GA - Duluth: Work Session Agenda

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Work Session Agenda

PLEASE NOTE: This and other city meetings may be audio and/or videotaped for broadcast, transcription and/or archival purposes. As set forth in the

Americans with Disabilities act (ADA) of 1992, the City of Duluth government does not discriminate on the basis of disability in the admission or access to or treatment of employment in its programs or activities, and complies with the requirements contained in section 35.107 of the Department of Justice regulations. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program, or activity of the City of Duluth government should be made seven days prior to the event. Inquiries should be directed to the ADA Coordinator in the Planning Department, located at 3167 Main Street, Duluth, GA. 30096, telephone (770) 476-1790.
Tagged Passions:planning, regulation, streets, disability, events, program, and employment

Nancy Harris, Mayor Marsha Anderson Bomar, Post 1

Kirkland Carden, Post 2


Tagged Passions:council

CITY OF DULUTH, GA 3167 Main Street Duluth, GA 30096

Tagged Passions:streets

Billy Jones, Post 3 Kelvin J. Kelkenberg, Post 4

Greg Whitlock, Post 5


The leaders and staff of the City of Duluth are dedicated to ensuring that Duluth is:

an Attractive Destination, a Quality Community, a World Class Government, and promotes a Sustainable Economic Environment.

Tagged Passions:Conservation and environment



Five minutes per person, maximum 6 speakers. Sign-up sheet available.



Tagged Passions:public safety

SUMMARY: Earlier this year the Council awarded a contract to 5 Seasons Mechanical to complete a test and balance of the HVAC system at the Public

Safety Building. The project also required the contractor to replace 15 controllers that were identified as not working. The 15 controllers have been replaced and the contractor is now recommending the 35 remaining controllers also be replaced. The contractor has noted the existing 35 controllers are no longer supported by the system program software and as a result adjustments are limited.
Tagged Passions:council, contract, public safety, program, information technology, and Information Technology

Separately, one of three compressors to the HVAC chiller system has failed. Currently the system is running at only 2/3 capacity. Staff will provide

a presentation and budget strategy should Council decide to replace the 35 controllers and chiller compressor.
Tagged Passions:council, strategic, and budget

IMPACT TO BUDGET: Requires budget amendment.

Tagged Passions:budget

M C Work Session Agenda September 23, 2019

Page 2 of 3



Tagged Passions:construction and intergovernmental

SUMMARY: As the next step in the process, the Rogers Bridge project delivery team is preparing to let the project to construction in the spring of

2020. As with previous phases, this phase will require an intergovernmental agreement (IGA) between the City of Duluth and our partner agencies - City of Johns Creek, Gwinnett County, and Fulton County.
Tagged Passions:construction and intergovernmental

The current IGA has been reviewed by all four agencies and vetted by their respective attorneys. Each agency will need to have the IGA signed and

executed prior to November 22.
Tagged Passions:legal

The IGA budgets are based on current construction cost estimates and current scheduled grants from ARC and GDOT. The actual budgets will not be

available until the construction bids come in, are reviewed, and accepted by Duluth, GDOT, and FHWA.
Tagged Passions:rfp, RFP, grant, construction, and budget

IMPACT TO BUDGET: Requires budget amendment

Tagged Passions:budget


In March of 2019, Council approved funding for Phase 1 Design, Permitting and Construction documents for the Rogers Bridge trailhead restroom and

park parking. The completed geotechnical study indicated a suitable site for the trailhead/restroom facility that will be centrally located between the two large pavilions, close to the bridge site, and adjacent to the walking path and playground. The proposed parking sites will service both pavilions while maintaining green-space.
Tagged Passions:funding, construction, council, facility, sites, and parking

On September 12, 2019, the Parks and Recreation Advisory Board reviewed and approved the proposed designs for the park parking and trailhead/restroom

Tagged Passions:parking and recreation

Staff is seeking Council approval of design plans for the trailhead/restroom facility and park parking.

Tagged Passions:council, facility, and parking

IMPACT TO BUDGET: Budgeted SPLOST project, City project PK-33.

Tagged Passions:budget


SUMMARY: The Mayor and City Council considered a Text Amendment (TA2019-004) at the September 9, 2019 Council meeting. Said Text Amendment was

modified and approved by City Council. The modification included removing three (3) items from the proposed text amendment. These items were:

1. Action items related to the minimum requirements of the Metropolitan North Georgia Water Planning District s

Tagged Passions:planning, utility, Utility, and water

Water Resource Plan, 2. Including provisions to regulate tractor trailer parking within the City of Duluth, 3. Consider amendments related to murals

and building signs.
Tagged Passions:utility, Utility, water, and parking

Staff will provide a brief presentation on each item and make recommendations for Council to discuss.

Tagged Passions:council


Tagged Passions:budget

M C Work Session Agenda September 23, 2019

Page 3 of 3



1. VETERAN MARKER PROGRAM UPDATE Attachment for review Public Works Director and Councilmember Jones would like to discuss the Veteran Committee

ordinance. Staff will give a brief presentation updating certain matters pertaining to the City of Duluth O/I/PW-06 governing the Veteran's Marker Program.
Tagged Passions:ordinance, program, Public Works, and public works


Tagged Passions:capital spending, Capital Spending, and intergovernmental

At the August work session, staff presented updates on capital improvement projects from our 2014 and 2017 SPLOSTS. Council was asked to consider

options for moving funds between the 2014 and 2017 SPLOST budgets for the purpose of being able to complete one or more projects that would otherwise be underfunded.
Tagged Passions:funding, council, budget, capital spending, and Capital Spending

Gwinnett County is open to amending both IGAs for this purpose, should Council wish to do so. Staff will need to know which projects are a priority

at this time, and which projects will remain on the to-do list for future funding. In the event money is not be shifted between 2014 and 2017 SPLOST budget agreements, staff will need to know which fund-able projects to move forward with at this time.
Tagged Passions:funding, council, grocery, budget, and events


Tagged Passions:streets, neighborhood, and parking

Staff provided two (2) presentations to Council in 2018 related to on-street parking in residential districts. The outcome of those discussions was

to publish an article in Duluth Life related to parking regulations in the City of Duluth. While the article was well received by the community, on street parking in neighborhoods continues to be an issue expressed by many residents.
Tagged Passions:regulation, council, streets, neighborhood, and parking

Staff will provide a presentation updating Council on some of the issues brought to staff's attention over the last several months.

Tagged Passions:council


Tagged Passions:stormwater

The City's current list of on-call contractors for stormwater maintenance and repair projects is expiring at the end of this year. New on-call

contracts need to be in place by January 1, 2020 to ensure there is no gap in services. Planning Staff proposes the following schedule:
Tagged Passions:planning, contract, services, and stormwater

October 11, 2019 - Advertise Request for Proposal for on-call stormwater contractors. November 11, 2019 - Open proposals for on-call stormwater

contractors. November 25, 2019 - Provide results from the proposals to City Council at work session. December 9, 2019 - Approve new list of on-call stormwater contractors at City Council meeting.
Tagged Passions:advertising and stormwater


Tagged Passions:planning, development, and Development

Planning staff to provide the Mayor and Council with an update of land use cases, construction and permits.

Tagged Passions:planning, construction, and council


Tagged Passions:council


The next scheduled meeting of the Mayor and Council is October 14, 2019 in the City Hall Council Chambers at 6:00 p.m.



Tagged Passions:intergovernmental

This INTERGOVERNMENTAL AGREEMENT ( Agreement ) is made and entered into as of the ___day of __________, 2019, by and between the CITY OF DULUTH,

GEORGIA, a municipal corporation in the State of Georgia ( DULUTH ), the CITY OF JOHNS CREEK, GEORGIA, a municipal corporation in the State of Georgia ( JOHNS CREEK ), FULTON COUNTY, a political subdivision of the State of Georgia ( FULTON ), and GWINNETT COUNTY, a political subdivision of the State of Georgia ( GWINNETT ).
Tagged Passions:subdivision and intergovernmental

W I T N E S S E T H:

WHEREAS, DULUTH and JOHNS CREEK are duly chartered municipal corporations authorized by law to enter into intergovernmental agreements; and

Tagged Passions:intergovernmental

WHEREAS, FULTON COUNTY and GWINNETT COUNTY are political subdivisions of the state authorized by law to enter into intergovernmental agreements; and

Tagged Passions:subdivision and intergovernmental

WHEREAS, DULUTH, JOHNS CREEK, FULTON and GWINNETT each have an interest in replacing Rogers Bridge for the purpose of providing a public walking

trail over the Chattahoochee River; and
Tagged Passions:watershed and trails

WHEREAS, a replacement project at Rogers Bridge will replace a historic bridge originally constructed around 1900 to the benefit of DULUTH, JOHNS

Tagged Passions:historic

WHEREAS, The Rogers Bridge Replacement Project will provide a benefit to residents and visitors of all parties to this agreement by allowing for

connections to current and future recreational amenities; and
Tagged Passions:recreation

WHEREAS, the parties wish to work cooperatively to move towards replacement of Rogers Bridge; and

WHEREAS, Article IX, Section III, Paragraph I of the Constitution of the State of Georgia authorizes Intergovernmental Agreements between government

entities for up to fifty (50) years for the provision of services or uses of property not otherwise prohibited by law.
Tagged Passions:services, property, and intergovernmental

NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and valuable consideration, the receipt and

sufficiency of which is hereby acknowledged, DULUTH, JOHNS CREEK, FULTON and GWINNETT do hereby agree as follows:



Section 1 Purpose

The purpose of this Agreement is to allocate responsibility among the parties for the:

A. Construction of the Rogers Bridge Replacement Project.

Tagged Passions:construction

B. Funding, installation, and administration of the Rogers Bridge Replacement Project.

Tagged Passions:funding

Section 2 Term

This Agreement shall become effective upon the date of execution by all parties and shall

continue in full force and effect until July 1, 2025. After the original term of this Agreement, said Agreement shall automatically renew for three

(3) one year periods unless any party provides written notice to the other parties at least one hundred twenty (120) days prior to the expiration of the original term or a renewal term.

Section 3 Matching Funds

Tagged Passions:funding

A. DULUTH, JOHNS CREEK, FULTON and GWINNETT, each individually, agree to

contribute equally to meet the matching fund requirements and any shortfall required for Project Approval by the Georgia Department of

Transportation. This total match amount is estimated at THREE HUNDRED AND FIFTY THOUSAND DOLLARS ( 350,000.00) each. This amount represents a good faith estimate based on the project scope and anticipated construction bids. Actual construction bids will not be known until they are opened, after advertisement.
Tagged Passions:rfp, RFP, construction, transportation, and advertising

B. DULUTH, JOHNS CREEK, FULTON and GWINNETT agree that the match and

shortfall contribution will be used for removal of the existing Rogers Bridge structure, construction of the replacement Rogers Bridge structure with

associated approach trails, and attachment of the replacement water line system to the new bridge.
Tagged Passions:construction, utility, Utility, water, and trails

C. JOHNS CREEK, FULTON, and GWINNETT agree that their individual

contributions shall be submitted to DULUTH within 30 days of their receipt of invoice from DULUTH.

D. To limit project delays, Change Orders will be processed administratively by

DULUTH and approved by the Georgia Department of Transportation and the Federal Highway Administration. Costs incurred due to Change Orders shall be

borne equally by DULUTH, JOHNS CREEK, FULTON and GWINNETT if
Tagged Passions:transportation


additional State and/or Federal funding is not available to cover them. Change Orders requiring budget in excess of the original contributions from

DULUTH, JOHNS CREEK, FULTON and GWINNETT will require written approval from each party.
Tagged Passions:funding and budget

E. At project completion, DULUTH will reconcile actual unit cost items and prorate

lump sum items, as needed, based upon actual units installed during construction of the project to determine DULUTH s, JOHNS CREEK s, FULTON s and

GWINNETT s actual share of the project cost. DULUTH will reimburse JOHNS CREEK, FULTON, and GWINNETT for any project cost savings or invoice JOHNS CREEK, FULTON, and GWINNETT for any project cost overruns attributable to the project as described in this agreement and based upon the advances described in Section 3A above. DULUTH will reimburse JOHNS CREEK, FULTON, and GWINNETT for any project cost savings within sixty (60) days of project close out. If it is necessary for DULUTH to invoice JOHNS CREEK, FULTON, and GWINNETT for project cost overruns, JOHNS CREEK, FULTON, and GWINNETT will reimburse DULUTH within sixty (60) days of the invoice.
Tagged Passions:construction

Section 4

Project Management/Accounting

The parties agree that DULUTH will provide all project management and financial accounting for the project. DULUTH shall report current project

status and direction, at a minimum, monthly to JOHNS CREEK, FULTON and GWINNETT.
Tagged Passions:finance

Section 5

Governing Law

This Agreement shall be deemed to have been made and shall be construed and enforced in accordance with the Constitution and the laws of the State of


Section 6 Entire Agreement

This Agreement expresses the entire understanding and construction agreement between

Tagged Passions:construction

the parties hereto and supersedes any and all prior agreements, negotiations, and communications between the four parties hereto for this project.

Notwithstanding the foregoing, DULUTH, JOHNS CREEK, FULTON and GWINNETT agree to remain bound by the previous intergovernmental agreements to provide funding for preconstruction efforts with regard to this project.
Tagged Passions:funding, communications, Communications, and intergovernmental


Section 7 Severability

The invalidity of any one or more phrases, sentences, clauses or sections contained in this

Agreement shall not affect the remaining portions of this Agreement or any part thereof.

Section 8 Amendments or Modifications

Tagged Passions:housing

No waiver, amendment, release, or modification of this Agreement shall be effective

unless made in writing and executed by all parties hereto.

Section 9 Counterparts

This Agreement may be executed in several counterparts, each of which shall be an

original, and all of which shall constitute but one and the same instrument. This Agreement sets forth the entire understanding between the Parties

to this Agreement pending the execution of the Agreement, and supersedes all previous agreements and understandings between them, oral or written, and may be amended as provided for in this Agreement.

Section 10

Legal Actions

Tagged Passions:legal

Unless otherwise specifically provided herein, nothing in this Agreement is intended to create any rights in any individual, firm, corporation, or

entity not a party to this Agreement. DULUTH, JOHNS CREEK, FULTON and GWINNETT shall not indemnify or hold harmless any other party s agents, officers, servants, or employees, past and present, in connection with this Agreement. Each party hereto shall assume and defend at its own cost, any suit, action or other proceeding brought against it arising from any actions taken by that party s agents, officers, servants, and employees in furtherance of the projects. To the extent it is able under the terms of its agreements with GDOT and FHWA relating to this project, DULUTH will request that any contractor retained or selected by DULUTH to provide services related to the project contemplated in this Agreement, indemnify and hold harmless DULUTH, JOHNS CREEK, FULTON, and GWINNETT as well as their commissioners, officers, officials, employees, and agents, from and against any and all loss and/or expense which they or any of them may suffer or pay as a result of claims or suits due to, because of, or arising out of any and all such injuries, deaths and/or damage. Any contractor retained by DULUTH if requested, may be required to assume and defend at the contractor s own expense, any suit, action or other legal proceedings arising there from in which DULUTH, JOHNS CREEK, FULTON, and GWINNETT, and/or their commissioners, officers, officials, employees, and agents, are named as a party, and the contractor may be required to satisfy, pay, and cause to be discharged of record any judgment
Tagged Passions:legal and services


which may be rendered against DULUTH, JOHNS CREEK, FULTON, and GWINNETT or their commissioners, officers, officials, employees, and agents, arising

there from. To the extent it is able under the terms of its agreements with GDOT and FHWA relating to this project DULUTH will ensure that the provisions of this Article are included in all contracts and subcontracts relating to the construction of this project.
Tagged Passions:construction and contract

Section 11 Insurance

Tagged Passions:insurance

Prior to beginning work, DULUTH shall cause its contractors to obtain and furnish certificates of insurance in which DULUTH, JOHNS CREEK, FULTON, and

GWINNETT are named as an Additional Insured. Minimum coverage amounts will be based on FHWA and/or GDOT requirements. If FHWA and/or GDOT do not provide minimum requirements for the construction contract for this project, the following minimum amounts of insurance will be required prior to the undertaking of any of the activities contemplated under this Agreement, as applicable:
Tagged Passions:construction, contract, and insurance

i. Workers Compensation Employer s Liability Insurance. Workers Compensation Insurance in compliance with the applicable Workers Compensation Act(s)

of the state(s) wherein the work is to be performed or where jurisdiction could apply in amounts required by statutes. Employer s Liability Insurance, with limits of liability of not less than 1,000,000 per accident for bodily injury or disease.
Tagged Passions:compensation, insurance, and compliance

ii. Commercial General Liability Insurance, including contractual liability insurance, products and completed operations, personal injury, bodily

injury, property damage and advertising injury, and any other type of liability for which this Contract applies with limits of liability of not less than 1,000,000 each occurrence/ 2,000,000 policy aggregate for personal injury, bodily injury, and property damage. Commercial General Liability Insurance shall be written on an occurrence form. Insurance shall not contain Exclusion- Explosion, Collapse and Underground Property Damage
Tagged Passions:contract, advertising, insurance, property, commercial, and policy

iii. Automobile Liability Insurance with limits of liability of not less than 1,000,000 per accident for bodily injury and property damage. Insurance

shall include all owned, non- owned and hired vehicle liability.
Tagged Passions:transportation, insurance, and property

iv. Umbrella Insurance with limits of liability excess of Employer s Liability Insurance, Commercial General Liability Insurance, and Automobile

Liability Insurance in the amount of not less than 3,000,000.
Tagged Passions:transportation, insurance, and commercial

v. Contractors Pollution Legal Liability Insurance and/or Asbestos Legal Liability Insurance applicable to the work to be performed with limits not

less than 2,000,000 per occurrence or claim/ 2,000,000 policy aggregate. Insurance policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including
Tagged Passions:legal, services, insurance, and policy



vi. Professional (Errors and Omissions) Liability Insurance- Insurance appropriate to the Contractor s profession with limits of liability of not

less than 3,000,000 per occurrence or claim / 3,000,000 policy aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Contract. The policy shall be amended to include independent contractors providing professional services on behalf of or at the direction of the Contractor. The definition of Contractual Liability shall be amended to state that liability under a contract of professional services is covered. The Contractor shall ensure that coverage under this policy continues for a period of thirty-six (36) months after completion of services.
Tagged Passions:contract, services, insurance, and policy

vii. Valuable Papers Insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating

to the work contemplated under this agreement.
Tagged Passions:insurance

Insurance shall be maintained in full force and effect during the life of this Agreement and until final completion of the work contemplated under

this Agreement. The scope and coverage of the insurance protection shall extend beyond the completion of the project until the expiration of any applicable statutes of limitations. DULUTH shall retain the right to satisfy any or all of its insurance obligations under this Agreement by means of a Self-Funded Plan or Program. Nothing herein shall be construed as a waiver of either party s sovereign immunity as a governmental body, or waiver of any governmental immunities available to its officers, officials, employees or agents.
Tagged Passions:program and insurance

Section 12 Review of Work

Authorized representatives of JOHNS CREEK, FULTON, and GWINNETT may at all reasonable times, upon reasonable notice, review and inspect the

activities and data collected under the terms of this Agreement and any amendments thereto, including but not limited to, all reports, drawings, studies, specifications, estimates, maps and computations prepared by or for DULUTH or its contractors.

DULUTH shall keep accurate records with regard to the activities conducted under this Agreement and submit to JOHNS CREEK, FULTON, and GWINNETT upon

request, such information as is required in order to ensure compliance with this agreement.
Tagged Passions:compliance

Section 13 No Third-Party Beneficiaries.

This Agreement is entered into solely for the benefit of DULUTH, JOHNS CREEK, FULTON, and GWINNETT and no other person or entity shall be considered

a third-party beneficiary by virtue of this Agreement or otherwise entitled to enforce the terms of this Agreement for any reason whatsoever.


Section 14 Assignment; Binding Effect.

The rights and obligations of the Parties under this Agreement are personal and may not be assigned without the prior written consent of DULUTH,

JOHNS CREEK, FULTON, and GWINNETT. Subject to the foregoing, this Agreement shall be binding upon and enforceable against, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns.

Section 15 Notices

All notices, certificates or other communications hereunder shall be sufficiently given

Tagged Passions:communications and Communications

and shall be deemed given when mailed by registered or certified mail, return receipt requested, postage prepaid to the parties hereto at the

following addresses or such other addresses designated by such party in writing:

Gwinnett County: County Administrator Gwinnett County Board of Commissioners 75 Langley Drive Lawrenceville, Georgia 30046

Tagged Passions:administrator

With a copy to: County Attorney Gwinnett County Department of Law 75 Langley Drive Lawrenceville, Georgia 30046

Tagged Passions:legal

Fulton County: County Manager Office of the County Manager 141 Pryor Street, SW 10th Floor Atlanta, Georgia 30303

Tagged Passions:streets, administrator, and manager

With a copy to: County Attorney Office of the County Attorney 141 Pryor Street, SW 10th Floor Atlanta, Georgia 30303

Tagged Passions:legal and streets


City of Johns Creek: City Manager City of Johns Creek, Georgia

Tagged Passions:administrator and manager

11360 Lakefield Drive Johns Creek, Georgia 30097

With a copy to: Richard A. Carothers, City Attorney E. Ronald Bennett, Jr., Asst. City Attorney

Tagged Passions:legal

Carothers Mitchell, LLC 1809 Buford Highway Buford, Georgia 30518

City of Duluth: City Manager City of Duluth, Georgia 3167 Main Street Duluth, Georgia 30097

Tagged Passions:streets, administrator, and manager

With a copy to: Stephen D. Pereira, City Attorney Thompson, Sweeny, Kinsinger Pereira, P.C. P.O. Drawer 1250 Lawrenceville, Georgia 30046

Tagged Passions:legal

IN WITNESS WHEREOF, DULUTH, JOHNS CREEK, FULTON and GWINNETT acting by and through their duly authorized agents, have caused this Agreement to be

executed in multiple counterparts under seals on the date indicated herein.



By: _________________________________

Print Name and Title: Nancy Harris, Mayor

Date: _______________________________

Attest: _______________________________

Print Name and Title: Teresa Lynn, City Clerk




By: ________________________________________

Print Name and Title: Michael E. Bodker, Mayor

Date: _______________________________________

Attest: _____________________________________

Print Name and Title: Joan C. Jones, City Clerk




By: ________________________________________

Robert L. Pitts, Chairman Board of Commissioners

Date: _______________________________________

Attest: _____________________________________

Jesse A. Harris Clerk to the Commission

Tagged Passions:boards and commissions



________________________________________ Office of the County Attorney

Tagged Passions:legal




Print Name and Title: Charlotte J. Nash, Chairman



Print Name and Title: ________________________



_________________________________________ Assistant County Attorney Gwinnett County, Georgia

Tagged Passions:legal

9-23-19 wk sess pub agenda II-2 RogersBridgeIGA III-1 VetMarkerOrd

Tagged Passions:restaurants

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