mounted. class l portable profiler, if required by a cIieut.'f-his profiler meets al ASTM F950 standards, [t captures continuous pavement data as lite vehicle drivarys along a midway at user specified intervals (1" up to 18"). F'atllino Weight Deficciometer (FWD) 10ptional) 1'ransmap can supply tfte client H'ith project level FWD testing with our trailer mounted FCUB 2na-1= WD dynamic 'araapulse loading device. The KUAB meets or exceeds at[I re:quirenients of AS'I'M standard test method 1] 4694-96 and the Sl -I RP calibration protocol f'or F W D equipment_ Some of lite unique features of the KUAB ?ni-F=WD include, • Two MASS Configuration: The most significant tactor in the production of a load pulse that simulates the actual effects of -a moving, vehicle. • 5egtatented Loatd Plate; Ensures a uttiturtn pressure distribution over tite fill[ area of the plate. Seismometers: The deflection measuring sensors with a range aft) to 200 mils (0 to 5080 microns) Ground 11cuutraling radar (Optional) Ground Penetrating Radar (GPR) testing is used to detcrunine the pavement layer thickness and to help identify the uniformness ofpaveanent lavers along a section. 'This process should be used in conjunction U'ith F: WD testing. Transntap offers this service as an option in connection with project level FWD testing. 3. Rt)bttst Reporthig At Transtnap. Nve cater to our client's needs. We do not believe in just one-ot'reporting. Since we are M also it GIS company, our reports always include eaq to interpret Maps. Maps are great Car board presentation,. for planning and justifi'ing your budget. and to easily visualize the I overall condition ofyour roadwa1 nejwv irk,. Ad -HOC' Report Sarasota Candidate Map """-„•� i smuora. FL 2911 PotmeM CandwN. Yap Le4•nd J N t Mainteimncc & Relmir Activities i The Maintenance and Repair{ &R) Work -Planning fcature is a Micro PAVER tool I'or planning. ` schedulino. budgeting and analyzing alternative pavenicni ivl&R activities. The M&R Pla:t utiliA:s basic inventory data combined with inspection information. maintenance policies. maintenance costs and predictions about future pavement condition. Work plait TCS ulIS are Spec I i c to your site. s All lactars used in determining the M&R or construction activity (to apply or [lie costs to use) can ' f be configured to reflect your pavement management practices and costs. Wort: pian options include: Determining budget consequences. eliminating M&R backlog in a specific number of years. maintaining Current Area Weighted PCI'!`', ant! reaching Preferred Area Weighted 13C1T"'. M&R Work -Planning is used to see the effects of ditlerent budgets and work plates oft Riture conditions. Deterioration Models C ostomized Rcporting & Phanning Transrrap has provided support for creating custom reports to many of our clients. These reports have assisted our clients in identifying roads that may need M&R based on budget, target PCI along with other customer defined criteria. s i The next page includes actual examlilos pulled 11.0111 a repoil created for The Villages Community Development Districts in Florida. Candidate Maps grid Lists ,.x ..,..w....,. x.. r...i rt.w.... amus -- Rehabilitation Options and Pricing t.sr. I i 1*r H .. I — -r ,.... s • TI graph is an exam 1)1e o Hiow to app IN, the rig,[it Irealmtnt. to the right road. at the riWht lime. Trans ill ap can help the City develop pavement rehabi I i tal i o n strategies anti stig esl dilicrenI treatment olitimlS. Excellerfl _ _ �r+w 1 Fuq SrA Rr:1s9IFiMIrrt �+ L Shrrry Srat. ChiP ScaI Or ?AClaresrrtl.xlnq (Sin Ott) Good C •.+. 3, Cflip Seal or hticraresilrTacltyU(DpLill 1c1 I D L �r a. Capr Se..1 o Fou U . 5� HMA Ovethq I c Popr �, fir. n. Wdl1 k HMA OvellDLy F i r- I, Pl-u:nRMSycI")g A Ova !Fay VM Poor 4— 8. FtOt 0gW1 Recuslctnl[tIcm Faftd ~� ! 0 5 la 15 20 2S Time (Years) 7. CrackF-UhnR la neededl r 4. nn -Site Stippor•l Oil -Site Boot Camp i Transtnap o hers to conduct an on-site "bout camp" at the City of Milton. This will allow us to go over the specifics of the data collection and assessment process. conduct a tSeeds analysis and collect existittg data currently used by the City. The boot camp is usually mo days but call be altered to tit lite City's schedule. fct - rl..safpOon tafdo i 1 P, I0M'.III.M•n, TI graph is an exam 1)1e o Hiow to app IN, the rig,[it Irealmtnt. to the right road. at the riWht lime. Trans ill ap can help the City develop pavement rehabi I i tal i o n strategies anti stig esl dilicrenI treatment olitimlS. Excellerfl _ _ �r+w 1 Fuq SrA Rr:1s9IFiMIrrt �+ L Shrrry Srat. ChiP ScaI Or ?AClaresrrtl.xlnq (Sin Ott) Good C •.+. 3, Cflip Seal or hticraresilrTacltyU(DpLill 1c1 I D L �r a. Capr Se..1 o Fou U . 5� HMA Ovethq I c Popr �, fir. n. Wdl1 k HMA OvellDLy F i r- I, Pl-u:nRMSycI")g A Ova !Fay VM Poor 4— 8. FtOt 0gW1 Recuslctnl[tIcm Faftd ~� ! 0 5 la 15 20 2S Time (Years) 7. CrackF-UhnR la neededl r 4. nn -Site Stippor•l Oil -Site Boot Camp i Transtnap o hers to conduct an on-site "bout camp" at the City of Milton. This will allow us to go over the specifics of the data collection and assessment process. conduct a tSeeds analysis and collect existittg data currently used by the City. The boot camp is usually mo days but call be altered to tit lite City's schedule. Topics discussed at the boot camp include L16VC coding, sampling. measuring, data collection. pavetnent maintenance. and reporting. Most customers feel that the boot camp is an important prerequisite to start the project correctly and prepare the City for the data and infonnaticm they ►►'ill receive and ho%% to use it. Council anti Nlayur Presentatiuns Transmap can help you prepare your budgets and even present our findings at a council meeting. Com Transmap ►viii provide the C ity'S proJ eel ttlattagUtS j With 111011th IV 1111d III tleS1011C reportS. as well as informal cnntmunications oft a day -to -duty or every -other -day basis. We Stave a great set of references. who will agree that our specifications are the most valuable of all. These specifications have a tremendous impact an the customer getting %vhat is expected. S. Custtitltized "l railtino .N1icroPAVFR Training! Transtttap has Micro PAVER trainers certified by the American Public Works Association, We have conducted 2-3 day training classes for many clients. including the City of EI Paso, TX. the City of Schertz. TX. City of Huber Heights. OH and The Village Community Development Districts. FL. Your Data, Your Way We adapt the training to each client's spec if is needs. We al►vays train your staff' on your pavetnetit data and street networks. and \+-e will provide on-going; support by email or phone [ince the project has been completed. Quality Cowrt,[ .iud Ou.dily Assurance f l•t)Ormil Sophistica(vil Quality Assurance IMAN%KA'O" eA.-"Owi'�0«o.'—.w.. With more than 17 years of experience and a highly trained _ GIS stall: Transmap has mastered the duality assurance process. Our highly regarded quality control methodology ensures that our customers receive a qualit; product that exceeds their expectations. Transtrtap's methodology is specifically tailored to pinpoint problems unique to each aspect of the project. Transmap embraces the Esd Pur tool. This tool allows Transmap to set Lip a series of parameters in the GIS environment to enable it semi -automated quality control procedure. The program looks for any topological problems with the baseniap. Also. ►vith the customization of the 11 LT tool. Transtnap can take a percentage of assets and automatically cheek for anomalies in the metadata. 'file chart represents Transmap's robust data dependenc% and QA/QC methods for deliveries, QC far [)N -SIGHT r" H l) 1 mughtg Transmap performs daily quality control checks for all ON- SIGHTT`t HD data, Each day, the GPS data is processed. reviewed and backed -up. If the results do not meet our standards. the GPS data will be re-collectcd the I'nllci►v irtg day. On any given day. the ON-SIGHTTI't HD data is processed and basically ready for delivery. i i j In terms of Completeness C=hecks. Transnlap has created a drive coding system that allows Ior simple completeness tracking at any stage of the imaging process. ] Imaging Qualih• Control starts with the ability to view all images being collected in tate field as they are ` recorded. lfthere are quality problems with the canieras, the area can be re-imaged as soon as the prob)ent is detected. The images from the vehicle are also spot-checked in the office for consistency of exposure. TO ensure the highest image duality, we are not surveying during love light or adverse weather conditions. Unacceptable images will be re -collected. Ifpoor exposure is detected in the otTice, the image area is sen[ back to the field for re-imaging. QC for Pai•ement Dis[ress Data 'Fransinap has developed a st,widard qualit% control procedure tha[ is cusiotllixed for pavement managenteltt. # To assess the quality of pavement distress _ data. Transmap conduets a two-day field ; •� ;, - +� `,,� w�'w .� verification together with our client. DuringF rx _ this field trip, numerous pavement collection � 1 , � � i „�� �,t .� # + s►_F+1 sites 4,J are visited and verified for accuracy, .+.'#' �4 -r +s4 Traslstnap provides 11x17 walkout maps showing the various pavement condition samples_ Accompanying the maps are walkout data 1 �• . t --r , ,_ �e! * a+� sheets that describe in detail the distress type. N distress quantity, distress severity. PCI rating. y+.,,, ' 1. 1 '► tt strect name. street ID and other important Ajlr Information that 1►'ill l7N used 111 elle gnallll' �,.,,�r -- qV M control/quality assurance process. ti Prosect Schedi le 9 Transnlap will complete this project on time and within budget. We can accelerate the project completion date by work ing on an aggressive schedule. 3 Transntap can finish the project in 44 dugs 11runt notice to proceed. Since this type ot'collectinn and GIS implementation is all Transmatp does. we do not foresec any issues. other than weather, that would prevent us front meeting lite City's time schedule. a 1 ■ ..P r' .�h r . _ - •.lis s 1 a RELATED PROJECTS Degree nl' lnvolvcmeut of P(:rsonnrl Transntap was the prime consultant for all of the projects listed below. All of the irtdividuals ►►ho worked on these projects were Trausntap employees. Pavement Management Project Expericuce Listed below are some ot" 1'ransmap's most recent pa%ement ntanage.nent projects. Transmap de%eloped a fully integrated network level pavement management for these customers. including road network creation, ra%v distress collection. systcsii implementation. robust reporting; and for most customers, hands on training. If VOL] Would like to contact any of these customers. please cAl nor C tlsiumel' Support Specialist at ([i 14 ) •181-5799. Frallsin.11) Personnel Additional Transmap Team Members 1Q+ BACKGROUND AND EXPERIENCE Firm Histm-N, Since 1994Transmap has helped public works and transponation professionals turn data into knowledge. justify Steeds. and documem flundi11g leVels fOr pllbiic infrastructure. Tiansmap was funded in 1994 by Dr. Kurt Novak asin spin-off f ronl the Ohio State University Center for Mapping. Transmap's DIV -SIGHT vehicle was the fust true mohile mapping system that integrates digital camera ►vith accurate GPS and inertial navigation technology. 10 Over the past 17 years, "]'ransmap's mobile mapping system has evolved into the most efliciem data collection toot for roadway mapping. The ON -SIGHT system has been used to neap more than 100,000 miles of roadwav, inventory millions oFstreet assets, and survey pavement condition and surface cracks ail over the LISA. With our proven s}stem of data collection. legacy data integration and flexible reporting 5011.1 ions We have helped customers achieve quick returns oil their investmem (ROI) by using our reliable sol utions.1'ranstnap knows exactly which reports are required and what data arr most useful for creating those reports. Trattsmap is an innovator. We keep up with the latest mobile slapping technologies and improve our System to capture the best data for our customers. Our mobile napping vehicle had a complete overhaul in 200& We were one of the titwt companies to add ground-based I-iDAR. Most recently in 2010. Transmap added a new camera System itliproving RS pixel rCSOILtti0n to 5616. resulting in Ullrcr HD pavement images. We a]SO updated our ROW imaging system to full F1 D. With three 11D cameras, images are captured every 13' while driven is both directions to ensure complete 100% coverage of the roadways. We are always testing new technology. but Our cttstnnter's needs conte first. Our staITol'engineers. V1S pro 1essionaIs .slid 1T managers are prepared lilr ai7y chatIctlge in the puhlic ►vorks asset manaf;etrlctlt arena. Sen ice is key at 1 ranstit.tpt We atl►vxys strive fnr cTutstattding customer service and we will work hard fur your agency. List o f Sutxo1111'art+tI's N/A Misro]'AVER `i'raitting Transntap has MicroPAVER trainers certified by the American Public Works Association. We have conducted 2-3 day training classes for many clients, inducting the City of El Paso, 'IX the City ofSchertz. TX. City of 1.1uber Heights. 011 and The Village Commutut► Development Districts. FL. Resumes The following page lists the personnel who will be assigned to work on the project, including titles, education. and work experience. The following personnel have worked together on several MicroPAVDR pavement projects for Transntap. ■ 15 Years of Experience Education and Training B.S. Engineering - Environmental The Ohio State University Registrations Professional Engineer in OH (#67242), FL, & NC APWA Member NCEES Certification Model Law Engineer (MLE) 18 Years of Experience Education and Training B.A. Geography, Minor in Business, State University of New York at Albany Registrations URISA GiSP Certified - 2007 URISA Leadership Academy - 2008 5 Years of Experience Education and Training B.S., Geographic Information Science, Ohio University 26 Years of Experience Professional Expertise Advanced Software Development CAD, GIS Primary Code Development for MicroPAVER Since 1985 Database Developer for: MicroPAVER 2.x, 3.x, 4,x, 5.x, 6.x Mr. Luxhoj is the President and CEO of Transmap Corporation and provides extensive engineering and transportation experience. He works to ensure constant communications with the client, sub - consultants, project team members and regulatory agencies from project inception through completion. He has expert Knowledge of GIS products, database tools, asset/ pavement management databases and commercial asset/pavement management systems. Mr. Luxhoj has knowledge using ASTM 86433-09 pavement collection methods. He has worked with Micro PAVER for over five years and has performed field walk -outs with clients. Mr. Schorling provides Transmap Corporation with sound fundamentals in bath GIS project management and client development. He employs his extensive experience with Esri products, database tools, asset management databases, commercial asset management systems, project consulting, and system implementation and training. Ks background includes 10 years of experience in a management capacity and a combined 17 years of experience using and developing GIS tools. Mr. Schorling has knowledge using ASTM 06433-09 pavement collection methods. He has worked with MicroPAVER for over five years and has performed field walk -outs with clients. As Assistant Project Manager, Mr. Crocker has provided presentation and maps of deliverables, involved the client when elaboration was necessary, created project schedules, and used the client's project priorities as the guideline. He has also performed post -processing of asset data to ensure Quality control, appropriated staff to meet goals for timely deliveries, and continued communication with the client in order to ensure customer satisfaction. He also has experience with running the mobile mapping vehicle, asset collection software, CMMS implementation, and training, Mr. Crocker has performed field walk- outs for QA/QC purposes, conforming to ASTM X6433-09 standards. Mr. Brown has been working with Transmap for over nine years implementing raw pavernent data into MicroPAVER. He has extensive roadway and airport pavement analysis experience. He has been one of the primary code developers of MicroPAVER since version 2 in 1985 and for the last 25 years has been improving the functionality of the database behind MicroPAVER. He is also a key member of the MicroPAVER online team. REFERENCES Mr. Jay Carter City of Wilmington, North Carolina Project Manager 05 Chestnut Street, 5th floor Wilmington, North Carolina 28402 jay-carter@wihningtonnc.gov wilmingtonnc.gov 914) 341-7899 Project Description: This project included a MicroPAVER implementation for over 300 miles. ransmap conducted overall PMS and MicroPAVER training. Mr. Henry Fellers Project Description: Seabrook Island PDA, South Carolina 1202 Landfall Way This project included a MicroPAVER Johns Island, South Carolina 29455 implementation for over 80 miles. hfellers@sipoa.org $43) 725-1564 Transmap updates MicroPAVER for Seabrook Island POA. ransmap is training Seabrook Island POA on the hest PMS practices. Mr. Glenn Marzluf Project Description: City of Sarasota, Florida 1750 12th Street This project included a MicroPAVER Sarasota, F134236 implementation for over 250 miles. lean.marzluf@sarasotagov.com 941) 365-2200 ext. 6230 Transmap updates MicroPAVER for the City of Sarasota. Mr. Sam Wartinbee Project Description: illiage Community Development Districts, Florida This project included a MicroPAVER 231 Wedgewood Lane implementation for over 90 miles. The Villages, FL 32162 am.wartinbee@districtgov.org Transmap updates MicroPAVER for The 352) 7534427 Village Community Development Districts. ransmap is training The Villages on the est PMS practices. Transmap Corporation City of Milton, GA February 20, 2412 High Rate 20% of As TM Sampling 1}Project Management/Raw Data Collection _ Transmap Transmap Task Description Comments Units Price Total Project management units = Transmap ] 4 Covers kickoff meeting In Milton, support, conference calls, etc. - wrap up, website 10 $99.00 $990.00 hours) Pavement Portion project tracking (deliveries) project reports Raw roadway data and image capture. 360- UN -SIGHT'" Raw Data Collection (units = degree image view of all roadways (ROW) 1fi5 599.(10 ;16,335.00 1.2 centerline miles) Town Miles with dedicated pavement camera (1001w roadway coverage) Subtotal $17,325.00 2}Pavement Data Collection Creation Transmap Transmap Task Description Comments Units Price Total Setup of inspection areas and centerline file Pavement Network Setup - Streets (units 2.1 for load into MicroPAVER (need to clean up - $99.00 $94.00 _hours) segmentation for int -int analysts] Detailed surface distress analysis includes pavement width at sample locations and Pavement Inspection and PCF calculation, Pa Inspection 2.2 section length. Transmap will run results 2,171 $5.36 $11,679.98 Pave inspectedt through MicroPAVER to establish PCI rating, including robust A C 2.3 Pavement Manual/Baotcamp (units = Transmap will come on-site to Milton to days) review pavement practices and procedures. 2 $1,750.00 $3,500.00 Transmap will create a pavement/asset collection manual. 2,4 MicroPAVER Load Formatting distress data for MicroPAVER load 4 $125.40 $500.40 5-10 year pavement plan with candidate 2.5 Pavement reporting (units = hours) maps. Includes Ad-hoc tabular and GIS 5 $125.00 $625.00 maps Transmap will set up the City with 2 days MicroPAVER training (units = days) one on-site training of MicroPAVER. This training 2 $2,500,00 $5,000.00 2.6 day is 4 to 5 hours of training is for up to 5 people from the City and will he a b Inner MicroPAVER class on Ci data. Subtotal $2I,403.98 3}Roadway Infrastructure Transmap Transmap Task Descrl tion QDMments Units Price TOW Transmap will use our standard sign 3.1 Signs (units =Per sign) attribution - MUTCD Code, Face Direction, Post Type, Condition (Good, Fa [r, Poor), 650 $1.n5 $1,267.50 Flashers Subtotal $1,257.50 Total $39,996.48 EXHIBIT "C" INSURANCE CERTIFICATE n rcay of Milton G3 OP ID: VT '4`�m� CERTIFICATE OF LIABILITY INSURANCE DATE[M07/12YYy 0310711 Z THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pol€cy(les) must be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 419-636-5050 Andres, O'Neil &Lowe (Bryan) 41S-S3fi-0132 BOX 627 2.27 North Lynn Street Bryan, OH 43 506-2 524 Russ Davies, CPIA CNAME:ONTACT PHONE Ax AIC No £xE : A1C Ho E-MAIL ADDRESS: PRSTOC CUSTOMERID 1: TRANS•4 INSURER 5 AFFORDING COVERAGE 1 NAIL # INSURED TRANSMAIaCorporation 3366 Riverside Drive Ste 103 Upper Arlington, OH 43221 INSURER A: : Cincinnati Insurance Company 110677 INSURER B :Lloyd's 02/03/10 02/03/13 INSURER C: INSURER D : PERSONAL & ADV INJURY I S 1,000,00 INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIL? CLAI NIS. ILTR TYPE OF INSURANCE IIRR POLICY NUMBER NIWDDCY EK MMILOI p/YY= LIMITS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. GENERAL LIABILITY AUTHORIZED REPRESENTATIVE U ap J Milton, G Mil, G A 30404 EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FXI OCCUR X X ENPOOQ8067 02/03/10 02/03/13 PREMISES Ea occurrence $ 500,00 MED EXP (Anyone person) S 10,00 PERSONAL & ADV INJURY I S 1,000,00 G ENE RAL AGGREGAT E $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COM PIOP AGG $ 2,000,00 POLICY x PRO- LOC $ A AUTOMOBILE X LIABILITY ANY AUTO x x ENP0008067 02/03/10 02/03/13 COMBINED SINGLE LIMIT $ 1,000,00 accid©ntj BODILY ODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) 5 SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE [Per accident) $ S NON -OWNER AUTOS S UMBRELLA LAB X OCCUR EACH OCCURRENCE S 2,000,00 A EXCESS UAB CLAIMS -MADE ENP0008067 07J03110 02/03/13 AGGREGATE 5 2,000,00 DEDUCTIBLE I S X RETENTION S 0 S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVEYIN OFFICERIMEMBER EXCLUDED? (MandatoryInNH) K yes, describe under DESCRIPTION OF OPERATIONS be ow NIA ENP0008067 EMPLOYERS LIABILITY 02/03110 02103M3 L"JC 5TATV• OTH- T RY LIMIT El EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE S 1,000,00 E.L DISEASE - POLICY LIMIT S 1,000,00 B Professional LlabNE1238480.11 10/31/11 10/31/12 Claim 1,000,00 Aggregate 1,000,00 SCA P" N OF OPERATIONS LOCA ONS 1 V HiCLES €AtIa h ACID�t' pdd tional r hq� UI , i! mpr spa a is ro ufred dI}IQnal Insure +vl h re{{ ce a-E'Wl �ar(�� lliyvl�e.averen� Cq f0it pn 5ury y er arm G � 3n: heity of Mlltfln, G�or I�, Its atfIClal5, emp oy es, agentts a d volunteers Coverage Is primary noncontributory. Waiver of suSrogatlon Included. CERTIFICATE HOLDER rnNr.FI I ATInN CITMILI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Milton, Georgia 1300 Deerfield Parkway THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Ste1 AUTHORIZED REPRESENTATIVE U ap J Milton, G Mil, G A 30404 01988.2009 ACORD CORPORATION. All rights reserved. ACORD 25 12009109) The ACORD name and logo are registered marks of ACORD STATE OF GEORGIA CITY OF MILTON EXHIBIT "D" 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 estabiished in G.C.G. A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractors) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "E." Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractors) is retained to perform such service. EEV / Basic)Aot Program User Identification Number BY: prized Officer or Agent Date Tr ap Corporation Title of Authorih d Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF MAtRcti , 2012, &nn ,6660 Lai �nJS Notary Public My C mm'ssion Expires: 2 91J& n City of Milton Colleen Collins Notary pubic, Slate of Ohio My (,06SS& Expires 09-29-2016 64 STATE OF GEORGIA CITY OF MILTON EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verities its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, fine or corporation which is engaged in the physical performance of services under a contract with Transmap Corporation on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. EEV I a� 1s Pilot Program User Identification Number 3/q //Z-- BA/Authorized IUd Authorized Officer or Auer t l ate T—T�o'I. Subcontractor anm CFC) Title ofAuthoriz d Officer or Agent of Subcontractor ), ..A'j L lk—H- n r , PF - Printed Name of Authorized Oni&e or Agent BEFORE ME ON THIS THE DAY OF Mo�re.1,— , 2012- CUL1-EE^-; Cud-.t- Notary uLoNotary .Public My Con is s on Expires: Ifo rr. City of Milton Colleen Collins Notary Public, State of Ohio my comdwion i 09-N-2016 65 STATE OF GEORGIA CITY OF MILTON EXHIBIT "F" SAVE AFFIDAVIT By executing this affidavit under oath. and as an applicant for a public benefit, as referenced in G.C.G.A. § 50-36- 1, from the City of Millon, the undersigned applicant verifies one of the foliowing with respect to my application for a public benefit: I ) z 1 am a United States citizen. 2) l ani a legal permanent resident of the United States. 3) 1 ant a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien dumber issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or ether federal inimigration agency is: The undersigned applicant also hereby verifies that lie or site is 18 years of age or older and has provided at least one secure acid verifiable document, as required by G.C.G.A. § 50-3b- l (e)( I ), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: In making the Above representation under oath, 1 understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in eigcity), IL tate). VSignaturmeApplicant pprr SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY DF rL�% 20 r- 0,066 �N NOTARY PUBLIC My Commission Expires: ( rti�' �� Cily of Millan Printed Name of Applicant Colleen Collins Watt' Public, State Of l]16 My Comrrjs$w Expires 66 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: March 30, 2012 Council Meeting Date: April 9, 2012 Agenda Item: Approval of a Construction Services Agreement between the City of Milton and The Winter Construction Company to Provide Preconstruction Services for the Milton Public Safety Facility Discussion: This project is to provide preconstruction services as they relate to the development of the Public Safety Facility plans. This service is a precursor t to the overall CM@Risk contract. Breaking out the preconstruction services allows us to begin work on the cost estimation and completion of schematic designs while negotiation on the contract for the remainder of the CM@Risk services is completed. During the preconstruction phase the construction manager will provide the following services leading up to the establishment of the Guaranteed Maximum Price for the development of the facility: a. Regularly attend project planning and coordination meetings with the City and Contractor, as required. b. Develop a provisional critical-path method (CPM) schedule. c. Develop requirements for safety, quality assurance, and schedule adherence. d. Perform constructability and maintainability reviews at each major design phase submission of the documents. e. Provide detailed construction cost estimates to achieve City’s budget. f. Develop a construction budget to be maintained throughout construction. g. Identify possible value engineering and architecting (life cycle costs) options. h. Provide alternate systems evaluation and constructability studies. i. Maintain and update the Project Schedule. j. Evaluate options for cost implications. k. Assist in permitting processes. l. Develop a Guaranteed Maximum Price (GMP) for construction of the Facility. m. Actively participate in the sustainability evaluation process. City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 Staff is recommending approval of the lump sum contract with The Winter Construction Company in the amount of $24,500. Legal Review: Paul Higbee – Jarrard & Davis – 3/13/2012 Financial: Funding for this project will be provided from the Capital Building Fund. Attachments: 1. Construction Services Agreement r(1,1ty of Milton I(A5 CONSTRUCTION SERVICES AGREEMENT PRECONSTRUCTION SERVICES This Agreement made and entered into this day of 'in the year 2012, 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 The Winter Construction Company ("Contractor") having its principle place of business at 191 Peachtree Street, NE, Atlanta, Georgia 30303. WHEREAS, the City is planning the construction of a new Public Safety Facility to be located at13690 State Highway 9, Milton, Georgia 30004 (the "Facility"); and WHEREAS, as Contractor will ultimately serve as the construction manager for the construction of the Facility; and WHEREAS, prior to the City and Contractor entering into a construction management services agreement ("MANAGEMENT AGREEMENT") pursuant to City of Milton Request for Proposal 12-RFP03, the City desires for Contractor to provide certain preconstruction services regarding the construction of the Facility; 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: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A CONTRACTOR AFFIDAVIT; EXHIBIT B SUBCONTRACTOR AFFIDAVIT; EXHIBIT C PRECONSTRUCTION PHASE SERVICES; EXHIBIT D SAVE AFFIDAVIT. City of Milton 2.0 Scope of Work; Compensation The Contractor agrees to provide all Services specified in Exhibit C. 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 Contractor for the services perforined and costs incurred by Contractor upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a Lump sum fee of $24,500 (the "Contract Price") without prior written approval from the City. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. 3.0 Independent Contractor 3.1. The Contractor is an independent contractor. The Contractor is not an employee, agent or representative of the City of Milton. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, license or approvals that may be necessary for the performance of the services. 3.2 Inasmuch as the City of Milton and the Contractor are entities independent of one another, neither has the authority to hind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and 2 n ` 1 City of Milton 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 sub -contractor, anyone directly or indirectly employed by the Contractor or sub -contractor or anyone for whose acts the Contractor or sub -contractor may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any sub -contractor, anyone directly or indirectly employed by the Contractor or sub -contractor or anyone for whose acts the Contractor or sub- contractor 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 sub -contractor 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 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 sub -contractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (Z) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. Aj Gity of Milton (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. 4 City of Milton (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` Compensadon Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANII. (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) Sub -contractors: Contractor shall include all sub -contractors as insured under its policies or shall furnish separate certificates and endorsements for each sub -contractor. All coverage for sub -contractors shall be subject to all of the requirements stated in 5 41 i City of Milton '%_11 this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Pa The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 6.0 Term; Incorporation into Subsequent Construction Management Agreement The term of this Agreement shall run from the date above and shall terminate upon the parties entering into and executing a MANAGEMENT AGREEMENT, provided that the parties agree that this Agreement shall be expressly incorporated into such MANAGEMENT AGREEMENT. In no event shall the term of this Agreement extend beyond December 31, 2012, except to the extent that this Agreement may be incorporated into the MANAGEMENT AGREEMENT and in compliance with G.C.G.A. § 36-64-13. 7.0 Compliance with All Laws and Licenses The Contractor must obtain all necessary licenses and comply with local, state and federal requirements. The Contractor shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 8.0 Assignment The Contractor shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 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 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. 6 n �� *City of Milton 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 constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 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 carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONTRACTOR shall be sent to: Richard Collins The Winter Construction Company 7 City of Milton 191 Peachtree Street, NE Atlanta, Georgia 30303 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 18.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of City 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 "A" and "B" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -- Verify program, of all employees who will perforin work on the City contract to ensure that no unauthorized aliens will be employed. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "A", and submitted such affidavit to City. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit `B", and such subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, Contractor agrees to provide completed copies of Exhibit "B" to the City within five (5) business days of receipt from any subcontractor. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. 8 city of Milton 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 their 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 report same to the Department of Homeland Security. The Contractor's failure to 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. Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1- .02. 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 hereto as Exhibit "A" and incorporated herein by this reference. Contractor agrees that the employee -number category designated below is applicable to the Contractor. 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event 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. The above requirements shall be in addition to the requirements of State and federal lawn, and shall be construed to be in conformity with those laws. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor's legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit "D", and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic 9 City of Milton Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). IN WITNESS WHEREOF, the parties hereto have caused this Agreement to he duly executed by their duly authorized officers as of the day and year set forth next to each signature. THE WINTFR-CON ' ' CTION COMPANY: Signature: Print Name: t Title: Executive Vice President [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence o , ���!��8 pV�y���i ■ ltil s .� f w AR1► L 3 4 1(r ss w Nato ublic O Aftev -b �0 [NOTARY SEAL]►0� y� CO My Commission Expires: 2 [5 CITY OF MILTON.- in ILTON: in Its: n 0ty of i iften [CITY SEAL] 10 EXHIBIT "A" 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. § 13-1091, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13--10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form provided by the city. 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 perfornn such service. IZ-4Iq(P EEV 1 Basi rogram User Identification Number BY: Authorized Officer or Agent Date Winter Construction Company ��F Title of Authorized Officer or Agent of Contractor gm �Isf�Lb Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE i�hi_ DAY OF , 2012. Notary Public �� ZU My Commission Expires: r . �;City of Milton '',��I11s5tIrtII:I a COT`,, y' EXPIRES = = OR ;L = AIJG. 3'i. 2014 As Gt Vilflllink" STATE OF GEORGIA CITY OF MILTON EXHIBIT "B" 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 perfonnance of services under a contract with The Winter Construction Company on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. EEV 1 Basic Pilot Program User Identification BY: Authorized Officer or Agent Date [Insert Subcontractor Name] Title of Authorized Officer or gent of Subcontractor Printed Name of Authori d Officer or Agent SUBSCRIBED ANDPORN BEFORE ME ON THIS THE DAY OF , 201_ Notary Public My Commission Expires: 12 City of Milton EXHIBIT "C" PARTIAL INITIAL PRECONSTRUCTION PHASE SERVICES Section 1. General The Services to be provided during the Preconstruction Phase include the preparation of cost estimates (as further described below) for preconstruction services, general conditions, and construction services, and cost evaluation, value engineering recommendations, design analysis, constructability and maintainability reviews, and technical input on methods of construction, materials, details, and bidding formats and types of separate bidding packages for the construction of the Facility, as well as the following items: a. Regularly attend project planning and coordination meetings with the City and Contractor, as required. b. Develop a provisional critical -path method (CPM) schedule. c. Develop requirements for safety, quality assurance, and schedule adherence. d. Perform constructability and maintainability reviews at each major design phase submission of the documents. e. Provide detailed construction cost estimates to achieve City's budget. f. Develop a construction budget to be maintained throughout construction. g. Identify possible value engineering and architecting (life cycle costs) options. h. Provide alternate systems evaluation and constructability studies. i. Maintain and update the Project Schedule. j. Evaluate options for cost implications. k. Assist in permitting processes. 1. Develop a Guaranteed Maximum Price (GMP) for construction of the Facility. m. Actively participate in the sustainability evaluation process. Cast Estimates and Constructability Reviews. When the City has sufficiently identified the Project requirements and criteria, and the Project Design Professional has prepared other basic design criteria, CONTRACTOR shall prepare for the review by the Project Design Professional and approval of City preliminary construction cost estimates utilizing the unit quantity survey method. During the preparation of the design, the CONTRACTOR shall update and refine this estimate at appropriate intervals agreed to by the City, Design Professional, and CONTRACTOR. Construction Cost Estimates. Prepare Construction Cost Estimates setting forth in detail CONTRACTOR's estimate of construction costs, 13 City of Milton including all Actual Costs and CONTRACTOR Contingency and Fees, at each stage of the design and for the construction of the Project and each Component thereof. Such estimates shall include the cost of safety factors. Such Construction Cost Estimates shall be prepared and updated continually as construction documents are developed. Additionally, Contractor may provide the following services, as directed by the City and in confonnance with City of Milton Request for Proposal 12-RFP03 and Contractor's response to same. Section 2. Construction Preparation Period. 2.1. Requirement for Project Planning. No physical work will begin on the Facility until the City has received and accepted a GMP proposal from the Contractor, a MANAGEMENT AGREEMENT has been executed, and the City has issued a Notice to Proceed to the Contractor. 2.3 Quality Control Program. 2.3.1 Responsibility for Quality of Materials and Installation, CONTRACTOR acknowledges that it has full, total, and complete responsibility for providing materials, labor, and all other items necessary for providing the level of quality specified in the Contract Documents. CONTRACTOR agrees that this responsibility is indivisible, non -delegable, non -transferable, and not diminished by any inspections provided by the Design Professional or his consulting engineers, nor by any inspections provided by the City. In recognition of this, CONTRACTOR will prepare for submission and review by the Design Professional, a written program describing the efforts that will be taken to insure the proper quality level is achieved. The program shall be submitted prior to the issuance of a Proceed Order. 2.5 CONTRACTOR Design Coordination Activities. 2.5.1 Local Conditions. The CONTRACTOR shall visit the Facility site(s), become familiar with the local conditions, and correlate observable conditions with the requirements of the Contract Documents. 2.5.2 Design Coordination Meetings and Review. Utilizing its own review and matters discussed at Design Coordination Meetings, CONTRACTOR shall continuously review the construction documents in accordance with the schedule as they are being prepared and are made available by the Design Professional until the GMP proposal is approved. The principle objectives of the construction document 14 City at Milton review process are the recommending of alternative solutions whenever such matters affect cost, construction feasibility or schedule without the CONTRACTOR assuming any of the Design Professional's responsibilities for design. The CONTRACTOR should consider life- cycle costs, value engineering analyses and other studies to recommend changes or modifications thereof that will reduce the cost of the Project without reducing quality, or will expedite its completion, or that, in the judgment of the CONTRACTOR, may otherwise be in the best interest of the City. As the Construction Documents progress to completion, the CONTRACTOR is the principle Project Team member positioned to identify conflicts, omissions, or constructability issues in the documents. 2.5.5 Review and Recommendations. - The CONTRACTOR shall familiarize himself thoroughly with the evolving architectural, civil, mechanical, plumbing, electrical, and structural plans and specifications and shall follow the development of design from Preliminaries through Working Drawings. He shall make recommendations with respect to the selection of systems and materials, and cost reducing alternatives including assistance to the Design Professional, and City in evaluating alternative comparisons versus long term cost effects. The evaluation shall speak to the benefits of the speed of erection and early completion of the project. He shall furnish pertinent information as to the availability of materials and labor that will be required. He shall submit to the City and Design Professional such comments as may be appropriate concerning construction feasibility and practicality. He shall call City's Representative and the Design Professional's attention to any apparent defects in the design, drawings and specifications or other documents. 2.5.6 Sustainable Construction Practices, The CONTRACTOR shall review the contract documents and snake recommendations to the City and the Design Professional regarding systems and design materials that are consistent with industry standard sustainable building practices. Those recommendations will include, but may not be limited to, a benefit cost analysis to assist the City and Design Professional in the selection of systems and design materials that may add value to the project. 15 City of Milton EXHIBIT "D" SAVE AFFIDAVIT By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) I airs a United States citizen. 2) I am a legal permanent resident of the United States. 3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal ii-runi-ration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and tvyerifiable document provided with this affidavit can best be classified as: +lf' vee,r LidfNSE In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in A71y 4•--r4 SUBSCRIBED AND SWORN BEFORE ME ON T141THE L DAY OF 1 I A 6UOk , 20 �- I'ARY PUBLIC Commission Ex City of Milton -15 (city), tate). rgnature of Applicant j?4,0 '0• Giwk E , ep Printed Name of Applicant 16 PROPOSAL TO: The Georgia Council on Developmental Disabilities FROM: The City of Milton FEI/SSN #: 51-0608862 PROPOSAL SUMMARY: As a part of the Real Communities Initiative, the GCDD will provide funding up to $4999.00 as well as training and technical assistance to support the continuation of the Better Together Mini- Grant program. The City of Milton is expected to provide match dollars in the amount of 25% of the Council’s investment as a way of showing local investment in the program. These Mini-Grants are intended to support projects and activities that engage residents to improve their communities and bring community members together. This program is overseen by a Community Builder (Amanda Quintana) who has convened a committee to set guidelines, award grants, take part in outreach to the larger community and document grant implementation. SERVICES TO BE PROVIDED: The City of Milton will provide administrative oversight for the Better Together – Real Communities Milton Mini-Grant Program, START AND COMPLETION DATES OF SERVICES: February 15, 2012 – February 14, 2013 AMOUNT: Council Dollars: $4999.00 Match: $1249.75 Total: $6248.75 BUDGET NARRATIVE: $4999 to cover the costs of mini-grants awarded at a cost of no more than $500 per grant. Funds may only be used to supplies and implementation of mini-grant projects and most fall in line with the criteria set by the Better Together Mini-Grant Committee. I will not provide direct care/custody or treatment of clients, and services rendered will not be over $4,999.00 for the fiscal year. Signed/Dated_____________________________________________________ Milton High School Boys’ Basketball Day 2012 WHEREAS, basketball, the truly American game invented in Springfield, Mass., in 1892, is a sport that requires skillful hand -eye coordination, mental awareness, agility, grace and teamwork, and; WHEREAS, the Milton High School boys’ basketball team has a tradition of excellence and accomplishment in athletic and academic competition reflecting the highest ideals of hard work, training and sportsmanship, and; WHEREAS, the Milton High School boys’ basketball program had been active in the school for decades without a state championship, and; WHEREAS, between 2008 and 2012, the Eagles have played in the state championships ever y year, leading to two separate titles, in 2010, and the most recent won March 10, 2012 against Savannah by a score of 79 to 67, and; WHEREAS, in the title game, Shaquille Johnson had 23 points, Tevin Glass had 17 points and 10 rebounds, and Jalyn Patterson and Evan Nolte had 16 points each, and; WHEREAS, Evan Nolte started in four consecutive state championship games, the result of having a hand in winning 110 games in four years on the Milton Eagles basketball team, and; WHEREAS, this season the Eagles went 28 and 4, giving four-year coach David Boyd career win number 601 in the state title game, and; WHEREAS, the players on the Milton High School boys’ basketball team are champions not only on the court, but in the classroom, in the community and in life and we are proud this great team is located in Milton, Georgia. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby dedicate Monday, April 9, 2012 as MILTON HIGH SCHOOL BOYS’ BASKETBALL DAY in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 9th Day of April, 2012. _______________________ Joe Lockwood, Mayor (SEAL) Prepared by the Community Development Department for the Mayor and City Council Meeting on April 9, 2012 (First Presentation) 4/2/2012 Page 1 of 20 RZ12-04/VC12-01 R/P RZ03-081 TIDE DRY CLEANERS RZ12-04/VC12-01 PROPERTY INFORMATION ADDRESS 12990 Hwy 9 (Outparcel 3) (22 52701047-276-5) DISTRICT, LAND LOT 2/2 1042 and 1047 OVERLAY DISTRICT State Route 9 EXISTING ZONING MIX (Mixed Use) - RZ03-081 PROPOSED ZONING C-1 (Community Business) ACRES .609 EXISTING USE Undeveloped PROPOSED USE dry cleaner PETITIONER Agile Pursuits Franchising, Inc, Justin Lurk ADDRESS 721 Emerson, Suite 300 St. Louis, MO 63141 OWNER Webb Road Promenade, LLC 3328 Peachtree Road, Suite 300 Atlanta, GA 30326 REPRESENTATIVE Alex Munoz 452 E. Paces Ferry Road Atlanta, GA 30305 INTENT To rezone from MIX (Mixed Use) to C-1 (Community Business) to develop a 3,321 square foot dry cleaner and to request a concurrent variance to reduce the 20 foot landscape strip to 10 feet along Hwy 9 (Sec 64-1090(a)). Prepared by the Community Development Department for the Mayor and City Council Meeting on April 9, 2012 (First Presentation) 4/2/2012 Page 2 of 20 RZ12-04/VC12-01 R/P RZ03-081 COMMUNITY DEVELOPMENT RECOMMENDATION – MARCH 27, 2012 RZ12-04 – APPROVAL CONDITIONAL VC12-01 - WITHDRAWAL PLANNING COMMISSION RECOMMENDATION – MARCH 27, 2012 RZ12-04 – APPROVAL CONDITIONAL – 7-0 Subject to the applicant submitting their disclosure report. VC12-01 – WITHDRAWAL – 7-0 The Planning Commission encouraged the applicant to change the location of the building closer to the street and move the parking to the rear consistent with the future Hwy 9/GA 400 LCI recommendations. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 9, 2012 (First Presentation) 4/2/2012 Page 3 of 20 RZ12-04/VC12-01 R/P RZ03-081 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 9, 2012 (First Presentation) 4/2/2012 Page 4 of 20 RZ12-04/VC12-01 R/P RZ03-081 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 9, 2012 (First Presentation) 4/2/2012 Page 5 of 20 RZ12-04/VC12-01 R/P RZ03-081 2030 COMPREHENSIVE FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 9, 2012 (First Presentation) 4/2/2012 Page 6 of 20 RZ12-04/VC12-01 R/P RZ03-081 SITE PLAN SUBMITTED ON FEBRUARY 7, 2012 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 9, 2012 (First Presentation) 4/2/2012 Page 7 of 20 RZ12-04/VC12-01 R/P RZ03-081 Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area East 1 RZ03-185 RZ07-007 C-1 (Community Business) Deerfield Place S/C 9,552.93 sq.ft./acre (total 299,293 sq.ft.) 8,805.43 sq.ft./acre (total 141,511 sq.ft.) Southeast 2 RZ74-48 U98-39 C-1 (Community Business) and Use Permit for Day Care Bright Horizons at Deerfield 6,514 sq.ft./acre (total 12,500 sq.ft.) Max 72 students Further Southeast 3 RZ10-05 U10-01 C-1(Community Business) and Use Permit for Assisted Living Undeveloped 4,972.8 sq.ft./acre (total 72,000 sq.ft) 72 beds Further Southeast 4 RZ73-01 C-1 (Community Business) Fry’s and Wal-Mart S/C None Stated Further South 5 Various C-1, C-2, O-I, AG-1 Various commercial, retail service and office uses and scattered single family Various Further West 6 RZ03-081 MIX (Mixed Use) Undeveloped offices 1,662.79 sq.ft./acre (total 50,000 sq.ft.) Northwest 7 RZ00-151 MIX (Mixed Use) Park at Windward Village Townhomes 2.10 units/acre 182 units West 8 RZ03-081 MIX (Mixed Use) The Shops at Windward Village 2,228.14 sq.ft./acre (total 67,000 sq.ft.) Prepared by the Community Development Department for the Mayor and City Council Meeting on April 9, 2012 (First Presentation) 4/2/2012 Page 8 of 20 RZ12-04/VC12-01 R/P RZ03-081 EXISTING USES LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 9, 2012 (First Presentation) 4/2/2012 Page 9 of 20 RZ12-04/VC12-01 R/P RZ03-081 Subject site looking west Looking north from the site Prepared by the Community Development Department for the Mayor and City Council Meeting on April 9, 2012 (First Presentation) 4/2/2012 Page 10 of 20 RZ12-04/VC12-01 R/P RZ03-081 Looking east from the site Prepared by the Community Development Department for the Mayor and City Council Meeting on April 9, 2012 (First Presentation) 4/2/2012 Page 11 of 20 RZ12-04/VC12-01 R/P RZ03-081 SUBJECT SITE: The site is an out parcel within the Shops at Windward Village located on the west side of State Route 9, north of Webb Road. It is currently undeveloped with the exception of underground utilities and the frontage along SR 9 and contains .609 acre. Staff notes the landscape strip was constructed along SR 9 at the time the overall shopping center was developed. It is currently zoned MIX (Mixed Use) pursuant to RZ03-081 as a portion of a larger master planned development. The site is located within the Mixed Use/Living Working designation on the City’s 2030 Comprehensive Future Land Use Map. BACKGROUND: The applicant submitted land disturbance and building plans for the subject site which were reviewed by the Community Development staff. After further evaluation of the building plans, it was determined that the proposed dry cleaner would conduct cleansing of fabrics on site. Under the MIX (Mixed Use) zoning designation, only pick up and drop off dry cleaners which are considered service retail or service commercial use would be permitted. Therefore, Staff required the applicant to seek a rezoning to C-1 (Community Business) which permits a laundry and dry cleaning shop that “means a commercial establishment whose business is the cleansing of fabrics with non - aqueous organic solvents and may include laundering off-site” and is consistent with the proposed type of processes that will occur within the proposed structure. Staff notes that prior to the approval of the MIX (Mixed Use) designation for the subject parcel and surrounding areas for a mixed use development, the property was zoned from MIX to MIX pursuant to RZ00-151/VC00-304; AG-1 (Agricultural), C-1 (Community Business), and O-I (Office-Institutional) to MIX (Mixed Use) pursuant to RZ99-087/VC99-144. Also, there were various concurrent variances that were approved by the Fulton County Board of Commissioners that pertained to the subject site. These concurrent variances are vested with the property and the applicable concurrent variances are discussed below. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on February 7, 2012, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-776 for C-1 (Community Business) except where indicated Prepared by the Community Development Department for the Mayor and City Council Meeting on April 9, 2012 (First Presentation) 4/2/2012 Page 12 of 20 RZ12-04/VC12-01 R/P RZ03-081 Front yard – Maximum setback for buildings less than 50,000 square feet shall be 100 feet measured from the right-of-way along State Route 9 (SR 9 Overlay District) - Consistent Side yards adjacent to MIX (Mixed Use) (north and south property lines) – None See Landscape Buffer Requirements for SR 9 Overlay District - Sec. 64-1090 Rear yard adjacent to MIX (Mixed Use) - west property line – None See Landscape Buffer Requirements for SR 9 Overlay District - Sec. 64-1090 Minimum lot frontage – 35 feet - Consistent Height - There shall be a maximum height limit of two stories with the maximum height 30 feet from average finished grade to the bottom of the roof eave. (SR 9 Overlay District) – Consistent SR 9 Overlay District Requirements Landscaping- Sec. 64-1090 Front adjacent to State Route 9 – 10 feet based on conditions of zoning pursuant to RZ03-081. VC12-01 – To reduce the landscape strip from 20 feet to 10 feet along State Route 9 (Sec 64-1090(a)) Since the time of the submitted application, further research was done regarding the existing 10 foot landscape strip along SR 9. Based on a condition of zoning pursuant to RZ03-081, which requires a minimum of 10 feet for a landscape strip interior to the reservation line (55 feet from centerline of SR 9) but any amount of landscaping outside the reservation line is not required. At the time of the land disturbance permit for the subject development, the Public Works Department required that the 55 feet from the centerline to the subject development be dedicated which is also the reservation line. That width comprised a through lane, right turn lane and a bicycle lane. Based on these facts, a need for a concurrent variance to reduce the 20 foot landscape strip is no longer needed. Therefore, Staff recommends WITHDRAWAL of VC12-01. Side and rear yards – none At the time of the rezoning of the subject site in 1999, a concurrent variance was granted to delete all interior landscape strips pursuant to VC99-144. This condition will be reflected in the Recommended Conditions. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 9, 2012 (First Presentation) 4/2/2012 Page 13 of 20 RZ12-04/VC12-01 R/P RZ03-081 Fencing – Sec 64-1092(i and j) The State Route 9 Overlay District requires fencing along streets that shall be primarily dark stained wood and are in keeping with the equestrian and rural character of Milton. They shall not exceed 55 inches in height measured from finished grade and; shall also include a minimum three foot wide landscape strip on the exterior of the fencing. Although the site plan does not include the fence, it appears that it can be constructed on the site. Staff suggests that it be consistent with the existing fencing on the east side of SR 9 in the Deerfield Place Shopping Center. OTHER SITE PLAN CONSIDERATIONS Parking Requirements The site plan submitted indicates a total of 17 parking spaces. The proposed building is 3,321square feet in size. Pursuant to Sec. 64-1410, Calculations, 5 spaces per 1,000 square feet are required for a dry cleaner. Based on this calculation, a total of 16 spaces are required. The site plan is in compliance with the required parking spaces. Pursuant to Z03-081, a condition was included to allow shared parking according to Sec. 64-1411. Although, the subject site meets the required parking requirements, the overall site utilizes shared parking between uses. Therefore, this condition will be included in the Recommended Conditions. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Section 64.2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The proposed site does not contain wetlands, floodplains, streams steep slopes, historical sites or sensitive plant and animal species. ARBORIST COMMENTS Staff notes that based on a condition pursuant to VC99-144, tree density will be provided for the entire site, not by individual parcels. This will be reflected in the Recommended Conditions. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 9, 2012 (First Presentation) 4/2/2012 Page 14 of 20 RZ12-04/VC12-01 R/P RZ03-081 CITY OF MILTON FIRE MARSHAL There is no outstanding fire code issues associated with the proposed rezoning as they are now presented. DESIGN REVIEW BOARD MEETING COURTESY REVIEW – March 6, 2012 There was no comment regarding the proposed rezoning request. PUBLIC INVOLVEMENT On February 28, 2012 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There was one member of the community in attendance representing the Park at Deerfield Townhomes. She was concerned about the proposed dry cleaner’s effect on the environment. In addition, it was her opinion that there were too many dry cleaners in the area. The applicant explained the type of cleansing processes that do not use the traditional “Perc” or Perchloroethylene but uses an environmentally friendly process to dry clean the fabrics. Public Comments – Staff has not received any correspondence regarding this development. PUBLIC PARTICIPATION REPORT The applicant conducted the required Public Participation Meeting on Saturday, March 10, 2012 at the Kroger Store on SR9 and Windward Parkway. There was only one person in attendance to learn more about the project after which he did not have any issues or objections. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 9, 2012 (First Presentation) 4/2/2012 Page 15 of 20 RZ12-04/VC12-01 R/P RZ03-081 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 3,321 square foot dry cleaner is suitable based on the adjacent and nearby development of general service retail and restaurants to the west, south and east of the subject site. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal should not adversely affect existing use or usability of the adjacent properties based on the applicant’s proposed use for a dry cleaner. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use as currently zoned MIX (Mixed Use) developed with uses allowed within the MIX (Mixed Use) district. 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Based on the proposed use for a dry cleaner, Staff does not anticipate a significant impact on existing streets, transportation facilities, utilities, or schools as proposed. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? 2030 Comprehensive Land Use Plan Map: Mixed Use/Living Working Proposed use/density: Dry Cleaner / 5,453.2 square feet per acre The Comprehensive Land Use Plan Map suggests Mixed Use/Living Working for the subject site and for properties north of Webb Road, Retail Service in the southeast quadrant of Webb Road and SR 9, Office on the south side of Webb Road with the exception of the southwest corner of Webb Road and SR 9. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 9, 2012 (First Presentation) 4/2/2012 Page 16 of 20 RZ12-04/VC12-01 R/P RZ03-081 The Milton City Council adopted the City’s 2030 Comprehensive Plan on June 6, 2011. The request from MIX to C-1 is compatible with the suggested Mixed Use/Living Working designation as outlined in the compatibility chart within the 2030 Comprehensive Land Use Plan. The proposed development is consistent with the following Plan Policy developed with the recommended conditions: We will encourage mixed use developments, where appropriate, that are human scale, less auto oriented and include neighborhoods that are walkable, bicycle and wheelchair friendly. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed use of a dry cleaner that cleanses fabrics on-site is not a permitted use within the MIX (Mixed Use) zoning district, The C-1 (Community Business) district does allow this use. The proposed C-1 (Community Business) district is consistent with the 2030 Future Land Use Plan designation for Mixed Use/Living Working suggested zoning districts. In addition, there are other retail and service type businesses in the same development, to the east and southeast of the development. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed dry cleaner should not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations and the type of dry cleaning processes proposed by the applicant. CONCLUSION The proposed rezoning to C-1 (Community Business) is consistent with adjacent and nearby zonings and uses. In addition, it is consistent with the 2030 Future Land Use Plan which recommends a designation of Mixed Use/Living Working. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ12-04 to rezone from MIX (Mixed Use) to C-1 (Community Business). It is also Staff’s opinion that Prepared by the Community Development Department for the Mayor and City Council Meeting on April 9, 2012 (First Presentation) 4/2/2012 Page 17 of 20 RZ12-04/VC12-01 R/P RZ03-081 VC12-01 be WITHDRAWN for the reduction of the 20 foot landscape strip along SR 9 based on the zoning conditions for dedications and improvements. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 9, 2012 (First Presentation) 4/2/2012 Page 18 of 20 RZ12-04/VC12-01 R/P RZ03-081 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be C-1 (Community Business) 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) Retail, service commercial and/or office and accessory uses, including all exterior food and beverage service areas, at a maximum density of 5,453.2 gross square feet per acre zoned or a total of 3,321 square feet excluding fast food restaurants and drive throughs, gas stations and associated gas pumps, commercial amusements (cinemas are allowed), liquor sales and package stores(upscale wine stores are allowed), (restaurants may sell liquor by the drink), motels, hotels, adult oriented entertainment businesses including adult bookstores, adult entertainment or adult entertainment establishments as defined in Article IX, Division 4, check cashing stores, pawn shops, coin operated laundries, video arcades (video machines that are incidental to otherwise permitted businesses are allowed), pool halls, stand alone massage parlors, stand alone nail salons, stand alone beauty salons, stand alone barber shops (clinical/therapeutic spas are allowed and may include less than 400 square feet of beauty/barber shops and less than 400 square feet of nail salon), flea markets, second hand surplus retail shops, roadside vending, roadside produce stands or seasonal vending, billboards, convenient stores and fortune tellers. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on February 7, 2012. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the Certificate of Occupancy. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 9, 2012 (First Presentation) 4/2/2012 Page 19 of 20 RZ12-04/VC12-01 R/P RZ03-081 3) To the owner’s agreement to the following site development considerations: a) Provide tree density for the entire MIX (Mixed Use) development, not by individual parcels. (VC99-144) b) Allow shared parking according to Sec. 64-1411. (RZ03-081) c) No interior landscape strips are required. (VC99-144) 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Reserve for the City of Milton along the necessary property frontage of the following roadway, prior to the approval of a Land Disturbance permit. All building setback lines shall be measured from the dedication but at no time shall a building be allowed inside the area of reservation. All required landscape strips and buffers shall straddle the reservation line so that the reservation line bisects the required landscape strip or buffer. At a minimum, 10 feet of the required landscape strip or buffer shall be located outside the area of reservation. All required tree plantings per Sec. 64- 1090(a) shall be placed within the portion of the landscape strip or buffer that lies outside the area of reservation: 55 feet from centerline of Cumming Hwy (SR 9) or as may be required by the Georgia Department of Transportation. b) Dedicate at no cost to the City of Milton along the entire property frontage, prior to the approval of a Land Disturbance permit, sufficient land as necessary to provide the following right-of-way as may be required to provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, as well as allow the necessary construction easements while the right-of-way is being improved: 30 feet from centerline of Cumming Highway (SR 9) or as may be required by the Georgia Department of Transportation. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 9, 2012 (First Presentation) 4/2/2012 Page 20 of 20 RZ12-04/VC12-01 R/P RZ03-081 c) Access to the site shall be subject to the approval of Milton Public Works, prior to the issuance of a Certificate of Occupancy. Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. ORDINANCE NO._______ PETITION NO. RZ12-04 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM MIX (MIXED USE) TO C-1 (COMMUNITY BUSINESS) FOR 3,321 SQUARE FEET OF RETAIL SERVICE COMMERCIAL ON HIGHWAY 9 HAVING A FRONTAGE OF 119.22 FEET (22 52701047-276-5) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on April 23rd at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located on Highway 9 with frontage of 119.22 feet (Parcel 22 52701047-276-5), consisting of a total of approximately .609 acre as described in the attached legal description, be rezoned to the C-1 (Community Business) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 1042 and 1047 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the C-1 (Community Business) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 18 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 23rd day of April, 2012. _________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS RZ12-04 If this petition is approved by the Mayor and City Council, it should be C-1 (Community Business) 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) Retail, service commercial and/or office and accessory uses, including all exterior food and beverage service areas, at a maximum density of 5,453.2 gross square feet per acre zoned or a total of 3,321 square feet excluding fast food restaurants and drive throughs, gas stations and associated gas pumps, commercial amusements (cinemas are allowed), liquor sales and package stores(upscale wine stores are allowed), (restaurants may sell liquor by the drink), motels, hotels, adult oriented entertainment businesses including adult bookstores, adult entertainment or adult entertainment establishm ents as defined in Article IX, Division 4, check cashing stores, pawn shops, coin operated laundries, video arcades (video machines that are incidental to otherwise permitted businesses are allowed), pool halls, stand alone massage parlors, stand alone nail salons, stand alone beauty salons, stand alone barber shops (clinical/therapeutic spas are allowed and may include less than 400 square feet of beauty/barber shops and less than 400 square feet of nail salon), flea markets, second hand surplus retail shops, roadside vending, roadside produce stands or seasonal vending, billboards, convenient stores and fortune tellers. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on February 7, 2012. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Provide tree density for the entire MIX (Mixed Use) development, not by individual parcels. (VC99-144) b) Allow shared parking according to Sec. 64-1411. (RZ03-081) c) No interior landscape strips are required. (VC99-144) 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Reserve for the City of Milton along the necessary property frontage of the following roadway, prior to the approval of a Land Disturbance permit. All building setback lines shall be measured from the dedication but at no time shall a building be allowed inside the area of reservation. All required landscape strips and buffers shall straddle the reservation line so that the reservation line bisects the required landscape strip or buffer. At a minimum, 10 feet of the required landscape strip or buffer shall be located outside the area of reservation. All required tree plantings per Sec. 64- 1090(a) shall be placed within the portion of the landscape strip or buffer that lies outside the area of reservation: 55 feet from centerline of Highway 9 (SR 9) or as may be required by the Georgia Department of Transportation. b) Dedicate at no cost to the City of Milton along the entire property frontage, prior to the approval of a Land Disturbance permit, sufficient land as necessary to provide the following right-of-way as may be required to provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, as well as allow the necessary construction easements while the right-of-way is being improved: 30 feet from centerline of Highway 9 (SR 9) or as may be required by the Georgia Department of Transportation. c) Access to the site shall be subject to the approval of Milton Public Works, prior to the issuance of a Certificate of Occupancy. Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. SITE PLAN SUBMITTED ON FEBRUARY 7, 2012 City of Milton 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Date: March 1, 2012 Agenda Item: RZ12-02 - To adopt the corrected City of Milton Zoning Map as indicated on the Geographical Information System (GIS) including all zoning actions prior to January 1, 2012 as shown on “Current Zoning Map Dated January 2012” for the April 9, 2012 First Presentation and the April 23, 2012 Final Presentation. CMO (City Manager’s Office) Recommendation: To approve the corrected City of Milton Zoning Map which includes all zoning actions prior to January 1, 2012. Background: It is prudent and necessary to adopt zoning maps by reference. In addition, to effectively adopt the Zoning Map by reference the document must be sufficiently identified, be made a public record, be accessible to members of the public affected by it, and the adopting ordinance must give notice of accessibility. Discussion: It is the Community Development Department’s responsibility to maintain both the zoning ordinance and zoning maps (Sec 64-392 of the Zoning Ordinance) for the City of Milton. In addition, at the beginning of each calendar year, Staff will check that all zonings from the prior year are correctly reflected on the map. By certifying the zoning map, any potential litigation as it pertains to the zoning map, should not have any basis. The attached Zoning Map along with an adopting Ordinance is included for your review. Alternatives: There are no recommended alternatives to this ordinance. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO ADOPT THE CORRECTED CITY OF MILTON CURRENT ZONING MAP DATED JANUARY 2012 BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 23, 2012 at 6 p.m. as follows: SECTION 1. The City of Milton, Georgia is hereby divided into zones or districts consistent with those zones or districts as shown on the “Current Zoning Map of the City of Milton,” dated January 2012. Together with all explanatory matter thereon, is hereby adopted by reference as a part of the City of Milton Zoning Ordinance; SECTION 2. This is to certify that the zoning map referred to in the City of Milton Zoning Ordinance, Section 64-392, is amended through January 2012; SECTION 3. This Ordinance is effective April 23, 2012 and; SECTION 4. That this Ordinance shall become effective upon its adoption. ORDAINED this the 23rd day of April, 2012. _____________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) No Text City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: March 28, 2012 for the April 23, 2012 City Council Meeting (April 9 – First Presentation, April 16 – Work Session) Re: RZ12-03 – Text Amendment to Article XVIII of Chapter 64 of the City Code –Historic Preservation Commission CMO (City Manager’s Office) Recommendation: The Mayor and City Council to hear and approve the attached text amendment to amend Article XVIII of Chapter 64, Historic Preservation Commission, as recommended by Staff. Background: The Historic Preservation Commission ordinance was amended on October 17, 2011 by the Mayor and City Council based on recommendations from the State Department of Natural Resources, Historic Division. After the adoption of the text amendment, Staff forwarded it to the State Department of Natural Resources for their final approval of changes. After reviewing the ordinance, the State sent back further changes that needed to be amended in the HPC ordinance. Discussion: The primary issue was that portions of the approved ordinance were inconsistent with The Georgia Historic Preservation Act (44-10-1) which is the enabling legislation for jurisdictions to establish and operate their Historic Preservation Ordinance. The following are the main issues that were inconsistent with the enabling legislation which are also highlighted in yellow in the proposed text amendment: Deletion of the Design Review Board, based on the fact that the HPC will now review all buildings weather they are contributing or non-contributing. Under the definition of Historic: the deletion of the word “famous” as it is too arbitrary. The historic resource only has to meet one of the seven qualities, not all or some. Needed to choose between non-historic and non-contributing. Increased the number of official voting HPC members to be appointed from the list of professionals from one to three. Needed to ensure there was continual City staff support for the HPC and coordinate with the City Council. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Deleted the requirement that no buildings shall be moved from their original location to be considered a historic structure. It would limit the number of designated historic structures. Included “objects” to be considered for a certificate of appropriateness. Under the “Appeals” section, amended to be consistent with the enabling legislation. The remainder of changes was recommended by the City Attorney and is red lined. The Planning Commission met on March 27, 2012 and recommended changes to the ordinance. Staff has provided a separate document which reflects the changes recommended by the State and the City Attorney (accepted) with the Planning Commission’s edits shown in purple. The Planning Commission had further questions for the City Attorney regarding the proposed edits. A Special Called Planning Commission meeting was set for Tuesday, April 10, 2012 to further discuss and vote on the proposed text amendment to the HPC. Recommendation: Based on the above analysis, Staff recommends the text changes as submitted. The approval of this text amendment will enable the Historic Preservation Commission to continue their work and to recommend structures and in the future districts to the City Council for historic designation. Alternatives: The Mayor and City Council may choose to approve, deny or defer the Text Amendment to XVIII of Chapter 64, Historic Preservation Commission. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney – Reviewed February 2012 RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 (State changes highlighted in yellow) Page 1 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Highlight Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt Sec. 64-2451. - Purpose. In support and furtherance of its findings and determination that the historical, cultural, and aesthetic heritage of the City of Milton, Georgia is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the people; In order to maintain historic structures and to protect and enhance local historical and aesthetic attractions to residents and tourists and thereby promote and stimulate business; In order to enhance the opportunities for federal or state tax benefits under relevant provisions of federal or state law; and In order to provide for designation, protection, preservation, and rehabilitation of historic properties and to participate in federal or state programs to do the same; The Milton City Council, Milton, Georgia hereby declares it to be the purpose and intent of this article to establish a uniform procedure for use in providing for the identification, protection, enhancement, perpetuation, and use of places, properties, sites, buildings, structures, objects, and landscape features having special historical, cultural, archeological, or aesthetic interest or value, in accordance with the provisions of the article. (Ord. No. 10-06-65, § I, 6-25-2010) Sec. 64-2452. - Definitions. [The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Application for designation means a formal request in writing in a form specified by the historic preservation commission that the historic preservation commission consider a property for possible designation as a historic property or historic district. Building means any structure with a roof, designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind. Certificate of appropriateness means a document evidencing approval by the historic preservation commission of an application to make a material change in the appearance of a designated historic property or of a property located within a designated historic district. Certificate of endorsement means a document evidencing support of a material change in the appearance of a property located within an overlay district by the person or board designated within an overlay district. Contributing means a building, structure, object, site or work of art that adds to the historic architectural qualities or archaeological values for which the district is significant because it was present during the period of significance, relates to the documented significance of the district, and possesses historic integrity or is capable of yielding important information about the period of significance. Designation means a decision by the City of Milton to designate a property as a "historic property" or as a "historic district" and thereafter prohibit all material change in appearance of such property or within such district prior to the issuance of a certificate of appropriateness by the Historic Preservation Commission of the City of Milton. Formatted: Font: Not Italic RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 (State changes highlighted in yellow) Page 2 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Highlight Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt Design Review Board (DRB) means a Board consisting of seven City of Milton residents, and / or business owners who review all plans for development in the City, except for single family residences for compliance with the standards of the Zoning Ordinance prior to the approval of a building permit, primary variance and land disturbance permit and for both the residential and nonresidential structures for a demolition permit. Exterior architectural features means the architectural style, general design, and general arrangement of the exterior of a building, structure, or object, including but not limited to the kind or texture of the building material and the type and style of all windows, doors, signs, and other appurtenant architectural fixtures, features, details, or elements relative to the foregoing. Exterior environmental features means all aspects of the landscape or the development or appearance of a site which affect the historical character of the property. Historic means belonging to the past; of what is important or famous culturally significant in the past; . A historic resource should shall be at least 50 years old, and should retain a high degree of significant degree of integrity that is comprised of at least one of seven qualities: location, design, setting, materials, workmanship, feeling, and association. Historic district means a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, works of art, or objects, or a combination thereof, which (1) have special character or special historical or aesthetic interest or value; (2) represent one or more periods or styles or architecture typical of one or more eras in the history of Milton, Fulton County, Georgia, or the nation; and (3) cause such area, by reason of such factors, to constitute a visibly perceptible section of the City of Milton. A district may also comprise individual elements separated geographically but linked by association or history. A historic district shall further mean an area designated by the Milton City Council as a historic district pursuant to the criteria established in subsection 64-2454(b) of this article. Historic property means an individual building, structure, site, or object designated by the Milton City Council as a historic property pursuant to the criteria established in subsection 64-2454(c) of this article. Material change in appearance means a change that will affect the exterior architectural or environmental features of a historic property or any building, structure, site, object, or landscape feature within a historic district, such as: (1) A reconstruction or alteration of the size, shape, or façade of a historic property, including but not limited to, relocation of any doors or windows or removal or alteration of any architectural features, details, or elements; (2) Demolition or relocation of a historic structure; (3) Commencement of excavation for construction purposes; (4) A change in the location or removal of advertising visible from the public right-of-way; or (5) The erection, alteration, restoration, or removal of any building or structure within a historic property or district, including but not limited to walls, fences, steps and pavements, or other appurtenant features, except exterior paint alterations. Non-contributing means a non historic resource or classification applied to an individual property located within a designated historic district, signifying that the property does not contribute to the distinctive Formatted: Highlight Formatted: Font: Not Italic, Highlight Formatted: Highlight Formatted: Font: Not Italic, Highlight Formatted: Highlight Formatted: Not Strikethrough, Highlight Formatted: Font color: Dark Blue, Not Strikethrough, Highlight Formatted: Highlight Formatted: Not Strikethrough, Highlight Formatted: Highlight Formatted: Strikethrough, Highlight Formatted: Highlight Formatted: Highlight RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 (State changes highlighted in yellow) Page 3 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Highlight Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt character of the district. Such properties are subject only to the provisions of this chapter regarding new construction, including general landscape character, and only when the amount of new construction equals or exceeds twenty-five percent (25%) of the land area or building ground floor area of the property at the time of its identification as noncontributing. Non-historic means the resource does not meet the criteria for local landmark designation and therefore does not have potential for designation. Object means a material thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. Site means the location of a significant event, a prehistoric or historical occupation or activity, or a building or structure, whether standing, ruined, or vanished where the location itself maintains historical, or of archeological value regardless of the value of any existing structure. Structure means a work of interdependent and inter-related parts in a definite pattern of organization. A manmade object; it may be large or small in scale. (Ord. No. 10-06-65, § II, 6-25-2010) Sec. 64-2453. - Creation of a historic preservation commission. (a) Creation of the historic preservation commission. There is hereby created a commission whose title shall be "Milton Historic Preservation Commission" (hereinafter ("HPC"). (b) HPC members: Numbers, appointment, terms, and compensation. The HPC shall consist of seven members. Each of the individual members of the Milton City Council and the Mayor shall appoint a member of the HPC. The terms of individual members shall be two years, or until a new member is appointed to replace them – whichever occurs later, and shall begin on January 1 of each even numbered calendar year. If a member is replaced for any reason, the new member shall serve only the remaining portion of the replaced member’s term. There shall be no limit on the number of terms a member may serve on the HPC. The HPC shall consist of seven members appointed by the Milton City Council concurrent with appointing council member’s term. All members shall be residents of the City of Milton and shall be persons who have demonstrated special interest, experience, or education in history, architectural history, or the preservation of historic resources. Each appointee shall reside anywhere within the limits of the City of Milton, and not be bound to a councilperson's respective council district. To the extent an individual isindividuals are available and willing to serve in the City of Milton, at least three one official, voting HPC member shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, archeology, building construction, real property appraisal, or related professions. HPC members shall not receive a salary, although they may be reimbursed for expenses with the prior approval of the city manager. (c) Statement of the HPC's powers. Without limiting authority provided elsewhere in this, or any other, Ordinance, t The HPC shall be authorized to: (1) Prepare and maintain an inventory of all property within the City of Milton having the potential for designation as historic; (2) Formatted: Strikethrough Formatted: Strikethrough, Highlight Formatted: Highlight Formatted: Strikethrough, Highlight Formatted: Highlight Formatted: Strikethrough, Highlight Formatted: Highlight RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 (State changes highlighted in yellow) Page 4 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Highlight Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt Recommend to the Milton City Council specific districts, sites, buildings, structures, or objects to be designated by ordinance as a historic property or a historic district; (3) Review applications for Certificates of Appropriateness, and grant or deny same in accordance with the provisions of this article; (4) Recommend to the Milton City Council that any designation of a historic property or historic district be revoked or removed; (5) Restore or preserve any historic properties acquired by the City of Milton, subject to funding availability and with the prior approval of the Milton City Council; (6) Promote the acquisition by the City of Milton of facade easements and conservation easements as appropriate, in accordance with the provisions of the Georgia Uniform Conservation Easement Act of 1992 (O.C.G.A. §§ 44-10-1 through 44-10-5); (7) Conduct educational programs on historic properties located within the City of Milton and on general historic preservation activities; (8) Make such investigations and studies of matters relating to historic preservation including consultation with historic preservation experts, as the Milton City Council or the HPC itself may, from time to time, deem necessary or appropriate for the purposes of preserving historic resources; (9) Research local, state, federal, or private funds for historic preservation, and make recommendations to the Milton City Council concerning the most appropriate use of any funds acquired; (10) Recommend to the Milton City Council possible historic resource incentive programs for their review; (11) Submit to the Historic Preservation Division of the Georgia Department of Natural Resources a list of designated historic properties or historic districts; (12) Perform historic preservation activities as the official agency of the Milton Historic Preservation Program; (13) Retain persons with professional expertise to carry out specific tasks, as needed, subject to approval by the Milton City Council; (14) Receive donations, grants, funds, or gifts of historic property and acquire and sell historic properties provided the Milton City Council has provided prior consent to do so and all state and local laws regarding local government property disposition are followed. The RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 (State changes highlighted in yellow) Page 5 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Highlight Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt receipt of donations, grants, funds, or gifts shall be accepted only if such acceptance does not violate the City of Milton Code of Ethics; (15) Review and make comments to the Historic Preservation Division of the Georgia Department of Natural Resources concerning the nomination of properties within its jurisdiction to the National Register of Historic Places; (16) Participate in private, state, and federal historic preservation programs and with the approval of the Milton City Council enter into contractual agreements to do the same. (17) Work with a City of Milton Staff member, who will serve as liaison between HPC and Mayor and City Council. (d) HPC's power to adopt rules and standards. The HPC shall adopt rules and standards for the transaction of business and for consideration of applications for designations and certificates of appropriateness, such as by-laws and design guidelines, not inconsistent with this article. The HPC shall have the flexibility to adopt such rules and standards without amendment to this article. The HPC shall provide for the time and place of regular meetings and a method for the calling of special meetings, consistent with the Georgia Open Meetings Act. The HPC shall select such officers as it deems appropriate from among its members. A quorum shall consist of a majority of voting members. All rules shall be ratified by the Milton City Council before becoming effective. (e) Conflict of interest. The HPC shall be subject to all conflict of interest laws set forth in the Georgia Statutes and in the City of Milton Charter. (f) HPC's authority to receive funding from various sources. The HPC shall have the authority to accept donations and shall ensure that these funds do not displace appropriated governmental funds. The HPC shall be subject to and comply with the Milton Ethics Code. (g) Records of HPC meetings. A public record shall be kept of the HPC's resolutions, proceedings, and actions. Reports to the Milton City Council will also be made on a regular and timely basis. (Ord. No. 10-06-65, § III, 6-25-2010) Sec. 64-2454. - Recommendation and designation of historic properties. (a) Preliminary research by HPC. (1) HPC's mandate to conduct a survey of local historical resources: The HPC shall compile and collect information on historic resources with the City of Milton. Records shall be stored in the City of Milton storage area. (2) HPC's power to recommend districts and buildings to the Milton City Council for designation: The HPC shall may present to the Milton City Council recommendations for historic districts and properties. Formatted: Highlight RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 (State changes highlighted in yellow) Page 6 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Highlight Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt (3) HPC's documentation of proposed designation: Prior to the HPC's recommendation to the Milton City Council of a property or district for historic designation, the HPC shall prepare a report for nomination recommendation consisting of: a. A detailed physical description of the proposed historic property or historic district; and b. A statement of the historical, cultural, architectural, and/or aesthetic significance of the proposed historic property or historic district; and c. A map showing district boundaries and classification (i.e., contributing, noncontributing) of individual properties therein, or showing boundaries of individual properties; and d. A statement justifying the boundaries of the proposed property or district; and e. Representative photographs of the proposed property or district. (b) Designation of historic district. (1) Criteria for selection of historic districts: A historic district is a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, works of art, or objects, or a combination thereof, which (1) have special character or special historical or esthetic interest or value; (2) represent one or more periods or styles or architecture typical of one or more eras in the history of Milton, the State of Georgia, or the nation; and (3) cause such area, by reason of such factors, to constitute a visibly perceptible section of the City of Milton. A district may also comprise individual elements separated geographically but linked by association or history. A historic district is may be deemed worthy of preservation by reason of value to the nation, the State of Georgia, or the City of Milton for one or moreat least one of the following reasons: a. It possesses an outstanding example of structures representative of its era; or b. It contains the few remaining examples of a past architectural style or type over 50 years old; or c. It is a place associated with an event or persons of historic or cultural significance to the City of Milton, State of Georgia, or the region; or d. It is the site of natural, archeological, or aesthetic interest that contributes to the cultural or historical development and heritage of the municipality, county, state, or region. (2) RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 (State changes highlighted in yellow) Page 7 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Highlight Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt Boundaries of a historic district: Boundaries of a historic district shall be included in the separate ordinances designating such districts and shall be shown on the offic ial zoning map of the City of Milton, Georgia. (3) Evaluation of properties within historic districts: individual properties within historic districts shall be classified as: a. Contributing (contributes to the district); or b. Noncontributing (Does not contribute to the district as provided for in subsection (b)(1) of this section). (c) Designation of historic property. (1) Criteria for selection of historic properties: An individual building, structure, site or object deemed worthy of preservation by reason of value to the nation, the State of Georgia, or the City of Milton for one or more of the following reasons: a. It is an outstanding example of a structure representative of its era; or b. It is one of the few remaining examples of a past architectural style or type over 50 years old; or c. It is a place associated with an event or persons of historic or cultural significance to the City of Milton, State of Georgia, or the region; or d. It is the site of natural, archeological, or aesthetic interest that contributes to the cultural or historical development and heritage of the municipality, county, state, or region. (2) No building, structure, site or object shall be eligible to be designated as a historic property unless it existed on the same property since the incorporation of the City of Milton. (d) Requirement for adopting an ordinance for the designation of historic districts and historic properties. (1) Application for designation of historic districts or properties: Proposals may be submitted by the Milton City Council, via majority vote, or by the HPC via a majority of that commission, or: a. For historic districts—A historical society, neighborhood association, or the owners of a group of properties; b. For historic properties—A historical society, neighborhood association, or the property owner. Formatted: Indent: Left: 0" Formatted: Highlight Formatted: Strikethrough, Highlight Formatted: incr1 Formatted: Strikethrough RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 (State changes highlighted in yellow) Page 8 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Highlight Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt (2) Required components of a designation ordinance: Any ordinance designating any property or district as historic shall: a. List each property in a proposed historic district or describes the proposed individual historic property; b. Set forth the name(s) of the owner(s) of the designated property or properties; c. Require that a certificate of appropriateness be obtained from the HPC prior to any material change in appearance of the designated property; and d. Require that the property or district be shown on the official zoning map of the City of Milton, Georgia and kept as a public record to provide notice of such designation. (3) Require public hearings: The HPC and the Milton City Council shall hold a joint public hearing at a special or regular HPC meeting on any proposed ordinance for the designation of any historic district or property. Notice of the hearing shall be published in at least three consecutive issues of the newspaper utilized by Milton as the legal organ, and written notice of the hearing shall be mailed not less than ten or more than 20 days prior to the date set for the public hearing. A notice sent via the United States mail to the last-known owner of the property shown on the City of Milton tax digest and a notice sent via attention of the occupant shall constitute legal notification to the owner and occupant under this section. (4) Notification of historic preservation division: No less than 30 days prior to making a recommendation on any ordinance designating a property or district as historic, the HPC must submit the report, required in subsection 64-2454(a)(3), to the historic preservation division of the department of natural resources. (5) Recommendations on proposed designations: A recommendation to affirm, modify or withdraw the proposed ordinance for designation shall be made by the HPC within 15 days following the joint public hearing and shall be in the form of a resolution to the Milton City Council. (6) Milton City Council action on the HPC's recommendation: Following receipt of the HPC recommendation, the Milton City Council may adopt the ordinance for designation as proposed, may adopt the ordinance with any amendments it deems necessary, or reject the ordinance. (7) Notification of adoption of ordinance for designation: Within 30 days following the adoption of the ordinance for designation by the Milton City Council, the owners and occupants of each designated historic property, and the owner(s) and occupants of each building, structure, or site located within a designated historic district, shall be given written notification of such designation by the Milton City Council, which notice shall apprise said owners and occupants of the necessity of obtaining a certificate of appropriateness prior to undertaking any material change in appearance of the historic property designated or within the historic district designated. A notice sent via the United States mail to the last- known owner of the property shown on the City of Milton tax digest and a notice sent via United States mail to the address of the property to the attention of the occupant shall constitute legal notification to the owner and occupant under this article. RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 (State changes highlighted in yellow) Page 9 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Highlight Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt (8) Notification of other agencies regarding designation: The HPC shall notify all necessary agencies within the City of Milton of the ordinance for designation. (9) Moratorium on applications for alteration or demolition while ordinance for designation is pending: If an ordinance for designation is being considered, the hpc shall notify the permitting division of the community development department. No permit of any kind shall be issued for work which would constitute a material change in the appearance of a structure, site, or landscaping within the designated area until the proposed ordinance is enacted or rejected by the city council. The HPC must recommend via resolution an ordinance for designation to the city council within 45 days of the permitting division denying a building permit based on the moratorium. (Ord. No. 10-06-65, § IV, 6-25-2010) Sec. 64-2455. - Application to HPC or DRB for a certificate of appropriateness or endorsement. (a) Approval of material change in appearance involving historic properti es. After the designation by ordinance of a historic property or of a historic district, no material change in the appearance of such historic property, or of a contributing or noncontributing building, structure, site or object within such historic district shall occur or be permitted to be made by the owner or occupant thereof unless or until the application and approval of a certificate of appropriateness appropriateness.or endorsement. Certificates of appropriateness for material changes in historic properties and material changes to contributing and noncontributing buildings, structures, sites, or objects in historic districts shall be issued by the HPC in accord with the process set forth below. A certificate of endorsement for noncontributing buildings, structures, sites or objects within a historic district shall be considered by the DRB after a public hearing and otherwise in accord with ordinary and normal DRB processes and procedures. A building permit shall not be issued without a certificate of appropriateness or endorsement.. The DRB shall be informed of any pertinent information as it relates to the historic district in which said structure is located. A certificate of appropriateness shall be required before construction can begin even in cases wherebegin for historic properties or properties within a historic district, regardless of whether a building permit is not required. (b) Submission of plans to HPC. An application for a certificate of appropriateness shall be accompanied by drawings, photographs, plans and documentation required by the HPC. (c) Interior alterations. In its review of an applications for certificates a certificate of appropriateness the HPC shall not consider interior arrangement or use having no effect on exterior architectural features. (d) Technical advice. The HPC shall have the power to seek technical advice from outside its members on any application. (e) Public hearings on applications for certificates of appropriateness, notices, and right to be heard. The HPC shall hold a public hearing at which each proposed certificate of appropriateness is Formatted: Highlight Formatted: Highlight Formatted: Strikethrough, Highlight Formatted: Highlight Formatted: Strikethrough, Highlight Formatted: Highlight RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 (State changes highlighted in yellow) Page 10 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Highlight Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt discussed. Notice of the hearing shall be published in the newspaper utilized by Milton as the legal organ and written notice of the hearing shall be made by the HPC to all owners and occupants of the subject property. The written and published notice shall be provided in the same manner and time frame as notices as required by the Georgia Zoning Procedures Law. The HPC shall provide the property owner and/or applicant an opportunity to be heard at the certificate of appropriateness hearing. (f) Acceptable HPC response to applications for certificates of appropriateness. HPC action: The HPC may (i) approve the application for a certificate of appropriateness as proposed; (ii) approve the application for a certificate of appropriateness with any modifications it deems necessary; or (iii) reject it.the application for a certificate of appropriateness. (g) Grounds for approval. (1) The HPC shall approve the application and issue a certificate of appropriateness if it finds that the proposed material change(s) in the appearance would not have a substantial adverse effect on the aesthetic, historic, or architectural significance and value of the historic property or the historic district. In making this determination, the HPC shall consider, in addition to any other pertinent factors, the following criteria: a1. For rReconstruction, alteration, new construction or renovation: Whether the proposed actions conform in design, scale, building material, setback and site features and to the United States Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. b2.. For rRelocation: 1a. The historic character and aesthetic interest of the building, structure, or object contributes to its present setting; 2b. Whether there are definite plans for the area to be vacated and what the effect of those plans on the character of the surrounding area will be; 3c. Whether the building, structure, or object can be moved without significant damage to its physical integrity; 4d. Whether the proposed relocation area is compatible with the historical and architectural character of the building, structure, site, or object. c3. For dDemolition: 1a. The historic, scenic, or architectural significance of the building, structure, site, or object; 2b. The importance of the building, structure, site, or object to the ambiance of the area; 3c. The difficulty or impossibility of reproducing such a building, structure, site, or object because of its design, texture, material, detail, or unique location; 4d. Formatted: incr0 Formatted: Font: Italic Formatted: Indent: Left: 1" RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 (State changes highlighted in yellow) Page 11 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Highlight Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt Whether the building, structure, site, or object is one of the last remaining examples of its kind in the neighborhood or the city; 5e. Whether there are definite plans for use of the property if the proposed demolition is carried out, and what the effect of those plans on the character of the surrounding area would be; 6f. Whether reasonable measures can be taken to save the building, structure, site, or object from collapse; 7g. Whether the building, structure, site, or object is capable of earning reasonable economic return on its value. (gh) Undue hardship. When, by reason of unusual circumstances, the strict application of any provision of the ordinance would result in the exceptional practical difficulty or undue economic hardship upon any owner of a specific property, the HPCcommission, in passing upon applications, shall have the power to recommend to the Milton Mayor and City Council to vary or modify strict provisions, so as to relieve such difficulty or hardship; provided such variances, modifications, interpretations shall remain in harmony with the general purpose and intent of said provisions, so that the architectural or historical integrity, or character of the property, shall be conserved and substantial justice done. In granting variances, the Milton Mayor and City Council HPC may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this article. An undue hardship shall not be a situation of the person's own making. (hi) Deadline for approval or rejection of application for a certificate of appropriateness. (1) The HPC shall approve or reject an application for a certificate of appropriateness within 45 days after the filing thereof by the owner or occupant of a historic property, building, structure, object or site. Evidence of approval shall be by a certificate of appropriateness issued by the HPC. Notice of the issuance or denial of a certificate of appropriateness shall be sent by United States certified mail to the applicant and all other persons who have requested such notice in writing filed with the HPC. (2) Should the HPC fail to approve or reject an application for a certificate of appropriateness within 45 days the application shall be deemed automatically approved. (ij) Necessary action to be taken by HPC upon rejection of application for a certificate of appropriateness. (1) In the event the HPC rejects an application for a certificate of appropriateness, it the HPC shall state its reasons for doing so, and shall transmit a record of such actions rejection and reasons, in writing, to the applicant. The HPC may suggest alternative courses of action it thinks proper if it disapproves rejects of the application submitted. The applicant, if he or she so desires, may make modifications to the plans and may resubmit the application at any time after making said modifications. (2) In cases where the application for a certificate of appropriateness covers a material change in the appearance of a structure which would require the issuance of a building permit, the rejection of the application for a certificate of appropriateness by the HPC shall Formatted: Pattern: Clear (Background 1) Formatted: Pattern: Clear (Background 1), Not Highlight Formatted: Pattern: Clear (Background 1) Formatted: Highlight RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 (State changes highlighted in yellow) Page 12 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Highlight Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt be binding upon the building inspector or other administrative officer charged with issuing building permits and, in such a case, no building permit shall be issued. (jk) Requirement of conformance with a certificate of appropriateness. (1) All work performed pursuant to an issued certificate of appropriateness shall conform to the requirements of such certificate. In the event work is performed not in accordance with such certificate, the HPC may request that the city obtain a cease and desist order from the appropriate tribunal and all work shall cease. (2) The Milton City Council or the HPC may, of its own initiative or at the request of the HPC, initiate any appropriate action or proceeding in a court of competent jurisdiction to prevent any material change in appearance of a designated historic property, except those changes made in compliance with the provisions of this ordinance or to prevent any illegal act or conduct with respect to such historic property. (kl) Certificate of appropriateness void if construction not commenced. (1) A cCertificate of appropriateness shall become void unless construction the work described in the application for a certificate of appropriateness as approved by the HPC has commenced within six months of the date of issuance. (2) A certificate of appropriateness shall expire after 18 months unless said certificate is renewed. A certificate of appropriateness may be renewed for a single 18-month period. An renewal application for renewal must be sought submitted to the Community Development Director prior to the expiration of the original certificate of appropriateness. The Director shall approve the application for renewal provided the project is not in violation of any City Ordinance. ((lm) Recording an application for a certificate of appropriateness. The HPC shall keep a public record of all applications for a certificate of appropriateness, and of all the HPC's proceedings in connection with said application. These records shall be maintained at city hall. (mn) Acquisition of property. The HPC may, where such action is authorized by the Milton City Council and is reasonably necessary or appropriate for the preservation of a historic property, enter into negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise, to the property or any interest therein. If property is conveyed based upon the efforts of the HPC, the property interest shall be conveyed in the name of the City of Milton, Georgia. (no) Appeals. Any person adversely affected by any determination made by the HPC relative to the issuance or denial of an application for a certificate of appropriateness may appeal such determination to the Milton City Council. Any such appeal must be filed with the Milton City Council within 15 days after the issuance of the determination pursuant to subsection (g) of this section, or in the case of a failure of the Commission to act, within {FIFTEEN (15) DAYS} of the expiration of the forty-five (45) day period allowed for the Commission action, Section (h) 1 of this Ordinance.. The Milton City Council may approve, modify, or reject the determination made by the HPC, if the governing body finds that the HPC abused its discretion in reaching its decision. Appeals from Formatted: Not Highlight Formatted: Highlight Formatted: Font: 9 pt, Highlight Formatted: Highlight RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 (State changes highlighted in yellow) Page 13 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Highlight Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt decisions of the Milton City Council may be taken to the Superior Court of Fulton County via a writ of certiorari. (Ord. No. 10-06-65, § V, 6-25-2010) Sec. 64-2456. - Maintenance of historic properties; Building and zoning code provision. (a) Ordinary maintenance or repair. Ordinary maintenance or repair of any exterior architectural or environmental feature in or on a historic property to correct deterioration, decay, or to sustain the existing form, and that does not involve a material change in design, material, or outer appearance thereof, does not require a certificate of appropriateness. (b) Failure to provide ordinary maintenance or repair. Property owners of historic properties or properties within historic districts shall not allow their buildings to deteriorate by failing to provide ordinary maintenance or repair. The HPC shall be charged with the following responsibilities regarding deterioration by neglect: (1) The HPC shall monitor the condition of historic properties and existing buildings in historic districts to determine if they are being allowed to deteriorate by neglect. Such conditions as broken windows, doors and openings which allow the elements and vermin to enter, and the deterioration of a building's structural system shall constitute failure to provide ordinary maintenance or repair. (2) In the event the HPC determines a failure to provide ordinary maintenance or repair, the HPC will notify the owner of the property and set forth the steps which need to be taken to remedy the situation. The owner of such property will have 30 days in which to do this. A building permit may be required to accomplish the necessary remedial measures. (3) In the event that the condition is not remedied in 30 days, the owner shall be sanctioned as provided in section 64-2457 of this article and, upon approval of the Milton City Council, the HPC may perform such maintenance or repair as is necessary to prevent deterioration by neglect. The owner of the property shall be liable for the cost of such maintenance and repair performed by the HPC and shall reimburse the City of Milton for same. In the event reimbursement does not occur, the Milton City Council shall have the right to recover same using all available legal means, including the placement of liens on the property in accordance with law. (c) Affirmation of existing building and zoning codes. Nothing in this article shall be construed as to exempt property owners from complying with existing city or county building and zoning codes. (Ord. No. 10-06-65, § VI, 6-25-2010) Sec. 64-2457. - Penalty provisions. A person, firm, corporation or other entity commits an offense if he/she/it violates this article. Each day the offense continues constitutes a separate offense. The following penalties, which are nonexclusive, and the exercise of one or more of which shall not preclude exercise of the others, shall be imposed on those persons or entities found to have violated this article: (1a) RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 (State changes highlighted in yellow) Page 14 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Highlight Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt The same penalties as set forth in the zoning chapter of the city City for all violations of requirements set forth in the said zoning chapter; or (2b) The penalties set forth in chapter 12in Section 1-5 of the Code of Ordinances of the city City for non-zoning violations. (3c) Restrictions on future development. If a historic property is demolished or relocated without a certificate of appropriateness, or in the event the plans are changed for the property from which the resource was removed without approval of the changed plans by the HPC, then the following restrictions, in addition to any other penalties or remedies set forth in this article, shall be applicable to the site where the structure or property was formerly located: a1). No building or other permits will be issued for construction on the site, with the exception of a permit to restore such structure or property after obtaining a certificate of appropriateness, for a period of five years after the date of such demolition or removal. b2). No permits shall be issued by the city City for any curb cuts on the site for a period of five years from and after the date of such demolition or removal. c3.) No parking lot for vehicles shall be operated whether for remuneration or not on the site for a period of five years from and after the date of such demolition and removal. d4). The owner of the site shall maintain the site in a clean and orderly state and shall properly maintain all existing trees and landscaping on the site. When these restrictions become applicable to a particular site, the building official shall cause to be filed a verified notice thereof in the Real Property Records of Fulton County and such restrictions shall then be binding on future owners of the property. (4d) Civil action. As an additional remedy in addition to the penalties stated above, the city City attorney for the City of Milton or his or her designee shallmay have the power to take all necessary civil action to enforce the provisions hereof and to requestmay seek appropriate legal or equitable remedies or relief. (Ord. No. 10-06-65, § VIII, 6-25-2010) Formatted: Font color: Text 1 Formatted: No underline, Font color: Text 1 MARCH 27, 2012 PLANNING COMMISSION CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 PC changes are in purple. Page 1 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font color: Accent 4 Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt Sec. 64-2451. - Purpose. In support and furtherance of its findings and determination that the historical, cultural, and aesthetic heritage of the City of Milton, Georgia is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the people; In order to maintain historic structures and to protect and enhance local historical and aesthetic attractions to residents and tourists and thereby promote and stimulate business; In order to enhance the opportunities for federal or state tax benefits under relevant provisions of federal or state law; and In order to provide for designation, protection, preservation, and rehabilitation of historic properties and to participate in federal or state programs to do the same; The Milton City Council, Milton, Georgia hereby declares it to be the purpose and intent of this article to establish a uniform procedure for use in providing for the identification, protection, enhancement, perpetuation, and use of places, properties, sites, buildings, structures, objects, and landscape features having special historical, cultural, archeological, or aesthetic interest or value, in accordance with the provisions of the article. (Ord. No. 10-06-65, § I, 6-25-2010) Sec. 64-2452. - Definitions. [The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Application for designation means a formal request in writing in a form specified by the historic preservation commission that the historic preservation commission consider a property for possible designation as a historic property or historic district. Building means any structure with a roof, designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind. Certificate of appropriateness means a document evidencing approval by the historic preservation commission of an application to make a material change in the appearance of a designated historic property or of a property located within a designated historic district. Certificate of endorsement means a document evidencing support of a material change in the appearance of a property located within an overlay district by the person or board designated within an overlay district. Contributing means a building, structure, object, site or work of art that adds to the historic architectural qualities or archaeological values for which the district is significant because it was present during the period of significance, relates to the documented significance of the district, and possesses historic integrity or is capable of yielding important information about the period of significance. Designation means a decision by the City of Milton to designate a property as a "historic property" or as a "historic district" and thereafter prohibit all material change in appearance of such property or within such district prior to the issuance of a certificate of appropriateness by the Historic Preservation Commission of the City of Milton. Formatted: Font color: Accent 4, Strikethrough Formatted: Font: Not Italic MARCH 27, 2012 PLANNING COMMISSION CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 PC changes are in purple. Page 2 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font color: Accent 4 Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt Exterior architectural features means the architectural style, general design, and general arrangement of the exterior of a building, structure, or object, including but not limited to the kind or texture of the building material and the type and style of all windows, doors, signs , and other appurtenant architectural fixtures, features, details, or elements relative to the foregoing. Exterior environmental features means all aspects of the landscape or the development or appearance of a site which affect the historical character of the property. Historic means belonging to the past; of what is important or culturally significant in the past ; . A historic resource shall be at least 50 years old, and should retain a sign ificant degree of integrity that is comprised of at least one of five qualities: location, design, setting, materials, workmanship, feeling, and association. Historic district means a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, works of art, or objects, or a combination thereof, which (1) have special character or special historical or aesthetic interest or value; (2) represent one or more periods or styles or architecture typical of one or more eras in the history of Milton, Fulton County, Georgia, or the nation; and (3) cause such area, by reason of such factors, to constitute a visibly perceptible section of the City of Milton. (4) includes at least one historic property designated concurrently or prior to designation of the historic district. A district may also comprise individual elements separated geographically but linked by association or history. A historic district shall further mean an area designated by the Milton City Council as a historic district pursuant to the criteria established in subsection 64-2454(b) of this article. Historic property means an individual building, structure, site, or object designated by the Milton City Council as a historic property pursuant to the criteria established in subsection 64-2454(c) of this article. Material change in appearance means a change that will affect the exterior architectural or environmental features of a historic property or any building, structure, site, object, or landscape feature within a historic district, such as: (1) A reconstruction or alteration of the size, shape, or façade of a historic property, including but not limited to, relocation of any doors or windows or removal or alteration of any architectural features, details, or elements; (2) Demolition or relocation of a historic structure; (3) Commencement of excavation for construction purposes; (4) A change in the location or removal of advertising visible from the public right-of-way; or (5) The erection, alteration, restoration, or removal of any building or structure within a historic property or district, including but not limited to walls, fences, steps and pavements, or other appurtenant features, except exterior paint alterations. Formatted: Font color: Purple, Not Highlight Formatted: Strikethrough Formatted: Font color: Accent 4, Strikethrough Formatted: Font color: Accent 4 Formatted: Font color: Dark Blue MARCH 27, 2012 PLANNING COMMISSION CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 PC changes are in purple. Page 3 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font color: Accent 4 Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt Non-contributing means a non historic resource or classification applied to an individual property located within a designated historic district, signifying that the property does not contribute to the distinctive character of the district. Such properties are subject only to the provisions of this chapter regarding new construction, including general landscape character, and only when the amount of new construction equals or exceeds twenty-five percent (25%) of the land area or building ground floor area of the property at the time of its identification as noncontributing. Object means a material thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. Site means the location of a significant event, a prehistoric or historical occupation or activity, or a building or structure, whether standing, ruined, or vanished where the location itself maintains historical , or of archeological value regardless of the value of any existing structure. Structure means a work of interdependent and inter-related parts in a definite pattern of organization. A manmade object; it may be large or small in scale. (Ord. No. 10-06-65, § II, 6-25-2010) Sec. 64-2453. - Creation of a historic preservation commission. (a) Creation of the historic preservation commission. There is hereby created a commission whose title shall be "Milton Historic Preservation Commission" (hereinafter ("HPC"). (b) HPC members: Numbers, appointment, terms, and compensation. The HPC shall consist of seven members. Each of the individual members of the Milton City Council and the Mayor shall appoint a member of the HPC. The terms of individual members shall be two years, or until a new member is appointed to replace them – whichever occurs later, and shall begin on January 1 of each even numbered calendar year. If a member is replaced for any reason, the new member shall serve only the remaining portion of the replaced member’s term. There shall be no limit on the number of terms a member may serve on the HPC. Each appointee shall reside anywhere within the limits of the City of Milton, and not be bound to a councilperson's respective council district. To the extent individuals are available and willing to serve in the City of Milton, at least three official, voting HPC member shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, archeology, building construction, real property appraisal, or related professions. HPC members shall not receive a salary, although they may be reimbursed for expenses with the prior approval of the city manager. (c) Statement of the HPC's powers. Without limiting authority provided elsewhere in this, or any other, Ordinance, the HPC shall be authorized to: (1) Prepare and maintain an inventory of all property within the City of Milton having the potential for designation as historic; (2) Recommend to the Milton City Council specific districts, sites, buildings, structures, or objects to be designated by ordinance as a historic property or a historic district; MARCH 27, 2012 PLANNING COMMISSION CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 PC changes are in purple. Page 4 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font color: Accent 4 Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt (3) Review applications for Certificates of Appropriateness, and grant or deny same in accordance with the provisions of this article; (4) Recommend to the Milton City Council that any designation of a historic property or historic district be revoked or removed; (5) Recommend to the Milton City Council the restoration or preservation of Restore or preserve any historic properties acquired by the City of Milton, subject to funding availability and with the prior approval of the Milton City Council; (6) Promote the acquisition by the City of Milton of facade easements and conservation easements as appropriate, in accordance with the provisions of the Georgia Uniform Conservation Easement Act of 1992 (O.C.G.A. §§ 44-10-1 through 44-10-5); (7) Conduct educational programs on historic properties located within the City of Milton and on general historic preservation activities; (8) Shall recommend Make such investigations and studies of matters relating to historic preservation including consultation with historic preservation experts, as the Milton City Council or the HPC itself may, from time to time, deem necessary or appropriate for the purposes of preserving historic resources; (9) Research local, state, federal, or private funds for historic preservation, and make recommendations to the Milton City Council concerning the most appropriate use of any funds acquired; (10) Recommend to the Milton City Council possible historic resource incentive programs for their review; (11) Submit to the Historic Preservation Division of the Georgia Department of Natural Resources a list of designated historic properties or historic districts; (12) Perform historic preservation activitiesDesignate the HPC as the official agency of the Milton Historic Preservation Program; (13) Retain Shall recommend the retention of persons with professional expertise to carry out specific tasks, as needed, subject to approval by the Milton City Council; (14) Receive donations, grants, funds, or gifts of historic property property, on behalf of the City, and acquire and sellshall recommend the acquisition and sale of historic properties, provided the Milton City Council has provided prior consent to do so and all state and local laws regarding local government property disposition are followed. The receipt of donations, grants, funds, or gifts shall be accepted only if such acceptance does not violate the City of Milton Code of Ethics; Formatted: Not Highlight MARCH 27, 2012 PLANNING COMMISSION CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 PC changes are in purple. Page 5 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font color: Accent 4 Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt (15) Review and make comments to the Historic Preservation Division of the Georgia Department of Natural Resources concerning the nomination of properties within its jurisdiction to the National Register of Historic Places; (16) Participate in private, state, and federal historic preservation programs and with the approval of the Milton City Council enter into contractual agreements to do the same. (17) Work with a City of Milton Staff member, who will serve as liaison between HPC and Mayor and City Council. (d) HPC's power to adopt rules and standards. The HPC shall adopt rules and standards for the transaction of business and for consideration of applications for designations and certificates of appropriateness, such as by-laws and design guidelines, not inconsistent with this article. The HPC shall have the flexibility to adopt such rules and standards without amendment to this article. The HPC shall provide for the time and place of regular meetings and a method for the calling of special meetings, consistent with the Georgia Open Meetings Act. The HPC shall select such officers as it deems appropriate from among its members. A quorum shall consist of a majority of voting members. All rules shall be ratified by the Milton City Council before becoming effective. (e) Conflict of interest. The HPC shall be subject to all conflict of interest laws set forth in the Georgia Statutes and in the City of Milton Charter. (f) HPC's authority to receive funding from various sources. The HPC shall have the authority to accept donations on behalf of the City of Milton, and shall ensure that these funds do not displace appropriated governmental funds. The HPC shall be subject to and comply with the Milton Ethics Code. (g) Records of HPC meetings. A public record shall be kept of the HPC's resolutions, proceedings, and actions. Reports to the Milton City Council will also be made on a regular and timely basis. (Ord. No. 10-06-65, § III, 6-25-2010) Sec. 64-2454. - Recommendation and designation of historic properties. (a) Preliminary research by HPC. (1) HPC's mandate to conduct a survey of local historical resources: The HPC shall compile and collect information on historic resources with the City of Milton. Records shall be stored in the City of Milton storage area. (2) HPC's power to recommend districts and buildings to the Milton City Council for designation: The HPC may present to the Milton City Council recommendations for historic districts and properties. (3) MARCH 27, 2012 PLANNING COMMISSION CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 PC changes are in purple. Page 6 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font color: Accent 4 Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt HPC's documentation of proposed designation: Prior to the HPC's recommendation to the Milton City Council of a property or district for historic designation, the HPC shall prepare a report for recommendation consisting of: a. A detailed physical description of the proposed historic property or historic district; and b. A statement of the historical, cultural, architectural, and/or aesthetic significance of the proposed historic property or historic district; and c. A map showing district boundaries and classification (i.e., contributing, noncontributing) of individual properties therein, or showing boundaries of individual properties; and d. A statement justifying the boundaries of the proposed property or district; and e. Representative photographs of the proposed property or district. (b) Designation of historic district. (1) Criteria for selection of historic districts: A historic district is a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, works of art, or objects, or a combination thereof, which (1) have special character or special historical or esthetic interest or value; (2) represent one or more periods or styles or architecture typical of one or more eras in the history of Milton, the State of Georgia, or the nation; and (3) cause such area, by reason of such factors, to constitute a visibly perceptible section of the City of Milton. A district may also comprise individual elements separated geographically but linked by association or history. A historic district may be deemed worthy of preservation by reason of value to the nation, the State of Georgia, or the City of Milton for at least one of the following reasons: a. It possesses an outstanding example of structures representative of its era; or b. It contains the few remaining examples of a past architectural style or type over 50 years old; or c. It is a place associated with an event or persons of historic or cultural significance to the City of Milton, State of Georgia, or the region; or d. It is the site of natural, archeological, or aesthetic interest that contributes to the cultural or historical development and heritage of the municipality, county, state, or region. (2) Boundaries of a historic district: Boundaries of a historic district shall be included in the separate ordinances designating such districts and shall be shown on the offic ial zoning map of the City of Milton, Georgia. MARCH 27, 2012 PLANNING COMMISSION CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 PC changes are in purple. Page 7 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font color: Accent 4 Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt (3) Evaluation of properties within historic districts: individual properties within historic districts shall be classified as: a. Contributing (contributes to the district); or b. Noncontributing (Does not contribute to the district as provided for in subsection (b)(1) of this section). (c) Designation of historic property. Criteria for selection of historic properties: An individual building, structure, site or object deemed worthy of preservation by reason of value to the nation, the State of Georgia, or the City of Milton for one or more of the following reasons: a. It is an outstanding example of a structure representative of its era; or b. It is one of the few remaining examples of a past architectural style or type over 50 years old; or c. It is a place associated with an event or persons of historic or cultural significance to the City of Milton, State of Georgia, or the region; or d. It is the site of natural, archeological, or aesthetic interest that contributes to the cultural or historical development and heritage of the municipality, county, state, or region. (d) Requirement for adopting an ordinance for the designation of historic districts and historic properties. (1) Application for designation of historic districts or properties: Proposals may be submitted by the Milton City Council, via majority vote, or by the HPC via a majority of that commission, or: a. For historic districts—A historical society, neighborhood association, or the owners of a group of properties; b. For historic properties—A historical society, neighborhood association, or the property owner. (2) Required components of a designation ordinance: Any ordinance designating any property or district as historic shall: a. Formatted: Indent: Left: 0" MARCH 27, 2012 PLANNING COMMISSION CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 PC changes are in purple. Page 8 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font color: Accent 4 Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt List each property in a proposed historic district or describes the proposed individual historic property; b. Set forth the name(s) of the owner(s) of the designated property or properties; c. Require that a certificate of appropriateness be obtained from the HPC prior to any material change in appearance of the designated property; and d. Require that the property or district be shown on the official zoning map of the City of Milton, Georgia and kept as a public record to provide notice of such designation. (3) Require public hearings: The HPC and the Milton City Council shall hold a joint public hearing at a special or regular HPC meeting on any proposed ordinance for the designation of any historic district or property. Notice of the hearing shall be published in at least three consecutive issues of the newspaper utilized by Milton as the legal organ, and written notice of the hearing shall be mailed not less than ten or more than 20 days prior to the date set for the public hearing. A notice sent via the United States mail to the last-known owner of the property shown on the City of Milton tax digest and a notice sent via attention of the occupant shall constitute legal notification to the owner and occupant under this section. (4) Notification of historic preservation division: No less than 30 days prior to making a recommendation on any ordinance designating a property or district as historic, the HPC must submit the report, required in subsection 64-2454(a)(3), to the historic preservation division of the department of natural resources. (5) Recommendations on proposed designations: A recommendation to affirm, modify or withdraw the proposed ordinance for designation shall be made by the HPC within 15 days following the joint public hearing and shall be in the form of a resolution to the Milton City Council. (6) Milton City Council action on the HPC's recommendation: Following receipt of the HPC recommendation, the Milton City Council may adopt the ordinance for designation as proposed, may adopt the ordinance with any amendments it deems necessary, or reject the ordinance. (7) Notification of adoption of ordinance for designation: Within 30 days following the adoption of the ordinance for designation by the Milton City Council, the owners and occupants of each designated historic property, and the owner(s) and occupants of each building, structure, or site located within a designated historic district, shall be given written notification of such designation by the Milton City Council, which notice shall apprise said owners and occupants of the necessity of obtaining a certificate of appropriateness prior to undertaking any material change in appearance of the historic property designated or within the historic district designated. A notice sent via the United States mail to the last- known owner of the property shown on the City of Milton tax digest and a notice sent via United States mail to the address of the property to the attention of the occupant shall constitute legal notification to the owner and occupant under this article. (8) Notification of other agencies regarding designation: The HPC shall notify all necessary agencies within the City of Milton of the ordinance for designation. MARCH 27, 2012 PLANNING COMMISSION CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 PC changes are in purple. Page 9 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font color: Accent 4 Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt (9) Moratorium on applications for alteration or demolition while ordinance for designation is pending: If an ordinance for designation is being considered, the hpc shall notify the permitting division of the community development department. No permit of any kind shall be issued for work which would constitute a material change in the appearance of a structure, site, or landscaping within the designated area until the proposed ordinance is enacted or rejected by the city council. The HPC must recommend via resolution an ordinance for designation to the city council within 45 days of the permitting division denying a building permit based on the moratorium. (Ord. No. 10-06-65, § IV, 6-25-2010) Sec. 64-2455. - Application to HPC for a certificate of appropriateness. (a) Approval of material change in appearance involving historic properties. After the designation by ordinance of a historic property or of a historic district, no material change in the appearance of such historic property, or of a contributing or noncontributing building, structure, site or object within such historic district shall occur or be permitted to be made by the owner or occupant thereof unless or until the application and approval of a certificate of appropriateness.. Certificates of appropriateness for material changes in historic properties and material changes to contributing and noncontributing buildings, structures, sites, or objects in historic districts shall be issued by the HPC in accord with the process set forth below. A building permit shall not be issued without a certificate of appropriateness.. A certificate of appropriateness shall be required before construction can begin for historic properties or properties within a historic district, regardless of whether a building permit is required. (b) Submission of plans to HPC. An application for a certificate of appropriateness shall be accompanied by drawings, photographs, plans and documentation required by the HPC. (c) Interior alterations. In its review of an application for a certificate of appropriateness the HPC shall not consider interior arrangement or use having no effect on exterior architectural features. (d) Technical advice. The HPC shall have the power to seek technical advice from outside its members on any application. (e) Public hearings on applications for certificates of appropriateness, notices, and right to be heard. The HPC shall hold a public hearing at which each proposed certificate of appropriateness is discussed. Notice of the hearing shall be published in the newspaper utilized by Milton as the legal organ and written notice of the hearing shall be made by the HPC to all owners and occupants of the subject property. The written and published notice shall be provided in the same manner and time frame as notices as required by the Georgia Zoning Procedures Law. The HPC shall provide the property owner and/or applicant an opportunity to be heard at the certificate of appropriateness hearing. (f) Acceptable HPC response to applications for certificates of appropriateness. HPC action: The HPC may (i) approve the application for a certificate of appropriateness as proposed; (ii) approve the application for a certificate of appropriateness with any modifications it deems necessary; or (iii) reject the application for a certificate of appropriateness. Formatted: Font color: Auto Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight MARCH 27, 2012 PLANNING COMMISSION CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 PC changes are in purple. Page 10 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font color: Accent 4 Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt (g) Grounds for approval. The HPC shall approve the application and issue a certificate of appropriateness if it finds that the proposed material change(s) in the appearance would not have a substantial adverse effect on the aesthetic, historic, or architectural significance and value of the historic property or the historic district. In making this determination, the HPC shall consider, in addition to any other pertinent factors, the following criteria: 1. For reconstruction, alteration, new construction or renovation: Whether the proposed actions conform in design, scale, building material, setback and site features and to the United States Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. 2. For relocation: a. The historic character and aesthetic interest of the building, structure, or object contributes to its present setting; b. Whether there are definite plans for the area to be vacated and what the effect of those plans on the character of the surrounding area will be; c. Whether the building, structure, or object can be moved without significant damage to its physical integrity; d. Whether the proposed relocation area is compatible with the historical and architectural character of the building, structure, site, or object. 3. For demolition: a. The historic, scenic, or architectural significance of the building, structure, site, or object; b. The importance of the building, structure, site, or object to the ambiance of the area; c. The difficulty or impossibility of reproducing such a building, structure, site, or object because of its design, texture, material, detail, or unique location; d. Whether the building, structure, site, or object is one of the last remaining examples of its kind in the neighborhood or the city; e. Whether there are definite plans for use of the property if the proposed demolition is carried out, and what the effect of those plans on the character of the surrounding area would be; f. Whether reasonable measures can be taken to save the building, structure, site, or object from collapse; g. Formatted: incr0 Formatted: Font: Italic Formatted: Indent: Left: 1" MARCH 27, 2012 PLANNING COMMISSION CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 PC changes are in purple. Page 11 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font color: Accent 4 Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt Whether the building, structure, site, or object is capable of earning reasonable economic return on its value. (h) Undue hardship. When, by reason of unusual circumstances, the strict application of any provision of the ordinance would result in the exceptional practical difficulty or undue economic hardship upon any owner of a specific property, the HPC, in passing upon applications, shall have the power to vary or modify strict provisions, so as to relieve such difficulty or hardship; provided such variances, modifications, interpretations shall remain in harmony with the general purpose and intent of said provisions, so that the architectural or historical integrity, or character of the property, shall be conserved and substantial justice done. In granting variances, the HPC may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this article. An undue hardship shall not be a situation of the person's own making. (i) Deadline for approval or rejection of application for a certificate of appropriateness. (1) The HPC shall approve or reject an application for a certificate of appropriateness within 45 days after the filing thereof by the owner or occupant of a historic property, building, structure, object or site. Evidence of approval shall be by a certificate of appropriateness issued by the HPC. Notice of the issuance or denial of a certificate of appropriateness shall be sent by United States certified mail to the applicant and all other persons who have requested such notice in writing filed with the HPC. (2) Should the HPC fail to approve or reject an application for a certificate of appropriateness within 45 days the application shall be deemed automatically approved. (j) Necessary action to be taken by HPC upon rejection of application for a certificate of appropriateness. (1) In the event the HPC rejects an application for a certificate of appropriateness, the HPC shall state its reasons for doing so, and shall transmit a record of such rejection and reasons, in writing, to the applicant. The HPC may suggest alternative courses of action it thinks proper if it rejects the application submitted. The applicant, if he or she so desires, may make modifications to the plans and may resubmit the application at any time after making said modifications. (2) In cases where the application for a certificate of appropriateness covers a material change in the appearance of a structure which would require the issuance of a building permit, the rejection of the application for a certificate of appropriateness by the HPC shall be binding upon the building inspector or other administrative officer charged with issuing building permits and, in such a case, no building permit shall be issued. (k) Requirement of conformance with a certificate of appropriateness. (1) All work performed pursuant to an issued certificate of appropriateness shall conform to the requirements of such certificate. In the event work is performed not in accordance with such certificate, the HPC may request that the city obtain a cease and desist order from the appropriate tribunal and all work shall cease. (2) The Milton City Council or the HPC may, of its own initiative or at the request of the HPC, initiate any appropriate action or proceeding in a court of competent jurisdiction to prevent Formatted: Font color: Purple Formatted: Pattern: Clear (Background 1) Formatted: Pattern: Clear (Background 1), Not Highlight Formatted: Pattern: Clear (Background 1) Formatted: Strikethrough Formatted: Font color: Custom Color(RGB(171,37,171)) MARCH 27, 2012 PLANNING COMMISSION CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 PC changes are in purple. Page 12 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font color: Accent 4 Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt any material change in appearance of a designated historic property, except those changes made in compliance with the provisions of this ordinance or to prevent any illegal act or conduct with respect to such historic property. (l) Certificate of appropriateness void if construction not commenced. (1) A certificate of appropriateness shall become void unless the work described in the application for a certificate of appropriateness as approved by the HPC has commenced within six months of the date of issuance. (2) A certificate of appropriateness shall expire after 18 months unless said certificate is renewed. A certificate of appropriateness may be renewed for a single 18-month period. An application for renewal must be submitted to the Community Development Director prior to the expiration of the original certificate of appropriateness. The Director shall approve the application for renewal provided the project is not in violation of any City Ordinance. (m) Recording an application for a certificate of appropriateness. The HPC shall keep a public record of all applications for a certificate of appropriateness, and of all the HPC's proceedings in connection with said application. These records shall be maintained at city hall. (n) Acquisition of property. The HPC may, where such action is authorized by the Milton City Council and is reasonably necessary or appropriate for the preservation of a historic property, enter into negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise, to the property or any interest therein. If property is conveyed based upon the efforts of the HPC, the property interest shall be conveyed in the name of the City of Milton, Georgia. (o) Appeals. Any person adversely affected by any determination made by the HPC relative to the issuance or denial of an application for a certificate of appropriateness may appeal such determination to the Milton City Council. Any such appeal must be filed with the Milton City Council within 15 days after the issuance of the determination pursuant to subsection (g) of this section, or in the case of a failure of the Commission to act, within {FIFTEEN (15) DAYS} of the expiration of the forty-five (45) day period allowed for the Commission action, Section (h) 1 of this Ordinance.. The Milton City Council may approve, modify, or reject the determination made by the HPC, if the governing body finds that the HPC abused its discretion in reaching its decision. Appeals from decisions of the Milton City Council may be taken to the Superior Court of Fulton County via a writ of certiorari. (Ord. No. 10-06-65, § V, 6-25-2010) Sec. 64-2456. - Maintenance of historic properties; Building and zoning code provision. (a) Ordinary maintenance or repair. Ordinary maintenance or repair of any exterior architectural or environmental feature in or on a historic property to correct deterioration, decay, or to sustain the existing form, and that does not involve a material change in design, material, or outer appearance thereof, does not require a certificate of appropriateness. (b) Formatted: Not Highlight Formatted: Font: 9 pt Formatted: Font: 9 pt, Font color: Accent 4 Formatted: Font: 9 pt, Font color: Purple Formatted: Font: 9 pt MARCH 27, 2012 PLANNING COMMISSION CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 PC changes are in purple. Page 13 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font color: Accent 4 Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt Failure to provide ordinary maintenance or repair. Property owners of historic properties or properties within historic districts shall not allow their buildings to deteriorate by failing to provide ordinary maintenance or repair. The HPC shall be charged with the following responsibilities regarding deterioration by neglect: (1) The HPC shall monitor the condition of historic properties and existing buildings in histori c districts to determine if they are being allowed to deteriorate by neglect. Such conditions as broken windows, doors and openings which allow the elements and vermin to enter, and the deterioration of a building's structural system shall constitute failure to provide ordinary maintenance or repair. (2) In the event the HPC determines a failure to provide ordinary maintenance or repair, the HPC will notify the owner of the property and set forth the steps which need to be taken to remedy the situation. The owner of such property will have 30 days in which to do this. A building permit may be required to accomplish the necessary remedial measures. (3) In the event that the condition is not remedied in 30 days, the owner shall be sanctioned as provided in section 64-2457 of this article and, upon approval of the Milton City Council, the HPC may perform such maintenance or repair as is necessary to prevent deterioration by neglect. The owner of the property shall be liable for the cost of such maintenance and repair performed by the HPC and shall reimburse the City of Milton for same. In the event reimbursement does not occur, the Milton City Council shall have the right to recover same using all available legal means, including the placement of liens on the property in accordance with law. (c) Affirmation of existing building and zoning codes. Nothing in this article shall be construed as to exempt property owners from complying with existing city or county building and zoning codes. (Ord. No. 10-06-65, § VI, 6-25-2010) Sec. 64-2457. - Penalty provisions. A person, firm, corporation or other entity commits an offense if he/she/it violates this article. Each day the offense continues constitutes a separate offense. The following penalties, which are nonexclusive, and the exercise of one or more of which shall not preclude exercise of the others, shall be imposed on those persons or entities found to have violated this article: (a) The same penalties as set forth in the zoning chapter of the City for all violations of requirements set forth in the said zoning chapter; or (b) The penalties set forth in Section 1-5 of the Code of Ordinances of the City for non-zoning violations. (c) Restrictions on future development. If a historic property is demolished or relocated without a certificate of appropriateness, or in the event the plans are changed for the property from which the resource was removed without approval of the changed plans by the HPC, then the following restrictions, in addition to any other penalties or remedies set forth in this article, shall be applicable to the site where the structure or property was formerly located: Formatted: Font color: Text 1 Formatted: No underline, Font color: Text 1 MARCH 27, 2012 PLANNING COMMISSION CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 9, 2012 PC changes are in purple. Page 14 of 14 Formatted: Centered Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font color: Accent 4 Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 10 pt 1). No building or other permits will be issued for construction on the site, with the exception of a permit to restore such structure or property after obtaining a certificate of appropriateness, for a period of five years after the date of such demolition or removal. 2). No permits shall be issued by the City for any curb cuts on the site for a period of five years from and after the date of such demolition or removal. 3.) No parking lot for vehicles shall be operated whether for remuneration or not on the site for a period of five years from and after the date of such demolition and removal. 4). The owner of the site shall maintain the site in a clean and orderly state and shall properly maintain all existing trees and landscaping on the site. When these restrictions become applicable to a particular site, the building official shall cause to be filed a verified notice thereof in the Real Property Records of Fulton County and such restrictions shall then be binding on future owners of the property. (4d) Civil action. As an additional remedy in addition to the penalties stated above, the City may take all necessary civil action to enforce the provisions hereof and may seek appropriate legal or equitable remedies or relief. (Ord. No. 10-06-65, § VIII, 6-25-2010) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ12-03 AN ORDINANCE TO AMEND SECTION CHAPTER 64, ARTICLE XVIII, OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO AMEND THE HISTORIC PRESERVATION COMMISSION ORDINANCE BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 23rd at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Chapter 64, Article XVIII, to amend various portions of this article including definitions, creation of the Historic Preservation Commission, and appeals section 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 23rd day of April, 2012 _________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Deborah Harrell, Police Chief Date: Submitted on March 8, 2012 for April 9, 2012 City Council Meeting Agenda Item: Resolution to Adopt the Personnel Policy of the Milton Police Department CMO (City Manager’s Office) Recommendation: Adopt the attached resolution accepting the Milton Police Department Personnel Policy Manual. Background: The City of Milton Police Department has created its own Personnel Policy Manual to address issues specific to the operations of a police department in order to comply with law, best practices and State Certification standards. This manual compliments, and is in addition to the policies set forth in the City’s personnel manual. The Milton Police Department Manual is available from the City Clerk’s Office upon request. Discussion: According to the City’s Charter, the Police Department Personnel Policy Manual is required to be adopted through a Resolution by City Council. This manual will be frequently updated as the agency works on attaining National Accreditation through the Commission on Accreditation for Law Enforcement Agencies. Concurrent Review: Chris Lagerbloom, City Manager Sam Trager, Director of Human Resources Page 1 of 2 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION TO ADOPT THE PERSONNEL POLICY OF THE CITY OF MILTON POLICE DEPARTMENT THE COUNCIL OF THE CITY OF MILTON HEREBY RESOLVES while in regular session at 6:00 PM on the 9th day of April, 2012 as follows: WHEREAS, the City of Milton was incorporated upon the passing of the House Bill 1470 in the 2006 Legislative Session of the Georgia General Assembly; and WHEREAS, the Mayor and Council are the governing authority of the City of Milton; and WHEREAS, the Mayor and Council are charged with the protection of the health, safety and welfare of the citizens of Milton; and WHEREAS, the Police Department in conjunction with the City Human Resource Director has comprehensively developed the Personnel Policies Handbook, consisting of policies relating to Personnel Administration; Attendance and Work Hours; Employee Status Changes; Hiring and Selection; Performance Management and Review; Termination; Use of City Property and Equipment; Compensation; Employee Benefits; Employee Leave; Standard of Conduct; Discipline; and Grievance Procedures in order to provide guidance and direction to city police department staff and employees, to establish standard policies for recurring matters, to establish strong personnel management policies and legal compliance, and to provide for an efficient and effective means to operate the police department; and WHEREAS, the City Police Department intends to utilize these policies and procedures in all applications which warrant such oversight. NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY COUNCIL. By passage of this resolution, the City of Milton Mayor and City Council hereby adopt the Personnel Polices of the City of Milton Police Department. Page 2 of 2 RESOLVED this 9th day of April, 2012. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk (Seal) 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF MILTON, GEORGIA RENEWING AND EXTENDING A MORATORIUM ON THE ENFORCEMENT OF THE TELECOMMUNICATIONS OPERATING LICENSE FEE ASSOCIATED WITH ANNUAL REGISTRATION FOR OWNERS AND USERS OF TELECOMMUNICATION FACILITIES WHEREAS, the Mayor and City Council presently have in effect a regulatory framework set forth in Chapter 54 of the City of Milton City Code (“City Code”) wherein private entities may apply for and receive permits to construct and utilize telecommunications Towers; and WHEREAS, in accord with this framework, section 54-8(c) of the City Code requires owners or users of new or existing telecommunications facilities to annually register and obtain a “telecommunications operating license,” for which the City has established a fee of $1,000 (“telecommunications license fee”), in order to collect current information regarding telecommunication permit holders and to cover the costs of inspecting and documenting the condition of permitted towers, antennae, and other telecommunications facilities; and WHEREAS, on July 6, 2011, the City of Milton, Georgia adopted a Resolution Establishing a Moratorium on the Enforcement of the Telecommunications Operation License Fee Associated with Annual Registration for Owners and Users of Telecommunication Facilities (Previous Moratorium); and WHEREAS, the Previous Moratorium was adopted with the intention of allowing the City of Milton to monitor litigation in another local government jurisdiction pertaining to the same sort of regulatory fee (the Liberty County litigation) – in order to take reasonable precautions to ensure that Milton taxpayers were not required to fund a defense of this telecommunications tower inspection fee; and WHEREAS, by its express terms, the Previous Moratorium was to expire upon the earlier of 1) the final conclusion of the Liberty County litigation; or 2) nine months from the adoption of this moratorium; at which time the Mayor and City Council may consider whether further extension of the moratorium is reasonable and in the interest of the public health, safety, and welfare; and WHEREAS, the Liberty County litigation is not resolved, but the City Attorn ey has received information that Liberty County is modifying its regulatory fee downward as a mechanism to resolve the litigation; and WHEREAS, the City of Milton believes that an additional six (6) month extension of the Previous Moratorium will work to serve the public health, safety and welfare of the citizens of Milton. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MILTON, GEORGIA, AS FOLLOWS: 2 1. That the Previous Moratorium, a copy of which is attached hereto and incorporated herein, is hereby renewed and extended until the earlier of: (a) six (6) months from the date of adoption of this Resolution, or (b) such time as that provision of the City of Milton Schedule of Fees referencing section 54-8(c) is modified in accord with the recommendation of the City Attorney, the Director of Community Development, and the City Manager; and, 2. The moratorium adopted by this Resolution does not limit the ability of property owners to develop their land as currently zoned, nor does this moratorium prohibit consideration of permit applications, nor does it prohibit the construction of telecommunication Towers where a permit has been issued; This Resolution shall become effective immediately upon adoption. SO RESOLVED, the public’s health, safety, and welfare demanding it. This 9TH day of April, 2012. _________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon City Clerk (Seal) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 11-07-183 A RESOLUTION OF THE CITY OF MILTON, GEORGIA ESTABLISHING A MORATORIUM ON THE ENFORCEMENT OF THE TELECOMMUNICATIONS OPERATING LICENSE FEE ASSOCIATED WITH ANNUAL REGISTRATION FOR OWNERS AND USERS OF TELECOMMUNICATION FACILITIES WHEREAS, the City of Milton, Georgia has been and continues to be a thriving municipality in an area where the demand for wireless telecommunication services is continuing unabated; and WHEREAS, as a result of the demand for cellular telecommunication devices, information delivery devices and other wireless products, the City of Milton has experienced an increased interest by the telecommunications industry in the siting and construction of towers and tower accessory structures for the provision of telecommunications services (together "Tower" or "Towers"); and WHEREAS, the Mayor and City Council presently have in effect a regulatory framework set forth in Chapter 54 of the City of Milton City Code ("City Code") wherein private entities may apply for and receive permits to construct and utilize telecommunications Towers; and WHEREAS, in accord with this framework, section 54-8(c) requires owners or users of new or existing telecommunications facilities to annually register and obtain a "telecommunications operating license," for which the City has established a fee of $1,000 ("telecommunications license fee"), in order to collect current information regarding telecommunication permit holders and to cover the costs of inspecting and documenting the condition of permitted towers, antennae, and other telecommunications facilities; and WHEREAS, the Mayor and City Council are aware that representatives of the telecommunications industry have expressed an intention to challenge the enforcement of the City's telecommunications license registration and fee; and WHEREAS, the Mayor and City Council are aware that similar regulations of telecommunications facilities imposed by Liberty County, Georgia are currently the subject of litigation as to the enforceability of the regulations ("Liberty County litigation"); and WHEREAS, the Mayor and City Council of the City of Milton find and believe that the public health, safety and welfare is best served by awaiting a determination from the Liberty County litigation before attempting to enforce the telecommunications license fee in the face of potential legal challenges; and WHEREAS, the Mayor and City Council find that adopting a moratorium on enforcement of the telecommunications operating license registration and fee until a final decision is rendered in the Liberty County litigation, but in no event longer than nine months, is narrowly tailored and the least restrictive means available to address the City of Milton's needs and interests both in terms of the time period described herein and in terms of the moratorium's narrow impact of only affecting collection of telecommunications license fees; and WHEREAS, the Mayor and City Council find adopting a moratorium on enforcement of the telecommunications operations license registration and fee until a final decision is rendered in the Liberty County litigation, but in no event longer than nine months, to be in the best interests of the public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MILTON, GEORGIA, AS FOLLOWS: The Mayor and City Council do hereby adopt a moratorium on the enforcement of the requirement for registering and obtaining an annual telecommunications operations license and paying the telecommunications license fee beginning immediately upon the adoption of this moratorium and ending upon the earlier of: 1) the final conclusion of the Liberty County litigation; or 2) nine months from the adoption of this moratorium; at which time the Mayor and City Council may consider whether further extension of the moratorium is reasonable and in the interest of the public health, safety, and welfare. The moratorium adopted herein does not limit the ability of property owners to develop their land as currently zoned, nor does this moratorium prohibit consideration of permit applications, nor does it prohibit the construction of telecommunication Towers where a permit has already been issued; This Resolution shall be effective after public hearing upon a majority vote by the City Council as ratified by the Mayor of the City of Milton. SO RESOLVED, the public's health, safety, and welfare demanding it. This 6T" day of July, 2011. Attest: Sudie AM Gordon City Clerk 2 Joe Lockwood, Mayor Chapter 54 - TELECOMMUNICATIONS Sec. 54-8. - Maintenance of facilities. - Page 1 of 1 (a) All telecommunications facilities and related landscaping shall be maintained by the facility owner in good condition, order, and repair so that they shall not endanger the life or property of any person, nor shall they be a blight upon the property as determined by the community development director. (b) All maintenance or construction on telecommunications facilities shall be performed by persons employed by or under contract to the owner between the hours of 8:30 a.m. and 5:30 p.m. Monday through Friday except in cases of emergency or when an after-hours permit is obtained pursuant to the City of Milton Noise Ordinance. Access to facilities on city -owned property shall be determined on a case-by-case basis by the department responsible for such property. The hours of access to City sites shall not exceed those specified above. Persons may not be present on site unless performing construction or maintenance at such site. (c) The owner or user of any new or existing telecommunications facility shall be required to register and obtain a "telecommunications operating license" from the community development department on or before July 31 each and every calendar year. The telecommunications operating license shall serve as a mechanism for obtaining current information regarding telecommunication permit holders and annually inspecting and documenting the condition of permitted towers, antennas, and other telecommunications facilities. The telecommunications operating license application shall be on such forms as may be prepared by the community development department. No telecommunications operating license application shall be considered by the community development department until it is complete and accompanied by all necessary documents, papers, proof of liability insurance, and other evidence of eligibility as may be set forth or otherwise required by the application. All telecommunications towers, each antenna array located thereon, on a rooftop or other location, shall each obtain a separate license, paying a separate fee for each such license. A license is not transferable or assignable. (1) A telecommunications operating license or application therefore under this chapter may be denied, suspended or revoked only if one or more of the following exists: a. The applicant or licensee has failed to obtain any certificate, approval, or document necessary as may be required by any office, agency or department of the city, county, state or united states under authority of any law, ordinance or resolution of the city, county, state or United States. b. The applicant or licensee has supplied false information to the operating permit officer or the governing authority. C. The applicant or licensee has violated any city, county, state or federal law, or any ordinance or resolution regulating the telecommunications tower and antenna. d. The applicant or licensee has failed to pay any fee required under this chapter, including the annual licensing renewal, has failed to make a return or pay a tax due to the Fulton County Tax Commissioner in connection with its business or any predecessor business (to include, without limitation, occupational tax or real or personal property ad valorem tax); provided, however, that a telecommunications operating license may not be denied, suspended or revoked under this chapter with respect to ad valorem taxes (whether real or personal property) (i) due in the current calendar year; (ii) presently the subject of lawful appeal; or (iii) not collectible by virtue of duly enacted statute, ordinance, or other law. For purposes of this subsection, a predecessor business (whether a sole proprietorship, corporation, partnership, or other entity) shall be a business engaged in substantially the same or related business as the applicant and from whom the applicant acquired title to or possession of a substantial portion of its business property, either directly or indirectly, whether real or personal, and for which taxes are outstanding. e. There are conditions on the premises or in the business operations conducted thereon that endanger public health or safety. f. The telecommunications facility and/or property have not been adequately maintained according to the standards of this chapter, including painting, landscaping, screening, and fencing. 9- The applicant or licensee fails to cooperate with any officer, agent or employee of the city who is authorized or directed to inspect the premises used for or in connection with a telecommunications tower or antenna. h. A new owner of an existing telecommunications facility fails to submit a license application and license fee when any change of ownership occurs. (d) Any antenna or tower that is (1) not operated for a continuous period of 12 months or (2) is not properly maintained or (3) is not in possession of a current and valid license shall be considered abandoned, and the owner of such antenna or tower shall remove same and any structures housing supporting equipment within 90 days of receipt of notice from the governing authority of such abandonment. If such antenna or tower is not removed or returned to good condition within said 90 days, the governing authority may remove such antenna or tower at the owner's expense and a lien shall be placed upon the property. In the event that an antenna or tower is not in possession of required licensure the city, in its discretion may, instead of requiring removal of said tower or antenna, may treat same as a code violation and impose daily citations to compel compliance. (Ord. No. 10-08-70, § 1, 8-9-2010) http://Iibrary.municode.com/HTML/14592/level2/THCOMIGE CH54TE.html 3/26/2012 Appendix A - FEES AND OTHER CHARGES Page 1 of 2 54-5 Application fee $2,000.00 plus the actual consulting cost up to $7,500.00 (d) 54-8 Telecommunications operating $1,000.00 per tower and $1,000.00 per antenna array (c) License 54_11 Lease application fee $250.00 legal processing and $50.00 administrative fee (d) 5454=19 Lease compensation As negotiated by the city manager or designee and (a) approved by city council 54_19 Late lease payments 2% of the annual rental fee for each day or portion (a) thereof beyond the due date Chapter 56—Traffic and Vehicles 56`70 Charges and penalties for $0.05 per pound for all excess weight, except for (b) violation of provision subject to vehicles permitted to exceed the weight limitation, or vehicle weights and Loads are permitted under a "superload" or "superload plus" permit wherein the penalty would be $6.25 per pound for excess weight Chapter 58—Utilities 585839 Penalty for violation of water Second and subsequent violations Not [to] exceed $1,000.00 (2) uses 58- Civil penalty for violation of Not [to] exceed $1,000.00 for each day the violation 129 water uses remains unremedied after receipt of the notice of (a) violation 58- Criminal penalties for violation Not [to] exceed $1,000.00 129 of water uses (b) Chapter 60—Vegetation 606020 Penalties for violation Not [to] exceed $1,000.00 per violation per day (a) 6060=50 Tree protection signs Alt tree protection fences must be accompanied by "Stay $5.00 per sign (b)(2) Out" and "Tree Save" signage, which may be purchased from community development for a fee 606048 Penalty for violation of specimen If a specimen trees are removed or have their root The unit value of the specimen tree is doubled and that trees protection zones disturbed without permission becomes the unit value that must be compensated for Chapter 62—Vehicles for Hire 6262=24 License fee License fees are levied per annum for each taxicab $50.00 annual taxicab permit, $50.00 each annual (a) maintained or operated, and per annum for each drivers driver's permit, $50.00 annual certificate of public permit, and for certificate of public necessity necessity Chapter 64—Zoning 64- Inclusionary housing (in -Lieu TBD 360 fees) (2)c 64- Administration of inclusionary TBD 366 housing 64- Media production permit fee Based on permit type requested and minimum processing Low impact permit fee—$100.00, high impact permit 1616 time fee—$250.00, additional $100.00 per day for any permit (8)c. received less than the minimum number of processing days required in subsections 64-1616(5)a. and 64-1616(6) a. 64- Application fee for a concurrent Residential districts: R-1, R-2, R -2A, R-3, R -3A, R-4, R -4A, R- $250.00 plus $50.00 for each additional concurrent 1890 variance 5, R -5A, NUP, CUP, MHP variance requested on the same piece of property (c)(1) AG -1, R-6, TR, A, A-1, 0-I, C-1, C-2, M -1A, M-1, M-2, MIX and $350.00 plus $100.00 for each additional concurrent nonresidential uses in residential districts listed above variance requested on the same piece of property ALL signs $350.00 plus $100.00 for each additional request 64- Appeal application 1938 Single-family residential zoning districts and AG -1 district $250.00 plus $50.00 for each additional variance request for residential uses only on the same piece of property Multifamily districts, nonresidential districts, and $350.00 plus $100.00 for each additional variance commercial uses in residential or AG -1 districts request All signs $350.00 plus $100.00 for each additional variance request 64- Rezoning petition 2175 To Acreage AG -1, R-1, R-2, R -2A, R-3, R -3A, R-4, R -4A, R-5, R -5A 0 to 5 $500.00 5+ to 10 $1,000.00 http://Iibrary.municode.com/HTML/14592/level2/THCOMIGE APXAFEOTCH.ht nl 3/26/2012