HomeMy WebLinkAbout10-06-2008-Packet
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Burt Hewitt
Tina D’Aversa
Alan Tart
Monday, October 6, 2008 Regular Council Meeting Agenda 6:00 PM
INVOCATION
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Mayor)
(Agenda Item No. 08-676)
4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
5) PUBLIC COMMENT
6) CONSENT AGENDA
(Agenda Item No. 08-677)
1. Approval of the September 8, 2008 Special Called Budget Work Session Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 08-678)
2. Approval of the September 8, 2008 Work Session Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 08-679)
3. Approval of the September 15, 2008 Regular Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 08-680)
4. Approval of the September 24, 2008 Special Called Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
Page 1 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA OCTOBER 6, 2008 – 6:00 PM
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.
Agenda Item No. 08-681)
5. Approval of the following Construction Agreements per City Charter requirement:
a. April 15, 2008 - Unit prices and estimated quantities for estimated total from Atlanta
Paving and Concrete Construction Inc for Bell Park handicapped ramps project with
a total cost of $12,498.30; and
b. June 16, 2008 - Construction agreement with Blount Construction Company,
Inc. for Treyburn Run project with a total cost of $18,240; and
c. June 24, 2008 - Construction agreement with Turnkey Services Inc for
addition to restroom at Bell Park project with a total cost of $36,000; and
d. July 8, 2008 - Construction agreement with Hardin Septic Tank and Sewer
Lines Inc for Bell Park septic system project with a total cost of $38,980.
(Dan Drake, Public Works Director)
7) REPORTS AND PRESENTATIONS
1. A Proclamation dedicating October 6, 2008 as “Zack and Thomas Eller Adopt-a- Shelter
Pet” day.
(Presented by Councilmember Julie Zahner Bailey)
8) FIRST PRESENTATION
(Agenda Item No. 08-682)
1. An Ordinance to Amending Chapter 14, Land Development and Environmental
Protection, of the Code of Ordinances for the City of Milton, Georgia.
(Presented by Alice Wakefield, Community Development Director)
(Agenda Item No. 08-683)
2. ZM08-06/VC08-05 - 765 and 785 Mid Broadwell Road, To modify Condition 2.a. and
4.b.of RZ03-140 (ZM06-011 NFC), to modify the site plan and to remove the
requirement that the owner dedicate to Fulton County (City of Milton) the necessary
right-of-way to provide a connector road from Broadwell Road to Mid Broadwell Road
prior to attaining an LDP, or as may be approved by the Director of Public Works. The
applicant is also requesting a concurrent variance to reduce parking from 58 to 39 spaces
(Article 18 Section 2.1).
(Presented by Alice Wakefield, Community Development Director)
(Agenda Item No. 08-684)
3. ZM08-07 - 12659 Itaska Walk, To modify Condition 3.a. of RZ03-156 to reduce the side
set back from 10 ft. to 4 ft along the north property line and to reduce the rear set back
from 20 ft. to 8 ft.
(Presented by Alice Wakefield, Community Development Director)
(Agenda Item No. 08-685)
4. RZ08-09 - To amend Article 22, Appeals of the City of Milton Zoning Ordinance.
(Presented by Alice Wakefield, Community Development Director)
MILTON CITY COUNCIL REGULAR MEETING AGENDA OCTOBER 6, 2008 – 6:00 PM
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.
(Agenda Item No. 08-686)
5. Approval of an Ordinance to Amend Chapter 6 of the Code of Ordinances of the City of
Milton, To Establish the Code of Ethics for the City of Milton; To further and Incorporate
the Policies and Laws of the State of Georgia Relating to Ethical Standards; To Create
the Board of Ethics and Provide for Board Membership, Duties, and Responsibilities; to
Provide for the Disposition of Ethics Complaints; to Ensure Compliance With Ethical
Standards; to Repeal Conflicting Provisions; to Provide for Severability; to Provide for
an Effective Date; and for other Purposes.
(Presented by Ken Jarrard, City Attorney)
9) ZONING AGENDA (None)
10) UNFINISHED BUSINESS
(Agenda Item No. 08-687)
1. Authorize the issuance of permits (LDP, building, CO, etc.) to those parcels
reflected within the sewer delivery area map approved by City Council on September
15, 2008 as long as the applicant provides an approved sewer permit from Fulton
County.
(Presented by Ken Jarrard, City Attorney)
11) NEW BUSINESS
(Agenda Item No. 08-688)
1. Acceptance of the Milton Trail commitment letter from Canine Assistants.
(Presented by Dan Drake, Public Works Director)
(Agenda Item No. 08-689)
2. Approval of a Memorandum of Agreement to participate in the North Fulton
Comprehensive Transportation Plan (CTP).
(Presented by Dan Drake, Public Works Director)
(Agenda Item No. 08-690)
3. Approval of a change order in the amount of $65,000 revising the City of Milton and
CH2MHILL contract for additional services for National Pollutant Discharge
Elimination System (NPDES) Stormwater in 2008.
(Presented by Dan Drake, Public Works Director)
(Agenda Item No. 08-691)
4. Approval of an agreement with Blount Construction Company, Inc. for gravel road
reconstruction in the amount not to exceed $201,297.60.
(Presented by Dan Drake, Public Works Director)
(Agenda Item No. 08-692)
5. Approval of a professional services agreement with Peek Pavement Marking, LLC for
Annual Citywide Street Striping.
(Presented by Dan Drake, Public Works Director)
MILTON CITY COUNCIL REGULAR MEETING AGENDA OCTOBER 6, 2008 – 6:00 PM
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.
(Agenda Item No. 08-693)
6. Approval of a Resolution to Create the Milton Grows Green Committee and its
Governing Board and for Other Designated Purposes.
(Presented by Councilmember Julie Zahner Bailey)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
14) EXECUTIVE SESSION (if needed)
(Agenda Item No. 08-694)
15) ADJOURNMENT
The minutes will be
Provided
electronically
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Dan Drake, Public Works Director
Date: September 18, 2008 for the October 6, 2008 Council meeting
Agenda Item: Consent Agenda for Construction agreements
Engineer Recommendation:
Staff presents construction agreements for consent agenda for October 6, 2008 City Council
meeting, per the City Charter requirements for a valid contract.
Background:
April 15, 2008 - Unit prices and estimated quantities for estimated total from Atlanta Paving and
Concrete Construction Inc for Bell Park handicapped ramps project with a total cost of
$12,498.30
June 16, 2008 - Construction agreement with Blount Construction Company, Inc for Treyburn
Run project with a total cost of $18,240
June 24, 2008 - Construction agreement with Turnkey Services Inc for addition to restroom at
Bell Park project with a total cost of $36,000
July 8, 2008 - Construction agreement with Hardin Septic Tank and Sewer Lines Inc for Bell
Park septic system project with a total cost of $38,980
Attachments:
Atlanta Paving and Concrete Construction Inc – Bell Park asphalt pavement rehabilitation
Turnkey Services Inc – Addition to restroom at Bell Park
Blount Construction Company, Inc – Treyburn Run sidewalk project
Hardin Septic Tank and Sewer Lines Inc – Bell Park septic system
City of Milton Date: April 15, 2008
13000 Deerfield Parkway, Suite 107G
Milton, GA, 30004
ATTN:Mr. James L. Seeba, PE Project: Jim Bell Park, Milton
Phone: 678-242-2500
Fax: 678-242-2499
email: jim.seeba@cityafmiltonga.us Dimensions: See Below
We are pleased to submit a proposal for the described asphalt pavement rehabilitation project, according to the following
unit prices, terms and conditions: (Quote valid for 30 days) Based on one mobilization only, extra mobilizations to be
billed as additional charges.
Description Quantity Unit Unit Price Estimated Total
Sidewalk per Geosciences Drawing 3-12-08 900 SF $3.75 $3,375.00
To install 4", 3000 PSI Sidewalk 180 If long and 5 ft
in width.
Concrete Pad Extension per Dwg. 3-12-08 above 26
To extend Concrete Pad to End of Existing Bleacher Pad
With 411, 3000 PSI Concrete Slab @ 2 ft by 13 ft
Silt Fence 150
To install about 150 LF of silt fence and misc. erosion
control measures
Grassed Waterway and Grading per Dwg. 3-12-48 1
To install grassed waterway and grading, pipe and Rip Rap
@ 120 LF by 4 ft in width and 12" in depth.
Remove HMA and Install 1$' x 27' Cone. Dwg. 1
To install a 6" 4,000 PSI Slab with WWM for handicap parking
per diagram. Note that we increased thickness from 4" to 6" Jim
as we felt the Engineered Drawing thickness was not adequate
for van traffic. Painting and signage per detail on Dwg.
SF $4.50
LF $6.67
LS $4,450.00
LS $3,555.80
$117-00
$1,000.50
$4,450.00
$3,555.80
Estimated Grand Total $12,498.30
NOTE: Please add the following surcharge for Saturday and Sunday work if applicable:
See page two enclosed for terms and conditions, and approvals section.
6120 Second Street, Doraville Georgia 30360
770-220-0228 Fax: 770-220-2628 aLlpavhi gia:crol.co
4
rate
,
City of Milton Date: April 15, 2008
13000 Deerfield Parkway, Suite 107G
Milton, GA, 30004
ATTN:Mr. James L. Seeba, PE Project: Jim Bell Park, Milton
Phone: 678-242-2500
Fax: 678-242-2499
email: jim.seeba@cityafmiltonga.us Dimensions: See Below
We are pleased to submit a proposal for the described asphalt pavement rehabilitation project, according to the following
unit prices, terms and conditions: (Quote valid for 30 days) Based on one mobilization only, extra mobilizations to be
billed as additional charges.
Description Quantity Unit Unit Price Estimated Total
Sidewalk per Geosciences Drawing 3-12-08 900 SF $3.75 $3,375.00
To install 4", 3000 PSI Sidewalk 180 If long and 5 ft
in width.
Concrete Pad Extension per Dwg. 3-12-08 above 26
To extend Concrete Pad to End of Existing Bleacher Pad
With 411, 3000 PSI Concrete Slab @ 2 ft by 13 ft
Silt Fence 150
To install about 150 LF of silt fence and misc. erosion
control measures
Grassed Waterway and Grading per Dwg. 3-12-48 1
To install grassed waterway and grading, pipe and Rip Rap
@ 120 LF by 4 ft in width and 12" in depth.
Remove HMA and Install 1$' x 27' Cone. Dwg. 1
To install a 6" 4,000 PSI Slab with WWM for handicap parking
per diagram. Note that we increased thickness from 4" to 6" Jim
as we felt the Engineered Drawing thickness was not adequate
for van traffic. Painting and signage per detail on Dwg.
SF $4.50
LF $6.67
LS $4,450.00
LS $3,555.80
$117-00
$1,000.50
$4,450.00
$3,555.80
Estimated Grand Total $12,498.30
NOTE: Please add the following surcharge for Saturday and Sunday work if applicable:
See page two enclosed for terms and conditions, and approvals section.
6120 Second Street, Doraville Georgia 30360
770-220-0228 Fax: 770-220-2628 aLlpavhi gia:crol.co
Special Provisions: Prices do not include the cost of removal or disposal of rock, unsuitable subgrade materials, or hazardous waste
materials. We will not be responsible for actual or consequential damage to underground utilities or structures in the event
said underground utilities or structures were not properly identified prior to commencement of the work.. We will not be
responsible for drainage when design grades or existing conditions provide for a slope of less than 1%. Grading will have been
completed by others within plus or minus 0.l foot with satisfactory compaction in the area to be paved.
No extra work will be performed without written approval by owner.. We will not be responsible for any damage done to the existing
driveway or any damage to the grass, landscape, and sprinkler system. Any additional GAB stone required will be billed at a cost of
$21.50/ton FOB jobsite. Any additional M stone or baby surge stone will be billed at a cost of $22.50/ton FOB jobsite.
Workmanship will be guaranteed against failure for a period of one year from completion excluding physical cuts made by others in
the concrete or asphalt pavement work performed. Contractor shall not be held responsible for any damage that could occur to
internal streets or driveways on property due to the moving of heavy equipment or materials, although the Contractor agrees and
affirms to take all reasonable steps to minimize the risk of such damage. We agree to carry and pay for all workers compensation,
public liability, property damage, unemployment compensations insurance and payroll taxes as required by law.
Terms of Payment: Final measurements will be made upon completion and an invoice prepared using the unit prices above.
Payment in full will be made not later than 30 days after receipt of an invoice. Should any party be required to commence legal action
to vindicate their rights under this contract, the prevailing party shall be entitled to the collection of reasonable attorney's fees. In the
even The OWNER requests in writing that we do any work not called for in our contract, we will record our cost of such work, plus
10% General Overhead and 10% Profit, and prepare "EXTRA WORK." invoices in addition to our Contract invoices. This proposal is
subject to acceptance within 30 days of award of this General Contract by approval of the City Manager. Surcharges are not
applicable to this contract.
ccepted for:
By:
Date:
770-220-0228
a9- Ir7 , C7A Atlanta Paving o rete Construction, Inc
tO Q U), f }
r
e- dg Vice Presi e t
6120 Second Street, Doraville Georgia 30360
Fax: 770-220-262$ utltzg a;crrl2.c��nr
ey: � Z Tia,8
Blair J. B � t,
Cell: 7 8 - 173
Exhihit A
Sidewalk Repair and Slope Stabilization Project
635 Treyburn Marcor Dr
Milton, Georgia 30004
General Description: This project involves modifications to an existing concrete
head/wing wall, demolition and repaving of approximately 50 linear feet of sidewalk and
re-establishment of a roadway fill slope.
Scope of Services:
1) The contractor shall remove and dispose of approximately 50 linear feet of
sidewalk.
2) The contractor shall remove existing vegetation as necessary and re -plant this
vegetation once the project is completed.
3) The contractor shall provide any necessary shoulder grading and re -pour the
sidewalk in accordance with Community Development standards, such that storm
water will drain from the sidewalk toward the street and over the curb.
4) The contractor shall increase the maximum height of the head and wing walls on
the downstream slope by 18". One option is to drill into the existing wall, set
dowels and pour the additional height of wall with 3000 psi concrete. Optional
methods are acceptable if approved by the Public Works Department.
5) Due to the increased height of the wing walls, it may be necessary to extend the
wing wall length in order to achieve stable slopes.
6) The contractor shall fill (with mortar) any gaps, or openings, between the existing
headwall and storm drain pipe.
7) Backfill all road shoulders and roadway fills to City standards. Backfill to top of
head and wing wall and compact using hand operated equipment.
8) All disturbed areas are to be stabilized and replanted with an appropriate ground
cover.
Exhibit B
Proposal
Date
City of Milton Project:
13000 Deerfeild Parkway
Milton, GA 30004
Attn:
Mattew Fallstxom
Ph #:
678-242-2558
Fx#
678-242-2499
6/4/08
City of Milton
Treyburn Run Slope Repair
Description Quantity Units Cost Subtotal
Treyburn
3 Run
1.
Labor
2
DAY
$1,800,00
33,600,00
2.
Haul Off Concrete
1
LD
$420.00
$420.00
Raise / Adjust
3.
Headwall
1
L5
$6,000.00
$6,000.00
4.
Concrete Collar at Headwall
1
LS
$900.00
$900.00
5.
Fill Material for Slope
2
LDS
$210.00
$420.00
6.
Grout Manhole
1
LS
$300.00
$300.00
7.
Silt Fence
50
LF
$6.00
$300-00
6.
Grassing / Matting
1
LS
$2,100.00
$2,100.00
6.
Replace Sidewalk
1
LS
$4,200.00
$4,200.00
Total $1$,240.04
This becomes a part of our contract fox this project upon your approval. All other conditions and
stipulations of the contract are to remain the same.
Accepted for: City of Milton
In
Blount Construction Company, Inc.
By:
Randall Popham
Date: Project Manager
EXHIBIT "E"
STATE OF GEORGIA
CITY OF MILTON
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. §
13-10-91, stating affirmatively that the individual, firm., or corporation which is contracting with
Milton City 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 Milton City,
contractor will secure from such subcontractor(s) similar verification of compliance with
O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300.10-01-.08 in the form
attached hereto as Exhibit "1." Contractor further agrees to maintain records of such compliance
and provide a copy of each such verification to Milton City at the time the subcontractor(s) is
retained to perform such service.
12- 210
EEV l Basic Pilot Program User Identification Number
BY: Authorized Of Per or Agent Date
(Contractor Name)
pw - 1"gcr
Title ot Authorized Officer or Agent of Contractor
Printed Name of Authorized Officer or Agent
[.11 : Y0It�I:��1i7:V1�7.yLY� '7�1
BEFORE ME ON THIS THE
1!!' DAY OF 200i�,
Notary Public
My Commission Expires:
r q—t:' —
Kwyn M "frah�t
Notary Public
il4y commission EXPire:
Fab 25,2412
Polk Ca, GA
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "E"
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A.
§ 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the
physical performance of services under a contract with (name of contractor) on behalf of Milton
City 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.
Qq 2-10
EEV 1 Basic Pilot Program User Identification Number
BY: Authorized Offi er or Agent Date
(Subcontractor Narne)
P—role-&- 01-ser-
Title
1- erTitle of A thorized Officer or Agent of Subcontractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
DAY OF-: , 200
Notary Pu" lic
My Commission Expires:
--
Koiyn Nl Tirahar,
Notary Public
My Commission Expires
Feb 25, lata
Polk Go, GA
CONSTRUCTION AGREEMENT
This Construction Agreement (the "Agreement") is made and entered into this 24th day
of ,lune, 2008, by and between the CITY OF MILTON, a municipal corporation of the State of
Georgia, acting by and through its governing authority, the Milton City Council (hereinafter
referred to as the "City"), and Turnkey Services Inc., a corporation with its
principal place of business located at 3775 Tamiami Trail, Cumminp GA 30041 (hereinafter
referred to as the "Contractor").
WITNESSETH:
WHEREAS, the City issued a Request For Bid (RFB NIA), dated May 28`x' 2008, to
solicit bids for Addition to restroom at Bell Memorial Park; and
WHEREAS, based upon Contractor's bid to construct and install Addition to existing
restrooms, the City has selected Contractor as the winning bidder, and
WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement,
according to the terms and conditions provided in this Agreement; and
WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract
Documents, the Project, and the Work, with all local conditions and federal, state and local laws,
ordinances, rules and regulations in any manner that may affect cost, progress or performance of
work, and Contractor is aware that he must be licensed to do business in the State of Georgia.
NOW THEREFORE, the City and Contractor, in consideration of the mutual promises
contained herein and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, agree as follows:
Section 1. Contract Documents
The following documents are incorporated herein by reference and constitute the
Contract Documents:
A. This Agreement (_ Pages);
B. Request For Bid RFB L Pages), attached hereto as Exhibit "A";
C. Proposal and Bid from Contractor dated U— Pages),
attached hereto as Exhibit "B";
D. Performance and Other Bonds, attached hereto collectively as Exhibit "C";
E. Plans and specifications, attached hereto collectively at Exhibit "D";
F. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other
documents amending, modifying, or supplementing the Contract Documents if
properly adopted in writing and executed by the Parties; and
G. City of Milton Code of Ethics (_ Pages).
Section 2. Project Description
The Project is defined generally as follows: Addition and improvement to the
restroom facilities for Bell Memorial Park, 168 sg ft — 7' x 24' . See attached scope of work.
Section 3. The Work
The Work is specified and indicated in the Contract Documents (the "Work"). The Work
previously described includes all material, labor, insurance, tools, equipment, and any other
miscellaneous items necessary to complete the Work as described. Contractor shall complete the
Work in strict accordance with the Contract Documents.
Section 4. Contract Time
This Contract shall take effect on July 7, 2008. Contractor agrees to complete the Project
within 45 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
$36,000.00. The City shall pay Contractor upon Final Completion of the Project as such is
determined by the City, net thirty (30) days from the date of invoice. No payments will be made
for unauthorized work. Upon the City's certification of Final Completion of the Project, an
invoice should be submitted to Jim Seeba, 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 claim for
additional compensation or extension of time shall be recognized, unless
contained in a written change order duly executed on behalf of the City and the
Contractor.
C. The City Manager has authority to execute without further action of the Milton
City Council, any number of change orders so long as their total effect does not
materially alter the terms of this Agreement or materially increase the total
amount to be paid under this Agreement. Any such change orders materially
altering the terms of this Agreement or increasing the total amount to be paid
under this Agreement in excess of $54,004, 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 propose in entering into this
Agreement is to engage an entity with the requisite capacity, experience, and
professional skill and judgment to provide the services in pursuit of the timely and
competent completion of the Work undertaken by Contractor under this
Agreement.
D. Budgetary Limitations
Contractor agrees and acknowledges that budgetary limitations are not a
justification for breach of sound principals of Contractor's profession and
industry_ Contractor shall take no calculated risk in the performance of the Work.
Specifically, Contractor agrees that, in the event it cannot perform the Work
within the budgetary limitations established without disregarding sound principals
of Contractor's profession and industry, Contractor will give written notice
immediately to the City.
E. City's Reliance on the Work
The Contractor acknowledges and agrees that the City does not undertake to
approve or pass upon matters of expertise of the Contractor and that, therefore,
the City bears no responsibility for Contractor's services performed under this
Agreement. The Contractor acknowledges and agrees that the acceptance of
Work by the City is limited to the function of determining whether there has been
compliance with what is required to be produced under this Agreement. The City
will not, and need not, inquire into adequacy, fitness, suitability or correctness of
Contractor's performance. Contractor further agrees that no approval of designs,
plans, specifications, or work by any person, body or agency shall relieve
Contractor of the responsibility for adequacy, fitness, suitability, and correctness
of Contractor's professional and industry standards or for performing services
under this Agreement in accordance with sound and accepted professional and
industry principals.
F. Contractor's Reliance of Submissions by the City
Contractor must have timely information and input from the City in order to
perform the services required under this Agreement. Contractor is entitled to rely
upon information provided by the City, but Contractor shall be required to
provide immediate written notice to the City if Contractor knows or reasonably
should know that any information provided by the City is erroneous, inconsistent,
or otherwise problematic.
G. Contractor's Representative
Kira Heard shall be authorized to act on Contractor's behalf with respect to the
Work as Contractor's designated representative.
H. Assignment of Agreement
The Contractor covenants and agrees not to assign or transfer any interest in, nor
delegate any duties of this Agreement, without the prior express written consent
of the City.
I. Responsibility of Contractor and Indemnification of City
The Contractor covenants and agrees to take and assume all responsibility for the
services rendered in connection with this Agreement. The Contractor shall bear all
losses and damages directly or indirectly resulting to it on account of the
performance or character of the services rendered pursuant to this Agreement.
Contractor shall defend, indemnify and hold harmless the City, its officers,
hoards, commissions, elected and appointed officials, employees and agents from
and against any and all claims, suits, actions, liability, judgments, darnages,
losses, and expenses, including but not limited to, attorney's fees, which may be
the result of willful, negligent or tortuous conduct arising out of the Work,
performance of contracted services, or operations by the Contractor, any
subcontractor, anyone directly or indirectly employed by the Contractor or
subcontractor or anyone for whose acts the Contractor or subcontractor may be
liable, regardless of whether or not the negligent act is caused in part by a party
indemnified hereunder. Such obligation shall not be construed to negate,
abridge, or otherwise reduce any other right or obligation of indemnity which
would otherwise exist as to any party or person described in this provision. In any
and all claims against the City or any of its agents or employees, by any employee
of the Contractor, any subcontractor, anyone directly or indirectly employed by
the Contractor or subcontractor or anyone for whose acts the Contractor or
subcontractor may be liable, the indemnification obligation set forth in this
provision shall not be limited in any way by any limitation on the amount or type
of damages, compensation or benefits payable by or for the Contractor or any
subcontractor under workers' or workmen's compensation acts, disability benefit
acts or other employee benefit acts. This obligation to indemnify and defend the
City, its members, officers, agents, employees and volunteers shall survive
termination of this Agreement.
J. Independent Contractor
Contractor hereby covenants and declares that it is engaged in an independent
business and agrees to perform the services as an independent contractor and not
as the agent or employee of the City. The Contractor agrees to be solely
responsible for its own matters relating to the time and place the services are
performed; the instrumentalities, tools, supplies and/or materials necessary to
complete the services; hiring of Contractors, agents or employees to complete the
services; and the payment of employees, including compliance with Social
Security, withholding and all other regulations governing such matters. The
Contractor agrees to be solely responsible for its own acts and those of its
subordinates, employees, and subcontractors during the life of this Agreement.
Any provisions of this Agreement that may appear to give the City the right to
direct Contractor as to the details of the services to be performed by Contractor or
to exercise a measure of control over such services will be deemed to mean that
Contractor shall follow the directions of the City with regard to the results of such
services only.
The Contractor shall obtain and maintain, at the Contractor's expense, all permits,
licenses, or approvals that may be necessary for the performance of the services.
The Contractor shall furnish copies of all such permits, licenses, or approvals to
the City of Milton Representative within ten ( 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 $500,000 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 $500,000 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 $500,000 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 $500,000 per accident.
(3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured
retentions must be declared to and approved by the City.
(4) Other Insurance Provisions: The policy is to contain, or be endorsed to
contain, the following provisions:
(a) General Liability and Automobile Liabilily 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 Coverage's:
(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) Acceptabilily 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) Subcontractors: Contractor shall include all subcontractors as insured
under its policies or shall furnish separate certificates and endorsements
for each subcontractor. All coverage for subcontractors shall be subject to
all of the requirements stated in this Agreement, including but not limited
to naming the parties as additional insured.
(8) Claims -Made Policies: Contractor shall extend any claims -made
insurance policy for at least six (6) years after termination or final
payment under the Agreement, whichever is later.
(9) City as Additional Insured and Loss Payee: The City shall be named as an
additional insured and loss payee on all policies required by this
Agreement.
L. Employment of Unauthorized Aliens Prohibited
It is the policy of the City of Milton that unauthorized aliens shall not be
employed to perforin 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 performance of services where more than three (3)
persons are employed on the City contract.
The City Manager or his/her designee shall further be authorized to conduct
periodic inspections to ensure that no City Contractor or Contractor's
subcontractors employ unauthorized aliens on City contracts. By entering into a
contract with the City, the Contractor and Contractor's subcontractors agree to
cooperate with any such investigation by making its records and personnel
available upon reasonable notice for inspection and questioning. Where a
Contractor or Contractor's subcontractors are found to have employed an
unauthorized alien, the City Manager or his/her designee may order the
Contractor to terminate or require its subcontractor to terminate that person's
employment immediately and to report same to the Department of Homeland
Security. The Contractor's failure to terminate the employee, or otherwise
cooperate with the investigation may be sanctioned by termination of the contract,
and the Contractor shall be liable for all damages and delays occasioned by the
City thereby.
Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02
is mandatory.
Contractor agrees that the employee -number category designated below is
applicable to the contractor.
500 or more employees.
100 or more employees.
X Fewer than 100 employees_
Contractor agrees that, in the event the Contractor employs or contracts with any
subcontractor(s) in connection with this Agreement, the Contractor will secure
from the subcontractor(s) such subcontractor(s') indication of the above
employee -number category that is applicable to the subcontractor.
Contractor's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule
300-10-1-.02 shall be attested by the execution of the contractor's affidavit
attached as Exhibit "E."
The above requirements shall be in addition to the requirements of State and
federal law, and shall be construed to be in conformity with those laws.
M. Records, Reports and Audits
(1) Records:
(a) Records shall be established and maintained by the Contractor in
accordance with requirements prescribed by the City with respect
to all matters covered by this Agreement. Except as otherwise
authorized, such records shall be maintained for a period of three
years from the date that final payment is made under this
Agreement. Furthermore, records that are the subject of audit
findings shall be retained for three years or until such audit
findings have been resolved, whichever is later.
(b) All costs shall be supported by properly executed payrolls, time
records, invoices, contracts, or vouchers, or other official
documentation evidencing in proper detail the nature and propriety
of the charges. All checks, payrolls, invoices, contracts, vouchers,
orders or other accounting documents pertaining in whole or in
part to this Agreement shall be clearly identified and readily
accessible.
(2) Reports and Information: Upon request, the Contractor shall furnish to the
City any and all statements, records, reports, data and information related
to matters covered by this Agreement in the form requested by the City.
(3) Audits and Inspections: At any time during normal business hours and as
often as the City may deem necessary, there shall be made available to the
City for examination all records with respect to all matters covered by this
Agreement. The Contractor will permit the City to audit, examine, and
make excerpts or transcripts from such records, and to audit all contracts,
invoices, materials, payrolls, records of personnel, conditions of
employment and or data relating to all matters covered by this Agreement.
N. Conflicts of Interest
Contractor agrees that it shall not engage in any activity or conduct that would
result in a violation of the City of Milton Code of Ethics.
0. Confidentiality
Contractor acknowledges that it may receive confidential information of the City
and that it will protect the confidentiality of any such confidential information and
will require any of its subcontractors, consultants, and/or staff to likewise protect
such confidential information. The Contractor agrees that confidential
information it receives or such reports, information, opinions or conclusions that
Contractor creates under this Agreement shall not be made available to, or
discussed with, any individual or organization, including the news media, without
prior written approval of the City. The Contractor shall exercise reasonable
precautions to prevent the unauthorized disclosure and use of City information
whether specifically deemed confidential or not.
P. Compliance with Laws Regulating Illegal Aliens
The United States Congress enacted the Immigration Reform and Control Act of
1986 (IBCA), P.L. 99-603, which required the former Immigration and
Naturalization Service (now the Department of Homeland Security) to establish a
system for verifying the immigration status of non -citizen applicants for, and
recipients of, certain types of federally funded benefits, and to make the system
available to Federal, State, and local benefit -issuing agencies and institutions that
administer such benefits.
The Contractor covenants and declares that it is enrolled in the Basic Employment
Verification Pilot Program, and that it has verified the employment eligibility of
all its employees utilizing such program. Contractor shall likewise require all
subcontractors or sub -consultants to verify the employment eligibility of all their
respective employees utilizing the Basic Employment Verification Pilot Program.
Contractor shall provide documentation prior to commencing work under this
Agreement, in a form acceptable to the City of Milton, affirming the Contractor's
compliance with this Section.
Q. Licenses, Certifications and Permits
The Contractor covenants and declares that it has obtained all diplomas,
certificates, licenses, permits or the like required of the Contractor by any and all
national, state, regional, county, local boards, agencies, commissions, committees
or other regulatory bodies in order to perform the services contracted for under
this Agreement. All work performed by Contractor under this Agreement shall be
in accordance with applicable legal requirements and shall meet the standard of
quality ordinarily expected of competent professionals.
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S. Authority to Contract
The Contractor covenants and declares that it has obtained all necessary approvals
of its board of directors, stockholders, general partners, limited partners or similar
authorities to simultaneously execute and bind Contractor to the terms of this
Agreement, if applicable.
T. Ownership of Work
All reports, designs, drawings, plans, specifications, schedules, work product and
other materials prepared or in the process of being prepared for the services to be
performed by the Contractor ("materials") shall be the property of the City and
the City shall be entitled to full access and copies of all such materials. Any such
materials remaining in the hands of the Contractor or subcontractor upon
completion or termination of the work shall be delivered immediately to the City.
The Contractor assumes all risk of loss, damage or destruction of or to such
materials. If any materials are lost, damaged or destroyed before final delivery to
the City, the Contractor shall replace them at its own expense. Any and all
copyrightable subject matter in all materials is hereby assigned to the City and the
Contractor agrees to execute any additional documents that may be necessary to
evidence such assignment.
U. Meetings
The Contractor is required to meet with the City's personnel, or designated
representatives, to resolve technical or contractual problems that may occur
during the term of the contract, at no additional cost to the City. Meetings will
occur as problems arise and will be coordinated by the City. The Contractor will
be given a minimum of three full working days notice of meeting date, time, and
location. Face-to-face meetings are desired. However, at the Contractor's option
and expense, a conference call meeting may be substituted. Consistent failure to
participate in problem resolution meetings, two consecutive missed or
rescheduled meetings, or to make a good faith effort to resolve problems, may
result in termination of the contract.
Section S. Covenants of the City
A. Right of Entry
The City shall provide for right of entry for Contractor and all necessary
equipment to Kim Heard, in order for Contractor to complete the Work.
B. City'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 except any materials provided by the
city. An inspection shall be conducted by the City or its representatives) 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 termination
for convenience under the terms of this Section (A) above.
D. Upon termination, the Contractor shall: (1) promptly discontinue all services
affected, unless the notice directs otherwise; and (2) promptly deliver to the City
all data, drawings, reports, summaries, and such other information and materials
as may have been generated or used by the Contractor in performing this
Agreement, whether completed or in process, in the form specified by the City.
E. The rights and remedies of the City and the Contractor provided in this Section
are in addition to any other rights and remedies provided under this Agreement or
at law or in equity.
Section 11. Miscellaneous
A. Complete Agreement. This Agreement contains all of the understandings and
agreements of whatsoever kind and nature existing between the parties hereto
with respect to the subject matter contained herein.
B. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of Georgia.
C. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original, but all of which together shall
constitute one and the same instrument.
D. Invalidity of Provisions. Should any part of this Agreement for any reason be
declared by any court of competent jurisdiction to be invalid, such decision shall
not affect the validity of any remaining portion, which remaining portion shall
continue in full force and effect as if this Agreement had been executed with the
invalid portion hereof eliminated, it being the intention of the parties that they
would have executed the remaining portion of this Agreement without including
any such part, parts or portions which may for any reason be hereafter declared
invalid.
E. Notice. All notices requests, demands and other communications hereunder shall
be in writing and shall be deemed received, and shall be effective when personally
delivered or on the third day after the postmark date when mailed by certified
mail, postage prepaid, return receipt requested or upon actual delivery when sent
via national overnight commercial carrier to the parties at the addresses given
below, unless a substitute address shall first be furnished to the other parties by
written notice in accordance herewith:
NOTICE TO CITY shall be sent to:
City of Milton
13000 Deerfield Parkway
Suite 107
Milton, Georgia 30004
Attention: City Manager
NOTICE TO CONTRACTOR shall be sent to:
Kim Heard
Turnkey Services
3775 Tamiami Trail
Cumming, GA 30041
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.
[CONTRACTOR' AME]
By. -
Its:
[CORPORATE SEAL]
SIGNED, SEALE , ND DELIVERED
in th$ ►presence or Jj
ublic
[NOTARY SEAL]
-
My Commission Expires: ":— - #� &*
Cj 2010 "
MILTON CITY COUNCIL
Billy Beckett, City�l Ianager
jC11Y- SEAL] p�
;TGNF.T] SF A r F.T) AMT) nFr.T-V.FR Fn
Notary Public
[NOTARY SEAL] W07ARr PIJbL :.
FtAnn Coy. wy
State of Ge+-)rcsia
My Commission Expires: rAy Cornni. Expir_=s .pan. 2
x Iti16 4Ir
Scope of Work and Schedule
City of Milton
Bell Park Restroom Remodeling
The following Scope of Work shall be considered general in nature — subject to
potential modifications and revisions by the City — and shall not be considered an
exhaustive list of all the potential duties and responsibilities the Contractor may
be obligated under contract to perform.
Scope: Addition and improvement to the restroom facilities for Bell Park
168 sq ft, 7' x 24'
Items not included within Scope: This scope shall not include the cost of the
materials for the plumbing fixtures, shall include installation of such
fixtures, but not the cost of the materials. The City will provide all
toilets, sinks and fixtures.
Performance: All work performed shall be in accordance with Georgia Building
Codes, Plumbing Codes, and ADA Laws. Project will require all
inspections per City of Milton Building Codes and State of Georgia.
Final inspection must be approved by the City of Milton prior to
Certificate of Occupancy being issued.
Detailed Work:
1. Exterior Improvements
1.1.Addition of new area (7' x 24') to existing structure
1.'1.1. Concrete block
1.1.2. Concrete floor
1.1.3. Tie into existing roof line and pitch
1.1.4. Roof overhang to extend 1' beyond exterior wall
1.1.5, Re -roof entire structure
1.1.6. Add 2 ADA doors w1ADA hardware including signage
1.1.7. Relocate or properly vent existing restrooms
1.1.8. Paint addition to Mend with existing paint and trim
2. Interior Improvements
2.1. Interior Reconfiguration of toilets and partitions, replace existing ADA and
install in women's restroom to accommodate 3 stalls and sink, per the
attached drawing, or as changed in the field, as approved by the City.
2.2. Interior Reconfiguration of toilets and partitions, replace existing ADA and
install in men's restroom to accommodate 2 stalls, 1 urinal and sink, per
the attached drawing, or as changed in the field, as approved by the City.
2.3. Interior of Addition to be women's ADA restroom, to include 1 toilet and 1
sink, per the attached drawing, or as changed in the field, as approved by
the City.
(-n
2.4. Interior of Addition to be men's ADA restroom, to include 1 toilet and 1
sink, per the attached drawing, or as changed in the field, as approved by
the City.
2.5.Add light fixtures in both new restrooms.
2.6. Plumbing connect to existing plumbing in slab. All toilets to be plumbed
for tank less toilets.
2.7. Move cleanout.
2.8.1nsulate entire structure to meet current codes.
2.9. Upgrade electrical panel box.
Schedule; All work must be performed from July 1St to end by August 30th at
City's request.
Ude 14!•l' -1-3r Lo: z r rUeer'JI y4
Turnkey Services Inc
3775 Tamiami Trait
Cumming, Ga 30041
(404)403-49788
E3111 To:
Helisaa Henderson
City of Milton
13000 Deerfield Parkway
suite 107 F
Milton, Ga .10004
1UF NKV -Y btKViUEt3 UL
Estimate
Nurnber: E102
Date: May 28, 2008
ship "i'a:
Melissa Henderson
City of Hilton
13000 Deerfield Parkway
suite 107 F
Milton, Ga 30004
PO Number Terms Customer #
Description Amount
Supply matar.ials and provide the labor to expand the building seven feet
on the bathroom and. Construction is to match existing mat.erials.concreto
floor,eight inch block,truss roof,twenty year three tab roofing. concrete
walk to match existing. Plumbing;
Plumb for one new toilet in each math and install owner supplied plumbing
fixtures on new and existing areas rework bath partitions .in existing bath
areas and match in new area as close as possible. Paint all new areas to
thatch existing areas.
Doors to stay the same and will not be required to move or change the 36,000.00
hardware. AC vn,'t will be-, a charge of $1,500,afl additional. tlictrical:
change 150 amp service to a larger papal box. City of Milton will pull all
Permits.
Total $36,000,00
No Text
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PRODUCER
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CERTIFICATE OF LIABILITY INSURANCE TUP,NK_1 06/27/08
THIS CERTIFICATE ISIS SUED ASA MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Northside Insurance Services HOLDER. THIS CERTiF]GATE DOES NOT AMEND, EXTEND OR
7$ A Main Strsat Suite 300 ALTER THE GOVERAGEAFFORDED BY THE POLICIES BELOW.
ipharetta CA 30004
Phone: 676--624-2200 Fax. 77U-360-6394
Turnke Services Inc
K Haar
3775 Tamiami Trail
Cumming GA 30041
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City of Milton is an Addibi"al Insurnd with respect to woxk performed by
the insured,
CERTIFICATE HOLDER
CITYOTM
City of Milton
Attn: Melisna Hendorson
Fax 578-242-2499
13000 Daerfiold Pkvey, Ste 207
Milton GA 30001
ACORD 25 (2001108)
CANCELLATION
SHOULD ANY OF THE ABOVE P001110£O POLICJE$ ISE CANCELLEQ EEFOR6 TH£ rXPIl4ATi0
LATE THEREOP, THE ISSUING INSURER VALL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LIFT, BUT FAILURE TO DO $p SHALL
IM P0$E NO 013 LI CTAT ION OR LIA6ILITY CF ANY KIND PON T 1 E INSURE R, ITS AGENTS OR
AEPRE$ENTATIVES.
AUTHORIZED REPREaENTATIVE
CORPORATION 1988
STATE OF GEORGIA
CITY OF MILTON
VXHiR1T «F."
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
Milton City 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 Milton City, contractor will secure from such
subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit
provided in Mule 300-10-01-.08 in the form attached hereto as Exhibit "1_" Contractor further agrees to maintain
records of such compliance and provide a copy of each such verification to Milton City at the time the
subcontractor(s) is retained to perform such service.
EEV 1 Basic PiloqProgratn User Identification Number
7 ► o i)q
BY. uthorized Officer or Agent ate
(Contractor Name`)
Title of Authorized Officer or Agent of Contractor
N 9 e. .x—
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
DAY OF 200
Notary Public
My Commission Expires:
30
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "Y'
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A.
§ 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the
physical performance of services under a contract with (name of contractor) on behalf of Milton
City 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 Bas' Pil Program User Identification Number
*?//49 d g
B)(. Authortze Officer or Agent Date
(Subcontractor Name)
ICA.
Title of Authorized Officer or Agent of Subcontractor
k:+.' �40-eo�
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS•THE
DAY OF 200
Notary Public
My Commission Expires:
31
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City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Alice Wakefield, Community Development Director
Date: September 25, 2008 for Submission onto the October 20, 2008, City Council
Meeting
Agenda Item: Text Amendments to Chapter 14, City Code of Ordinances.
CMO (City Manager’s Office) Recommendation:
To review the attached text amendment to Chapter 14, City Code of Ordinances as
recommended by the Mayor and City Council and the Board of Zoning Appeals.
Background:
At the June 9, 2008 Council work session, The Council heard a presentation from the City of
Milton Board of Zoning Appeals related to their recommendation for possible modifications to
Article 22, “Appeals” of the Zoning Ordinance and to Chapter 14, Development and
Environmental Protection within the City Code of Ordinances as it relates to variance
procedures.
The Mayor and City Council informally supported the recommendations and gave direction for
the City Attorney and Staff to make the necessary ordinance changes for the Mayor and City
Council’s potential adoption.
Discussion:
The major change to Chapter 14, Article 6, Section 5 as it pertains to variance requests to
stream buffers is that the Mayor and City Council shall hear and decide on all requests that are
concurrent to rezoning, use permit, or modification applications (Page 59). In addition, the Board
of Zoning Appeals recommended that an approved variance be site plan specific which is
reflected in this amendment (Page 61).
Additionally, the Community Development Department had included changes to comply with the
most recent State of George Model Ordinance that addresses erosion control and stormwater
management. These changes are required so that the City may obtain its Memorandum of
Agreement with the State of Georgia to review and issue Land Disturbance Permits.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer this text amendment to
Chapter 14, Development and Environmental Protection, of the City Code of Ordinances.
Concurrent Review:
Chris Lagerbloom, Acting City Manager, Ken Jarrard, City Attorney
ORDINANCE NO.
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 14, DEVELOPMENT AND ENVIRONMENTAL
PROTECTION, OF THE CITY OF MILTON
CODE OF ORDINANCES
BE IT ORDAINED by the City Council of the City of Milton, Georgia while in a Regular called Council
meeting on the 20th day of October, 2008 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relating to amending Chapter 14, Development and
Environmental Protection of the City of Milton Code of Ordinances, 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 hereby
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 20th day of October, 2008.
__________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
Page 1 of 103
Mayor & City Council – October 20, 2008
ADOPTED BY THE MAYOR AND CITY COUNCIL ON DECEMBER 7, 2006
City of Milton
Chapter 14: Land Development and Environmental Protection
Article 3: Floodplain Management/Flood Damage Prevention Ordinance.
Section 1: General Provisions.
(a) Purpose and Intent
The purpose of this ordinance is to protect, maintain and enhance the public health,
safety, environment and general welfare and to minimize public and private losses
due to flood conditions in flood hazard areas, as well as to protect the beneficial uses
of floodplain areas for water quality protection, streambank and stream corridor
protection, wetlands preservation and ecological and environmental protection by
provisions designed to:
(i) Require that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
(ii) Restrict or prohibit uses which are dangerous to health, safety and property
due to flooding or erosion hazards, or which increase flood heights, velocities,
or erosion;
(iii) Control filling, grading, dredging and other development which may increase
flood damage or erosion;
(iv) Prevent or regulate the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards to other lands;
(v) Limit the alteration of natural floodplains, stream channels, and natural
protective barriers which are involved in the accommodation of flood waters;
and,
(vi) Protect the stormwater management, water quality, streambank protection,
stream corridor protection, wetland preservation and ecological functions of
natural floodplain areas.
(b) Applicability
This ordinance shall be applicable to all Areas of Special Flood Hazard within the
City of Milton, Georgia.
Page 2 of 103
(c) Designation of Ordinance Administrator
The Manager or his/her designee is hereby appointed to administer and implement
the provisions of this ordinance.
(d) Basis for Area of Special Flood Hazard – Flood Area Maps and Studies
For the purposes of this ordinance, the following are adopted by reference:
(i) The Flood Insurance Study (FIS) for Fulton County, dated May 7, 2001, with
accompanying maps and other supporting data and any revision thereto.
(ii) Other studies which may be relied upon for the establishment of the base
flood elevation or delineation of the 100-year floodplain include:
(a) Any flood or flood-related study conducted by the United States Corps
of Engineers, the United States Geological Survey, or any other local,
state or Federal Agency applicable to the City of Milton; or
b) Any base flood study authored by a registered Professional Engineer
in the State of Georgia which has been prepared by FEMA approved
methodology and approved by the Manager.
(iii) Other studies which may be relied upon for the establishment of the future-
conditions flood elevation or delineation of the future-conditions floodplain
and flood prone areas include:
(a) Any flood or flood-related study conducted by the United States Corps
of Engineers , the United States Geological Survey, or any other local,
state, or Federal Agency applicable to the City of Milton; or
(b) Any future-conditions flood study authored by a registered
Professional Engineer in the State of Georgia which has been
approved by FEMA approved methodology approved by the Manager.
(iv) The repository for public inspection of the FIS, accompanying maps
accompanying maps and other supporting data is located at Milton City Hall.
(e) Compatibility with Other Regulations
This ordinance is not intended to modify or repeal any other ordinance, rule,
regulation, statute, easement, covenant, deed restriction or other provision of law.
The requirements of this ordinance are in addition to the requirements of any other
ordinance, rule, regulation or other provision of law, and where any provision of this
ordinance imposes restrictions different from those imposed by any other ordinance,
rule, regulation or other provision of law, whichever provision is more restrictive or
impose higher protective standards for human health or the environment shall
control.
(f) Severability
Page 3 of 103
If the provisions of any section, subsection, paragraph, subdivision or clause of this
ordinance shall be adjudged invalid by a court of competent jurisdiction, such
judgment shall not affect or invalidate the remainder of any section, subsection,
paragraph, subdivision or clause of this ordinance.
(g) Warning and Disclaimer of Liability
The degree of flood protection required by this ordinance is considered reasonable
for regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur; flood heights may be increased by manmade or
natural causes. This ordinance does not imply that land outside the Areas of Special
Flood Hazard or uses permitted within such areas will be free from flooding or flood
damages. This ordinance shall not create liability on the part of the City of Milton or
by any officer or employee thereof for any flood damages that result from reliance on
this ordinance or any administrative decision lawfully made there under.
Section 2: Definitions.
For the purpose of this Article, the following definitions apply.
(a) “Addition (to an existing building)” means any walled and roofed expansion to the
perimeter of a building in which the addition is connected by a common load-bearing
wall other than a fire wall. Any walled and roofed addition which is connected by a
fire wall or is separated by an independent perimeter load-bearing wall shall be
considered New Construction.
(b) “Appeal” means a request for a review of the Manager’s interpretation of any
provision of this ordinance.
(c) “Area of Shallow Flooding” means a designated AO or AH Zone on a community’s
Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet,
and/or where a clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flow may be evident.
(d) “Area of Special Flood Hazard” is the land subject to a one percent or greater chance
of flooding in any given year. This includes all floodplain and flood prone areas at or
below the base flood elevation (including A, A1-30, A-99, AE, AO, AH, and AR on the
FHBM or the FIRM), all floodplain and flood prone areas at or below the future-
conditions flood elevation, and all other flood prone areas as referenced in Section
1(d). All streams with a drainage area of 100 acres or greater shall have the area of
special flood hazard delineated.
(e) “Base Flood” means the flood having a one percent chance of being equaled or
exceeded in any given year [i.e., the “100-year flood”].
Page 4 of 103
(f) “Base Flood Elevation” means the highest water surface elevation anticipated at any
given point during the base flood.
(g) “Basement” a level below a floor of a building with a portion of the floor below grade.
(h) “Building” means any structure built for support, shelter, or enclosure for any
occupancy or storage.
(i) “Development” means any man-made change to improved or unimproved real estate
including but not limited to buildings or other structures, mining, dredging, filling,
clearing, grubbing, grading, paving, and any other installation of impervious cover,
excavation or drilling operations or storage of equipment or materials,
(j) “Manager” means Manager of City of Milton Community Development Department.
(k) “Elevated Building” means a non-basement building built to have the lowest floor of
the lowest enclosed area elevated above the ground level by means of fill, solid
foundation perimeter walls, pilings, columns, piers, or shear walls adequately
anchored so as not to impair the structural integrity of the building during a base
flood event.
(l) “Existing Construction” Any structure for which the “start of construction” commenced
before July 5, 2006.
(m) “Existing Manufactured Home Park or Subdivision” means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including at a minimum the
installation of utilities, the construction of streets, and final site grading or the pouring
of concrete pads) is completed before July 5, 2006.
(n) “Expansion to an Existing Manufactured Home Park or Subdivision” means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed, including the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete
pads.
(o) “FEMA” means the Federal Emergency Management Agency.
(p) “Flood” or “Flooding” means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(i) the overflow of inland or tidal waters; or
Page 5 of 103
(ii) the unusual and rapid accumulation or runoff of surface waters from any
source.
(q) “Flood Hazard Boundary Map” or “FHBM” means an official map of a community,
issued by the Federal Insurance Administration, where the boundaries of areas of
special flood hazard have been defined as Zone A.
(r) “Flood Insurance Rate Map”, or “FIRM”, means an official map of a community,
issued by the Federal Insurance Administration, delineating the areas of special flood
hazard and/or risk premium zones applicable to the community.
(s) “Flood Insurance Study” or “FIS” means the official report by the Federal Insurance
Administration evaluating flood hazards and containing flood profiles and water
surface elevations of the base flood.
(t) “Floodplain” means any land area susceptible to flooding.
(u) “Floodproofing” means any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to
real estate or improved real property, water and sanitary facilities, structures and
their contents.
(v) “Floodway" or "Regulatory Floodway” means the channel of a stream or other
watercourse and the adjacent areas of the floodplain which is necessary to contain
and discharge the base flood flow without cumulatively increasing the base flood
elevation more than one foot.
(w) “Functionally Dependent Use” means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water.
(x) "Future-Conditions Flood" means the flood having a one percent chance of being
equaled or exceeded in any given year based on future-conditions hydrology. Also
known as the 100-year future-conditions flood.
(y) “Future-conditions Flood Elevation” means the flood standard equal to or higher than
the Base Flood Elevation. The Future-conditions Flood Elevation is defined as the
highest water surface anticipated at any given point during the future-conditions
flood.
(z) "Future-conditions Floodplain" means any land area susceptible to flooding by the
future-conditions flood.
(aa) "Future-conditions Hydrology" means the flood discharges associated with projected
land-use conditions based on a community’s zoning map, comprehensive land-use
plans, and/or watershed study projections, and without consideration of projected
future construction of flood detention structures or projected future hydraulic
Page 6 of 103
modifications within a stream or other waterway, such as bridge and culvert
construction, fill, and excavation.
(bb) “Highest Adjacent Grade” means the highest natural elevation of the ground surface,
prior to construction, adjacent to the proposed foundation of a building.
(cc) “Historic Structure” means any structure that is;
(i) Listed individually in the National Register of Historic Places (a listing
maintained by the U.S. Department of Interior) or preliminarily determined by
the Secretary of the Interior as meeting the requirements for individual listing
on the National Register;
(ii) Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
(iii) Individually listed on a state inventory of historic places and determined as
eligible by states with historic preservation programs which have been
approved by the Secretary of the Interior; or
(iv) Individually listed on a local inventory of historic places and determined as
eligible by communities with historic preservation programs that have been
certified either:
(A) By an approved state program as determined by the Secretary
of the Interior, or
(B) Directly by the Secretary of the Interior in states without
approved programs.
(dd) “Lowest Floor” means the lowest floor of the lowest enclosed area, including
basement. An unfinished or flood resistant enclosure, used solely for parking of
vehicles, building access, or storage, in an area other than a basement, is not
considered a building’s lowest floor, provided that such enclosure is not built so as to
render the structure in violation of other provisions of this ordinance.
(ee) “Manufactured Home” means a building, transportable in one or more sections, built
on a permanent chassis and designed to be used with or without a permanent
foundation when connected to the required utilities. The term includes any structure
commonly referred to as a “mobile home” regardless of the date of manufacture. The
term also includes parked trailers, travel trailers and similar transportable structures
Page 7 of 103
placed on a site for 180 consecutive days or longer and intended to be improved
property.
(ff) “Mean Sea Level” means the average height of the sea for all stages of the tide. It is
used as a reference for establishing various elevations within the floodplain. For
purposes of this ordinance the term is synonymous with National Geodetic Vertical
Datum (NGVD) and/or the North American Vertical Datum (NAVD) of 1988.
(gg) “National Geodetic Vertical Datum (NGVD)” as corrected in 1929 is a vertical control
used as a reference for establishing varying elevations within the floodplain.
(hh) “New Construction” means any structure (see definition) for which the “start of
construction” commenced after July 5, 2006 and includes any subsequent
improvements to the structure.
(ii) “New Manufactured Home Park or Subdivision” means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after July 5, 2006.
(jj) “North American Vertical Datum (NAVD) of 1988” is a vertical control used as a
reference for establishing varying elevations within the floodplain.
(kk) “Owner” means the legal or beneficial owner of a site, including but not limited to, a
mortgagee or vendee in possession, receiver, executor, trustee, lessee or other
person, firm or corporation in control of the site.
(ll) “Permit” means the permit issued by the City of Milton Community Development
Department to the applicant which is required for undertaking any land development
activity.
(mm) “Recreational Vehicle” means a vehicle which is:
(i) built on a single chassis;
(ii) 400 square feet or less when measured at the largest horizontal projection;
(iii) designed to be self-propelled or permanently towable by light duty truck;
and,
(iv) designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
(nn) “Site” means the parcel of land being developed, or the portion thereof on which the
land development project is located.
Page 8 of 103
(oo) “Start of Construction” means the date the permit was issued, provided the actual
start of construction, repair, reconstruction, or improvement was within 180 days of
the permit date. The actual start means the first placement of permanent
construction of the structure such as the pouring of slabs or footings, installation of
piles, construction of columns, or any work beyond the stage of excavation, and
includes the placement of a manufactured home on a foundation. Permanent
construction does not include initial land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on the property of buildings
appurtenant to the permitted structure, such as garages or sheds not occupied as
dwelling units or part of the main structure. (NOTE: accessory structures are not
exempt from any ordinance requirements). For a substantial improvement, the actual
start of construction means the first alteration of any wall, ceiling, floor, or other
structural part of a building, whether or not that alteration affects the external
dimensions of the building.
(pp) “Structure” means a walled and roofed building that is principally above ground, a
manufactured home, a gas or liquid storage tank.
(qq) “Subdivision” means the division of a tract or parcel of land resulting in one or more
new lots or building sites for the purpose, whether immediately or in the future, of
sale, other transfer of ownership or land development, and includes divisions of land
resulting from or made in connection with the layout or development of a new street
or roadway or a change in an existing street or roadway.
(rr) “Substantial Damage” means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage occurred.
(ss) “Substantial Improvement” means any combination of repairs, reconstruction,
alteration, or improvements to a building, taking place during a 10-year period, in
which the cumulative cost equals or exceeds 50 percent of the market value of the
structure prior to the improvement. The market value of the building means (1) the
appraised value of the structure prior to the start of the initial repair or improvement,
or (2) in the case of damage, the value of the structure prior to the damage
occurring. This term includes structures which have incurred “substantial damage”
regardless of the actual amount of repair work performed. For the purposes of this
definition, “substantial improvement” is considered to occur when the first alteration
of any wall, ceiling, floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the building. The term does
not, however, include those improvements of a building required to comply with
existing health, sanitary, or safety code specifications which are solely necessary to
assure safe living conditions, which have been pre-identified by the Code
Enforcement Official, and not solely triggered by an improvement or repair project.
(tt) “Substantially Improved Existing Manufactured Home Park or Subdivision” is a
condition in which the repair, reconstruction, rehabilitation or improvement of the
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streets, utilities and pads equals or exceeds 50 percent of the value of the streets,
utilities and pads before the repair, reconstruction or improvement commenced.
(uu) “Variance” is a grant of relief from the requirements of this ordinance which permits
construction in a manner otherwise prohibited by this ordinance.
(vv) “Violation” means the failure of a structure or other development to be fully compliant
with the community’s floodplain management regulations. A structure or other
development without the elevation certificate, other certificates, or other evidence of
compliance required in this ordinance is presumed to be in violation until such time
as that documentation is provided.
Section 3: Permit Procedures and Requirements.
(a) Permit Application Requirements
No owner or developer shall perform any land development activities on a site where
an Area of Special Flood Hazard is located, without first meeting the requirements of
this ordinance prior to commencing the proposed activity.
Unless specifically excluded by this ordinance, any owner or developer desiring a
permit for a land development activity shall submit to the City of Milton a permit
application on a form provided by the City of Milton for that purpose.
No land development permit will be approved for any land development activities that
do not meet the requirements, restrictions and criteria of this ordinance.
(b) Floodplain Management Plan Requirements
An application for a development project with any Area of Special Flood Hazard
located on the site will be required to include a floodplain management / flood
damage prevention plan. This plan shall include the following items:
(1) Site plan drawn to scale, which includes but is not limited to:
(a) Existing and proposed elevations of the area in question and the nature,
location and dimensions of existing and/or proposed structures, earthen
fill placement, amount and location of excavation material, and storage
of materials or equipment;
(b) For all proposed structures, spot ground elevations at building corners
and 20-foot or smaller intervals along the foundation footprint, or one
foot contour elevations throughout the building site;
(c) Proposed locations of water supply, sanitary sewer, and utilities;
(d) Proposed locations of drainage and stormwater management facilities;
(e) Proposed grading plan;
(f) Base flood elevations and future-conditions flood elevations;
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(g) Boundaries of the base flood floodplain and future-conditions floodplain;
(h) If applicable, the location of the floodway; and
(i) Certification of the above by a registered Professional Engineer or
surveyor.
(2) Building and foundation design detail, including but not limited to:
(a) Elevation in relation to mean sea level (or highest adjacent grade) of the
lowest floor, including basement, of all proposed structures;
(b) Elevation in relation to mean sea level to which any non-residential
structure will be floodproofed;
(c) Certification that any proposed non-residential floodproofed structure
meets the criteria in Section 5(b)(ii);
(d) For enclosures below the base flood elevation, location and total net
area of foundation openings as required in Section 5(a)(v).
(e) Design plans certified by a registered Professional Engineer or architect
for all proposed structure(s).
(3) Description of the extent to which any watercourse will be altered or relocated
as a result of the proposed development;
(4) Hard copies and digital files of computer models, if any, copies of work maps,
comparison of pre-and post development conditions base flood elevations,
future-conditions flood elevations, flood protection elevations, Special Flood
Hazard Areas and regulatory floodway widths, flood profiles and all other
computations and other information similar to that presented in the FIS;
(5) Copies of all applicable State and Federal permits necessary for proposed
development; and
(6) All appropriate certifications required under this ordinance.
The approved floodplain management / flood damage prevention plan shall contain
certification by the applicant that all development activities will be done according to
the plan or previously approved revisions. Any and all development permits and/or
use and occupancy certificates or permits may be revoked at any time if the
construction and development activities are not in strict accordance with approved
plans.
(c) Construction Stage Submittal Requirements
For all new construction and substantial improvements on sites with a floodplain
management/flood damage prevention plan, the permit holder shall provide to the
Manager a certified as-built Elevation Certificate or Floodproofing Certificate for non-
residential construction including the lowest floor elevation or flood-proofing level
immediately after the lowest floor or flood-proofing is completed. A final Elevation
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Certificate shall be provided after completion of construction including final grading of
the site. Any lowest floor certification made relative to mean sea level shall be
prepared by or under the direct supervision of a registered land surveyor or
Professional Engineer and certified by same. When flood-proofing is utilized for non-
residential structures, said certification shall be prepared by or under the direct
supervision of a Professional Engineer and certified by same.
Any work undertaken prior to approval of these certifications shall be at the permit
holder’s risk. The Manager shall review the above referenced certification data
submitted. Deficiencies detected by such review shall be corrected by the permit
holder immediately and prior to further work being allowed to proceed. Failure to
submit certification or failure to make the corrections required hereby shall be cause
to issue a stop work order for the project.
(d) Duties and Responsibilities of the Administrator
Duties of the Manager shall include, but shall not be limited to:
(i) Review all land development applications and permits to assure that the
requirements of this ordinance have been satisfied/and to determine whether
proposed building sites will be reasonably safe from flooding;
(ii) Require that copies of all necessary permits from governmental agencies
from which approval is required by Federal or state law, including section 404
of the Federal Water Pollution Control Act Amendments of 1972,33 U.S.C.
1334, be provided and maintained on file;
(iii) When Base Flood Elevation data or floodway data have not been provided,
then the Manager shall require the applicant to obtain, review and reasonably
utilize any base flood elevation and floodway data available from a Federal,
state or other sources in order to meet the provisions of Sections 4 and 5;
(iv) Review and record the actual elevation in relation to mean sea level (or
highest adjacent grade) of the lowest floor, including basement, of all new or
substantially improved structures;
(v) Review and record the actual elevation, in relation to mean sea level to which
any substantially improved structures have been flood-proofed;
(vi) When flood-proofing is utilized for a structure, the Manager shall obtain
certification of design criteria from a registered Professional Engineer;
(vii) Notify affected adjacent communities and the Georgia Department of Natural
Resources prior to any alteration or relocation of a watercourse and submit
evidence of such notification to the Federal Emergency Management Agency
(FEMA);
(viii) Where interpretation is needed as to the exact location of boundaries of the
Areas of Special Flood Hazard (e.g., where there appears to be a conflict
between a mapped boundary and actual field conditions) the Manager shall
make the necessary interpretation. Any person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the interpretation
as provided in this ordinance. Where floodplain elevations have been defined,
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the floodplain shall be determined based on flood elevations rather than the
area graphically delineated on the floodplain maps; and,
(ix) All records pertaining to the provisions of this ordinance shall be maintained
in the office of the Manager, and shall be open for public inspection.
Section 4: Standards for Development.
(a) Definition of Floodplain Boundaries
(i) Studied “A” zones, as identified in the FIS, shall be used to establish base
flood elevations whenever available.
(ii) For all streams with a drainage area of 100 acres or greater, the future-
conditions flood elevations shall be provided by the City of Milton. If future-
conditions elevation data is not available from the City of Milton, then it shall
be determined by a registered Professional Engineer using a method
approved by FEMA and the City of Milton.
(b) Definition of Floodway Boundaries
(i) The width of a floodway shall be determined from the FIS or FEMA approved
flood study. For all streams with a drainage area of 100 acres or greater, the
regulatory floodway shall be provided by the City of Milton. If floodway data
is not available from the City of Milton, then it shall be determined by a
registered Professional Engineer using a method approved by FEMA and the
City of Milton.
(c) General Standards
(i) No construction or structures, including grading, filling, cutting or
displacement of earth shall be allowed within the regulatory floodplain that
could result in any of the following:
(a) Raising the base flood elevation or future-conditions flood elevation
equal to or more than 0.01 foot.
(b) Reducing the base flood or future-conditions regulatory flood storage
capacity.
(c) Changing the flow characteristics as to the depth and velocity of the
waters of the base flood or future-conditions flood as they pass both
the upstream and the downstream boundaries of the property or,
(d) Creating hazardous or erosion-producing velocities, or resulting in
excessive sedimentation.
(ii) Any development within the future-conditions floodplain allowed under (i)
above shall also meet the following conditions:
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(a) Compensation for storage capacity shall occur between the average
ground water table elevation and the base flood elevation for the base
flood, and between the average ground water table elevation and the
future-condition flood elevation for the future-conditions flood, and lie
within the boundaries of ownership of the property being developed
and shall be within the immediate vicinity of the location of the
encroachment. Acceptable means of providing required
compensation include lowering of natural ground elevations within the
floodplain, or lowering of adjoining land areas to create additional
floodplain storage. In no case shall any required compensation be
provided via bottom storage or by excavating below the elevation of
the top of the natural (pre-development) stream channel unless such
excavation results from the widening or relocation of the stream
channel;
(b) Cut areas shall be stabilized and graded to a slope of no less than 2.0
percent;
(c) Effective transitions shall be provided such that flow velocities
occurring on both upstream and downstream properties are not
increased or decreased;
(d) Verification of no-rise conditions (0.01 foot or less), flood storage
volumes, and flow characteristics shall be provided via a step-
backwater analysis meeting the requirements of Section 4(d);
(e) Public utilities and facilities, such as water, sanitary sewer, gas, and
electrical systems, shall be located and constructed to minimize or
eliminate infiltration or contamination from flood waters; and
(f) Any significant physical changes to the base flood floodplain shall be
submitted as a Conditional Letter of Map Revision (CLOMR) or
Conditional Letter of Map Amendment (CLOMA), whichever is
applicable. The CLOMR submittal shall be subject to approval by the
City of Milton Community Development Department using the
Community Consent forms before forwarding the submittal package to
FEMA for final approval. The responsibility for forwarding the CLOMR
to FEMA and for obtaining the CLOMR approval shall be the
responsibility of the applicant. Within six months of the completion of
construction, the applicant shall submit as-built surveys for a final
Letter of Map Revision (LOMR).
(d) Engineering Study Requirements for Floodplain Encroachments
An engineering study is required, as appropriate to the proposed development
activities on the site, whenever a development proposes to disturb any land within
the future-conditions floodplain, except for a residential single-lot development on
streams without established base flood elevations and/or floodways for which the
provisions of Section 5 (d) apply. This study shall be prepared by a currently
registered Professional Engineer in the State of Georgia and made a part of the
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application for a permit. This information shall be submitted to and approved by the
City of Milton Community Development Department prior to the approval of any
permit which would authorize the disturbance of land located within the future-
conditions floodplain. Such study shall include:
(i) Description of the extent to which any watercourse or floodplain will be
altered or relocated as a result of the proposed development;
(ii) Step-backwater analysis, using a method approved by the City of Milton
Community Development Department. Cross-sections (which may be
supplemented by the applicant) and flow information will be obtained
whenever available. Computations will be shown duplicating FIS results and
will then be rerun with the proposed modifications to determine the new base
flood profiles and future-conditions flood profiles;
(iii) Floodplain storage calculations based on cross-sections (at least one every
100 feet) showing existing and proposed floodplain conditions to show
that base flood floodplain and future-conditions floodplain storage capacity
would not be diminished by the development;
(iv) The study shall include a preliminary plat, grading plan, or site plan, as
appropriate, which shall clearly define all future-conditions floodplain
encroachments.
(e) Floodway Encroachments
Located within Areas of Special Flood Hazard are areas designated as floodway. A
floodway may be an extremely hazardous area due to velocity flood waters, debris or
erosion potential. In addition, floodways must remain free of encroachment in order
to allow for the discharge of the base flood without increased flood heights.
Therefore the following provisions shall apply:
(i) Encroachments are prohibited, including earthen fill, new construction,
substantial improvements or other development within the regulatory
floodway, except when required for the construction of bridges, culverts,
roadways and utilities, provided it is demonstrated through hydrologic and
hydraulic analyses performed in accordance with standard engineering
practice that the encroachment shall not result in any increase to the pre-
project base flood elevations, floodway elevations, or floodway widths during
the base flood discharge. A registered Professional Engineer must provide
supporting technical data and certification thereof; and,
(ii) If the applicant proposes to revise the floodway boundaries, no permit
authorizing the encroachment into or an alteration of the floodway shall be
issued by the City of Milton until an affirmative Conditional Letter of Map
Revision (CLOMR) is issued by FEMA and no-rise certification is approved by
the City of Milton Community Development Department
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(f) Maintenance Requirements
The property owner shall be responsible for continuing maintenance as may be
needed within an altered or relocated portion of a floodplain on his property so
that the flood-carrying or flood storage capacity is not diminished. The City of Milton
may direct the property owner (at no cost to the City of Milton) to restore the flood-
carrying or flood storage capacity of the floodplain if the owner has not performed
maintenance as required by the approved floodplain management plan on file with
the City of Milton Community Development Department.
Section 5: Provisions for Flood Damage Reduction.
(a) General Standards
In all Areas of Special Flood Hazard, the following provisions apply:
(i) New construction of principal buildings (residential or non-residential),
including manufactured homes, shall not be allowed within the limits of the
future-conditions floodplain.
(ii) New construction or substantial improvements of existing structures shall be
anchored to prevent flotation, collapse or lateral movement of the structure;
(iii) New construction or substantial improvements of existing structures shall be
constructed with materials and utility equipment resistant to flood damage;
(iv) New construction or substantial improvements of existing structures shall be
constructed by methods and practices that minimize flood damage;
(v) Elevated Buildings. All new construction and substantial improvements of
existing structures that include any fully enclosed area located below the
lowest floor formed by foundation and other exterior walls shall be designed
so as to be an unfinished and flood resistant enclosure. The enclosure shall
be designed to equalize hydrostatic flood forces on exterior walls by allowing
for the automatic entry and exit of floodwater.
(a) Designs for complying with this requirement must be certified to
comply by a Professional Engineer and meet the following minimum
criteria:
(1) Provide a minimum of two openings having a total net area of
not less than one square inch for every square foot of
enclosed area subject to flooding;
(2) The bottom of all openings shall be no higher than one foot
above grade; and,
(3) Openings may be equipped with screens, louvers, valves or
other coverings or devices provided they permit the automatic
flow of floodwater in both directions.
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(b) So as not to violate the “Lowest Floor” criteria of this ordinance, the
unfinished or flood resistant enclosure shall only be used for parking
of vehicles, limited storage of maintenance equipment used in
connection with the premises, or entry to the elevated area; and,
(c) The interior portion of such enclosed area shall not be partitioned or
finished into separate rooms.
(vi) All heating and air conditioning equipment and components (including
ductwork), all electrical, ventilation, plumbing, and other service facilities shall
be designed and/or located three (3) feet above the base flood elevation or
one (1) foot above the future conditions flood elevation, whichever is higher
so as to prevent water from entering or accumulating within the components
during conditions of flooding;
(vii) Manufactured homes shall be anchored to prevent flotation, collapse, or
lateral movement. Methods of anchoring may include, but are not limited to,
use of over-the-top or frame ties to ground anchors. This standard shall be in
addition to and consistent with applicable State requirements for resisting
wind forces;
(viii) New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(ix) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters;
(x) Onsite waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding; and,
(xi) Any alteration, repair, reconstruction or improvement to a structure which is
not compliant with the provisions of this ordinance, shall be undertaken only if
the non- conformity is not furthered, extended or replaced.
(xii) If the proposed development is located in multiple flood zones or multiple
base flood elevations cross the proposed site, the higher or more restrictive
base flood elevation or future-condition elevation and development standards
shall take precedence.
(b) Building Standards for Structures and Buildings Within the Future-Conditions
Floodplain
(i) Residential Buildings
(a) New construction. New construction of principal buildings, including
manufactured homes shall not be allowed within the limits of the
future-conditions floodplain.
(b) Substantial Improvements. Substantial improvement of any principal
structure or manufactured home shall have the lowest floor, including
basement, elevated no lower than three (3) feet above the base flood
elevation adjacent to the building or at least as high as one (1) foot
above the future conditions flood elevation whichever is highest.
Should solid foundation perimeter walls be used to elevate a
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structure, openings sufficient to equalize the hydrologic flood forces
on exterior walls and facilitate the unimpeded movements of flood
waters shall be provided in accordance with standards of Section 5
(a)(v).
(ii) Non-Residential Buildings
(a) New construction. New construction of principal buildings, including
manufactured homes shall not be allowed within the limits of the
future-conditions floodplain.
(b) Substantial Improvements. Substantial improvement of any principal
non-residential structure located in A1- 30, AE, or AH zones, may be
authorized by the Manager to be flood-proofed in lieu of elevation.
The structure, together with attendant utility and sanitary facilities,
must be designed to be water tight to one (1) foot) above the base
flood elevation, or at least as high as the future-conditions flood
elevation, whichever is highest, with walls substantially impermeable
to the passage of water, and structural components having the
capability of resisting hydrostatic and hydrodynamic loads and the
effect of buoyancy. A registered Professional Engineer or architect
shall certify that the design and methods of construction are in
accordance with accepted standards of practice for meeting the
provisions above, and shall provide such certification to the Manager.
(iii) Accessory Structures and Facilities
Accessory structures and facilities (i.e., barns, sheds, gazebos, detached
garages, parking lots, recreational facilities and other similar structures and
facilities) which are permitted to be located within the limits of the floodplain
shall be constructed of flood-resistant materials and designed to pass all
floodwater in accordance with Section 5(a)(v) and anchored to prevent
flotation, collapse, or lateral movement of the structure.
(iv) Standards for Recreational Vehicles
All recreational vehicles placed on sites must either:
(a) Be on the site for fewer than 180 consecutive days and be fully
licensed and ready for highway use, (a recreational vehicle is
ready for highway use if it is licensed, on its wheels or jacking
system, attached to the site only by quick disconnect type
utilities and security devices, and has no permanently attached
structures or additions); or
(b) The recreational vehicle must meet all the requirements for
“Residential Buildings—Substantial Improvements”, including
the anchoring and elevation requirements above.
(vi) Standards for Manufactured Homes
(a) New manufactured homes shall not be allowed to be placed
within the limits of the future-conditions floodplain.
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(b) Manufactured homes placed and/or substantially improved in an
existing manufactured home park or subdivision shall be
elevated so that either:
(i) The lowest floor of the manufactured home is elevated no
lower than three (3) feet above the level of the base flood
elevation, or one (1) foot above the future-conditions flood
elevation, whichever is higher; or
(ii) The manufactured home chassis is elevated and
supported by reinforced piers (or other foundation
elements of at least an equivalent strength) of no less than
36 inches in height above grade.
(c) All manufactured homes must be securely anchored to an
adequately anchored foundation system to resist flotation,
collapse and lateral movement in accordance with standards of
Section 5.(a)(vii).
(c) Building Standards for Structures and Buildings Authorized Adjacent to the Future-
Conditions Floodplain
(i) Residential Buildings. For new construction or substantial improvement of
any principal residential building or manufactured home, the elevation of the
lowest floor, including basement and access to the building, shall be at least
three (3) feet above the level of the highest base flood (100 year) elevation
adjacent to the building or, at lease one (1) foot above the future-conditions
flood elevation, whichever is higher.
(ii) Non-Residential Buildings. For new construction or substantial improvement
of any principal non-residential building, the elevation of the lowest floor,
including basement and access to the building, shall be at least three (3) feet
above the level of the highest base flood elevation adjacent to the building or
at least, one (1) foot above the future-conditions flood elevation, whichever is
higher.
(d) Building Standards for Residential Single-Lot Development on Streams without
Established Base Flood Elevations and/or Floodway (A-Zones)
For a residential Single-Lot development not part of a subdivision that has Areas of
Special Flood Hazard, where streams exist but no base flood data have been
provided (A-Zones), the Manager shall review and reasonably utilize any available
scientific or historic flood elevation, data, base flood elevation floodway data or
future-conditions flood elevation data available from a Federal, State, or other
source, in order to administer the provisions and standards of this Ordinance. If
sufficient data are not available from these sources, then the Manager may require a
hydrologic assessment performed by a registered Professional Engineer to
determine the base flood elevation and future-conditions flood elevation.
Development for this situation shall comply with Section 5(a-c) of this Article.
(e) Building Standards for Areas of Shallow Flooding (AO-Zones)
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Areas of Special Flood Hazard may include designated “AO” shallow flooding areas.
These areas have base flood depths of one to three feet (1’-3’) above ground, with
no clearly defined channel. In these areas the following provisions apply:
(i) All substantial improvements of residential and non-residential structures
shall have the lowest floor, including basement, elevated to no lower than one
(1) foot above the flood depth number specified on the Flood Insurance Rate
Map (FIRM), above the highest adjacent grade. If no flood depth number is
specified, the lowest floor, including basement, shall be elevated at least
three (3) feet above the highest adjacent grade. Openings sufficient to
facilitate the unimpeded movements of flood waters shall be provided in
accordance with standards for “Elevated Buildings”
The applicant’s or owner’s engineer shall certify to the Manager the lowest
floor elevation level complies and the record shall become a permanent part
of the permit file;
(ii) Substantial improvement of a non- residential structure may be flood-proofed
in lieu of elevation. The structure, together with attendant utility and sanitary
facilities, must be designed to be water tight to the specified FIRM flood level
plus one (1) foot above the highest adjacent grade, with walls substantially
impermeable to the passage of water, and structural components having the
capability of resisting hydrostatic and hydrodynamic loads and the effect of
buoyancy. A registered Professional Engineer or architect shall certify that
the design and methods of construction are in accordance with accepted
standards of practice; and,
(iii) Drainage paths shall be provided to guide floodwater around and away from
any proposed structure.
(f) Standards for Subdivisions
(i) All subdivision proposals shall identify the special flood hazard area and
provide base flood elevation data, and future-conditions flood elevation data.
(ii) All residential lots in a subdivision proposal shall have sufficient buildable
area outside of the future-conditions flood plain such that encroachments into
the future-conditions floodplain for residential structures will not be required.
Buildable area shall not be less than what is required per the Milton Zoning
Ordinance.
(iii) All subdivision plans will provide the elevations of proposed structure(s) in
accordance with Section 3(b).
(iv) All subdivision proposals shall be consistent with the need to minimize
flood damage;
(v) All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to minimize
or eliminate infiltration of flood waters and discharges from the systems into
flood waters; and,
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(vi) All subdivision proposals shall have adequate drainage and stormwater
management facilities per the requirements of the City of Milton to reduce
potential exposure to flood hazards
(g) Standards for Utilities
(i) All new and replacement water supply and sanitary sewerage systems shall
be designed to minimize or eliminate:
(a) infiltration of flood waters into the systems; and,
(b) discharges from the systems into flood waters.
(ii) Onsite waste disposal systems shall be located outside the floodplain to
avoid impairment to them, or contamination from them during flooding.
Section 6: Variance Procedures.
(a) The City of Milton Board of Zoning Appeals shall hear and decide requests for
appeals or variances from the requirements of this ordinance. At a minimum, such
procedures shall include notice to all affected parties and the opportunity to be
heard.
(b) The City of Milton Board of Zoning Appeals shall hear and decide appeals when it is
alleged an error in any requirement, decision, or determination is made by the
Manager in the enforcement or administration of this ordinance. At a minimum, such
procedures shall include notice to all affected parties and the opportunity to be
heard.
(c) Any person aggrieved by the decision of the Board of Zoning Appeals may appeal
such decision to the Superior Court of Fulton County, as provided in Section 5-4-1 of
the Official Code of Georgia Annotated.
(d) All decisions of the Fulton County Board of Zoning Appeals regarding properties
located within the City limits of the City of Milton prior to December 1, 2006 are
hereby adopted and incorporated by reference. Such decisions of the Fulton County
Board of Zoning Appeals will have the same legal effect as if they were decisions of
the City of Milton Board of Zoning Appeals.
(e) Variances may be issued for the repair or rehabilitation of Historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the
structure’s continued designation as a Historic structure and the variance issued
shall be the minimum necessary to preserve the historic character and design of the
structure.
(f) Variances may be issued for development necessary for the conduct of a functionally
dependent use, provided the criteria of this Article are met, no reasonable alternative
exists, and the development is protected by methods that minimize flood damage
during the base flood and create no additional threats to public safety.
(g) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
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(h) In reviewing such requests, the Board of Zoning Appeals shall consider all technical
evaluations, relevant factors, and all standards specified in this and other sections of
this ordinance.
(i) Conditions for Variances:
(i) A variance shall be issued only when there is:
(a) a finding of good and sufficient cause;
(b) a determination that failure to grant the variance would result
in exceptional hardship; and,
(c) a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisance, or cause fraud
on or victimization of the public.
(ii) The provisions of this ordinance are minimum standards for flood loss
reduction, therefore any deviation from the standards must be weighed
carefully. Variances shall only be issued upon determination that the variance
is the minimum necessary, considering the flood hazard, to afford relief; and,
in the instance of a Historic structure, a determination that the variance is the
minimum necessary so as not to destroy the historic character and design of
the building.
(iii) Any applicant to whom a variance is granted shall be given written notice
specifying the difference between the base flood elevation and the elevation
of the proposed lowest floor and stating that the cost of flood insurance will
be commensurate with the increased risk to life and property resulting from
the reduced lowest floor elevation.
(iv) The Manager shall maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency upon request.
(j) Upon consideration of the factors listed above and the purposes of this ordinance,
the Board of Zoning Appeals may attach such conditions to the granting of variances
as it deems necessary to further the purposes of this ordinance.
Section 7: Violations, Enforcement, and Penalties.
Any action or inaction which violates the provisions of this ordinance or the requirements of
an approved stormwater management plan or permit, may be subject to the enforcement
actions outlined in this Section. Any such action or inaction which is continuous with respect
to time is deemed to be a public nuisance and may be abated by injunctive or other
equitable relief. The imposition of any of the penalties described below shall not prevent
such equitable relief. The imposition of any of the penalties described below shall not
prevent such equitable relief.
(a). Notice of Violation
If the City of Milton Community Development Department determines that an
applicant or other responsible person has failed to comply with the terms and
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conditions of a permit, an approved stormwater management plan or the provisions
of this ordinance, it shall issue a written notice of violation to such applicant or other
responsible person. Where a person is engaged in activity covered by this ordinance
without having first secured a permit therefore, the notice of violation shall be served
on the owner or the responsible person in charge of the activity being conducted on
the site.
The notice of violation shall contain:
(i) The name and address of the owner or the applicant or the responsible
person;
(ii) The address or other description of the site upon which the violation is
occurring;
(iii) A statement specifying the nature of the violation;
(iv) A description of the remedial measures necessary to bring the action or
inaction into compliance with the permit, the stormwater management plan or
this ordinance and the date for the completion of such remedial action;
(v) A statement of the penalty or penalties that may be assessed against the
person to whom the notice of violation is directed; and,
(vi) A statement that the determination of violation may be appealed to the City of
Milton Community Development Department by filing a written notice of
appeal within thirty (30) days after the notice of violation (except, that in the
event the violation constitutes an immediate danger to public health or public
safety, 24 hours notice shall be sufficient).
(b) Penalties
In the event the remedial measures described in the notice of violation have not been
completed by the date set forth for such completion in the notice of violation, any one
or more of the following actions or penalties may be taken or assessed against the
person to whom the notice of violation was directed. Before taking any of the
following actions or imposing any of the following penalties, the City of Milton
Community Development Department shall first notify the applicant or other
responsible person in writing of its intended action, and shall provide a reasonable
opportunity, of not less than ten (10) days (except, that in the event the violation
constitutes an immediate danger to public health or public safety, 24 hours notice
shall be sufficient) to cure such violation. In the event the applicant or other
responsible person fails to cure such violation after such notice and cure period, the
City of Milton Community Development Department may take any one or more of the
following actions or impose any one or more of the following penalties.
(i) Stop Work Order. The City of Milton Community Development Department
may issue a stop work order which shall be served on the applicant or other
responsible person. The stop work order shall remain in effect until the
applicant or other responsible person has taken the remedial measures set
forth in the notice of violation or has otherwise cured the violation or violations
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described therein, provided the stop work order may be withdrawn or
modified to enable the applicant or other responsible person to take the
necessary remedial measures to cure such violation or violations.
(ii) Withhold Certificate of Occupancy. The City may refuse to issue a certificate
of occupancy for the building or other improvements constructed or being
constructed on the site until the applicant or other responsible person has
taken the remedial measures set forth in the notice of violation or has
otherwise cured the violations described therein.
(iii) Suspension, Revocation or Modification of Permit. The City may suspend,
revoke or modify the permit authorizing the land development project. A
suspended, revoked or modified permit may be reinstated after the applicant
or other responsible person has taken the remedial measures set forth in the
notice of violation or has otherwise cured the violations described therein,
provided such permit may be reinstated (upon such conditions as the City of
Milton Community Development Department may deem necessary) to enable
the applicant or other responsible person to take the necessary remedial
measures to cure such violations.
(iv) Civil Penalties. In the event the applicant or other responsible person fails to
take the remedial measures set forth in the notice of violation or otherwise
fails to cure the violations described therein within ten (10) days, or such
greater period as the City of Milton Community Development Department
shall deem appropriate (except, that in the event the violation constitutes an
immediate danger to public health or public safety, 24 hours notice shall be
sufficient) after the Department has taken one or more of the actions
described above, it may impose a penalty not to exceed $1,000 per day
(depending on the severity of the violation) for each day the violation remains
unremedied after receipt of the notice of violation.
(v) Criminal Penalties. For intentional and flagrant violations of this ordinance,
the City of Milton Community Development Department may issue a citation
to the applicant or other responsible person, requiring such person to appear
in magistrate court to answer charges for such violation. Upon conviction,
such person shall be punished by a fine not to exceed $1,000 per day or
imprisonment for 60 days or both. Each act of violation and each day upon
which any violation shall occur shall constitute a separate offense.
Article 4: Illicit Discharge and Illegal Connection.
Section 1: General Provisions.
(a) Purpose and Intent
The purpose of this ordinance is to protect the public health, safety, environment
and general welfare through the regulation of non-stormwater discharges to the City
of Milton separate storm sewer system to the maximum extent practicable as
required by Federal law. This ordinance establishes methods for controlling the
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introduction of pollutants into the City of Milton separate storm sewer system in order
to comply with requirements of the National Pollutant Discharge Elimination System
(NPDES) permit process. The objectives of this ordinance are to:
(i) Regulate the contribution of pollutants to the storm sewer system by
any person;
(ii) Prohibit illicit discharges and illegal connections to the storm sewer
system;
(iii) Prevent non-stormwater discharges, generated as a result of spills,
inappropriate dumping or disposal, to the storm sewer system; and,
(iv) To establish legal authority to carry out all inspection, surveillance, monitoring
and enforcement procedures necessary to ensure compliance with this
ordinance
(b) Applicability
The provisions of this ordinance shall apply throughout the City of Milton.
(c) Compatibility with Other Regulations
This ordinance is not intended to modify or repeal any other ordinance, rule,
regulation, other provision of law. The requirements of this ordinance are in addition
to the requirements of any other ordinance, rule, regulation, or other provision of law,
and where any provision of this ordinance imposes restrictions different from those
imposed by any other ordinance, rule, regulation, or other provision of law, whichever
provision is more restrictive or imposes higher protective standards for human health
or the environment shall control.
(d) Severability
If the provisions of any section, subsection, paragraph, subdivision or clause of this
ordinance shall be adjudged invalid by a court of competent jurisdiction, such
judgment shall not affect or invalidate the remainder of any section, subsection,
paragraph, subdivision or clause of this ordinance.
(e) Responsibility for Administration
The City of Milton Community Development Department shall administer, implement,
and enforce the provisions of this ordinance.
Section 2: Definitions.
(a) “Accidental Discharge” means a discharge prohibited by this ordinance which occurs
by chance and without planning or thought prior to occurrence.
(b) “Clean Water Act” means the Federal Water Pollution Control Act
(33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
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(c) “Construction Activity” means activities subject to the Georgia Erosion and
Sedimentation Control Act or NPDES General Construction Permits. These include
construction projects resulting in land disturbance. Such activities include but are not
limited to clearing and grubbing, grading, excavating, and demolition.
(d) “Manager” means Manager of City of Milton Community Development Department.
(e) “Illicit Discharge” means any direct or indirect non-stormwater discharge to the
(municipal/county) separate storm sewer system, except as exempted in Section 3
of this ordinance.
(f) “Illegal Connection” means either of the following:
(i) Any pipe, open channel, drain or conveyance, whether on the surface
or subsurface, which allows an illicit discharge to enter the storm drain
system including but not limited to any conveyances which allow any non-
stormwater discharge including sewage, process wastewater, and wash
water to enter the storm drain system, regardless of whether such pipe, open
channel, drain or conveyance has been previously allowed, permitted, or
approved by an authorized enforcement agency; or
(ii) Any pipe, open channel, drain or conveyance connected to the Milton
separate storm sewer system which has not been documented in plans,
maps, or equivalent records and approved by an authorized enforcement
agency.
(f) “Industrial Activity” means activities subject to NPDES Industrial Permits as defined
in 40 CFR, Section 122.26 (b)(14).
(g) “National Pollutant Discharge Elimination System (NPDES) Storm Water
Discharge Permit” means a permit issued by the Georgia EPD under authority
delegated pursuant
to 33 USC § 1342(b) that authorizes the discharge of pollutants to waters of the
United States, whether the permit is applicable on an individual, group, or general
area-wide basis.
(h) “City of Milton Separate Storm Sewer System” means any facility designed or used
for collecting and/or conveying stormwater, including but not limited to any roads with
drainage systems, highways, City of Milton streets, curbs, gutters, inlets, catch
basins, piped storm drains, pumping facilities, structural stormwater controls, ditches,
swales, natural and man-made or altered drainage channels, reservoirs, and other
drainage structures, and which is:
(i) Owned or maintained by the City;
(ii) Not a combined sewer; and
(iii) Not part of a publicly-owned treatment works.
(i) “Non-Stormwater Discharge” means any discharge to the storm drain system that is
not composed entirely of stormwater.
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(j) “Person” means, except to the extent exempted from this ordinance, any individual,
partnership, firm, association, joint venture, public or private corporation, trust,
estate, commission, board, public or private institution, utility, cooperative, city,
county or other political subdivision of the State, any interstate body or any other
legal entity.
(k) “Pollutant” means anything which causes or contributes to pollution. Pollutants may
include, but are not limited to: paints, varnishes, and solvents; petroleum
hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or
otherwise); degreasers; cleaning chemicals; non-hazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned
objects and accumulations, so that same may cause or contribute to pollution;
floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes; sewage,
fecal coliform and pathogens; dissolved and particulate metals; animal wastes;
wastes and residues that result from constructing a building or structure; concrete
and cement; and noxious or offensive matter of any kind.
(l) “Pollution” means the contamination or other alteration of any water’s physical,
chemical or biological properties by the addition of any constituent and includes but
is not limited to, a change in temperature, taste, color, turbidity, or odor of such
waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance
into any such waters as will or is likely to create a nuisance or render such waters
harmful, detrimental or injurious to the public health, safety, welfare, or environment,
or to domestic, commercial, industrial, agricultural, recreational, or other legitimate
beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
(m) “Premises” mean any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
(n) “State Waters” means any and all rivers, streams, creeks, branches, lakes,
reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface and
subsurface water, natural or artificial, lying within or forming a part of the boundaries
of the State of Georgia which are not entirely confined and retained completely upon
the property of a single person.
(o) “Stormwater Runoff” or “Stormwater” means any surface flow, runoff, and drainage
consisting entirely of water from any form of natural precipitation, and resulting from
such precipitation.
(p) “Structural Stormwater Control” means a structural stormwater management facility
or device that controls stormwater runoff and changes the characteristics of that
runoff including, but not limited to, the quantity and quality, the period of release or
the velocity of flow.
Section 3: Prohibitions.
(a) Prohibition of Illicit Discharges
No person shall throw, drain, or otherwise discharge, cause, or allow others under its
control to throw, drain, or otherwise discharge into the City of Milton separate storm
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sewer system any pollutants or waters containing any pollutants, other than
stormwater.
The following discharges are exempt from the prohibition provision above:
(i) Water line flushing performed by a government agency, other potable water
sources, landscape irrigation or lawn watering, diverted stream flows, rising
ground water, ground water infiltration to storm drains, uncontaminated
pumped ground water, foundation or footing drains (not including active
groundwater dewatering systems), crawl space pumps, air conditioning
condensation, springs, natural riparian habitat or wetland flows, and any other
water source not containing pollutants;
(ii) Discharges or flows from fire fighting, and other discharges specified in
writing by the Manager as being necessary to protect public health and
safety;
(iii) The prohibition provision above shall not apply to any non-stormwater
discharge permitted under an NPDES permit or order issued to the
discharger and administered under the authority of the State and the Federal
Environmental Protection Agency, provided that the discharger is in full
compliance with all requirements of the permit, waiver, or order and other
applicable laws and regulations, and provided that written approval has been
granted for any discharge to the City of Milton separate storm sewer system.
(b) Prohibition of Illegal Connections
The construction, connection, use, maintenance or continued existence of any illegal
connection to the storm sewer system is prohibited.
(i) This prohibition expressly includes, without limitation, illegal connections
made in the past, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection.
(ii) A person violates this ordinance if the person connects a line conveying
sewage to the storm sewer system, or allows such a connection to continue.
(iii) Improper connections in violation of this ordinance must be disconnected and
redirected, if necessary, to an approved onsite wastewater management
system or the sanitary sewer system upon approval of the Public Works
Department.
(iv) Any drain or conveyance that has not been documented in plans, maps or
equivalent, and which may be connected to the storm sewer system, shall be
located by the owner or occupant of that property upon receipt of written
notice of violation from the City of Milton Community Development
Department requiring that such locating be completed. Such notice will
specify a reasonable time period within which the location of the drain or
conveyance is to be completed, that the drain or conveyance be identified as
storm sewer, sanitary sewer or other, and that the outfall location or point of
connection to the storm sewer system, sanitary sewer system or other
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discharge point be identified. Results of these investigations are to be
documented and provided to the Community Development Department.
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Section 4: Industrial or Construction Activity Discharges.
Any person subject to an industrial or construction activity NPDES stormwater
discharge permit shall comply with all provisions of such permit. Proof of compliance
with said permit may be required in a form acceptable to the City of Milton
Community Development Department prior to allowing discharges to the municipal
separate storm sewer system.
Section 5: Access and Inspection of Properties and Facilities.
The City of Milton Community Development Department shall be permitted to enter and
inspect properties and facilities at reasonable times as often as may be necessary to
determine compliance with this ordinance.
(a) If a property or facility has security measures in force which require proper
identification and clearance before entry into its premises, the owner or operator
shall make the necessary arrangements to allow access to representatives of the
City of Milton Community Development Department.
(b) The owner or operator shall allow the City of Milton Community Development
Department ready access to all parts of the premises for the purposes of inspection,
sampling, photography, videotaping, examination and copying of any records that
are required under the conditions of an NPDES permit to discharge stormwater.
(c) The City of Milton Community Development Department shall have the right to set up
on any property or facility such devices as are necessary in the opinion of the
Department to conduct monitoring and/or sampling of flow discharges.
(d) The City of Milton Community Development Department may require the owner or
operator to install monitoring equipment and perform monitoring as necessary, and
make the monitoring data available to the its designees. This sampling and
monitoring equipment shall be maintained at all times in a safe and proper operating
condition by the owner or operator at his/her own expense. All devices used to
measure flow and quality shall be calibrated to ensure their accuracy.
(e) Any temporary or permanent obstruction to safe and easy access to the property or
facility to be inspected and/or sampled shall be promptly removed by the owner or
operator at the written or oral request of the City of Milton Community Development
Department and shall not be replaced. The costs of clearing such access shall be
borne by the owner or operator.
(f) Unreasonable delays in allowing the City of Milton Community Development
Department access to a facility is a violation of this ordinance.
(g) If the City of Milton Community Development Department has been refused access
to any part of the premises from which stormwater is discharged, and the
Department is able to demonstrate probable cause to believe that there may be a
violation of this ordinance, or that there is a need to inspect and/or sample as part of
a routine inspection and sampling program designed to verify compliance with this
ordinance or any order issued hereunder, or to protect the overall public health,
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safety, environment and welfare of the community, then the Community
Development Department may seek issuance of a search warrant from any court of
competent jurisdiction.
Section 6: Notification of Accidental Discharges and Spills.
Notwithstanding other requirements of law, as soon as any person responsible for a facility,
activity or operation, or responsible for emergency response for a facility, activity or
operation has information of any known or suspected release of pollutants or non-
stormwater discharges from that facility or operation which are resulting or may result in illicit
discharges or pollutants discharging into stormwater, the (City of Milton) separate storm
sewer system, State Waters, or Waters of the U.S., said person shall take all necessary
steps to ensure the discovery, containment, and cleanup of such release so as to minimize
the effects of the discharge. .
Said person shall notify the authorized enforcement agency in person or by phone, facsimile
or in person no later than 24 hours of the nature, quantity and time of occurrence of the
discharge. Notifications in person or by phone shall be confirmed by written notice
addressed and mailed to the City of Milton Community Development Department within
three business days of the phone or in person notice. If the discharge of prohibited materials
emanates from a commercial or industrial establishment, the owner or operator of such
establishment shall also retain an onsite written record of the discharge and the actions
taken to prevent its recurrence. Such records shall be retained for at least three years. Said
person shall also take immediate steps to ensure no recurrence of the discharge or spill.
In the event of such a release of hazardous materials, emergency response agencies and/or
other appropriate agencies shall be immediately notified.
Failure to provide notification of a release as provided above is a violation of this ordinance.
Section 7: Violations, Enforcement and Penalties.
(a) Violations
It shall be unlawful for any person to violate any provision or fail to comply with any
of the requirements of this Ordinance. Any person who has violated or continues to
violate the provisions of this ordinance, may be subject to the enforcement actions
outlined in this section or may be restrained by injunction or otherwise abated in a
manner provided by law.
In the event the violation constitutes an immediate danger to public health or public
safety, the City of Milton Community Development Department is authorized to enter
upon the subject private property, without giving prior notice, to take any and all
measures necessary to abate the violation and/or restore the property. The
Community Development Department is authorized to seek costs of the abatement
as outlined in Section 7.5.
(b) Notice of Violation
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Whenever the City of Milton Community Development Department finds that a
violation of this ordinance has occurred, the Department may order compliance by
written notice of violation.
(i) The notice of violation shall contain:
(A) The name and address of the alleged violator;
(B) The address when available or a description of the building,
structure or land upon which the violation is occurring, or has
occurred;
(C) A statement specifying the nature of the violation;
(D) A description of the remedial measures necessary to restore
compliance with this ordinance and a time schedule for the completion
of such remedial action;
(E) A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed; and,
(F) A statement that the determination of violation may be appealed to the
City of Milton Community Development Department by filing a written
notice of appeal within thirty (30) days of service of notice of violation.
(ii) Such notice may require without limitation:
(A) The performance of monitoring, analyses, and reporting;
(B) The elimination of illicit discharges and illegal connections;
(C) That violating discharges, practices, or operations shall cease and
desist;
(D) The abatement or remediation of stormwater pollution or
contamination hazards and the restoration of any affected property;
(E) Payment of costs to cover administrative and abatement costs; and,
(F) The implementation of pollution prevention practices.
(c) Appeal of Notice of Violation
Any person receiving a Notice of Violation may appeal the determination of the City
of Milton Community Development Department. The notice of appeal must be
received within thirty (30) days from the date of the Notice of Violation. Hearing on
the appeal before the Manager or his/her designee shall take place within 15 days
from the date of receipt of the notice of appeal. The decision of the appropriate
authority or their designee shall be final.
(d) Enforcement Measures After Appeal
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If the violation has not been corrected pursuant to the requirements set forth in the
Notice of Violation, or, in the event of an appeal, within 30 days of the decision of the
appropriate authority upholding the decision of the City of Milton Community
Development Department, then representatives of the Department may enter upon
the subject private property and are authorized to take any and all measures
necessary to abate the violation and/or restore the property. It shall be unlawful for
any person, owner, agent or person in possession of any premises to refuse to allow
the government agency or designated contractor to enter upon the premises for the
purposes set forth above.
(e) Costs of Abatement of the Violation
Within 60 days after abatement of the violation, the owner of the property will be
notified of the cost of abatement, including administrative costs. The property owner
may file a written protest objecting to the assessment or to the amount of the
assessment within 30 days of such notice. If the amount due is not paid within thirty
(30) days after receipt of the notice, or if an appeal is taken, within thirty (30) days
after a decision on said appeal, the charges shall become a special assessment
against the property and shall constitute a lien on the property for the amount of the
assessment.
Any person violating any of the provisions of this article shall become liable to the
City of Milton by reason of such violation.
(f) Civil Penalties
In the event the alleged violator fails to take the remedial measures set forth in the
notice of violation or otherwise fails to cure the violations described therein within ten
days, or such greater period as the City of Milton Community Development
Department shall deem appropriate, after the Department has taken one or more of
the actions described above, the Department may impose a penalty not to exceed
$1,000 (depending on the severity of the violation) for each day the violation remains
unremedied after receipt of the notice of violation.
(g) Criminal Penalties
For intentional and flagrant violations of this ordinance, the City of Milton Community
Development Department may issue a citation to the alleged violator requiring such
person to appear in magistrate court to answer charges for such violation. Upon
conviction, such person shall be punished by a fine not to exceed $1,000 or
imprisonment for 60 days or both. Each act of violation and each day upon which any
violation shall occur shall constitute a separate offense.
(h) Violations Deemed a Public Nuisance
In addition to the enforcement processes and penalties provided, any condition
caused or permitted to exist in violation of any of the provisions of this ordinance is a
threat to public health, safety, welfare, and environment and is declared and deemed
a nuisance, and may be abated by injunctive or other equitable relief as provided by
law.
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(i) Remedies Not Exclusive
The remedies listed in this ordinance are not exclusive of any other remedies
available under any applicable Federal, State or local law and the City of Milton
Community Development Department may seek cumulative remedies.
The City of Milton Community Development Department may recover attorney’s fees,
court costs, and other expenses associated with enforcement of this ordinance,
including sampling and monitoring expenses.
Article 5: Post-Development Stormwater Management for New Development and
Redevelopment.
Section 1: General Provisions.
(a) Purpose and Intent
The purpose of this ordinance is to protect, maintain and enhance the public health,
safety, environment and general welfare by establishing minimum requirements and
procedures to control the adverse effects of increased post-development stormwater
runoff and nonpoint source pollution associated with new development and
redevelopment. It has been determined that proper management of post-
development stormwater runoff will minimize damage to public and private property
and infrastructure, safeguard the public health, safety, environment and general
welfare of the public, and protect water and aquatic resources. This ordinance seeks
to meet that purpose through the following objectives:
(i) Establish decision-making processes surrounding land development
activities that protect the integrity of the watershed and preserve the health of
water resources;
(ii) Require that new development and redevelopment maintain the pre-
development hydrologic response in their post-development state as nearly
as practicable in order to reduce flooding, streambank erosion, nonpoint
source pollution and increases in stream temperature, and maintain the
integrity of stream channels and aquatic habitats;
(iii) Establish minimum post-development stormwater management standards
and design criteria for the regulation and control of stormwater runoff quantity
and quality;
(iv) Establish design and application criteria for the construction and use of
structural stormwater control facilities that can be used to meet the minimum
post-development stormwater management standards;
(v) Encourage the use of nonstructural stormwater management and stormwater
better site design practices, such as the preservation of greenspace and
other conservation areas, to the maximum extent practicable. Coordinate site
design plans, which include greenspace, with the county’s greenspace
protection plan;
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(vi) Establish provisions for the long-term responsibility for and maintenance of
structural stormwater control facilities and nonstructural stormwater
management practices to ensure that they continue to function as designed,
are maintained, and pose no threat to public safety; and,
(vii) Establish administrative procedures for the submission, review, approval and
disapproval of stormwater management plans, and for the inspection of
approved active projects, and long-term follow up.
(b) Applicability
(i) This ordinance shall be applicable to all land development, including, but not
limited to, site plan applications, subdivision applications, and grading
applications, unless exempt pursuant to Subsection 2 below. These
standards apply to any new development or redevelopment site that meets
one or more of the following criteria; or as other wise required by the
Manager;
(A) New development that involves the creation of 5,000 square
feet or more of impervious cover, or that involves other land
development activities of 5,000 square feet or more;
(B) Redevelopment that includes the creation, addition or
replacement of 5,000 square feet or more of impervious cover, or that
involves other land development activity of 5,000 square feet or more;
(C) Any new development or redevelopment, regardless of size, that is
defined by the Manager to be a hotspot land use; or,
(D) Land development activities that are smaller than the minimum
applicability criteria set forth in items A and B above if such activities
are part of a larger common plan of development, even though
multiple, separate and distinct land development activities may take
place at different times on different schedules.
(ii) The following activities are exempt from this ordinance:
(A) Agricultural or silvicultural land management activities within areas
zoned for these activities; and,
(B) Repairs to any stormwater management facility or practice deemed
necessary by the Manager.
(c) Designation of Ordinance Administrator
The Manager or a designee is hereby appointed to administer and implement the
provisions of this ordinance.
(d) Compatibility with Other Regulations
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This ordinance is not intended to modify or repeal any other ordinance, rule,
regulation or other provision of law. The requirements of this ordinance are in
addition to the requirements of any other ordinance, rule, regulation or other
provision of law, and where any provision of this ordinance imposes restrictions
different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher protective
standards for human health or the environment shall control.
(e) Severability
If the provisions of any section, subsection, paragraph, subdivision or clause of this
ordinance shall be adjudged invalid by a court of competent jurisdiction, such
judgment shall not affect or invalidate the remainder of any section, subsection,
paragraph, subdivision or clause of this ordinance.
(f) Stormwater Design Manual
The City of Milton will utilize the policy, criteria and information including technical
specifications and standards in the latest edition of the Georgia Stormwater
Management Manual and any relevant City addenda (or equivalent City stormwater
management design manual), for the proper implementation of the requirements of
this ordinance. The manual may be updated and expanded periodically, based on
improvements in science, engineering, monitoring and local maintenance
experience.
Section 2: Definitions.
(a) “Applicant” means a person submitting a post-development stormwater management
application and plan for approval.
(b) “Channel” means a natural or artificial watercourse with a definite bed and banks that
conducts continuously or periodically flowing water.
(c) “Conservation Easement” means an agreement between a land owner and the
City of Milton or other government agency or land trust that permanently protects
open space or greenspace on the owner’s land by limiting the amount and type of
development that can take place, but continues to leave the remainder of the fee
interest in private ownership.
(d) “Detention” means the temporary storage of stormwater runoff in a stormwater
management facility for the purpose of controlling the peak discharge.
(e) “Detention Facility” means a detention basin or structure designed for the detention
of stormwater runoff and gradual release of stored water at controlled rates.
(f) “Developer” means a person who undertakes land development activities.
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(g) “Development” means a land development or land development project.
(h) “Manager” means Manager of City of Milton Community Development Department
(i) “Drainage Easement” means an easement appurtenant or attached to a tract or
parcel of land allowing the owner of adjacent tracts or other persons to discharge
stormwater runoff onto the tract or parcel of land subject to the drainage easement.
(j) “Erosion and Sedimentation Control Plan” means a plan that is designed to minimize
the accelerated erosion and sediment runoff at a site during land disturbance
activities.
(k) “Extended Detention” means the detention of stormwater runoff for an extended
period, typically 24 hours or greater.
(l) “Extreme Flood Protection” means measures taken to prevent adverse impacts from
large low-frequency storm events with a return frequency of 100 years or more.
(m) “Flooding” means a volume of surface water that is too great to be confined within
the banks or walls of a conveyance or stream channel and that overflows onto
adjacent lands.
(n) “Greenspace” or “Open Space” means permanently protected areas of the site that
are preserved in a natural state.
(o) “Hotspot” means an area where the use of the land has the potential to generate
highly contaminated runoff, with concentrations of pollutants in excess of those
typically found in stormwater.
(p) “Hydrologic Soil Group (HSG)” means a Natural Resource Conservation Service
classification system in which soils are categorized into four runoff potential groups.
The groups range from group A soils, with high permeability and little runoff
produced, to group D soils, which have low permeability rates and produce much
more runoff.
(q) “Impervious Cover” means a surface composed of any material that significantly
impedes or prevents the natural infiltration of water into soil. Impervious surfaces
include, but are not limited to, rooftops, buildings, streets and roads, and any
concrete or asphalt surface.
(r) “Industrial Stormwater Permit” means a National Pollutant Discharge Elimination
System (NPDES) permit issued to an industry or group of industries which regulates
the pollutant levels associated with industrial stormwater discharges or specifies
onsite pollution control strategies.
(s) “Infiltration” means the process of percolating stormwater runoff into the subsoil.
(t) “Jurisdictional Wetland” means an area that is inundated or saturated by surface
water
or groundwater at a frequency and duration sufficient to support a prevalence of
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vegetation typically adapted for life in saturated soil conditions, commonly known
as hydrophytic vegetation.
(u) “Land Development” means any land change, including, but not limited to, clearing,
digging, grubbing, stripping, removal of vegetation, dredging, grading, excavating,
transporting and filling of land, construction, paving, and any other installation of
impervious cover.
(v) “Land Development Activities” means those actions or activities which comprise,
facilitate or result in land development.
(w) “Land Development Project” means a discrete land development undertaking.
(x) “Inspection and Maintenance Agreement” means a written agreement providing for
the long-term inspection and maintenance of stormwater management facilities and
practices on a site or with respect to a land development project, which when
properly recorded in the deed records constitutes a restriction on the title to a site or
other land involved in a land development project.
(y) “New Development” means a land development activity on a previously
undeveloped site.
(z) “Nonpoint Source Pollution” means a form of water pollution that does not originate
from a discrete point such as a sewage treatment plant or industrial discharge, but
involves the transport of pollutants such as sediment, fertilizers, pesticides, heavy
metals, oil, grease, bacteria, organic materials and other contaminants from land to
surface water and groundwater via mechanisms such as precipitation, stormwater
runoff, and leaching. Nonpoint source pollution is a by-product of land use practices
such as agricultural, silvicultural, mining, construction, subsurface disposal and
urban runoff sources.
(aa) “Nonstructural Stormwater Management Practice” or “Nonstructural Practice” means
any natural or planted vegetation or other nonstructural component of the stormwater
management plan that provides for or enhances stormwater quantity and/or quality
control or other stormwater management benefits, and includes, but is not limited to,
riparian buffers, open and greenspace areas, overland flow filtration areas, natural
depressions, and vegetated channels.
(bb) “Offsite Facility” means a stormwater management facility located outside the
boundaries of the site.
(cc) “Onsite Facility” means a stormwater management facility located within the
boundaries of the site.
(dd) “Overbank Flood Protection” means measures taken to prevent an increase in the
frequency and magnitude of out-of-bank flooding (i.e. flow events that exceed the
capacity of the channel and enter the floodplain), and that are intended to protect
downstream properties from flooding for the 2-year through 25-year frequency
storm events.
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(ee) “Owner” means the legal or beneficial owner of a site, including but not limited to, a
mortgagee or vendee in possession, receiver, executor, trustee, lessee or other
person, firm or corporation in control of the site.
(ff) “Permit” means the permit issued by the City of Milton to the applicant which is
required for undertaking any land development activity.
(gg) “Person” means, except to the extent exempted from this ordinance, any individual,
partnership, firm, association, joint venture, public or private corporation, trust,
estate, commission, board, public or private institution, utility, cooperative, city,
county or other political subdivision of the State, any interstate body or any other
legal entity.
(hh) “Post-development” refers to the time period, or the conditions that may reasonably
be expected or anticipated to exist, after completion of the land development activity
on a site as the context may require.
(ii) “Pre-development” refers to the time period, or the conditions that exist, on a site
prior to the commencement of a land development project and at the time that plans
for the land development of a site are approved by the plan approving authority.
Where phased development or plan approval occurs (preliminary grading, roads and
utilities, etc.), the existing conditions at the time prior to the first item being approved
or permitted shall establish pre-development conditions.
(jj) “Project” means a land development project.
(kk) “Redevelopment” means a land development project on a previously developed site,
but excludes ordinary maintenance activities limited to , remodeling of existing
buildings, resurfacing of paved areas, and exterior changes or improvements which
do not materially increase or concentrate stormwater runoff, or cause additional
nonpoint source pollution.
(ll) “Regional Stormwater Management Facility” or “Regional Facility” means stormwater
management facilities designed to control stormwater runoff from multiple properties,
where the owners or developers of the individual properties may assist in the
financing of the facility, and the requirement for onsite controls is either eliminated or
reduced.
(mm) “Runoff” means stormwater runoff.
(nn) “Site” means the parcel of land being developed, or the portion thereof on which the
land development project is located.
(oo) “Stormwater Better Site Design” means nonstructural site design approaches and
techniques that can reduce a site’s impact on the watershed and can provide for
nonstructural stormwater management. Stormwater better site design includes
conserving and protecting natural areas and greenspace, reducing impervious cover
and using natural features for stormwater management.
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(pp) “Stormwater Management” means the collection, conveyance, storage, treatment
and disposal of stormwater runoff in a manner intended to prevent increased flood
damage, streambank channel erosion, habitat degradation and water quality
degradation as determined by engineering studies, in a manner which enhances and
promotes the public health, safety and general welfare.
(qq) “Stormwater Management Facility” means any infrastructure that effects stormwater
management and which controls or conveys stormwater runoff.
(rr) “Stormwater Management Measure” means any stormwater management facility or
nonstructural stormwater practice.
(ss) “Stormwater Management Plan” means a document describing how existing runoff
characteristics will be affected by a land development project and containing
measures for complying with the provisions of this ordinance.
(tt) “Stormwater Management System” means the entire set of structural and
nonstructural stormwater management facilities and practices that are used to
capture, convey and control the quantity and quality of the stormwater runoff from a
site.
(uu) “Stormwater Retrofit” means a stormwater management practice designed for a
currently developed site that previously had either no stormwater management
practice in place or a practice inadequate to meet the stormwater management
requirements of the site.
(vv) “Stormwater Runoff” means the flow of surface water resulting from precipitation.
(ww) “Structural Stormwater Control” means a structural stormwater management facility
or device that controls stormwater runoff and changes the characteristics of that
runoff including, but not limited to, the quantity and quality, the period of release or
the velocity of flow of such runoff.
(xx) “Subdivision” means the division of a tract or parcel of land resulting in one or more
new lots or building sites for the purpose, whether immediately or in the future, of
sale, other transfer of ownership or land development, and includes divisions of land
resulting from or made in connection with the layout or development of a new street
or roadway or a change in an existing street or roadway.
Section 3: Permit Procedures and Requirements.
(a) Permit Application Requirements
No owner or developer shall perform any land development activities without first
meeting the requirements of this ordinance prior to commencing the proposed
activity.
Unless specifically exempted by this ordinance, any owner or developer proposing a
land development activity shall submit to the City of Milton Community Development
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Department a permit application on a form provided by the City for that purpose or as
part of the land disturbance or building permitting process.
Unless otherwise exempted by this ordinance, a permit application shall be
accompanied by the following items in order to be considered:
(i) Stormwater concept plan and consultation meeting certification in accordance
with Section 3(b);
(ii) Stormwater management plan in accordance with Section 3( c );
(iii) Inspection and maintenance agreement in accordance with Section 3(d),
if applicable;
(iv) Performance bond or surety, if deemed applicable; and,
(v) Permit application and plan review fees in accordance with Section 3(f).
(b) Stormwater Concept Plan and Consultation Meeting
Before any stormwater management permit application is submitted, it is
recommended that the land owner or developer shall meet with the City of Milton
Community Development Department for a consultation meeting on a concept plan
for the post-development stormwater management system to be utilized in the
proposed land development project. This consultation meeting shall take place at the
time of the preliminary plan of subdivision or other early step in the development
process. The purpose of this meeting is to discuss the post-development stormwater
management measures necessary for the proposed project, as well as to discuss
and assess constraints, opportunities and potential ideas for stormwater
management designs before the formal site design engineering is commenced.
To accomplish this goal the following information shall be included in the concept
plan which shall be submitted in advance of the meeting:
(i) Existing Conditions/Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which illustrate at a
minimum: existing and proposed topography; perennial and intermittent
streams; mapping of predominant soils from soil surveys (when available);
limits of existing predominant vegetation and proposed limits of clearing and
grading; and location of existing and proposed roads, buildings, parking areas
and other impervious surfaces.
(ii) Natural Resources Inventory
A written or graphic inventory of the natural resources at the site and
surrounding area as it exists prior to the commencement of the project. This
description should include a discussion of soil conditions, forest cover,
topography, potential wetlands, and other native vegetative areas on the site,
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as well as the location and limits of other natural feature protection and
conservation areas such as jurisdictional wetlands, lakes, ponds, floodplains,
state waters, stream buffers and other setbacks (e.g., drinking water well
setbacks, septic setbacks, etc.). Particular attention should be paid to
environmentally sensitive features that provide particular opportunities or
constraints for development.
(iii) Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post-development
stormwater management system including: preliminary selection and location
of proposed structural stormwater controls; location of existing and proposed
conveyance systems such as grass channels, swales, and storm drains; flow
paths; location of floodplain/floodway limits; relationship of site to upstream
and downstream properties and drainages; and preliminary location of
proposed stream channel modifications, such as bridge or culvert crossings.
Local watershed plans, the City greenspace projection plan (if applicable),
and any relevant resource protection plans will be consulted in the discussion
of the concept plan.
(c) Stormwater Management Plan Requirements
The stormwater management plan shall detail how post-development stormwater
runoff will be controlled or managed and how the proposed project will meet the
requirements of this ordinance, including the performance criteria set forth in Section
4 below.
This plan shall be in accordance with the criteria established in this section and must
be submitted with the stamp and signature of a Professional Engineer (PE) licensed
in the state of Georgia, who must verify that the design of all stormwater
management facilities and practices meet the submittal requirements outlined in the
submittal checklist(s) found in the Stormwater Design Manual.
The stormwater management plan must ensure that the requirements and criteria in
this ordinance are being complied with and that opportunities are being taken to
minimize adverse post-development stormwater runoff impacts from the
development. The plan shall consist of maps, narrative, and supporting design
calculations (hydrologic and hydraulic) for the proposed stormwater management
system. The plan shall include all of the information required in the Stormwater
Management Site Plan checklist found in the Stormwater Design Manual. This
includes:
(i) Common address and legal description of site
(ii) Vicinity Map
(iii) Existing Conditions Hydrologic Analysis
The existing condition hydrologic analysis for stormwater runoff rates,
volumes, and velocities, which shall include: a topographic map of existing
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site conditions with the drainage basin boundaries indicated; acreage, soil
types and land cover of areas for each subbasin affected by the project; all
perennial and intermittent streams and other surface water features; all
existing stormwater conveyances and structural control facilities; direction of
flow and exits from the site; analysis of runoff provided by offsite areas
upstream of the project site; and methodologies, assumptions, site
parameters and supporting design calculations used in analyzing the existing
conditions site hydrology. For redevelopment sites, predevelopment
conditions shall be modeled using guidelines established by the Manager for
the portion of the site undergoing land development activities.
(iv) Post-Development Hydrologic Analysis
The post-development hydrologic analysis for stormwater runoff rates,
volumes, and velocities, which shall include: a topographic map of developed
site conditions with the post-development drainage basin boundaries
indicated; total area of post-development impervious surfaces and other land
cover areas for each subbasin affected by the project; calculations for
determining the runoff volumes that need to be addressed for each subbasin
for the development project to meet the post-development stormwater
management performance criteria in Section 4; location and boundaries of
proposed natural feature protection and conservation areas; documentation
and calculations for any applicable site design credits that are being utilized;
methodologies, assumptions, site parameters and supporting design
calculations used in analyzing the existing conditions site hydrology. If the
land development activity on a redevelopment site constitutes more than 50
percent of the site area for the entire site, then the performance criteria in
Section 4 must be met for the stormwater runoff from the entire site.
(v) Stormwater Management System
The description, scaled drawings and engineering design calculations for the
proposed post-development stormwater management system, which shall
include: A map and/or drawing or sketch of the stormwater management
facilities, including the location of nonstructural site design features and the
placement of existing and proposed structural stormwater controls, including
design water surface elevations, storage volumes available from zero to
maximum head, location of inlet and outlets, location of bypass and discharge
systems, and all orifice/restrictor sizes; a narrative describing how the
selected structural stormwater controls will be appropriate and effective;
cross-section and profile drawings and design details for each of the
structural stormwater controls in the system, including supporting calculations
to show that the facility is designed according to the applicable design
criteria; a hydrologic and hydraulic analysis of the stormwater management
system for all applicable design storms (including stage-storage or outlet
rating curves, and inflow and outflow hydrographs); documentation and
supporting calculations to show that the stormwater management system
adequately meets the post-development stormwater management
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performance criteria in Section 4; drawings, engineering design calculations,
elevations and hydraulic grade lines for all existing and proposed stormwater
conveyance elements including stormwater drains, pipes, culverts, catch
basins, channels, swales and areas of overland flow; and where applicable, a
narrative describing how the stormwater management system corresponds
with any watershed protection plans and/or local greenspace protection plan.
(vi) Post-Development Downstream Analysis
A downstream peak flow analysis which includes the assumptions, results
and supporting engineering calculations to show safe passage of post-
development design flows downstream. The analysis of downstream
conditions in the report shall address each and every point or area along the
project site’s boundaries at which runoff will exit the property. The analysis
shall focus on the portion of the drainage channel or watercourse immediately
downstream from the project. This area shall extend downstream from the
project to a point in the drainage basin where the project area is 10 percent of
the total basin area. In calculating runoff volumes and discharge rates,
consideration may need to be given to any planned future upstream land use
changes. The analysis shall be in accordance with the stormwater design
manual.
(vii) Construction-Phase Erosion and Sedimentation Control Plan
An erosion and sedimentation control plan in accordance with the Georgia
Erosion and Sedimentation Control Act or NPDES Permit for Construction
Activities. The plan shall also include information on the sequence/phasing of
construction and temporary stabilization measures and temporary structures
that will be converted into permanent stormwater controls.
(viii) Landscaping and Open Space Plan
A detailed landscaping and vegetation plan describing the woody and
herbaceous vegetation that will be used within and adjacent to stormwater
management facilities and practices. The landscaping plan must also include:
the arrangement of planted areas, natural and greenspace areas and other
landscaped features on the site plan; information necessary to construct the
landscaping elements shown on the plan drawings; descriptions and
standards for the methods, materials and vegetation that are to be used in
the construction; density of plantings; descriptions of the stabilization and
management techniques used to establish vegetation; and a description of
who will be responsible for ongoing maintenance of vegetation for the
stormwater management facility and what practices will be employed to
ensure that adequate vegetative cover is preserved.
(ix) Operations and Maintenance Plan
Detailed description of ongoing operations and maintenance procedures for
stormwater management facilities and practices to ensure their continued
function as designed and constructed or preserved. These plans will identify
the parts or components of a stormwater management facility or practice that
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need to be regularly or periodically inspected and maintained, and the
equipment and skills or training necessary. The plan shall include an
inspection and maintenance schedule, maintenance tasks, responsible
parties for maintenance, funding, access and safety issues. Provisions for the
periodic review and evaluation of the effectiveness of the maintenance
program and the need for revisions or additional maintenance procedures
shall be included in the plan.
(x) Maintenance Access Easements
The applicant must ensure access for the parties responsible for
maintenance, from public right-of-way to stormwater management facilities
and practices requiring regular maintenance at the site for the purpose of
inspection and repair by securing all the maintenance access easements
needed on a permanent basis. Such access shall be sufficient for all
necessary equipment for maintenance activities. Upon final inspection and
approval, a plat or document indicating that such easements exist shall be
recorded and shall remain in effect even with the transfer of title of the
property.
(xi) Inspection and Maintenance Agreements
Unless an onsite stormwater management facility or practice is dedicated to
and accepted by the City of Milton Community Development Department as
provided in Section (3) (d) below, the applicant must execute an easement
and an inspection and maintenance agreement binding on all subsequent
owners of land served by an onsite stormwater management facility or
practice in accordance Section (3) (d).
(xii) Evidence of Acquisition of Applicable Local and Non-local Permits
The applicant shall certify and provide documentation to the City of Milton
Community Development Department that all other applicable environmental
permits have been acquired for the site prior to approval of the stormwater
management plan.
(d) Stormwater Management Inspection and Maintenance Agreements
Prior to the issuance of any permit for a land development activity requiring a
stormwater management facility or practice hereunder and for which the City of
Milton Community Development Department requires ongoing maintenance, the
applicant or owner of the site must, unless an onsite stormwater management facility
or practice is dedicated to and accepted by the City of Milton Community
Development Department, execute an inspection and maintenance agreement,
and/or a conservation easement, if applicable, that shall be binding on all
subsequent owners of the site.
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The inspection and maintenance agreement, if applicable, must be approved by the
City of Milton Community Development Department prior to plan approval, and
recorded in the deed records upon final plat approval.
The inspection and maintenance agreement shall identify by name or official title the
person(s) responsible for carrying out the inspection and maintenance.
Responsibility for the operation and maintenance of the stormwater management
facility or practice, unless expressly accepted by a governmental agency in writing,
shall remain with the property owner and shall pass to any successor owner. If
portions of the land are sold or otherwise transferred, legally binding arrangements
shall be made to pass the inspection and maintenance responsibility to the
appropriate successors in title. These arrangements shall designate for each portion
of the site, the person to be permanently responsible for its inspection and
maintenance.
As part of the inspection and maintenance agreement, a schedule shall be
developed for when and how often routine inspection and maintenance will occur to
ensure proper function of the stormwater management facility or practice. The
agreement shall also include plans for annual inspections to ensure proper
performance of the facility between scheduled maintenance and shall also include
remedies for the default thereof.
In addition to enforcing the terms of the inspection and maintenance agreement, the
City of Milton Community Development Department may also enforce all of the
provisions for ongoing inspection and maintenance in Section 6 of this ordinance.
The City of Milton Community Development Department, in lieu of an inspection and
maintenance agreement, may expressly accept in writing dedication of any existing
or future stormwater management facility for maintenance, provided such facility
meets all the requirements of this ordinance and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection and regular
maintenance.
(e) Application Procedure
(i) Applications for land development permits shall be filed with the City of Milton
Community Development Department.
(ii) Permit applications shall include the items set forth in Section 3 above (two
copies of the stormwater management plan and the inspection maintenance
agreement, if applicable, shall be included).
(iii) The City of Milton Community Development Department shall inform the
applicant whether the application, stormwater management plan and
inspection and maintenance agreement are approved or disapproved.
(iv) If either the permit application, stormwater management plan or inspection
and maintenance agreement are disapproved, the City of Milton Community
Development Department shall notify the applicant of such fact in writing. The
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applicant may then revise any item not meeting the requirements hereof and
resubmit the same, in which event subparagraph iii above and this
subparagraph shall apply to such resubmittal.
(v) Upon a finding by the City of Milton Community Development Department
that the permit application, stormwater management plan and inspection and
maintenance agreement, if applicable, meet the requirements of this
ordinance, the City of Milton Community Development Department may issue
a permit for the land development project, provided all other legal
requirements for the issuance of such permit have been met. The issuance
of a land development, building or land disturbance permit in conjunction with
a related inspection and maintenance agreement, does not indicate or create
an acceptance by the City of any inspection or maintenance responsibilities
under the terms of said inspection or maintenance agreement.
(vi) Notwithstanding the issuance of the permit, in conducting the land
development project, the applicant or other responsible person shall be
subject to the following requirements:
(A) The applicant shall comply with all applicable requirements of the
approved plan and this ordinance and shall certify that all land
clearing, construction, land development and drainage will be done
according to the approved plan;
(B) The land development project shall be conducted only within the area
specified in the approved plan;
(C) The City of Milton Community Development Department shall be
allowed to conduct periodic inspections of the project;
(D) No changes may be made to an approved plan without review and
written approval by the City of Milton Community Development
Department; and,
(E) Upon completion of the project, the applicant or other responsible
person shall submit the engineer’s report and certificate and as-built
plans required by Section 5.
(f) Application Review Fees
The fee for review of any stormwater management application shall be based on the
fee structure established by the City of Milton Community Development Department
and shall be made prior to the issuance of any building or land disturbance permit for
the development.
(g) Modifications for Offsite Facilities
The stormwater management plan for each land development project shall provide
for stormwater management measures located on the site of the project, unless
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provisions are made to manage stormwater by an offsite or regional facility. The
offsite or regional facility must be located on property legally dedicated for the
purpose, must be designed and adequately sized to provide a level of stormwater
quantity and quality control that is equal to or greater than that which would be
afforded by onsite practices and there must be a legally-obligated entity responsible
for long-term operation and maintenance of the offsite or regional stormwater facility.
In addition, onsite measures shall be implemented, where necessary, to protect
upstream and downstream properties and drainage channels from the site to the
offsite facility.
A stormwater management plan must be submitted to the City of Milton Community
Development Department which shows the adequacy of the offsite or regional
facility.
To be eligible for a modification, the applicant must demonstrate to the satisfaction of
the Director that the use of an offsite or regional facility will not result in the following
impacts to upstream or downstream areas:
(i) Increased threat of flood damage to public health, life, and property;
(ii) Deterioration of existing culverts, bridges, dams, and other structures;
(iii) Excessive (damaging) streambank or streambed erosion or siltation;
(iv) Degradation of in-stream biological functions or habitat; or
(v) Water quality impairment in violation of State water quality standards, and/or
violation of any state or federal regulations.
(vi) Premature loss of overbank trees, critical vegetation, or utilities.
Section 4: Post-Development Stormwater Management Performance Criteria.
The following performance criteria shall be applicable to all stormwater management plans,
unless otherwise provided for in this ordinance:
(a) Water Quality
All stormwater runoff generated from a site shall be adequately treated before
discharge. It will be presumed that a stormwater management system complies
with this requirement if:
(i) It is sized to treat the prescribed water quality treatment volume from the site,
as defined in the Georgia Stormwater Management Manual;
(ii) Appropriate structural stormwater controls or nonstructural practices are
selected, designed, constructed or preserved, and maintained according to
the specific criteria in the Georgia Stormwater Management Manual; and,
(iii) Runoff from hotspot land uses and activities identified by the City of Milton
Community Development Department are adequately treated and addressed
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through the use of appropriate structural stormwater controls, nonstructural
practices and pollution prevention practices.
(b) Stream Channel Protection
Protection of stream channels from bank and bed erosion and degradation shall be
provided by using all of the following three approaches:
(i) Preservation, restoration and/or reforestation (with native vegetation) of the
applicable stream buffer;
(ii) 24-hour extended detention storage of the 1-year, 24-hour return frequency
storm event;
(iii) Erosion prevention measures such as energy dissipation and velocity
control.
(c) Overbank Flooding Protection
Downstream overbank flood and property protection shall be provided by controlling
(attenuating) the post-development peak discharge rate to the pre-development rate
for the 25-year, 24-hour return frequency storm event. If control of the 1-year, 24-
hour storm under Section 4(b) is exempted, then peak discharge rate attenuation of
the 2-year through the 25-year return frequency storm event must be provided.
(d) Extreme Flooding Protection
Extreme flood and public safety protection shall be provided by controlling and safely
conveying the 100-year, 24 hour return frequency storm event such that flooding is
not exacerbated.
(e) Structural Stormwater Controls
All structural stormwater management facilities shall be selected and designed using
the appropriate criteria from the Georgia Stormwater Management Manual. All
structural stormwater controls must be designed appropriately to meet their intended
function. For other structural stormwater controls not included in the Georgia
Stormwater Management Manual, or for which pollutant removal rates have not been
provided, the effectiveness and pollutant removal of the structural control must be
documented through prior studies, literature reviews, or other means and receive
approval from the City of Milton Community Development Department before being
included in the design of a stormwater management system. In addition, if hydrologic
or topographic conditions, or land use activities warrant greater control than that
provided by the minimum control requirements, the City may impose additional
requirements deemed necessary to protect upstream and downstream properties
and aquatic resources from damage due to increased volume, frequency, and rate of
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stormwater runoff or increased nonpoint source pollution loads created on the site in
question.
Applicants shall consult the Georgia Stormwater Management Manual for guidance
on the factors that determine site design feasibility when selecting and locating a
structural stormwater control.
(f) Stormwater Credits for Nonstructural Measures
The use of one or more site design measures by the applicant may allow for a
reduction in the water quality treatment volume required under Section 4(a). The
applicant may, if approved by the City of Milton Community Development
Department, take credit for the use of stormwater better site design practices and
reduce the water quality volume requirement. For each potential credit, there is a
minimum set of criteria and requirements which identify the conditions or
circumstances under which the credit may be applied. The site design practices that
qualify for this credit and the criteria and procedures for applying and calculating the
credits are included in the Georgia Stormwater Management Manual.
(g) Drainage System Guidelines
Stormwater conveyance facilities, which may include but are not limited to culverts,
stormwater drainage pipes, catch basins, drop inlets, junction boxes, headwalls,
gutter, swales, channels, ditches, and energy dissipaters shall be provided when
necessary for the protection of public right-of-way and private properties adjoining
project sites and/or public right-of-ways. Stormwater conveyance facilities that are
designed to carry runoff from more than one parcel, existing or proposed, shall meet
the following requirements:
(i) Methods to calculate stormwater flows shall be in accordance with the
Stormwater Design Manual;
(ii) All culverts, pipe systems and open channel flow systems shall be sized in
accordance with the stormwater management plan using the methods
included in the Stormwater Design Manual; and,
(iii) Design and construction of stormwater conveyance facilities shall be in
accordance with the criteria and specifications found in the stormwater
design manual.
(h) Dam Design Guidelines
Any land disturbing activity that involves a site which proposes a dam shall comply
with the Georgia Safe Dams Act and Rules for Dam Safety as applicable.
Section 5: Construction Inspections of Post-Development Stormwater Management System.
(a) Inspections to Ensure Plan Compliance During Construction
Periodic and annual inspections of the stormwater management system construction
may be conducted by the staff of the City of Milton Community Development
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Department and/or as required by the City, and shall be conducted and certified by a
registered Professional Engineer in Georgia who has been approved by the City of
Milton Community Development Department using certification forms as may be
required by the City.. Construction inspections shall utilize the approved stormwater
management plan for establishing compliance.
All inspections shall be documented with written reports that contain the
following information:
(i) The date and location of the inspection; the specific measurements, volumes,
elevations, and outlet control structure dimensions.
(ii) Whether construction is in compliance with the approved stormwater
management plan;
(iii) Variations from the approved construction specifications; and,
(iv) Any other variations or violations of the conditions of the approved
stormwater management plan.
If any variations or violations are found, the applicant shall be notified in writing of the
nature of the violation and the required corrective actions.
(b) Final Inspection and As Built Plans
Upon completion of a project, and before a final plat and certificate of occupancy
shall be granted, the applicant is responsible for certifying that the completed project
is in accordance with the approved stormwater management plan. All applicants are
required to submit actual “as built” plans for any stormwater management facilities or
practices after final construction is completed. The plan must show the final design
specifications and dimensions for all stormwater management facilities and practices
and must be certified by a registered Professional Engineer in Georgia. A final
inspection by the City of Milton Community Development Department is required
before the release of any performance securities can occur.
Section 6: Ongoing Inspection and Maintenance of Stormwater Facilities and Practices.
(a) Long-Term Maintenance Inspection of Stormwater Facilities and Practices
Stormwater management facilities and practices included in a stormwater
management plan which are subject to an inspection and maintenance agreement
must undergo ongoing inspections to document maintenance and repair needs and
ensure compliance with the requirements of the agreement, the plan and this
ordinance.
A stormwater management facility or practice shall be inspected on a periodic basis
by the responsible person in accordance with the approved inspection and
maintenance agreement. In the event that the stormwater management facility has
not been maintained and/or becomes a danger to public safety or public health, the
City of Milton Community Development Department shall notify the person
responsible for carrying out the maintenance plan by registered or certified mail to
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the person specified in the inspection and maintenance agreement. The notice shall
specify the need to comply with the agreement and the plan and shall specify the
time within which such measures shall be completed. If the responsible person fails
or refuses to meet the requirements of the inspection and maintenance agreement,
the City of Milton Community Development Department, may correct the violation as
provided in Subsection 6(d) hereof.
Inspection programs by the City of Milton Community Development Department may
be established on any reasonable basis, including but not limited to: routine
inspections; random inspections; inspections based upon complaints or other notice
of possible violations; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not limited to:
reviewing maintenance and repair records; sampling discharges, surface water,
groundwater, and material or water in stormwater management facilities; and
evaluating the condition of stormwater management facilities and practices.
(b) Right-of-Entry for Inspection
The terms of the inspection and maintenance agreement shall provide for the City to
enter the property at reasonable times and in a reasonable manner for the purpose
of inspection. This includes the right to enter a property when it has a reasonable
basis to believe that a violation of this ordinance is occurring or has occurred and to
enter when necessary for abatement of a public nuisance or correction of a violation
of this ordinance.
(c) Records of Maintenance Activities
Parties responsible for the operation and maintenance of a stormwater management
facility shall provide records of all maintenance and repairs to the City of Milton
Community Development Department when requested.
(d) Failure to Maintain
If a responsible person fails or refuses to meet the requirements of the inspection
and maintenance agreement, the City of Milton Community Development
Department, after thirty (30) days written notice (except, that in the event the
violation constitutes an immediate danger to public health or public safety, 24 hours
notice shall be sufficient), may correct a violation of the design standards or
maintenance requirements by performing the necessary work to place the facility or
practice in proper working condition. The City of Milton Community Development
Department may assess the owner(s) of the facility for the cost of repair work which
shall be a lien on the property, and may be placed on the ad valorum tax bill for such
property and collected in the ordinary manner for such taxes.
Section 7: Violations, Enforcement and Penalties.
Any action or inaction which violates the provisions of this ordinance or the requirements of
an approved stormwater management plan or permit, may be subject to the enforcement
actions outlined in this Section. Any such action or inaction which is continuous with respect
to time is deemed to be a public nuisance and may be abated by injunctive or other
equitable relief. The imposition of any of the penalties described below shall not prevent
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such equitable relief. The imposition of any of the penalties described below shall not
prevent such equitable relief.
(a) Notice of Violation
If the City of Milton Community Development Department determines that an
applicant or other responsible person has failed to comply with the terms and
conditions of a permit, an approved stormwater management plan or the provisions
of this ordinance, it shall issue a written notice of violation to such applicant or other
responsible person. Where a person is engaged in activity covered by this ordinance
without having first secured a permit therefore, the notice of violation shall be served
on the owner or the responsible person in charge of the activity being conducted on
the site.
The notice of violation shall contain:
(i) The name and address of the owner or the applicant or the responsible
person;
(ii) The address or other description of the site upon which the violation is
occurring;
(iii) A statement specifying the nature of the violation;
(iv) A description of the remedial measures necessary to bring the action or
inaction into compliance with the permit, the stormwater management plan or
this ordinance and the date for the completion of such remedial action;
(v) A statement of the penalty or penalties that may be assessed against the
person to whom the notice of violation is directed; and,
(vi) A statement that the determination of violation may be appealed to the City of
Milton Community Development Department by filing a written notice of
appeal within thirty (30) days after the notice of violation (except, that in the
event the violation constitutes
an immediate danger to public health or public safety, 24 hours notice by the
City shall be sufficient).
(b) Penalties
In the event the remedial measures described in the notice of violation have not been
completed by the date set forth for such completion in the notice of violation, any one
or more of the following actions or penalties may be taken or assessed against the
person to whom the notice of violation was directed. Before taking any of the
following actions or imposing any of the following penalties, the City of Milton
Community Development Department shall first notify the applicant or other
responsible person in writing of its intended action, and shall provide a reasonable
opportunity, of not less than ten days (except, that in the event the violation
constitutes an immediate danger to public health or public safety, 24 hours notice
shall be sufficient) to cure such violation. In the event the applicant or other
responsible person fails to cure such violation after such notice and cure period, the
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City of Milton Community Development Department may take any one or more of the
following actions or impose any one or more of the following penalties.
(i) Stop Work Order. The City of Milton Community Development Department
may issue a stop work order which shall be served on the applicant or other
responsible person. The stop work order shall remain in effect until the
applicant or other responsible person has taken the remedial measures set
forth in the notice of violation or has otherwise cured the violation or violations
described therein, provided the stop work order may be withdrawn or
modified to enable the applicant or other responsible person to take the
necessary remedial measures to cure such violation or violations.
(ii) Withhold Certificate of Occupancy. The City of Milton Community
Development Department may refuse to issue a certificate of occupancy for
the building or other improvements constructed or being constructed on the
site until the applicant or other responsible person has taken the remedial
measures set forth in the notice of violation or has otherwise cured the
violations described therein.
(iii) Suspension, Revocation or Modification of Permit. The City of Milton
Community Development Department may suspend, revoke or modify the
permit authorizing the land development project. A suspended, revoked or
modified permit may be reinstated after the applicant or other responsible
person has taken the remedial measures set forth in the notice of violation or
has otherwise cured the violations described therein, provided such permit
may be reinstated [upon such conditions as the City may deem necessary] to
enable the applicant or other responsible person to take the necessary
remedial measures to cure such violations.
(iv) Civil Penalties. In the event the applicant or other responsible person fails to
take the remedial measures set forth in the notice of violation or otherwise
fails to cure the violations described therein within ten days, or such greater
period as the City of Milton Community Development Department shall deem
appropriate (except, that in the event the violation constitutes an immediate
danger to public health or public safety, 24 hours notice shall be sufficient)
after the City has taken one or more of the actions described above, the
Department may impose a penalty not to exceed $1,000 (depending on the
severity of the violation) for each day the violation remains unremedied after
receipt of the notice of violation.
(v) Criminal Penalties. For intentional and flagrant violations of this ordinance,
the City of Milton Community Development Department may issue a citation
to the applicant or other responsible person, requiring such person to appear
in magistrate court to answer charges for such violation. Upon conviction,
such person shall be punished by a fine not to exceed $1,000 or
imprisonment for 60 days or both. Each act of violation and each day upon
which any violation shall occur shall constitute a separate offense.
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Article 6: Stream Buffer Protection
Section 1: Title.
This ordinance shall be known as the “City of Milton Stream Buffer
Protection Ordinance.”
Section 2: Findings and Purposes.
(a) Findings
Whereas, the Community Development Department of the City of Milton finds that
buffers adjacent to streams provide numerous benefits including:
(i) Protecting, restoring and maintaining the chemical, physical and
biological integrity of streams and their water resources
(ii) Removing pollutants delivered in urban stormwater
(iii) Reducing erosion and controlling sedimentation
(iv) Protecting and stabilizing stream banks
(v) Providing for infiltration of stormwater runoff
(vi) Maintaining base flow of streams
(vii) Contributing organic matter that is a source of food and energy for
the aquatic ecosystem
(viii) Providing tree canopy to shade streams and promote desirable
aquatic habitat
(ix) Providing riparian wildlife habitat
(x) Furnishing scenic value and recreational opportunity
(xi) Providing opportunities for the protection and restoration of
greenspace
(b) Purposes
It is the purpose of this Ordinance is to protect the public health, safety, environment
and general welfare; to minimize public and private losses due to erosion, siltation
and water pollution; and to maintain stream water quality by provisions designed to:
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(i) Create buffer zones along the streams of the City of Milton for the protection
of water resources; and,
(ii) Minimize land development within such buffers by establishing buffer
zone requirements and by requiring authorization for any such activities.
Section 3: Definitions
(a) “Buffer” means, with respect to a stream, a natural or enhanced vegetated area lying
adjacent to the stream.
(b) “Director” means Director of City of Milton Community Development Department.
(c) “Impervious Cover” means any man-made paved, hardened or structural surface
regardless of material. Impervious cover includes but is not limited to rooftops,
buildings, streets, roads, decks, swimming pools and any concrete or asphalt.
(d) “Land Development” means any land change, including but not limited to clearing,
grubbing, stripping, removal of vegetation, dredging, grading, excavating,
transporting and filling of land, construction, paving and any other installation of
impervious cover.
(e) “Land Development Activity” means those actions or activities which comprise,
facilitate or result in land development.
(f) “Land Disturbance” means any land or vegetation change, including, but not limited
to, clearing, grubbing, stripping, removal of vegetation, dredging, grading,
excavating, transporting and filling of land, that do not involve construction, paving or
any other installation of impervious cover.
(g) “Land Disturbance Activity” means those actions or activities which comprise,
facilitate or result in land disturbance.
(h) “Floodplain” means any land area susceptible to flooding, which would have at least
a one percent probability of flooding occurrence in any calendar year based on the
basin being fully developed as shown on the current land use plan; i.e., the
regulatory flood.
(i) “Parcel” means any plot, lot or acreage shown as a unit on the latest county tax
assessment records.
(j) “Permit” means the permit issued by the City of Milton Community Development
Department required for undertaking any land development activity.
(k) “Person” means any individual, partnership, firm, association, joint venture, public or
private corporation, trust, estate, commission, board, public or private institution,
utility, cooperative, city, county or other political subdivision of the State, any
interstate body or any other legal entity.
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(l) “Protection Area, or Stream Protection Area” means, with respect to a stream, the
combined areas of all required buffers and setbacks applicable to such stream.
(m) “Riparian” means belonging or related to the bank of a river, stream, lake, pond
or impoundment.
(n) “Setback” means, with respect to a stream, the area established by Section 5.1.2
extending beyond any buffer applicable to the stream.
(o) “Stream” means any stream, beginning at:
(i) The location of a spring, seep, or groundwater outflow that sustains
streamflow; or
(ii) A point in the stream channel with a drainage area of 25 acres or more; or
(iii) Where evidence indicates the presence of a stream in a drainage area of
other than 25 acres, the City of Milton Community Development Department
may require field studies to verify the existence of a stream.
(o) “Stream Bank” means the sloping land that contains the stream channel and the
normal flows of the stream.
(p) “Stream Channel” means the portion of a watercourse that contains the base flow of
the stream.
(q) “Watershed” means the land area that drains into a particular stream.
Section 4: Applicability
This ordinance shall apply to all land development activity on property containing a stream
protection area as defined in Section 3 of this ordinance. These requirements are in addition
to, and do not replace or supersede, any other applicable buffer requirements established
under state law and approval or exemption from these requirements do not constitute
approval or exemption from buffer requirements established under state law or from other
applicable local, state or federal regulations.
(a) Grandfather Provisions
This ordinance shall not apply to the following activities:
(i) Work consisting of the repair or maintenance of any lawful use of land that is
zoned and approved for such use on or before the effective date of this
ordinance.
(ii) Existing development and on-going land disturbance activities including but
not limited to existing agriculture, silviculture, landscaping, gardening and
lawn maintenance, except that new development or land disturbance
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activities on such properties will be subject to all applicable buffer
requirements.
(iii) Any land development activity that is under construction, fully approved for
development, scheduled for permit approval or has been submitted for
approval as of the effective date of this ordinance.
(iv) Land development activity that has not been submitted for approval, but that
is part of a larger master development plan, such as for an office park or
other phased development that has been previously approved within two
years of the effective date of this ordinance.
(b) Exemptions
The following specific activities are exempt from this ordinance. Exemption of these
activities does not constitute an exemption for any other activity proposed on a
property.
(i) Activities for the purpose of building one of the following:
(A) a stream crossing by a driveway, transportation route or utility line;
(B) public water supply intake or public wastewater outfall structures;
(C) intrusions necessary to provide access to a property;
(D) public access facilities that must be on the water including boat
ramps, docks, foot trails leading directly to the river, fishing platforms
and overlooks;
(E) unpaved foot trails and paths;
(F) activities to restore and enhance stream bank stability, vegetation,
water quality and/or aquatic habitat, so long as native vegetation and
bioengineering techniques are used.
(ii) Public sewer line easements paralleling the creek, except that all
easements (permanent and construction) and land disturbance should be at
least 25 feet from the top of the bank. This includes such impervious cover as
is necessary for the operation and maintenance of the utility, including but not
limited to manholes, vents and valve structures. This exemption shall not be
construed as allowing the construction of roads, bike paths or other
transportation routes in such easements, regardless of paving material,
except for access for the uses specifically cited in Item (b)(i), above.
(iii) Land development activities within a right-of-way existing at the time
this ordinance takes effect or approved under the terms of this ordinance.
(iv) Within an easement of any utility existing at the time this ordinance
takes effect or approved under the terms of this ordinance, land disturbance
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activities and such impervious cover as is necessary for the operation and
maintenance of the utility, including but not limited to manholes, vents and
valve structures.
(v) Emergency work necessary to preserve life or property. However,
when emergency work is performed under this section, the person performing
it shall report such work to the City of Milton on the next business day after
commencement of the work. Within 10 days thereafter, the person shall apply
for a permit and perform such work within such time period as may be
determined by the City of Milton to be reasonably necessary to correct any
impairment such emergency work may have caused to the water conveyance
capacity, stability or water quality of the protection area.
(vi) Forestry and silviculture activities on land that is zoned for forestry,
silvicultural or agricultural uses and are not incidental to other land
development activity. If such activity results in land disturbance in the buffer
that would otherwise be prohibited, then no other land disturbing activity other
than normal forest management practices will be allowed on the entire
property for three years after the end of the activities that intruded on the
buffer.
(vii) After the effective date of this ordinance, it shall apply to new
subdividing and platting activities.
Any land development activity within a buffer established hereunder or any
impervious cover within a setback established hereunder is prohibited unless
a variance is granted pursuant to Section 5.2 below.
Section 5: Land Development Requirements
(a) Buffer and Setback Requirements
All land development activity subject to this ordinance shall meet the
following requirements:
(i) An undisturbed natural vegetative buffer shall be maintained for 50
feet, measured horizontally, on both banks (as applicable) of the stream as
measured from the point of wrested vegetation.
(ii) An additional setback shall be maintained for 25 feet, measured
horizontally, beyond the undisturbed natural vegetative buffer, in which all
impervious cover shall be prohibited. Grading, filling and earthmoving shall be
minimized within the setback.
(iii) No septic tanks or septic tank drain fields shall be permitted within the
buffer or the setback.
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(b) Variance Procedures
Variances from the above buffer and setback requirements may be granted in
accordance with the following provisions:
(i) Where a parcel was platted prior to the effective date of this
ordinance, and its shape, topography or other existing physical condition
prevents land development consistent with this ordinance, and the City of
Milton finds and determines that the requirements of this ordinance prohibit
the otherwise lawful use of the property by the owner, the Mayor and City
Council of the City of Milton may grant a variance from the buffer and setback
requirements hereunder, provided such variance require mitigation measures
to offset the effects of any proposed land development on the parcel. Once
established by the Mayor and City Council, the Board of Zoning Appeals of
the City of Milton may grant a variance from the buffer and setback
requirements hereunder, provided such variance require mitigation measures
to offset the effects of any proposed land development on the parcel.
(ii) Except as provided above, and until such time as the Mayor and City
Council establishes the Board of Zoning Appeals, the Mayor and City Council
shall grant no variance from any provision of this ordinance without first
conducting a public hearing on the application for variance and authorizing
the granting of the variance by an affirmative vote of the Mayor and City
Council. Once established by the Mayor and City Council, the Board of
Zoning Appeals of the City of Milton shall grant no variance from any
provision of this ordinance without first conducting a public hearing on the
application for variance and authorizing the granting of the variance by an
affirmative vote of the Board of Zoning Appeals. The City of Milton shall give
public notice of each such public hearing in a newspaper of general
circulation within the City. The City of Milton shall require that the applicant
post a sign giving notice of the proposed variance and the public hearing. The
sign shall be of a size and posted in such a location on the property as to be
clearly visible from the primary adjacent road right-of-way.
(iii) When a variance request is concurrent with a Rezoning, Use Permit
or a Modification application it shall be considered by the Mayor and City
Council and shall follow the process contained in Article 22.9, “Concurrent
Variances” of the City of Milton Zoning Ordinance.
VARIANCES WILL BE CONSIDERED ONLY IN THE FOLLOWING CASES:
(A) WHEN A PROPERTY’S SHAPE, TOPOGRAPHY OR OTHER
PHYSICAL CONDITIONS EXISTING AT THE TIME OF THE
ADOPTION OF THIS ORDINANCE PREVENTS LAND
DEVELOPMENT UNLESS A BUFFER VARIANCE IS GRANTED.
(B) UNUSUAL CIRCUMSTANCES WHEN STRICT ADHERENCE TO
THE MINIMAL BUFFER REQUIREMENTS IN THE ORDINANCE
WOULD CREATE AN EXTREME HARDSHIP.
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VARIANCES WILL NOT BE CONSIDERED WHEN, FOLLOWING
ADOPTION OF THIS ORDINANCE, ACTIONS OF ANY PROPERTY
OWNER OF A GIVEN PROPERTY HAVE CREATED CONDITIONS OF A
HARDSHIP ON THAT PROPERTY.
(iii) At a minimum, a variance request shall include the following information:
(A) A site map that includes locations of all streams, wetlands, floodplain
boundaries and other natural features, as determined by field survey;
(B) A description of the shape, size, topography, slope, soils, vegetation
and other physical characteristics of the property;
(C) A detailed site plan that shows the locations of all existing and
proposed structures and other impervious cover, the limits of all
existing and proposed land disturbance, both inside and outside the
buffer and
setback. The exact area of the buffer to be affected shall be
accurately
and clearly indicated;
(D) Documentation of unusual hardship should the buffer be maintained;
At least one alternative plan, which does not include a buffer or
setback intrusion, or an explanation of why such a site plan is not
possible;
(E) A calculation of the total area and length of the proposed intrusion;
A stormwater management site plan, if applicable; and,
(F) Proposed mitigation, if any, for the intrusion. If no mitigation is
proposed, the request must include an explanation of why none is
being proposed.
(iv) The following factors will be considered in determining whether to
issue a variance:
(A) The shape, size, topography, slope, soils, vegetation and other
physical characteristics of the property;
(B) The locations of all streams on the property, including along
property boundaries;
(C) The location and extent of the proposed buffer or setback intrusion;
and,
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(D) Whether alternative designs are possible which require less intrusion
or no intrusion;
(E) The long-term and construction water-quality impacts of the
proposed variance;
(F) Whether issuance of the variance is at least as protective of natural
resources and the environment.
v. Any variance approved shall be site plan specific.
Section 6: Compatibility with Other Buffer Regulations and Requirements.
This ordinance is not intended to interfere with, abrogate or annul any other ordinance, rule
or regulation, statute or other provision of law. The requirements of this ordinance should be
considered minimum requirements, and where any provision of this ordinance imposes
restrictions different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provisions are more restrictive or impose higher protective
standards for human health or the environment shall be considered to take precedence.
Additional standards which apply and will be enforced by Milton are:
(a) Metropolitan River Protection Act and Chattahoochee Corridor Plan:
Requires a 50-foot undisturbed vegetative buffer and 150-foot impervious surface
setback on the Chattahoochee and its impoundments and a 35-foot undisturbed
vegetative buffer (all measured from the edge of the water) on perennial tributary
streams in a Corridor extending 2000 feet from either bank of the river and its
impoundments. The Corridor extends from Buford Dam to the downstream limits of
the Atlanta region (Douglas and Fulton Counties). Streams in the basin of the
Corridor are required to be protected by buffers, but no required width is specified.
(Georgia Code 12-5-440 et seq.)
(b) DNR Part 5 Criteria for Small (under 100 square miles) Water Supply
Watersheds
Authorized under Part V of the Georgia Planning Act of 1989, these criteria require
100-foot undisturbed buffers and 150-foot setbacks on all perennial streams within
7 miles upstream of a public water supply reservoir or public water supply intake.
Beyond 7 miles, the required buffer is 50 feet and the required setback is 75 feet.
Equivalent protection measures can be adopted with approval from Georgia DCA
and DNR.
(c) DNR Part 5 Criteria for River Protection Authorized under the 1991
Mountains and River Corridors Protection Act of 1991, these criteria require a 100-
foot buffer along rivers with average annual flows of greater than 400 cfs (excepting
the portion of the Chattahoochee referenced above). The buffer is measured from
the top of the stream bank.
(d) Other such State and Federal regulations as may be adopted from time to
time.
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While the requirements of this ordinance are intended to apply to all streams in the City of
Milton, special conditions may exist that require greater protection. Nothing in this ordinance
should be construed as preventing the establishment of wider and/or more restrictive buffers
and setbacks as required under any other existing or future legislation. In addition, nothing
in this ordinance should be construed as preventing the establishment of wider buffers for
purposes of protecting greenspace, preserving habitat or other goals that may not be
specifically mandated by legislation.
Section 7: Additional Information Requirements for Development on Buffer Zone Properties.
(a) Any permit applications for property requiring buffers and setbacks hereunder must
include the following:
(i) A site plan showing:
(A) THE LOCATION OF ALL STREAMS ON THE PROPERTY
(B) LIMITS OF REQUIRED STREAM BUFFERS AND SETBACKS ON
THE PROPERTY
(C) BUFFER ZONE TOPOGRAPHY WITH CONTOUR LINES AT NO
GREATER THAN FIVE (5)-FOOT CONTOUR INTERVALS
(D) DELINEATION OF FORESTED AND OPEN AREAS IN THE BUFFER
ZONE
(E) DETAILED PLANS OF ALL PROPOSED LAND DEVELOPMENT IN
THE BUFFER AND OF ALL PROPOSED IMPERVIOUS COVER
WITHIN THE SETBACK
(ii) A description of all proposed land development within the buffer and
setback; and,
(iii) Any other documentation that the City of Milton may reasonably deem
necessary for review of the application and to insure that the buffer zone
ordinance is addressed in the approval process.
(iv) All buffer and setback areas must be recorded on the final plat of the property
following plan approval.
Section 8: Responsibility.
Neither the issuance of a development permit nor compliance with the conditions thereof,
nor with the provisions of this ordinance shall relieve any person from any responsibility
otherwise imposed by law for damage to persons or property; nor shall the issuance of any
permit hereunder serve to impose any liability upon the City of Milton, its officers or
employees, for injury or damage to persons or property.
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Section 9: Inspection.
The Department of Community Development may cause inspections of the work in the
buffer or setback to be made periodically during the course thereof and shall make a final
inspection following completion of the work. The permittee shall assist the department in
making such inspections. The Department of Community Department shall have the
authority to conduct such investigations as it may reasonably deem necessary to carry out
its duties as prescribed in this ordinance, and for this purpose to enter at reasonable time
upon any property, public or private, for the purpose of investigating and inspecting the sites
of any land development activities within the protection area.
No person shall refuse entry or access to any authorized representative or agent who
requests entry for purposes of inspection, and who presents appropriate credentials, nor
shall any person obstruct, hamper or interfere with any such representative while in the
process of carrying out official duties.
Section 10: Violations, Enforcement and Penalties.
Any action or inaction which violates the provisions of this ordinance or the requirements of
an approved site plan or permit may be subject to the enforcement actions outlined in this
Section. Any such action or inaction which is continuous with respect to time is deemed to
be a public nuisance and may be abated by injunctive or other equitable relief. The
imposition of any of the penalties described below shall not prevent such equitable relief.
(a) Notice of Violation
If the City of Milton determines that an applicant or other responsible person has
failed to comply with the terms and conditions of a permit, an approved site plan or
the provisions of this ordinance, it shall issue a written notice of violation to such
applicant or other responsible person. Where a person is engaged in activity covered
by this ordinance without having first secured the appropriate permit therefore, the
notice of violation shall be served on the owner or the responsible person in charge
of the activity being conducted on the site.
The notice of violation shall contain:
(i) The name and address of the owner or the applicant or the responsible person;
(ii) The address or other description of the site upon which the violation is
occurring;
(iii) A statement specifying the nature of the violation;
(iv) A description of the remedial measures necessary to bring the action or
inaction into compliance with the permit, the approved site plan or this
ordinance and the date for the completion of such remedial action;
(v) A statement of the penalty or penalties that may be assessed against
the person to whom the notice of violation is directed; and,
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(vi) A statement that the determination of violation may be appealed to the City of
Milton by filing a written notice of appeal within thirty (30) days after the notice
of violation (except that in the event the violation constitutes an immediate
danger to public health or public safety, 24 hours notice shall be sufficient).
(b). Penalties
In the event the remedial measures described in the notice of violation have not been
completed by the date set forth for such completion in the notice of violation, any one
or more of the following actions or penalties may be taken or assessed against the
person to whom the notice of violation was directed. Before taking any of the
following actions or imposing any of the following penalties, the City of Milton shall
first notify the applicant or other responsible person in writing of its intended action,
and shall provide a reasonable opportunity, of not less than ten days (except that in
the event the violation constitutes an immediate danger to public health or public
safety, 24 hours notice shall be sufficient) to cure such violation. In the event the
applicant or other responsible person fails to cure such violation after such notice
and cure period, the City of Milton may take any one or more of the following actions
or impose any one or more of the following penalties.
(i) Stop Work Order. The City of Milton Community Development Department
may issue a stop work order which shall be served on the applicant or other
responsible person. The stop work order shall remain in effect until the
applicant or other responsible person has taken the remedial measures set
forth in the notice of violation or has otherwise cured the violation or violations
described therein, provided the stop work order may be withdrawn or
modified to enable the applicant or other responsible person to take
necessary remedial measures to cure such violation or violations.
(ii) Withhold Certificate of Occupancy. The the City of Milton may refuse to issue
a certificate of occupancy for the building or other improvements constructed
or being constructed on the site until the applicant or other responsible
person has taken the remedial measures set forth in the notice of violation or
has otherwise cured the violations described therein.
(iii) Suspension, Revocation or Modification of Permit. The the City of Milton may
suspend, revoke or modify the permit authorizing the land development
project. A suspended, revoked or modified permit may be reinstated after the
applicant or other responsible person has taken the remedial measures set
forth in the notice of violation or has otherwise cured the violations described
therein, provided such permit may be reinstated (upon such conditions as the
City of Milton may deem necessary) to enable the applicant or other
responsible person to take the necessary remedial measures to cure such
violations.
(iv) Civil Penalties. In the event the applicant or other responsible person fails to
take the remedial measures set forth in the notice of violation or otherwise
fails to cure the violations described therein within ten days (or such greater
period as the City of Milton shall deem appropriate) (except that in the event
the violation constitutes an immediate danger to public health or public safety,
Page 65 of 103
24 hours notice shall be sufficient) after the City of Milton has taken one or
more of the actions described above, the City may impose a penalty not to
exceed $1,000 (depending on the severity of the violation) for each day the
violation remains unremedied after receipt of the notice of violation.
(v) Criminal Penalties. For intentional and flagrant violations of this ordinance,
the City of Milton may issue a citation to the applicant or other responsible
person, requiring such person to appear in (appropriate municipal, magistrate
or recorders) court to answer charges for such violation. Upon conviction,
such person shall be punished by a fine not to exceed $1,000 or
imprisonment for 60 days or both. Each act of violation and each day upon
which any violation shall occur shall constitute a separate offense.
Section 11: Administrative Appeal and Judicial Review.
(a) Administrative Appeal
Any person aggrieved by a decision or order of the City of Milton Community
Development Department, may appeal in writing within 30 days after the issuance of
such decision or order to the Director of the Department and shall be entitled to a
hearing before the Mayor and City Council of the City of Milton within 30 days of
receipt of the written appeal. Once established by the Mayor and City Council, the
Board of Zoning Appeals of the City of Milton shall hear such appeals.
(b) Judicial Review
Any person aggrieved by a decision or order of City of Milton, after exhausting all
administrative remedies, shall have the right to appeal de novo to the Superior Court
of Fulton County.
(c) Severability
If any article, section, subsection, paragraph, clause, phrase or provision of this
ordinance shall be adjudged invalid or held unconstitutional, such decision shall not
affect or invalidate the remaining portions of this ordinance.
Article 7: Soil Erosion and Sedimentation Control
Section 1: Authority and Title of Article
This article is adopted pursuant to the authority and mandate of the Georgia Erosion and
Sedimentation Act of 1975 (O.C.G.A 612-7-1 et seq.), as amended. A Memorandum of
Agreement authorizes the City of Milton as a local issuing authority. As a local issuing
authority, Milton is certified to provide and maintain an erosion control program which
includes, but is not limited to, development plan review, permitting and erosion control
enforcement. This article will be known as “The Milton Soil Erosion and Sedimentation
Control Ordinance of 2006.”
Section 2: Intent.
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It is the intent of this ordinance to establish Soil Erosion and Sedimentation Control
minimum requirements, standards, and enforcement procedures for land disturbance
activities in order to conserve and protect the environment, public health, and the general
welfare of the citizens of the City of Milton.
Section 3: Definitions.
The following definitions shall apply in the interpretation and enforcement of this article,
unless otherwise specifically stated:
Best Management Practices (BMPs): A collection of structural practices and vegetative
measures will, when properly designed, installed and maintained, will provide effective
erosion and sedimentation control. The term "properly designed" means designed in
accordance with hydraulic design specifications contained in the "Manual for Erosion and
Sediment Control in Georgia" specified 26 O.C.G.A. 12-7-6 subsection (b).
Board: The Georgia Board of Natural Resources.
Board of Zoning Appeals: The Board appointed by the Milton City Council that hears
appeals of stop work orders.
Buffer: The area of land immediately adjacent to the banks of state waters in its natural state
of vegetation that facilitates the protection of water quality and aquatic habitat.
Commission: The State of Georgia Soil and Water Conservation Commission.
Cut: A portion of land surface or area from which earth has been removed or will be
removed by excavation (the depth below the original ground surface to the excavated
surface). Also known as excavation.
Department: The Department of Natural Resources
Development: The alteration of property for any purpose involving building, subdividing,
and/or the preparation of land for any of the above purposes. Development includes, but is
not limited to, providing utilities, access, parking, storm water management, sewage
disposal systems, and/or construction of a structure
Development Sequence: The sequence of activities to be completed, in order, during the
development of a land disturbance project as per approved construction plans
Deleted: City of Milton Department
of Community Development
Page 67 of 103
Director: The Director (or his/her designees) of the Milton Department of Community
Development.
Director DPW: The Director of Department of Public Works or his/her designee
District: The Fulton County Soil and Water Conservation District
Division: The Environmental Protection Division of the Department of Natural Resources
Drainage Structure: A device composed of a virtually non-erodible material such as
concrete, steel, plastic, or other such material that conveys water from one place to another
by intercepting the flow and carrying it to a release point for stormwater management,
drainage control, or flood control purposes
EPD: The Environmental Protection Division of the Georgia Department of Natural
Resources
EPD Director: The Director of the Environmental Protection Division of the Georgia
Department of Natural Resources
Erosion: The process by which land surface is worn away by the action of wind, water, ice
or gravity.
Erosion and Sediment Control Plan: A plan for the control of soil erosion and sedimentation
resulting from land disturbance activity. Also known as the "plan".
Fill: A portion of land surface to which soil or other solid material has been added; the depth
above the original ground surface or elevation
Finished Grade: The final elevation and contour of the ground after cutting or filling and
conforming to the proposed design
Grading: Altering the shape of ground surfaces. This includes stripping, cutting, filling,
stockpiling, and shaping or any combination thereof, and shall include the land in its cut or
filled condition.
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Deleted: Director, EPD: The Director
of the Environmental Protection
Division of the Georgia Department of
Natural Resources¶
Deleted: ¶
District: The Fulton County Soil and
Water Conservation District¶
Deleted: Erosion and Sedimentation
Control Manual: A field manual
produced by the Georgia Soil and
Water Conservation Commission that
illustrates Vegetative and Structural
Best Management Practices (BMPs),
and their use for land-disturbing
activities.
Deleted: to be maintained until
project completion, that is designed to
minimize soil erosion, protect State
Waters and prevent off-site
sedimentation.
Page 68 of 103
Ground Elevation: The original prior to cutting or filling elevation of the ground surface as
measured from sea level.
Land Disturbing Activity: Any activity which may result in soil erosion from water or wind and
the movement of sediments into state waters or onto lands within the state, including, but
not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not
including agricultural practices as described in Section 4 (e).
Larger Common Plan of-Development or Sale: A contiguous area where multiple separate
and distinct construction activities are occurring under one plan of development or sale. For
the purpose of this, paragraph, “plan” means an announcement; piece of documentation
such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit
application, zoning request, or computer design; or physical demarcation such as boundary
signs, lot stakes, or survey marking, indicating that construction activities will occur on a
specific plot.
Local Issuing Authority: The governing authority of any county or municipality which is
certified pursuant to subsection (a) O.C.G.A. 12-7-8.
Metropolitan River Protection Act (MRPA) –A state law referenced as O.C.G.A. §12-5-440 et
seq., which addresses environmental and developmental matters in certain metropolitan
river corridors and their drainage basins.
Natural Ground Surface: The ground disturbance in its original state before any grading,
excavation or filling.
Nephelometric Turbidity Units (NTU): Numerical units of measure based upon photometric
analytical techniques for measuring the light scattered by finely divided particles of a
substance in suspension. This technique is used to estimate the extent of turbidity in water
in which collioidally dispersed particles are present.
Notice to Comply: Enforcement action based on noncompliance through failure to either
properly install or maintain BMPs, where sediments remain within the boundaries of the
property. This enforcement action provides the violator 5 days to achieve compliance.
Official Notice: A posting of a notice re comply or stop work order on a property that is non-
compliant or in violation.
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Deleted: prior to cutting or filling
Deleted: Original site
topography/ground surface prior to
land disturbance activities.¶
Page 69 of 103
Operator: The party or parties that have:
(a) operational control of construction project plans and specifications, including the
ability to make modifications to those plans and specifications; or
(b) day-to-day operational control of those activities that there are necessary to insure
compliance with a stormwater pollution prevention plan for the site or other permit
conditions, such as a person authorized to direct workers at a site to carry out
activities required by the storm-water pollution prevention plan or to comply with
other permit conditions.
100-year Flood Plain: Land in the flood plain subject to a one percent or greater statistical
occurrence probability of flooding in any given year.
Permit: The authorization necessary to conduct a land disturbing activity under the
provisions of this ordinance.
Person: Any individual, owner, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility, cooperative,
state agency, municipality, or other political subdivision of this state, any interstate body, or
any other legal entity.
Phased Development: The Development of tracts in maximum of 25-acre increments.
Project: The entire proposed development project, regardless of the size of the area of land
to be disturbed.
Qualified Personnel: Any person who meets or exceeds the education and training
requirements of O.C.G.A. 12-7-19.
Reinspection Fee: A fee assessed to the developer/owner/operator or responsible party for
reinspecting the project if requested by the developer/owner/operator or responsible party
prior to the end of the compliance period, provided that upon that reinspection the project
remains out of compliance.
Roadway Drainage Structure: A device such as a bridge, catch basin, culvert, or ditch,
composed of a virtually non-erodible material such as concrete, steel, plastic, or other such
material that conveys water under a roadway by intercepting the flow on one side of a
Page 70 of 103
traveled way (public or private) consisting of one or more defined lanes, with or without
shoulder areas, and carrying water to a release point on the other side.
Sediment: Solid material, both organic and inorganic that is in suspension, is being
transported, or has been moved from its site of origin by air, water, ice, or gravity as a
product of erosion.
Sedimentation: The process by which eroded material is transported and deposited by the
action of water, wind, ice, or gravity.
Soil and Water Conservation District Approved Plan: An Erosion and Sedimentation Control
Plan approved in writing by the Fulton County Soil and Water Conservation District.
Stabilization: The process of establishing an enduring soil cover by the installation of
temporary or permanent structures or vegetation for the purpose of reducing to a minimum
the erosion process and the resultant transport of sediment by wind, water, ice, or gravity.
State General Permit: The National Pollution Discharge Elimination System general permit
or permits for storm water runoff from construction activities as is now in effect or as may be
amended or reissued in the future pursuant to the state's authority to implement the same
through federal delegation under the Federal Water Pollution Control Act, as amended, 33
U.S.C. Section 1251, ct seq., and subsection (f) of code Section 12-5-30.
State Waters: Any and all rivers, streams, creeks, branches, lakes, ditches, reservoirs,
ponds, drainage system, springs, wells, and other bodies of surface or subsurface water,
natural or artificial, lying within or forming a part of the boundaries of the state which are not
entirely confined and retained completely upon the property of a single individual,
partnership, or corporation.
Stop Work Order: Enforcement action that ceases all work onsite or a portion of the site.
Structural Erosion and Sedimentation Control Measures: Practices for the stabilizing of
erodible or sediment-producing areas by utilizing the mechanical properties of matter for the
purpose of either changing the surface of the land or storing, regulating, or disposing of
runoff to prevent sediment loss. Examples of structural erosion and sediment control
practices are: riprap, sediment basins, dikes, level spreaders, waterways, outlets,
diversions, grade stabilization structures, sediment traps, and sediment barriers, and land
grading. Such practices can be found in the publication "Manual for Erosion and Sediment
Control in Georgia."
Deleted: measures
Deleted: etc
Deleted: measures as defined
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Trout Streams: All streams or portions of streams within the watershed as designated by the
Game and Fish Division of the Georgia Department of Natural Resources under the
provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq. Streams
designated as primary trout waters are defined as water supporting a self-sustaining
population of rainbow, brown, or brook trout. Streams designated as secondary trout waters
are those in which there is no evidence of natural trout reproduction, but are capable of
supporting trout throughout the year. First order trout waters are streams into which no other
streams flow except springs.
Turbidity: A measure of clarity of a water sample.
Underbrush: Any small shrubs, ground cover, or similar plants growing beneath the canopy
of mature trees.
Vegetative Erosion and Sedimentation Control: Practices for the stabilization of erodible or
sediment-producing areas by covering the soil with:
(a) Permanent seeding, sprigging, or planting, producing long-term vegetative
cover;
(b) Temporary seeding, producing short-term vegetative cover, or
(c) Sodding; covering areas with a turf of perennial sod-forming grass. Such practices
can be found in the Erosion and Sediment Control Manual.
Watercourse: Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal,
conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either
continuously or intermittently and which has a definite channel, bed, and banks, and
including any area adjacent thereto subject to inundation by reason of overflow or flood
water.
Wetlands: Those areas that are inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas.
(96-0113, § 28-3-2, 1-3-96; 99-0151, § 1, 2, 3, 2001)
Cross reference(s): Definitions generally, § 1-2.
State law reference(s): Similar provisions, O.C.G.A. §12-7.3
Section 4: Exemptions to Article.
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This article shall apply to any land-disturbing activity undertaken by any person on any land
except for the following:
(a) Surface mining, as the same is defined in O.C.G.A. §12-4-72, "Mineral Resources
and Caves Act";
(b) Granite quarrying and land clearing for such quarrying;
(c) Such minor land disturbing activities as home gardens and individual home
landscaping, repairs, maintenance work, fences and other related activities which
result in minor soil erosion;
(d) The construction of single-family residences when such construction disturbs less
than one acre and is not a part of a larger common plan of development or sale with
a planned disturbance of equal to or greater than one acre and not otherwise
exempted under this Section; provided, however, that constriction of any such
residence shall conform to the minimum requirements as set forth in this paragraph
and Section 5 of this article. For single-family residence construction covered by
provisions of this paragraph, there shall be a buffer zone between the residence and
any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of
O.C.G.A. Title 12, the Georgia Water Quality Control Act. In any such buffer, no land-
disturbing activity shall be constructed between the residence and the point where
vegetation has been wrested by normal streams flow or wave action from the banks
of the trout waters. For primary trout waters, the buffer zone shall be at least 50
horizontal feet, and no variance to a smaller buffer shall be granted. For secondary
trout waters, the buffer zone shall be at least 50 horizontal feet, but the Director, EPD
may grant variances to no less than 25 feet. Regardless of whether a trout stream is
primary or secondary, for first order trout waters, which are streams into which no
other streams flow except for springs, the buffer shall be at least 25 horizontal feet,
and no variance to smaller buffer shall be granted. The minimum requirements of
Section 5 of this article and the buffer zones provided by this section shall be
enforced by the issuing authority;
(e) Agricultural operations as defined in O.C.G.A. §1-3-3 to include raising, harvesting,
or storing of products of the field or orchard; feeding, breeding, or managing livestock
or poultry; producing or storing feed for use in the production of livestock including,
but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits or for use in
the production of poultry, including but not limited to chicken, hens and turkeys;
producing plants, trees, fowl, or animals; the production of aquaculture, horticultural,
dairy, livestock, poultry, eggs, and apiarian products; and farm buildings and farm
ponds;
(f) Forestry land management practices, including harvesting; provided, however, that
when such exempt forestry practices cause or result in land-disturbing or other
activities otherwise prohibited in a buffer, as established in paragraphs (xv) and (xvi)
of Section 5 (c) of this article, no other land disturbing activities, except for normal
forest management practices, shall be allowed on the entire property upon which the
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forestry practices were conducted for a period of three years after completion of such
forestry practices;
(g) Any project carried out under the technical supervision of the Natural Resource
Conservation Service of the United States Department of Agriculture;
(h) Any project involving less than 5,000 square feet of disturbance; provided, however,
that this exemption shall not apply to any land disturbing activity within a larger
common plan of development or sale with a planned disturbance equal to or greater
than one acre or within 200 feet of the bank of any state waters, and for purposes of
this paragraph, “State Waters” excludes channels and drainage ways which have
water in them only during and immediately after rainfall events and intermittent
streams which do not have water in them year round; provided, however, that any
person responsible for a project which involves less than one acre, which involves
land disturbing activity, and which is within 200 feet of any such excluded channel or
drainage way, must prevent sediment from moving beyond the boundaries of the
property on which such project is located and provided, further, that nothing herein
shall prevent the local issuing authority from regulating any such project which is not
specifically exempted by paragraphs (a),(b),(c),(d),(e),(f),(g),(i), (j), or (k) of this
section;
(i) Construction or maintenance projects, or both, undertaken or financed, in whole or in
part, or both, by the Department of Transportation, the Georgia Highway Authority, or
the State Road and Tollway Authority; or any road construction or maintenance
project, or both, undertaken by any county or municipality; provided, however, that
construction or maintenance projects of the Department of Transportation or State
Road and Tollway Authority which disturb once or more contiguous acres of land
shall be subject to provisions of O.C.G.A.12-7-7,1; except where the Department of
Transportation, The Georgia Highway Authority, or the State Road and Tollway
Authority is a secondary permittee for a project located within a larger common plan
of development or sale under the state general permit, in which case a copy of a
notice of intent under the state general permit shall be submitted to theLIA, the LIA,
shall enforce compliance with the minimum requirements set forth in U.C.G.A 12-7-6
and Section 5 of this Article as if a permit had been issued, and violations shall be
subject to the same penalties as violations by permit holders; copies of any plans
approved under that code section shall be provided to the Director,
(j) Any land-disturbing activities conducted by any electric membership corporation or
municipal electrical system or any public utility under the regulatory jurisdiction of the
Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A.
36-18-1, or any agency or instrumentality of the United States engaged in the
generation, transmission, or distribution of power, except where an electric
membership corporation or municipal electric system or any public utility under the
regulatory jurisdiction of the Public Service Commission, any utility under the
regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable
Deleted: disturbance of one acre or
less
Deleted: subsection
Deleted: s
Deleted: w
Deleted: one acre or less
Deleted: 1
Deleted: 2
Deleted: 3
Deleted: 4
Deleted: 5
Deleted: 6
Deleted: 7
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Page 74 of 103
television system as defined in O.C.GA 36-18-1, or any agency or instrumentality of
the United States engaged in the generation, transmission, or distribution of power is
a secondary permittee for a project located within a larger common plan of
development or sale under the state general permit, in which case the county shall
enforce compliance with the minimum requirements set forth in O.C.G.A. 12-7-6 and
Section 5 of this Article as if a permit had been issued and violations shall be subject
to the same penalties as violations by permit holders; and
(k) Any public water system reservoir.
State law reference(s)--Exemptions, O.C.G.A. § 12-7-17.
Section 5: Minimum Requirements for Erosion and Sedimentation Contol Using Best
Management Practices (BM).
(a) General provisions. Excessive soil erosion and resulting sedimentation can take
place during land disturbing activities. Therefore, plans for those land disturbing
activities which are not exempted by this article shall contain provisions for
application of soil erosion and sedimentation control measures and practices. The
provisions shall be incorporated into the erosion and sedimentation control plans.
Soil erosion and sedimentation control measures and practices shall conform to the
minimum requirements of subsection 5 (b) and (c) of this article. The application of
measures and practices shall apply to all features of the site, including street and
utility installations, drainage facilities and other temporary and permanent
improvements. Measures shall be installed to prevent or control erosion and
sedimentation pollution during all stages of any land disturbing activity.
(b) Minimum Requirements BMPs
(i) Best Management Practices as set forth in subsections 5 (b) and (c) of this
article shall be required for all land disturbing activities. Proper design,
installation, and maintenance of BMPS shall constitute a complete defense to
any action by the EPD Director or to any other allegation of noncompliance
with paragraph (ii) of this section or any substantially similar terms contained
in a permit for the discharge of stormwater issued pursuant to O.C.G.A. § 12-
5-30(f) of the "Georgia Water Quality Control Act". As used in this subsection,
the terms "proper design" and "properly designed" mean designed in
accordance with the hydraulic design specifications contained in the "Manual
for Erosion and Sediment Control in Georgia" specified in O.C.G.A. 12-7-6
subsection (b).
(ii) A discharge of stormwater runoff from disturbed areas where BMPs have not
been properly designed, installed, and maintained shall constitute a separate
violation of any land disturbing permit issued by LIA or of any state general
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Deleted: excluded
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Deleted: B
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Deleted: Milton
Page 75 of 103
permit issued by the division, pursuant to subsection (f) of O.C.G.A. 12-5-30,
the "Georgia Water Quality Control Act" for each day on which such
discharge results an the turbidity of receiving waters being increased by more
than 25 nephelometric turbidity units for waters supporting warm water
fisheries or by more than ten nephelometric turbidity units for waters
classified as trout waters. The turbidity of the receiving waters shall be
measured in accordance with guidelines issued by the EPD Director. This
paragraph shall not apply to any land disturbance associated with the
construction of single family homes which are not part of a larger common
plan of development or sale unless the planned disturbance for such
construction is equal to or greater than five acres.
(iii) Failure to properly design, install, or maintain BMPs shall constitute a
violation with any land disturbing permit issued by Milton or of any state
general permit issued by the Division pursuant to subsection (f) of O.C.G.A.
12-5-30, The "Georgia Water Quality Control Act" for each day on which such
failure occurs. When such non-compliance is identified by the Director, official
notice will be posted on that property.
(iv) The EPD Director may require, in accordance with regulations adopted by the
Board, reasonable and prudent monitoring of the turbidity level of receiving
waters into which discharges from land disturbing activities occur as outlined
by the National Pollution Discharge Elimination System requirements.
(c) The rules and regulations, ordinances, or resolutions adopted pursuant to this
chapter for the purpose of governing land disturbing activities shall require, as a
minimum, protections at least as stringent as the state general permit; and BMPs,
including sound conservation and engineering practices to prevent and/or minimize
erosion and resultant sedimentation, which are consistent with, and no less stringent
than, those practices contained in the "Manual for Erosion and Sediment Control in
Georgia," published by the Georgia Soil and Water Conservation Commission as of
January 1 of the year in which the land disturbing activity was permitted, as well as
the following:
(i) Proper erosion control measures must be installed along site boundaries
prior to stripping of vegetation, regarding, and other development activities as
deemed by the Community Development Director to minimize erosion and prevent
sediment from leaving the site.
(ii) Cut-fill operations must be kept to a minimum.
(iii) Development plans must conform to topography and soil type so as to
minimum erosion potential.
Deleted: N
Deleted: N
Deleted: , EPD
Deleted: plea
Deleted: non compliance
Deleted: Manager
Deleted: soil erosion
Page 76 of 103
(iv) When ever feasible, natural vegetation shall be retained, protected and
supplemented.
(v) The disturbed area and duration of exposure to erosive elements shall be
kept to a practicable minimum. Disturbed soil shall be stabilized as quickly
as practicable.
(vi) Temporary vegetation or mulching shall be employed to protect all exposed
areas (especially steep cuts and/or banks, etc.) during development.
(vii) Permanent vegetation and structural erosion control measures shall be
installed as soon as practicable.
(viii) Sediment in runoff water must be trapped by the use of debris basins,
sediment basins, sediment barriers, construction exits or similar BMPs as
outlined in the Erosion and Sediment Control Manual until the disturbed area
is stabilized. As used in this subsection, a disturbed area is stabilized when it
is brought to a condition of continuous compliance with the requirements of
this section, and O.C.G.A. 12-7-1 et seq.
(ix) Adequate provisions must be provided to minimize damage from, surface
water to the cut face of excavations or the sloping surface of fills. Cuts and
fills must not endanger adjoining properties.
(x) Sound engineering practices or methods shall be employed to protect
adjoining properties.
(xi) Fills may not encroach upon natural watercourses or constructed channels
in a manner so as to adversely affect other property owners.
(xii) Migrated soil materials or soil materials displaced by mechanical means from
land disturbing sites to adjacent water courses, such as lakes, ponds,
streams and creeks etc. must be remediated. The remedial work shall be
conducted as per a remedial plan approved by Milton.
(xiii) Grading equipment must cross flowing streams by means of temporary or
permanent bridges or culverts except when such methods are not feasible,
provided, in any case, that such crossings are kept to a minimum.
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Deleted: that is beyond the
permitted limits of land disturbance
Deleted: and when ever feasible,
natural vegetation shall be retained,
Deleted: Disturbed soil shall be
stabilized by the close of each
business day for utilities, and within
five to ten days of initial land
disturbance for other
commercial/residential sites,
Deleted: upon achieving final grade
Deleted: In cases where cuts and
fills endanger adjoining properties, s
Deleted: those
Deleted: ¶
(A)All slopes shall be stabilized
immediately and shall remain so for a
period of no less than one year from
the issuance of the project's final
certificate of occupancy and/or the
recording of a final plat. ¶
¶
(B)All slopes greater than or equal
to 3H:IV must be permanently
stabilized with structural or vegetative
BMPs.¶
¶
(C)A plan must be submitted to
demonstrate that all slopes
associated with fill/cut sections have
been adequately designed to be
stabilized structurally (such as
retaining walls) or vegetatively
(erosion mat/blanket, tree bark mulch,
etc). Such analysis, reports, or design
shall be prepared and approved by a
certified design professional.¶
Deleted: those
Page 77 of 103
(xiv) Land-disturbing activity plans for erosion and sedimentation control shall
include provisions for treatment or control of any source of sediments and
adequate sedimentation control facilities to retain sediments on-site or
preclude sedimentation of adjacent waters beyond the levels specified in
Section 5(b)(ii) of this ordinance.
(xv) Except as provided in paragraph (xvi) of this subsection, there is established
a 25 foot buffer along banks of all state waters as measured horizontally from
the point where vegetation has been wrested by normal stream flow or wave
action, except where the EPD Director determines to allow a variance that is
at least as protective of natural resources and the environment where
otherwise allowed by the EPD Director pursuant to O.C.G.A. §12-2-8, or
where a drainage structure or a roadway drainage structure must be
constructed, provided that adequate erosion control measures are
incorporated is the project plans and specifications are implemented;
provided, however, that buffers of at least 25 feet established pursuant to
Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act" shall
remain in force unless a variance is granted by the EPD Director as provided
in this paragraph. The following requirements shall apply to any such buffer.
(A) No land- disturbance activities shall be conducted within a buffer and
a buffer shall remain in its natural, undisturbed state of vegetation until
all land-disturbing activities on the construction site are completed,
(except as otherwise provided by this paragraph.) Temporary
structural best management practices are required to be removed at
the completion of project. Once the final stabilization of the site is
achieved, a buffer way be thinned or trimmed of vegetation as long as
a protective vegetative cover remains to protect water quality and
aquatic habitat and a natural canopy is left in sufficient quantity to
keep shade on the stream bed; provided, however, that any person
constructing a single-family residence, when such residence is
constructed by or under contract with the owner for his or her own
occupancy, may thin or trim underbrush in a buffer at any time as long
as protective vegetative cover remains to protect water quality and
aquatic habitat and a natural canopy is left in sufficient quantity to
keep shade on the stream bed; and
(B) The buffer shall not apply to the following land-disturbing activities,
provided that they occur at an angle, as measured from the point of
crossing, within 25 degrees of perpendicular to the stream; cause a
width of disturbance of not more than 50 feet within the buffer; and
adequate erosion control measures are incorporated into the project
plans and specifications and are implemented: (i) Stream crossings
for water lines; or (ii) Stream crossings for sewer lines.Except as
otherwise described in this Article, there is established a 25-
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shall not be conducted within 25 feet
of the banks of any state waters,
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Page 78 of 103
foot buffer along the banks of all state waters, as measured
horizontally from the point where vegetation has been wrestled by
normal stream flow or wave action, except where the Director,
EPD determines to allow a variance that is at least as protective of
natural resources and the environment, where otherwise
allowed by the Director, EPD pursuant to O.C.G.A.12.2-8, or
where drainage structures or a roadway drainage
structure must be constructed, provided that adequate
erosion control measures are incorporated in the project
plans and specifications, and are implemented; provided, however,
the buffers of at least 25 feet established pursuant to part 6 of Article
5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall
remain in force unless a variance is granted by Director, EPD as
provided in this paragraph. The following requirements shall apply to
any such buffer.
(xvi) There is established a 50-foot buffer as measured horizontally from the point
where vegetation has been wrested by normal stream flow or wave action,
along the banks of any state waters classified as "trout streams" pursuant to
Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act",
except where a roadway drainage structure must be constructed; provided,
however, that small springs and streams classified as trout streams which
discharge an average annual flow of 25 gallons per minute or less shall have
a 25 foot buffer or they may be piped, at the discretion of the landowner,
pursuant to the terms of a rule providing for a general variance promulgated
by the Board, so long as any such pipe stops short of the downstream
landowner's property and the landowner complies with the buffer requirement
for any adjacent trout steams. For single-family residence construction
covered by the provisions of Sectiion 4 (d), there shall be a buffer zone
between the residence and any state waters classified as trout streams
pursuant to the Article 2 of Chapter 5 of the "Georgia Water Quality Control
Act". In any such buffer zone, no land disturbing activity shall be conducted
between the residence and the point where vegetation has been wrested by
normal stream flow or wave action from the banks of the trout waters. For
primary trout waters, the buffer zone shall be at least 50 horizontal feet, and
no variance to a smaller buffer shall be granted. For secondary trout waters,
the buffer zone shall be at least 50 horizontal feet, but the EPD Director may
grant variances to no less than 25 feet. Regardless of whether a trout stream
is primary or secondary, for first order trout waters, which are streams into
which no other streams flow except for springs, the buffer shall be at least 25
horizontal feet, and no variance to a smaller buffer shall be granted. The
minimum requirements of Section 5 of this article and the buffer zones
provided by this section shall be enforced by the Community Development
Director. The EPD Director may grant a variance from such buffer to allow
land-disturbing activity, provided that adequate erosion control measures are
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(C)
Deleted: Except as otherwise
described in this Article, there is
established a 25-foot buffer along the
banks of all state waters, as
measured horizontally from the point
where vegetation has been wrestled
by normal stream flow or wave action,
except where the Director, EPD
determines to allow a variance that is
at least as protective of natural
resources and the environment,
where otherwise allowed by the
Director, EPD pursuant to
O.C.G.A.12.2-8, or where drainage
structures or a roadway drainage
structure must be constructed,
provided that adequate erosion
control measures are incorporated in
the project plans and specifications,
and are implemented; provided,
however, the buffers of at least
25 feet established pursuant to part 6
of Article 5, Chapter 5 of Title 12, the
"Georgia Water Quality Control Act",
shall remain in force unless a
variance is granted by Director, EPD
as provided in this paragraph. The
following requirements shall apply to
any such buffer.
Deleted: (D)
Deleted: The buffer shall not apply
to the following land-disturbing
activities, provided that they occur at
an angle, as measured from the point
of crossing, within 25 degrees of
perpendicular to the stream; cause a
width of disturbance of not more than
50 feet within the buffer; and
adequate erosion control measures
are incorporated into the project plans
and specifications and are
implemented: (i) Stream crossings for
water lines; or (ii) Stream crossings
for sewer lines.
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Deleted: (O.C.G.A 112-5-20 et seq.)
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incorporated in the project plans and specifications and are implemented.
The following requirements shall apply to buffer:
(A) No land-disturbance activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed state of vegetation until
all land-disturbing activities on the construction site are completed.
Once the final stabilization of the site is achieved, a buffer may be
thinned or trimmed of vegetation as long as a protective vegetative
cover remains to protect water quality and aquatic habitat and a
natural canopy is left in sufficient quantity to keep shade on the
stream bed; provided, however, that any person constructing a single-
family residence, when such residence is constructed by or under
contract with the owner for his or her own occupancy, may thin or trim
vegetation in a buffer at any time as long as protective vegetation
cover remains to protect water quality and aquatic habitat and natural
canopy is left in sufficient quality to keep shade on the stream bed;
and
(B) The buffer shall not apply to the following land-disturbing activities,
provided that they occur at an angle, as measured from the point of
crossing, within 25 degrees of perpendicular to the stream; cause a
width of disturbance of not more than 50 feet within the buffer; and
adequate erosion control measures are incorporated into the project
plans and specifications and are implemented: (i) Stream crossings
for water lines; or (ii) Stream crossings for sewer lines.
(d) Nothing contained in this chapter shall prevent any Local Issuing
Authority from adopting rules and regulations, ordinances, or
resolutions which contain stream buffer requirements in Section 5 (b)
and 5 (c) of this ordinance.
(e) The fact that land-disturbing activity for which a permit has been issued
results in injury to the property of another shall neither constitute proof of
nor create a presumption of a violation of the standards provided in this
ordinance or terms of the permit.
(f) Additional Requirements. Where the Manager finds, through inspection, that property
owners have been adversely affected due to violations clearly identified by the
Manager, or that the approved current plans do not adequately address the features
of the site, the Manager can require additional BMPs, drawings, and revisions to
comply with the minimum requirements as outlined in Section 5.
Section 6: Land Disturbance Application/Permit Process.
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(a) General.
The property owner, developer, and designated planners and engineers shall review
the general development plans and detailed plans of Milton that affect the tract to be
developed and the area surrounding it. They shall review the zoning resolution,
stormwater management ordinance, subdivision ordinance, flood damage prevention
resolution, this article, and other ordinances which regulate the development of land
within the, jurisdictional boundaries of Milton. However, the property operator is the
only party who may obtain a permit.
(b) Application Requirements.
(i) Prior to any land-disturbing activity, the property in question must be part of
an approved and recorded legal lot of record (exemption plat, minor plat, or
final plat). Additionally, no land-disturbing activity, including grading,
excavating, filling, and/or foundation work, shall be conducted within the City
of Milton, until a land-disturbance permit or a building permit (for those
projects not requiring a land-disturbance permit under this Article) shall have
been issued by the Community Development Director allowing such activity,
pursuant to the provisions herein provided. If a project is to be developed in
phases, then a separate land disturbance permit or building permit is required
for each phase not to exceed 25-acre increments and the development
sequence should be followed on all projects issued a land disturbance permit.
(ii) No person shall conduct any land disturbing activity within the jurisdictional
boundaries of Milton without first obtaining a permit from the Milton
Department of Community Development or its successor to perform such
activity.
(iii) All developments, construction, improvements, utilities, and demolitions that
occur within the boundaries of the incorporated limits of the City of Milton that
disturb more than 5,000 square feet of land shall be required to submit an
application for a land-disturbance permit.
(iv) The application for a permit shall be submitted to the Community
Development Department and must include the applicant's erosion and
sedimentation control plan with supporting data, as necessary. Said plans
shall include, as a minimum, the data specified in subsection (c) of this
section. Soil erosion and sedimentation control plans shall conform to the
provisions of Section 5 (b) and (c) of this article. Applications for a permit will
not be accepted unless accompanied by three (3) copies of the applicant’s
soil erosion and sedimentation control plans and a physical address of the
property owner (Post Office Box not acceptable). All applications shall contain
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Page 81 of 103
a certification stating that the plan preparer or the designee thereof visited the
site prior to creation of the plan or that such a visit was not required in
accordance with rules and regulations established by the Board.
(v) A minimum fee, as set by the Milton City Council, shall be charged for each
acre, or fraction thereof, of the project area.
(vi) In addition to Milton’ permitting fees, fees also will be assessed pursuant to
paragraph (5) subsection (a) of O.C.G.A.12-5-23, provided such that such
fees shall not exceed $80.00 per acre of land-disturbing activity, and these
fees shall be calculated and paid by the primary permittee as defined in the
state general permit for each acre of land-disturbing activity included in the
planned development or each phase of development. All applicable fees shall
be paid prior to issuance of the land disturbance permit. Half of such fees
levied shall be submitted to the Division; except that any and all fees due
from an entity which is required to give notice pursuant to paragraph (9) or
(10) of O.C.GA 12-7-17 shall be submitted in full to the Division, regardless of
the existence of a Local Issuing Authority in the jurisdiction.
(vii) The permit applicant shall be required to post a bond (surety) in the form of
cash prior to issuing the permit. The bond amount shall be determined as
established by the Milton Community Development Department, but not
exceeding $3,000.00 per acre or fraction thereof of the proposed land-
disturbing activity. If the applicant does not comply with this article or with the
conditions of the permit after issuance, Milton may call the bond or any part
thereof to be forfeited and may use the proceeds to hire a contractor to
stabilize the site of the land disturbing activity and bring it into compliance.
These corrective actions may include, but are not limited to, desilting
detention ponds, water bodies, stormwater facilities, roadways, installing a
fence with locking device, restablishing damaged buffers, and similar or
related actions. If a permit applicant has had two or more outstanding
violations of previous permits, this Article, or the Erosion and Sedimentation
Act of 1975 (O.C.G.A. §12.7-1 et seq.), as amended within three years prior
to the date of filing of the application under consideration, the City of Milton
may deny the permit application.
(viii) If applicable, immediately upon receipt of an application and plan for a permit,
Milton shall refer the application and plan to the District for its review and
approval or disapproval concerning the adequacy of the erosion and
sedimentation control plan. The District shall approve or disapprove a plan
within 35 days of receipt. Failure of the District to act within 35 days shall be
considered an approval of the pending plan. The results of the District review
shall be forwarded to Milton. No permit will be issued unless the plan has
been approved by the District , and any variances required by Section 5 (c)
(xv) and (xvi) and bonding, if required as per subsection (b)(vii) of this
section, have been obtained. Such review will not be required if Milton and
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Page 82 of 103
the District have entered into an agreement which allows Milton to conduct
such review and approval of the plan without referring the application and
plan to the District.
(c) Plan Requirements.
(i) Plans must be prepared to meet the minimum requirements as
contained in Section 5 (b). & (c) of this ordinance. Conformance with the
minimum requirements may be attained through the use of design criteria in
the current issue of the Manual for Erosion and Sedimentation Control in
Georgia, published by the State Soil and Water Conservation as a guide; or
through the use of more stringent, alternate design criteria which conform to
sound conservation and engineering practices. The Manual for Erosion and
Sedimentation Control in Georgia is hereby incorporated by reference into
this ordinance. The plan for the land-disturbing activity shall consider the
interrelationship of the soil types, geological and hydrological characteristics,
topography, watershed, vegetation, proposed permanent structures
including roadways, constructed waterways, sediment control and
stormwater management facilities, local ordinances and State laws.
(ii) Data Required for Site Plan
(A) Narrative or notes, and other information: Notes or narrative to
be located on the site plan in general notes or in erosion and
sedimentation control notes.
(B) Description of existing land use at project site and description of
proposed project.
(C) Name, address, and phone number of the property owner.
(D) Name and phone number of 24-hour local contact who is
responsible for erosion and sedimentation controls.
(E) Size of project, or phase under construction, in acres.
(F) Activity schedule showing anticipated started and completion
dates for the project. Include the statement in bold letters,
that “the installation of erosion and sedimentation control
measures and practices shall occur prior to or concurrent with
land-disturbing activities.”
(G) Stormwater and sedimentation management systems-storage
capacity, hydrologic study, and calculations, including off-
site
drainage areas.
(H) Vegetative plan for all temporary and permanent vegetative
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Deleted: Refer to the Milton Erosion
and Sedimentation Control Plan
Administrative Guidelines for
procedures and requirements
concerning the review and approval
of construction plans
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Page 83 of 103
measures, including species, planting dates, and seeding,
fertilizer, lime, and mulching rates. The vegetative plan should
show options for year-round seeding.
(I) Detail drawing for all structural practices. Specifications may
follow guidelines set forth in the Manual for Erosion and
Sediment Control in Georgia.
(J) Maintenance statement- “Erosion and sedimentation control
measures will be maintained at all times. If full
implementation of the approved plan does not provide for
effective erosion and sediment control, additional erosion and
sediment controlmeasures shall be implemented to control or
treat the sediment source.
(iii) Maps, drawings, and supportive computations shall bear the signature/seal of
a registered or certified professional in engineering, architecture, landscape
architecture, land surveying, or erosion and
sediment control. After December 31,2006, all persons involved in
land development design, review, permitting, construction, monitoring, or
inspection or any land-disturbing activity shall meet the education and training
certification requirements as developed by the commission pursuant to
O.C.G.A.12-7-20. The certified plans shall contain:
(A) Graphic scale and north point or arrow indicating magnetic north.
(B) Vicinity maps showing location of project and existing streets.
(C) Boundary line survey
(D) Delineation of disturbed areas within project boundary.
(E) Existing and planned contours, with an interval in accordance with the
following:
Map Scale Ground Slope Contour Interval, ft.
1 inch = 100 ft.
or larger scale
Flat 0-2%
Rolling 2-8%
Steep 8% +
0.5 or 1
1 or 2
2, 5 or 10
(F) Adjacent areas and feature areas such as streams, lakes,
residential areas, etc. which might be affected should be indicated on
the plan.
(G) Proposed structures or additions to existing structures and
paved areas.
(H) Delineate the 25-foot horizontal buffer adjacent to state waters
and the specified width in MRPA areas.
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Page 84 of 103
(I) Delineate the specified horizontal buffer along designated trout
streams, where applicable.
(J) Location of erosion and sedimentation control measures and
practices using coding symbols from the Manual for Erosion
and Sediment Control in Georgia.
(iv) Maintenance of all soil erosion and sedimentation control practices,
whether temporary or permanent, shall be at all times the responsibility of the
property owner.
(d) Permits and Development Activity.
(i) Permits shall be issued or denied as soon as practicable but in any event not
later than 45 days after receipt by Milton of a completed application, provided
that any necessary variances have been obtained, bonding has been
provided, and specifications developed and maintained by the Public Works
Department and permitted by the Community Development Department o
have been met.
(ii) No permit shall be issued by Milton unless the erosion and sedimentation
control plan has been approved by the District or by Milton, and unless Milton
has affirmatively determined that the plan is in compliance with this article,
any variances required by Section 5(c) (xv) or (xvi) are obtained, bonding
requirements, if necessary, as per Section 6 (b) (vii) are met and all
ordinances and rules and regulations in effect within the jurisdictional
boundaries of the City of Milton are met. If the permit is denied, the reason for
denial shall, be furnished to the applicant.
(iii) If the tract is to be developed in phases, then a separate permit shall be
required for each phase to include the Development Sequence.
(iv) The permit may be suspended, revoked, or modified by Milton, as to all or
any portion of the land affected by the plan, upon finding that the holder or his
successor in title is not in compliance with the approved erosion and
sedimentation control plan or that the holder or his successor in title is in
violation of this article. A holder of a permit shall notify any successor in title
to him of the conditions contained in the permit as to all or any portion of the
land affected by the approved plan.
(v) Sedimentation basins shall not be allowed in a live stream.
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perennially flowing streams
Page 85 of 103
(vi) The permittee shall ensure that engineering and construction on any land
within Milton shall be carried out in such a manner as to protect neighboring
persons and property from damage or loss resulting from stormwater runoff,
soil erosion, or deposition upon private property or public streets or water-
transported silt or debris.
(vii) If through inspection, the Community Development Director determines that
full implementation of the approved plan does not provide for effective
erosion and sedimentation control, additional erosion and sedimentation
control measures shall be implemented to control or treat the sediment
source.
(viii) It shall constitute non-compliance with this article to engage in land-
disturbance activity involving clearing, grading, or grubbing without a permit,
which activity may immediately warrant citation(s).
(ix) Design and installation of properly functioning detention facilities, including
outflow and overflow control devices, shall be the responsibility of the owner.
If any erosion control devices are damaged or destroyed during grading or
construction; all construction processes shall cease until the devices are
restored to their functioning capability. The owner, through application for
grading or construction permits, accepts the responsibility of maintenance of
the control devices.
(x) The owner and operator shall be responsible for the maintenance of the
storm drainage facilities during grading, construction, and for a 15 month
period following the final approval of the completed project. Maintenance will
be construed to include preserving the enclosing walls or impounding
embankment or the detention basin and sedimentation ponds, in good
condition; ensuring structural soundness, functional adequacy, and freedom
from sediment of all drainage structures; and rectifying any unforeseen
erosion problems.
(xi) The developer shall provide stabilization by covering the soil with: permanent
seeding, sprigging, or pivoting, producing long-term vegetative cover,
temporary seeding producing short-terra vegetative cover, sodding or
covering areas with a turf of perennial sod forming grass; and security fences
for safety purposes at detention facilities as prescribed by and prior to
approval by Milton.
(96-0113, §28-3-5, 1-3-96; 99-0151, § 4, 2001)
State law reference(s)--Permits for land disturbing activities, O.C.G.A. § 12-7-7, 12-7-9.
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inspections may require revisions,
addendum, and modifications that
address any and all features to
ensure compliance with this article
and any permit issued hereunder.
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Page 86 of 103
Section 7:City or County Construction; Compliance with Article.
All engineering and construction involving land disturbance performed by or on behalf of
Milton and under the direction of the Public Works Department or any other Milton entity,
whether such engineering or construction is being accomplished on existing and proposed
public land or on public easement, shall comply with the requirements of Sections 5 and 11.
(96-0113, § 28-3-6, 2001)
Section 8: Residential Construction.
Notwithstanding any other provisions of this article, the Construction of single-family
detached dwellings shall be subject to the following rules:
(a) Building permit, No land disturbing activity or other work (including moving and
demolition) shall commence on a project until the owner or the contractor
undertaking the work shall have applied for, and been issued, a land disturbance
permit or building permit by the Community Development Director. The
owner/contractor shall prominently display on site the building permit, a signed
erosion and sedimentation control agreement and approved site plan in full public
view, until issuance of certification of occupancy. Demolition projects shall be
required to install BMPs where necessary to prevent erosion. Failure to install BMPs
shall constitute non compliance with this ordinance.
(b) Notice to Comply. The Community Development Director shall issue a Notice to
Comply for failure to either install or maintain Best Management Practices (BMPs),
even though sediments remain contained within the boundaries of the property by
the use of debris basins, sediment basins, sediment barriers, and construction exits
in accordance with this article. Subsequently, a stop work order shall be issued if
compliance with a Notice to Comply is not achieved by the end of the specified
compliance period of 5 days.
(c) Stop Work Order. The Community Development Director or representative shall
issue an order to cease all work ("stop work order") on a project covered by this
section if any work on that project is proceeding without a land disturbance permit or
building permit, or, when silt, mud, or other waterborne debris leave the property
boundary, or (if such a permit has been issued) it is found by the Community
Development Director or representative that all or any portion of the project remains
out of compliance with any requirements of Sections 5 (b) or (c), any other provision
of this article or any other City of Milton ordinance, regulation or requirement after the
specified compliance period or a site has been in violation at least two prior
occurrences, to include any applicable fines and penalties. All other requirements of
Section 11(b) of this article also apply to projects covered by this section.
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(96-0113, §28-3-7, 1-3-96; 99-0151, §§5, 6 ,2001)
Section 9: Design Professional Inspection.
(a) The design professional referenced in the state general permit (except when the
primary permittee has requested in writing and EPD has agreed to an alternative
design professional) must inspect the installation of BMPs which the design
professional designed within seven days after the initial construction activities
commenced. The design profession shall determine if these BMPs have been
installed and are being maintained as designed. The design professional shall report
the results of the inspection to the primary permittee within seven days and the
primary permittee must correct all deficiencies within two business days of receipt of
the inspection report from the design professional unless weather related site
conditions are such that additional time is required. The Community Development
Director shall withhold the occupancy permit until full compliance has been achieved.
(96-0113, §28-3-8, 1-3-96; 99-0151, § 7, 2001)
(b) Additional Reporting Requirements.
Applicants/owners/operators shall provide the Community Development Director with
a copy of any monitoring results submitted to EPD regarding National Pollutant
Discharge Elimination System (NPDES). Reports shall be in a format as prescribed
by EPD. A copy of the Notice of Intent which has been sent to EPD in compliance
with the permit requirements must be presented to the Community Development
Director prior to the issuance of any land-disturbance permit.
Section 10: Inspection and Enforcement of Article.
(a) The Community Development Director will periodically inspect the sites of land-
disturbing activities for which permits have been issued to determine if the activities
are being conducted in accordance with the approved plan, permit and this article
and to determine if the measures required in the plan are effective in controlling soil
erosion and sedimentation. Also, the City of Milton shall regulate both primary and
secondary permittees as such terms are defined in the state general permit. Primary
permittees shall be responsible for installation and maintenance of best management
practices where the primary permittee is conducting land-disturbing activities.
Secondary permittees shall be responsible for installation and maintenance of best
management practices where the secondary permittee is conducting land-disturbing
activities. If, through inspection, it is deemed that a person engaged in land
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(see Section 6 (c) or his
representative as approved by the
Manager shall ensure,
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have been installed.
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Deleted: after inspection, and a
written report with a summary of
corrective measures taken shall be
submitted to the Manager within three
days after inspection. This report shall
be the responsibility of the owner or
developer and shall be prepared by a
professional licensed to practice such
activity within Georgia, as stipulated
in the City of Milton Soil Erosion and
Sediment Control Administrative
Guidelines. The report shall record
the quality and progress of the work
required to show full compliance with
the provisions of this article, including
compliance with or adherence to
vegetative practices. In order to
ensure full compliance with the
approved construction plans, final
approval will be withheld until as-built
drawings, prepared by a professional
engineer or land surveyor licensed to
practice such work in Georgia, have
been submitted and accepted by the
Manager
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Page 88 of 103
disturbing activities as defined herein has failed to comply with the approved plan,
with permit conditions, or with the provisions of this article, an official notice shall be
posted on-site, and as a courtesy a written notice to comply shall also be served
upon that person, except for working without a permit or working under a stop work
order, which warrant immediate citation(s). The notice shall set forth the measures
necessary to achieve compliance and shall state the time within which such
measures must be completed. If the person engaged in the land-disturbing activity
fails to comply with the corrective measures specified in the posted official notice
within the time specified, he or she shall be found in violation of this article, and the
Community Development Director may take such additional enforcement actions as
he/she deems appropriate.
(b) The Community Development Director shall have the power to conduct such
investigation as the Community Development Director may deem reasonably
necessary to carry out duties as prescribed in this article, and for this purpose shall
have the power to enter at reasonable times upon any property, public or private, for
the purposes of investigation and inspection of the sites of land disturbance or
building activities.
(c) No person shall refuse entry or access to any authorized representative or agent of
the City of Milton, the Commission, the District, or Division who requests entry for the
purposes of inspection, and who presents appropriate credentials, not shall any
person obstruct, hamper, or interfere with any such representative while in the
process of carrying out his official duties including, but not limited to, the review of
reports, studies, calculations, drawings, revisions, practices, actions and bonds.
(d) A copy of a current approved plan shall be kept on site until project completion or
issuance of certificate of occupancy.
(e) The District or the Commission or both shall periodically review the actions of
counties and municipalities which have been certified as Local Issuing Authorities
pursuant to O.C.G.A-12-7-8 (a). The Districts or the Commission, or both, may
provide technical assistance to any county or municipality for the purpose of
improving the effectiveness of the counties or municipality's erosion and
sedimentation control program. The District or the Commission shall notify the
Division and request investigation by the Division if any deficient or ineffective legal
program is found.
(f) The Board shall promulgate rules and regulations setting forth the requirements and
standards for certification and the procedures for decertification of a local issuing
authority. The Division may periodically review the actions of counties and
municipalities which have been certified as Local Issuing Authorities pursuant to
Code Section 12-7-8 (a). Such review may include, but shall not be limited to, review
of the administration and enforcement of a governing authority's ordinance and
review of conformance with an agreement, if any, between the district and the
governing authority. If such review indicates that the governing authority of any
county or municipality certified pursuant to G.C.G.A. 12-7-8 (a) has not administered
or enforced its ordinances or has not conducted the program in accordance with any
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agreement entered into pursuant to O.C.G.-12-7-7 (e), 14 the Division shall notify the
governing authority of the county or municipality in writing. The governing authority of
any county or municipality so notified shall have 30 days within which to take the
necessary corrective action to retain certification as a Local Issuing Authority. If the
county or municipality does not take necessary corrective action within 30 days after
notification by the division, the division may revoke the certification of the county or
municipality as a Local issuing Authority.
Section 11: Penalties and Incentives.
(a) Failure to obtain a permit for land-disturbing activity. If any person commences any
land disturbing activity requiring a land-disturbing permit, as prescribed in this article,
without first obtaining said permit, the person shall be subject to revocation of his
business license, work permit, or other authorization to conduct any business and
associated work activities within the jurisdictional boundaries of Milton. Failure to
comply may result in a citation being issued to appear in state magistrate court which
may result in monetary fines.
(b) Stop Work Orders and Notice to Comply.
(i) For the first and second violations of the provisions of this article, the
Community Development Director or the EPD Director shall post an official
notice to comply and as a courtesy issue a written letter. The violator shall
have five days to correct the violation. If the violation is not corrected within
five days, the Community Development Director or the EPD Director shall
issue a stop-work order requiring the land-disturbance activity be stopped
until necessary corrective action or mitigation has occurred; provided,
however, that, if the violation presents an imminent threat to public health or
waters of the state or if the land-disturbing activities are conducted without
obtaining the necessary permit, the Community Development Director or the
EPD Director shall issue an immediate stop-work order in lieu of notice to
comply. For the third and each subsequent violation, the Community
Development Director or the EPD Director shall issue an immediate stop-
work order.
(ii) All stop-work orders shall be in effective immediately upon issuance and shall
be in effect until the necessary corrective action or mitigation has occurred.
(iii) It shall be unlawful for any representative of the owner to remove an official
Notice to Comply or Stop Work posting. If this action is observed by a city
representative, the owner will be responsible for any and all possible fines.
Upon issuance of a stop work order, the Community Development Director or
representative shall post official notice at such locations on the project site as
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deemed appropriate. Such posted official notice(s) shall be prominently
displayed on the owner’s property until the stop work order is rescinded by
the Community Development Director, at which time said posted notice(s) will
be removed by the Community Development Director or representative.
When a violation in the form of taking action without a permit, failure to
maintain a stream buffer, or significant amounts of sediment, as determined
by Community Development Director or the EPD Director or his or her
designee, have been or are being discharged into state waters and where
best management practices have not been properly designed, installed, and
maintained, a stop work order shall be issued by the Director or his or her
designee. All such stop work orders shall be effective immediately upon
issuance and shall be in effect until the necessary corrective action or
mitigation has occurred. Such stop work orders shall apply to all land-
disturbing activity on the site with the exception of the installation and
maintenance of temporary or permanent erosion and sediment controls.
(c) The Community Development Director shall assess a minimum $50.00 Reinspection
Fee to a project if a reinspection is requested prior to the end of a compliance period
and the site is found to remain out of compliance upon that inspection. Such fees (to
cover administrative, field inspections, and transportation costs) must be satisfied
prior to the issuance of a final erosion inspection or a certificate of occupancy.
(d) Bond Forfeiture. If, through inspection, it is determined that a person engaged in land
disturbing activities has failed to comply with the approved plan and permit, an
official notice to comply shall be posted on-site and a letter will be issued as a
courtesy. The notice shall set forth the measures necessary to achieve compliance
with the plan and shall state the time within which such measures must be
completed. If the person engaged in the land disturbing activity fails to comply within
the time specified, he shall be deemed in violation of this article and, in addition to
other penalties, shall be deemed to have forfeited his performance bond, if required
to post one under the provisions of Section 6 (b)(vii). The City of Milton may call the
bond or any part thereof to be forfeited and may use the proceeds to hire a
contractor to stabilize the site and bring it into compliance.
(e) Non-Compliance. Non-Compliance with this article shall be dealt with as
follows:
Any person found to be in non-compliance with any provision of this article shall be
served official notice by the Community Development Department. The offender
shall, within the period of time stated in the notice, take all necessary action to gain
compliance and shall permanently cease such noncompliance.
(f) Monetary Penalties. Any person who violates any provisions of this ordinance, or any
permit condition or limitation established pursuant to this article or who negligently or
intentionally fails or refuses to comply with any final or emergency order of the EPD
Director issued as provided in this article shall be liable for a civil penalty not to
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exceed $2,500.00 per day for each violation. Notwithstanding any limitation of law as
to penalties which can be assessed for violations of city ordinances, any magistrate
court or any other court of competent jurisdiction trying cases brought as violations of
this article shall be authorized to impose penalties for such violations not to exceed
$2,500.00 for each violation. Each day during which violation or failure or refusal to
comply continues shall be a separate violation.
(i) The following minimum penalties shall be imposed:
− Conducting land-disturbance activities without a land-disturbance permit or
building permit (first offense)–$250.00 for each violation or each day on which
a violation exists.
− Conducting land-disturbance activities without a land-disturbance permit or
building permit (second or subsequent offense)–$1,000.00 for each violation
or each day on which a violation exists.
− Lack of proper installation or maintenance of structural/vegetative best
management practices–$250.00 per violation.
− Working under a Stop Work Order (first offense)–$500.00.
− Working under a Stop Work Order (second or subsequent offense)–
$1,500.00.
(ii) Upon violation of the provisions of this article, Milton shall be entitled to take
such remedial action as the Community Development Director deems
necessary to ensure compliance, and the violator shall reimburse Milton for
any cost or expense associated with such compliance efforts and Milton shall
be entitled to place a lien on the property to secure payment and
reimbursement for these expenses.
(iii) The Community Development Director has the primary responsibility for the
enforcement of this article.
(iv) Persons designated by the Community Development Director are hereby
authorized to issue official notices, citations, and/or summons charging
violations under this article, returnable to the State or Municipal Court of
Milton, or any other court of competent jurisdiction.
Section 12: Education and Certification
After December 31, 2006, all persons involved in land development design, review,
permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet
the education and training certification requirements, dependent on their level of
involvement with the process, as developed by the Commission in consultation with the
division and the stakeholder advisory board created pursuant to O.C.G.A. 12-7-20.
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Section 13: Administrative Appeal; Judicial Review.
(a) Administrative remedies. The issuance of a stop work order, as well as the
suspension, revocation, modification, or grant with condition of a permit by the City of
Milton upon finding that the holder is not in compliance with the approved erosion
and sediment control plan; or that the holder is in violation of permit conditions; or
that the holder is in violation of this article shall entitle the person submitting the plan
or holding the permit to a hearing before the Milton Construction Board of Appeals
within 45 days after receipt by the Director of written request for appeal.
(b) Judicial review. Any person aggrieved by a decision or order of the City of Milton,
after exhausting his administrative remedies, shall have the right to appeal de novo
to the Superior Court of Fulton County.
Section 14: Effectivity, Validity, and Liability.
(a) This ordinance shall become effective on the first day of December, 2006.
(b) Validity. If any section, paragraph, clause, phrase, or provision of this article shall be
adjudged invalid or held unconstitutional, such decisions shall not affect the validity
of remaining portions of this Article.
(c) Liability.
(i) Neither the approval of a plan under the provisions of this article, nor the
compliance with provisions of this article, shall relieve any person from
responsibility for damage to any person or property otherwise imposed by law
nor impose any liability upon Milton, the District or their officers, employees or
agents for damage to any person or property.
(ii) The fact that a land disturbing activity for which a permit has been issued
results in injury to the property of another shall neither constitute proof of nor
create a presumption of a violation of the standards provided for in this article
or the terms of the permit.
(iii) No provision of this ordinance shall permit any person to violate the Georgia
Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control
Act or the rules and regulations promulgated and approved thereunder or
pollute any Waters of the State as defined thereby.
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Article 8: Tree Preservation
Section 1: Purpose
(a) The purpose of this ordinance is to cultivate and encourage a high level of tree
preservation, to promote the general provisions within this ordinance, and to develop
detailed provisions within the administrative guidelines in order to implement the
regulations set forth to preserve, maintain, and replant trees within the City of Milton,
Georgia. The intent of the Ordinance and Administrative Guidelines is to provide
standards for the preservation of trees as part of the land development, building
construction and timber harvest processes. It is not the intent of this ordinance to
regulate individual properties where activities do not require a land disturbance,
building permit.
(b) Benefits to citizens derived from tree protection and replanting include:
(i) Improved control of soil erosion.
(ii) Moderation of storm water runoff and improved water quality.
(iii) Interception of airborne particulate matter and the reduction of some air
pollutants.
(iv) Enhanced habitat for desirable wildlife.
(v) Reduction of noise and glare.
(vi) Climate moderation.
(vii) Aesthetics and scenic amenity.
(viii) Increased property value.
Section 2: Authority and Applicability
(a) The Administrative Guidelines referenced in this Article are hereby adopted by the
City of Milton, copies have been, and are now on file in the office of the Clerk of the
City of Milton, and the same are incorporated herein as if set out in full, and the
provisions of the same shall be controlling.
(b) Terms and provisions of the Tree Preservation Ordinance and the Administrative
Guidelines established herein, shall apply to all activity which requires the issuance
of a land disturbance permit on any real property within the City of Milton. No land
disturbance permit shall be issued by the City of Milton Community Development
Department or any successor to that Department, without it being determined that
the proposed development is in conformance with the provisions of these
regulations.
(c) The terms and provisions of these regulations shall also apply to construction of new
single family detached and duplex dwellings, including additions, renovations and/or
alterations to existing single family detached and duplex dwellings.
(d) The terms and provisions of these regulations shall also apply to timber harvesting
activities.
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Section 3: Definitions
All words in these standards have their customary dictionary definitions except as
specifically defined herein. The words “shall” and “must” are mandatory, and the words
“may” and “should” are permissive.
Administrative Guidelines: Those certain guidelines, including any Appendices,
existing or as future amended, incorporated by reference into the Tree Preservation
Ordinance of the City of Milton, Code of Milton, Georgia, Article 8, et. seq., which
have been adopted by the City Council of the City of Milton from time to time to
provide standards for the protection, preservation, and replacement of trees, and
which are regulated and enforced by the City Arborist in conjunction with the
Community Development Department or its designated agent(s) through
development and construction permits and processes. Copies of the same are kept
on file in the office of the Clerk of the City of Milton and available for public inspection
during business hours.MiltonMiltonMilton
Agent(s), designated or authorized: an individual or entity authorized to administer and
enforce the standards set forth in the City of Milton Tree Preservation Ordinance and
Administrative Guidelines.
Buildable Area: The portion of a parcel of land where a building may be located and which
shall contain enough square footage to meet the minimum required by the zoning district.
That portion which is not located in the minimum setbacks, utility corridors, driveways,
slopes to build streets, tree save areas, landscape strips, specimen tree areas, state water
buffer, tributary buffers, zoning buffers, wetlands, storm water and sanitary sewer
easements.
Buffer:
(a) State Waters Buffer: An area along the course of any State waters to be maintained
in an undisturbed and natural condition.
(b) Tributary Buffer: A protection area adjoining the tributaries of the Chattahoochee
River. Tributary buffer specifications are contained in Part D. of each prospective
land use section of the City of Milton Tree Preservation Ordinance and
Administrative Guidelines.
(c) Zoning Buffer: A natural undisturbed portion of a lot, except for approved access and
utility crossings, which is set aside to achieve a visual barrier between the use on the
lot and adjacent lots and/or uses. Buffer is achieved with natural vegetation and must
be replanted subject to the approval of the Director of the Community Development
Department or his/her designated agent(s) when sparsely vegetated. Cleaning of
undergrowth from a buffer is prohibited except when accomplished under the
supervision of the Director of the Community Development Department or his/her
designee.
Caliper: The standard for trunk measurements of nursery stocks. Caliper of the trunk shall
be taken 6 inches above the ground for up to and including 4-inch caliper size and 12 inches
above the ground for larger sizes.
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Cambium: Tissue within the woody portion of trees and shrubs which gives rise to the woody
water and nutrient conducting system and the energy substrate transport system in trees.
Cambium growth activity results in a tree’s radial development, i.e., increase in diameter.
Cambial Dieback: The irreparable radial or vertical interruption of a tree’s cambium, usually
caused by mechanical damage, such as “skinning bark” or from excessive heat.
Clear Cutting: The removal of all trees from a property, whether by cutting or other means,
excluding stream buffer requirements.
Coniferous: Belonging to the group of cone-bearing evergreen trees or shrubs.
City Arborist: The agent(s) of the City of Milton assigned to the Community Development
Department and having the primary responsibilities of administration and enforcement of the
Tree Preservation Ordinance.
Critical Root Zone: The area of tree roots within the crown dripline. This zone is generally
defined as a circle with a radius extending from a tree’s trunk to a point no less than the
furthest crown dripline. Disturbances within this zone will directly affect a tree’s chance for
survival.
Crown Drip Line: A vertical line extending down to the ground from the end of a tree’s
longest branches.
Deciduous: Not persistent; the shedding of leaves annually.
D.B.H.: Diameter-at-breast-height is a standard measure of tree size, (for trees existing on
site) and is a tree trunk diameter measured in inches at a height of 4 ½ feet above the
ground. If a tree splits into multiple trunks below 4 ½ feet, refer to chart in Appendix I.
Density Factor for the Site (DFS): A unit of measure used to prescribe and calculate
required tree coverage on a site. Unit measurements are based upon tree size.
(a) Site acreage multiplied by (15) for Agricultural Districts = DFS.
(b) Site acreage multiplied by (20) for Single Family Residential Districts = DFS.
(c) Site acreage multiplied by (30) for Commercial Districts and all other Non-Single Family
Districts = (DFS).
Director: Director of Community Development Department.
Erosion and Sedimentation Control Ordinance: The ordinance adopted by the City that
regulates soil erosion and its transportation to the City’s lakes, rivers, and streams (latest
revision).
Improvement Setback: An area adjacent to a zoning buffer in which no improvements and/
or structures shall be constructed. No development activity such as tree removal, stump
removal or grinding, land disturbance or grading is permitted without the approval of the
Director of the Community Development Department or his/her designee.
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Land Disturbing Activity: Any activity which may result in soil erosion from water or wind and
movement of sediments into state water or onto lands within the state, including, but not
limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not
including agricultural practices as described in the City of Milton Soil Erosion and
Sedimentation Control Ordinance.
Land Disturbance Permit: A permit issued by the Community Development Department that
authorizes the commencement of alteration or development of a given tract of land or the
commencement of any land disturbing activity.
Landscape Plan: A plan that identifies areas of tree preservation and methods of tree
protection within the protected zone, as well as all areas of replanting. Within replanting
areas, the common and botanical names of the proposed species, the number of plants of
each species, the size of all plant materials, the proposed location of all plant materials, and
any unique features of the plant materials shall be indicated.
Landscape Strip: An area required by this ordinance, by the City of Milton Zoning
Ordinance, or any condition of zoning, use permit or variance approval, which is reserved for
the installation and/or maintenance of plant materials.
Minimum Setback: The minimum yards as specified in the regulations related to the zoning
districts or use permit categories. A minimum required space between a property line and a
structure. An area identified by a building line.
Protected Zone: Includes but is not limited to the following:
(a) Critical root zone plus an additional 3 feet; all areas of a parcel required to remain in
open space;
(b) All areas required as landscape strips and/or buffers (including zoning buffers, state
water buffers, and tributary buffers);
(c) Tree save areas according to provisions of the City of Milton Zoning Ordinance,
conditions of zoning, use permit or variance approval, and/or the Tree Preservation
Ordinance and Administrative Guidelines.
Revegetation: The replacement of trees and landscape plant materials to satisfy the
minimum tree density and landscape requirements, as determined by the City of Milton
Zoning Ordinance, condition of zoning, use permit or variance approval, or the Tree
Preservation Ordinance and Administrative Guidelines.
Roots:
(a) Feeder Roots: A complex system of small annual roots growing outward and
predominantly upward from the system of “transport roots”. These roots branch four
or more times to form fans or mats of thousands of fine, short, non-woody tips. Many
of these small roots and their multiple tips are 0.2 to 1 mm or less in diameter and
less than 1 to 2 mm long. These roots constitute the major fraction of a tree’s root
system surface area and are the primary sites of absorption of water and nutrients.
(b) Major Woody Roots: First order tree roots originating at the “root collar” and growing
horizontally in the soil to a distance of between 3 and 15 feet from the tree’s trunk.
These roots branch and decrease in diameter to give rise to “rope roots”. The
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primary functions of major woody roots include anchorage, structural support, the
storage of food reserves, and the transport of minerals and nutrients.
(c) Rope Roots: An extensive network of woody second order roots arising from major
woody roots, occurring within the surface 12 to 18 inches of local soils, and with an
average size ranging from .25 to 1 inch in diameter. The primary function of rope
roots is the transport of water and nutrients and the storage of food reserves.
(d) Transport Roots: The system or framework of tree roots comprised of major woody
roots and rope roots.
Root Collar: The point of attachment of major woody roots to the tree trunk, usually at or
near the groundline and associated with a marked swelling of the tree trunk.
Root Respiration: An active process occurring throughout the feeder root system of trees
and involving the consumption of oxygen and sugars with the release of energy and carbon-
dioxide. Root respiration facilitates the uptake and transport of minerals and nutrients
essential for tree survival.
Setback: A space between a property line and the line to which a building or specified
structure may be constructed.
Soil Compaction: A change in soil physical properties which includes an increase in
soilweight per unit volume and a decrease in soil pore space. Soil compaction is caused by
repeated vibrations, frequent traffic and weight. As related to tree roots, compacted soil can
cause physical root damage, a decrease in soil oxygen levels with an increase in toxic
gasses, and can be impervious to new root development.
State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds,
drainage systems, springs, wells, and other bodies of surface or subsurface water, natural
or artificial, lying within or forming a part of the boundaries of the State which are not entirely
confined and retained completely upon the property of a single individual, partnership, or
corporation.
Thinning: Selective cutting or removal of timber. The basal unit of (30) units per acre for
Commercial Districts and all other non single family districts; (20) units per acre for Single
Family Residential Districts; (15) units per acre for Agricultural Districts shall be maintained
after selective cutting, or removal of timber has occurred.
Timber Harvesting: The felling of timber products (pulp wood, etc). The term “timber
harvesting” may include both clear cutting and thinning of timber.
Tree:
(a) Tree: Any self supporting woody perennial plant which has a trunk diameter of 2
inches or more measured at a point 6 inches above the ground level and which
normally obtains a height of at least 10 feet at maturity, usually with one main stem
or trunk and many branches.
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(b) Heritage Tree: A tree which is designated upon approval by the Director of the
Community Development Department or his/her designee to be of notable historical
value or interest because of its age, size, or historical association.
(c) Specimen Tree: Any tree which has been determined by the City Arborist to be of
high value because of its type, size, age, or other professional criteria, and has been
so designated according to administrative standards established by the Community
Development Department.
(d) Stand of Specimen Trees: A contiguous grouping of trees which has been
determined to be of value by the Director of the Community Development
Department or authorized designee(s).
(i) A relatively mature even aged stand.
(ii) A stand with purity of species composition or of a rare or unusual nature.
(iii) A stand of historical significance.
(iv) A stand with exceptional aesthetic quality.
Tree Bank: A site such as a school or public park, where the owner/developer shall donate
and plant the required trees when it is not feasible to plant the required trees within their
site’s project area.
Tree Preservation Ordinance: This Ordinance, approved and adopted by the City Council of
the City of Milton to provide standards for the protection, preservation and replacement of
trees regulated and enforced by the City Arborist in conjunction with the Department of
Community Development or designated agent(s) through development and construction
permits and processes.
Tree Save Area: All areas designated for the purpose of meeting tree density requirements,
saving specimen trees, and/or preserving natural buffers.
Tributary: Any perennial stream (or portion thereof) within the affected area that is portrayed
as a solid blue line on the United States Geological Survey 7.5 Quadrangle Maps, 1968
edition, or other perennial streams as identified by the City of Milton.
Wetlands: Those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bog, and similar areas.
Zoning Regulations: The Zoning Ordinance of the City of Milton as amended or such
regulations subsequently adopted by the City Council inclusive of conditions of zoning, use
permit or variance approval established pursuant thereto.
All other terms: All other words or phrases as appropriate to the context of their uses shall
be interpreted as defined in the Zoning Regulations.
Section 4: Permit Procedures
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(a) All applications for a Land Disturbance Permit shall provide a landscape plan and
other documentation as required and as applicable for all areas of the tract of land
within a protected zone. All applications and required supplemental information shall
be submitted to the Director of the Community Development Department.
(b) All landscape plans and related documentation shall be reviewed by the City Arborist
for conformance to the provisions of these regulations and either approved, returned
for revisions, or denied within 30 days of receipt. If denied or returned for revisions
the reasons for denial or revision shall be annotated on the landscape plan or stated
in writing.
(c) Issuance of a valid Land Disturbance Permit shall constitute an approval of the
required landscape plan and shall indicate conformance to the provisions of these
regulations.
(d) For issuance of any residential building permit, applicant must sign and agree to
abide by the Residential Erosion & Sedimentation Control Tree Protection
Agreement, (see Appendix H. to the Administrative Guidelines). This shall also apply
to parcels upon which a land disturbance permit has been previously issued with a
tree protection plan approved by the City Arborist. The Director of the Community
Development Department, or his/her designee, is authorized to execute such
Agreements on behalf of the City of Milton.
(e) For issuance of a Timber Harvesting Permit, applicant agrees to maintain a 25-foot
undisturbed buffer along the entire perimeter of the property. This buffer must be
maintained for the duration of the timber harvesting activity.
Section 5: Removal of Tree(s)
(a) If the owner/developer proposes to remove any tree(s) in the protected zone, then
the owner/developer must document a hardship such as but not limited to economic
or zoning restrictions and submit it as part of the application for a Land Disturbance
Permit. The application shall be subject to the approval of the Director of the
Community Development Department, or his/her designee before any trees are to be
removed from the site. Nothing in these regulations shall be construed to allow the
removal of vegetation in a natural, undisturbed buffer required by the Zoning
Ordinance.
(b) When no trees are present in the protected zone or when disturbance of any portion
of the protected zone is approved, it shall be the responsibility of the
owner/developer to revegetate said areas (in which improvements are not
constructed) with trees or other plant materials subject to zoning regulations or, in
lieu thereof, administrative standards established by the Community Development
Department.
(c) Not withstanding any of the other requirements of these regulations, it shall be
unlawful to remove a specimen tree without the express written permission of the
City Arborist or authorized agent(s). Administrative standards have been established
by the Director of the Community Development Department for the identification,
preservation and protection of specimen trees.
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Section 6: Violations
Citations for any of the following violations, by authorized City of Milton enforcement
agent(s) may constitute issuance of an immediate stop work order.
(a) Land disturbance and/or tree removal within state water, tributary, or zoning
buffer(s).
(b) Land disturbance and/or tree removal within tree save area(s).
(c) Illegal removal or disturbance of specimen tree, heritage tree or stand of trees.
(d) Improper installation of tree fencing.
(e) Other violations of any provision(s) of this Ordinance or the Administrative Guidelines
established pursuant thereto, including Appendices.
Section 7: Enforcement
(a) It shall be the duty of the Director of the Community Development Department and
designated agent(s) to enforce this Ordinance and Administrative Guidelines. The
Community Development Department and designated agent(s) shall have the
authority to modify, revoke, suspend, or void any Land Disturbance Permit and shall
have the authority to suspend all work on a site or any portion thereof.
(b) The Director of the Community Development Department and designated agent(s)
shall serve as the issuing authority and shall have the power to withhold all permits,
including, but not limited to, final certificates of occupancy, building permits and all
permits on the subject site until it is determined by the issuing authority that the site
complies with this ordinance and the provisions of the formal plan approved by the
city.
Section 8: Inspections
(a) The Community Development Department is the issuing authority and may cause
inspection of compliance to be made periodically by its designated agent(s) during
the course of the project and shall make a final inspection following the completion of
the work. Applicants shall cooperate with the issuing authority in conducting such
inspections.
(b) The Community Development Department shall have the power to conduct such
investigations as it may reasonably deem necessary to carry out its duties as
prescribed in this Ordinance and Administrative Guidelines, including but not limited
to the power to enter at reasonable times upon any property, public or private, for the
purpose of investigating and inspecting the sites of any land disturbing or tree
removal activities.
(c) The Director of the Community Development Department is authorized to design and
implement an inspection program involving private inspectors acceptable to the
Department.
(d) No person shall refuse entry or access to any authorized representative or agent who
requests entry for the purpose of inspection and who presents appropriate
identification, nor shall any person obstruct, hamper or interfere with any such
representative while in the process of carrying out his official duties.
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Section 9: Notice of Violation
(a) If, through inspection, it is determined that a person, firm, or corporation has 1.)
engaged in land disturbing or other activities, which have resulted in the removal of
trees; or 2.) failed to comply with the terms and conditions of a validly issued permit,
then a written notice of violation shall be served upon the property owner or the
agent of record.
(b) Where a person, firm, or corporation has engaged in land disturbing or tree removal
activities without having first secured a permit therefore in violation of this Ordinance
and Administrative Guidelines, notices under the provisions of this section may be
served upon the person in charge or any person representing the person in charge
on the site. All construction and land disturbance activity shall be discontinued until
the necessary measures to achieve compliance have been fulfilled.
(c) The notice shall set forth the measures necessary to achieve compliance with the
permit and shall state the time within which such measures must be completed.
(d) If the person, firm, or corporation engaged in land disturbing activity fails to comply
within the time specified, he/she shall be subject to citation for violation of this
Ordinance and Administrative Guidelines.
Section 10: Stop Work Orders
(a) Upon notice from the Director of the Community Development Department, work on
any project that is being done contrary to the provisions of this Ordinance and
Administrative Guidelines shall be immediately stopped, until such time that the
violation has been remedied to the satisfaction of the Director of the Community
Development Department. Prior to remediation a plan shall be submitted to and
approved by the City Arborist.
(b) Such Notice:
(i) shall be in writing.
(ii) shall state the specific violation(s).
(iii) shall be given to the applicant, owner, the authorized agent of either, or
theperson in charge, or any person representing the person in charge of
theactivity on the subject property.
(iv) shall state the conditions under which work may be resumed.
(v) where an emergency exists, no written notice shall be required.
(vi) shall allow only erosion control work to continue while stop work is in effect
Section 11: Modification, Revocation, Suspension, Voidance of Permit
A land disturbance permit and/or other permit(s) required by this Ordinance and
Administrative Guidelines may be modified, revoked, suspended, or voided by the Director
of the Community Development Department upon finding that the holder is in violation of the
terms of the permit or any portion of this Ordinance and Administrative Guidelines.
Section 12: Bonding
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The Director of the Community Development Department will evaluate all development
projects (excluding timber harvesting) requesting property clear cutting. If upon completion
of the site evaluation, the Community Development Department deems it appropriate to
allow property clear cutting activities, a bond will be required. The bond will be required by
the City of Milton as a mechanism to cover any potential cost associated with revegetation
of the clear-cut property in the event of property abandonment.
The required bond amount will be 125 percent (%) of the total cost for replanting trees to
satisfy the density standards for the project site. A tree replacement cost obtained from a
plant nursery will be provided to Director of the Community Development Department with
the clear-cut request and the bond amount will be based on the tree replacement cost.
The Director of the Community Development Department reserves the right to request
additional replacement cost if deemed appropriate. The Director of the Community
Development Department will hold the bond until the project activity, including tree
replacement to satisfy the site density requirements, is completed. If upon issuing the land
disturbance permit, the property is clear cut and there are no construction or development
activities conducted within six (6) months, The Director of the Community Development
Department will attempt to contact the property owner (via certified mail) for a project
update. Should the property owner not respond within thirty (30) days of receipt of the
status request, the bond will be used to revegetate the project site.
Section 13: Fines and Penalties
(a) Any person, firm, corporation or other entity violating any of the provisions of this
Ordinance shall be liable for a fine of up to a maximum $1000.00 per violation per
day. Each calendar day a violation exists shall be considered a separate offense.
There are no maximum limitations to the accrual of fines.
(b) Each owner of any property wherein a violation exists shall be jointly and severally
responsible for said violations. Each offense will be tried in the Municipal Court of
Milton.
Section 14: Appeals
(a) Any person aggrieved or affected by any decision of the City Arborist relating to the
application of these regulations may file an appeal within thirty (30) days of the
decision with the Director of the Community Development Department for relief or
reconsideration.
(b) Any person aggrieved or affected by any decision of the Director of the Department
of Community Development relating to the application of these regulations may file
an appeal within 30 days of the decision with the Mayor and City Council (until such
time as the Board of Zoning Appeals is established) and the Board of Zoning
Appeals once established by the Mayor and City Council. The appeal shall be made
through the Director of Community Development.
(c) Appeals shall only be granted for errors of interpretation or where the unique natural
features of the site are such that application of these regulations would create an
undue hardship to the property owner, and in other instances where an undue
hardship is created for the owner of the property.
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Section 15: Validity
Should any section or provision of this Ordinance, or its accompanying Administrative
Guidelines, be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the Ordinance in whole or any part thereof other than the part so
declared invalid.
Formatted: Font: (Default) Arial
PETITION NUMBER(S):
ZM08-06/VC08-06
PROPERTY INFORMATION
ADDRESS 765 & 785 Mid-Broadwell Road
DISTRICT, LAND LOT 2/2, 1134
OVERLAY DISTRICT Crabapple Crossroads
EXISTING ZONING C-1 (Community Business) Z05-072/VC05-160
EXISTING USE Retail (1,673 sq. ft.)
PROPOSED USE Retail (12,800 sq. ft.)
PETITIONER Sally Rich-Kolb
ADDRESS 765 & 785 Mid-Broadwell Road
PHONE 770-448-3860
APPLICANT’S REQUEST:
1) To modify Condition 2.a. of Z05-072 to revise the site plan; 2) To delete condition
4.b. to remove the requirement that the owner dedicate to Fulton County (City of
Milton) the necessary right-of-way to provide a connector road from Broadwell
Road to Mid-Broadwell Road prior to attaining an LDP, or as may be approved by
the Director of Public Works; and 3) To request a concurrent variance to reduce
parking from 58 to 39 spaces (Article 18.2.1).
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
ZM08-06 – Condition 2.a. to revise the Site Plan - APPROVAL CONDITIONAL
ZM08-06 – To delete Condition 4.b. - DENIAL
VC08-06 – To reduce parking from 58 to 39 spaces - APPROVAL CONDITIONAL
Prepared by the Community Development Department for the
Mayor and City Council Meeting October 20, 2008
Page 1 of 11
LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting October 20, 2008
Page 2 of 11
Revised Site Plan Received September 2, 2008
Prepared by the Community Development Department for the
Mayor and City Council Meeting October 20, 2008
Page 3 of 11
Site Plan Approved by Fulton County Board of Commission
December 7, 2005
Prepared by the Community Development Department for the
Mayor and City Council Meeting October 20, 2008
Page 4 of 11
Conditions to by modified:
2. To the owner’s agreement to abide by the following:
a. To the revised site plan received by the Department of Environment and
Community Development on September 23, 2005 Community Development
Department on September 2, 2008. Said site plan is conceptual only and
must meet or exceed the requirements of the Zoning Resolution Ordinance
and these conditions prior to the approval of a Land Disturbance Permit.
Unless otherwise noted herein, compliance with all conditions shall be in
place prior to the issuance of the first Certificate of Occupancy.
4. To the owner’s agreement to abide by the following traffic requirements,
dedications and improvements:
b. Dedicate to Fulton County the necessary right-of-way to provide a
connector road from Broadwell Road to Mid-Broadwell Road prior to
obtaining a Land Disturbance Permit or as may be approved by the Director
of the Department of Public Works. The location of the road is subject to the
approval of the Director of the Department of Public Works.
ANALYSIS AND RECOMMENDATIONS
The subject site is located on the western side of Mid-Broadwell Road in the Crabapple
Crossroads Overlay District near the intersection of Mid-Broadwell Road and Mayfield
Road. The site is zoned C-1 (Community Business) and is approved for the development of
12,800 square feet of retail, service commercial, office and accessory uses at a density of
9,411.77 square feet per acre, pursuant to 2005Z-072/2005VC-160 NFC. The applicant’s
submitted site plan shows a total of 12,800 square feet.
Deletion of Condition 4.b.
The existing Condition 4.b. of Z05-072, as approved by Fulton County on December 7,
2005 requires that the owner dedicate to Fulton County (City of Milton) the necessary
right-of-way to provide a connector road from Broadwell Road to Mid-Broadwell Road
prior to attaining an LDP, or as may be approved by the Director of Public Works.
The Crabapple Community Plan is a part of the City’s Comprehensive Plan and the
Transportation Master Plan. One goal of these planning studies is to create many
vehicular and pedestrian connection options around the Crabapple Crossroads.
The City currently has a programmed project and Federal funding with GDOT for a
Mayfield to Mid Broadwell connector road. The City will look at the Crabapple area as a
whole with the Comprehensive plan and the Transportation master plan and will evaluate
the scope of the GDOT project with these planning studies.
Prepared by the Community Development Department for the
Mayor and City Council Meeting October 20, 2008
Page 5 of 11
Road classifications are based upon access and mobility. The right-of-way is based upon
the road classification. A connector road at this location would provide mobility from Mid-
Broadwell to Broadwell as the primary function and access to properties as a minor
function. An alley is not an appropriate road classification for the purpose of this
connection.
Public Works provided to the applicant, a connector road layout and required right-of-
way dedication incorporating existing right-of-way dedicated by Davenport Commercial
property and using a portion of the community center property adjacent to an existing
utility easement on the community center property. This layout included the minimum
amount of right-of-way (50 feet) allowed based on classifications.
Public Works recommends that the condition remain and that the 50 feet right-of-way is
required. If at the completion of the Comprehensive plan and the Transportation master
plan, this location is not supported, the right-of-way could be deeded back to the owner.
PROPOSED ROAD LOCATION
Prepared by the Community Development Department for the
Mayor and City Council Meeting October 20, 2008
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PROPOSED RIGHT-OF-WAY
Based on above analysis, Staff recommends DENIAL to delete Condition 4.b. of Z05-072.
ZM08-06/VC08-06 – Revised Site Plan and Reduction in Parking Spaces (Article18. 2.1)
The applicant’s site plan indicates a total of 39 parking spaces. The City of Milton Zoning
Ordinance requires a total of 58 parking spaces (Article 18. 2.1). Staff notes that the
applicant is requesting a concurrent variance to reduce the required number of parking
spaces from 58 to 39 parking spaces. Based on the location of the required right-of-way
on the site which limits the area to locate the parking, by granting the relief would be in
harmony with the approved site plan by the Board of Commissioners and the general
purpose and intent of the Zoning Ordinance and the Crabapple Crossroads Plan.
Therefore, Staff recommends APPROVAL CONDITIONAL OF VC08-06.
The proposed site plan is consistent with the approved site plan pursuant to Z05-072 with
the same number of proposed buildings with similar locations. The most significant
Prepared by the Community Development Department for the
Mayor and City Council Meeting October 20, 2008
Page 7 of 11
change is the location and number of parking spaces based on the requirement to
provide right-of-way as discussed above. Therefore, Staff recommends that the request to
revise condition 2.a. be APPROVAL CONDITIONAL.
City Arborist
The site plan below depicts the specimen trees that will be affected on the site. They
include the following:
26” pine
29” pine
29” pine
They will need to recompense with 55 – 4” caliper hardwood trees.
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Mayor and City Council Meeting October 20, 2008
Page 8 of 11
TREE LOCATION MAP
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Mayor and City Council Meeting October 20, 2008
Page 9 of 11
CONCLUSION
Staff is of the opinion that the applicant’s request to reduce parking and revise the site
plan is in harmony with the development approved by the Board of Commissioners, as
well as with the general purpose and intent of the Zoning Ordinance. Therefore, Staff
recommends APPROVAL CONDITIONAL of ZM08-06 to modify Condition 2.a. and the
request to reduce parking, Concurrent Variance VC08-06. Based on Staff’s analysis
regarding the deletion of Condition 4.b, and that it would be inconsistent with the
Crabapple Crossroads Plan, Staff recommends DENIAL.
Prepared by the Community Development Department for the
Mayor and City Council Meeting October 20, 2008
Page 10 of 11
RECOMMENDED CONDITIONS
Should the Mayor and City of Council approve this petition, the Recommended
Conditions (Z05-072) should be revised to read as follows:
2. To the owner’s agreement to abide by the following:
a. To the revised site plan received by the Community Development
Department on September 2, 2008. Said site plan is conceptual only and
must meet or exceed the requirements of the Zoning Ordinance and these
conditions prior to the approval of a Land Disturbance Permit. Unless
otherwise noted herein, compliance with all conditions shall be in place prior
to the issuance of the first Certificate of Occupancy.
3. e. To provide 39 parking spaces (VC08-06)
Prepared by the Community Development Department for the
Mayor and City Council Meeting October 20, 2008
Page 11 of 11
Prepared by the Community Development Department
for the October 20, 2008, Milton City Council Meeting
Page 1 of 8
PETITION NUMBER(S):
ZM08-07
PROPERTY INFORMATION
ADDRESS 12659 Itaska Walk
DISTRICT, LAND LOT 2/2, 1136
OVERLAY DISTRICT Crabapple Crossroads
EXISTING ZONING MIX (RZ03-156)
EXISTING USE Single-family
PROPOSED USE Single-family
PETITIONER Denson McKoy
ADDRESS 12659 Itaska Walk
Milton, GA 30004
PHONE 770-778-2885
APPLICANT’S REQUEST:
1) To modify Condition 3.a. of RZ03-156 to reduce the side setback from 10 ft. to 4 ft
along the north property line and to reduce the rear setback (perimeter of
development) from 20 ft. to 8 ft.
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
ZM08-07 – APPROVAL CONDITIONAL
Prepared by the Community Development Department
for the October 20, 2008, Milton City Council Meeting
Page 2 of 8
LOCATION MAP
Prepared by the Community Development Department
for the October 20, 2008, Milton City Council Meeting
Page 3 of 8
Revised Site Plan Received September 4, 2008
Location of Storage
Shed
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for the October 20, 2008, Milton City Council Meeting
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Storage Building looking east
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for the October 20, 2008, Milton City Council Meeting
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Storage Building
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for the October 20, 2008, Milton City Council Meeting
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Condition to by modified:
3. To the owner’s agreement to the following site development considerations:
a. The minimum design are:
Perimeter Building Setbacks
40-foot setback along Crabapple Road
20-foot setback along remaining property lines, except 50-foot setback
along the northernmost property line adjacent to AG-1 (Agricultural) zoned
property except for lot #86 (12659 Itaska Walk) shall be 8 feet.
5 lots (in area designated as Rural Residential Use in Crabapple Crossroad
Plan)
Minimum lot size: 13,000 square feet
Minimum lot width at building line: 90 feet
Minimum front yard: 20 feet
Minimum side yard: 10 feet except for lot #86 (12659 Itaska Walk) shall be 4
feet.
Minimum side corner yard: 5 feet
Minimum rear yard: 15 feet with alley access, 7 feet with non-alley access
Minimum heated floor area: 2,500 square feet
Analysis and Recommendation
The applicant is requesting a reduction to the perimeter setback (rear) and the side yard
setback for a storage shed. There is a wooden privacy fence along all the interior
property lines. The adjacent property owner affected to the north (side yard) the most is
in support of the applicant’s request to reduce the setbacks. The property to the east is
designated as “open space” on the plat for Phase 3 of Crabapple Crossroads.
It appears that there is no negative impact on the adjacent property owners and that the
privacy fence provides additional screening of the building, Staff recommends APPROVAL
CONDITIONAL of ZM08-06.
Prepared by the Community Development Department
for the October 20, 2008, Milton City Council Meeting
Page 7 of 8
RECOMMENDED CONDITIONS
Should the Mayor and City of Council approve this petition, the Recommended
Conditions (Z03-156) should be revised to read as follows:
3. To the owner’s agreement to the following site development considerations:
a. The minimum design are:
Perimeter Building Setbacks
40-foot setback along Crabapple Road
20-foot setback along remaining property lines, except 50-foot setback
along the northernmost property line adjacent to AG-1 (Agricultural) zoned
property except for lot #86 (12659 Itaska Walk) shall be 8 feet.
5 lots (in area designated as Rural Residential Use in Crabapple Crossroad
Plan)
Minimum lot size: 13,000 square feet
Minimum lot width at building line: 90 feet
Minimum front yard: 20 feet
Minimum side yard: 10 feet except for lot #86 (12659 Itaska Walk) shall be 4
feet.
Minimum side corner yard: 5 feet
Minimum rear yard: 15 feet with alley access, 7 feet with non-alley access
Minimum heated floor area: 2,500 square feet
Prepared by the Community Development Department
for the October 20, 2008, Milton City Council Meeting
Page 8 of 8
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Alice Wakefield, Community Development Director
Date: September 25, 2008 for Submission onto the October 20, 2008, City Council
Meeting
Agenda Item: Text Amendments to Article 22, “Appeals” of the City of Milton Zoning Ordinance.
CMO (City Manager’s Office) Recommendation:
To review the attached text amendment to Article 22, “Appeal” of the City of Milton Zoning
Ordinance as recommended by the Mayor and City Council and the Board of Zoning Appeals.
Background:
At the June 9, 2008 Council work session, The Council heard a presentation from the City of
Milton Board of Zoning Appeals related to their recommendation for possible modifications to
Article 22, “Appeals” of the Zoning Ordinance and to Chapter 14, Development and
Environmental Protection within the Code of Ordinances as it relates to variance procedures.
The Mayor and City Council informally supported the recommendations and gave direction for
legal counsel and Staff to make the necessary ordinance changes for the Mayor and City
Council’s potential adoption.
Discussion:
The City Attorney outlined to the Community Development staff the issues recommended by the
Board of Zoning Appeals. They are as follows:
1. To allow the Mayor and City Council to hear and decide stream buffer variances when
they are concurrent with rezoning, use permit or modification request. (Page 22-1)
2. To allow the Mayor and City Council to hear and decide variances from any Zoning
Ordinance provision that involves more than 5 lots or more than 10% of lots in a
subdivision, which ever is greater. (Page 22-1)
3. To allow the Board of Zoning Appeals to hear and decide application for primary
variances from any Zoning Ordinance provision that involves up to 5 lots or up to ten
percent of the lots in a subdivision, whichever is greater. (Page 22-2)
4. To allow the Board of Zoning Appeals to hear and decide application for stream buffer
variances when they are not concurrent with a rezoning, use permit or modification
request. (Page 22-2)
5. Variance Considerations have been modified as recommended by the BZA at the work
session. (Page 22-4)
6. Deleted the original considerations for primary and concurrent variances that are heard
before the Mayor and City Council.(Page 22-5)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
7. To allow the Mayor and City Council to hear the request for more than 5 lots or 10
percent of the lots in a subdivision. (Page 22-5)
8. Under Concurrent Variances to be heard by the Mayor and City Council have the same
considerations as Chapter 14 of the Code of Ordinances mandates for stream buffer
variances. (Page 22-6)
9. Deleted “Expiration of Variance” (Page 22-14)
10. Deleted “Pay” for fees to be paid to the members of the Board of Zoning Appeals. (Page
22-14)
This item was on the Planning Commission Agenda on September 23, 2008 for their
recommendation. The Planning Commission voted unanimously to defer this item to allow more
time for review and as well as to review Chapter 14 of the City Code of Ordinances.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer this text amendment to
Article 22, “Appeals”.
Concurrent Review:
Chris Lagerbloom, Acting City Manager, Ken Jarrard, City Attorney
MILTON ZONING ORDINANCE
22-1
RZ08-09
ADOPTED BY THE CITY OF MILTON CITY COUNCIL
DECEMBER 21, 2006
ARTICLE XXII
APPEALS
22.1. PURPOSE.
The purpose of this article is to establish procedures for appealing the strict
application of regulations contained herein and conditions of zoning when those
regulations impose a hardship on the development of the property, and to provide for
interpretation of the text of this Ordinance and the Official Zoning Map. Appeals are
authorized herein to be considered by various bodies and individuals depending on
the type of appeal and its relationship to applications for Use Permits, Rezonings or
Chapter 14, Article 6, Section 5 of the Milton Land Development City Code.
Variances apply to the development standards and district standards per the Zoning
Ordinance or Land Development City Code. Modifications apply to the approved
conditions of zoning or use permit.
22.2. DECISION MAKING AUTHORITY.
The following are the powers and jurisdiction of the various decision makers and
administrative bodies.
22.2.1. MAYOR AND CITY COUNCIL The Mayor and City Council shall have the
following powers and duties under the provisions of this Zoning Ordinance:
A. To hear and decide applications for rezonings, use permits, and modifications
pursuant to Article 22 and Article 28;
B. To hear and decide applications for concurrent variances in conjunction with
applications for rezonings, use permits, and/or zoning modifications pursuant
to Article 22 and Article 28;
C. To hear and decide applications for stream buffer variances when the
applicant requests a rezoning, use permit and/or zoning modification
concurrently pursuant to Article 22 and Chapter 14, Article 6, Section 5 of
the Milton Land Development City Code and;
D. To hear and decide applications for variances from any Zoning Ordinance
provision that involves more than 5 lots or more than ten percent 10% of lots
in a subdivision, whichever is greater pursuant to Article 22;
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COMMISSIONERS (BOC).
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(BOC)
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MILTON ZONING ORDINANCE
22-2
RZ08-09
E. To initiate a modification of approved zoning conditions.
22.2.2. BOARD OF ZONING APPEALS (BZA). The Board of Zoning Appeals (BZA)
shall have the following powers and duties under the provisions of this Zoning
Ordinance:
A. To hear and decide applications for primary variance requests;
B. To hear and decide applications for primary variances from any Zoning
Ordinance provision that involves up to 5 lots or up to ten percent (10%) of
lots in a subdivision, whichever is greater.
C. To hear and decide applications for stream buffer variance requests
referenced in Chapter 14, Article 6, Section 5 of the Milton Land
Development Ordinance, that are not concurrent with a rezoning, use permit
or modification;
D.. To hear and decide appeals from the interpretation of any of the provisions of
this Ordinance by the Community Development Director in accordance with
Section 22.2.3.;
E. To hear and decide appeals when it is alleged that there is an error in any
order, requirement, decision, or determination made by any City of Milton
official in the enforcement of this Zoning Ordinance and;
F. To hear and decide appeals from a permitting or procedural decision of the
Department Director or Deputy Director regarding minor or administrative
variance requests.
22.2.3. DIRECTOR OF COMMUNITIY DEVELOPMENT , The Director of
Community Development shall have the following jurisdiction, power and duties
under the provisions of this Zoning Ordinance:
A. To determine the type of appeal application or land use process the property
owner/agent is required to apply for;
B. To consider and decide on minor variances to minimum yard requirements,
not to exceed ten percent of such requirement, as long as property owners
with standing do not object;
C. To consider and decide on administrative minor variances of no more than 1
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¶
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Environment and
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Environment and
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MILTON ZONING ORDINANCE
22-3
RZ08-09
foot;
D. To consider and decide on administrative variances;
E. To consider and decide on administrative modifications to conditions of
zoning;
F. To interpret the provisions of the Zoning Ordinance related to the following:
1. Inconsistent, vague or obscure language;
2. Provisions which are in conflict or are confusing; and
3. Conflicting or redundant procedural requirements; and.
G. To establish procedural requirements for review of appeal applications.
22.2.4. LIMITATION ON AUTHORITY. The authority and jurisdiction of Boards and
individuals as provided herein shall be limited as outlined in the following. In
exercising this jurisdiction, each hearing Board or individual shall have authority to
determine whether it has jurisdiction.
A. There shall be no variances to permitted uses or accessory uses as specified
in the zoning district regulations, administrative/use permit or zoning
conditions.
B. There shall be no variances to the minimum lot area nor the minimum district
size required in each zoning district.
C. There shall be no variances to the minimum lot frontage on a street as
required in designated zoning districts of the Zoning Ordinance.
D. There shall be no modification to increase the density or change the use
approved under the rezoning case.(Amended 05/05/04)
E. There shall be no modification to revise a site plan that, as determined by the
Director of Community Development results in a significant change in the
approved concept. Such a site plan revision shall require rezoning pursuant
to Article 28.
F. There shall be no relief or variance from the standards of Article 22 or
Article 28.
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Deleted: except to allow for the
development of a conservation
subdivision.
Deleted: the Department of
Environment and
Deleted: (E&CD)
MILTON ZONING ORDINANCE
22-4
RZ08-09
22.3. VARIANCES. A variance is a request for relief from the provisions of the Zoning
Ordinance. There are 6 types of variance applications. The type of variance
necessary shall be determined by the Director of Community Development. The
different types of appeals are listed below and described in the following sections:
1. Administrative Variance
2. Minor Variance/Administrative Minor Variance
3. Primary Variance
4. Secondary Variance
5. Interpretation
6. Concurrent Variance
22.3.1. VARIANCE CONSIDERATIONS. A variance must be based upon
credible evidence submitted at a public hearing before the Board of Zoning
Appeals, demonstrating the following;
A. The general purpose and intent of the Ordinance shall be observed;
and
B. There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict
application of the City's Ordinance would create an unnecessary
hardship due to size, shape or topography or other extraordinary and
exceptional situations or conditions; and
C. Such conditions are not the result of actions of the property owner;
and
D. These conditions existed at the time of the enactment of the
applicable Ordinance or Ordinances; and
E. Relief, if granted would not cause a substantial detriment to the
public good and surrounding properties; and
F. That the public safety, health and welfare are secured and that
substantial justice is done.
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Deleted: the Department of
Environment and
MILTON ZONING ORDINANCE
22-5
RZ08-09
22.4. ADMINISTRATIVE VARIANCE.
The Director Community Development is authorized by this Ordinance to consider
an Administrative Variance whenever a property owner maintains that a provision
contained in Article 34, DEVELOPMENT REGULATIONS, as applied to a specific
situation, is not in the best interest of the public health, safety and welfare; whenever
there is a request for the alteration of the 10 foot improvement setback required along
all buffers as required in the conditions of zoning and/or in Article 4.23.1
MINIMUM LANDSCAPE STRIPS AND BUFFERS; and whenever there is a
request up to a 10% reduction in the number of required parking spaces per Article
18.2.4, ADMINISTRATIVE REDUCTION OF SPACES
CONSTRUCTED.(Amended 12/1/99)
22.5. ADMINISTRATIVE MINOR VARIANCE.
The Director of Community Development may grant an Administrative Minor
Variance up to 1 foot from any minimum yard requirement.
22.6. MINOR VARIANCE.
The Director of Community Development may grant minor variances to minimum
yard requirements, not to exceed ten percent of such requirement, as long as no
objection has been submitted in writing to the Director of Community Development.
An appeal to a minor variance decision must be filed as a Secondary Variance
request.(Amended 12/1/99)
22.7. PRIMARY VARIANCE.
A request for a variance from any Zoning Ordinance provision that is not being
handled as a minor, administrative minor or concurrent variance and shall be heard
and decided by the Board of Zoning Appeals in accordance with Section 22.3.1.
22.7.1 PRIMARY VARIANCE HEARD BY THE MAYOR AND CITY COUNCIL.
A request for a variance from any Zoning Ordinance provision that involves more
than 5 lots or more than ten percent 10% of lots in a subdivision, whichever is
greater in accordance with section 22.3.1.
Deleted: Variances may be considered
in all districts. Primary variances and
concurrent variances shall only be
granted upon showing that:¶
¶
A.Relief, if granted, would be in
harmony with, or, could be made to be in
harmony with, the general purpose and
intent of the Zoning Resolution; or, ¶
¶
B.The application of the particular
provision of the Zoning Resolution to a
particular piece of property, due to
extraordinary and exceptional conditions
pertaining to that property because of its
size, shape, or topography, would create
an unnecessary hardship for the owner
while causing no detriment to the public;
or,¶
¶
C.Conditions resulting from existing
foliage or structures bring about a
hardship whereby a sign meeting
minimum letter size, square footage and
height requirements can not be read from
an adjoining public road.¶
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MILTON ZONING ORDINANCE
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22.8. SECONDARY VARIANCE/INTERPRETATION.
The Board of Zoning Appeals shall consider appeals of variance decisions and
interpretations made by any Department Director authorized to grant a variance
request or interpretation. This type of appeal is considered a secondary variance.
22.9. CONCURRENT VARIANCES.
The Mayor and City Council may consider a concurrent variance from any standards
of the Zoning Ordinance or Chapter 14, Article 6, Section 5 (Stream Buffers) of the
Milton Land Development City Code which shall be filed simultaneously with
rezoning, use permit or zoning modification requests on the same property based on
the conceptual plan submitted with the petition for the same agenda. The Planning
Commission shall also hear and make recommendations on concurrent variances
filed with rezonings or use permit applications. The Mayor and City Council shall
consider such concurrent variance requests in accordance with the standards set forth
in Section 22.3.1. Public notification shall be in accordance with Sections 22.13.9
and 28.3
22.9.1 VARIANCE CONSIDERATIONS FOR STREAM BUFFERS. The
following factors will be considered in determining whether to issue a
variance:
A. The shape, size, topography, slope, soils, vegetation and other
physical characteristics of the property;
B. The locations of all streams on the property including along property
boundaries;
C. The location and extent of the proposed buffer or setback intrusion;
and,
D. Whether alternative designs are possible which require less intrusion
or no intrusion;
E. The long term and construction water quality impacts of the proposed
variance;
F. Whether issuance of the variance is at least as protective of natural
resources and the environment.
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Director
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MILTON ZONING ORDINANCE
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22.9.1. LIMITATIONS ON CONCURRENT VARIANCES.
A. The Mayor and City Council may only consider variance requests as part of,
or in conjunction with, a rezoning, use permit or modification application.
C. If an application for a variance to the Board of Zoning Appeals duplicates a
concurrent variance request denied by the Mayor and City Council, such an
application shall not be accepted by the Director of Community
Development prior to the expiration of 6 months from the date of the Mayor
and City Council’s denial of the concurrent variance request. A variance
request to the Board of Zoning Appeals cannot be considered simultaneously
with the same concurrent variance request pending before the Mayor and
City Council.
22.9.2. APPLICATION FOR CONCURRENT VARIANCES. Applications for a
concurrent variance shall be submitted to the Director of Community Development
in accordance with the advertised filing deadlines for the Mayor and City Council. A
regular variance fee shall be charged and the application shall comply with all
advertising and notification requirements specified in Article 28, REZONING AND
OTHER AMENDMENT PROCEDURES . One notice sign may serve for both the
rezoning, use permit, zoning modification, and concurrent variance request as long as
the sign is marked to indicate all actions which are pending.
The variance case file number for each concurrent variance requested shall be
included on the rezoning petition.
22.10. MODIFICATIONS. A modification is a request for relief from the conditions of
zoning or use permit when a site development proposal does not comply with
approved conditions. There are two different types of modifications which are listed
below and described in the following sections:
1. Administrative Modification
2. Zoning Modification
22.10.1. APPLICATION FOR MODIFICATION. A request to modify a
condition of zoning or Use Permit may be initiated by the property owner, the
Planning Commission or the Mayor and City Council. Applications shall be
submitted to the Director of Community Development in accordance with the
deadline schedule adopted by the Mayor and City Council. A modification
application shall include a legal description of the property for which the
modification is requested and a written explanation of the circumstances upon which
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¶
¶
¶
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Environment and
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Environment and
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meetings
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MILTON ZONING ORDINANCE
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the requested change of condition is based including the reason why development or
use of the property, as approved, cannot be accomplished without the modification of
a condition. Applicants shall submit a revised site plan illustrating the requested
modification. The type of modification necessary is determined by the Director of
the Community Development.
22.11. ADMINISTRATIVE MODIFICATION. An Administrative Modification
application may be filed if the Director of Community Development determines that
the modification request is not prohibited by Section 22.2.4 LIMITATION ON
AUTHORITY and, will constitute only a technical change and does not involve
significant public interest, or public interest has been addressed by letters expressing
no objections from property owner(s) with standing and/or neighborhood
associations. The Director shall send the administrative modification decision to the
Mayor and City Council for confirmation at the next appropriate regular meeting.
22.11.1. APPEAL OF AN ADMINISTRATIVE MODIFICATION DECISION. If an
applicant wishes to appeal the decision of the Director of Community Development
regarding an Administrative Modification, or if it is determined by the Director that a
request will involve a matter of public interest, the applicant must file a separate
application requesting a Zoning Modification on forms available from the
Community Development Department.
22.12. ZONING MODIFICATION. A Zoning Modification application shall be filed if
an approved zoning condition cannot be met and it is determined by the Director that
the application involves significant public interest and is in compliance with Section
22.2.4 LIMITATION ON AUTHORITY. The Zoning Modification request shall be
presented to the Mayor and City Council for consideration in a public hearing.
22.13. GENERAL PROCEDURES.
This section contains basic steps common to all variances and modifications.
22.13.1. APPLICATIONS. All applications for variances, interpretations and modifications
shall be filed with the Director of Community Development on forms available in
the Department. The type of application process necessary to accomplish the change
requested by the applicant shall be the determined by the Director of Community
Development. The Director shall transmit the petition and all documents constituting
the record to the appropriate hearing body or individual.
22.13.2. STANDING. Standing refers to a party or parties allowed to initiate a request for
variances or modifications which are limited to the following:
Deleted: ¶
¶
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and
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Environment and
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Environment and
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MILTON ZONING ORDINANCE
22-9
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A. Modification Petition - A request for a modification may be initiated by the
property owner or its agent, the Planning Commission or the Mayor and City
Council;
B. Variance Petition - A request for a variance may be initiated by the property
owner of subject property or its agent;
C. Secondary Variance Petition - A request for a secondary variance appeal may
be initiated by the property owner of the subject property or its agent, or the
owner of other real property within 300 feet of the boundaries of the subject
property; and
D. Interpretation Petition - A request for an interpretation of a decision of the
Director of Community Development may be requested by any individual.
22.13.3. FILING DEADLINES.
A. Applications for variances, interpretations and modifications shall be
submitted in accordance with the advertised filing deadlines, depending on
the type of petition in accordance with Section 28.2.3 of the Zoning
Ordinance.
B. Concurrent Variance applications shall be filed in accordance with the filing
deadline for the parent petition of either a use permit, rezoning, or zoning
modification request in accordance with Section 28.2.3 of the Zoning
Ordinance.
C. The Director of Community Development has the discretion to extend the
filing deadline by two days for all applications except Administrative Minor
and Minor Variance Applications. A letter from the applicant explaining the
delay in filing shall be submitted prior to the close of the filing deadline.
22.13.4. WITHDRAWAL OF APPLICATION.
A. An application may be withdrawn by the applicant in writing at any time
before the public hearing notice advertisement is published and /or the notice
of the hearing is posted on the property.
B. Applications which do not require a public hearing may be withdrawn at any
time before notification of a decision is mailed.
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Environment and
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Environment and
MILTON ZONING ORDINANCE
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C. Once the public hearing has been properly advertised, the request for
withdrawal of the application must be placed on the public hearing agenda
and the appropriate decision-making body shall act on the withdrawal
request.
22.13.5. FEES. At the time of application, applicants shall pay fees as established by the
Mayor and City Council. Fees paid are not refundable except where the Director of
Community Development determines that an application was accepted in error, or
the fee paid exceeded the amount due, in which case the amount of the overpayment
will be refunded to the applicant.
22.13.6. LEGAL ACTION STAYED. The filing of an appeal authorized by this Article
shall operate as a stay of any enforcement proceedings by the City of Milton until
final resolution of the appeal. No Mayor and City Council or Board of Zoning
Appeals action shall be taken on any property which is the subject of any litigation
pending in state or federal court wherein the City of Milton or its agents or officials
are parties.
22.13.7. PUBLIC HEARING. A public hearing shall be conducted by the stated hearing
body of each appeal application before taking action thereon except those authorized
to be considered administratively. The schedule of public hearings and deadlines for
the filing of an appeal shall be established by the Mayor and City Council.
Public hearings are not required for administrative variances, minor variances,
administrative minor variances and administrative modifications; however,
notification in accordance with Section 22.13.9 B is required.
22.13.8. EVALUATIONS AND REPORTS. The hearing body shall have before it, at the
time of hearing, a report from the Director of Community Development which shall
summarize the hardship or justification reported by the applicant as related to the
application and background information for variances, modifications, and
interpretations, and any other information requested by the hearing body. The
hearing body shall, hear, analyze, consider, and make a written report of its decision
in accordance with Section 22.13.12 NOTICE OF DECISIONS.
22.13.9. PUBLIC NOTIFICATION. (Amended 09/05/01, 10/02/02, 06/04/03, 03/03/04)
A. For those applications requiring a public hearing (Primary Variances,
Secondary Variances, Concurrent Variances, and Zoning Modifications), the
Director of the Community Development Department shall:
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Environment and
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MILTON ZONING ORDINANCE
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1. Publish notice of the public hearing in a newspaper of general
circulation at least 15 days, but no more than 45 days prior to the
public hearing at which an application will be heard. The published
notice shall contain the time, place and purpose of the hearing and the
location of the property if applicable (secondary variances may not
always be property specific). Renotification is not required when a
petition is deferred by the Mayor and City Council or the Board of
Zoning Appeals
2. The applicant or agent shall post a sign as issued by the Community
Development Department in a conspicuous location on each public
street frontage of the subject site, at least 20 days, but not more than
45 days, prior to the public hearing at which an application will be
heard.
The sign shall be mounted and posted as specified by the Community
Development Department. Property that is not posted on the 20th
day before the scheduled hearing date will be administratively
removed from the agenda. The sign will remain posted on-site
until final action by the appropriate hearing body is taken.
When the Board of Zoning Appeals defers a petition, the applicant is
required to post an updated sign with new hearing dates 20 days prior
to the next scheduled hearing date. When the Mayor and City
Council defers a petition, an updated sign is not required.
The posted sign shall contain the date, time, place and purpose of the
hearing.
For zoning modifications, all notices shall contain all of the items
listed in the previous sentence, the location of the property, the
zoning and/or use permit case number to be modified and the
condition number(s) to be modified.
The posting of a sign is not required when a secondary variance is not
requested by the property owner or owner’s representative.
3. Notice of the public hearing shall be postmarked 15 days prior to the
hearing date and shall be given by regular mail to all property owners
within 300 feet of the boundaries of the property who appear on the
current tax records of Fulton County as retrieved by the City’s
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MILTON ZONING ORDINANCE
22-12
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Geographic Information System. Renotification is not required
when a petition is deferred by the Mayor and City Council or the
Board of Zoning Appeals.
The mailing of public notices is not required when a secondary
variance is sought by other than the property owner.
B. For those applications not requiring a public hearing, notification shall be
provided as follows:
1. Administrative Variance: The owners of property adjacent and
contiguous across the right-of-way of the subject site shall be notified
in accordance with Section 22.13.9(A)(3).
2. Minor Variance: The owners of property adjacent and contiguous
across the right-of-way of the subject site shall be notified in
accordance with Section 22.13.9(A)(3).
3. Administrative Modification: The Director of Community
Development shall determine what notification, if any, is reasonable
on a case by case basis.
4. Administrative Minor Variance: No written notification.
22.13.10. DECISIONS. The Mayor and City Council, Board of Zoning Appeals, and the
Director of Community Department in considering applications under this Article
shall do one of the following:
A. Approve or partially approve
B. Approve and impose conditions related to the application being considered
(Amended 04/03/02)
C. Deny
D. Hold for further study not less than 30 days
E. Withdraw
22.13.11. BOARD OF ZONING APPEALS DECISION ON SECONDARY
VARIANCES/INTERPRETATIONS. The Board of Zoning Appeals may take
the following actions pursuant to a secondary variance and/or an interpretation
appeal:
A. Affirm an order, requirement, or decision, wholly or partly.
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Deleted: ¶
¶
MILTON ZONING ORDINANCE
22-13
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B. Reverse an order, requirement, or decision, wholly or partly.
C. Clarify. Present an interpretation of the text in the form of a statement of
clarification. Such statement shall not contain substitute language, but shall
rely upon language and definitions contained in the City of Milton Zoning
Ordinance, and definitions contained in Merriam-Webster Collegiate
Dictionary, tenth edition.
22.13.12. NOTICE OF DECISIONS. Written notice of all decisions shall be placed in the
official case file and shall be forwarded to the applicant by regular mail within 7
working days from the date of the decision by the following authority:
A. The Director of Community Development shall provide written notification
of the Board of Zoning Appeals’ decisions;
B. The Director of Community Development shall, with respect to minor
variances, administrative variances, and administrative modifications provide
written notification of such decisions. The approval of a building permit
shall constitute notice of approval for an administrative minor variance; and
C. The Director of Community Development shall, with respect to zoning
modifications and concurrent variances, provide written notification of the
Mayor and City Council’s decisions.
22.13.13. RECONSIDERATION OF DENIED APPLICATION. If a variance or
modification application is denied by an authorized Department Director, Mayor and
City Council or the Board of Zoning Appeals, an application for the same variance or
modification item shall not be considered until:
A. At least six months has elapsed from the date of the decision; or
B. New information pertinent to the subject, not previously considered, is
submitted by the petitioner and the 6-month period is waived by the hearing
body.
If an application is denied by the Director of Community Development
Department, the applicant may appeal the decision to the appropriate hearing
body depending on the type of petition.
This provision is not intended to supersede provisions of Article 28.2 as related to
decisions regarding rezonings and/or use permits.
Deleted: Fulton County Zoning
Resolution
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Commissioners
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MILTON ZONING ORDINANCE
22-14
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22.13.14. TIME LIMITATION ON APPEALS TO SUPERIOR COURT. (Amended
12/1/99) The decision of the Board of Zoning Appeals is a final decision; therefore,
any appeal of such a decision shall be pursued by application for writ of certiorari
filed with the Superior Court of Fulton County within 30 days of the date of the
decision. The applicant’s petition, application for writ of certiorari, the writ of
certiorari and any other initials filings with the Superior Court shall be served upon
the named defendants/respondents in accordance with O.C.G.A. Section 9-11-4.
Upon filing such an appeal, the Clerk of Superior Court shall give immediate notice
thereof to the Director of Community Development Department, and within 30 days
from the date of such notice, the Director of Community Development shall cause to
be filed with the Clerk of Superior Court a certified copy of the proceedings and the
decision of the Board of Zoning Appeals.
Appeals of decisions (Secondary Variances/Interpretation) of the Director of
Community Development , or the Director of Public Works shall be brought within
30 days from the date of the decision.
22.14. BOARD OF ZONING APPEALS.
22.14.1. MEMBERSHIP. The City of Milton Board of Zoning Appeals shall consist of
seven members appointed by the Mayor and City Council. The members shall serve
terms concurrent with the terms of their respective appointed Council member or
Mayor . Members shall not hold any other public office or position in the City of
Milton. Annual elections shall be held by the Board of Zoning Appeals to elect one
of its member’s chairperson for a one-year term. The chairperson may serve an
unlimited number of one-year terms.
22.14.2. VACANCIES. Any vacancy in the membership shall be filled for the unexpired
term in the same manner as the initial appointment.
22.14.3. REMOVAL OF MEMBERS. Members may be removed for cause by the Mayor
and City Council upon written charges and after a public hearing.
22.14.4. SECRETARY. The Director of Community Development shall serve as Secretary
to the Board of Zoning Appeals. The Secretary shall keep minutes of proceedings,
showing the vote of each member upon each question, or if absent or failing to vote,
indicating such fact; and shall keep records of evidence, examinations and official
actions, all of which shall be filed and shall be a public record.
22.14.5. POLICIES AND PROCEDURES. The City of Milton Board of Zoning Appeals
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Deleted: 22.13.15.EXPIRATION
OF VARIANCE. If not used, a variance
shall be valid only for a period of 36
months from the date it is granted.
Extensions may be sought under the
provisions of Article 28, REZONING
AND OTHER AMENDMENT
PROCEDURES, Section 28.6
EXPIRATION AND EXTENSIONS OF
ZONINGS. ¶
¶
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Fulton County
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Commission
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Fulton County
Deleted: 22.14.4.PAY. Fees to be
paid to the members of the Fulton County
Board of Zoning Appeals for attending
official meetings shall be fixed from time
to time by the Board of Commissioners of
Fulton County. ¶
¶
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shall adopt and publish policies, procedures and rules in keeping with the provisions
of this ordinance. Such shall be available in the Community Development
Department.
22.14.6. MEETINGS. Meetings of the Board of Zoning Appeals shall be held at least once
each month to dispose of matters scheduled. Additional meetings may be called by
the chairman. The Board of Zoning Appeals scheduled meetings, places and dates,
and deadlines for the filing of applications shall be approved by the Mayor and City
Council and published by the Director of Development Department.
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Community
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE# _____
AN ORDINANCE TO AMEND ARTICLE 22, APPEALS OF THE CITY OF MILTON
ZONING ORDINANCE
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on October 20, 2008 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates to Amending Article 22, in regards to stream
buffers of the City of Milton Zoning Ordinance, 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 20th day of October, 2008
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette Marchiafava, City Clerk
(Seal)
1
ORDINANCE NO. 2008-______
STATE OF GEORGIA
COUNTY OF FULTON
CITY OF MILTON ETHICS ORDINANCE
AN ORDINANCE TO AMEND CHAPTER 6 OF THE CODE
OF ORDINANCES OF THE CITY OF MILTON, TO
ESTABLISH THE CODE OF ETHICS FOR THE CITY OF
MILTON; TO FURTHER AND INCORPORATE THE
POLICIES AND LAWS OF THE STATE OF GEORGIA
RELATING TO ETHICAL STANDARDS; TO CREATE THE
BOARD OF ETHICS AND PROVIDE FOR BOARD
MEMBERSHIP, DUTIES, AND RESPONSIBILITIES; TO
PROVIDE FOR THE DISPOSITION OF ETHICS
COMPLAINTS; TO ENSURE COMPLIANCE WITH
ETHICAL STANDARDS; TO REPEAL CONFLICTING
PROVISIONS; TO PROVIDE FOR SEVERABILITY; TO
PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
BE IT ORDAINED by the City Council of the City of Milton, GA while in regular
session on the ____ day of October, 2008 at 6:00 p.m. as follows:
WHEREAS, the Constitution of the State of Georgia, approved by the voters of
the State in November of 1982, and effective July 1, 1983, provides in Article IX,
Section II, Paragraph II thereof, that the General Assembly may provide by law for the
self-government of municipalities;
WHEREAS, O.C.G.A. § 36-35-3(a) authorizes cities to enact clearly reasonable
ordinances, resolutions, or regulations relating to its property, affairs, and local
government;
WHEREAS, the governing authority of the City of Milton, to wit, the Milton City
Council, desires to exercise its authority in adopting this Ordinance;
WHEREAS, it is essential to the proper operation of republican government that
public officials be independent and impartial, that governmental decisions and policy be
made in the proper channels of the governmental structure, that public office not be
used for private gain other than the remuneration provided by law, and that there be
public confidence in the integrity of government;
WHEREAS, the attainment of one or more of these ends is impaired whenever
there exists a conflict between the private interests of a City Official or an Employee and
his duties as such;
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2
WHEREAS, the public interest, therefore, requires that the law protect against
such conflicts of interest and establish appropriate ethical standards with respect to the
conduct of City Officials and Employees in situations where conflicts exist;
WHEREAS, it is also essential to the proper operation of government that those
best qualified be encouraged to serve the government. Accordingly, legal safeguards
against conflicts of interest must be designed so as to not unnecessarily or
unreasonably impede the recruitment and retention by the government of those men
and women who are best qualified to serve it;
WHEREAS, an essential principle underlying the staffing of our government
structure is that its City Officials and Employees should not be denied the opportunity,
available to all other citizens, to acquire and retain private economic interests and other
interests, except where conflicts with the responsibility of such City Officials and
Employees to the public cannot be avoided;
WHEREAS, the purposes behind this Ordinance are shared by all republican
governments – to insure that public officials be independent, impartial, and responsible
to the people they represent, that governmental decisions and policies be made within
the proper channels of the governmental structure, that public office not be used for
personal gain, and, especially, that the public have confidence in the integrity of its
government and its officials.
WHEREAS, in recognition of these goals and principles, it is the policy of the
Milton City Council to institute, establish, promote, and to ensure compliance with the
standards of ethical conduct for all of the City of Milton’s officers and employees; and
WHEREAS, it is a further policy of the City Council that the proper administration
of the City of Milton’s government and the promotion and compliance with the standards
of ethical conduct for the City of Milton’s officers and employees would be best served
by the creation of a Board of Ethics;
NOW, THEREFORE, BE IT ORDAINED AND RESOLVED BY THE CITY
COUNCIL OF MILTON, GEORGIA AS FOLLOWS:
ARTICLE ONE: GENERAL PROVISIONS
Section One. Short Title.
This Ordinance shall be known as “The City of Milton Ethics Ordinance,” and
may be cited and referred to as such.
Section Two. Definitions.
3
For the purposes of this Ordinance, the following terms, phrases, words, and
their derivations shall have the meaning provided herein. When not inconsistent with
the context, words used in the present tense include the future, words in the plural
number include the singular number, and words in the singular number include the
plural number.
(A) “Agency” means the City Council and all other agencies, authorities, boards,
commissions, committees, departments, and offices of the City, without
exception.
(B) “Board of Ethics” means the City of Milton Board of Ethics as formed and
described herein.
(C) “Business Entity” means any business of whatever nature regardless of how
designated or formed, whether a sole proprietorship, partnership, joint venture,
association, trust, corporation, limited liability company, or any other type of
business enterprise, and whether a person acting on behalf of, or as a
representative or agent of, the business entity.
(D) “City Official” means the Mayor of the City of Milton, the Milton City Council, any
member of a board, commission, or authority appointed by the Council, the City
Manager, and any other elected or appointed officer of the City of Milton.
(E) “Confidential Information” means any information that, by law or practice, is not
reasonably available to the public.
(F) “Council” means the Milton City Council, which includes any person who is
elected to the Council and the Mayor.
(G) “Employee” means all those persons employed on a regular or part-time basis by
the City, as well as those persons whose services are retained to fill positions
within the City government under the terms of a contract with the City.
(H) “Family” means the spouse, parents, children, brothers and sisters, related by
blood or marriage, cousins, aunts, and uncles of a City Official or Employee.
(I) “Government or City” shall be construed to mean the City of Milton, Georgia
government.
(J) “Governing Authority” or “member of the Governing Authority” means the Mayor
or any Councilmember of the City.
(K) “Interest” means direct or indirect pecuniary or material benefit accruing to a City
Official or Employee as a result of a contract or transaction which is or may be the
subject of an official act or action by or with the City, except for such contracts or
transactions which, by their terms and by the substance of their provisions, confer
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the opportunity and right to realize the accrual of similar benefits to all other
persons and/or property similarly situated. The term “interest” shall not include
any remote interest.
For purposes of this Ordinance, a City Official or Employee shall be deemed to
have an interest in the affairs of:
(1) His or her family;
(2) Any business entity in which the City Official or Employee is a member,
officer, director, employee, or prospective employee;
(3) Any business entity as to which the stock, legal ownership, or beneficial
ownership of a City Official or Employee is in excess of five percent (5%)
of the total stock or total legal and beneficial ownership, or which is
controlled or owned directly or indirectly by the City Official or Employee.
(L) “Official Act” or “Official Duties” means any legislative, administrative, appointive,
or discretionary act of any City Official or Employee of the City or any agency,
board, authority, or commission thereof.
(M) “Remote interest” means an interest of a person or entity, including a City Official
or Employee, who would be affected in the same way as the general public. For
example, the interest of a council member in the property tax rate, general city
fees, city utility charges, or a comprehensive zoning ordinance or similar
decisions is deemed remote to the extent that the council member would be
affected in common with the general public.
(N) “Volunteer” means a nonpaid person engaging in official City business with the
approval of the governing authority.
ARTICLE TWO: CODE OF ETHICS FOR MUNICIPAL SERVICE GENERALLY
This Article Two is intended to adopt and incorporate herein for local
enforcement the ethical standards of O.C.G.A. § 45-10-1, as it may be amended from
time to time.
Any person in City service shall:
Section One.
Put loyalty to the highest moral principles and to country above loyalty to
persons, party, or government department.
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Section Two.
Uphold the Constitution, laws, and legal regulations of the United States and the
State of Georgia and of all governments therein and never be a party to their evasion.
Section Three.
Give a full day’s labor for a full day’s pay and give to the performance of his
duties his earnest effort and best thought.
Section Four.
Seek to find and employ more efficient and economical ways of getting tasks
accomplished.
Section Five.
Never discriminate unfairly by the dispensing of special favors or privileges to
anyone, whether for remuneration or not, and never accept, for himself or his family,
favors or benefits under circumstances which might be construed by reasonable
persons as influencing the performance of his governmental duties.
Section Six.
Make no private promises of any kind binding upon the duties of office, since an
employee has no private word that can be binding on public duty.
Section Seven.
Engage in no business with the government, either directly or indirectly, which is
inconsistent with the conscientious performance of his governmental duties.
Section Eight.
Never use any information coming to him confidentially in the performance of
governmental duties as a means for making private profit.
Section Nine.
Expose corruption wherever discovered.
Section Ten.
Uphold these principles, ever conscious that public office is a public trust.
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ARTICLE THREE: CODE OF ETHICS FOR CITY OFFICIALS
AND DEPARTMENT DIRECTORS
This Article Three is intended to adopt and incorporate herein for local
enforcement the ethical standards of O.C.G.A. § 45-10-3, as it may be amended from
time to time.
All City Officials and Department Directors shall:
Section One.
Uphold the Constitution, laws, and regulations of the United States, the State of
Georgia, the City of Milton, and all governments therein and never be a party to their
evasion.
Section Two.
Never discriminate by the dispensing of special favors or privileges to anyone,
whether or not for remuneration.
Section Three.
Not engage in any business with the government, either directly or indirectly,
which is inconsistent with the conscientious performance of his governmental duties.
Section Four.
Never use any information coming to him confidentially in the performance of
governmental duties as a means for making private profit.
Section Five.
Expose corruption wherever discovered.
Section Six.
Never solicit, accept, or agree to accept gifts, loans, gratuities, discounts, favors,
hospitality, or services from any person, association or corporation under circumstances
from which it could reasonably be inferred that a major purpose of the donor is to
influence the performance of the member’s official duties.
Section Seven.
Never accept any economic opportunity under circumstances where he knows or
should know that there is a substantial possibility that the opportunity is being afforded
him with intent to influence his conduct in the performance of his official duties.
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Section Eight.
Never engage in other conduct which is unbecoming to a member or which
constitutes a breach of public trust.
Section Nine.
Never take any official action with regard to any matter under circumstances in
which he knows or should know that he has a direct or indirect monetary interest in the
subject matter of such matter or in the outcome of such official action.
ARTICLE FOUR: SPECIFIC PROVISIONS RELATED TO CONFLICT
OF INTEREST TRANSACTIONS AND DISCLOSURES
The following provisions related to conflict of interest transactions and
disclosures are intended to supplement and elaborate upon the Code of Ethics set forth
in Articles Two and Three above, as well as Section 2.15 of the Milton City Charter, and
all such provisions shall be read and interpreted in accordance therewith.
Section One. Compliance with Applicable Law.
No City Official or Employee shall engage in any activity or transaction that is
prohibited by law, now existing or hereafter enacted, which is applicable to him or her by
virtue of his or her office or employment. Other provisions of law or regulations shall
apply when any provisions of this Ordinance shall conflict with the laws of the State of
Georgia or the United States, except to the extent that this Ordinance permissibly sets
forth a more stringent standard of conduct. The laws of the State of Georgia or the
United States shall apply when this Ordinance is silent.
Section Two. Conflict of Interest Transactions.
(A) No City Official or Employee shall engage in any business or transaction
or have a financial or other monetary interest, direct or indirect, which is
incompatible with the proper discharge of official duties or which would
tend to impair the independence of his or her judgment or action in the
performance of official duties, except consistent with the disclosure and
abstention provisions set forth herein. Additionally, no City Official or
Employee shall vote or otherwise participate in the negotiation or in the
making of any contract with any business or entity in which he or she has
a financial interest.
(B) The City of Milton shall not enter into any contract involving services or
property with a City Official or Employee or with a business entity in which
the City Official or an Employee has an interest. Provided that the
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disclosure and abstention provisions set forth herein are followed, this
paragraph shall not apply to the following:
(1) The designation of a bank or trust company as a depository for City
funds;
(2) The borrowing of funds from any bank or lending institution which
offers competitive rates for such loans;
(3) Contracts entered into with a business which employs a consultant,
provided that the consultant’s employment with the business is not
incompatible with this Ordinance;
(4) Contracts for services entered into with a business which is the only
available source for such goods or services; and
(5) Contracts entered into under circumstances that constitute an
emergency situation, provided that a record explaining the
emergency is prepared by the Council and submitted to the City
Manager (or his/her equivalent) to be kept on file.
Section Three. Financial Disclosures.
Financial disclosures shall be governed by federal and state law as it may be
amended from time to time, and this Ordinance shall not require any additional financial
disclosure reports to be filed other than those required by federal and state law.
Section Four. Zoning Application Disclosures.
All disclosures with regard to zoning applications shall be governed in their
entirety by the Conflict of Interest in Zoning Actions provisions contained in O.C.G.A. §
36-67A-1, et seq., as it may be amended from time to time.
Section Five. Disclosures Related to Submission of Bids or Proposals for
County Work or Contract.
Persons submitting bids or proposals for City work who have contributed $250.00
or more to a City Official must disclose on their bid or proposal the name of the City
Official(s) to whom the contribution was made and the amount contributed. Such a
disclosure must also be made prior to a request for any change order or extension of
any contract awarded to the person who submitted the successful bid or proposal.
Section Six. Withholding of Information; Confidential Information.
No City Official or Employee shall knowingly withhold any information that would
impair the proper decision making of the Council or any of the City’s boards, agencies,
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authorities, or departments. No City Official or Employee shall disclose confidential
information concerning the property, government, or affairs of the governmental body by
which engaged without proper legal authorization or use such information to advance
the financial or other private interest of himself or herself or others.
Section Seven. Incompatible Service.
No City Official or Employee shall engage in or accept private or public
employment or render service for any private or public entity, when such employment or
service is incompatible with the proper discharge of his or her official duties or would
tend to impair his or her independence of judgment or action in the performance of his
or her official duties, unless otherwise permitted by law and unless public disclosure is
made. Except as authorized by law, no member of the City Council shall hold any other
elective office or other City employment during the term for which he or she is elected.
Section Eight. Unauthorized Use of Public Property.
No City Official or Employee shall request or permit the unauthorized use of City-
owned facilities, vehicles and equipment, including but not limited to, computers,
pagers, and cellular telephones for personal benefit, convenience or profit, except in
accordance with policies promulgated by the City Council and except to the extent such
are lawfully available to the public.
Section Nine. Political Recrimination and Activity.
(A) No City Official or Employee, whether elected or appointed, shall either
cause the dismissal or threaten the dismissal from any City position as a
reward or punishment for any political activity. No City Official or
Employee shall direct any person employed by the City to undertake
political activity on behalf of such City Official or Employee, any other City
Official or Employee, or any other individual, political party, group, or
business organization, during such time that the Employee is required to
conduct City business. This section does not prohibit incidental telephone
calls, emails, letters, and other forms of communication made for the
purpose of scheduling a City Official’s daily City business.
(B) City Officials and Employees of the City are encouraged to exercise their
right to vote, but no City Official or Employee shall make use of
government time or equipment to aid a political candidate, party, or cause.
No Employee shall be hired, promoted, favored, or discriminated against
with respect to employment because of his or her political opinions or
affiliations.
(1) Seeking elective office. An Employee seeking elective office within
the City may, upon declaring candidacy, either resign or submit a
request in writing to the City Manager (or his/her equivalent) for a
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leave of absence without pay from the date of his or her
announcement through the duration of the campaign or
announcement of the election results. In the alternative, the
Employee seeking elective office within the City may continue to
work for the City, provided, however, that the Employee shall not
engage in election activities during his or her City working hours or
with use of City equipment. If elected to office, the Employee shall
immediately, upon the date of election, be separated from
employment with the City upon written request and approval of the
City Manager (or his/her equivalent).
(2) Political campaign involvement. An Employee or City Official
(except for Elected Officials) may not be involved in any political
activity in his or her official capacity that would constitute a conflict
of interest, including active participation in any aspect of any
political campaign for any office in City of Milton Government.
Nothing in this paragraph shall be construed to limit any Elected
Official from supporting any candidate in an election in his/her
official capacity, provided that the Elected Official does not utilize
City equipment, property, or funds in support of such candidate.
(3) Solicitation of contributions. An Employee or City Official (except
for Elected Officials) may not knowingly solicit, accept, or receive
political contributions from any person, to be used in support of or
opposition to any candidate for office in the City.
Section Ten. Appearance Before City Entities.
No City Official or Employee shall appear on behalf of any private person other
than himself or herself, his or her spouse, or his or her minor children, before any City
agency, commission, authority or board. However, a member of the City Council may
appear before such groups on behalf of his constituents in the course of his duties as a
representative of the electorate or in the performance of public or civic obligations,
provided that such member of the City Council shall comply with all internal operating
rules and regulations of the particular group and shall not interfere with or delay the
activities of the group.
Section Eleven. Timely Payment of Debts to the City and Fiscal
Responsibility.
All City Officials and Employees shall pay and settle, in a timely and prompt
fashion, all accounts between them and the City of Milton, including the prompt payment
of all taxes and shall otherwise demonstrate personal fiscal responsibility.
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Section Twelve. Solicitation or Acceptance of Gifts.
(A) City Officials and Employees shall not accept gifts, gratuities, or loans
from organizations, business concerns, or individuals with whom he or she
has official relationships based upon business of the City government or
with whom the City Official or Employee has knowledge that the
organization, business concern, or individual is interested, directly or
indirectly in any manner whatsoever, in business dealings with the City.
These limitations are not intended to prohibit the acceptance of articles of
negligible value which are distributed generally, nor to prohibit employees
from accepting social courtesies which promote good public relations, or
to prohibit employees from obtaining loans from regular lending
institutions. It is particularly important that inspectors, contracting officers,
and enforcement officers guard against relationships which might be
construed as evidence of favoritism, coercion, unfair advantage, or
collusion.
(B) Consistent with the provisions set forth in Articles Two and Three and
Section 12(A) above, there shall be no violation of this Ordinance in the
following circumstances:
(1) Meals and beverages given in the usual course of entertaining
associated with normal and customary business or social functions.
(2) An occasional gift from a single source of $101.00 or less in any
calendar year.
(3) Ceremonial gifts or awards.
(4) Gifts of advertising value only or promotional items generally
distributed to public officials.
(5) Awards presented in recognition of public service.
(6) Reasonable expenses of food, travel, lodging and scheduled
entertainment for a meeting that is given in return for participation in
a panel or speaking engagement at the meeting.
(7) Gifts from relatives or members of the City Official or Employee’s
household.
(8) Awards for professional achievement unrelated to City business.
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(9) Monetary fees or honorariums from a single source of $101.00 or
less for any speaking engagement, participation in a seminar,
discussion panel, or other activity which directly relates to the
official duties of the City Official or Employee.
(10) Courtesy tickets or free admission to educational seminars,
educational or information conventions, or other similar events.
Section Thirteen. Disclosure of Interest.
Any member of the Council who has a financial or personal interest in any
proposed legislation or action before the Council shall immediately disclose publicly the
nature and extent of such interest.
Any other City Official or Employee who has a financial or personal interest in
any proposed legislation or action before the Council and who participates in discussion
with or gives an official opinion or recommendation to the Council in connection with
such proposed legislation or action shall immediately disclose publicly the nature and
extent of such interest.
Section Fourteen. Exemptions.
This Ordinance shall not be construed to require the filing of any information
relating to any person's connection with, or interest in, any professional society, labor
union, or any charitable, religious, social, fraternal, educational, recreational, public
service, civil or political organization, or any similar organization not conducted as a
business enterprise or governmental agency, and which is not engaged in the
ownership or conduct of a business enterprise or governmental agency.
Section Fifteen. Abstention to Avoid Conflicts of Interest.
(A) Except as otherwise provided by law, no City Official or Employee shall
participate in the discussion, debate, deliberation, vote, or otherwise take
part in the decision-making process on any item before him in which the
City Official or Employee has a conflict of interest as set forth above. In
addition, a City Official or Employee who serves as a corporate officer or
member of the board of directors of a nonprofit entity may not participate
in a vote or decision regarding funding by or through the City of the entity.
Where the interest of a City Official or Employee in the subject matter of a
vote or decision is a Remote Interest, the City Official or Employee may
participate in the vote or decision and need not disclose the interest.
(B) To avoid the appearance of impropriety, if any City Official or Employee
has a conflict of interest or has an interest that he or she has reason to
believe either violates this Ordinance or may affect his or her official acts
or actions in any matter, the City Official or Employee shall immediately
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leave the meeting room, except that if the matter is being considered at a
public meeting, the City Official or Employee may remain in the meeting
room.
(C) In the event of a conflict of interest, the City Official or Employee shall
announce his or her intent to abstain prior to the beginning of the
discussion, debate, deliberation, or vote on the item, shall not participate
in any way, and shall abstain from casting a vote.
ARTICLE FIVE: THE BOARD OF ETHICS
Section One. Composition of the Board of Ethics.
There is created a Board of Ethics consisting of seven members. Each member
of the Board of Ethics shall have been a resident of the City for at least one (1) year
immediately preceding the date of taking office and shall remain a resident of the City
while serving as a member of the Board of Ethics.
Section Two. Qualifications of Members of the Board of Ethics.
A person is eligible to be appointed as a member of the Board of Ethics if the
person, while serving:
(A) Resides in the City and is a registered voter;
(B) Is not an Employee or City Official and has not been an Employee or City
Official during the three (3) months immediately preceding his or her
appointment, or be the spouse, parent, child, or sibling of an Employee or
City Official;
Section Three. Appointment Procedures.
The membership of the Board of Ethics shall be appointed as follows:
(A) Each Councilmember shall appoint one member who resides in his/her
respective district;
(B) The Mayor shall appoint one member who resides in the City at large; and
(C) The City Council and Mayor shall ratify the appointments so made at a
public meeting.
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Section Four. Terms of Service.
(A) Board of Ethics members shall serve terms consistent with the term of the
elected official who appointed them to the Board of Ethics. Upon the
expiration of a term, the expiring member shall hold office until a
successor is appointed and ratified as required in Section Three.
(B) No person may serve more than two (2) consecutive terms as a Board of
Ethics member.
(C) All appointments following the expiration of the term and all appointments
made in the cases of vacancies created during a particular term shall be
made by the respective Councilmember or Mayor in the same manner as
provided for in Section Three within forty-five (45) days of the creation of
the vacancy. If the appointing Councilmember has not made an
appointment to fill a vacancy within forty-five (45) days, the Mayor shall
appoint an individual from that respective district to fill the vacancy.
Section Five. Organization and Internal Operating Regulations.
(A) The Board of Ethics shall elect a chairperson and vice chairperson to
serve for a term of one year, or until a successor is elected.
(B) Members of the Board of Ethics are volunteers and shall serve without
compensation.
(C) The City Council shall provide meeting space for the Board of Ethics.
Subject to budgetary procedures and requirements of the City, the City
shall provide the Board of Ethics with such supplies and equipment as
may be reasonably necessary to perform its duties and responsibilities.
The City Clerk shall serve as Recording Secretary to the Board of Ethics.
(D) Subject to budgetary procedures and requirements of the City, the City
Attorney shall be available to assist the Board of Ethics in carrying out its
responsibilities or to act as a hearing administrator, whose duties shall be
limited to conducting the hearing as directed by the Board of Ethics. In the
event the City Attorney has a conflict of interest in acting as a hearing
administrator on a particular case, the Board of Ethics may petition the
City Council for appointment of counsel on a case-by-case basis. Any
such appointed counsel shall be approved by the City Council, shall
perform services at an approved hourly rate, and shall serve at the joint
pleasure of the Board of Ethics and the City Council.
(E) The Board of Ethics shall conduct at least one meeting per quarter, which
shall be on the fourth (4th) Monday of January, April, July, and October,
respectively. Additionally, as deemed necessary upon call of the
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Chairperson or a majority of the Board of Ethics, the Board of Ethics may
call a special hearing. All meetings of the Board of Ethics shall be
conducted in public, shall be duly publicized, and shall be otherwise
conducted in accordance with the Open Meetings requirements under
state law. The dates and times of the meetings as set forth herein may be
altered by a majority vote of the Board of Ethics.
(F) Four members of the Board of Ethics shall constitute a quorum for the
transaction of business. The Chairperson shall be entitled to the same
voting rights as the other members of the Board of Ethics.
Section Six. Removal of Members.
The City Council may remove a member of the Board of Ethics on grounds of
neglect of duty or misconduct in office. Before initiating the removal of a member from
the Board of Ethics, the City Council shall give the member written notice of the reason
for the intended action, and the member shall have the opportunity to reply. Thereafter,
the City Council shall afford such member an opportunity for a hearing before the City
Council.
Section Seven. Resignation of Member.
If a member of the Board of Ethics decides to resign during his/her term, the
member’s resignation shall be submitted in writing to the City Clerk who shall forward
the resignation to the City Council, Mayor, and other members of the Board of Ethics. A
resignation shall be deemed effective upon submission to the City Clerk and cannot be
revoked.
Section Eight . Duties and Powers.
The Board of Ethics shall have the following duties and powers:
(A) To establish any procedures, rules, and regulations governing its internal
organization and conduct of its affairs, provided that such procedures,
rules, and regulations do not conflict with any provision contained herein.
(B) To receive and hear complaints of violations of standards required by this
Ordinance.
(C) To take such action as provided in this Ordinance as deemed appropriate
because of any violation of this Ordinance.
(D) To perform any other function authorized by this Ordinance.
(E) To issue advisory opinions as provided in this Ordinance.
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(F) To make recommendations to the City Council and Mayor with respect to
an educational program for Employees and City Officials subject to this
Ordinance, new Board of Ethics members, and the public about their
rights and duties hereunder.
(G) To make recommendations to the City Council and Mayor for legislative or
administrative actions regarding the City’s policies and practices, which
the Board believes could enhance the ethical environment in which public
servants work.
Section Nine. Custodian of Records.
The City Clerk shall serve as legal custodian of the Board of Ethics’ records, and
accept, file, maintain, and administer, in accordance with all applicable laws, any
information related to the purposes of this Ordinance.
Section Ten. Limitation of Liability.
No member of the Board of Ethics, or any person acting on behalf of the Board of
Ethics, shall be liable to any person for any damages arising out of the enforcement or
operation of this Ethics Ordinance, except in the case of willful or wanton misconduct.
This limitation of liability shall apply to the City, the members of the Board of Ethics, the
employees of the Board of Ethics, and any person acting under the direction of the
Board of Ethics.
Section Eleven. Advisory Opinion.
The Board of Ethics shall render an advisory opinion based on a real or
hypothetical set of circumstances when requested to do so in writing by a City Official or
Employee related to that City Official’s or Employee’s conduct or transaction of
business. Such advisory opinions shall be rendered pursuant only to a written request,
fully setting forth the circumstances to be reviewed by the Board of Ethics. The
proceedings of the Board of Ethics pursuant to this section shall be held in public, and
the opinions of the Board of Ethics shall be made available to the public.
Section Twelve. Complaints.
The Board of Ethics shall be responsible for hearing and deciding any complaints
filed regarding alleged violations of this Ordinance by any person. The following
procedures shall be followed when filing a complaint:
(A) Any person may file a complaint alleging a violation of any of the
provisions of this Ordinance by submitting it to the City Clerk.
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(B) The complaint must be submitted on the Ethics Complaint Form adopted
by the Board of Ethics. The complaint must, at a minimum, identify the
specific provisions of the Ordinance alleged to be violated, must be
supported by affidavits based on personal knowledge, and must show
affirmatively that the affiant is competent to testify to the matters stated
therein. All documents referred to in an affidavit(s) should be attached to
the affidavit(s). Every ethics complaint must be signed and notarized, and
shall contain the following statement:
“I have read the complaint and aver that the facts contained therein are
true to the best of my knowledge and belief and I am aware that the Ethics
Ordinance that created the Board of Ethics authorizes the Board to
impose penalties against me for filing a frivolous complaint, including
without limitation, dismissal of the complaint, payment of costs and
attorney’s fees associated with the handling, processing, and defense of
the complaint, and/or all other penalties applicable under the law.”
(C) A complaint must be filed within six (6) months of the date the alleged
violation is said to have occurred, or in case of concealment or
nondisclosure, within six (6) months of the date the alleged violation
should have been discovered after due diligence.
(D) Upon receipt of a complaint, the City Clerk shall immediately deliver the
complaint to the Chair of the Board of Ethics or his/her designee for
purposes of the Chair determining whether the complaint on its face
satisfies the requirements of Section 12(B) and (C) above. The Chair
must make such determination within five (5) business days of his/her
receipt of the complaint. If the complaint does not meet the requirements
set forth in Section 12(B) and (C) above, the Chair or his/her designee
shall so notify the complainant in writing of the defect(s) via certified mail,
return receipt requested. Thereafter, the complainant shall be afforded
five (5) business days from receipt of the notification of defect to cure any
defects that may be cured and re-submit the complaint. If a complaint is
not re-submitted within the allotted time period, the Board of Ethics shall
take no further action on the complaint.
(E) Upon the determination by the Chair or his/her designee that the
complaint meets the requirements of Section 12(B) and (C) above, the
City Clerk shall immediately forward the complaint by certified mail, return
receipt requested to the City Official or Employee against whom the
complaint was filed. The City Official or Employee against whom the
complaint was filed shall respond to the complaint within thirty (30) days
after receipt of the complaint, unless such time for response is extended
by the Board of Ethics upon good cause shown. The response of the City
Official or Employee must be supported by affidavits based on personal
knowledge, must set forth such facts as would be admissible in evidence,
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and must show affirmatively that the affiant is competent to testify to the
matters stated therein. All documents referred to in an affidavit(s) should
be attached to the affidavit(s). The respondent shall verify the response
by his or her signature thereon, which shall be notarized.
(F) Within sixty (60) days of the determination by the Chair that the complaint
meets the requirements of Section 12(B) and (C) above, unless such time
is extended by the Board of Ethics upon good cause shown, the Board of
Ethics shall convene a meeting to conduct an initial review to determine
whether specific substantiated evidence from a credible source(s) exists to
support a reasonable belief that there has been a violation of this
Ordinance.
(G) If after reviewing the complaint and response the Board of Ethics by vote
determines that no specific, substantiated evidence from a credible
source(s) exists to support a reasonable belief that there has been a
violation of this Ordinance or determines that no violation occurred as a
matter of applying the facts alleged and accepted as true to the terms of
the Ordinance, the Board of Ethics may dismiss the complaint without
further proceedings. In the event a complaint is dismissed pursuant to this
Paragraph, the complaint may not be re-filed.
(H) If the Board of Ethics determines that specific, substantiated evidence
from a credible source(s) exists to support a reasonable belief that there
has been a violation of this Ordinance, written notice of a hearing,
containing the time, date, and place of such hearing, shall be sent to each
party by the Board of Ethics by certified mail, return receipt requested, and
a formal public hearing shall be conducted and both parties afforded an
opportunity to be heard.
(I) Any formal public hearing shall be conducted in accordance with the
requirements of due process. The Board of Ethics is authorized to
administer oaths and to issue subpoenas when requested to do so by the
parties to the complaint.
(J) Subpoenas.
Any request for a subpoena made by a party to the Board of Ethics shall
be made at least five (5) business days prior to the hearing date, and shall
state the names and addresses for whom the subpoenas are to be issued
and the date and time for the witnesses to appear. Any party requesting a
subpoena shall also notify the opposing party in writing as to whom the
subpoenas will be issued. A failure to provide such notification or to timely
request a subpoena under this Paragraph may result in a waiver of the
right to subpoena such witness
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The Board of Ethics adopts O.C.G.A. § 45-20-9 (c), which specifies as
follows:
“Subpoenas shall be issued without discrimination
between public and private parties. When a
subpoena is disobeyed, any party may apply to the
superior court of the county where the hearing is
being held for an order requiring obedience. Failure
to comply with such order shall be cause for
punishment as for contempt of court. The costs of
securing the attendance of witnesses, including fees
and mileage, shall be computed and assessed in the
same manner as prescribed by law in civil cases in
the superior court. Once issued a subpoena may be
quashed by the Board of Ethics or an administrative
law judge if it appears that the subpoena was used
primarily as a means of harassment, that the
testimony or documents sought are cumulative, that
the testimony or documents sought are not relevant,
that the testimony or documents sought are not
material, that to respond to the subpoena would be
unduly burdensome, or that for other good reasons
basic fairness dictates that the subpoena should not
be enforced.”
Each party shall be individually responsible for the costs of securing the
attendance of the subpoenaed witness, including the costs of fees and
mileage as applicable, and shall be individually responsible for service of
the subpoena.
It is intended that O.C.G.A. § 24-10-24 shall apply to require twenty-five
dollars ($25.00) per diem as a witness fee for any witnesses who are not
City Employees. City Employees shall not be entitled to receive a witness
fee during hours in which they are being paid by the City for performance
of job duties. Additionally, if a witness resides outside the City, O.C.G.A. §
24-10-24 will apply to require the twenty-five dollars ($25.00) per diem
witness fee and twenty cents ($.20) per mile for travel expenses as a
condition for appearance. Consistent with O.C.G.A. § 24-10-24, any
subpoenas issued on behalf of the City will not require payment of the
above-states fees. If applicable, O.C.G.A. § 12-10-27 shall govern
issuance of subpoenas to off-duty law enforcement officers.
(K) Any final determination resulting from the hearing shall include written
findings of fact and conclusions of law. The Board of Ethics shall
determine if clear and convincing evidence shows any violation of this
Ordinance.
20
Section Thirteen. Disciplinary Action.
(A) Upon a determination that an Employee has violated this Ordinance, the
Board of Ethics may recommend the following penalties and actions:
(1) Written warning or reprimand;
(2) Suspension without pay;
(3) Termination of employment; and
(4) Repayment to the City of any unjust enrichment.
(B) Upon a determination that a City Official has violated this Ordinance, the
Board of Ethics may recommend to the Mayor and City Council the
following penalties and actions:
(1) Written warning, censure, or reprimand;
(2) Removal from office to the extent provided by Georgia law; and
(3) Repayment to the City of any unjust enrichment.
(C) In addition to any other remedy provided herein, upon determination of a
violation of this Ordinance, the Board of Ethics may recommend to the
City Council in writing that any contract, bid, or change order that was the
subject of the violation should be cancelled or rescinded. The City
Council, however, shall retain the discretion to determine whether such a
cancellation or rescission would be in the best interest of the City and shall
not be bound in any way by a recommendation of the Board of Ethics.
(D) The Board of Ethics may also forward its findings of fact and conclusions
of law to the Fulton County District Attorney’s Office and/or the Office of
the Governor for appropriate action.
Section Fourteen. Judicial Review.
(A) Any party against whom a decision of the Board of Ethics is rendered may
obtain judicial review of the decision by writ of certiorari to the Superior
Court of Fulton County. The application for the writ must be filed within
thirty (30) days from the date of the written decision. Judicial review shall
be based upon the record. No party shall be entitled to a de novo appeal.
(B) Upon failure to timely request judicial review of the decision by writ of
certiorari as provided in this section, the decision shall be binding and final
upon all parties.
21
Section Fifteen. Ex Parte Communications.
(A) After a complaint has been filed and during the pendency of a complaint
before the Board of Ethics, no member of the Board of Ethics may
communicate directly or indirectly with any party or other person about any
issue of fact or laws regarding the complaint, except as follows:
(1) The members of the Board of Ethics may obtain legal advice from
the City Attorney and may discuss the complaint with any staff
provided to the Board of Ethics by the City Council; and
(2) The members of the Board of Ethics may discuss the complaint at a
lawfully conducted meeting; and
(3) If any person attempts to communicate with a Board of Ethics
member regarding the pending complaint, the Board of Ethics
member shall report the substance of the communication to the
Board of Ethics on the public record at the next meeting or hearing
of the Board of Ethics.
(B) No Board of Ethics member shall undertake an independent investigation
of any complaint or matter before the Board of Ethics.
Section Sixteen. Confidentiality of Board of Ethics Information.
No member of the Board of Ethics, nor any public servant who has access to any
confidential information related to the functions or activities of the Board of Ethics, shall
divulge that information to any person not authorized to have it.
Section Seventeen. Wrongful Use of the Board of Ethics.
The purpose of the Board of Ethics is to endeavor to maintain a high standard of
ethical behavior by City Officials and Employees. This will be most effective when City
Officials, Employees, and citizens work together to set and maintain high ethical
standards. Complaints directed to the Board of Ethics must be based on fact and have
the intent to improve the ethical climate of the City. Individuals directing unfounded,
frivolous, false, or politically motivated complaints to the Board of Ethics may be subject
to penalties including, but not limited to, dismissal of the complaint, public reprimand,
criminal prosecution for perjury, and/or payment of costs and attorney’s fees associated
with the handling and processing of the Complaint. Other penalties may be imposed by
the Board of Ethics for the wrongful use of the Ethics Ordinance.
22
Section Eighteen. Wrongful Use of the Ethics Ordinance.
(A) A wrongful use of the Ethics Ordinance shall occur if and when a frivolous
or false complaint is filed in a negligent, reckless, or purposeful manner
without a basis in law or fact and for purpose other than reporting a
violation of this Ordinance. A person has not filed a frivolous complaint if
he/she reasonably believes that facts exist to support the claim and either
reasonably believes that under those facts the complaint is valid under this
Ordinance or acts upon the advice of counsel sought in good faith and
given after full disclosure of all relevant facts within his/her knowledge and
information.
(B) In deciding if a complaint is a “Wrongful Use of the Code of Ethics,” the
Board of Ethics shall also consider the following, without limitation:
(1) The timing of the complaint with respect to when the facts
supporting the alleged violation became known or should have
become known to the complainant, and with respect to the date of
any pending election in which the respondent is a candidate or is
involved with a candidacy, if any;
(2) The nature and type of any publicity surrounding the filing of the
complaint, and the degree of participation by the complainant in
publicizing the fact that a complaint was filed with the Board of
Ethics;
(3) The existence and nature of any relationship between the
respondent and the complainant before the complaint was filed;
(4) If respondent is a candidate for election to office, the existence and
nature of any relationship between the complainant and any
candidate or group opposing the respondent.
(5) Any evidence that the complainant knew or reasonably should have
known that the allegations in the complaint were groundless; and
(6) Any evidence of the complainant’s motives in filing the complaint.
ARTICLE SIX: MISCELLANEOUS
Section One. Severability.
If any provision of this Ordinance is found by a court of competent jurisdiction to
be invalid or unconstitutional, or if the application of this Ordinance to any person or
circumstances is found to be invalid or unconstitutional, such invalidity or
23
unconstitutionality shall not affect other provisions or applications of this Ordinance
which can be given effect without the invalid or unconstitutional provision or application.
Section Two. Repealer.
All Ordinances or parts of ordinances in conflict herewith are held repealed,
including without limitation, the previously existing City of Milton Ethics Ordinance.
Section Three. Effective Date.
This Ordinance shall become effective immediately upon its passage by the
Mayor and Council of the City of Milton.
[SIGNATURES ON FOLLOWING PAGE]
24
This ______ day of _________________, 2008.
CITY OF MILTON, GEORGIA
BY: ____________________________
Mayor Joe Lockwood
_____________________________ ___________________________
Councilmember Karen Thurman Councilmember Tina D’Aversa
_____________________________ ___________________________
Councilmember Julie Zahner Bailey Councilmember Burt Hewitt
_____________________________ ___________________________
Councilmember Bill Lusk Councilmember Alan Tart
Attest:
______________________________
Jeanette R. Marchiafava, City Clerk
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Deleted: MILTON CITY COUNCIL¶
¶
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________________________________¶
Mayor Joe Lockwood¶
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Councilwoman Karen Thurman¶
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______________________
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Councilwoman Julie Zahner Bailey¶
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Councilman William C. Lusk¶
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Attest:¶
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______________________________¶
Milton City Clerk
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Dan Drake, Public Works Director
Date: September 18, 2008 for the October 6, 2008 Council meeting
Agenda Item: Canine Assistants Milton Trail Commitment Letter
Engineer Recommendation:
The Staff recommends the City accept the Milton Trail commitment letter from Canine
Assistants.
Background:
Land Disturbance Plans require a development permit. The Milton Trail Development
Standards are required when a development permit is applied for. Canine Assistants has a Land
Disturbance Permit for a new training building. The Milton Trail Development Standards
require that Canine Assistants dedicate right-of-way and install a section of the Milton Trail
along the property frontage.
Discussion:
The commitment letter states that Canine Assistants will comply with the Milton Trail
Development Standards by dedicating the required right-of-way by September 30, 2008 and
constructing the trail by September 1, 2010. Canine Assistants is asking for additional time to
acquire grant funding to construct the trail.
Attachments:
Canine Assistants Milton Trail Commitment Letter
Concurrent Review:
Community Development – Alice Wakefield
�% 1\
Canine Assistants
September 17, 2008
Daniel Drake
Director of Public Works, City of Milton
13000 Deerfield Parkway, Suite 107
Milton, Georgia 30004
Dear Mr. Drake:
Canine Assistants, Inc. ('Canine Assistants") is a non-profit organization set up to train
service dogs for people with physical disabilities, seizure conditions or other special needs.
In order to secure our private grants, it is imperative to move forward through the land
disturbance process, and as such, we are providing pledges of work to be done over the next
two years regarding the Milton Tail.
Please allow this to serve as a commitment letter from Canine Assistants to the City of
Milton regarding the construction and land dedication of the Milton Trail ("the Trail' } along
the length of the property (626.84 feet) currently owned by Canine Assistants at 3160
Francis Road, Milton, Georgia 30004.
Canine Assistants hereby agrees to the following items:
1. Dedicate the necessary estimated Right of Way by September 30, 2008 to the City of
Milton, as shown in Attachment A. The estimated Right of Way includes the
property necessary to place the Milton Trail on the outside of the existing drainage
ditch according to Figure B.2 of Appendix B of the Milton Trail Development
Standards ordinance adopted August 18, 2008.
2. Dedicate any additional Right of Way that may be required by the City at the time of
design for circumnavigating such trees that are reasonably deemed by the City to be
worth saving.
3. Construct the Trail along the entire property frontage (626.84 feet) by September 1,
2010 and further agrees to update the City of Milton of its progress in writing to the
Director of Public Works by September 1, 2009, according to the most current trail
standards adopted by the City. Our current understanding is: (1) the Trail is to be
not less than ten feet wide, (2) to be constructed of an ADA compliant gravel
material that provides a firm and stable surface and is suitable as an equestrian riding
trail as well as a pedestrian walkway (Le., Gravelpave material or other materials that
are approved by the City of Milton Director of Public Works), (3) the outside edge
of the Trail to be one foot inside the Right of Way, and (4) the existing fence that
3160 Francis Road - Milton, GR 30004 • (770) 664-7178
runs along the front property line shall be relocated to a point on our property no
more than three feet from the City Right of Way line.
4. If at any time prior to September 1, 2010, any piece of the Canine Assistants
property as shown in Attachment A is sold or transferred, the trail shall be
constructed at least 30 days prior to the sale or transfer of the property.
If there are any questions regarding this conunitment letter, please do not hesitate to contact
me at the address and telephone number shown below.
Sincerely yours,
Gary Arnold, CFD
Canine Assistants
3160 Francis Road
Milton, Georgia 30004
Included: Attachment A
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City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Dan Drake, Public Works Director
Date: September 18, 2008 for October 6, 2008 Council meeting
Agenda Item: Memorandum of Agreement for North Fulton CTP
Engineer Recommendation:
The Staff recommends the City of Milton’s participation the North Fulton Comprehensive
Transportation Plan by signing the Memorandum of Agreement.
Background:
The five North Fulton Cities (Alpharetta, John’s Creek, Milton, Roswell, and Sandy Springs)
agree and believe a regional transportation plan is vital to the area, because major congested
arterials are shared by those living, working and commuting through the North Fulton County
area. The North Fulton Comprehensive Transportation Plan (NFCTP) will identify area-wide
goals, needs, and priorities that will enhance each City’s character through transportation and
land use coordination.
Since June 2007, the five North Fulton Cities and a representative from ARC have met on
several occasions to discuss conducting a the NFCTP which is programmed in the 2008-2013
Transportation Improvement Plan (TIP) in FY 2009, with $1,000,000 Federal Surface
Transportation Program (STP) funds for North Fulton County. The cities desire to serve as a
team to identify potential solutions through the development of a regional transportation plan.
ARC will be the Project Manager with active participation at the technical and political levels by
city staff and leadership.
The Cities would share a percentage of the local cost based upon 2007 ARC population data to
determine the city’s percentage of the total North Fulton Population. The funding will be
required October 31, 2008 and Milton’s local share of $23,782 is included in the FY 2009 budget.
Discussion:
The objectives of the North Fulton Comprehensive Transportation Plan and the contents of the
Memorandum of Agreement were presented at the City Council work session on June 9, 2008.
The Cities of Alpharetta, Johns Creek and Sandy Springs have signed the agreements. Roswell
will be taking the agreement to council in late September.
Attachments:
Memorandum of Agreement for the North Fulton Comprehensive Transportation Plan
Concurrent Review:
Legal Review Ken Jarrard - Jarrard & Davis – August 28, 2008
Memorandum of Agreement
for
The Development of a North Fulton Comprehensive Transportation Flan
Among
the Cities of Alpharetta, Johns Creek, Milton, Roswell, and Sandy Springs
WITNESSETH:
WHEREAS, the Atlanta Regional Commission (ARC) is the Metropolitan Area Planning and
Development Commission for the ten (10 ) county Atlanta Region as defined by O.C.G.A 50-8-
82 G; and
WHEREAS, in accordance with O.C.G.A. 50-8-93 (e), ARC has the power and authority to
undertake such other planning functions within its area as may be assigned or delegated to the
commission by other agencies or boards, public or private, and for which the commission accepts
responsibility; and
WHEREAS, each of the cities of North Fulton County (Alpharetta, Johns Creek, Milton, Roswell
and Sandy Springs, hereinafter referred to as "the Cities") has requested that ARC manage the
planning and development of a Comprehensive Transportation Plan for North Fulton County and
ARC agrees to accept responsibility for management of the project.
NOW, THEREFORE, for and in consideration of the premises, the parties hereby agree as
follows:
SECTION 1: PURPOSE
This Memorandum of Agreement (MOA) is intended to provide a framework for continuing
cooperative and comprehensive planning and development of the North Fulton Comprehensive
Transportation Plan (NFCTP). The development of the NFCTP will be managed by Atlanta
Regional Commission (ARC) at the request of the Cities.
The NFCTP will be a program of goals, objectives, and strategies aimed at evaluating,
coordinating and making necessary recommendations for the regional transportation system and
land use assumptions for the Cities and the City of Mountain Park. This process is intended to
ensure that the area of North Fulton is coordinated in an effort to produce a Plan that will meet
the future projected demands related to land use and the regional transportation system. This
project will also involve the development of performance measures, the collection and analysis
of data as well as stakeholder input in various forms. The end result of this process will be a
comprehensive program of policies and/or projects that will include estimated costs and
timeframes for project implementation and any recommendations for needed coordination
beyond local jurisdictional boundaries.
SECTION 2: ORGANIZATIONAL ROLES AND RESPONSIBILITIES
North Fulton Comprehensive Transportation Plan Memorandum of -Agreement Page 1 of 8
A. ARC
Since ARC is not a party to this agreement, this section is for informational purposes only and
provides a common understanding of ARC's role by the five cities.
ARC shall be responsible for the following:
1. Provide overall coordination and management of the project.
2. Manage and conduct all planning activities associated with the project.
3. Be the recipient of any federal and local funding for all planning activities associated with
the project. (Estimate $1,000,000 federal and $250,000 local for a total of $1,250,000.)
4_ Award and manage any sub -contracts necessary to perform required planning associated
with the project.
5. Manage the project in accordance with all applicable state and federal laws and
regulations.
6. Provide periodic financial status reports to the Cities showing the obligation and
expenditure of funds.
The ARC has designated a Project Manager for the NFCTP. For the sake of continuity, it is
highly desirable to maintain the same Project Manager throughout the project.
B. Cities
The Cities shall be responsible for the following:
1. Assist ARC in the development of a scope of work for the project.
2. Provide funding for the project in accordance with each city's commitment, shown under
the "local match." column in the table on Attachment A: City Financial Commitments.
3. The Cities will have their funds, authorized by the local government, available to pay
their share of the local match to the Administrative City by October 31, 2005. The
Administrative City will pay the local match to ARC within 30 days after Federal funds
are encumbered, after ARC secures a GDOT funding agreement for Federal funds, and in
advance of ARC's incurring costs. There will be no refund of the local match after funds
are transmitted to ARC. Any funds paid in advance, for which ARC does not actually
incur the estimated costs, will be refunded to the Cities once the project is complete,
proportional to each city's share shown in Attachment A.
4. Appoint representatives to serve on Project Management Team and Stakeholders
Committee.
5. Mayors serve on the Project Policy Committee.
6. Provide other assistance as mutually agreed upon.
7. Acknowledging that the NFCTP has a regional focus, the Cities pledge to work together
toward mutually beneficial arrangements balancing mobility, land use, and quality of life
issues.
5. Review project documents and approve the project final document according to the
procedures laid out in Section 3.
North Fulton Comprehensive Transportalion Plan Memorandum ofAgreement Page 2 of 8
C. Administrative City
The Administrative City will be the main administrative point of contact with ARC and will
collect the local match from the other Cities and transmit it to ARC. The designated
Administrative City is the City of Johns Creek.
1. The Administrative City will collect the local match from the other cities and transmit it
to ARC.
2. The Administrative City will assist ARC with the project by encouraging input from the
other Cities and facilitating development of the Scope of Work with the PMT.
3. The Administrative City will share information it receives with the other Cities.
For the sake of continuity, it is highly desirable for the Administrative City to maintain the same
point of contact throughout the project.
D. City of Mountain Park
The City of Mountain Park is not a party to this agreement, so this section is for informational
purposes only, yet this is an agreement of the cities' understanding of its role within this planning
framework. Mountain Park will have a role in decision making for this study. The City will also
be part of the Stakeholders Committee. A representative from the City of Mountain Park will be
able to actively sit in on all Project Management Team and Policy Committee meetings and
freely provide input as the plan is developed.
SECTION 3: POLICY DEVELOPMENT AND COORDINATION
The project shall be conducted using three key groups to facilitate feedback, decisions and
communication: a Stakeholders Committee, a Policy Committee and a Project Management
Team.
• The Stakeholders Committee is the main group who will review large quantities of study
information, findings and recommendations presented by ARC and their the Consultant.
■ The Policy Committee will provide policy direction.
■ The Project Management Team will deal with contractual and project management
issues.
A Project management Plan will be developed to outline specific meetings and a project
schedule.
3.1 Stakeholders Committee (SC)
The involvement of a diverse set of stakeholders is essential to the successful development
of this project. The composition of the Stakeholders Committee (SC) should reflect each
City government and the City as a whole (including the City of Mountain Park),
representing the public's interests in formulating the NFCTP. The PMT will approve the
recommended committee structure, as proposed in the public participation plan, as defined
in the scope of services. The SC will consist of no more than dd people. The SC, at a
North Fulton Comprehensive Transportation Plan Memorandum ofAgreement Page 3 of 8
minimum, shall include City Council members, citizen's representatives, staff and board of
CIDs, transit operators, land use planners, chambers of commerce, GDOT, environmental
advocates, etc.
Half of the members of the SC will be proportional to the population for each city. For
example, if there are 40 people on the SC, 20 of them will be representatives from the
Cities.
ARC and their Consultant will meet with the SC periodically throughout the project
according to the Project Management Plan and present all of the significant findings and
recommendations of the NFCTP to the SC for their review and feedback. The SC will help
to shape the plan by providing input to the needs assessment and project recommendations,
including policy decisions where a consensus can be reached.
If the SC, after much discussion, reaches an impasse, they will refer a difficult issue to the
Policy Committee for resolution. The intent is to reach consensus on the plan, and the SC,
as a microcosm of the public, is the primary body for discussing and debating the elements
of the plan and for reaching a consensus that is representative of the public_
Decisions of the SC shall be made by majority vote. The SC will vote on the project
recommendations and will help to shape the project recommendations, but the SC will not
vote on the Draft Plan.
3.2 Policy Committee (PC)
The Policy Committee (PC) shall consist of the five Mayors, with the option of including a
sixth mayor. The PC will select the representatives to the Stakeholders Committee. The
PC may meet quarterly and shall provide policy direction to the PMT, interpret any areas
requiring policy clarification, and provide approval of the draft plan, in accordance with the
requirements of this section. The decision-making process shall be decided by the Policy
Committee, which may or may not include the vote of the Mayor of the City of Mountain
Park.
3.3 Project Management Team (PMT)
The PMT shall consist of one city staff member, appointed by the Mayor from each of the
five cities, plus the ARC Project Manager. The six member PMT shall:
• Provide project management input and guidance for the consultant and the ARC
Project Manager.
■ Refer difficult policy matters to the Policy Committee (PC), as provided by the
Stakeholders, along with any PMT positions or recommendations
■ With input from the CIDs and the City of Mountain Park, develop and recommend
the scope of services, by consensus vote.
■ With input from the CIDs and the City of Mountain Park, recommend the preferred
consultant for selection by ARC, to perform the scope of services (note: ARC will
have final selection authority)
North Fulton Comprehensive Transportation Plan Memorandum ofAgreement Page 4 of8
Decisions of the PMT shall be made by majority vote (4 out of 6 members).
The CIDs and the City of Mountain Paris will meet with the PMT to participate in scope
development and consultant selection, although they will serve in an advisory capacity and
will not vote on these items.
3.4 Approval of Draft Plan
The draft document as designated by the PMT shall be sent to the PC and requires four out
of five/six votes for approval by the PC.
3.5 Approval of Final Plan
The PC shall submit the approved dram plans to the five City Councils. A minimum of four
resolutions, from four of the five/six cities, accepting the draft report (that has been
approved by the PC) shall constitute final approval of the plan for ARC approval purposes.
SECTION 4: COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
ARC and the Cities shall comply with all applicable local, state, and federal laws and regulations.
Nothing in this MOA alters, or seeks to alter, the existing statutory authority of either party under
state or federal law. If any of the provisions of this MCA are held to be illegal, invalid or
unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 5: TIME OF PERFORMANCE, AMENDMENTS AND MODIFICATIONS
This agreement shall become effective upon execution by the Cities and remain in effect until the
completion of the project or termination by the parties as provided below.
Any City may terminate this Agreement upon sixty (60) days' written notice to the others,
provided that the City requesting termination has provided notice and sufficient opportunity for
remedy.
Any City may request changes to this MOA at any time by written notice to the other Cities
signatory of this agreement. Such changes as are mutually agreed upon by and between the
Cities shall be incorporated in written amendments to this MCA executed in the same manner as
original MOA approval. This Agreement may only be modified by an instrument in writing
executed by the Cities. Notwithstanding the foregoing, the Cities acknowledge that this
Agreement may be revised or refined from time to time during its term. The Cities agree to
cooperate with each other by executing such documents as may be necessary to evidence such
mutually agreeable modifications and refinements.
SECTION 6: NOTIFICATION
North Fulton Comprehensive Transportation Plan Memorandum of Agreement Page 5 of 8
Any official notifications between the parties to this MOA that would substantially affect the
terms or conditions of this MOA shall be directed to the office of the signatories to this
agreement.
North Fulton Comprehensive Transportation Plan Memorandum of Agreement Page 6 of$
In witness whereof, the parties hereto have executed this Memorandum of Agreement; this
day of 12008 -
City
2008.
City ofAlpharetta
Mayor
City of Johns Creek
Mayor
City of Milton
Mayor
CIty of Roswell
Mayor
City of Sandy Springs
Mayor
Attest:
Attest:
Attest:
Attest:
Attest:
1
North Fulton Comprehensive 'Transportation Plan Memorandum of Agreement Page 7 of 8
Attachment A: City Financial Commitments
North Fulton Comprehensive Transportation Plan
Federal
$1,000,000
Local
$250,000
Total
$1,250,000
Calculation Using ARC 2007 Population Estimates Per City
city
ARRC 2007
Population
% of Total
Population
Local Match
Alpharetta
52,045
17%
542,175
Johns Creek
57,793
19%
$46,833
Milton
29,347
10%
$23,782
Roswell
82,914
27%
867,191
Sandy Springs
86,404
28%
$70,019
Total
308,503
100%
$250,000
Local Match
$250,004
North Fulton Comprehensive Transportation Plan Memorandum of Agreement Page 8 of 8
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Dan Drake, Public Works Director
Date: September 18, 2008 for the October 6, 2008 Council meeting
Agenda Item: Revision to contract for additional services for NPDES Stormwater in 2008
Background:
In January 2008, the City of Milton was issued a Phase II Municipal Separate Storm Sewer
System (MS4) National Pollution Discharge Elimination System (NPDES) permit to discharge
stormwater into waters of the State of Georgia. As such, the City must meet specific program
operating goals and standards.
Discussion:
The increase the contract amount is for Additional Services for the City’s National Pollutant
Discharge Elimination System (NPDES) Phase II Municipal Separate Storm Sewer System (MS4)
Permit in accordance with the attached scope of services. The City of Milton must meet specific
program goals and standards for MS4 NPDES permit. The scope of service is through
September 30, 2008. The scope of services includes the following tasks:
1. Public education and outreach
2. Public involvement/participation
3. Illicit discharge and detection and elimination
4. Post-construction stormwater management
5. Pollution prevention/good housekeeping
6. Metropolitan North Georgia Water Planning District requirements
Attachments:
Revision to contract for additional services for NPDES Stormwater in 2008
Scope of Services
Request for Additional Services
Revision to Contract
AW
Revision Number
34986708282008
1000 Abernathy Road NE, Suite 1425
Revision Dated
08/29/2008
Project Number
349867.2008.01
Atlanta, GA 30328
Attn: Kurt Knapp/Sr. Procurement Manager
Page
1 of 7
Phone: 678/512.3100
Fax: 678/512-3399
City of Milton
Compensation
1. Amount of this Revision
$65,000
13000 Deerfield Pkwy, Suite 107D
Milton, GA Duluth, GA 30004
Lump Sum
Contact: City Manager
Tel: 678/242-2500
Contract: City Operations Services Additional Services for NPDES Stormwater in 2008
The following revisions are hereby made to the Contract identified by the date above:
City of Milton hereby increases the contract amount for Additional Services for the City's
National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Separate
Storm Sewer System (MS4) Permit in accordance with the attached Scope of Services
dated August 27, 2008.
Schedule: Services through September 30, 2008.
All other terms and conditions of the Contract remain unchanged.
City of Milton
City of Milton
Signed
Signed
By
By
Name and Title
Name and Title
City Manager
Finance Director
CHZM HILL„ Inc.
CH2M HILL, Inc.
Signed
Signed
By
by
Name and Title
Name and Title
Richard Hirsekorn/Program Director
Tami Harlin
Program Director
Scope of Services
Additional Services for Stormwater in 2008
City of Milton, Georgia
August 27, 2008
Purpose
This project will initiate and irnplement tasks to begin compliance the City's National Pollutant
Discharge Elimination System (NPDES) Phase II Municipal Separate Storm Sewer System
(M S4) Permit. The tasks in this project are necessary but not sufficient for the City to be in
compliance with their permit. Certain required permit elements not part of this scope that need
to be performed in 2008 and 2009 are:
■ Post -Development Detention Plan Assessment
■ Floodplain Mapping
■ Industrial Inspections.
The Scope of Services is through September 30, 2008. This effort is divided into six primary
tasks.
• Public Education and Outreach
• Public Involvement/ Participation
• Illicit Discharge and Detection and Elimination
• Post -Construction Stormwater Management
■ Pollution Prevention/ Good Housekeeping
• Metropolitan North Georgia Water Planning District Requirements
Background
In January 2008, the City of Milton was issued a Phase II Municipal Separate Storm Sewer
System {MS4} National Pollution Discharge Elimination System (NPDES) permit to discharge
stormwater into waters of the State of Georgia. As such, the City must meet specific program
operating goals and standards. Specific goals must be met in 6 key areas: public education and
outreach, public involvement/participation, illicit discharge detection and elim ination,
construction site stormwater runoff control, post -construction stormwater management and
pollution prevention/good housekeeping for municipal operations. In addition to these spec ific
NPDES permit requirements, the City is also required to meet the requirements of the
Metropolitan North Georgia Water Planning District (MNGWP D), which include industrial
inspections, completion of the MS4 inventory, flood plain mapping, and Total Maximum Daily
Load (TMDL) plan implementation.
A stormwater conveyance system consists of connected structures that collect s tormwater at
one or more locations and discharge it at a single outfall, typically to a stream or drainage
channel. The system's structures include pipes, manholes, catch basins, culverts, and open
channels. As part of the NPDES Phase II MS4 Permit, the City must develop and implement an
extensive nonpoint source pollution program described above.
Discharges of untreated and unmitigated stormwater to the separate storm sewer system
contribute to increased nonpoint source pollution and degradation of receiving waters. Nonpoint
source pollution is increased from spills, dumping and improper connections to the storm sewer
system from residential, industrial, commercial or institutional establishments. The impacts of
nonpoint source pollution and stormwater runoff adversely affect public health and safety,
drinking water supplies, recreation, fish and other aquatic life, property values and other uses of
lands and waters.
Project Scope
The City of Milton provided the following services and materials in support of this scope of work.
1. Printing of a minimum of 250 pamphlets described in Task 1.
2. Purchase of a minimum of 100 Storm Drain Markers as described in Task 2
CH2M Hill will complete the following tasks which are described below:
1. Public Education and Outreach
2. Public Involvement/ Participation
3. Illicit Discharge Detection and Elimination
4. Post -Construction stormwater Management
5. Pollution Prevention/ Good Housekeeping
8. Metropolitan North Georgia W ater Planning District Requirements
7, Program Management
All deliverables identified as a procedure or a report will be provided to City in electronic
Microsoft format with two paper copies. This additional scope of services is to address
stormwater services for the period through September 30, 2008. To continue the on-going
stormwater inventory and related services for period of October 2008 forward CH21VI HILL will
provide the City of Milton, at the request of the City, an additional scope of services and price.
TASK 1—Public Education and Outreach
Public education is an important part of a stormwater management program. Education efforts
include creating, printing, and distributing a pam phlet about stormwater pollution prevention.
Task 1 Deliverables include:
A. Design of stormwater pollution prevention pamphlets (The City will pay for printing of
a minimum of 250 pamphlets)
B. Distribution of a minimum of 250 parnphlets
TASK 2—Public Involvement/ Participation
Providing opportunities for public involvement is another significant component of a stormwater
program.
A storm drain marker procedure has been developed and w ill involve coordinating vol unteers
such as Boy Scouts, students and church group s to place identification markers on storm
drains. These markers will notify the reader that stormwater drains to streams. The program
will be developed with activities expected to continue in f uture years with future funding. This
program adapted and uses commercially available storm drain markers to reflect the City of
Milton. The City purchased a minimum of 100 storm drain markers. This specific program was
selected because it allows citizens to see the storm sewer system up close and gai n a better
understanding of the nature of stormwater pollution.
Streamside cleanup provides an opportunity for public involvement while cleaning up the area
along the side of a stream. By partnering with active environmental groups and providing trash
disposal services, the City can encourage the public to actively support the stormwater program.
A procedure was developed as a part of this task and will be coordinated with volunteers.
Task 2 Deliverables include:
A. Development of storm drain marker program procedure
B. Selection of storm drain markers
C. Assist purchasing staff with the purchase of storm drain markers
D. Development of a streamside cleanup procedure
E. Program management of storm drain marker placement and streamside clean-up
events
TASK 3—Illicit Discharge Detection and Elimination
Pollution reaches our stream in many ways. A program to visually identify these pathways,
visually identify the sources, and eliminate the source is necessary. The pathways can be
identified by creating a map of the system. Other methods to find pollution sources are by dry
weather screening and education of potential industrial polluters.
A preliminary inventory of the storm drainage structures within the right of way has been
performed.T he inventory indicates that there are 2,000 structures in the ROW. This information
will be used to begin to develop a map of city owned drainage system. The map will show
location of catch basins, pipes, and headwalls.
An inspection procedure for screening outfalls was developed. The procedure uses visual
methods and standard probe or standard laboratory testing if necessary. The procedure
includes a definition of a Municipal Storm Sewer System (MS4) outfall, how to identify it in the
field, which pollutants should be screened, and how to record the process.
In this task, potential polluters will be identified for education in future years of the risks of
stormwater pollution and for inspection of the facilities in future. It is estimated that there are
150 industrial facilities in Milton.
Task 3 Deliverables include:
A. Development of a dry weather screening procedure
B. Identification of potential polluters.
Task 4—Post-Construction Stormwater Management
An inspection and maintenance procedure f or the visual assessment of stormwater
management ponds/ Best Management Practices was developed. The assessment is by visual
inspection and no testing or modeling is preformed. The owner of the BMP will be notified of
any deficiencies found in an effort to have any deficiencies corrected. This method will be used
to evaluate and make recommendations for service requests received from owners of detention
facilities.
The MS4 permit requires that new developments be reviewed and inspected to insure that they
meet the minimum requirements of the Georgia Stormwater Management Manual to mitigate
the stormwater impacts of new development. As a part of this task, new development plans are
reviewed and the development sites are inspected to see that they comply with the City's post
construction stormwater management ordinance and design manual.
Task 4 Deliverables include:
A. Develop Stormwater Management Ponds visual inspection and maintenance
procedure
B. Stormwater Plan review to ensure that developments conform to requirements of the
Georgia Stormwater Management Manual.
C. Review plans and plan requirements with engineers and developers.
D. Perform final plat inspections to verify that development conform to requirement prior
to authorizing release of final plats and bonds.
TASK 5—Pollution Prevention/ Good Housekeeping
It is important for the City to set an example on how to prevent pollution as well as provide
education and en forcement. A visual assessment of the system to determine if the system is
clean and serviceable will be performed based on citizen service requests received. In this
task, an in-house training was developed to teach employees methods of preventing pollution.
The City has an excellent existing street cleaning program and waste disposal program that is
documented in procedures as part of the City's Pollution Prevention/ Good Housekeeping
practices. In addition a procedure was developed to describe how new and existing detention
ponds can be modified to improve water quality downstream of the facilities.
Task 5 Deliverables include:
A. Development of a stormwater system operation and maintenance proced ure.
B. Visual assessment of the system to determine if the system is clean and serviceable
based on citizen service requests received.
C. Development of a pollution prevention training p rocedure
D. Development of a street cleaning procedure
E. Development of a stormwater waste disposal procedure.
F. Development of a water quality assessment procedure for new and existing
detention ponds.
TASK 6—Metropolitan North Georgia Water Planning District
Requirements
In 2003, the Metropolitan North Georgia W ater Planning District t D i strict) created three
management plans that the City is required to follow. The plans are a District -Wide Watershed
Management Plan, a Long -Term Wastewater Management Plan, and a Water Supply and
Water Conservation Management Plan. The wastewater plan and the water plan require
coordination with Fulton County and the cities in surrounding North Fulton County. The
watershed plan requires future floodplain mapping, industrial inspections, water quality
monitoring, implementation of Total Maximum Daily Load (TMDL) Plans, implementation of
source water strategies, watershed improvement planning, and implementation of identified
projects. As a part of this task, Fulton County has been contacted to begin coordination efforts
that both the City and Fulton County are performing with respect to these plans.
For the water quality monitoring, it may be possible to negotiate w ith Fulton County such that
they will be responsible for most of the monitoring requirements since the City is now
responsible for the maintenance of the storm drainage system.
Task 6 Deliverables include:
A. Coordination with Fulton County on implementation of District's Long-term
Wastewater Management Plan
B. Coordination with Fulton County on implementation of District's Water Supply and
Water Conservation Management Plan
C. Coordination with Fulton County regarding District's Watershed Management Plan.
D. Attend meetings with other north Fulton cities to discuss District coordination issues.
TASK 7—Program Management
CH2M Hill is responsible for the supervision of the all of the MS4 permit conditions and District
requirements for the City of Milton. CH2M Hill is responsible for the implementation of specific
tasks as outlined above.
Task 7 Deliverables include:
A. Project Management
B. Submittal and approval of NPDES Phase II MS4 Permit by the Georgia Environmental
Protection Division.
C. Submittal and approval of responses to the Georgia Environmental Protection Division
Audit Checklist for Local Governments in the Metropolitan North Georgia Water Planning
District by the Georgia Environmental Protection Division.
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Dan Drake, Public Works Director
Date: September 18, 2008 for the October 6, 2008 Council meeting
Agenda Item: Agreement for Gravel Road Reconstruction
Engineer Recommendation:
The Staff recommends the City execute the Agreement with Blount Construction Company, Inc
for the Gravel Road Reconstruction.
Background:
The City of Milton opened a request for bids for a Gravel Road Reconstruction Contract in July
2008. The City has a program to grade and provide dust abatement to the 13 miles of gravel
roads, twice per year. These have been primarily a “surface” grade and compaction that corrects
minor imperfections in the road and creates a dust-free layer of compacted gravel. These twice-
yearly practices, however, do not reshape the preferred crown in the road, nor address ride-
related and other issues.
The objective of this Contract is to provide a comprehensive upgrade to 20% of the city’s gravel
roads (2.6 miles out of 13 miles). This upgrade is to include: Ditch shaping, Crown shaping,
Installation of asphalt aprons, Installation of new drainage pipes, Replacement of driveway
pipes, Cutting foliage, and Dust abatement application.
The City selected Blount Construction Company, Inc. as the lowest best responsible responsive
vendor.
Discussion:
This contract is for the “work” according to the items in the bid schedule. The line items in the
bid schedule are unit priced and a total amount per line item is based upon an estimated
quantity as identified in the scope of the project. The total project cost is $201,297.60
Attachments:
Agreement for Gravel Road Reconstruction
Exhibit “A” Request for Bid RFB 08-PW3
Exhibit “B” Proposal and Bid from Contractor August 21, 2008
Exhibit “C” Performance and other bonds
Exhibit “D” Plans and specifications
All written amendments and other documents amending contract document
Exhibit “H” City of Milton Code of Ethics
Concurrent Review:
Legal Review – Paul Higbee, Jarrard & Davis
`City of Milton
The City of Milton requires S 1% participation by the Prime Contractor on all projects.
This Agreement (the "Agreement") is made and entered into this day of
, 2008, by and between the CITY OF MILTON, a municipal corporation of
the State of Georgia, acting by and through its governing authority, the Milton City Council
(hereinafter referred to as the "City"), and BLOUNT CONSTRUCTION COMPANY, INC., a
Georgia corporation with its principal place of business located at 1730 SANDS PLACE
MARIETTA GA 30067 (hereinafter referred to as the "Contractor").
WITNESSETH:
WHEREAS, the City issued a Request For Bid (RFB 08-PW3), dated July 16th, to solicit
bids for Gravel Road reconstruction; and
WHEREAS, based upon Contractor's bid to construct and to install Gravel Roads
reconstruction, the City has selected Contractor as the winning bidder, and
WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement,
according to the terms and conditions provided in this Agreement; and
WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract
Documents, the Project, and the Work, with all local conditions and federal, state and local laws,
ordinances, rules and regulations in any manner that may affect cost, progress or performance of
work, and Contractor is aware that he must be licensed to do business in the State of Georgia.
NOW THEREFORE, the City and Contractor, in consideration of the mutual promises
contained herein and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, agree as follows:
Section I Contract Documents
The following documents are incorporated herein by reference and constitute the
Contract Documents:
A. This Agreement (l Pages);
B. Request For Bid RFB 08-PW3 , attached hereto as Exhibit "A";
C. Proposal and Bid from Contractor dated August 21",2008, attached hereto as
Exhibit "B";
D. Performance and Other Bonds, attached hereto collectively as Exhibit "C";
E. Plans and specifications, attached hereto collectively at Exhibit "D" (None)
F. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other
documents amending, modifying, or supplementing the Contract Documents if
properly adopted in writing and executed by the Parties; and
G. City of Milton Code of Ethics (Exhibit H).
Section 2--- Proiect Description
The Project is defined generally as follows: Gravel Roads Deconstruction.
Section 3 The Work
The Work is specified and indicated in the Contract Documents (the "Work"). The Work
previously described includes all material, labor, insurance, tools, equipment, and any other
miscellaneous items necessary to complete the Work as described. Contractor shall complete the
Work in strict accordance with the Contract Documents.
Section 4 Contract Time
This Contract shall take effect on . Contractor agrees to complete the
Project within 45 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 pairs unit prices, as stated in the bid schedule provide by Contractor and
attached hereto, multiplied by actual quantities provided to the City at the City's request. As
stated in the bid, the quantities stated in the bid schedule were only estimates. The unit prices in
the bid schedule will not increase based on a change in quantity of units actually requested by the
City. The City shall pay Contractor net thirty (30) days from the date of invoice for units
provided to the City during the invoice period; all invoices shall include an itemized list of units
provided and prices for each class of unit. No payments will be made for unauthorized work,
Upon the City's certification of Final Completion of the Project, an invoice should be submitted
to City of Milton 13000 Deerfield Parkway Suite 107G Milton, GA, 30004 for approval.
Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -
delivered.
Section 6Work Changes
A. The City reserves the right to order changes in the Work to be performed under
this Agreement by altering, adding to, or deducting from the Work. All such
changes shall be incorporated in written change orders executed by the Contractor
and the City. Such change orders shall specify the changes ordered and any
necessary adjustment of compensation and completion time. If the Parties cannot
reach an agreement on the terms for performing the changed work within a
reasonable time to avoid delay or other unfavorable impacts as determined by the
City in its sole discretion, the City shall have the right to determine reasonable
terms and the Contractor shall proceed with the changed work.
B. Any work added to the scope of this Agreement by a change order shall be
executed under all the applicable conditions of this Agreement. No claim for
additional compensation or extension of time shall be recognized, unless
contained in a written change order duly executed on behalf of the City and the
Contractor.
C. The City Manager has authority to execute without further action of the Milton
City Council, any number of change orders so long as their total effect does not
materially alter the terms of this Agreement or materially increase the total
amount to be paid under this Agreement. Any such change orders materially
altering the terms of this Agreement or increasing the total amount to be paid
under this Agreement in excess of $50,004, must be approved by resolution of the
Milton City Council.
Section. 7 Covenants of Contractor.
A. Ethics Code
Contractor agrees that it shall not engage in any activity or conduct that would be
in violation of the City of Milton Code of Ethics.
B. Time is of the Essence
Contractor specifically acknowledges that TIME IS OF THE ESSENCE for
completion of the Project.
C. Expertise of Contractor
Contractor accepts the relationship of trust and confidence established between it
and the City, recognizing that the City's intention and purpose in entering into this
Agreement is to engage an entity with the requisite capacity, experience, and
professional skill and -judgment to provide the services in pursuit of the timely and
competent completion of the Work undertaken by Contractor under this
Agreement.
D. Budgetary Limitations
Contractor agrees and acknowledges that budgetary limitations are not a
justification for breach of sound principals of Contractor's profession and
industry, Contractor shall take no calculated risk in the performance of the Work.
Specifically, Contractor agrees that, in the event it cannot perform the Work
within the budgetary limitations established without disregarding sound principals
of Contractor's profession and industry, Contractor will give written notice
immediately to the City,
E. City's Reliance on the Work
The Contractor acknowledges and agrees that the City does not undertake to
approve or pass upon matters of expertise of the Contractor and that; therefore,
the City bears no responsibility for Contractor's services performed under this
Agreement. The Contractor acknowledges and agrees that the acceptance of
Work by the City is limited to the function of determining whether there has been
compliance with what is required to be produced under this Agreement. The City
will not, and need not, inquire into adequacy, fitness, suitability or correctness of
Contractor's performance. Contractor further agrees that no approval of designs,
plans, specifications, or work by any person, body or agency shall relieve
Contractor of the responsibility for adequacy, fitness, suitability, and correctness
of Contractor's professional and industry standards or for performing services
under this Agreement in accordance with sound and accepted professional and
industry principals.
F. Contractor's Reliance of Submissions by the City
Contractor must have timely information and input from the City in order to
perform the services required under this Agreement. Contractor is entitled to rely
upon information provided by the City, but Contractor shall be required to
provide immediate written notice to the City if Contractor knows or reasonably
should know that any information provided by the City is erroneous, inconsistent,
or otherwise problematic.
G. Contractor's Representative
shall be authorized to act on Contractor's behalf with
respect to the Work as Contractor's designated representative.
H. Assignment of Agreement
The Contractor- covenants and agrees not to assign or transfer any interest in, nor
delegate any duties of this Agreement, without the prior express written consent
of the City.
I. Responsibility of Contractor and Indemnification of City
The Contractor covenants and agrees to take and assume all responsibility for the
services rendered in connection with this Agreement. The Contractor shall bear all
losses and damages directly or indirectly resulting to it on account of the
performance or character of the services rendered pursuant to this Agreement.
Contractor shall defend, indemnify and hold harmless the City, its officers,
boards, commissions, elected and appointed officials, employees and agents from
and against any and all claims, suits, actions, liability, judgments, damages,
losses, and expenses, including but not limited to, attorney's fees, which may be
the result of willful, negligent or tortuous conduct arising out of the Work,
performance of contracted services, or operations by the Contractor, any
subcontractor, anyone directly or indirectly employed by the Contractor or
subcontractor or anyone for whose acts the Contractor or subcontractor may be
liable, regardless of whether or not the negligent act is caused in part by a party
indemnified hereunder. Such obligation shall not be construed to negate,
abridge, or otherwise reduce any other right or obligation of indemnity which
would otherwise exist as to any party or person described in this provision. In any
and all claims against the City or any of its agents or employees, by any employee
of the Contractor, any subcontractor, anyone directly or indirectly employed by
the Contractor or subcontractor or anyone for whose acts the Contractor or
subcontractor may be liable, the indemnification obligation set forth in this
provision shall not be limited in any way by any limitation on the amount or type
of damages, compensation or benefits payable by or for the Contractor or any
subcontractor under workers' or workmen's compensation acts, disability benefit
acts or other employee benefit acts. This obligation to indemnify and defend the
City, its members, officers, agents, employees and volunteers shall survive
termination of this Agreement.
J. Independent Contractor
Contractor hereby covenants and declares that it is engaged in an independent
business and agrees to perform the services as an independent contractor and not
as the agent or employee of the City. The Contractor agrees to be solely
responsible for its own matters relating to the time and place the services are
performed; the instrumentalities, tools, supplies and/or materials necessary to
complete the services; hiring of Contractors, agents or employees to complete the
services; and the payment of employees, including compliance with Social
Security, withholding and all other regulations governing such matters. The
Contractor agrees to be solely responsible for its awn acts and those of its
subordinates, employees, and subcontractors during the life of this Agreement.
Any provisions of this Agreement that may appear to give the City the right to
direct Contractor as to the details of the services to be performed by Contractor or
to exercise a measure of control over such services will be deemed to mean that
Contractor shall follow the directions of the City with regard to the results of such
services only.
The Contractor shall obtain and maintain, at the Contractor's expense, all permits,
licenses, or approvals that may be necessary for the performance of the services.
The Contractor shall furnish copies of all such permits, licenses, or approvals to
the City of Milton Representative within ten (10) days after issuance.
Inasmuch as the City of Milton and the Contractor are contractors independent of
one another neither has the authority to bind the other to any third person or
otherwise to act in any way as the representative of the other, unless otherwise
expressly agreed to in writing signed by both parties hereto. The Contractor
agrees not to represent itself as the City's agent for any purpose to any party or to
allow any employee of the Contractor to do so, unless specifically authorized, in
advance and in writing, to do so, and then only for the limited purpose stated in
such authorization. The Contractor shall assume full liability for any contracts or
agreements the Contract enters into on behalf of the City of Milton without the
express knowledge and prior written consent of the City.
K. Insurance
(1) Requirements: The Contractor shall have and maintain in full force and
effect for the duration of this Agreement, insurance insuring against
claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the Work by the
Contractor, its agents, representatives, employees or subcontractors. All
policies shall be subject to approval by the City Attorney to form and
content. These requirements are subject to amendment or waiver if so
approved in writing by the City Manager.
(2) Minimum Limits of Insurance: Contractor shall maintain limits no less
than:
(a) Comprehensive General Liability of $1,000,000 combined single
limit per occurrence for bodily and personal injury, sickness,
disease or death, injury to or destruction of property, including loss
of use resulting there from.
(b) Comprehensive Automobile Liability (owned, non -owned, hired)
of $1,000,000 combined single limit per occurrence for bodily and
personal injury, sickness, disease or death, injury to or destruction
of property, including loss of use resulting there from.
(c) Professional Liability of $1,000,000 limit for claims arising out of
professional services caused by the Contractor's errors, omissions,
or negligent acts.
(d) Workers' Compensation limits as required by the State of Georgia
and employers Liability limits of $1,000,000 per accident.
(3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured
retentions must be declared to and approved by the City.
(4) Other Insurance Provisions. The policy is to contain, or be endorsed to
contain, the following provisions:
(a) General Liability and Automobile LiabiliLy 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.
(5) Acceptability of Insurers: Insurance is to be placed with insurers with an
A.M. Bests' rating of no less than A: VII.
(5) 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 (5) years after termination or final
payment under the Agreement, whichever is later.
(9) City as Additional Insured and Loss Payee: The City shall be named as an
additional insured and loss payee on all policies required by this
Agreement.
L. Employment of Unauthorized Aliens Prohibited
It is the policy of the City of Milton that unauthorized aliens shall not be
employed to perform work on City contracts involving the physical performance
of services. Therefore, the City shall not enter into a contract for the physical
performance of services within the State of Georgia, unless the Contractor shall
provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F"
that it and Contractor's subcontractors have within the previous twelve (12)
month period conducted a verification of the social security numbers of all
employees who will 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 perfornnance of services where more than three (3)
persons are employed on the City contract.
The City Manager or his/her designee shall further be authorized to conduct
periodic inspections to ensure that no City Contractor or Contractor's
subcontractors employ unauthorized aliens on City contracts. By entering into a
contract with the City, the Contractor and Contractor's subcontractors agree to
cooperate with any such investigation by making its records and personnel
available upon reasonable notice for inspection and questioning. Where a
Contractor or Contractor's subcontractors are found to have employed an
unauthorized alien, the City Manager or his/her designee may order the
Contractor to terminate or require its subcontractor to terminate that person's
employment immediately and to report same to the Department of Homeland
Security. The Contractor's failure to terminate the employee, or otherwise
cooperate with the investigation may be sanctioned by termination of the contract,
and the Contractor shall be liable for all damages and delays occasioned by the
City thereby.
Compliance with the requirements of Q.C.G.A. § 13-10-91 and Rule 340-10-1-.02
is mandatory.
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 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 a.C.G.A. § 13-10-91 and Rule
304-10-1-.02 shall be attested by the execution of the contractor's affidavit
attached as Exhibit "E."
The above: requirements shall be in addition to the requirements of State and
federal law, and shall be construed to be in conformity with those laws.
M. Records Reorts and Audits
(1) Records:
(a) Records shall be established and maintained by the Contractor in
accordance with requirements prescribed by the City with respect
to all matters covered by this Agreement. Except as otherwise
authorized, such records shall be maintained for a period of three
years from the date that final payment is made under this
Agreement. Furthermore, records that are the subject of audit
findings shall be retained for three years or until such audit
findings have been resolved, whichever is later.
(b) All costs shall be supported by properly executed payrolls, time
records, invoices, contracts, or vouchers, or other official
documentation evidencing in proper detail the nature and propriety
of the charges. All checks, payrolls, invoices, contracts, vouchers,
orders or other accounting documents pertaining in whole or in
part to this Agreement shall be clearly identified and readily
accessible.
(2) Reports and Information: Upon request, the Contractor shall furnish to the
City any and all statements, records, reports, data and information related
to matters covered by this Agreement in the form requested by the City.
(3) Audits and Inspections: At any time during normal business hours and as
often as the City may deem necessary, there shall be made available to the
City for examination all records with respect to all matters covered by this
Agreement. The Contractor will permit the City to audit, examine, and
make excerpts or transcripts from such records, and to audit all contracts,
invoices, materials, payrolls, records of personnel, conditions of
employment and or data relating to all matters covered by this Agreement.
N. Conflicts of Interest
Contractor agrees that it shall not engage in any activity or conduct that would
result in a violation of the City of Milton Code of Ethics.
C. Confidentiality
Contractor acknowledges that it may receive confidential information of the City
and that it will protect the confidentiality of any such confidential information and
will require any of its subcontractors, consultants, and/or staff to likewise protect
such confidential information. The Contractor agrees that confidential
information it receives or such reports, information, opinions or conclusions that
Contractor creates under this Agreement shall not be made available to, or
discussed with, any individual or organization, including the news media, without
prior written approval of the City. The Contractor shall exercise reasonable
precautions to prevent the unauthorized disclosure and use of City information
whether specifically deemed confidential or not.
P. Compliance with Laws Regulating_ Illegal Aliens
The United States Congress enacted the Immigration Reform and Control Act of
1986 (IRCA), P.L. 99-603, which required the former Immigration and
Naturalization Service (now the Department of Homeland Security) to establish a
system for verifying the immigration status of non -citizen applicants for, and
recipients of, certain types of federally funded benefits, and to make the system
available to Federal, State, and local benefit -issuing agencies and institutions that
administer such benefits.
The Contractor covenants and declares that it is enrolled in the Basic Employment
Verification Pilot Program, and that it has verified the employment eligibility of
all its employees utilizing such program. Contractor shall likewise require all
subcontractors or sub -consultants to verify the employment eligibility of all their
respective employees utilizing the Basic Employment Verification Pilot Program.
Contractor shall provide documentation prior to commencing work under this
Agreement, in a form acceptable to the City of Milton, affirming the Contractor's
compliance with this Section.
Q. Licenses Certifications and Permits
The Contractor covenants and declares that it has obtained all diplomas,
certificates, licenses, permits or the like required of the Contractor by any and all
national, state, regional, county, local boards, agencies, commissions, committees
or other regulatory bodies in order to perforin the services contracted for under
this Agreement. All work performed by Contractor under this Agreement shall be
in accordance with applicable legal requirements and shall meet the standard of
quality ordinarily expected of competent professionals.
R. Key Personnel
All of the individuals identified in Exhibit "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 shalt be solely responsible for any such subcontractors in
terms of performance and compensation.
S. Authoty to Contract
The Contractor covenants and declares that it has obtained all necessary approvals
of its board of directors, stockholders, general partners, limited partners or similar
authorities to simultaneously execute and bind Contractor to the terms of this
Agreement, if applicable.
T. Ownership of Work
All reports, designs, drawings, plans, specifications, schedules, work product and
other materials prepared or in the process of being prepared for the services to be
performed by the Contractor ("materials") shall be the property of the City and
the City shall be entitled to full access and copies of all such materials. Any such
materials remaining in the hands of the Contractor or subcontractor upon
completion or termination of the work shall be delivered immediately to the City.
The Contractor assumes all risk of loss, damage or destruction of or to such
materials. if any materials are lost, damaged or destroyed before final delivery to
the City, the Contractor shall replace them at its own expense. Any and all
copyrightable subject matter in all materials is hereby assigned to the City and the
Contractor agrees to execute any additional documents that may be necessary to
evidence such assignment.
U. Meetinizs
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. Pace -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 $_ Covenants of_the _City
A. Right of Entry
The City shall provide for right of entry for Contractor and all necessary
equipment to appropriate City of Milton Roads, in order for Contractor to
complete the Work.
B. City's Representative
Matt Fallstrom shall be authorized to act on the City's behalf with respect to the
Work as the City's designated representative
Section 9 Warranty
Except as may be otherwise specified or agreed, the Contractor shall repair all defects in
materials, equipment, or workmanship appearing within one year from the date of Final
Completion of the Project at no additional cost to the City. An inspection shall be conducted by
the City or its representative(s) near the completion of the one-year general warranty period to
identify any issues that must be resolved by the Contractor.
Section ld 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 termination
for convenience under the terms of this Section (A) above.
D. Upon termination, the Contractor shall: (1) promptly discontinue all services
affected, unless the notice directs otherwise; and (2) promptly deliver to the City
all data, drawings, reports, summaries, and such other information and materials
as may have been generated or used by the Contractor in performing this
Agreement, whether completed or in process, in the form specified by the City.
E. The rights and remedies of the City and the Contractor provided in this Section
are in addition to any other rights and remedies provided under this Agreement or
at law or in equity.
Section 11 Miscellaneous
A. Complete Agreement. This Agreement contains all of the understandings and
agreements of whatsoever kind and nature existing between the parties hereto
with respect to the subject matter contained herein.
B. Govemin2. Law. This Agreement shall be governed by and construed under the
laws of the State of Georgia.
C. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original, but all of which together shall
constitute one and the same instrument.
D. Invalidity of Provisions. Should any part of this Agreement for any reason be
declared by any court of competent jurisdiction to be invalid, such decision shall
not affect the validity of any remaining portion, which remaining portion shall
continue in full force and effect as if this Agreement had been executed with the
invalid portion hereof eliminated, it being the intention of the parties that they
would have executed the remaining portion of this Agreement without including
any such part, parts or portions which may for any reason be hereafter declared
invalid.
E. Notice. All notices requests, demands and other communications hereunder shall
be in writing and shall be deemed received, and shall be effective when personally
delivered or on the third day after the postmark date when mailed by certified
mail, postage prepaid, return receipt requested or upon actual delivery when sent
via national overnight commercial carrier to the parties at the addresses given
below, unless a substitute address shall first be furnished to the other parties by
written notice in accordance herewith:
NOTICE TO CITY shall be sent to:
City of Milton
Attn: City Manager
13000 Deerfield Parkway, Suite 107F
Milton, Georgia 30004
NOTICE TO CONTRACTOR shalt be sent to:
i7 3SIDS CAc it
M 0, �% VTFA GA 3oU(-`7
F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to
be a waiver of the City's sovereign immunity or any )individual's qualified good
faith or official immunities.
G. Force Maieure. Neither the City nor Contractor shall be liable for their respective
non -negligent or non -willful failure to perforin 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]
CONTRACTORS NAME:
By: __e
Its:
[CORPORATE SEAL]
SIGNED SEALED AND DELIVERED
In the prese e of:
it ss
'Notary Pulvv
[NOTARY SEAL]
My Commission Expires:
Notary Public Cobb County Georgia
0019-8610n ires February 23 2010
MILTON CITY COUNCIL:
Joe Lockwood, Mayor
[CITY SEAL]
SIGNED, SEALED, AND DELIVERED
In the presence of:
Witness
Notary Public
[NOTARY SEAL]
Mme' Commission Expires:
Secretary of Owner should attest
Give proper title of each person -executing affidavit. Attach seal as required.
Executed in Quadruplicate 3 of 4
Exhibit A
CITY OF MILTON
City of Milton INVITATION TO BID
(THIS IS NOT AN ORDER)
Lica Number:
Project Name:
08-PW3
GRAVEL ROADS RECONSTRUCTION
Due Date and Time:
City of Milton
August 21, 2008
Number of Pages: 54
Local Time: 2:04pm
13000 Deerfield Pkwy
ISSUING DEPARTMENT INFORMATION
Issue Date:
July 16, 2008
City of Milton
Public Works Department Phone: 678-242-2500
13000 Deerfield Pkwy, Suite 107G Fax: 678-242-2499
Milton, Ga. 30004 Website: www.Cityotmiltonga.us
INSTRUCTIONS TO BIDDERS
Return Submittal to:
Mark Face of Envelope/Package:
Bidder Phone Number:
Project Number: FY08-03
City of Milton
Bid Number: 08-PW3
Attn: Rick Pearce, Purchasing Office
Name of Company or Firm
13000 Deerfield Pkwy
Special Instructions:
Suite 107G
Milton, Ga. 30004
Deadline for Written Questions
August 1, 2008 @ 5:00PM
Pre -Submittal Conference
August 7, 2008 @ 2:00 PM
Location: Milton City Hall Council
Chambers/Court Room.
IMPORTANT: SEE STANDARD TERMS AND CONDITIONS
BIDDERS IaIVT T COMPLETE THE FOLLOWING
Bidder Name/Address:
Authorized Bidder Signatory:
(Please print name and sign in ink)
Bidder Phone Number:
Bidder FAX Number:
Bidder Federal I.D. Number:
Bidder E-mail Address:
BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE
TABLE OF CONTENTS
TABLEOF CONTENTS............................................................................................................................................2
1.0 DEFINITIONS.......................................................................................................................................................4
2.0 INVITATION TO BID..........................................................................................................................................5
3.0 SCHEDULE OF EVENTS....................................................................................................................................7
4.4 GRAVEL ROAD RECONSTRUCTION SCOPE..............................................................................................8
4.1 BACKGROUND......................""......._...................................................................................................................8
14.0 RESPONSE TO SECTIONS ...................... ................... •.................................................................................. 30
4.2 OBJECTIVE...........................................................................................................................
..............8
4.3 LOCATIONS OF RECONSTRUCTION AND PREFERRED CROSS SECTION............................................................8
SECTION 1 CONTRACT DOCUMENTS. .... - .... ... .............
4.4 SCOPE............................................................................
..........9
4.4.1 Ditch Shaping.----- .................. - ................... ........ .... - .... ................
......... .............. ... -- ...... --9
4.4.2 Crowle Shaping...........................................................................................................................................9
4.4.3 Asphalt Aprons on Each End....................................................................................................................9
4.4.4 Installation of New Drainage Pipes...........................................................................................................9
4.4.5 Driveway Pipes .......................•...--...--...-.....-..........................................................................................10
4.4.6 Cutting Foliage.........................................................................................................................................10
4.4.7 Dust Abatement........................................................................................................................................10
4.5 GENERAL PROVISIONS.....................................................................................................................................10
4.6 GENERAL NOTES:.............................................................................................................................................
I0
�_3U_�]_L►LEli.�il_Y;�:I�il.11-[fl► F�
5.1 SUBMITTAL REQUIREmENTS...........................................................................................................................12
5.2 INSURANCE REQUIREMENTS............................................................................................................................12
5.3 BONDING REQUIREMENTS...............................................................................................................................12
5.4 OATH ............................................................................ ........13
6.0 BID SCHEDULE.................................................................................................................................................14
7.0 SID FORM ........................................................................................................................................................... 16
8.0 QUALIFICATIONS SIGNATURE AND CERTIFICATION........................................................................18
9.0 LIST OF SUBCONTRACTORS........................................................................................................................19
10.0 BID PRICE CERTIFICATION.......................................................................................................................20
11.4 BID BOND.........................................................................................................................................................21
12.0 PAYMENT BOND............................................................................................................................................24
1.3.0 PERFORMANCE BOND.................................................................................................................................27
14.0 RESPONSE TO SECTIONS ...................... ................... •.................................................................................. 30
15.4 DISCLOSURE FORM......................................................................................................................................31
16.4 AGREEMENT...................................................................................................................................................32
SECTION 1 CONTRACT DOCUMENTS. .... - .... ... .............
........... ........ .......... ..................... ..... 32
SECTION 2 PROJECT DESCRIPTION..................................................................................................................33
SECTIONTnEWORK.....................................................................................................................................33
2
SECTION CONTRACTTBIE.... ........... ....... ............ ............... ..... - ........--.............--..--................................33
SECTION 5 CONTRACTOR'S COMPENSATION; TBIE AND METHOD OF PAYMENT.........................................33
SECTION 6 WORK CHANGES ..... ..... .............................................................................................................33
SECTION 7 COVENANTS OF CONTRACTOR...... .... ..... -- ...... ............................................... ..........
...... .... 34
SECTION 8 COVENANTS OF TBE CITY-............................................................................................................44
SECTION9 WARRANTY.....................................................................................................................................44
SECTION 10 TERMINATION............................................................................................................................44
SECTION 11 MISCELLANEOUS.......................................................................................................................45
EXHIBIT"E"........................................................................................................................................................48
EXHIBIT "F"... ............ ......................................................................................................................................
...44
3
1.0 DEFINITIONS
COMPW: City of Milton Public Works Department
GDOT: Georgia Department of Transportation
ENGINEER: City of Milton Director of Public Works or a duly authorized representative.
ADA: Americans with Disabilities Act
EA: Each
GAL: Gallon
LF: Lineal Feet
LS: Lump Sum
SY: Square Yard
TN: Ton
MUTCD: Manual on Uniform Traffic Control Devices
OSHA: Occupational Safety and Health Administration
FHWA: Federal Highway Administration
AASHTO: American Association of State Highway and Transportation Officials
4
2.0 INVITATION TO BID
CITY OF MILTON
The City of Milton is accepting sealed bids from qualified firms for a Gravel Roads
Reconstruction Project for the Public Works Department in conformance with Title 32, Chapter
4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in
accordance with Georgia Department of Transportation's (GDOT) Standard Drawings, Standard
Specifications, and Pay Items Index as standards and specifications for the construction and
completion of the work required. All bidders must comply with all general and special
requirements of the bid information and instructions enclosed herein. It is the bidder's
responsibility to periodically check the posted website for new information and potential
changes.
Sealed bids will be received no later than 2:00 PM Local Time on August 21, 2008. Sealed bids
shall be submitted to:
City of Milton
Attn: Rick Pearce, Purchasing Office
13000 Deerfield Pkwy
Suite 107G
Milton, Ga. 30004
At approximately 2:00 PM Local Time on August 21, 2008 bids will be opened and the
bidder's name and total bid amount will be publicly read aloud at.
City of Milton
13000 Deerfield Parkway
Courthouse
Milton, GA 30004
Bids received after the above time or in any other location other than the Purchasing Office will
not be accepted.
Bids shall be presented in a sealed envelope with the following information clearly marked on
the outside of the envelope:
Project Number: FY08-03
Bid number: 08-PW3
Name of the Company or Firm
ONE (1) ORIGINAL (PAPER) AND FOUR (4) COPIES (PAPER) AND A PDF COPY OF
THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally or by fax or
email. For questions, please email (preferred) Rick Pearce at rick.pearce@cityofmiltonga.us or
fax questions to 678-242-2499 Attn: Rick Pearce. Please refer to Bid number 08-PW3 and bid
name "Gravel Roads Reconstruction" when requesting information.
The City of Milton reserves the right to reject any or all bids and to waive technicalities and
5
informalities, and to make award in the best interest of the City of Milton.
The selected contractor must be able to start work within ten (10) calendar days after the "Notice
to Proceed" is issued. The time of completion for the project is forty five (45) calendar days
from the date of the "Notice to Proceed." Section 108.08 of the State of Georgia Department of
Transportation Standard Specifications Construction of Transportation Systems (current edition)
shall be applied.
6
3.0 SCHEDULE OF EVENTS
FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE
Event:
Release of AFB
Date:
7/16/2008
Deadline for Written Questions 8/1/2008 @ 5:00 PM
`Submit via E -Mail (preferred) or Fax to Rick Pearce of Purchasing Office
Pre -Submittal Conference
Pre -Submittal Conference Location
8171200$ @ 2:00 PM
City of Milton
Council Chambers/Court Room
13000 Deerfield Parkway
Suite 107E
Milton, GA 30004
For Directions, Call Rick Pearce @ 678-242-2511
City of Milton Addendum 8/12/2008
(Official answers to questions and potential changes to RFB. Addendum will be posted at the
same web locations as the RFB)
Bids due
8/21/2008 @ 2:0oPM
Bids are due to: City of Milton
Attn: Rick Pearce, Purchasing Office
13000 Deerfield Pkwy
Suite 107G
Milton, Ga. 30004
Contract Award (On/about) Week of 911/08
7
4.0 GRAVEL ROAD RECONSTRUCTION SCOPE
4.1 Background
The City has a program to grade and provide dust abatement to the 13 miles of gravel roads,
twice per year. These have been primarily a "surface" grade and compaction that corrects minor
imperfections in the road and creates a dust -free layer of compacted gravel. These twice -yearly
practices, however, do not reshape the preferred crown in the road, nor address nide-related and
other issues, which may include: improper drainage on the road, filled -up ditches, overgrowth of
foliage, wash -boarding or washing out of the road at poor drainage areas, gravel debris on the
paved surfaces immediately adjacent to the gravel roads and overflowing ditches.
4.2 Objective
The objective of this RFS is to provide a comprehensive upgrade to 20% of the city's gravel
roads (2.6 miles out of 13 miles). This upgrade is to include:
1. Ditch shaping
2. Crown shaping
3. Installation of asphalt aprons
4. Installation of new drainage pipes
5. Replacement of driveway pipes
6. Cutting foliage
7. Dust abatement application.
4.3 Locations of Reconstruction and Preferred Cross Section
The locatioDs for gravel road reconstruction include 4 of Milton's gravel roads. The roads
included are Brittle Road from Bethany Road to Redd Road, Summit Road from Freemanville
Road to Brittle Road, Cowart Road from Summit Road to barricade, and Nix Road from
Freemanville Road to SR 372.
Figure 1: Preferred Gravel Road Cross Section
PREFERRED GRAVEL ROAD CROSS SECTION
RIW OF WAY VARJES
AR1E5 25-70' 1' VME5 VARIES 1' 2S'a0' VARIES
31.1DESIRABLEI` 41 RULOPE
ONRAHIF FORESL6PE r1....•.�,y"' `3&r DESIRABLE
2.5'1 MAWUM 4:1 DESILULE DITCH DEPTH
T-5.1 MAXIMUM WK DEPTH 25:3 MAXWUM 7' MINIMUM 7.5:7 MAYJMUM
1' MINIMUMM 2.51 MAMMI IM
2.5' M.LA7ML3M
4.4 Scope
The contractor shall furnish all materials, equipment, and labor to complete the required
construction as described in its entirety to the specifications as directed and the terms of this
contract including all incidentals as directed by the City of Milton Director of Public Works or
his/her- representative. Unless otherwise specified all work shall be completed in accordance with
Georgia Department of Transportation Standard Specifications (current edition). The scope
consists of 7 tasks shown below.
4.4.1. Ditch Shaping
The ditches shall be excavated, as needed. The goal of the ditch shaping is to provide the
preferred ditch cross slopes as shown in Figure 1. Estimated quantities are based upon the
assumption that 75% of the ditches on both sides of the gravel roads will need to be excavated.
Erosion control measures shall be included in this task.
4.4.2 Crown Shaping
All of the gravel roadways will require shaping of the crown. This will require the addition of
new gravel driving surface material. The cross section shall be shaped according to Figure 2.
Estimated quantities are based upon 100% of the gravel roads being shaped and rocked at a depth
of 3 inches compacted. A grader with scarifier, large steel drum roller, water truck, grade -all, and
flail mower or equipment that is pre -approved by the City of Milton Public Works staff are
expected to be used. The Contractor shall reshape the roadway surface removing rutting,
potholes, and secondary ditches and where necessary scarify. The Contractor must insure the
roadway surface has a proper crown as per Figure 1, allowing water to exit the road to the open
ditch system.
4.4.3 Asphalt Aprons on Each End
A length of the gravel road will be overlaid with 3 inches of asphalt at each end. These asphalt
roadway sections will be drained using the ditches. The length and width of the end aprons vary
by location and are shown in Table 1.
Table 1: Estimated Asphalt Aoron Lengths
Road Name Aron Length ft Aron Width
Brittle Road at Bethany 225 _ _ 30
Brittle Road at Redd 125 J 39
Summit Road at Freemanville 135 30
Nix Road at Freemanville 105 41
Nix Road at SR 372 125 46
4.4.4 Installation of New Drainage Pipes
As directed by the engineer or field supervisor, the Contractor shall provide new cross -drain
pipes and headwalls. 1100 Nix Road driveway and 1325 Summit driveway may require
installation of driveway pipes. This may involve saw cutting back asphalt, laying and covering
pipe and constructing a concrete berm. New pipes may be required to run under Brittle near
intersection with Redd Road and at low point near 13720 and 13725 Brittle Rd.
4.4.5 Driveway Pipes
The Contractor- will blow out all driveway pipes that run along the ditch lines. As directed by the
engineer or field supervisor, the Contractor shall replace driveway pipes and/or headwalls. These
replacement locations are not known at this time, but will be directed in the field as needed.
4.4.6 Cutting Foliage
Many of the gravel roads have foliage, bushes, and other plants encroaching in the right-of-way.
Cutting foliage shall include trimming of the foliage along the Right of Way up to 14 feet and
mowing.
4.4.7 Dust Abatement
Contractor shall apply 37% calcium chloride at 0.30 gallons per square yard on the gravel roads.
4.5 General Provisions
1. The Contractor is subject to the following provisions:
2. All extra material or debris shall be removed and properly disposed from respective work
areas.
3. The escape of sediment shall be prevented by the installation of erosion and sediment
control measures and practices in accordance with Georgia Soil and Water Conservation
Commission (GSWCC).
4. The Contractor is responsible for the location above ground and underground utilities and
structures which may be affected by the gravel road reconstruction work.
5. All work performed shall be in accordance with the Georgia Department of
Transportation Standard Specifications Construction of Transportation Systems.
6. The Contractor shall adhere to all current State, Federal, and OSHA construction safety
regulations.
7. The Contractor shall conform to MUTCD and the Georgia Department of Transportation
standards for traffic control.
8. The Contractor shall submit a proposed Traffic Control Plan for approval to the City of
Milton Department of Public Works before starting any work. All construction signs and
devices will be in new condition and meet the latest GDOT requirements. All flaggers
must be GDOT Certified. Traffic Control will include flagging and covering areas along
the site area that may present safety issues with pedestrians.
9. The Contractor must maintain a safe work zone for their employees, pedestrians, and
vehicular transportation.
10. The finished product of each roadway section will be inspected and approved by the City.
11. The Contractor shall secure a water meter from Fulton County for water use on the
project. All water used on the project must be from a metered source_
4.6 General Notes:
The contractor is responsible for calling ,for utility locations prior to the start of each
work. It shall be the contractor's responsibility to coordinate his work with any utility
owner whom maybe in conflict with his work. No claims will be considered for extra
compensation.
10
2. Any item which must be removed during the construction work and is not specially called
for shall be removed by the contractor. The cost shall be included in other unit price bid.
No claims will be considered for extra compensation.
3. All traffic control shall be provided by the contractor.
4. It is the intent of this contract for each unit price bid to include all labor, materials,
equipment, tools, transportation, and supplies as required as necessary to complete the
work in accordance with the plans, specifications as directed, and the terms of this
contract.
5. City reserves the right to extend the unit price for use on other roadways.
The general descriptions of each item of work are as described in the Georgia Department of
Transportation's standards and specifications, complete and accepted. Any conflicts which
might occur during the course of the construction work or any conflicts which might be related
to the compensation of any work shall be decided based on the Georgia DOT's standards and
specifications. No claims will be considered for extra compensation.
***NOTICE TO CONTRACTORS`**
EPD AIR QUALITY RULES ON OPEN BURNING REFER TO:
CHAPTER 391-3-1-42-05
For additional/information, please contact:
Georgia Department of Natural Resources
Environmental Protection Division
Air Protection Branch
4244 International Parkway, Suite 120
Atlanta, GA 30354
4041363-7000; 4041362-2534 — FAX
ll
5.0 BIDDING INSTRUCTIONS
5.1 Submittal Requirements
FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS WILL RESULT IN THE
BID BEING DEEMED NON-RESPONSIVE AND AUTOMATICALLY REJECTED:
1. City Bid Schedule (Section 6.0)
2. City Bid Form (Section 7.0)
3. Qualifications Signature and Certification (Section $.0)
4. List of subcontractors (Section 9.0)
5. Bid Price Certification (Section 10.0)
6. Bid Bond (Section 11.0)
7. Response to Sections (Section 14.0)
S_ Disclosure Form (Section 15.0)
9. Applicable Compliance Specifications Sheets
10. Applicable Addenda Acknowledgement
5.2 Insurance Requirements
Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor
shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies
doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to
the City. Insurance requirements are specified in the CONTRACT AGREEMENT (Section 17.0
Section 7 K) below.
5.3 BondirnjZ Requirements
Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms
are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City
of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project
strictly within the terms and conditions stated in this bid and in the bidding and contract
documents, should the construction contract be awarded.
The Successful Bidder shall be required to furnish bonds for the faithful PERFORMANCE on
the contract and a hand to secure PAYMENT of all claims for materials furnished and/or labor
performed in performance of the project, both in amounts equal to one hundred percent (100%)
of the contract price.
Bonds shall be issued by a corporate surety appearing on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to do business in the State of Georgia.
Bonds shall be on the forms provided by the City and subject to the review and approval of the
City Attorney.
Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners
shall execute Bond.
12
5.4 Oath
Prior to commencing the Work, the successful bidder shall execute a written oath as required by
O.C.G.A. §§ 32-4-122 and 35-91-21(e).
13
6.0 BID SCHEDULE
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
ITEM
NUMBER
ITEM
DESCRIPTION
UNITS
ESTIMATED
QUANTITY
UNIT
PRICE
TOTAL
AMOUNT
159-1099
Traffic Control
LS
1
$
$
(Unit Price in Words)
Miscellaneous construction, roads, streets
231-1209
and driveways - Ditch Shaping
LF
20,815
$
$
(Unit Pries in Words)
Miscellaneous construction, roads, streets
231-1200
and driveways - Trim folige
LF
14,200
$
$
(Unit Price in Words)
Miscellaneous construction, roads, streets
231-1200
and driveways - Pipe cleanout
LS
-
1
$
$
(Unit Price in Words)
Miscellaneous construction, roads, streets
231-1200
and driveways - Dust Abatement
GAL
8870
$
$
(Unit Price in Words)
318-3000
Aggregate Surface Course _
TN
4,900
$
$
(Unit Price in Words)
Recycled Asphalt Concrete 9.5 MM Type
E including Bituminous Material & H Lime
402-3131
3 in for Apron _
TN
471
$
$
(Unit Price in Words)
14
550-1180
Storm drain pipe, 18 IN, H 1-10 - Replace
existing driveway pipes
LF
$ $
_
(Unit Price in Words)
550-1180
Storm drain pipe, 18 IN, H 1-10 - New
driveway pipes
LF
(Unit Price in Words)
550-1180
Storm drain pipe, 18 IN, H 1-10 - New road
crossing pipes
LF
(Unit Price in Words)
556-3318
Safety end section 18 IN, storm drain 4:1
slope
EA
(Unit Price in Words) '
603-1012
Sin Plain Rip Rap, 12 IN
TN
(Unit Price in Words)
15
200 $_._. _ .. _ $
100 $ $.
50 $ $
2
$ $
50
$ $
TOTAL BID AMOUNT $
Bid in
7.0 BID FORM
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
To: City of Milton
Purchasing Office
13040 Deerfield Pkwy
Suite 107G
Milton, Ga. 30004
Ladies and Gentlemen:
In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder,
proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary
machinery, tools, apparatus, other means of construction, and all materials and labor specified in
the Contract Documents or as necessary to complete the Work in the manner therein specified
within the time specified, as therein set forth, for:
Gravel Road Reconstruction
Bid Number 08-PW3
The Bidder has carefully examined and fully understands the Contract, Specifications, and other
documents hereto attached, has made a personal examination of the Site of the proposed Work,
has satisfied himself as to the actual conditions and requirements of the Work, and hereby
proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full
conformance with the Contract Documents.
Unless otherwise directed, all work performed shall be in accordance with the Georgia
Department of Transportation Standard Specifications, Construction of Transportation Systems
(current edition). All materials used in the process of completion of the work included in the
Contract will be furnished from Georgia Department of Transportation certified suppliers only.
It is the intent of this Bid to include all items of construction and all Work called for in the
Specifications, or otherwise a part of the Contract Documents.
In accordance with the foregoing, the undersigned proposes to furnish and construct the items
listed in the attached Bid schedule for the unit prices stated.
The Bidder agrees that the cost of any work performed, materials furnished, services provided or
expenses incurred, which are not specifically delineated in the Contract Documents but which
are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been
included in the prices bid for the various items scheduled.
The Bidder further proposes and agrees hereby to promptly commence the Work with adequate
forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to
15
complete all Work within forty-five (45) calendar days from the Notice to Proceed.
Attached hereto is an executed Bid Bond
in the amount of
Dollars ($ (Five Percent of Amount Bid).
If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a
satisfactory contract in the, form of said proposed Contract, and give satisfactory Performance
and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten
days from the date of Notice of Award of the Contract, then the City of Milton may, at its
option, determine that the undersigned abandoned the Contract and there upon this bid shall be
null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of
Milton as liquidated damages.
Bidder acknowledges receipt of the following addenda:
Addendum No
Date viewed
Bidder further declares that the full naive and resident address of Bidder's Principal is as
follows:
Signed, sealed, and dated this day of
Bidder Mailing Address:
By:
Title -
By:
Title:
17
Bidder
(Seal)
Company Name
8.0 QUALIFICATIONS SIGNATURE AND CERTIFICATION
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
I certify that this offer is made without prior understanding, agreement, or connection with any
corporation, firm, or person subnrUitting a proposal for the same materials, supplies, equipment, or
services and is in all respects fair and without collusion or fraud. I understand collusive bidding
is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage
awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign
this proposal for the proposer. I further certify that the provisions of the Official Code of
Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and
Sections 45-10-20 et seq. have not been violated and will not be violated in any respect.
Authorized Signature
Print/Type Name
Print/Type Company Name Here
ate
CORPORATE CERTIFICATE
I, , certify that I am the Secretary of the Corporation
named as Contractor in the foregoing bid; that
who signed said bid in behalf of the Contractor, was then (title)
of said Corporation; that said bid was duly signed for and in behalf of said Corporation by
authority of its Board of Directors, and is within the scope of its corporate powers; that said
Corporation is organized under the laws of the State of
This
(Signature)
day of , 20
tSeal)
18
9.4 LIST OF SUBCONTRACTORS
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
I do , do not , propose to subcontract some of the work on this project. I
propose to Subcontract work to the following subcontractors:
Company Name:
10.0 BID PRICE CERTIFICATION
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
In compliance with the attached Specification, the undersigned offers and agrees that if this Bid
is accepted, by the City Council within Sixty (60) days of the date of Bid opening, that he will
furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item,
delivered to the designated point(s) within the time specified in the Bid Schedule.
COMPANY
ADDRESS AUTHORIZED
SIGMA
PRINT 1 TYPE NAME
20
11.0 BID BOND
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
CITY OF MILTON, GEORGIA
BIDDER (Name and Address):
SURETY (Name and Address of Principal Place of Business):
OWNER (hereinafter referred to as the "City" (Name and Address) :
City of Milton, Georgia
ATTN: Rick Pearce, Purchasing Office
13000 Deerfield Parkway, Suite 107G
Milton, Georgia 30004
BID
BID DUE DATE:
PROJECT (Brief Description Including Location):
DATE (Not later that Bid due date):
PENAL SUM:
(Words)
(Figures)
INWITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City,
subject to the terrus printed below or on the reverse side hereof, do each cause this Bid Bond to
be duly executed on its behalf by its authorized officer, agent or representative.
BIDDER
(Seal)
Bidder's Name and Corporate Seal
B v:
Signature and Title:
SURETY
(Seal)
Surety's Name and Corporate Seal
B v:
Signature and Title:
(Attach Power of Attorney)
Attest: Attest:
Signature and. Title: Signature and Title:
21
Note: (1) Above addresses are to be used for giving any notice required by the terms
of this Bid Bond.
(2) Any singular reference to Bidder, Surety, the City or any other party shall
be considered plural where applicable_
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum
set forth on the face of this Bond.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required
by the Bidding Documents (or any extension of that time agreed to in writing by the City) the
executed Agreement required by the Bidding Documents and any performance and payment
Bonds required by the Bidding Documents.
This obligation shall be null and void if:
3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the
Bidding Documents (or any extension of that time agreed to in writing by the
City) the executed Agreement required by the Bidding Documents and any
performance and payment Bonds required by the Bidding Documents; or
3.2 All Bids are rejected by the City; or
3.3 The City fails to issue a Notice of Award to Bidder within the time specified in
the Bidding Documents (or any extension of that time agreed to in writing by
Bidder and, if applicable, consented to by Surety when required by paragraph 5
hereof).
4. Payment under this Bond will be due and payable upon Default by Bidder within 34
calendar days after receipt by Bidder and Surety of a written Notice of Default from the City,
which Notice will be given with reasonable promptness and will identify this Bond and the
Project and include a statement of the amount due.
5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time
extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that
the total time, including extensions, for issuing a Notice of Award shall not in the aggregate
exceed 1.20 days from Bid due date without Surety's written consent.
6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after
the Notice of Default required in paxagraph 4 above is received by Bidder and Surety or later
than one year after Bid due date.
7. Any suit or action under this Bond shall be commenced only in a court of competent
jurisdiction located in the State of Georgia.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their
respective addresses shown on the face of this Bond. Such notices may be sent by personal
delivery, commercial courier or by United States Registered or Certified Mail, return receipt
requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party
concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney
22
evidencing the authority of the officer, agent or representative who executed this Bond on behalf
of Surety to execute, seal and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any applicable
requirement of any applicable statute that has been omitted from this Bond shall be deemed to be
included herein as if set forth at length, If any provision of this Bond conflicts with any
applicable statute, then the provision of said statute shall govern and the remainder of this Bond
that is not in conflict therewith shall continue in full force and effect.
11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the
particular circumstances.
12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia.
23
12.0 PAYMENT BOND
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT (as
CONTRACTOR, hereinafter referred to as the "Principal"), and
(as
SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held
and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the
"County"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of
Dollars ($ ), lawful money of the United States of America, for the payment of
which the Principal and the Contractor's Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered, or is about to enter, into a certain written
agreement with the County, dated , which is incorporated herein by reference
in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project
known as , (hereinafter referred to as "the
PROJECT").
NOW THEREFORE, the condition of this obligation is such that if the Principal shall
promptly make payment to any Claimant, as hereinafter defined, for all labor, services and
materials used or reasonably required for use in the performance of the Contract, then this
obligation shall be void; otherwise to remain in full force and effect.
A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership,
corporation or other entity furnishing labor, services or materials used or reasonably required for
use in the performance of the Contract, without regard to whether such labor, services or
24
materials were sold, leased or rented, and without regard to whether such Claimant is or is not in
privity of the Contract with the Principal or any Subcontractor performing Work on the Project.
In the event of any claim made by the Claimant against the County, or the filing of a Lien
against the property of the County affected by the Contract, the Contractor's Surety shall either
settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in
the Contract.
The Parties further expressly agree that any action on this Bond may be brought within
the time allowed by Georgia law for suit on contracts under seal_
IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed
their corporate seals and caused this obligation to be signed by their duly authorized officers on
this day of , 20
[SIGNATURES ON FOLLOWING PAGE]
25
AtteSt:
Title:
Date:
Attest:
Title:
Date:
(Name of Principal)
Title: (SEAL)
(Name of Contractor's Surety)
IC
Title: (SEAL)
(ATTACH SURETY'S POWER OF ATTORNEY)
26
13.0 PERFORMANCE BOND
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT (as
CONTRACTOR, hereinafter referred to as the "Principal"), and (as
SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held
and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the
"County"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of
Dollars ($ ), lawful money of the United States of America, for the payment of which
the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered, or is about to enter, into a certain written
agreement with the County, dated the of , 20 _ which is incorporated
herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the
construction of a project known as
(hereinafter referred to as "the PROJECT"),
NOW THEREFORE, the conditions of this obligation are as follows:
1. That if the Principal shall fully and completely perform each and all of the terms,
provisions and requirements of the Contract, including and during the period of
any warranties or guarantees required thereunder, and all modifications,
amendments, changes, deletions, additions, and alterations thereto that may
hereafter be made, and if the Principal and the Contractor's Surety shall
indemnify and hold harmless the County from any and all losses, liability and
27
damages, claims, judgments, liens, costs and fees of every description, including
but not limited to, any damages for delay, which the County may incur, sustain or
suffer by reason of the failure or default on the part of the Principal in the
performance of any and all of the terms, provisions and requirements of the
Contract, including all modifications, amendments, changes, deletions, additions,
and alterations thereto and any warranties or guarantees required thereunder, then
this obligation shall be void; otherwise to remain in full force and effect;
2. In the event of a failure of performance of the Contract by the Principal, which
shall include, but not be limited to, any breach of default of the Contract:
a. The Contractor's Surety shall commence performance of its obligations
and undertakings under this Bond no later than thirty (30) days after
written notice from the County 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 County.
The Contractor's Surety hereby waives notice of any and all modifications, omissions,
additions, changes and advance payments or deferred payments in or about the Contract, and
agrees that the obligations undertaken by this Bond shall not be impaired in any manner by
reason of any such modifications, omissions, additions, changes, and advance payments or
deferred payments. The Parties further expressly agree that any action on this Bond may be
brought within the time allowed by Georgia law for suit on contracts under seal.
IN WITNESS WHEREOF, the principal and Contractor's Surety have hereunto affixed
their corporate seals and caused this obligation to be signed by their duly authorized officers or
28
attorneys -in -fact, this day of 20
Attest:
Title:
Date:
Attest:
Title.
Date:
(Name of Principal)
I:
Title: (SEAL)
(Name of Contractor's Surety)
Title:
(ATTACH SURETY'S POWER OF ATTORNEY)
29
14.0 RESPONSE TO SECTIONS
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
Please review and initial that the sections and subsections have been read and that the Bidder will
comply with the sections.
INITIAL
1.0 DEFINITIONS.................................................................................
READ AND WILL COMPLY
1.0 DEFINITIONS.................................................................................
READ AND WILL COMPLY
2.0 INVITATION TO BID.......... ..........................................................
READ AND WILL COMPLY
3.0 SCHEDULE OF EVENTS..............................................................
READ AND WILL COMPLY
4.0 GRAVEL ROAD RECONSTRUCTION SCOPE ........................
READ AND WILL COMPLY
4.1 SCOPE
4.2 LOCATIONS AND DESCRIPTIONS
4.3 GENERAL NOTES:
5.0 BIDDING INSTRUCTIONS..........................................................
READ AND WILL COMPLY
5.1 SUBMITTAL REQUIREMENTs
5.2 INSURANCE REQUIREMENTS
5.3 BONDING REQUIREMENTS
5.4 OATH
6.0 BID SCHEDULE.............................................................................
READ AND WILL COMPLY
7.0 BID FORM.......................................................................................
READ AND WILL COMPLY
8.0 QUALIFICATIONS SIGNATURE AND CERTIFICATION ....
READ AND WILL COMPLY
4.0 LIST OF SUBCONTRACTORS....................................................
READ AND WILL COMPLY
10.0 BID PRICE CERTIFICATION ...................................................
READ AND WILL COMPLY
11.0 BID BOND.....................................................................................
READ AND WILL COMPLY
12.0 PAYMENT BOND........................................................................
READ AND WILL COMPLY
13.0 PERFORMANCE BOND.............................................................
READ AND WILL COMPLY
14.0 PROJECT MAINTENANCE BOND ...........................................
READ AND WILL COMPLY
15.0 RESPONSE TO SECTIONS ........................................................
READ AND WILL COMPLY
16.0 DISCLOSURE FORM..................................................................
READ AND WILL COMPLY
17.0 AGREEMENT...............................................................................
READ AND WILL COMPLY
18.0 GENERAL CONDITIONS...........................................................
READ AND WILL COMPLY
30
15.0 DISCLOSURE FORM
CITY OF MILTON
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
This form is for disclosure of campaign contributions and family member relations with
City of Milton officials/employees.
Please complete this form and return as part of your Bid package when it is submitted.
Name of Bidder
Name and the official position of the Milton Official to whom the campaign contribution
was made (Please use a separate form for each official to whom a contribution has been
made in the past two (2) years.)
List the dollar amount/value and description of each campaign contribution made over the
past two (2) years by the Applicant/Opponent to the named Milton Official.
Amount[Value Description
Please list any family member that is currently (or has been employed within the last 9
months) by the City of Milton and your relation:
31
F.XHIRTT "F"
STATE OF GEORGIA
CITY OF MILTON
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. §
13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with
the City 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 "1." Contractor further agrees to maintain records of such compliance
and provide a copy of each such verification to the City of Milton at the time the subcontractor(s)
is retained to perform such service.
EEV 1 Basic Pilot Program User Identification Number
BY: Authorized Officer or Agent Date
(Contractor Name)
Title of Authorized Officer or Agent of Contractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
DAY OF , 200_
Notary Public
My Commission Expires:
48
STATE OF GEORGIA
EXHIBIT 'I ,
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A.
§ 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the
physical performance of services under a contract with (name of contractor) on behalf of the City
of Milton has registered with and is participating in a federal work authorization program, in
accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91.
EEV 1 Basic Pilot Program User Identification Number
BY. Authorized Officer or Agent Date
(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 1200 _
Notary Public
My Commission Expires:
49
17.0 GENERAL CONDITIONS
Unless otherwise directed, all work performed under this contract shall be in accordance with the
Georgia Department of Transportation Standard Specifications, Construction of Transportation
Systems (current edition), and Special Provisions modifying them, except as noted below.
SECTION 101 DEFINITION AND TERMS
Section 101.14 Delete as written and substitute the
COMMISSIONER following:
DIRECTOR OF TRANSPORTATION,
CITY OF MILTON
Section 101.22 Delete as written and substitute the
DEPARTMENT following:
TRANSPORTATION DEPARTMENT
CITY OF MILTON
Section 101.24 Delete as written and substitute the
ENGINEER following:
DIRECTOR OF TRANSPORTATION,
CITY OF MILTON, ACTING DIRECTLY
OR THROUGH A DULY AUTHORIZED
REPRESENTATIVE OF THE DIRECTOR
Section 141.84 Add: DIRECTOR OF TRANSPORTATION
CITY OF MILTON
SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS
Section 102.05 EXAMINATION OF PLANS, Add the following paragraph:
SPECIFICATIONS, SPECIAL PROVISIONS,
AND SITE OF THE WORK "The City will not be responsible for
Bidders' errors or misjudgment, nor for any
information on local conditions or general
laws and regulations."
Section 102.07 REJECTION OF Add the following subparagraphs
PROPOSALS
"I. The City reserves the right to reject any
and all bids, to waive technicalities, and to
make an award as deemed in its best
interest. It is understood that all bids are
made subject to this Agreement, that the
City reserves the right to award the bid to
50
Section 1.02.08 PROPOSAL
GUARANTY
Add Section 102.15
ADDENDA AND INTERPRETATION
Section 102.09
DELIVERY OF PROPOSALS:
51
the lowest, responsible Bidder, and in
arriving at this decision, full consideration
will be given to the reputation of the Bidder,
his financial responsibility, and work of this
type successfully completed.
"J. The City also reserves the right to reject
any and all bids from any person, firm, or
corporation who is in arrears in any dela or
obligation to The City of Milton, Georgia."
Substitute the following for the first sentence
"No bid will be considered unless it is
accompanied by an acceptable bid bond an
amount not less than five percent (5%) of
the amount bid and made payable to City of
Milton, Georgia. Such Bid Bond shall be on
the forms provided by the City."
Delete in its entirety and substitute the
following:
"Bids must be submitted in duplicate in a
sealed envelope of sufficient size with the
following clearly typed or printed on the
outside:
Purchasing Division, City of Milton
Bid for Construction
Bid Number
Date and Hour of Bid Opening
Company Name
License # (if appropriate)
Bids shall be submitted on the Bid Form
provided by the City.
The bid package as described in Notice to
Contractors, Page 1-1 must be submitted
with the bid. Failure to do so could result in
the omission of pertinent documents and the
rejection of the apparent low bid."
Add the following as 102.15:
"No interpretation of the meaning of the
Contract Documents will be made orally to
SECTION 103
Section 103.02 AWARD OF CONTRACT
Section 103.05 REQUIREMENTS OF
CONTRACT BONDS
Section 103.07 FAILURE TO
EXECUTE CONTRACT
52
any Bidder. Any request for such
interpretation should be in writing addressed
to the Purchasing Department, The City of
Milton 13000 Deerfield Pkwy., Suite 197G
Milton, Ga. 30004. TEL. 67$1242-2500,
FAX 6781242-2499.Each such interpretation
shall be given in writing, separately
numbered and dated, and furnished to each
interested Bidder. Any request not received
in time to accomplish such interpretation
and distribution will not be accepted.
AWARD OF AWARD AND
EXECUTION OF CONTRACT
Delete in its entirety and substitute
the following:
"The contract, if awarded, shall be awarded
to the lowest responsible bidder_ The City of
Milton reserves the right to exercise
exclusive discretion as to the responsibility
of any bidder.
The contract shall be executed on the forms
attached, will be subject to all requirements
of the Contract Document, and shall form a
binding Contract between the contracting
parties."
Delete in its entirety and substitute the
following:
"At the time of the execution of the contract,
and as a part thereof, the successful bidder
shall furnish Contract Bond Below:
Performance Bond in the full amount of the
contract. Payment Bond in the full amount
of the contract. Maintenance bond in the
amount of one-third (113) of the contract. "
Delete in its entirety and substitute the
following:
"Failure to execute the Contract
Performance, Payment or Maintenance
Bonds, or furnish satisfactory proof of
carriage of the insurance required within ten
days after the date of Notice of Award of the
Contract, may be just cause for the
annulment of the award and for the
forfeiture of the proposal guaranty to the
City of Milton, not as a penalty, but as
liquidation of damages sustained. At the
discretion of the City, the award may then
be made to the next lowest bidder, may be
re -advertised, or may be constructed by City
forces. The Contract and Contract bonds
shall be executed in quadruplicate."
SECTION 107 LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC
Section 107.1$ ACQUISITION OF
RIGHT OF WAY
Section 107.21 CONTRACTORS
RESPONSIBILITY FOR UTILITY
PROPERTY AND SERVICE
SECTION 109
Section 109.07 PARTLAL PAYMENTS
53
Add the following paragraph:
"The Contractor shall inspect all easements
and rights-of-way to ensure that the City has
obtained all land and rights-of-way
necessary for completion of the Work to be
performed pursuant to the Contract
Documents. The Contractor shall comply
with all stipulations contained in easements
acquired by the Department."
Add the following sentence to
Paragraph A:
"The Contractor is responsible for the
location of above and below ground Utilities
and structures which may be affected by the
Work."
MEASUREMENT AND PAYMENT
Delete the first sentence of the
Second Paragraph under `A. General"
As long as the gross value of completed
work is less than 50% of the total Contract
amount, or if the Contractor is not
maintaining his construction schedule to the
satisfaction of the Engineer, the Department
shall retain 10% of the gross value of the
work that has been completed as indicated
by the current estimate certified by the
Engineer for payment.
Section 109.08 FINAL PAYMENT Delete in its entirety and substitute
the following.
"Final Payment: Upon completion by the
Contractor of the work, including the receipt
of any final written submission of the
Contractor and the approval thereof by the
Department, the CITY will pay the
Contractor a sum equal to 100 percent
(100%) of the compensation set forth herein,
less the total of all previous partial
payments, paid or in the process of payment.
The Contractor agrees that acceptance of
this final payment shall be in full and final
settlement of all claims arising against the
CITY for work done, materials furnished,
costs incurred, or otherwise arising out of
this Agreement and shall release the CITY
from any and all further claims of whatever
nature, whether known or unknown for and
on account of said Agreement, and for any
and all work done, and labor and materials
furnished, in connection with same."
54
,tet City of Milton
,L
ACKNOWLEDGEMENT
RECEIPT OF ADDENDUM #1
ITB 0S-PW3
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: 678-242-2500
Fax: 578-242-2499
Entail: rick. pearce@citvofmilton xa.us
This must be received by the purchasing office before the due date
I hereby acknowledge receipt of documents pertaining to the above referenced RIiB.
COMPANY NAME:
CONTACT PERSON:
ADDRESS:
CITY: STATE: ZIP:
PHONE:
EMAIL ADDRESS:
FAX:
Signature Date
ADDENDUM #1
ITB #08-PW3
Written/Pre-submittal conference questions submitted and City of Milton answers:
QUESTION
ANSWER
The cross section has been removed as a part of this
What is the city's intention as the
addendum. There will be field changes as needed
1
fence on Nix Rd & Freemanville falls
and determined by the field inspector. The ditch
within cross section?
shaping, if needed shall be between the edge of
gravel road surface and any fixed objects such as
that fence.
2
Are the ditches classified or
The intent of the ditch shaping is not to a depth that
unclassified?
rock exploration would be needed prior to hid.
The intent of the ditch shaping is not to a depth that
3
Can we go out now and explore (dig)
rock exploration would be needed prior to bid. If
to check for rock?
exploration is desired, a ROW encroachment may be
obtained from the city to perform exploration.
What is going to be done with any
There will not be clearing outside of the right of way.
4
fencing or homeowner
The ditch shaping shall be between the edge of
improvements that have been made
gravel road surface and fixed objects. This may
in the right of way?
involve field changes by the field inspector.
Will there be a change order to do
There will not be a change order involving
5
the work involving homeowner
homeowner improvements in the ROW.
p
improvements in the ROW?
What will be the minimum width of
The cross section has been removed as a part of this
6
the roadway as there isn't enough
addendum. The existing road width will not change.
room to do the typical as proposed?
The ditch shaping, if needed shall be between the
edge of gravel road surface and any fixed objects
There were no trees over 2" caliper noted for removal
Will the contractor be responsible for
in the city`s field exploration of these roads. If
7
tree removal over 2" caliper?
needed, the contractor is responsible for tree
removal and a line item has been added to the Bid
Schedule for tree removal.
There will not be clearing outside of the right of way.
8
Has city informed the property
The ditch shaping shall be between the edge of
owners of any tree removal?
gravel road surface and fixed objects. This may
involve field changes by the field inspector.
9
Who will be responsible for the NCI?
The City shall submit the NO for the project.
1 Q
Who will provide the erosion control
An Erosion control pian will not be required but
plan?
Contractor shall adhere to GSWCC BMP.
11
Who is responsible for Grassing the
The Contractor is responsible for any grassing
FLOW?
needed within the ROW
The pipe that is specified calls for
storm drain per DOT storm drain
Driveway pipes shall be side drain GMP aluminized
12
must be RCP pipe if this is changed
and pipes under the road shall be storm drain RCP,
to side drain we could use CMP is
see updated Section 4.4 and updated Bid Schedule
the city willing to change this item?
13
What do we do with the rock once
Contractor is responsible for waste removal and
I
we cut ditches?
disposal.
14
CMP pipe, for side drains, do you
Use GOT Standard Specifications RCP storm drain
64'
have specifications?
550-1180, OMP side drain 550-2180
Summit Road from Brittle to Cowart
Will the City use Alpharetta standard
Use GDOT Standard Specifications RCP storm drain
15
or Fulton County standard for pipe
550-1180, CMP side drain 550-2180
materials?
The City will provide estimated quantities of Erosion
& Sediment Control (E&SC) on the Bid Schedule.
Are you going to leave erosion
The implementation of E&SC measures will be
16
control up to the contractor?
determined by field inspector and Local Issuing
Authority (LIA). There will be a preconstruction
meeting with Contractor, Inspector and LIA to
discuss E&SC measures.
17
Will you provide a place to price
Check dams will be used and there are line items in
items like silt fencing?
the updated Bid Schedule
18
How wide is the right -of way on all of
See updated Section 4.3 Table 1
p
the roads in the bid?
Have you told the homeowners
The homeowners have not been formally told about
19
about the process?
the process but will be notified prior to the project
starting.
20
❑o the homeowners have any
specific stipulations that the
There are no homeowner stipulations that we are
contractor needs to satisfy?
aware of at this time.
DELETE SECTION 4.3 AND REPLACE WITH:
4.3 Locations of Reconstruction
The locations for gravel road reconstruction include 4 of Milton's gravel roads. The roads
included are Brittle Road from Bethany Road to Redd Road, Summit Road from Freemanville
Road to Brittle Road, Cowart Road from Summit Road to barricade, and Nix Road from
Freemanville Road to SR 372.
Table 1: Existing Right of Way Widths
Road Name
ROW Width
Brittle Road
64'
Cowart Road
60'
Summit Road from Brittle to Cowart
60'
Surnmit Road from Cowart to Freeinanville
30'
Nix Road
30'
DELETE SECTION 4.4 AND REPLACE WITH:
4.4 Scope
The contractor shall furnish all materials, equipment, and labor to complete the required
construction as described in its entirety to the specifications as directed and the terms of this
contract including all incidentals as directed by the City of Milton Director of Public Works or
his/her representative. Unless otherwise specified all work shall be completed in accordance with
Georgia Department of Transportation Standard Specifications (current edition). The scope
consists of 7 tasks shown below.
4.4.1 Ditch Shaping
The ditches shall be excavated to maintain stormwater flow off the gravel road surface and
within the ditch. The existing centerlines of the ditches along the gravel roads shall remain as
they are currently and the ditches shall be shaped to maintain stormwater flow. The actual ditch
shaping should involve creating a drainage ditch between the edge of the gravel road surface and
the nearest fixed object. The desired ditch foreslope is 4:1 and backslope is 3:1 with a desired
ditch depth of one foot. Estimated quantities are based upon the assumption that 50% of the
ditches on both sides of the gravel roads will need to be excavated. Erosion control measures
shall be included in this task. Estimated quantities for erosion control measures are included in
the 6.0 Bid Schedule.
4.4.2 Crown Shaping
All of the gravel roadways will require shaping of the crown. This will require the addition of
new gravel driving surface material. The cross section shall be shaped with a crown and a cross
slope of 112" to 314" per foot. Estimated quantities are based upon 100% of the gravel roads
being shaped and rocked at a depth of 3 inches compacted. A grader with scarifier, large steel
drum roller, water truck, and flail mower or equipment that is pre -approved by the City of Milton
Public Works staff are expected to be used. The Contractor shall reshape the roadway surface
removing rutting, potholes, and secondary ditches and where necessary scarify. The Contractor
must insure the roadway surface has a proper- crown as per Figure 1, allowing water to exit the
road to the open ditch system.
4.4.3 Asphalt Aprons on Each End
A length of the gravel road will be overlaid with 3 inches of asphalt at each end. These asphalt
roadway sections will be drained using the ditches. The length and width of the end aprons vary
by location and are shown in Table 2.
Table 2: Estimated Asphalt Apron Lengths
Road Name
Aron Length ft
A ren Widths ft
Brittle Road at Bethany
125
30
Brittle Road at Redd
125
39
Summit Road at Freemanville
135
30
Nix Road at Freemanville
105
41
Nix Road at SR 372
125
46
4.4.4 Installation of New Drainage Pipes
As directed by the engineer or held supervisor, the Contractor shall provide new cross -drain
pipes and headwalls. 13745 Brittle Road and 1130 Nix Road driveways require installation of
CMP driveway pipe, which may involve saw cutting back asphalt, laying and covering pipe and
constructing a concrete berm. A new 18" RCP pipe is required at low point near 13720 and
13725 Brittle Rd. The existing 18" metal pipe under Brittle at a low point near intersection with
Redd Road needs to be replaced with a 24" RCP pipe. This may also involve lowering the pipe
and routing ditch flow to this point.
4.4.5 Driveway and Cross Drain Pipes
The Contractor will blow out all driveway pipes that run along the ditch lines and all cross drain
pipes that run under the road. As directed by the engineer or field supervisor, the Contractor shall
replace CMP driveway pipes, RCP cross drain pipes and/or headwalls. These replacement
locations are not known at this erne, but will be directed in the field as needed.
4.4.6 Cutting Foliage
Many of the gravel roads have foliage, bushes, and other plants encroaching in the right-of-way.
Cutting foliage shall include trimming of the foliage along the Right of Way up to a vertical
height of 14 feet and mowing. The Right of Way shall be cleared of any additional obstacles
such as large rocks as well.
4.4.7 Dust Abatement
Contractor shall apply 37% calcium chloride at 0.30 gallons per square yard on the gravel roads.
Two additional passes of dust abatement will be needed on a steep grade and superelevated
section of Nix road around the address of 1130 Nix Road.
DELETE SECTION 4.5 AND REPLACE WITH:
4.5 General Provisions
The Contractor is subject to the following provisions:
1. All extra material or debris shall be removed and properly disposed from respective work
areas.
2. The escape of sediment shall be prevented by the installation of erosion and sediment
control measures and practices in accordance with Georgia Soil and Water Conservation
Commission (GSWCC),
3. The Contractor shall be responsible for providing and installing all erosion and sediment
control measures.
4. The Contractor is responsible for the location aboveground and underground utilities and
structures which may be affected by the gravel road reconstruction work.
5. All work performed shall be in accordance with the Georgia Department of
Transportation Standard Specifications Construction of Transportation Systems.
6. The Contractor shall adhere to all current State, Federal, and OSHA construction safety
regulations.
7. The Contractor shall conform to MUTCD and the Georgia Department of Transportation
standards for traffic control.
8. The Contractor shall subunit a proposed Traffic Control Plan for approval to the City of
Milton Department of Public Works before starting any work, All construction signs and
devices will be in new condition and meet the latest GDOT requirements. All f]aggers
must be GDOT Certified. Traffic Control will include flagging and covering areas along
the site area that may present safety issues with pedestrians.
9. The Contractor must maintain a safe work zone for their employees, pedestrians, and
vehicular transportation.
10. The finished product of each roadway section will be inspected and approved by the City.
11. The Contractor shall secure a water meter from Fulton County for water use on the
project. All water used on the project must be from a metered source.
12. During the preconstruction meeting, the City will identify the signs that need to be
removed for this project. The City shall remove the identified signs along the roads. The
signs will be put back by the City at the completion of the project.
DELETE 6.0 BID SCHEDULE AND REPLACE WITH:
6.0 BID SCHEDULE
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
ITEM
NUMBER
ITEM
DESCRIPTION
ESTIMATED UNIT
UNITS QUANTITY PRICE
TOTAL
AMOUNT
150-1000
Traffic Control
LS
1 $
$
(Unit Price in Words)
Miscellaneous construction, roads, streets
231-1200
and driveways - Ditch Shaping
LF
13,875$
$
Linn Price in Words
Miscellaneous construction, roads, streets
231-1200
and driveways_- Trim foliage
LF
14,200$
$
Unit Price in Words
Miscellaneous construction, roads, streets
231-1200
and driveways - Pipe cleanout
LS
20$
(Unit Price in Words)
Miscellaneous construction, roads, streets
231-1200
and driveways - Dust Abatement m�
GAL.
10,000$
$
(Unit Price in Words)
318-3000
Aggregate Surface Course
TN
4,900$
$ _
(Unit Price in Words)
Recycled Asphalt Concrete 9.5 MM Type F
including Bituminous Material & H Lime 3 in
402-3131
far Apron _ _ _
TN
471 $
_$
(Unlit ri
t Pce in Words)
Side drain pipe, 18 1N, H 1-10 - Aluminized -
550-2180 Replace existing driveway pipes LF
(Unit Price in Words)
550-2180
Side drain pipe, 18 IN, H 1-10 - Aluminized -
New driveway pipes
LF
Unit Price in Words
550-1180
Storm drain pipe, 18 IN, H 1-10 - New road
crossing pipe
LF
(Unit Price in Words)
550-1180
Storm drain pipe, 18 IN, H 1-10 - Replace
road crossing pipe
LF
(Unit Price in Words)
550-1240
Storm drain pipe, 24 IN, H 1-10 - Rep]ace
and upgrade road crossing pipe
LF
(Unit Price in Words)
550-3418
Safety end section 18 IN, side drain 4:1
slope
EA
(Unit Price in Words)_
163-0530
Construct and remove baled straw erosion
check
EA
(Uni; Price in Words)
163-0232
Temporary Grassing
AC
Unit Price in Words
100$
100 $ $
25$
25$
25$
2$
15$
2$ $
603-1012 Stn Plain Rip Rap, 12 IN TN 60$
(Unit Price in Words)
Tree removal for trees over 2" Caliper EA 1 $
Unit Price in Wards
TOTAL BID AMOUNT $
otal Bid in Words
Exhibit B
CITY OF MILTON
-i City of MilianINVITATION TO LID
(THIS IS NO'r AN ORDER)
laid Number; Project Name:
08_PW3 GRAVEL ROADS RECONSTRUCTION
Due Date and Time:
August 21, 2100$ Number of Pages: 54
Local Time: 2:00pm
ISSUING DEPARTIVENT INFORIOATI
Issue. Date-.
July 16, 2008
City of Milton
Public Works Department
13000 Deerfield PkNvv, Suite 1070.
Milton, Ga. 30044
INSTRUC`T'IONS TO BIDDERS
Return Submittal to:
City of Milton
Attu: Rick Pearce, Purchasing Office
13000 Deerfield Pkwy
Suite 10?G
maton, Ga. 30004
IMPOWrANI"'. SEE SFANDARI) ERMS
Phone: 678-242-2500
Fax: 678-242-2499
Website: WWW.Cityofmiltonga.us
Mark Face of EnvelopeJPacka9c:
Project Number: FY08-03
Bid Number: 08-PW3
Name of Company or Firm
Special instrilet.ionr•:
Deadline for Written Questions
August 1, 2008 @ S:OOPM
Pre-Subrnittai Conference
August 7, 2008 @ 2:00 PM
Location: Milton City Hall Council
Chambers/Court Room
BIDI?GRs mus -r c0IMPI.I;TE TIIE I OLf "'Y'VI rU
Bidder NamelAddre55:=�horjized Bid er Signatory:
Da{eronauer
asa• ; /S � a��...-a
Bidder Phone Nu6iber Bidder FA's Number
s X33 -7?z' ---q
Bidder Federal I.D. Number: Bidder E-mail Address:
' d 4 �` Cep ti► �,{ �ti !
�4yv�. e►� �aN
BTDDE.RS MUST RETURN TILTS COVE ST[I--ETW TTI I BID RESPONSE
cY-r,6O•». Ca..,_
DELETE 6.0 BID SCHEDULE AND REPLACE WITH:
6.0 BID SCHEDULE
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
ITEM ITEM ESTIMATED LIMT TOTAL_
NUMBER DESCRIPTION UNITS QUANTITY PRICE AMOUNT
150-1009 Traffic Control LS 1 $STG5 0..a
llnd Price in Words
Miscellaneous construction, roads, streets
231-1200 and driveways - Ditch Shaping
LF
Unit Pricy in Words
Miscellaneous construction, roads, streets
231-1200 and driveways - Trim foliage_
LF
Unit Price in Wards
r
Miscellaneous construction, roads, streets
231-1200 and driveways - Pipe cleanout
Unit Price in Words)
LS
o.� tan "
Mlscell'aileous construction. roads, streets
231-1200 and driveways --Dust Abatement
GAL
Unit Price in Words
:I: l F'
318-3000 Aq rc,�e . ate Surface Course
TN
llnil Pam in Words
Recycled Asphalt Concrete 9.5 MM iypa F
including Bituminous Material & H Lime 3 in
402-3131 for Apron - TN
Und Price in Words}
t_ �..—._..._...,._..._..
13,875$ 1 $- 1 F s:(. Z.l!�-
14,200 C> "f Sj o
10,000
4,900 $ 11= -4 $ LL, -? r. Ucz-1
Side drain pipe, 18 IN, H 1-10 - Aluminized -
550-2180 Replace exislingdriveway_pipes_LF
Unit Price in Nlords
Are + V
550-2180
Side drain pipe, 18 IN, H 1 -10 - Aluminized -
New driveway pis
LF
�
(Unit Price it Words)_
550-1180
Storm drain pipe, 18 IN, H 1.10 - New road
crossinq pipe
L.F
(Unit Price in Words)
550-1180
Storm drain pipe, 18 IN, H 1-10 - Replace
road crossing pipe
LF
Unit t e in Words
550-1240
Storm drain pipe, 24 IN, H 1-10 - Replace
and upgrade road crossing pi2e
LF
(Unit Price in Wordt)
_
t� o
550-3418
Safety end section 18 1N, side drain 4:1
slope
EA
(Unit Price in Wards)
Q � sr �'Lfz� � I t�•�> L7.��
.
163-053]
Construct and remove baled straw erosion
check
EA
Unit Price in Words
163-0232 Tempyr_ary Grassing AC
Unit Price in Words) T_
0 ^165 7 (Y'V t S ri r
+
100 $.i!'�
25$
25$ �•6-1, $
15 $ i_ elS�g -2, t -
2 1q3>- Z�rC�.%,a
603.1012 Stn Plain Rip Rap, 12 IN TN
unit t'IkLe if WOrC1x7 - -'
Tree removal for trees over 2" Caliper EA
Urns Price ki Words
D a❑
TOTAL BID AMOUNT
atal Bid irs Wflrds
rcaa
7.0 BID FORM
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
To: City of Milton
Purchasing Office
I3000 Deerfield Pkivv
Suite 107G
Milton, Ga. 30004
Ladies arta Gentlemen:
In compliance with your Invitation To laid, the undersigned, hereinafter termed the Bidder,
proposes to enter Into a Contract with the City of Milton, Georgia, to provide the necessary
machinery, tools; apparatus, other means of construction, and all materials and labor specified in
the Contract Documents or as necessary to complete the Work in the manner therein specified
within the time specified, as therein set forth, for:
Gravel Road Reconstruction
Bid Number 08-PW3
The Bidder has carefully examined and fully understands the Contract, Specifications, and other
docu€vents hereto attached, has made a personal examination of the Site of the proposed Work,
has satisfied himself as to the actual conditions and requirements of the Work, and hereby
proposes and a-grees that if his hid is accepted, he will contract with the City of Milton in full
conformance with the Contract Documents.
Unless otherwise directed, all work perfornied shall be in accordance with the Georgia
Department of Transportation Standard Specifications, Construction of Transportation Systems
(current edition). All materials used in the process of completion of the work included in the
Contract will be Furnished f-rom Georgia Department ol" ransportation certified suppliers only.
It is the intent of this Bid to include all items of construction and all Work called for in the
Specifications, or otherwise a part of the Contract Documents.
In accordance with the foregoing, the undersigned proposes to furnish and construct the items
fisted in the attached Bid schedule for the unlit prices stated,
The Ridcler agrees that the cost of any work performed, materials furni,,hcd, services provided or
expenses incurred, which are not specifically delineated in the Contract Documents but which
are incidental to the scope, intent. and completion of the Contract. shall be deemed to have been
included in the prices hid for the various items scheduled.
The Bidder furt_hcr proposes and agrees hereby to promptly commence the Werk with adequate
forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to
a
complete all Work within forty-five (45) calendar days from the Notice to Proceed.
Attached hereto is an executed Bid Bond
in the amount of � _ Dollars (S (Five Percent of Amount Bid).
If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a
satisfactory contract in the form of said proposed Contract, and give satisfactory Performance
and Payment Bands, or furnish satisfactory proof of carriage of the insurance required within ten
days from the date of Notice of Award of the Contract, then the City of Milton may, at its
option, determine that the undersigned abandoned the Contract and there upon this hid shall be
null and void, and the sutrt stipulated in the attached Bid Bond shall be forfeited to the City of
Milton as liquidated damages.
Bidder acknowledges receipt of the following addenda:
Addendum No Dto viewed
Bidder further declares that the fu 11 name and resident address of Bidder's Principal is as
follows:
Signed, sealed, and dated this 2-1 day of ,�-t�,rC c-� i"" - ti`-a,�r...•
Bidder_L�(.aw.: �"C�1�n
Bidder Mailing Address:
L..�t...:cna f r [�.s.• l�s�• niEi i�t�5
•9
F �
L 6
1
By -
Title:'
BZ
Title:
17
8.0 QUALIFICATIONS SIGNATURE AND CERTIFICATION
BIDDERS MUST RETURN THIS SHF,ET WITH BID RESPONSE
I certify that this offer is trade without pi-ior understanding, agreement, or connection with any
corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or
services and is in all respects fair and without collusion or fraud. I understand collusive bidding
is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage
awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign
this proposal for the proposer. I further certify that the provisions of the Official Cudt of
Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Dart 2 and
Sections 45-10-20 et seq. have not been violated and will not be violated in any respect.
Authorized Signaturq� I- - Dale e,r
Print/Type Name- T 4('-e
Printi7ype Company Name Here lJ [•.�`•-•�cu; r.+ s r. a, . . mac
CORPORATE CERTIFICATE
I, `' certify that I am the Secretary of the Corporation
named as Contractor in the foregoing bid; that
who Signed said hits in behalf of the Cont was then (title)
of said Corporation; that said bid was duly signed for and in behalf of said Corporation by
authority of its Board of Directors, and is within the scope of its corporate powers; that said
Corporation is organized under the laws of the State of
G 1;:-- » (� P.4
r
20 IP a�>
154'6
9.0 LIST Or SUBCONTRACTORS
BIDDERS MUST RETURN THIS SHEET WITH SID RESPONSE
I do V-- , do not . propose to subcontract some of the work on this project. I
propose to Subcontract work to the following subcontractors:
Company Name:
r=5
u,
10.0 BID PRICE CERTIFICATION
BIDDERS MUST RETURN THIS SHEET WfTH BlD RESPONSE
In compliance with the attached Specification, the undersigned offers and agrees that if this Bid
is accepted, by the City Council within Sixty (60) days of the date of Bid opening, that he will
furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item,
delivered to the designated point(s) within the time specified in the. Biel Schedule.
COMPAh
AD DRES
SIGN ATt
Dale Cronauer
PRINT' 1 TY€'E NAME
20
WTHDRIZED
11.0 BID BOND
IilL7�_ I c T.i?"s i' RFTURN THIS SliZE-1' Vk'rI'H BI,D K SPC]tVSF
CFTC' OF 141 .TO'N, GLOR.GIA
BTI�LiE� ([tian��• ar�Li �,��i�r�••s,:
BLOUNT CONSTRUCTION COMPANY, INC. 1730 SANDS PLACE FARIETTA, CA 30067
SURETY 'Niame and A0dress of Princinal Place of Bs sinessl:
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 4400 NORTH POINT PARKWAY
ALPHARE'TTA, GA 30022
O'A ER Chtreinafrer rerer-ed ro a� the `City'•' (game and Address) :
�ie01 Qi,e
Al -."N1 Kick Pe_u-ce, ptjrc`ta5iai C)- Ice
13O:�C L�eerfielti Ptc;.r.;_�. 5;1titc 107G
:�l:lri�,.y ���.,r,:.i•� :+Cul'
BiL7
BID DI.E.1—)-kT ,: AUGUST 21, 2008
PROJECT + ;rief inc!lra ij '-,�,scatic�rGRAVEL ROAD RECONSTRUCTION, VARIOUS ROADS
CITY OF MILTON, GEORGIA
BOND
-DATE (Not later that I3 id cite tlaCC,:
PEDAL SUj1vj; FIVE PERCENT OF AMOUNT OF Sin $y
Fieures)
IN WITNESS L 'HTk,FX1 _ Surety- ar,<' W:dder. iraending -t« he legally bound hcreb) vo Lim City,
Subject to the zezins priWed- below or 01) the reverse, side hereof. do each cause this Biel Bond to
be duly eXCCUVi d 3n. it.. h,'lizilf by iI's au-J'aiii zed officer, agent nr represcmative.
BIDDERitsiritrr�� SURETY
BLOUNT CONSTRUCTION a�.�Gr►rts�NSTF����;, TRAVELERS CASUALTY ANIS
COMPANY INC. �' " €3� pg.� -SURETY COMPANY OF AMERICA
Bi�j�'�}'' is' iUltc incl comorate S $`1J. y' : tiurety'S 'Name and C}t)rparate Seal
Sirnatun. and 'I'itlr: =.?,:'r��`�5ittature and Title: TATE IGHT, JR ATTORNEY-
�f ` �' ''`. `Q'M••".••.`'•' ��` CArtach Power of vorncvv iN-FA.CT
Attest: � 1� fittest:
Signature and'1 iticSignature anditle: SECRETARY
-)I
WAf KING THIS POWER GF ATTORNEY IS INVALID VYITH0UT THE RE❑ I30RDER
. PO"'ER OF XfT lRNESL'
TRAVELERS`I Val lnisl9ton C awalf r t nlnlaa[t} St. fail f:uardiarl lrltiuivanrr Cmiipant
Vidclity and (Amrants Insurance Cornpun) Sf. Paul A7ercirlr Iiv,i:ranCe Caniparly
Fidelil} and Guarant} lt*,urawt Vilderwirib -%. €n,2. lh-areler; Casually and Surety Compal:}
Seaboard Surely' Company 'I'1-aFrlcrs Casual" slid Surety Lompalty of Aineriea
tit. P:l111 I'i re anis Ila rirl l• Insnrancv Cimilstrnt'•nited .YMPC F•idrlily and € it—!Inty f'nlnitany"
Attorney -In Fac( No. 215146 Ceriiilcate No. V 0 213 4 4 9 0
[iltii}NV AI.I.'IIE % 6Y THFES F 1'FL1:S1`4'l:ti: 1`11:]1 S,:uboard Sure CI.1tIP:a17 is .1 cltrlxlraLifm ,IUIV orgailiWOtt abider 011. t .1 !s1 t11C'34;II • lit \' V. 511& Lhu St. P1ul
FLre and Manne himminLe C,lrnl.1m5. til" viral f 1mr,ti;Fn 111slnanc,: ("gl1paliv alld SI. P;ml 1■t ivory 111fiMilFk'C' 1 nl141}illl}' :nl tel'11tgr:ltinkl, Ihily' fir :illi ri! under the laws
of tho Seat,: +11` Atinneyna. that Fnenlin'�t+i[l Ca: li;llm t ]1111 ,;f [tt tf':IL i'Id r■ t :[4Il%1111' :!1111 tiFl1"YT1 i -r TTtli[n!� And Tr:n rlr[ C':[.u;Fl[i' nn=I Surely C'n1n h:Fn_" :N Aill.,6e;1 "1n•
cnrlxtratium dtllp or;'anired amlel the kw' n1 the S[atc of (': n1ir�4icLlt. lha[ [:ailed StatC' l"ikIclil% d1ld {ivaranty ['nnip:un i :i C011}01 116th dulV ,a;:hki{k! l Under the
Iau•s Of the S1:1IV 0C:11:1riiand. Ih:111 FIdL'Iii: :3rkfl iiu:u:elitt 111.ktrc,kkty t"om{lanv l■ a CnI[kLIra IJrkp LIL111 or�:ttuttd trliderIIV 11Lu'a ra r11,: Stu[: n1 I+A%it, .Mkd (has fidclitl tend
GtFalnnn lnv(l Uzi nie lJntirra ri[er:.. Ina. i:.:, .,,rl+.=a;=l [,n
"it i.% L"""1%ieell 11111ICV kilC luN'. i I 1IIV STL W =d H`i■cnn.+in d4ClCin VC-11Vcliial)- Cul ltd Ilio -'CumIM11iV�'I, alkd thur
the O'mpanik'.� 6) helebl, ITlak'. E'i>It?!11l:E•_ It11il ,II I r,iI1L
Ta€C Wright Jr„ and Tate Wright III
M- the Cit>. (if _ Atlanta Georgia is
__ ....- _.._........................ simc ur......_......._—._--Llx:ir true aiid 1 :111') ka l An Ur] icy l i I-315-I-zLj.
L'.1CI1 in fIFe11' xtlill':klC' cdp:[Cii}' if ntOP Q flLall MW 1' I,Ltllted :114nt;, L„ a[ k. L•]CLUIE", "LL11 aml wkiwU % 1CdL"C ;-11Y a€Id 411 NIRLN, Il'6YkC.ilkl.;111CC.ti. L 1011 1i111111d1 ilnt€CI'l:lk-al," al]d
011im melitings nhlil_alory 'ill the nature thcresli fill l?1'11:111 ill the C1 mpzime1 % in iheir hmmiw%N [tI rheIE:lclily ,1f perwrv,, goad-anmoing the per forma Lice of
C•[l!1€filCi.s and L•�L'f vill? nr r1W x;1111 [•1!]11„ N11%.k Mild tllk C.l-k;Lkif1g'. rCl.ttliti.d tw I1trt11l kd Sn any actionb lll� pi ]CC Ldni'�ti alk' i1y 1:11V.
20th
hi 1VI'r'N)AP�1-IF:RM)F. fits: CM11p.L2�06i:nr r:1u,Cd;111 i11>l1LrnkciiI Ln IAV signed aild IN,irrorl}nralc -+rals it) he hei0u aIfi%a!d- thiti .............._.._......
..................
dao cIt'
Farmingttm ('tlsctath' Colelllani St. Paul Guardititt Insuiame Canapaily"
1"idents and f,n t1 a11Ly 111surans-e CrmSparE+' 4L. (111[11 10ercur I1tulfanee Celnll),•lny
Fidelity tseul fivaranlr hetiilraure Underwriter`, Int. •I"ra+'eiers Casualty and Surety Compasly
Se:shrrard Surely C:usnpan! Travelers Casualq and tiurely Company id Anwrica
54. KI lit 1.1" anti 'Ltarine Iwmrattee f'llmpany Unilvil StAke-k Fidehly and Guaranty C nntpany
�G� 1977� � w1951,l�, � ���'` $'��1' `r91T�2yFr7y.� rn� • :`- ,1,�.sx*i.••'_f.'� s;a1�U..0S�;1N! EP.µ.Sr11Y.�, ��S V4Aq��$'� l kyFi:r�p5<TT'iQ.:dR.R.u sLrFq
Ngoll. 9�
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r
y T4 aC P~• a` "� a
4•
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C L% of Havrilyd s.
131•: 4'�.�V
can ni'x .•I'l—Ural -mm
20Lh March 2.006
tin Ihi', the Jar of .. _...... , _ ...-- . _ • he1.'rc rnr Pe"",,ullz' ahtnurcd G oi+r r W. Tl}ompm,n, V■'itn nekom L;dked hiunull'
Ln he tht Seltior Ykc fl%,Mdew of F'81'Fllkn X11 ti;1 C!lK !ilii COP -w -kilt, 1"1[1C11i} dill (hj;lydllll bimirance Clrmpeim, Fiklily and Gtlai Gilt} hlS ilr:lnCC UfldeVu'NWILti. 111 .,
seaixkard Surely Cumpatn'. St. Patel Fire .111d klarinr lucLlr Mice CLtI11F+:n1y. St, Paul Gtkardian fns€a'anL;c Cobalt:!€n'. St. Nsul �1crcUry In�ur:Mlee CuLnpaoy', Tr-acClcrs
C1kt L1:f11V slid C'nnkpany. TR.1+'OUq Ca,,L1NILy'Itid Surrl,, C'ilnlilanl, 111 Anwrk'A' illill L1 nit el SriLCA FidC 11€1 :ii€[I (i k1al:lall CIT;LI€%ant•. nnLl ih:tI lie. as each. 1}C111g
at l l 1St ll':r_Cd m It do, 0 C ul''d the forC..;u 111" ll]tit I it F.01I I(T the I'1111Htti} €11C 1'c'itI Ci Itl l: Li l ird 117' tiil: ni 11L 1111 he all kif €I5C i i krpi Ira tion 5 l]4 hi MNCIf ay a it M IV':Ll idlOri led 6fiicff.
,r', , , r ""
In [1'ittxr:.�: [l•hcreo(, l ha'ra-un1„ srl »/t hand sari ,113 ic' i.d UP +rat '�1��
Myr Ct)mlrki<. ioil ex pi rev 114c ;( lltl da) tl 3i111;." 21111. in.
5844L1 -5-D7 Printed in US A.
L1:kt-I,• C Tclrruult. XnLtrr I'ulttiel
WARN IN i' I H 1 POWER OF A] TOR 14EY IS INVAL.€D WITHC3IJT IliE RED 30A0ER
Note: (1) Above addresses are to be used for giving any notice required by the terms
of this Bid Band.
(2) Any singular reference to Bidder, Surety, the City or any other party shall
be considered plural where applicable.
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns to pay to the City upon Default of Bidden the penal sum
set forth on the face of this Bond.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required
by the Bidding Documents (or any extension of that time agreed to in writing by the City) the
executed Agreement required by the Bidding Documents and any performarice and payrn.ent
Bonds required by the Bidding Documents,
3. This obligation shall be null and void if;
3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the
Bidding Documents (or any extension of that time agreed to in writing by the
City) the executed Agreement required by the Bidding Documents and any
performance and payment Bonds required by the Binding Documents; or
3.2 A]l Bids are rejected by the City; or
3.3 The City fails to issue a Notice of Award to Bidder within the time specified in
the Bidding Documents (or any extension of that time agreed to in writing by
Bidder and, if applicable, consented to by Surety when required by paragraph 5
hereof).
4. Payment under this Bond will be due and payable upon Default by Bidder within 30
calendar days after receipt by Bidder and Surety of a written Notice of Default from the City,
which Notice will be given with reasonable promptness and will identify this Bond and the
Project and include a statement of the amount due.
5. SUI Cty waives notice of, as well as any and all defenses based on or arising out of, any time
extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that
the total time, including extension-, foe issuing a Notice of Award shall not in the aggregate
exceed 124 days from Bid due date without Surety's written consent.
6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after
the Notice of Default, required in paragraph 4 above is received by Bidder and 5rsrety or later
than one year after Bid due date.
7. Any suit or action under this Bond shall be commenced only in a court of competent
jurisdiction located .in the State of Georgia.
S. Notices required hereunder shall be in writing and sent to Bidder and Surety at their
respective addresses shown on the face of this Bond. Such notices may be sent by personal
delivery, commercial courier or by United States Registered or Certified Mail, return receipt
requested, postage pre -paid., and shall be deemed to be. effective upon receipt by the party
concerned.
9. Surety shall cause to be attached to this Bond a current and effective Prower of Attorney
evidencing the authority of the officer, agent or representative who executed this Bond on behalf
of Surety €0 CAMUte, sial and deli vci such Bund aml bifid the -Surety thereby.
M This Bond is intended to coriforn, to all applicable statutory requirements. Any applicable
requirement of any applicable statute that has been omitted from this Bond shall be deemed to be
included herein as if set forth at length. If any provision of this Bond conflicts with any
applicable statute, then. the provision of said statute shall govern and the remainder of this Bond
that is not in conflict therewith shall continue in full farce and effect.
11. The teen "Bid" as used herein includes a Bid, offer or proposal, as applicable under the
particular circumstances.
12. The terms of this Bid Bond shall be governed ley the laws of the State of Georgia.
23
14.0 RESPONSE TO SECTIONS
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
Please review and initial that the sections and subsections have been read and that the Bidder will
comply with the sections.
INITIAL
1.0 DEFINITIONS.....................................................................-........... READ AND WILL COP1?PIJY lr5 C
1.0 DEFINITIONS.........................................................-....................... READ AND WILL COMPLY X e-
2.0 INVI 'ATION TO BID....................................................................
REXI3 AND %''(LL COMPLY -
3.0 SCHEDULE OF EVENTS ..................... ............................
READ AND WILL COMPLY
4.0 GRAVEL ROAD RECONSTRUCTION SCOPE ........................
READ AND WILL COMPLY
4.1 Scom
4.2 LOCATIONS AMB D1.scRIMJONs
4.3 GENERAL NoTEs:
5.0 BIDDLNG INSTRUCTIONS ..........................................................
READ AND WILL COMPLY
5.1 SCBE 1FrTAL REQuiRE mE NTS
5.2IN5URAN(.'E REQ13RENIEN'tS
5.3 BONnINc REQUIREMEN-N
5.4 OATH
6.0 DID SC:HEDULF..... ....... ......•--•.......................................................
READ AND WILL COMPLY
7.0 BID FORM.......................................................................................
READ AND WILL COMPLY --)15.�
8.0 QUALIFICATIONS SIGNATURE ANIS CERTIFICATION ....
READ AND WILL, COMPLY__
9.0 LIST OF SUBCONTRACTORS ....................................................
READ AND WILL COMPLY
10.0 BID PRICE CERTIFICATION ...................................................
READ AND WILL COMPLY- _
11.0 BID BOND.— ...............................................................................
READ AND WILL COMPLY ...1 ._ . _...._
12.0 PAYMENT BOND ... ....... ..............................................................
READ AND WILL COMPLY_
13.0 PERFORMANCE BOND ....... .................. ..................... ...............
READ AND WILL COMPLY—/5--e
14.0 PROJECT NfAINI'ENANCE BOND... .... . ..................................
READ AND WILL CO.l1 PLY
15.0 RESPONSE TO SECTIONS........................................................
READ AND WILL COMPLY
1.5.0 DISC:LOSURF FORM..................................................................
READ AN1) WILL CONIPLY.._� �........... .
17.0 AGREEMENT...............................................................................
READ AND WILL COMPLY�� .... .
1&0 GENERAL CONDITIONS...........................................................
REAR AND WILL COMPLY, 16
30
15.0 DISCLOSURE FORM
CITY OF MILTON
BIDDERS NIUST RETURN THIS SHEET WITH BID RESPONSE
This form is For disclosure of campaign contributions and family member relations with
City of Milton oft icialslem.pioyees.
Please complete this form and return as part of your laid package when it is submitted.
Name of Bidder C�" x f .
Name and the official position of the Milton Official to whom the campaign contribution
was made {Please use a separate fuz-111 fol. each oMcial to whom a contribution has been
made in the past two (2) years.)
List the dollar aniountivalue and description of each campaign contribution made over the
past two (2) years by the Applicant/Opponent to the named Milton official.
Amountf Value
Description
Please list any family raernber that is currently (or has been employed within the last 9
months) by the City of Milton and your relation:
31
IDY:11iifEmaw
STATE OF GEORGIA
CITY OF MILTON
CONTRACTOR AFFUDAVIT 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, firrn, 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. §
13-1Q-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 subcontractors) 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 farm
attached hereto as Exhibit" I." Contractor further agrees to maintain records of such compliance
and provide a copy of each such verification u) the City of Milton at the time the sulu:ontractor(s)
is retained to pedorm such service.
l-21 1�7 I Q
EEV / Basic Pilot Program User Identification Number
BY: Authorized Officer or Agent Date
(Contractor Name)
--naie G2t✓51"inl1a.t" ............._......_
Title of WLyi"fbjLerjTr Agent of Contractor
Printed Name of Autfioriced Officer of Agcia
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
DAY Of _-. % �''• C-- 2W,.
if �.r .>. .:G __ - ►11111 dll
Notalyn
ry b is .,;� � .. ..
My Commission Expires:'mssaro,;�
o:
i � °ber 2� •' � ��
�/f �{� t f �! i ► � vv48
of Milton
ACKNOWLEDGEMENT
RECEIPT OF ADDENDUM #1
ITB QS-PW3
Upon receipt of documents, please email, fax or mail this page to:
City of Milton
Attn: Rick Pearce, Purchasing Office
I3400 Deerfield Pkwy
Suite 107G
Milton, GA 34004
Phone: 678-242-2500
Fax: 678-242-2439
Email: rick. earce@cit ofmilton a.us
This must be received by the purchasing office before the due date
I hereby acknowledge receipt of docurnents pertaining to the above referenced RFB.
COMPANY NAME: o c crry >✓� fv s T.i
CONTACT PERSON:
ADDRESS;
CITY: STATE: ZIP: c3-
PHONE:y f- FAX:
EMAIL ADDRESS: � , ^r"G �•9— "_ � c�o� ry — .,VJ 'L"t c
fi
° a>
Signature Date
ADDENDUM #I
Exhibit C
EXHIBIT "E"
STATE OF GEORGIA
CITY OF MILTON
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with
O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which
is contracting with the City of Milton has registered with and is participating in a federal
work authorization program, in accordance with the applicability provisions and
deadlines established in O.C.G.A. § 13-10-91.
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-.0$ in the form attached hereto as Exhibit "i." Contractor
further agrees to maintain records of such compliance and provide a copy of each such
verification to the City of Milton at the time the subcontractor(s) is retained to perform
such service.
�'5ato
EEV 1 Basic Pilot Program User Identification umber
BY: Authorized Officer or Agent Date
(Contractor Name)
I�
Title of Authorized Officer or Agent of Contractor
i?A l-'-�' r'10\61y1qo
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON T.H THE
DAY DF 200
Notary Public
My Commission Expires:
NOWY is Co b County Georgia
My Commission Expires February 23 2010
27
CITY OF MILTON
EXHIBIT "F"
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with
O.C.G.A. § 13-14-91, stating affirmatively that the individual, finri or corporation which
is engaged in the physical performance of services under a contract with (name of
contractor) on behalf of the City of Milton has registered with and is participating in a
federal work authorization program, in accordance with the applicability provisions and
deadlines established in O.C.G.A. § 13-10-91.
EEV 1 Basic Pilot Program User Identification Number
BY: Authorized Officer or Agent Date
(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 , 200
Notary Public
My Commission Expires:
28
List key personnel
BALE CiZaa"vkuk.k
f EVf [3Q A'''
ILL, 44"1 �
EXHIBIT "G"
29
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Dan Drake, Public Works Director
Date: September 18, 2008 for the October 6, 2008 Council meeting
Agenda Item: Professional Services Agreement for Annual City-Wide Street Striping
Engineer Recommendation:
The Staff recommends the City execute the Professional Services Agreement with Peek
Pavement Marking, LLC for the Annual City-Wide Street Striping.
Background:
The City of Milton opened a request for bids for an Annual City-Wide Street Striping Contract
in July 2008. The City anticipates purchase of an annual volume of solid white and yellow paint,
paint skips, solid white and yellow thermoplastic, thermoplastic skips, and raised pavement
markers. The City selected Peek Pavement Marking, LLC as the lowest best responsible
responsive vendor.
Discussion:
This bid is for a mulit-year contract for street striping. The costs are unit based given estimated
annual quantities. The term of this Agreement shall be from the date of execution until
December 31, 2008 and shall automatically renew on January 1, 2009 and on January 1 of each
year thereafter and shall terminate on August 17, 2013. The City may choose to terminate the
contract by providing written notice of non-renewal at least 60 days prior to December 31 of the
renewal term.
Attachments:
Professional Services Agreement for Annual City-Wide Street Striping
Exhibit “A”
City of Milton Annual City-Wide Street Striping Bid Document
Notice of Update to Bid Document
Peek 08-PW2 Bid Response
Concurrent Review:
Legal Review – Paul Higbee, Jarrard & Davis – September 16, 2008
City of Milton
4
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is effective as of this day of , 2008, by and
between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and
through its governing authority, the Mayor and Council of the City of Milton ("City"), and Peek
Pavement Marking, LLC a Georgia Limited Liability Company, ("Consultant"), collectively
referred to as the "Parties".
WITNESSETH THAT:
WHEREAS, the City desires to retain Consultant to provide certain services generally
described as Annual City -Wide Street Striping (the "Work"); and
WHEREAS, the City finds that specialized knowledge, skills, and training are necessary
to perform the Work contemplated under this Agreement; and
WHEREAS, the Consultant has represented that it is qualified by training and
experience to perforin the Work; and
WHEREAS, the Consultant desires to perform the Work under the terms and conditions
set forth in this Agreement; and
WHEREAS, the public interest will be served by this Agreement; and
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
I. SCOPE OF SERVICES AND TERMINATION DATE
A. Project„I3escription
This Agreement is for the non-exclusive provision of Annual Striping Services.
B. The Work
The Work to be completed under this Agreement (the "Work") is as described in Exhibit
"A.". A payment Bond is required, per the RFB, and is attached as Exhibit F
C. Schedule, Completion Date, and Term of Aereernent
The term of this Agreement shall be from the date of execution until December 3 1, 2008,
unless terminated earlier as provided for herein. This Agreement shall automatically renew on
January 1, 2009 and on January 1 of each year thereafter absent written notice of non -renewal
provided by the City to the Contractor at least sixty (60) days prior to December 31, 2008 or
December 31 of any then current renewal term thereafter, provided that this Agreement shall
terminate absolutely and without further obligation on the part of the City on December 31 of
each year. This Agreement shall terminate absolutely and without any further obligation on the
part of the City on August 17, 2013. Title to any supplies, materials, equipment or other
personal property shall remain the Contractors' until fully paid for by the City.
II. 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 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.
B. Any work added to the scope of this Agreement by a change order shall be
executed under all the applicable conditions of this Agreement. No claim for additional
compensation or extension of time shall be recognized, unless contained in a written change
order duly executed on behalf of the City and the Consultant.
C. The City Manager has authority to execute without further action of the City of
Milton Mayor and 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, as set forth in Section III(B) below. Any such change orders materially
altering the terms of this Agreement or increasing the total amount to be paid under this
Agreement in excess of $50,000 must be approved by resolution of the City of Milton Mayor and
Council.
III. COMPENSATION AND METHOD OF PAYMENT
Consultant shall be paid unit prices, as stated in the bid schedule provide by Consultant and
attached hereto, multiplied by actual quantities provided to the City at the City's request. As
stated in the bid, the quantities stated in the bid schedule were only estimates. The unit prices in
the bid schedule will not increase based on a change in quantity of units actually requested by the
City. The City shall pay Consultant net thirty (30) days from the date of invoice for units
provided to the City during the invoice period; all invoices shall include an itemized list of units
provided and prices for each class of unit. No payments will be made for unauthorized work.
Upon the City's certification of Final Completion of the Project, an invoice should be submitted
to City of Milton 13000 Deerfield Parkway Suite 107G Milton, GA, 30004 for approval.
Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -
delivered. The City, beginning January 1, 2010, will accept an annual 3.5% escalator in unit
prices as described in Exhibit "E"
B. The total amount paid under this Agreement as compensation for services
performed and reimbursement for costs shall be as described in Exhibit "A."
IV. COVENANTS OF CONSULTANT
A. 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.
B. Budgetary Limitations
Consultant agrees and acknowledges that budgetary limitations are not a justification for
breach of sound principals of Consultant's profession and industry. Consultant shall take no
calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event
L-
it cannot perform the Work within the budgetary limitations established without disregarding
sound principals of Consultant's profession and industry, Consultant will give written notice
immediately to the City.
C. City's Reliance on the Work
The Consultant acknowledges and agrees that the City does not undertake to approve or
pass upon matters of expertise of the Consultant and that, therefore, the City bears no
responsibility for Consultant's services performed under this Agreement. The Consultant
acknowledges and agrees that the acceptance of designs, plans, and specifications by the City is
limited to the function of determining whether there has been compliance with what is required
to be produced under this Agreement. The City will not, and need not, inquire into adequacy,
fitness, suitability or correctness of Consultant's performance. Consultant further agrees that no
approval of designs, plans, or specifications by any person, body or agency shall relieve
Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's
professional and industry standards or for performing services under this Agreement in
accordance with sound and accepted professional and industry principals.
D. Consultant's Reliance of Submissions by the Ci
Consultant must have timely information and input from the City in order to perform the
services required under this Agreement. Consultant is entitled to rely upon information provided
by the City, but Consultant shall be required to provide immediate written notice to the City if
Consultant knows or reasonably should know that any information provided by the City is
erroneous, inconsistent, or otherwise problematic.
F. Consultant's Representative
1-y\'.l<e a -',e + shall be authorized to act on Consultant's behalf with respect
to the Work as Consultant's designated representative.
F. AssijZnment of Agreement
The Consultant 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. As to any
approved subcontractors, the Consultant shall be solely responsible for reimbursing them and the
City shall have no obligation to them.
G. Responsibility of Consultant and Indemnification of City
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 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 subcontractor, anyone directly or indirectly employed by the Consultant or
subcontractor or anyone for whose acts the Consultant or subcontractor 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 subcontractor, anyone directly or indirectly employed by the
Consultant or subcontractor or anyone for whose acts the Consultant 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
Consultant 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.
H. Independent Contractor
Consultant 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 Consultant 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 Consultants, 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 Consultant 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 Consultant as to the details of the services to be performed by Consultant or to exercise a
measure of control over such services will be deemed to mean that Consultant shall follow the
directions of the City with regard to the results of such services only.
I. 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 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:
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
therefrom.
(b) Comprehensive Automobile Liability (owned, non -owned, hired) of
$1,400,000 combined single limit per occurrence for bodily and personal
injury, sickness, disease or death, injury to or destruction of property,
including loss of use resulting therefrom.
(c) Professional Liability of $1,400,000 limit for claims arising out of
professional services caused by the Consultant's errors, omissions, or
negligent acts.
(d) Workers' Compensation limits as required by the State of Georgia and
employers Liability limits of $ 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 affect coverage provided to the City, its officials,
employees, agents or volunteers.
(iv) Coverage shall state that the Consultant's insurance shall apply
separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
(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.
(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:
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) Subcontractors:
Consultant 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:
Consultant shall extend any claims -made insurance policy for at least six (6) years
after termination or final payment under the Agreement, whichever is later.
(9) City as Additional Insured and Loss Pavee:
The City shall be named as an additional insured and loss payee on all policies
required by this Agreement.
J. Ern lovment of Unauthorized Aliens Prohibited
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 perfon-nance of services within the State of Georgia, unless the
Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "B" and
"C" that it and Contractor's subcontractors have within the previous twelve (12) month period
conducted a verification of the social security numbers of all employees who will perform work
on the City contract to ensure that no unauthorized aliens will be employed. The City Manager
or his/her designee shall be authorized to conduct an inspection of the Contractor's and
Contractor's subcontractors' verification process to determine that the verification was correct
and complete. The Contractor and Contractor's subcontractors shall retain all documents and
records of its verification process for a period of three (3) years following completion of the
contract_ This requirement shall apply to all contracts for the physical performance of services
where more than three (3) persons are employed on the City contract.
The City Manager or his/her designee shall further be authorized to conduct periodic
inspections to ensure that no City Contractor or Contractor's subcontractors employ
unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor
and Contractor's subcontractors agree to cooperate with any such investigation by making its
records and personnel available upon reasonable notice for inspection and questioning. Where a
Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the
City Manager or his/her designee may order the Contractor to terminate or require its
subcontractor to terminate that person's employment immediately and to report same to the
Department of Homeland Security. The Contractor's failure to terminate the employee, or
otherwise cooperate with the investigation may be sanctioned by termination of the contract, and
the Contractor shall be liable for all damages and delays occasioned by the City thereby_
Compliance with the requirements of D.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is
mandatory.
Contractor agrees that the employee -number category designated below is applicable to
the contractor.
I 500 or more employees_
V 100 or more employees.
Fewer than 100 employees.
Contractor agrees that, in the event the Contractor employs or contracts with any
subcontractor(s) in connection with this Agreement, the Contractor will secure from the
subcontractor(s) such subcontractor(s') indication of the above employee -number category that is
applicable to the subcontractor.
Contractor's compliance with the requirements of O.C.G.A. § 1;-10-91 and Rule 300-10-
1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "B."
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_
K. Records, Retorts and Audits
(1) Records:
(a) Records shall be established and maintained by the Consultant 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 Consultant shall furnish to the City any and all statements,
records, reports, data and information related to matters covered by this
Agreement in the form requested by the City.
(3) Audits and Inspections:
At any time during normal business hours and as often as the City may deem
necessary, there shall be made available to the City for examination all records
with respect to all matters covered by this Agreement_ The Consultant 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.
L. Conflicts of Interest
Consultant 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.
M. Confidentiality
Consultant 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
Consultant agrees that confidential information it receives or such reports, information, opinions
or conclusions that Consultant 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 Consultant shall exercise reasonable precautions to prevent the
unauthorized disclosure and use of City information whether specifically deemed confidential or
not.
N. Compliance with Laws Regulating Illegal Aliens
The United States Congress enacted the Immigration Reform and Control Act of 1986
(1RCA), P.L. 99-643, which required the former Immigration and Naturalization Service (now
the Department of Homeland Security) to establish a system for verifying the immigration status
of non -citizen applicants for, and recipients of, certain types of federally funded benefits, and to
make the system available to Federal, State, and local benefit -issuing agencies and institutions
that administer such benefits.
The Consultant covenants and declares that it is enrolled in the Basic Employment
Verification Pilot Program, and that it has verified the employment eligibility of all its
employees utilizing such program. Consultant shall likewise require all subcontractors or sub -
consultants to verify the employment eligibility of all their respective employees utilizing the
Basic Employment Verification Pilot Program. Consultant shall provide documentation prior to
commencing work under this Agreement, in a form acceptable to the City, affirming the
Consultant's compliance with this Section.
D. Licenses. Certifications and Permits
The Consultant covenants and declares that it has obtained all diplomas, certificates,
licenses, permits or the like required of the Consultant by any and all national, state, regional,
City, local boards, agencies, commissions, committces or other regulatory bodies in order to
perform the services contracted for under this Agreement. All work performed by Consultant
under this Agreement shall be in accordance with applicable legal requirements and shall meet
the standard of quality ordinarily expected of competent professionals.
P. Kev Personnel
All of the individuals identified in Exhibit "D" are necessary for the successful
prosecution of the Work due to their unique expertise and depth and breadth of experience_ There
shall be no change in Consultant's Project Manager or members of the project team, as listed in
Exhibit "D", without written approval of the City. Consultant recognizes that the composition of
this team was instrumental in the City's decision to award the work to Consultant 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 Consultant's obligations under this Agreement and shall be grounds for termination.
Consultant shall not subcontract with any third party for the performance of any portion of the
Work without the prior written consent of the City. Consultant shall be solely responsible for
any such subcontractors in terms of performance and compensation.
Q. Authority to Contract
The Consultant 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 Consultant to the terms of this Agreement, if applicable.
R. 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 Consultant
("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 Consultant or
subcontractor upon completion or termination of the work shall be delivered immediately to the
City. The Consultant 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 Consultant
shall replace them at its own expense. Any and all copyrightable subject matter in all materials is
hereby assigned to the City and the Consultant agrees to execute any additional documents that
may be necessary to evidence such assignment.
V. COVENANTS OF THE CITY
A. Right of Entry
The City shall provide for right of entry for Consultant and all necessary equipment to the
applicable City facilities, in order for Consultant to complete the Work.
B. City's Renresentative
Roddy Motes shall be authorized to act on the City's behalf with respect to the Work as the
City's designated representative
VI. TERMINATION
A. The City shall have the right to terminate this Agreement for any reason
whatsoever by providing written notice thereof at least thirty (30) calendar days in advance of
the termination date. The Consultant shall have no right to terminate this Agreement prior to
completion of the Work, except in the event of the City's failure to pay the Consultant within
thirty (30) days of Consultant providing the City with notice of a delinquent payment and an
opportunity to cure.
B. Upon termination, City shall provide for payment to the Consultant for services
rendered and expenses incurred prior to the termination date.
C. Upon termination, the Consultant 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 Consultant in performing this Agreement, w=hether completed or in
process, in the form specified by the City.
D. The rights and remedies of the City and the Consultant provided in this Section
are in addition to any other rights and remedies provided under this Agreement or at law or in
equity.
VII. NO PERSONAL LIABILITY
No member, official or employee of the City shall be personally liable to the Consultant
or any successor in interest in the event of any default or breach by the City or for any amount
which may become due to the Consultant or successor or on any obligation under the terms of
this Agreement. Likewise, Consultant's performance of services under this Agreement shall not
subject Consultant's individual employees, officers or directors to any personal liability. The
Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or
asserted only against Consultant or the City, respectively, and not against any employee, officer,
director, or elected or appointed official.
VIII. ENTIRE AGREEMENT
This Agreement constitutes the complete agreement between the Parties and supersedes
any and all other agreements, either oral or in writing, between the Parties with respect to the
subject matter of this Agreement. No other agreement, statement or promise relating to the
subject matter of this Agreement not contained in this Agreement shall be valid or binding. This
Agreement may be modified or amended only by a written document signed by representatives
of both Parties with appropriate authorization,
IX. SUCCESSORS AND ASSIGNS
Subject to the provision of this Agreement regarding assignment, this Agreement shall be
binding on the heirs, executors, administrators, successors and assigns of the respective Parties.
X. APPLICABLE LAW
If any action at law or in equity is brought to enforce or interpret the provisions of this
Agreement, the rules, regulations, statutes and laws of the State of Georgia will control.
XI. CAPTIONS AND SEVERABILITY
The caption or headnote on articles or sections of this Agreement are intended for
convenience and reference purposes only and in no way define, limit or describe the scope or
intent thereof, or of this Agreement nor in any way affect this Agreement. Should any article(s)
or section(s), or any part thereof, later be deemed unenforceable by a court of competent
jurisdiction, the offending portion of the Agreement should be severed and the remainder of this
Agreement shall remain in full force and effect to the extent possible.
XII. BUSINESS LICENSE
Prior to commencement of the services to be provided hereunder, Consultant shall apply
to the City for a business license, pay the applicable business license fee, and maintain said
business license during the term of this Agreement.
XIII. NOTICES
A. Communications Relating to Baily Activities
All communications relating to the day-to-day activities of the Work shall be exchanged
between Roddy Motes for the City and for the Consultant.
B. Official 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 trailed by certified mail, postage prepaid,
return receipt requested, or (3) upon actual delivery when sent via national overnight commercial
carrier to the Parties at the addresses given below, unless a substitute address shall first be
furnished to the other Parties by written notice in accordance herewith:
NOTICE TO THE CITY shall be sent to:
City Manager
City of Milton
13000 Deerfield Parkway, Suite 107f
Milton, Georgia 30004
NOTICE TO THE CONSULTANT shall be sent to:�
L ("C,
XIV. 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.
XV. 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.
XVI. FORCE MAJEURE
Neither the City nor Consultant 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: (a) any cause beyond their respective reasonable
control; (b) any act of God; (c) any change in applicable governmental rules or regulations
rendering the performance of any portion of this Agreement legally impossible; (d) earthquake,
fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by
employees and/or agents of CONSULTANT; (f) delay or failure to act by any governmental or
military authority; or (g) 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.
IN WITNESS WHEREOF the City and the Consultant have executed this Agreement
effective as of the date the City Manager executes this Agreement on behalf of the City.
[SIGNATURES ON FOLLOWING PAGE]
SIGNED, SEALED, AND DELIVERED
in the pre en
Witness
Notary Public
[NOTARY SEAL]
My Commission Expires:
My Commwjon Epims August 13th, 2009
PEEK PAVEMENT MARKING, LLC:
By:
wt •7r-..•-.� r
Its: Member/Manager
CITY OF MILTON
By:
Its:
[CITY SEAL]
SIGNED, SEALED, AND DELIVERED
in the presence of:
Witness
Notary Public
[NOTARY SEAL]
My Commission Expires-,
Approved as to form:
City Attorney
EXHIBIT "A"
08-pw2_07022008.
pdf (292 KB)
Notice #1
08-PW2.pdf (96 KB)
Peek 08-AW2 bid
response. pdf (...
CITY OF MILTON
City of Milton INVITATION TO BID
(THIS I5 NOT AN ODDER)
Bid Number: Project Name:
08-PW2 ANNUAL STRIPING CONTRACT
Due Date and Time:
Bidder Phone Number:
August 5, 2008
City of Milton
Local Time: 2:00pm
Attn: Rick Pearce, Purchasing Office
ISSUING DEPARTMENT INFORMATION
Issue Date:
July 2, 2008
City of Milton
Public Works Department
13000 Deerfield Pkwy, Suite 107G
Milton, Ga. 30004
Phone: 678-242-2500
Fax: 678-242-2499
Website: www.cityofmiitonga.us
INSTRUCTIONS TO BIDDERS
Return Submittal to:
Mark Face of Envelope/Package:
Bidder Phone Number:
Project Number: FY08-02
City of Milton
Bid Number: 08-PW2
Attn: Rick Pearce, Purchasing Office
Name of Company or Firm
13000 Deerfield Pkwy
Suite 107G
Milton, Ga. 30004
Special Instructions:
Deadline for Written Questions
July 18, 2008 @ 5:OOPM
Ernail(preferred) questions to Rick Pearce at
rickpearce@cityofmiItonga.us or Fax
questions Attn: Rick Pearce at 678-242-2499
IMPORTANT: SEE STANDARD TERMS AND CONDITIONS
BIDDERS MUST COMPLETE THE FOLLOWING
Bidder Name/Address:
Authorized Bidder Signatory:
(Please print name and sign in ink)
Bidder Phone Number:
Bidder FAX Number:
Bidder Federal I.D. Number:
Bidder E-mail Address:
BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE
TABLE OF CONTENTS
TABLE OF CONTENTS.............................................................................................................. ..............................
1.0 DEFINITIONS.......................................................................................................................................................3
2.0 INVITATION TO BID............................................................................................................ ...........................
...3
3.0 SCHEDULE OF EVENTS....................................................................................................................................5
4.0 ANNUAL STRIPING PROJECT SCOPE........................................................................_................................6
4.1 SCOPE.................................................................................................................................................................6
4.2 DESCRIPTIONS....................................................................................................................................................6
4.3 EVALUATION........................................................................................................6
4.4 GENERAL NOTE5:-----------------------------------------------------------------------------------------------------------------------------------------------
6
5.0 BIDDING INSTRUCTIONS................................................................................................................................5
5.1 SUBMITTAL REQUIREMENTS.............................................................................................................................8
5.2 INFORMATION AND INSTRUCTIONS....................................................................................................................8
5.3 INSURANCE REQUIREMENTS..................................................................
....9
5.4 BONDING REQUIREMENTS.................................................................................................................................9
5.5 OATH..................................................................................................................................................................9
6.0 BID SCHEDULE.................................................................................................................................................10
7.0 BID FORM...........................................................................................................................................................12
8.0 QUALIFICATIONS SIGNATURE AND CERTIFICATION........................................................................14
9.0 LIST OF SUBCONTRACTORS........................................................................................................................15
10.0 BID PRICE CERTIFICATION ............................................. ----------.----- .........................................16
11.0 PAYMENT BOND............................................................................................................. ............................
...17
12.0 RESPONSE TO SECTIONS............................................................................................................................20
13.0 DISCLOSURE FORM......................................................................................................................................21
13.0 DISCLOSURE FORM............................................................................ ..... ...............................................
21
14.0 PROFESSIONAL SERVICES AGREEMENT..............................................................................................22
15.0 GENERAL CONDITIONS...............................................................................................................................39
2
1.0 DEFINITIONS
COMPW: City of Milton Public Works Department
GDOT: Georgia Department of Transportation
ENGINEER: City of Milton Director of Public Works or a duly authorized representative.
ADA: Americans with Disabilities Act
EA: Each
GAL: Gallon
LF: Lineal Feet
GLF: Gross Lineal Feet
LS: Lump Sum
SY: Square Ward
TN: Ton
MUTCD: Manual on Uniform Traffic Control Devices
OSHA: Occupational Safety and Health Administration
FHWA: Federal Highway Administration
AASHTO: American Association of State Highway and Transportation Officials
2.0 INVITATION TO BID
CITY OF MILTON
The City of Milton is accepting sealed bids from qualified firms for an Annual Striping Contract
for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of
the Official Code of Georgia Annotated. All work will be done in accordance with Georgia
3
Department of Transportation's (GDOT) Standard Drawings, Standard Specifications, and Pay
Items Index as standards and specifications for the construction and completion of the work
required. All bidders must comply with all general and special requirements of the bid
information and instructions enclosed herein. It is the bidder's responsibility to periodically
check the posted websites for new information and potential changes.
Sealed bids will be received no later than 2:00 PM Local Time on August 5th, 2008. Sealed
bids shall be submitted to:
City of Milton
Attn: Rick Pearce, Purchasing Office
13000 Deerfield Pkwy
Suite 107G
Milton, Ga. 30004
At approximately 2:00 PM Local Time on August 5th, 2008 bids will be opened and the
bidder's name and total bid amount will be publicly read aloud at:
City of Milton
13000 Deerfield Parkway
Courthouse
Milton, GA 30004
Bids received after the above time or in any other location other than the Purchasing Office will
not be accepted.
Bids shall be presented in a sealed envelope with the following information clearly marked on
the outside of the envelope:
Project Number: FY08-02
Sid number: 08-PW2
Name of the Company or Firth
ONE (1) ORIGINAL (PAPER) AND FOUR (4) COPIES (PAPER) AND A PDF COPY OF
THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally or by fax or
email. For questions, please email (preferred) Rick Pearce at rick-pearce@cityofmiltonga.us or
fax questions to 678-242-2499 Attn: Rick Pearce. Please refer to Bid number 08-PW2 and bid
name "Annual Striping Contract" when requesting information.
The City of Milton reserves the right to reject any or all bids and to waive technicalities and
informalities, and to make award in the best interest of the City of Milton.
The selected contractor must be able to start work within ten (10) calendar days after the "Notice
to Proceed" is issued. Work completion timeframe will be negotiated between City and selected
vendor. Section 108.08 of the State of Georgia Department of Transportation Standard
Specifications Construction of Transportation Systems (current edition) shall be applied.
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3.0 SCHEDULE OF EVENTS
FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE
Event:
Release of RFB
Date:
7/2/2008
Deadline for Written Questions 7118/2008 @ 5:00 PM
*Submit 'via E -Mail (preferred) or Fax to Rick Pearce of Purchasing Office
City of Milton Addendum 7125/2008
(Official answers to questions and potential changes to RFB. Addendum will be posted at the
same web locations as the RFB)
10"WeR;
8/5/2008 @ 2:OOPM
Bids are due to: City of Milton
Attn: Rick Pearce, Purchasing Office
13000 Deerfield Pkwy
Suite -107G
Milton, Ga. 30004
Contract Award (On/about)
5
Week of 8118108
4.0 ANNUAL STRIPING PROJECT SCOPE
4.1 Scope
The contractor shall furnish all materials, equipment, and labor to complete the required
construction as described in its entirety to the specifications as directed and the terms of this
contract including all incidentals as directed by the City of Milton Director of Public Works or
hisfher representative. The scope consists of striping roadway segments as specified in Section
4.2.
4.2 Descriptions
The City of Milton anticipates purchase of an estimated annual volume of 156,000 LF of paint,
10,000 GLF of 5" skip white paint, 660,000 LF of thermo, 17,530 GLF of thermo skips, and 30
miles of raised pavement markers. This figure is a good faith estimate and is intended as an
indicator of annual volume only and in no way commits the City to purchase any minimum
amount or quantity. Any item listed in Section 6.0 Bid Schedule with a quantity of one is
intended to make sure the City receives a unit price for all line items.
Unless otherwise specified all work shall be completed in accordance with Georgia Department
of Transportation Standard Specifications (current edition).
4.3 Evaluation
The City intends to evaluate the RFB on the lowest best responsible responsive vendor.
4.4 General Notes;
1. The contractor is responsible for calling for utility locations prior to the start of each
work. It shall be the contractor's responsibility to coordinate his work with any utility
owner whom maybe in conflict with his work. No claims will be considered for extra
compensation.
2. Any item which must be removed during the construction work and is not specially called
for shall be removed by the contractor. The cost shall be included in other unit price bid.
No claims will be considered for extra compensation.
3. All traffic control shall be provided by the contractor.
4. It is the intent of this contract for each unit price bid to include all labor, materials,
equipment, tools, transportation, and supplies as required as necessary to complete the
work in accordance with the pians, specifications as directed, and the terms of this
contract.
5. City reserves the right to extend the unit price for use on other City of Milton roadways.
The general descriptions of each item of work are as described in the Georgia Department of
Transportation's standards and specifications, complete and accepted. Any conflicts which
on
might occur during the course of the construction work or any conflicts which might be related
to the compensation of any work shall be decided based on the Georgia DOT's standards and
specifications. No claims will be considered for extra compensation.
***NOTICE TO CONTRACTORS***
EPD AIR QUALITY RULES ON OPEN BURNING REFER TO:
CHAPTER 391-3-1-02-05
For additional/information, please contact:
Georgia Department of Natural Resources
Environmental Protection Division
Air Protection Branch
4244 International Parkway, Suite 120
Atlanta, GA 30354
4041363-7000; 4041362-2534 — FAX
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5.0 BIDDING INSTRUCTIONS
5.1 Submittal Requirements
FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS WILL RESULT IN THE
BID BEING DEEMED NON-RESPONSIVE AND AUTOMATICALLY REJECTED:
1. City Bid Schedule (Section 6.0)
2. City Bid Form (Section 7.0)
3. Qualifications Signature and Certification (Section 8.0)
4. List of subcontractors (Section 9.0)
5. Bid Price Certification (Section 10.0)
6. Response to Sections (Section 12.0)
7. Disclosure Forth (Section 13.0)
8. Applicable Compliance Specifications Sheets
9. Applicable Addenda Acknowledgement
5.2 Information and Instructions
The purpose of this solicitation is to enter into a firm fixed price "purchasing contract" with one
firm to be the primary supplier of Striping for use by the City of Milton Department of Public
Works for regular maintenance work.
No specification expressed or implied shall be construed as any type of restrictive specification
that would limit competition.
The term of the contract shall be for an initial one-year period with four (4) possible 12 -month
extensions. Any contract extensions shall be contingent on satisfactory performance during the
previous time period. No cost increases will be entertained during the term of the contract. Any
proposed increase in costs shall be submitted to the City no less than ninety (90) days prior to the
expiration of the contract for consideration of contract extension. The City reserves the right to
accept or reject any proposed cost increases. The City reserves the right to cancel the contract at
any time with 30 days written notice.
The initial term of the contract will start on or about August 18, 2008 and end December 31,
2408 with the option of four one-year renewals.
The term of this Agreement shall be from the date of execution until December 31, 2008, unless
terminated earlier as provided for herein. This Agreement shall automatically renew on January
1, 2009 and on January 1 of each year thereafter absent written notice of non -renewal provided
by the City to the Contractor at least sixty (60) days prior to December 31, 2008 or December 31
of any then current renewal term thereafter, provided that this Agreement shall terminate
absolutely and without further obligation on the part of the City on December 31 of each year.
This Agreement shall terminate absolutely and without any further obligation on the part of the
City on August 17, 2013. Title to any supplies, materials, equipment or other personal property
shall remain the Contractors' until fully paid for by the City.
All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged.
The City will make every effort to consolidate orders; however "rush" or "emergency" type
orders will be inevitable. The City will work with the selected vendor to coordinate delivery and
to minimize the number of deliveries required.
Any damage to any building or traffic control device, or equipment incurred during the course of
work shall be repaired at the contractor's expense to the complete satisfaction of the City of
Milton with no additional expense to the City.
The City of Milton reserves the right to waive any and all irregularities, refuse all bids and to
award the bid in the best interest of the City.
5.3 Insurance Requirements
Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor
shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies
doing business in the State of Georgia with an A.M. Best Rating A -f or higher and acceptable to
the City. Insurance requirements are specified in Section 14.0 PROFESSIONAL SERVICES
AGREEMENT.
5.4 Bonding Requirements
The Successful Bidder shall be required to furnish a bond to secure payment of all claims for
materials furnished and/or labor performed in performance of the project, the amount shall equal
one hundred percent (10010) of the contract price.
Payment Bond shall be issued by a corporate surety appearing on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to do business in the State of
Georgia. Payment Bond shall be on the forms provided by the City and subject to the review and
approval of the City Attorney.
Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners
shall execute Bond.
5.5 Oath
Prior to commencing the Work, the successful bidder shall execute a written oath as required by
O.C.G.A. §§ 32-4-122 and 36-91-21(e).
I
6.0 BID SCHEDULE
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
CITY OF MILTON ANNUAL STRIPING CONTRACT
RID NUMBER 08-PW2
SECTION A: PAINT
ITEM ITEM ESTIMATED UNIT EXTENDED
NUMBER DESCRIPTION UNITS QUANTITY PRICE PRICE
1 5"5k'p (10:30) Paint G L F 10,000 $ $
(Unit Price in Words)
2
LF
78,000
$
$
5" Solid Paint Yellow
_(Unit Price in Words)
3
LF
78.000
$
$
5" Solid Paint While
(Unit Price in Words)
4
LF
1
$ _
$
Remove Existing Paint, 5 "
(Unit Price in Words)
SECTION
A EXTENDED PRICE TOTAL:
$
SECTION B:
THERMOPLASTIC
ITEM
ITEM
ESTIMATED
UNIT
EXTENDED
NUMBER
DESCRIPTION
UNITS
QUANTITY
PRICE
PRICE
1
5" Ski 10:30 Thermoplastic
GLF
17,530
$
$
Unit PriCe in Words
2
LF
330.000
$
$
5" Solid Thermoplastic Yellow
_(Unit Price in Words)
10
3 5" Solid Thermoplastic White LF 330,000 $ $
iUnit Price in Words)
Remove Existing Thermoplastic,
4 5" LF 1 $ $
(Unit Price in Words)
SECTION B EXTENDED PRICE TOTAL: $
ITEM
NUMBER
SECTION C. RAISED PAVEMENT MARKERS
ITEM ESTIMATED
DESCRIPTION UNITS QUANTITY
UNIT EXTENDED
Yellow Rectangular Two - Way
Marker (every 8OFT, 2 per
1 placement) MILES 30 $ $
(Unit Price in Words)
SECTION C EXTENDED PRICE TOTAL: $
GRAND TOTAL OF EXTENDED PRICE $
MINIMUM MOBILIZTION $
EXTENDED PRICE IS ESTIMATED QUANTITY TIMES UNIT PRICE
GRAND TOTAL OF EXTENDED PRICE IS SUMMATION OF SECTIONS A, 8, C
It is the intent of this contract for each unit price bid to include all labor, materials, equipment,
tools, transportation, and supplies as required as necessary to complete the work in accordance
with the plans, specifications as directed, and the terms of this contract.
11
7.0 BID FORM
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
To: City of Milton
Purchasing Office
13000 Deerfield Pkwy
Suite 107G
Milton, Ga. 30004
Ladies and Gentlemen:
In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder,
proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary
machinery, tools, apparatus, other means of construction, and all materials and labor specified in
the Contract Documents or as necessary to complete the Work in the manner therein specified
within the time specified, as therein set forth, for:
Annual Striping Contract
Bid Number 0$-PW2
The Bidder has carefully examined and fully understands the Contract, Specifications, and other
documents hereto attached, has satisfied himself as to the actual conditions and requirements of
the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the
City of Milton in full conformance with the Contract Documents.
Unless otherwise directed, all work performed shall be in accordance with the Georgia
Department of Transportation Standard Specifications, Construction of Transportation Systems
(current edition). All materials used in the process of completion of the work included in the
Contract will be furnished from Georgia Department of Transportation certified suppliers only.
It is the intent of this Bid to include all items of construction and all Work called for in the
Specifications, or otherwise a part of the Contract Documents.
In accordance with the foregoing, the undersigned proposes to furnish and construct the items
listed in the attached Bid schedule for the unit prices stated.
The Bidder agrees that the cost of any work performed, materials furnished, services provided or
expenses incurred, which are not specifically delineated in the Contract Documents but which
are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been
included in the prices bid for the various items scheduled.
The Bidder further proposes and agrees hereby to promptly commence the Work with adequate
forces and equipment within ten (10) calendar days from receipt of Notice to Proceed. Work
completion timeframe will be negotiated between City and selected vendor.
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Bidder acknowledges receipt of the following addenda:
Addendum No Date viewed
Bidder further declares that the full name and resident address of Bidder's Principal is as
follows:
Signed, sealed, and dated this day of
Bidder Mailing Address:
By:
Title:
By:
Title:
13
Bidder
(Seal)
Company Name
8.0 QUALIFICATIONS SIGNATURE AND CERTIFICATION
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
I certify that this offer is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or
services and is in all respects fair and without collusion or fraud. I understand collusive bidding
is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage
awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign
this proposal for the proposer. I further certify that the provisions of the Official Code of
Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and
Sections 45-10-20 et seq. have not been violated and will not be violated in any respect.
Authorized Signature
Print/Type Name
Print/Type Company Name Here
I,
Date
CORPORATE CERTIFICATE
certify that I am the Secretary of the Corporation
named as Contractor in the foregoing bid; that
who signed said bid in behalf of the Contractor, was then (title)
of said Corporation; that said bid was duly signed for and in behalf of said Corporation by
authority of its Board of Directors, and is within the scope of its corporate powers; that said
Corporation is organized under the laws of the State of
This
(Signature)
day of 120
(Seal)
14
9.0 LIST OF SUBCONTRACTORS
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
I do , do not , propose to subcontract some of the work on this project. I
propose to Subcontract work to the following subcontractors:
Company Name:
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I0.0 BID PRICE CERTIFICATION
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
In compliance with the attached Specification, the undersigned offers and agrees that if this Bid
is accepted, by the City Council within Sixty {GD} days of the date of Sid opening, that he will
furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item
delivered to the designated point(s) within the time specified in the Bid Schedule.
COMPANY
ADDRESS
AUTHORIZED
SIGNATURE
PRINT J TYPE NAME
16
11.0 PAYMENT SAND
FOR REFERENCE ONLY DO NOT RETURN THIS SHEET WITH BID RESPONSE
CITY OF MILTON, GEORGIA
KNOW ALL MEM BY THESE PRESENTS THAT
CONTRACTOR, hereinafter referred to as the "Principal"), and
as
(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
"County"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of
Dollars ($ ), lawful money of the United States of America, for the payment of
which the Principal and the Contractor's Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered, or is about to enter, into a certain written
agreement with the County, dated which is incorporated herein by reference
in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project
known as
PROJECT").
(hereinafter referred to as "the
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
17
materials were sold, leased or rented, and without regard to whether such Claimant is or is not in
privity of the Contract with the Principal or any Subcontractor performing Work on the Project.
In the event of any claim made by the Claimant against the County, or the filing of a Lien
against the property of the County affected by the Contract, the Contractor's Surety shall either
settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in
the Contract.
The Parties further expressly agree that any action on this Bond may be brought within
the time allowed by Georgia law for suit on contracts under seal.
IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed
their corporate seals and caused this obligation to be signed by their duly authorized officers on
this day of , 20
[SIGNATURES ON FOLLOWING PAGE]
10
Attest:
Title:
Date:
Attest:
Title:
Date:
(Name of 1'rhicipal)
Title: (SEAL)
(Name of Contractor's Surety)
By -
Title: y:
Title:
(ATTACH SURETY'S POWER OF ATTORNEY)
19
EAL)
12.0 RESPONSE TO SECTIONS
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
Please review and initial that the sections and subsections have been read and that the Bidder will
comply with the sections.
INITIAL
1.0 DEFINITIONS.................................................................................
READ AND WILL COMPLY
2.0 INVITATION TO SID....................................................................
READ AND WILL COMPLY_
3.0 SCHEDULE OF EVENTS..............................................................
READ AND WILL COMPLY
4.0 ANNUAL STRIPING PROJECT SCOPE ....................................
READ AND WILL COMPLY
4.1 Scar,
4.2 DESCRIPTIONS
4.3 EVALUATION
4.4 GENERAL NOTES:
5.0 BIDDING INSTRUCTIONS..........................................................
READ AND WILL COMPLY.
5.1 SUBMITTAL REQUIREMENTS
5.2 INFORMATION AND INSTRUCTIONS
5.3 INSURANCE REQUIREMENTS
5.4 BONQING REQLTIREMENTS
5.5 OATH
6.0 BID SCHEDULE.............................................................................
READ AND WILL COMPLY
7.0 BID FORM.......................................................................................
READ AND WILL COMPLY
8.0 QUALIFICATIONS SIGNATURE AND CERTIFICATION ....
READ AND WILL COMPLY.
9.0 LIST OF SUBCONTRACTORS....................................................
READ AND WILL COMPLY.
10.4 BID PRICE CERTIFICATION...................................................
READ AND WILL COMPLY
11.0 PAYMENT BOND.......................................................................
READ AND WILL COMPLY
12.0 RESPONSE TO SECTIONS........................................................
READ AND WILL COMPLY.
1.3.0 DISCLOSURE FORM ........................................................ ..........
READ AND WILL COMPLY,
14.0 PROFESSIONAL SERVICES AGREEMENT ..........................
READ AND WILL COMPLY
15.0 GENERAL CONDITIONS...........................................................
READ AND WILL COMPLY
all
13.0 DISCLOSURE FORM
CITY OF MILTON
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
This form is for disclosure of campaign contributions and family member relations with
City of Milton officials/employees.
Please complete this form and return as part of your Bid package when it is submitted.
Name of Bidder
Name and the official position of the Milton Official to whom the campaign contribution
was made (Please use a separate form for each official to whom a contribution has been
made in the past two (2) years.)
List the dollar amount/value and description of each campaign contribution made over the
past two (2) years by the Applicant/Opponent to the named Milton Official.
Amount/Value Description
Please list any family member that is currently (or has been employed within the last 9
months) by the City of Milton and your relation:
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14.0 PROFESSIONAL SERVICES AGREEMENT
FOR REFERENCE ONLY DO NOT RETURN THIS SHEET WITH BID RESPONSE
City of Milton
This is the Standard Professional Services Agreement of the City of Milton. Any consultant
doing business with the City must enter into this Agreement.
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is effective as of this day of , 2008, by and
between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and
through its governing authority, the Mayor and Council of the City of Milton ("City"), and
a , ("Consultant"), collectively referred to as
the "Parties".
WITNESSETH THAT.
WHEREAS, the City desires to retain Consultant to provide certain services generally
described as Annual City -Wide Street Striping (the "Work"); and
WHEREAS, the City finds that specialized knowledge, skills, and training are necessary
to perform the Work contemplated under this Agreement; and
WHEREAS, the Consultant has represented that it is qualified by training and
experience to perform the Work; and
WHEREAS, the Consultant desires to perform the Work under the terms and conditions
set forth in this Agreement; and
WHEREAS, the public interest will be served by this Agreement; and
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
I. SCOPE OF SERVICES AND TERMINATION DATE
A. Project Description
This Agreement is for the non-exclusive provision of City-wide street striping services.
S. The Work
The Work to be completed under this Agreement (the "Work") is as described in Exhibit
«A
22
C. Schedule, Completion Date, and Term of Agreement
The term of this Agreement shall be from the date of execution until December 31, 2008,
unless terminated earlier as provided for herein. This Agreement shall automatically renew on
January 1, 2009 and on January 1 of each year thereafter absent written notice of non -renewal
provided by the City to the Contractor at least sixty (50) days prior to December 31, 2008 or
December 31 of any then current renewal term thereafter, provided that this Agreement shall
terminate absolutely and without further obligation on the part of the City on December 31 of
each year. This Agreement shall terminate absolutely and without any further obligation on the
part of the City on August 17, 2011. Title to any supplies, materials, equipment or other
personal property shall remain the Contractors' until fully paid for by the City.
II. 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 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.
B. Any work added to the scope of this Agreement by a change order shall be
executed under all the applicable conditions of this Agreement. No claim for additional
compensation or extension of time shall be recognized, unless contained in a written change
order duly executed on behalf of the City and the Consultant_
C. The City Manager has authority to execute without further action of the City of
Milton Mayor and Council, any number of change orders so long as their total effect does riot
materially alter the terms of this Agreement or materially increase the total amount to be paid
under this Agreement, as set forth in Section III(B) below. 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 $25,000 must be approved by resolution of the City of Milton Mayor and
Council.
III. COMPENSATION AND METHOD OF PAYMENT
A. City agrees to pay the Consultant for the services performed and costs incurred by
Consultant upon certification by the City that the services were actually performed and costs
actually incurred in accordance with the Agreement. Compensation for services performed and
reimbursement for costs incurred shall be paid to the Consultant upon receipt and approval by
the City of invoices setting forth in detail the services performed and costs incurred._ Invoices
shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus
23
charges budgeted. Any material deviations in tests or inspections performed, times or locations
required to complete such tests or inspections and like deviations from the Work described in
this Agreement shall be clearly communicated to the City before charges are incurred and shall
be handle through change orders as described in Section II above. The City shall pay the
Consultant within thirty (30) days after approval of the invoice by City staff.
S. The total amount paid under this Agreement as compensation for services
performed and reimbursement for costs shall be as described in Exhibit "A."
C. Reimbursement for costs incurred shall be limited as follows. Long distance
telephone and telecommunications, facsimile transmission, normal postage and express mail
charges, photocopying time shall be at cost. Supplies and outside services, transportation,
lodging, meals and authorized subcontracts shall be at cost plus no more than a 10%
administrative burden. Automobile mileage shall be no more than the current deductible rate set
by the Internal Revenue Service.
IV. COVENANTS OF CONSULTANT
A. 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.
B. Budgetary Limitation.
Consultant agrees and acknowledges that budgetary limitations are not a justification for
breach of sound principals of Consultant's profession and industry. 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 principals of Consultant's profession and industry, Consultant will give written notice
immediately to the City.
C. City's Reliance on the Work
The Consultant acknowledges and agrees that the City does not undertake to approve or
pass upon (natters of expertise of the Consultant and that, therefore, the City bears no
responsibility for Consultant's services performed under this Agreement. The Consultant
acknowledges and agrees that the acceptance of designs, plans, and specifications by the City is
limited to the function of determining whether there has been compliance with what is required
to be produced under this Agreement. The City will not, and need not, inquire into adequacy,
fitness, suitability or correctness of Consultant's performance. Consultant further as ees that no
approval of designs, plans, or specifications by any person, body or agency shall relieve
24
Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's
professional and industry standards or for perforating services under this Agreement in
accordance with sound and accepted professional and industry principals.
D. Consultant's Reliance of Submissions by the City
Consultant must have timely information and input from the City in order to perform the
services required under this Agreement. Consultant is entitled to rely upon information provided
by the City, but Consultant shall be required to provide immediate written notice to the City if
Consultant knows or reasonably should know that any information provided by the City is
erroneous, inconsistent, or otherwise problematic.
E. Consultant's Representative
shall be authorized to act on ConsuItant's behalf with respect
to the Work as Consultant's designated representative.
F. Assignment of Agreement
The Consultant 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. As to any
approved subcontractors, the Consultant shall be solely responsible for reimbursing them and the
City shall have no obligation to them.
G. Resuonsibility of Consultant and Indemnification of Citv
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 officials, employees and agents from
and against any and all claims, suits, actions, liability, judgments, damages, Iosses, 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 subcontractor, anyone directly or indirectly employed by the Consultant or
subcontractor or anyone for whose acts the Consultant or subcontractor 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 subcontractor, anyone directly or indirectly employed by the
Consultant or subcontractor or anyone for whose acts the Consultant 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
Consultant 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
25
members, officers, agents, employees and volunteers shall survive termination of this
Agreement.
H. IndejRendent Contractor
Consultant 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 Consultant 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 Consultants, 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 Consultant 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 Consultant as to the details of the services to be performed by Consultant or to exercise a
measure of control over such services will be deemed to mean that Consultant shall follow the
directions of the City with regard to the results of such services only.
I. Insurance
(1) Requirements:
The Consultant shall have and maintain in full force and effect for the
duration of this Agreement, insurance insuring against claims for injuries
to persons or damages to property which may arise from or in connection
with the performance of the Work by the Consultant, its agents,
representatives, employees or 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:
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
therefrom_
(b) Comprehensive Automobile Liability (awned, non -owned, hired) of
$1,000,000 combined single limit per occurrence for bodily and personal
injury, sickness, disease or death, injury to or destruction of property,
including loss of use resulting therefrom.
(c) Professional Liability of $1,000,000 limit for claims arising out of
26
professional services caused by the Consultant's errors, omissions, or
negligent acts.
(d) Workers' Compensation limits as required by the State of Georgia and
employers Liability limits of $1,000,000 per accident.
(3) Deductibles and Self -Insured Retentions:
Any deductibles or self-insured retentions must be declared to and approved by he
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 affect coverage provided to the City, its officials,
employees, agents or volunteers.
(iv) Coverage shall state that the Consultant's insurance shall apply
separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
(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
27
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 Coyerazee.
The insurer will agree to waive all rights of subrogation against the City, its
officials, employees, agents and volunteers for Iosses 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,
(5) Acce tabi lity of Insurers:
Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANII.
(b) 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) Subcontractors:
Consultant 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
28
insured.
(8} Claims -Made Policies:
Consultant shall extend any claims -made insurance policy for at least six (6) years
after termination or final payment under the Agreement, whichever is later.
(9) City as Additional Insured and Loss Payee:
The City shall be named as an additional insured and loss payee on all policies
required by this Aa eement_
I Employment of Unauthorized Aliens Prohibited
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 eater
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 "B" and
"C" that it and Contractor's subcontractors have within the previous twelve (12) month period
conducted a verification of the social security numbers of all employees who will perform work
on the City contract to ensure that no unauthorized aliens will be employed. The City Manager
or his/her designee shall be authorized to conduct an inspection of the Contractor's and
Contractor's subcontractors' verification process to determine that the verification was correct
and complete. The Contractor and Contractor's subcontractors shall retain all documents and
records of its verification process for a period of three (3) years following completion of the
contract. This requirement shall apply to all contracts for the physical performance of services
where more than three (3) persons are employed on the City contract.
The City Manager or his/her designee shall further be authorized to conduct periodic
inspections to ensure that no City Contractor or Contractor's subcontractors employ
unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor
and Contractor's subcontractors acyree to cooperate with any such investigation by making its
records and personnel available upon reasonable notice for inspection and questioning. Where a
Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the
City Manager or his/her designee may order the Contractor to terminate or require its
subcontractor to terminate that person's employment immediately and to report same to the
Department of Homeland Security. The Contractor's failure to terminate the employee, or
otherwise cooperate with the investigation may be sanctioned by termination of the contract, and
the Contractor shall be liable for all damages and delays occasioned by the City thereby.
Compliance with the requirements of O.C.G.A. § 13-14-91 and Rule 300-10-1-.02 is
mandatory.
Contractor agrees that the employee -number category designated below is applicable to
the contractor.
500 or more employees.
29
100 or more employees.
Fewer than 100 employees.
Contractor agrees that, in the event the Contractor employs or contracts with any
subcontractor(s) in connection, with this Agreement, the Contractor will secure from the
subcontractor(s) such subcontractor(s') indication of the above employee -number category that is
applicable to the subcontractor.
Contractor's compliance with the requirements of O.C_G.A, § 13-10-91 and Rule 300-10-
1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "B."
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.
K. Records, Reports and Audits
(1) Records:
(a) Records shall be established and maintained by the Consultant 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 Consultant shall furnish to the City any and all statements,
records, reports, data and information related to matters covered by this
Agreement in the form requested by the City.
(3) Audits and Inspections:
At any time during normal business hours and as often as the City may deem
necessary, there shall be made available to the City for examination all records
with respect to all matters covered by this Agreement. The Consultant will permit
30
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.
L. Conflicts of Interest
Consultant 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.
M. Confidentialit
Consultant 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
Consultant agrees that confidential information it receives or such reports, information, opinions
or conclusions that Consultant 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 Consultant shall exercise reasonable precautions to prevent the
unauthorized disclosure and use of City information whether specifically deemed confidential or
not.
N. Compliance with Laws Regulating The al Aliens
The United States Congress enacted the Immigration Reform and Control Act of 1986
(IRCA), P.L. 99-693, which required the former Immigration and Naturalization Service (now
the Department of Homeland Security) to establish a system for verifying the immigration status
of non -citizen applicants for, and recipients of, certain types of federally funded benefits, and to
make the system available to Federal, State, and local benefit -issuing agencies and institutions
that administer such benefits.
The Consultant covenants and declares that it is enrolled in the Basic Employment
Verification Pilot Program, and that it has verified the employment eligibility of all its
employees utilizing such program. Consultant shall likewise require all subcontractors or sub -
consultants to verify the employment eligibility of all their respective employees utilizing the
Basic Employment Verification Pilot Program. Consultant shall provide documentation prior to
commencing work under this Agreement, in a form acceptable to the City, affirming the
Consultant's compliance with this Section.
d. Licenses, Certifications and Permits
The Consultant covenants and declares that it has obtained all diplomas, certificates,
licenses, permits or the like required of the Consultant by any and all national, state, recional,
17
City, local boards, agencies, commissions, committees or other regulatory bodies in order to
perform the services contracted for under this Agreement. All work performed by Consultant
under this Agreement shall be in accordance with applicable legal requirements and shall meet
31
the standard of quality ordinarily expected of competent professionals.
P. Key Personnel
All of the individuals identified in Exhibit "D" are necessary for the successful
prosecution of the Work due to their unique expertise and depth and breadth of experience. There
shall be no change in Consultant's Project Manager or members of the project team, as listed in
Exhibit "D", without written approval of the City. Consultant recognizes that the composition of
this team was instrumental in the City's decision to award the work to Consultant 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 Consultant's obligations under this Agreement and shall be grounds for termination_
Consultant shall not subcontract with any third party for the performance of any portion of the
Work without the prior written consent of the City. Consultant shall be solely responsible for
any such subcontractors in terms of performance and compensation.
Q. Authority to Contract
The Consultant 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 Consultant to the terms of this .Agreement, if applicable.
R. Ownership of Work
All reports, designs, drawings, pians, specifications, schedules, work product and other materials
prepared or in the process of being prepared for the services to be performed by the Consultant
("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 Consultant or
subcontractor upon completion or termination of the work shall be delivered immediately to the
City. The Consultant 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 Consultant
shall replace them at its own expense. Any and all copyrightable subject matter in all materials is
hereby assigned to the City and the Consultant agrees to execute any additional documents that
may be necessary to evidence such assignment.
V. COVENANTS OF THE CITY
A. Right of Entry
The City shall provide for right of entry for Consultant and all necessary equipment to
, in order for Consultant to complete the Work_
B. City's Representative
32
shall be authorized to act on the City's behalf with
respect to the Work as the City's designated representative
VI. TERMINATION
A. The City shall have the right to terminate this Agreement for any reason
whatsoever by providing written notice thereof at least thirty (30) calendar days in advance of
the termination date. The Consultant shall have no right to terminate this Agreement prior to
completion of the Work, except in the event of the City's failure to pay the Consultant within
thirty (30) days of Consultant providing the City with notice of a delinquent payment and an
opportunity to cure.
B. Upon termination, City shall provide for payment to the Consultant for services
rendered and expenses incurred prior to the termination date.
C. Upon termination, the Consultant 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 Consultant in performing this Agreement, whether completed or in
process, in the form specified by the City.
D. The rights and remedies of the City and the Consultant provided in this Section
are in addition to any other rights and remedies provided under this Agreement or at law or in
equity.
VH. NO PERSONAL LIABILITY
No member, official or employee of the City shall be personally liable to the Consultant
or any successor in interest in the event of any default or breach by the City or for any amount
which may become due to the Consultant or successor or on any obligation under the terms of
this Agreement. Likewise, Consultant's performance of services under this Agreement shall not
subject Consultant's individual employees, officers or directors to any personal liability. The
Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or
asserted only against Consultant or the City, respectively, and not against any employee, officer,
director, or elected or appointed official.
VIII. ENTIRE AGREEMENT
This Agreement constitutes the complete agreement between the Parties and supersedes
any and all other agreements, either oral or in writing, between the Parties with respect to the
subject matter of this Agreement. No other agreement, statement or promise relating to the
subject matter of this Agreement not contained in this Agreement shall be valid or binding. This
Agreement may be modified or amended only by a written document signed by representatives
33
of both Parties with appropriate authorization.
IX. SUCCESSORS AND ASSIGNS
Subject to the provision of this Agreement regarding assignment, this Agreement shall be
binding on the heirs, executors, administrators, successors and assigns of the respective Parties.
X. APPLICABLE LAW
If any action at law or in equity is brought to enforce or interpret the provisions of this
Agreement, the rules, regulations, statutes and laws of the State of Georgia will control.
XI. CAPTIONS AND SEVERABILITY
The caption or headnote on articles or sections of this Agreement are intended for
convenience and reference purposes only and in no way define, lirnit or describe the scope or
intent thereof, or of this Agreement nor in any way affect this Agreement. Should any article(s)
or section(s), or any part thereof, later be deemed unenforceable by a court of competent
jurisdiction, the offending portion of the Agreement should be severed and the remainder of this
Agreement shall remain in full force and effect to the extent possible.
XII. BUSINESS LICENSE
Prior to commencement of the services to be provided hereunder, Consultant shall apply
to the City for a business license, pay the applicable business license fee, and maintain said
business license during the term of this Agreement.
XIII. NOTICES
A. Communications Relating to Daily Activities
All communications relating to the day-to-day activities of the Work shall be exchanged
between for the City and for the Consultant.
B. Official 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
34
furnished to the other Parties by written notice in accordance herewith:
NOTICE TO THE CITY shall be sent to:
City Manager
City of Milton
13000 Deerfield Parkway, Suite 107f
Milton, Georgia 30004
NOTICE TO THE CONSULTANT shall be sent to:
XIV. 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.
XV. 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.
XVI. FORCE MA]EURE
Neither the City nor Consultant 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: (a) any cause beyond their respective reasonable
control; (b) any act of God; (c) any change in applicable governmental rules or regulations
rendering the performance of any portion of this Agreement legally impossible; (d) earthquake,
fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by
employees and/or agents of CONSULTANT; (f) delay or failure to act by any governmental or
military authority; or (g) 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.
IN WITNESS WHEREOF the City and the Consultant have executed this Agreement
effective as of the date the City Manager executes this Agreement on behalf of the City_
[SIGNATURES ON FOLLOWING PAGE]
35
SIGNED, SEALED, AND DELIVERED
in the presence of:
Witness
Notary Public
[NOTARY SEAL]
My Commission Expires:
SIGNED, SEALED, AND DELIVERED
in the presence of:
Witness
Notary Public
[NOTARY SEAL]
My Commission Expires:
Approved as to form:
City Attorney
CONSULTANT:
By:
Its:
Attest:
Its:
[CORPORATE SEAL]
CITY OF MILTON
By:
Its:
36
(CITY SEAL)
EXHIBIT "E"
STATE OF GEORGIA
CITY OF MILTON
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. §
13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with
the City of Milton has registered with and is participating in a federal work authorization
program, in accordance with the applicability provisions and deadlines established in O.C.G.A. §
13-10-91.
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-.0$ in the form
attached hereto as Exhibit "l." Contractor further agrees to maintain records of such compliance
and provide a copy of each such verification to the City of Milton at the time the subcontractor(s)
is retained to perform such service.
EEV / Basic Pilot Program User Identification Number
BY: Authorized Officer or Agent Date
(Contractor Name)
Title of Authorized Officer or Agent of Contractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
DAY OF , 200_
Notary Public
My Commission Expires:
37
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "F"
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A.
§ 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the
physical performance of services under a contract with (name of contractor) on behalf of the City
of Milton has registered with and is participating in a federal work authorization program, in
accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91.
EEV 1 Basic Pilot Program User Identification Number
BY: Authorized Officer or Agent Date
(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 , 200_
Notary Public
My Commission Expires:
38
I5.0 GENERAL CONDITIONS
Unless otherwise directed, all work performed under this contract shall be in accordance with the
Georgia Department of Transportation Standard Specifications, Construction of Transportation
Systelns (current edition), and Special Provisions modifying them, except as noted below.
SECTION 101 DEFINITION AND TERMS
Section 101.14 Delete as written and substitute the
COMMISSIONER following:
DIRECTOR OF TRANSPORTATION,
CITY OF MILTON
Section 101.22 Delete as written and substitute the
DEPARTMENT following:
TRANSPORTATION DEPARTMENT
CITY OF MILTON
Section 101.24 Delete as written and substitute the
ENGINEER following:
DIRECTOR OF TRANSPORTATION,
CITY OF MILTON, ACTING DIRECTLY
OR THROUGH A DULY AUTHORIZED
REPRESENTATIVE OF THE DIRECTOR
Section 101.84 Add: DIRECTOR OF TRANSPORTATION
CITY OF MILTON
SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS
Section 102.05 EXAMINATION OF PLANS, Add the following paragraph:
SPECIFICATIONS, SPECIAL PROVISIONS,
AND SITE OF THE WORK. "The City will not be responsible for
Bidders' errors or misjudgment, nor for any
information on local conditions or general
laws and regulations."
Section 102.07 REJECTION OF Add the following subparagraphs
PROPOSALS
'T The City reserves the right to reject any
and all bids, to waive technicalities, and to
make an award as deemed in its best
interest. It is understood that all bids are
made subject to this Agreement, that the
City reserves the right to award the bid to
39
Section 102.08 PROPOSAL
GUARANTY
Add Section 102.15
ADDENDA AND INTERPRETATION
Section 107.09
DELIVERY OF PROPOSALS:
40
the lowest, responsible Bidder, and in
arriving at this decision, full consideration
will be given to the reputation of the Bidder,
his financial responsibility, and work of this
type successfully completed.
"J. The City also reserves the right to reject
any and all bids from any person, firm, or
corporation who is in arrears in any debt or
obligation to The City of Milton, Georgia."
Substitute the following for the first sentence
"No bid will be considered unless it is
accompanied by an acceptable bid bond an
amount not less than five percent (5%) of
the amount bid and made payable to City of
Milton, Georgia. Such Bid Bond shall be on
the forms provided by the City."
Delete in its entirety and substitute the
following:
"Bids must be submitted in duplicate in a
sealed envelope of sufficient size with the
following clearly typed or printed on the
outside:
Purchasing Division, City of Milton
Bid for Construction
Bid Number
Date and Hour of Bid Opening
Company Name
License # (if appropriate)
Bids shall be submitted on the Bid Form
provided by the City.
The bid package as described in Notice to
Contractors, Page 1-1 must be submitted
with the bid. Failure to do so could result in
the omission of pertinent documents and the
rejection of the apparent low bid."
Add the following as 102.15:
"No interpretation of the meaning of the
Contract Documents will be made orally to
SECTION 103
Section 103.02 AWARD OF CONTRACT
Section 103.05 REQUIREMENTS OF
CONTRACT BONDS
Section 103.07 FAILURE TO
EXECUTE CONTRACT
41
any B idder. Any request for such
interpretation should be in writing addressed
to the Purchasing Department, The City of
Milton 13000 Deerfield Pkwy., Suite 197G
Milton, Ga. 30004. TEL. 6781242-2500,
FAX 6781242-2499.Each such interpretation
shall be given in writing, separately
numbered and dated, and furnished to each
interested Bidder. Any request not received
in time to accomplish such interpretation
and distribution will not be accepted.
AWARD OF AWARD AND
EXECUTION OF CONTRACT
Delete in its entirety and substitute
the following:
"The contract, if awarded, shall be awarded
to the lowest responsible bidder. The City of
Milton reserves the right to exercise
exclusive discretion as to the responsibility
of any bidder.
The contract shall be executed on the forms
attached, will be subject to all requirements
of the Contract Document, and shall form a
binding Contract between the contracting
parties."
Delete in its entirety and substitute the
following:
"At the time of the execution of the contract,
and as a part thereof, the successful bidder
shall furnish Contract Bond Below:
Performance Bond in the full amount of the
contract. Payment Bond in the full amount
of the contract. Maintenance bond in the
amount of one-third (113) of the contract. "
Delete in its entirety and substitute the
following:
"Failure to execute the Contract
Performance, Payment or Maintenance
Bonds, or furnish satisfactory proof of
carriage of the insurance required within ten
days after the date of Notice of Award of the
Contract, may be just cause for the
annulment of the award and for the
forfeiture of the proposal guaranty to the
City of Milton, not as a penalty, but as
liquidation of damages sustained. At the
discretion of the City, the award may then
be made to the next lowest bidder, may be
re -advertised, or may be constructed by City
forces. The Contract and Contract bonds
shall be executed in quadruplicate."
SECTION 107 LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC
Section 107.1$ ACQUISITION OF
RIGHT OF WAY
Section 107.21 CONTRACTORS
RESPONSIBILITY FOR UTILITY
PROPERTY AND SERVICE
SECTION 109
Section 104.07 PARTIAL PAYMENTS
42
Add the following paragraph:
"The Contractor shall inspect all easements
and rights-of-way to ensure that the City has
obtained all land and rights-of-way
necessary for completion of the Work to be
performed pursuant to the Contract
Documents. The Contractor shall comply
with all stipulations contained in easements
acquired by the Department."
Add the following sentence to
Paragraph A:
"The Contractor is responsible for the
location of above and below ground Utilities
and structures which may be affected by the
Work."
MEASUREMENT AND PAYMENT
Delete the first sentence of the
Second Paragraph under `A. General"
As long as the gross value of completed
work is less than 50% of the total Contract
amount, or if the Contractor is not
maintaining his construction schedule to the
satisfaction of the Engineer, the Department
shall retain 10% of the gross value of the
work that has been completed as indicated
by the current estimate certified by the
Engineer for payment.
Section 109.08 FINAL PAYMENT Delete in its entirety and substitute
the following.
"Final Payment: Upon completion by the
Contractor of the work, including the receipt
of any final written submission of the
Contractor and the approval thereof by the
Department, the CITY will pay the
Contractor a sum equal to 100 percent
(100%) of the compensation set forth herein,
less the total of all previous partial
payments, paid or in the process of payment.
The Contractor agrees that acceptance of
this final payment shall be in full and final
settlement of all claims arising against the
CITY for work done, materials furnished,
costs incurred, or otherwise arising out of
this Agreement and shall release the CITY
from any and all further claims of whatever
nature, whether known or unknown for and
on account of said Agreement, and for any
and all work done, and labor and materials
furnished, in connection with same."
43
��s,,
City of Milton
ANNUAL STRIPING CONTRACT
DS-PW2
July 301h, 2008
This is a Notice to update City of Milton Bid 08-PW2.
The following references the sample contract. This notice does not need to be faxed
or emailed back to the City of Milton.
Please replace l C on the PROFESSIONAL SERVICES AGREEMENT 14.0with
the followin .
C. Schedule, Completion Date, and Term of Ap_reement
The term of this Agreement shall be from the date of execution until December
31, 2008,
unless terminated earlier as provided for herein. This Agreement shall automatically
renew on January 1, 2009 and on January 1 of each year thereafter absent written notice
of non -renewal provided by the City to the Contractor at least sixty (60) days prior to
December 31, 2008 or December 31 of any then current renewal term thereafter,
provided that this Agreement shall terminate absolutely and without further obligation on
the part of the City on December 31 of each year. This Agreement shall terminate
absolutely and without any further obligation on the part of the City on August 17, 2013.
Title to an su lies materials equipment or other personal property shall remain the
y PP
Contractors' until fully paid for by the City.
-° iCity of Milton
ANNUAL STRIPING CONTRACT
08-PW2
July 3016, 2008
This is a Notice to update City of Milton Bid 08-PW2.
The following references the sample contract. This notice does not need to he faxed
or emailed hack to the City of Milton.
Please re lace I C on the PROFESSIONAL SERVICES AGREEMENT 14.0with
the following.
C. Schedule, Completion ante, and Term of Agreement
The term of this Agreement shalt be from the clate or execmion €m€il Decernher
31, 2008,
unless terminated earlier as provided for herein. This Agreement shall automatically
renew on January 1, 2009 and on January 1 of each year thereafter absent written notice
of non -renewal provided by the City to the Contractor at least sixty (60) days prior to
December 31, 2408 or December 31 of any then cur€-ent renewal term thereafter.
provided that this Agreement shall terminate absolutely and without further obligation on
the part of the City on December 31 of each year. This Agreement shall terminate
absolutely and without any further obligation on the part of the City on August 17, 2013.
Title to any supplies, materials, equipment or other personal property shall rernain the
Contractors' until fully paid for by the City.
PAVEMENT MARKING, LLC 4600 PEEK INDUSTRIAL DRIVE 1 P.O. BOX 73371 COLUMBUS, GA 319 08 1 (706) 563-58671 FAX {706} 563.7762
L7ate: Augusl 1, 20Ub
To: Mr. Rick Pearce
PurctlaslrkW Offil
City of Milton
Re- FYW-02
Fulton Courtly, Georgia
Ouvie 4 9641
Please accapl the following as our quotation to install paint, removal, thermoplastic pavement markings and raised pavement
markars on various County roads as outlined in your proposal. Our unit prices will be as follows:
ITFM H4 nFr.C-RlPF1nu ❑L}AhIT1TY luNiT Ll Rk7 PRICE TOTAL
SECTION A: PAINT
PAINT 5" SKIP {1030; (WHITE Oq YELLOW!
10000
GLr
$C M
$ni. 9
PAIN T5"SO LID YELLOW
70p00
LF
s011
58.58500
PAINT 5"5OLIDWHITE
78,000
LF
S0.10
57,89000
REMOVE EXISTING PAINTS"
1
LF
S1 00
51 �30
SECTION H' THERMOPLASTIC
THE MO SK11`5' (1) W00 (WHITE OR Y ELLOW}
17,M0
GLr
S020
53,sm 20
THER MO SOLID S' YELLOW
3110 rywl
I F
Sn 16
SRR Rr10 CA
THER MO SOLID 5 WHME
330DW
LF
50.25
SS2.Soo On
REMOVEEXISTING THEIR MO5"
1
LF
51.00
E1.0o
SECTION C: RAISED PAVEMENT MARKERS
YELLOW R ECTANG ULAR TWO WAY MAR KER
iEVERY 8o FT. 2 PER PLACEMENT] 132 PER MILE
30
M, -ES
5423.00
512 874 W
ESTIMATED TOTAL FOR PR 03 EL T:
$201,858.00
h11NIMLIM MORI LIZA-nDN IPAINT OR RPM)
51,500.D0
M I FFI M UM N100I UZAT10N (T 11r FIM q"LAS TICI
L3,60e,oe
Pricing is firm through 12M1I2009. If price changes are requested by peek at least 90 days prior to
PLdditlonat renewals, per instructions on page 8, and price changes are denied by the City of Milton, Peek
Pavement Marking, LLC., reserves the right to decline renewat of the Contra cL
The above quanities are estimated. E3rHinq will be based on actual quantities installed.
The a bove unit prices. are based on one (1 } move -In In The project.
The above unit prices do not Include hlading o! grass w cleaning of the roadway. The chy snal; be res ponslble for biading
grass and sweeping roadway if needed prior to placement of pavement markings.
The above pricing may be withdrawn it nol approved within sixty (61Dj days,
We appreciate Via op Porlunny to quota you thi: vvork. If you have my que:tiorl or need Further rnformalum, phase let us know
Thank you and best regards,
PEEK PAVEMENT MARKING LLC
F
Hal Shortnacy
VPAdmlinistration ?
F TruS QU01E ISACCEPtED. PLEASE SIGN AND FAX TO OUR OFFICE CR TH!5 Ot:OTE OAK BE AN EXII.,Pri IN THE CONTR,SC=.
AKP.,rcr NAME (PRINT) N�1a DATE
TRAFFIC STRIPE PAINTING AND THERMOPLASTIC APPLICATJON FOR HIGHWAYS AND AIRPORTS
CITY OF MILTON
City of Milton INVITATION TO DID
-� (THIS IS NOT AN ORDER)
Bid Number:
Project Name-
0
ANNUAL STRIPING CONTRACT
Due Date and Time:
City of Milton
August 5, 2008
Attn: Rick Pearce, Purchasing Otiice
Local Time: 2:00pm
13000 Deerfield Pkwy
ISSUING DEPARTMENT INFORMATION
Issue Date:
July 2, 2008
City of Milton
Public Works Department Phone: 678-242-2500
13000 Deerfield Pkwy, Suite 107G Fax: 678-242-2499
Milton, Ga. 30004 Website: www.cityofrniftonga.us
INSTRUCTIONS TO BIDDERS
Return Submittal to:
Mark Face of Envelope/Package:
Project Number: FYOS-02
City of Milton
Bid Number: 08-PW2
Attn: Rick Pearce, Purchasing Otiice
Name of Company or Firm
13000 Deerfield Pkwy
Suite 107G
Milton, Ga. 30004
Special Instructions:
Deadline for Written Questions
jj
July 18, 2008 @ 5:00PM
Bidder Federal I.D. Number:
Euiail(preferred) questions to Rick Pearce at
,�i? • L: �: i •.i :Y
rick.pearre@cityofrnit'tonga.us or Fax
BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE
questions Attn: Rick Pearce at 578-242-2499
L%IPORTANT: SEE STANDARD TERMS AND CONDITIONS
BIDDERS MUSTCOMPLETE THE FOLLOWLNG
Bidder NamelAddress:
Authorize BiW-6r—Ignatory:
+L..,�F.
[Pi ease print name and sign in ink) . .
.J -•r, �••-.t ',. �"# 's t
Bidder Phone Number:
BidderFAXNumber:
jj
Bidder Federal I.D. Number:
Bidder E-mail Address:
,�i? • L: �: i •.i :Y
Y•w �i F1
BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE
6.0 BID SCHEDULE
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
CITY Off' IIIILTON ANNUAL STRIPING CONTRACT
BID NUMBER 08-PW2
SECTION A: PAINT
ITEM ITEM ESTIMATED UNIT
NUMBER DESCRIPTION UNITS QUANTITY PRICE
. -
1 5' Ski 10:30 Paint GLF 10,000 S 08
Unit Price in Words
2 5' Solid Paint Yellow LF
Unit P6ce in Wards)
3 5' Solid Paint White LF
(Unit Price in Wards)
4 Remove Existing Faint, 5 " LF
Unit r&e in wvrdsy
EXTENDED
PRICE_ _
800.0
78,000 $ .11 s 8,580.00
78,00 $ .10 $ 7,800.00
1 $ 1.00 $ 1.00
SECTION A EXTENDED PRICE TOTAL: $_ 17.18-1.00
SECTION B. THERMOPLASTIC
ITEM ITEM ESTIMATED UNIT EXTENDED
NUMBER DESCRIPTION UNITS QUANTITY PRICE PRICE
1 5" Ski 10:30 Thermoplastic GLF
UM Price in Words
17,530 $ .20 $ 3,506.00
2 5" Solid Thermoplastic Yellow LF 330,000 $ .26 $ 85, 800.00
(Unit Price in Vvords
��� �'�?,t�C•�:'�`ra� r... �. ,.'�.?11(1; 1.
l�
3 5" Solid Thermoplastic White LF
Unpt Pnce in Words
Remove Existing Thermoplastic,
4 S" LF
Unit Price in Wards
330,0O0
$
0.25
$
82,500.00
1
$
1.00
$
1.00
SECTION B EXTENDED PRICE TOTAL; 3 171,807.00
SECTION C: RAISED PAVEMENT MARKERS
ITEM ITEM ESTIMATED
NUMBER DESCRIPTION UNITS QUANTITY
Yelidw Rectangular Two - Way
Marker (every 80FT, 2 per
1 placement) MILES 30
(Unit Price in Words)
UNIT
PRICE
EXTENDED
PRICE
$429.00 $ 12,870.00
SECTION C EXTENDED PRICE TOTAL. ; 12,870.00
GRAND TOTAL QF EXTENDED PRICE $ 201,858-00
(PAINT OR RPM) MINIMUM NIOBILIZTION $ 1,500.00
(THERMOPLASTIC) MINIMUM MOBILIZATION$ 3,500.00
EXTENDED PRICE IS ESTIMATED QUANTITY TIMES UNIT PRICE
GRAND TOTAL OF EXTENDED PRICE IS SUMMATION OF SECTIONS A, t3, C
It is the intent of this contract for each unit price bid to include all labor, materials, equipment,
tools, transportation, and supplies as required as necessary to complete the work- in accordance
with the plans, specifications as directed, and the terms of this contract.
Puri F}►'�;fw�F `�'f' ` '
7.0 BID FORM
BIDDERS MUST RETURN[ THIS SHEET WITH BID RESPONSE
To: City of Milton
Purchasing Office
13040 Deerfield Pkwv
Suite 107G r
Milton, Ga. 30004
Ladies and Gentlemen:
In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder,
proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary
machinery, tools, apparatus, other means of construction, and all materials and labor specified in
the Contract Documents or as necessary to complete the Work in the manner therein specified
within the time specified, as therein set forth, for:
Annual Striping Contract
Bid Number 08-PW2
The Bidder has carefully examined and fully understands the Contract, Specifications, and other
documents hereto attached, has satisfied himself as to the actual conditions and requirements of
the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the
City of Milton in full conformance with the Contract Documents.
Unless otherwise directed, all work performed shall be in accordance with the Georgia
Department of Transportation Standard Specifications. Comsrrucilon of Transporlation Sysrcins
(current editian). All materials used in the process of completion of the wort: included in the
Contract will be furnisher) from Georgia Department of Transportation certified suppliers only.
It is the intent of this Bid to include all items of construction and all Work called for in the
Specifications, or otherwise a part of the Contract Documents.
In accordance with the foregoing, the undersigned proposes to furnish and construct the items
listed in the attached Bid schedule for the unit prices stated.
The Bidder agrees that the cost of any work performed, materials furnished, services provided or
expenses incurred, which are not specifically delineated in the Contract Documents but which
are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been
included in the prices bid for the various items scheduled_
The Bidder further proposes and agrees hereby to promptly cornmence the Work with adequate
forces and equipment within tcn (10) calendar days from receipt of Notice to Proceed. Work
completion timeframe will be negotiated between City and selected vendor.
12
Bidder aCk-nOWlCd2CS Teccipt of the following addenda:
Addendum No Date vievved
s i 1/0r
Bidder further declares that the full name and resident address of Bidder's Principal is as
follows:
Signed, sealed, and dated this
Bidder Mailing Address:
day of
L k -
By:
Title
By:
Title:
13
LA- C
Bidder (Seal)
Compan y Name
8.4 QUALIFICATIONS SIGNATURE AND CERTIFICATION
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
I certify that this offer is nude without prior understanding, agreement, or connection with any
corporation, firm, nr person submitting a proposal for the same materials, supplies, equipment, or
services and is in all respects fair and without collusion or fraud. I understand collusive bidding
is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage
awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sicin
this proposal for the proposer. I further certify that the provisions of the Official Code of
Georgia Annotated, including but not limited to Title 32, Chapter 4, Articie 4, Part 2 and
Sections 45-10-20 et seq. have oat }violated and will not he violated in any respect.
Authorized Signature- _4iY �7_ Date - ZVE,
Print/Type Name
- - --��
Print/Type Company Name Here Phi r' Fk,VEr%4LcPfl*iAlsRM LLr;
CORPORATE CERTIFICATE
certify that I am the Secretary of the Corporation
named as Contractor in the foregoing bid-, that _-- ��' i *•_,. �..• ::..., who signed said laid in behalf of the Contractor, was then {title}
of said Corporation; that said bid was duly signed for and in behalf of said Corporation by
authority of its Board of Directors, and is within the scope of its corporate powers; that said
Corporation is organized under the laws of the State of
&+54, u
Thisday of = _ np;
(Signatuti )
14
9.0 LIST OF SUBCONTRACTORS
BIDDERS MUST RETURN THIS SHEET WITH SID RESPONSE
I do do not Y , propose to subcontract some of the work ori this project. I
propose to Subcontract work to the following subcontractors:
Company Name:
PIC-EK'PAVEN'.ENT MARKING, 1-10
F
10.0 BID PRICE CERTIFICATION
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
In compliance with the attached Specification, the undersigned offers and agrees that if this Bid
is accepted, by the G ty Council within Sixty (60) days of the date of Sid opening, that he will
furnish any oral] of the Items upon which Prices are quoted, at the Price set opposite each Item.
delivered to the designated point(s) within the time specified in the Bid Schedule.
C�
r,
COMPANY E Y, FAV F E IT I -A A R V, I t1l '(31 It L I
ADDRESS
AUTHORIZED
SIGNATURE
PRINT / TYPE NAME
V11
12.0 RESPONSE TO SECTIONS
BIDDERS MUST- RETURN THIS SHEET WITH BID RESPONSE
Please review and initial that the sections and subsections have been read and that the Bidder will
comply with the sections.
INITIAL
1.0 DEFINITIONS- ......... ..................................................................... RhttU AND Li'1LL CO'111'LS'��
1 �
2.0 INVITATION TO BID.................................................................... READ AND WILL COMPLYs�4
IV
3.0 SCHEDULE OF EVENTS.............................................................. READ AND WILL COMPLY 11
4.0 ANNUAL STRIPING PROJECT SCOPE ....................
4.1 SCOPE
4.2 DESCRIPTIONS
4.3 EVALUATION
4.4 GEVEPUL NoTEs:
5.0 BIDDING INSTRUCTIONS ............. I............................
5.1 SummvrT:1.L R£QLriRF mv,%,Ts
5.2 INFORMATION AND INSTRUCTIONS
5.3 INSURAMcE REQL'IRENIENTS
5.4 BONDING REQL'IRMFNTS
5.5 OATH
...... READ AND WILL COM PLY _
READ ANIS WILL COMPLY
6.0 BID SCHEDULE............................................................................. READ AND WILL COMPLY�—
7.0 111D FOml............... ....................................................................... READ AND WILL COMPLY �
8.0 QUALIFICATIONS SIGNATURE AND CERTIFICATION ..._ READ AND WILL COMPLY__
f
9.0 LIST OF SUBCONTRACTORS.................................................... READ AND V ILL COMPLY
f
10.0 BID PRICE CERTIFICATION................................................... READ AND "'ILL COMPLY
11.0 PAYMENT BOND
._...............__.....--•............................................. READ AND ��'ILI, C[7h[i'Ll'--+-------
��
12.0 RESPONSE TO SECTIONS ........................................................ REAR A1413 WILL COhII'1,Y�_
13.0 DISCLOSURE FORM ......................
............................................ READ AND WILL COMPLY
C'O, �—
14.0 PROFESSIONAL SERVICES AGREEhIE[tiT.......................... READ AND WILL CC]3IFLY�
it
15.0 GENERAL CONDITIONS.... ............................................. READ AND WILL COM PLY
,_ �
10
13.0 DISCLOSURE FORM
CITY OF MILTON
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
This form is for disclosure of campaign contrihutions anrd farnilF member relations N61h
City of Milton officials/employees.
Please complete this form and return as part of your Bid package -when it is submitted.
Name of Bidder
Name and the official position of the Milton Official to whom the campaign contribution
was made (Please use a separate form for each official to whom a contribution has been
made in the past two (2) years.)
A,��!:
List the dollar amount1 slue and description of each campaign contribution made over the
past two (2) years by the Applicant/Opponent to the named Milton Official.
AmountlValue Description
Please list any family niemher that is currently (or has been emplo} ed within the last 9
months) by the City of Milton and your relation;
21
EXHI RIT "E"
STATE OF GEORGIA
CITY OF MILTON
CONTRACTOR AFFIDAVIT AND AGREENTENT
By executing this affidavit. the undersigned contractor verifies its compliance with O-C.G.A. §
13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with
the City of Milton has registered with and is participating in a federal work authorization
program, in accordance with the applicability provisions and deadlines established in O.C.G.A. §
13-10-91.
The undersi,,ned further agrees that, should it employ or contract with any subcontractods7 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 prot1ided in Rule 300-lU-01-.09 in the form
attached hereto as Exhibit "1." Contractor further agrees to maintain records ol'such compliance
and provide a copy of each such verification to the City of Milton at the time the subcontractorW
is retained to perform such service.
EEV 1 Basic Pilot Program User Identification Number
pl:t4�
CyjdiR��,� f: i Ivi.'s11. `•.i ��s.
BY: Authorized Officer or Agent Date
(Coni.tor Nana)
,a'�
t ft_ � li �� Y'CC.:i �i.: _ �-�: L•.:_4i;i'1
Title of Authori- d Officer or Agent of Contractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
DAY OF 200
Notary Public
My Commission Expires:
37
STATE OF GEORGIA
CITY OF A'IILTON
P H1RTT'ski"'
SUBCONTTRACTOR AFFIDAVIT
13y executing this affidavit, the undersigned subcontractor verifies its compliance Nvith O.C.G.A.
§ 13-10-91, stating affirmatively that the individual, firth or corporation which is en -aged in the
physical performance of services under a contract with (name of coniractor) on behalf of the City
of Milton has registered with and is participating in a federal work authorization program, ill
aCCOrdanCe with the applicability provisions and de.acll nes cstahlishcri in O-C—G,A- § 13-10-91.
EEV I Basic Pilot Program User Identification Number
BY: Authorized Officer or Agent Date
(Subcontractor Narne)
Title of Authorized Officer or Arent of Subcontractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
DAY OF .200
Notary Public
My C0rtlrrti.Ssion Expires:
38
BID BOND
Conforms with The American Institute of
Architects, A.I.A. Document No. A-310
KNOW ALL BY TIiESE PRESENTS. That we. PEEK PAVEMENT MARKING., LLC .------- —. --
4600 PEEK INDUSTRIAL DRIVE -
COLUMBUS, GA 31909 as Principal, lik!minafter called the Principal.
and the HARTFORD ACCIDENT AND INDEMNITY COMPANY
of HARTFORD PLAZA, HARTFORD. CT 06115 a corpetration duly or4ani7ed cinder
the laws of -the State of CONNECTICUTas Surety, hereinafter called the Suret,. are held and firm Iv bound unto
CITY OF MILTON
13000 DEERFIELD PARKWAY, SUITE 107G, MILTON, GA 30004
as Obligee. hereinafter called the ONi_ec,
in the sum of 5% of Bid Amount -------•-------------_______________________-=-__�_------------�
Dollars (S 5% of Bid Amount ) , for the payment of which sum well and truly to be trade. the said Principal and the said
Surety. bind ourselves, our heirs, executors, adininistrators, successors and assigns, jnintly and severtily, firmly by these presents.
WHEREAS. the Principal has submitted a bid for PROJECT NO. FY08-02, BID#08-PW2
NOW. THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee:
in accordance with the terms of such bid. and ;ive such bond or bonds as may be specified in the bidding or Contract Documents .+ ith
good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such band or bonds_ if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount far which the Oblibee may in gond faith contract with another party to perform the Work cowered by said bid, ttaen this
obligation shall be null and void. otherwise to remain in full force and effect_
Shined and sealed this 5TH clay of August 20108
PEEK PAVEME MARKING, LLC (Seal)
Principal
'f• ��' .,5.,'.._ Witness ��_....�.
4 Tille
DANA D. RUTLEDGE 'Witness
HARTFORD ACCIDENT AND INDEMNITY
COMPANY
t J
JERRY 0qU, ELL Attornev-in-fact
iron
FRP
Direct InquirieslClaims to:
PO-VvTR OF ATTORNEY
THE
ORD
� a A ENUE
HARTFORD, CONNECTICUT 06115
call. 888-2b6-3458 or fax: 560-757-58x5
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 20-260b86
0 Hartford Fire Insurance Company, a corporation duly argaudzcd under the laws of the State of Connecticut
Hartford Casualty Insurance Company, a corpnrstien duly organized under the laws offhe State of Indiana
Hartford Accident and Indemnity Company, a corporation duly organized under the laws ofthe Siatc of Connecticut
Hartford Underwriters lnsurande Company, a corporation duly organized undcr the laws of tide Stat; of Cciwecticul
Twin City Fire Insurance Company, a corporation duly organiicd under the laws of the Stata of ladiaoa
Hartford Insurance Company of IIIInaIs, a corpnratioo duly organised under the. laws of the State of IIIinois
Hartford Insurance Company of the Midwest, a corpnsation duly organize3 under the laws c the State of Indiana
Hartford Insurance Company of the Southaast, a crrrpnratifin duly nrganixed undcr 1 h laws of the State of Fiarid a
having their home office in Hartford. Connecticut, (haminafter collectively rate z red to as the'Companies') do hereby make, consbtule and appoint,
tap to the arnourit of unlimited:
Chrisicphar B. Worth am, Jerry Boutwadl, L.asfia A, Paulsen, Shirley A. Colernan, ❑arek Wortham, Michael A. Jones
of
Norcross; GA
their true and Iswful Attomey(s)-in-Fact, each. in their saparnta capacity if more than nne is named above, to sign itq name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and.all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in..their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guorantaaing bonds and undertaWngs rerluirsd or.perm9tked_ in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of'Directors of the Companies on July 21, 2W3 the Companies
have caused these presents to be signed by its Assistant Vice president and its gorporate seals to be hereto x1fixed, duly attested by its Assistant
Secretary. Further, pursuant to Rt yolubur, of tl)u Board of Directors of the Co npanies, flle 0OIIIIl2Fji US Itel eby Undl Ili7lyUUUbly OrIFIrl lhatth Fly Citi
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
_'+" ;:�.,wFy ►ear .
/r � G.,.a•� � ; *2w
- r'0 a .
Paul A. $eigoiIiultz, Assistant Secretary
STATE OF CONNECTICUT
ss. N�artford
COUNTY OF HARTFORi]
! Y" �f w'; cif • f� 1! -�Y'f'�f~
favid T. Akers, Asslalant V President
Dn this 4th day of August, 2004, before ma parsonally came David T. Akers, to ma known, who being by me duly sworn, did dcporc and
says that he resides in the County of Hampden, Commonwealth'of Massachusetts; that he is. the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument that he !mows the seals of the said corporations; that the seals affixed to the
said instrument are such corporate souls; that thay were Ea affixed by autlioft of the Boards of Directors of said corporations and that ho signod
his name thereto by like authority.
• :i!!ue . ScauE. Pasako
Rotary Public
CEFLTIFICATE My C aaFml ssi oa Sxp ccs O uceber 31, 20"
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and torrect
cagy of the Power of Attorney executed by said Companies, which is still in full force effective as of At IGLJST 5 2008
Signed and sealed at the City of Hartford.
5 ��'� _ �' `' { 4 f3 7 �' ��,..'•'n4� �:�*� „'ani` 1; if'"`'�
"r �++' '.tisr..eF��►. • '•aur►.117
8. 1478, IaT+I
F '��.•h-tri 3Tl '� aY' F �a�[llf�rz H•fua� '1.
Gary VV. Bturnpar, Assistant Vice President
POA 2004
EXHIBIT "B"
STATE OF GEORGIA
CITY OF MILTON
CONTRACTOR AFFIDAVIT AXQ AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. §
13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with
the City of Milton has registered with and is participating in a federal work authorization
program, in accordance with the applicability provisions and deadlines established in O.C.G_A. §
13-10-91.
The undersigned further agrees that, should it employ or contract with any subcontractor(s) in
connection with the physical performance of services pursuant to this contract with the City of
Milton, contractor will secure from such subcontractor(s) similar verification of compliance with
O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form
attached hereto as Exhibit "I." Contractor further agrees to maintain records of such compliance
and provide a copy of each such verification to the City of Milton at the time the subcontractor(s)
is retained to perform such service.
EEV 1 Basic Pilot Program User Identification Number
BY: Authorizeder �geMtDate
(Contractor Name)
MARC HINSON, PRESIDENT
Title of Authorized Officer or Agent of Contractor
C
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
Vii-- DAY OF - _ , 200
Notary Public
My Commission Expires:
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "C"
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A.
§ 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the
physical performance of services under a contract with (name of contractor) on behalf of the City
of Milton has registered with and is participating in a federal work authorization program, in
accordance with the applicability provisions and deadlines established in 0.C.G.A. § 13-10-91.
P,C �-kL 43S,-3
EEV 1 Basic Pilot Program User Identification Number
BY: Authorized Offi �ntDate
(Subcontractor Name
f IARC Hi14Sa%C N, N��
Title of Authorized Officer or Agent of Subcontractor
s�[�:��— �ki�j Srti
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
�14--- DAY OF A - , 200
Notary Public
My Commission Expires: 1
EXHIBIT "D"
KEY PERSONNEL
[CONSULTANT NEEDS T❑ PROVIDE THIS INFORMATION[
EXHIBIT "E"
Cln' OF SII LTON .A-N`NUAL STM PING CONTR RCT
BED.NUMBERWW IAV2
SECTION
A PAINT
ITEM ITEM
ESTIMATED
NL.INBER DESCRIPTION
auuJnTr
1 5' Skip (10:30) FaArd
10,000
2 S' Solid Paird Yelbw
78,000
3 5' Solid Paird White
78,000
4 Fbivve Existing Paim, 5"
1
SECTION E3: TFIEW)PLAST1C
12131 f 2010
FI`EM ITEM
ESTIMATED
NL*A3ER DESCRIPTION
CLIAt'fiITY
1 5' Skip {1030} Thermoplastic
17,530
2 5' Solid Th vnx)oastic Yellow
330,000
3 5' Salid Tb&Trupiasticwlite
330,000
4 Rerrove Erosting Thermoplastic, 5'
1
SECTION C: RAESED PAVEMENT 94FK RS
0.11
ITEM ITEM
ESTIMATED
NUMBER DESCRIPTION
LILIANIITY
1 Yellow rectangular Tm - Way Marker
30
LINT
UNIT
UNIT
U"T
PRICE
PRICE
PRICE
PEACE
Thmugh
Through
Through
Through
1713112009
12131 f 2010
12131 !2011
12131/2012
0.08
0.08
0.09
0.09
0.11
0.11
0.12
0.12
0.10
0.10
0.11
0.11
1.00
1.04
1.07
1.11
0.20
0.21
0.21
0.22
0.26
0.27
0.28
0.29
0.25
0.26
0.27
0.28
1.00
1.04
1.07
1.11
LMT
PRICE
Through
8117/2013
0.09
0.13
0.11
1.15
0.23
0.30
0.29
1.15
429.00 444.02 459,56 475.64 49229
EXMBIT "F"
PAYMENT BONS] 20BCSEZ2751
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT Peek Pavement Marking, LLC (as
Hartford Accident and Indemnity
CONTRACTOR, hereina-fter referred to as the "Principal' ), and company (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
"County'), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of
Dollars (1201,858-00 , 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.
`VI LEREAS, the Principal has entered, or is about to enter, into a certain written
agreement with the County, dated
which is incorporated herein by reference
in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project
FY08-02, Fulton County Georgia
lmown ,(hereinafter referred to as "the
PROJECT").
NOW THEREFORE, the condition of this obligation is such that if the Principal shall
promptly make payment to any Claimant, as hereinafter defined, for all labor, services and
materials used or reasonably required for use in the performance of the Contract, tiieu '"Lis
obligation shall be void; otherwise to remain in full force and effect.
A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership,
corporation or other entity furnishing labor, services or materials used or reasonably required for
use in the performance of the Contract, without regard to whether such labor, services or
materials were sold, leased or rented, and without regard to whether such Claimant is or is not in
privity of the Contract with the Principal or any Subcontractor performing Work on the Project.
in the event of any claim made by the Claimant against the County, or the filing of a Lien
against the property of the Count] affected by the Contract, the Contractor's Surety shall either
settle or resolve the Claim and sltatl 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 seat.
IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed
their corporate seals and caused this obligation to be signed by their duly authorized officers on
tlris day of 20
[SIGNATURES ON FOLLOWING PAGE]
23
Attest:
Title: (—,,—A
Date: 9 � - C
Attest:
Ar;4�1—
Tj-de: BOND ACCOUNT EXECUTIVE
Date:
(Name of Principal)
PEEK PAVEMENT MARKING, LLC
By:
Title: - : '. ` (SEAL)
(Name of Contractor's Surety)
HARTFORD ACCIDENT AND INDEMNITY COMPANY
S
JERR BOU ELL, ATTORNEY-IN-FACT
Title: (SEAL)
(ATTACH SURETY'S POWER OF ATTORNEY)
24
Direct Inquiries/Claims to:
POWEROF ATTORNEYTHE 690 ASYLUM HARTFORD NUE
HARTFORD. CONNECI c;u,r 06115
calf: 888-266-3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 20-260066
Hartford Fire insurance Company, a corporation duly organized under the laxvs of the State of Connecticut
Hartford Casualty Insurance Company, a corporation duly organized under the la,rS of the State of Indiana
0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws ofthe State of Connecticut
Hartford underwriters Insurance Company, a corporation duly organized under the laws of the State of Connccticut
Twin City Fire Insurance Company, a corporation duly organized under the iaws of tite State of Indiana
0 Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
L� Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
0 Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, thereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of unlimited.
Christopher B. Wortham, Jerry Boutwell, Leslie A. Paulsen, Shirley A. Coleman, Derek Wortham, Michael A. Jones
of
Norcross, GA
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to si,n i+s name as sk-1-4y(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law,
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary- Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
!` �y.o�, � � �` ::., .,"e.r� ~�, F LVE a ��_* _ : ��ua•er,.�_.:'- :�; "?'�.w'°'o.n*r,� ;
`. y+ 4 }�` +�� � �r • �+�A ..�.`.ys - .,^w.�is�w � `irk+......e ,"' f ��,d?-`f
-f,a CA- -
Paul A. Bergenholtz, Assistant Secretary
STATE OF CONNECTICUT
ss. Hartford
COUNTY OF HARTFORD
David T- Akers, Assistant Vice President
On this 4th day of August, 2004, before me personally came David T- Akers, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hampden, Commonwealth of Massachusetts-, that he is the Assistant Vice President of the Companies, the
Corporations described in and which executed the above instrument; that he knows the seals of the said corporations. that the seals affixed to the
said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed
his name thereto by like authority-
* Scott E- Paseka
Notary Public
CERTIFICATE My Commission Expires October?], 2007
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of
Signed and sealed at the City of Hartford -
Ty go,
q fQ,f ��� y►11 0.� Y �+�a .ver !
a ��re�, gar '\ _ :..V"'>'���•�. _ •r+nun*s°n"Ro
♦ .•T., �_-- "e.,,ea'� rl . t► • .: � nom; ti �•,
! If
Gary W. Stumper, Assistant Vice President
POA 2004
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 08-10-
A RESOLUTION TO CREATE THE MILTON GROWS GREEN COMMITTEE
AND ITS GOVERNING BOARD AND FOR OTHER DESIGNATED PURPOSES
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on
the 6TH day of October, 2008 at 6:00 p.m. as follows:
WHEREAS, the City of Milton would like to promote and encourage environmental
responsibility and the efficient use and conservation of natural resources by citizens and
organizations having activities in the City of Milton; and
WHEREAS, the concept of Milton “growing green” was brought to Council in September 2007
and a citizens committee was then formed in February 2008 for the purpose of recommending
actions for the City with regard to environmental matters; and this citizens committee has met
more than 20 times since its inception creating a mission statement, a logo, establishing five
subcommittees and initiating a variety of value added projects; and
WHEREAS, the City of Milton environmental citizens committee is hereby named the Milton
Grows Green Committee (MGG); and
WHEREAS, the logo for the Milton Grows Green Committee shall be:
[As approved by majority vote of the committee]
WHEREAS, the MGG Committee mission “is a citizens’ committee advocating responsibly
managed growth by conserving and protecting resources, while preserving Milton’s heritage and
natural landscape for future generations”; and
WHEREAS, the MGG Committee has stated goals consistent with the mission and values of the
City of Milton including to: preserve and enhance the City of Milton’s rural character consistent
with its stated mission; encourage appropriate and sustainable growth for present and future
generations; identify standards and incentives for greener, more sustainable building practices;
promote sound public policy by providing research and information on practices that protect
natural resources; develop a framework for evaluating and recommending and/or implementing
appropriate initiatives; and, raise awareness and influence personal choices in ways that improve
the health and quality of life for residents; and
WHEREAS, MGG governance shall be provided by the Committee’s Governing Board
comprised of eleven members of the community, which shall initially be appointed by majority
2
vote of the City Council, each having experience, knowledge and/or expertise with
environmental and/or conservation issues; and
WHEREAS, after initial appointment of the MGG Committee’s Governing Board, all further
appointments shall be undertaken by majority vote of the remaining membership of the MGG
Committee’s Governing Board; and
WHEREAS, the MGG Committee’s Governing Board shall elect a chair and vice-chairs, or co-
chairs, by majority vote; and,
WHEREAS, the MGG Committee’s Governing Board may establish and appoint representatives
to as many committees and subcommittees as are determined by the Committee’s Governing
Board to be necessary for the mission of the MGG to be accomplished; and
WHEREAS, in addition, the MGG Committee shall authorize and provide for volunteers to
fulfill the functions of the Committee and its Governing Board, it being understood that all MGG
members will be volunteers and not be compensated for any time or expenses associated with
any assignment or function carried out by the MGG Committee or its Governing Board; and
WHEREAS, staff of the City of Milton may attend the meetings of the MGG Committee and its
Governing Board but shall hold no official capacity on the Board; and
WHEREAS, other citizens interested in the areas of concern of the MGG Committee may join
the Committee and participate in its activities, except those reserved to the Governing Board;
and
WHEREAS, each person nominated to the MGG Committee’s Governing Board shall hold
office for a period of two years or until such time as they are no longer able to participate in the
committee; and
WHEREAS, each person serving on the MGG Committee’s Governing Board may be removed
from the Board for cause by a two-thirds vote of the Board; which, for purposes of this
Resolution shall mean (1) malfeasance or misfeasance in carrying out official functions, (2)
unwillingness to carry out official functions, (3) unreasonable number of absences from meetings
and/or official events, and (4) any other act or omission that would lead a reasonable person to
conclude the committee member is unfit for continued service on the Board; and
WHEREAS, the MGG Committee’s Governing Board shall meet at regular intervals to perform
the tasks and duties of recommending actions to the city staff and city council, and carrying out
other activities of the Committee; and
WHEREAS, the MGG Committee’s Governing Board shall adopt such rules of procedure as it
deems necessary to ensure the orderly administration of MGG business; and
WHEREAS, the MGG Committee is a recommending body sanctioned by the City of Milton –
the MGG Committee has no authority to bind the City or its officers or agents; and
3
WHEREAS, should any member of the MGG Committee’s Governing Board be unable to fulfill
their duties or removed for any reason, the Board shall nominate a new member to be confirmed
by a majority vote of the Board.
NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON,
GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF CITY COUNCIL, that:
By passage of this resolution, the City of Milton Mayor and the City Council create the Milton
Grows Green Committee (“MGG”), with a Governing Board comprised of eleven individuals, to
serve as the official MGG Committee to the City of Milton; and
BE IT FURTHER RESOLVED that the initial members of the MGG Board shall be:
Original MGG Committee Governing Board Members
Marc Arrington
Cindy Eade
Melissa Estes
Kathi Cook
Francia Lindon
Jack Lindon
Melinda McConnell
Jon McPhail
Tom Sewell
Charles Slade
Gina Schwendel
BE IT FURTHER RESOLVED, that qualifications for serving on the MGG Board, the rules
and regulations for Board membership, duties, powers, officers, removal, term limits,
disqualification, and volunteer status shall be as set forth in the preamble to this Resolution;
and
BE IT FURTHER RESOLVED, that the MGG logo shall be as depicted in the preamble to
this Resolution.
RESOLVED this _______ day of October 2008.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
_________________________________
Jeanette R. Marchiafava, City Clerk
(Seal)