HomeMy WebLinkAbout03-15-10 PacketPage 1 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Burt Hewitt
Joe Longoria
Alan Tart
Monday, March 15, 2010 Regular Council Meeting Agenda 6:00 PM
INVOCATION – City of Milton Firefighter, Jason Baswell
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Mayor)
4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 1071)
5) PUBLIC COMMENT
6) CONSENT AGENDA
1. Approval of the February 8, 2010 Work Session Meeting Minutes.
(Agenda Item No. 1072)
(Sudie Gordon, Interim City Clerk)
2. Approval of the February 17, 2010 Regular Meeting Minutes.
(Agenda Item No. 1073)
(Sudie Gordon, Interim City Clerk)
3. Approval of Financial Statements for the period ending February 2010.
(Agenda Item No. 1074)
(Stacey Inglis, Finance Director)
MILTON CITY COUNCIL REGULAR MEETING AGENDA MARCH 15, 2010 – 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.
4. Approval of a Contract between the City of Milton and Advanced Processing and
Imaging.
(Agenda Item No. 1075)
(John Umphlett, IT Director)
5. Approval of a Contract between the City of Milton and AT&T.
(Agenda Item No. 1076)
(John Umphlett, IT Director)
6. Approval of a Contract for the Reconstruction of the Canterbury Lane Cul-de-sac.
(Agenda Item No. 1077)
(Carter Lucas, Public Works Director)
7) REPORTS AND PRESENTATIONS
1. A Proclamation Recognizing Arbor Day.
(Presented by Lynn Tully, Community Development Director)
8) FIRST PRESENTATION
1. Approval of an Ordinance to Create Article 13 Of The City Of Milton Zoning Ordinance
To Establish A Historic Preservation Commission In The City Of Milton To Provide for
Designation of Historic Properties; To Provide For Issuance Of Certificates Of
Appropriateness; To Provide For An Appeals Procedure; To Repeal Conflicting
Ordinances; And For Other Purposes.
(Discussed at March 8, 2010 Council Work Session)
(Agenda Item No. 1078)
(Presented by Lynn Tully, Community Development Director)
2. Approval of an Ordinance To Amend Chapter 7, Alcoholic Beverages, Of The City Of
Milton Code Of Ordinances.
(Agenda Item No. 1079)
(Presented by Ken Jarrard, City Attorney)
9) PUBLIC HEARINGS (none)
MILTON CITY COUNCIL REGULAR MEETING AGENDA MARCH 15, 2010 – 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.
10) ZONING AGENDA
1. RZ10-01/VC10-01 - 3105 Bethany Bend (Southeast corner of Bethany Bend and Hwy
9) by D Squared Development, LLC to rezone from AG-1 (Agricultural) and C-1
(Community Business) to C-1 (Community Business) to develop a 2,400 square foot gas
station with 5 pump islands at a density of 2,755.45 square feet per acre. The applicant is
also requesting a concurrent variance to reduce the 20-foot landscape strip to 10 feet
along Bethany Bend (Section 64-1090(a)).
(Agenda Item No. 10-1063)
(First Presentation on March 1, 2010)
(Presented by Lynn Tully, Community Development Director)
2. ZM10-01 – Birmingham Hwy (SR 372) (West Side) and Crabapple Road (North Side)
a/k/a Braeburn by John Wieland Homes and Neighborhoods, Inc. to request a 5 part
modification to Z05-117 for the following:
1) To modify Condition 1.d, which currently allows up to 54 townhomes at a
maximum density of 0.86 dwelling units per acre to allow up to 47 townhomes at a
maximum density of 0.75 dwelling units per acre based on total acreage zoned,
whichever is less.
2) To modify Condition 1.e, which currently allows up to 45 single-family residential
units at a maximum density of 0.72 dwelling units per acre, to allow up to 52
single-family residential units at a maximum density of 0.83 dwelling units per acre
based on total acreage zoned, whichever is less.
3) To modify the required minimum lot size in Condition 1.f from 18,900 square feet
such that no more than three (3) lots shall have a minimum lot size of 10,890 square
feet (approximately ¼ acre) or above, at least three (3) lots (Lots 11-13) shall have a
minimum lot size of one (1) acre or above, and the remaining lots shall have a
minimum lot size of 14,500 square feet (approximately 1/3 of an acre) or above.
4) To modify Condition 2.a to replace the revised site plan received by the Fulton
County Department of Environment and Community Development on June 7, 2006
with the revised site plan received by the Milton Department of Community
Development on February 4, 2010.
5) To modify Condition 3.e to reduce the 15-foot building separation to a 10-foot
building separation with a 5-foot side yard setback for lots less than one (1) acre.
(Agenda Item No. 10-1064)
(First Presentation on March 1, 2010)
(Presented by Lynn Tully, Community Development Director)
MILTON CITY COUNCIL REGULAR MEETING AGENDA MARCH 15, 2010 – 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.
11) UNFINISHED BUSINESS (none)
12) NEW BUSINESS
1. Approval of a Technical Assistance Grant Submission: ARC Community Choices
Assistance Program – Milton Sign Ordinance.
(Agenda Item No. 1080)
(Discussed at Staff Reports on March 1, 2010.)
(Presented by Lynn Tully, Community Development Director)
13) MAYOR AND COUNCIL REPORTS
14) STAFF REPORTS
1. Discussion of the Milton Trail Plan and Bike and Pedestrian Path Committee.
(Presented by Cyndee Bonacci, Parks and Recreation Director)
15) EXECUTIVE SESSION (If needed)
(Agenda Item No. 1081)
16) ADJOURNMENT
(Agenda Item No. 1082)
The minutes for
February 8th Work
Session and February
17th Regular Meeting
provided electronically
on March 4, 2010 to
council.
City of Milton
13000 Deerfield Parkway Suite 107G Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Director
Date: March 15, 2010 City Council Meeting
Agenda Item: Financial Status Report for Period 5 – February 2010
OVERVIEW and FINANCIAL HIGHLIGHTS:
General Fund
Revenues continue to be skewed higher than the normal anticipation for this period in
the fiscal year at 176.4%. As mentioned in previous financial reports, these excess funds
will replenish the depleted FY 2009 fund balance. A budget amendment will be coming
before you within the next four to six weeks that will account for these revenues
properly.
Total expenditures to-date are $6,283,455 and are 12.1% less than expected for this
period of the fiscal year.
Capital Project Fund
Expenditures within this fund continue to occur on a project-by-project basis. With a
total project expenditure budget of $6,334,903, capital expenditures-to-date total
$391,169.
FINANCIAL OPERATIONS:
Tree Replacement Fund: Balance: $12,800
Sidewalk Replacement Fund: Balance: $70,558
City of Milton
STATEMENT OF REVENUES & EXPENDITURES
General Fund
For the Period Ending February 2010
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Property Tax 9,177,549 246,774 124,000 122,774 7,776,135 1,240,000 6,536,135
Motor Vehicle Tax 500,000 32,109 41,667 (9,557)151,279 166,667 (15,388)
Intangible Tax 190,000 12,007 15,833 (3,826)55,389 63,333 (7,945)
Real Estate Transfer Tax 35,000 2,403 2,917 (514)13,738 11,667 2,072
Franchise Fees 1,700,000 493,603 425,000 68,603 508,493 425,000 83,493
Local Option Sales Tax 3,400,000 38,752 283,333 (244,581)1,239,495 1,133,333 106,162
Alcohol Beverage Excise Tax 254,000 17,870 21,167 (3,297)90,364 84,667 5,697
Business & Occupation Tax 575,000 80,501 86,250 (5,749)142,139 143,750 (1,611)
Insurance Premium Tax 850,000 0 0 0 0 0 0
Financial Institution Tax 23,000 4,508 4,600 (92)4,508 4,600 (92)
Penalties & Interest 53,000 51,098 5,100 45,998 70,060 51,000 19,060
Alcohol Beverage Licenses 122,000 5,100 115,900 (110,800)127,400 122,000 5,400
Other Non-Business Permits/Licenses 11,710 1,532 1,031 501 7,843 6,144 1,699
Zoning & Land Disturbance Permits 32,500 2,325 2,708 (383)8,942 13,542 (4,600)
Building Permits 50,000 8,861 4,167 4,694 20,985 20,833 151
Intergovernmental Revenue 0 0 0 0 40,348 0 40,348
Other Charges for Service 326,160 17,917 22,555 (4,638)88,083 124,442 (36,359)
Municipal Court Fines 452,500 429 37,708 (37,279)169,887 188,542 (18,654)
Interest Earnings 20,000 4,815 1,667 3,148 7,864 8,333 (470)
Contributions & Donations 0 2,370 0 2,370 2,370 0 2,370
Other Revenue 37,802 635 0 635 637 0 637
Other Financing Sources 7,000 0 0 0 0 0 0
Total Revenue 17,817,221 1,023,610 1,195,603 (171,992)10,525,957 3,807,853 6,718,105
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Mayor and Council 157,189 16,982 12,505 4,477 49,831 58,690 (8,859)
Clerk of the Council 572,785 12,275 107,496 (95,221)250,973 263,877 (12,903)
City Manager 395,023 21,057 32,128 (11,072)100,941 164,958 (64,018)
Finance 1,029,285 89,062 93,463 (4,401)391,248 430,930 (39,681)
Legal 200,000 22,618 16,667 5,952 62,711 50,000 12,711
Information Technology 1,073,453 29,022 88,422 (59,401)526,035 446,054 79,981
Human Resources 334,251 17,086 25,111 (8,026)82,632 132,114 (49,482)
Risk Management 195,252 1,910 1,250 660 3,043 6,250 (3,207)
General Government Buildings 482,415 42,973 40,201 2,772 200,327 201,006 (680)
Public Information & Marketing 493,811 24,478 41,096 (16,618)162,314 205,480 (43,165)
Municipal Court 244,982 17,369 19,010 (1,640)90,931 103,481 (12,550)
Police 2,583,623 209,526 201,877 7,648 895,842 1,086,196 (190,353)
Fire 4,189,001 300,298 326,351 (26,053)1,479,203 1,763,150 (283,946)
EMS Operations 132,250 11,021 11,021 (0)55,104 55,104 (0)
Public Works 2,025,376 159,035 168,776 (9,741)728,116 843,792 (115,676)
Parks & Recreation 140,339 10,941 10,905 36 39,000 58,265 (19,265)
Community Development 1,379,700 53,710 114,650 (60,940)448,662 573,250 (124,588)
Debt Service - Capital Lease Payment 709,395 0 709,395 (709,395)716,541 709,395 7,146
Operating Transfers to Other Funds 1,316,236 0 0 0 0 0 0
Operating Reserve 163,630 0 0 0 0 0 0
Total expenditures 17,817,996 1,039,363 2,020,324 (980,962)6,283,455 7,151,992 (868,537)
Net Income/(Loss)(15,752)4,242,502
Current Month Year-to-Date
Annual BudgetRevenue
Operating Expenditures Annual Budget
Current Month Year-to-Date
3/4/2010
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Contributions & Donations 5,000$ -$ 3,700$ (1,300)$
Interest Revenues - - - -
Holiday Card Sales - - - -
T-shirt Sales - - - -
Mayor's Run - - 2,367 2,367
Total revenues 5,000$ -$ 6,067$ 1,067$
EXPENDITURES
Current:
Special Events 45,000$ -$ 20,714$ 24,286$
Total Expenditures 45,000$ -$ 20,714$ 24,286$
OTHER FINANCING SOURCES (USES)
Transfers in from Hotel/Motel Tax Fund 40,000$ 3,129$ 13,723$ (26,277)$
Total other financing sources and uses 40,000$ 3,129$ 13,723$ (26,277)$
Net change in fund balances -$ (925)$
City of Milton
Special Events Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2010
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Cash Confiscations $ - $ - $ - $ -
Interest Revenues - 7 36 36
Total revenues $ - $ 7 $ 36 $ 36
EXPENDITURES
Current:
Police $ - $ - $ 2,641 $ (2,641)
Total Expenditures $ - $ - $ 2,641 $ (2,641)
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund $ - $ - $ - $ -
Total other financing sources and uses $ - $ - $ - $ -
Net change in fund balances $ - $ (2,605)
City of Milton
Confiscated Assets Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2010
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Wireless 911 Fees 570,000$ 49,969$ 241,781$ (328,219)$
Total revenues 570,000$ 49,969$ 241,781$ (328,219)$
EXPENDITURES
Current:
Public Safety 554,000$ 1,765$ 319,355$ 234,645$
Total Expenditures 554,000$ 1,765$ 319,355$ 234,645$
OTHER FINANCING USES
Unallocated 16,000$ -$ -$ (16,000)$
Total other financing sources and uses 16,000$ -$ -$ (16,000)$
Net change in fund balances -$ (77,574)$
City of Milton
E-911 Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2010
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
SAFER Grant 85,934$ 26,146$ 26,146$ (59,788)$
Crabapple Festival Grant - - 1,016 1,016
Total revenues 85,934$ 26,146$ 27,161$ (58,773)$
EXPENDITURES
Current:
Public Safety 118,530$ -$ -$ 118,530$
Community Development 20,000 - - (20,000)
Total Expenditures 138,530$ -$ -$ 98,530$
Excess of revenues over expenditures (52,596) 26,146 27,161 79,757
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 52,596$ -$ -$ (52,596)$
Total other financing sources and uses 52,596$ -$ -$ (52,596)$
Net change in fund balances - 27,161
City of Milton
Operating Grant Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2010
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Taxes
Hotel/Motel Taxes 47,000$ 3,129$ 13,723$ (33,277)$
Total revenues 47,000$ 3,129$ 13,723$ (33,277)$
OTHER FINANCING SOURCES (USES)
Transfers out to General Fund (7,000)$ -$ -$ 7,000$
Transfers out to Special Events Fund (40,000) 3,129 (13,723) 26,277
Total other financing sources and uses (47,000)$ 3,129$ (13,723)$ 33,277$
Net change in fund balances - -
City of Milton
Hotel/Motel Tax Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2010
Final
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Charges for Service
Infrastructure Maintenance Fee 65,000$ 15,857$ 32,637$ (32,363)$
Landfill Host Fees 185,000 - - (185,000)
Tree Recompense 12,800 - - (12,800)
Interest Revenue 2,000 - - (2,000)
Sidewalk Replacement Account 70,558 - - (70,558)
Total revenues 335,358$ 15,857$ 32,637$ (302,721)$
EXPENDITURES
Capital Outlay
City Council 9,466$ -$ 22$ 9,444$
IT 35,000 31,325 31,325 3,675
Police 128,852 - 20,500 108,352
Fire 182,479 - - 182,479
Public Works 4,491,632 - 305,665 4,185,967
Parks & Recreation 1,198,514 - 12,300 1,186,214
Community Development 288,960 - 21,358 267,603
Total Capital Outlay 6,334,903$ 31,325$ 391,169$ 5,943,734$
Excess of revenues over expenditures (5,999,545) (15,468) (358,532) (6,246,455)
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 1,068,400$ -$ -$ (1,068,400)$
Lease Proceeds - - 20,500 20,500
Budgeted Fund Balance 4,931,145 - - (4,931,145)
Total other financing sources and uses 5,999,545 - 20,500 (5,979,045)
Net change in fund balances - (338,032)
City of Milton
Capital Project Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2010
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
Transportation Master Plan 348,048$ 38,026$ 206,843$ (141,205)$
GDOT HPP Funds - - - -
Bathroom Renovation - - - -
Interest Revenues - - - -
Contributions & Donations - - -
Total revenues 348,048$ 38,026$ 206,843$ (141,205)$
EXPENDITURES
Capital Outlay
Public Works 1,828,578$ -$ 58,913$ 1,769,665$
Total Capital Outlay 1,828,578$ -$ 58,913$ 1,769,665$
Excess of revenues over expenditures (1,480,530) 38,026 147,930 1,628,460
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 178,240$ -$ -$ (178,240)$
Budgeted Fund Balance 1,302,290 - - (1,302,290)$
Total other financing sources and uses 1,480,530$ -$ -$ (1,480,530)$
Net change in fund balances - 147,930
City of Milton
Capital Grant Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2010
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: John Umphlett
Date: Submitted on March 3, 2010 for the March 15, 2010 Regular Council Meeting
Agenda Item: Approval of a contract between the City of Milton and Advanced Processing and
Imaging
City Manager’s Office Recommendation
Approve a contract that will allow Advanced Processing and Imaging to implement the Optiview
Document Imaging system and to provide maintenance and support of the same for a one year
period.
Discussion
The Optiview Document Imaging system was implemented during the CH2M Hill contract for the
operation of various city services. It provides a more rapid search and retrieval as well as the
benefit of having city documents stored both in electronic and paper form which affords the city
redundancy in case of disaster. Approval will allow us to continue to scan and store documents
electronically.
Funding and Fiscal Impact
The cost for implementation and for yearly maintenance has been budgeted. Choosing a
different system to provide the same services would be cost prohibitive.
Concurrent Review
Chris Lagerbloom, City Manager
City of Milton
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is effective as of this 23 rd day of February, 2010, 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 Advanced
Processing & Imaging, Inc., ("Contractor"), collectively referred to as the "Parties."
WITNESSETH THAT.-
WHEREAS,
HAT:
WHEREAS, the City desires to retain Contractor to provide certain services generally
described as data transfer/conversion and yearly maintenance (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 Contractor has represented that it is qualified by training and experience
to perform the Work; and
WHEREAS, the Contractor 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.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
I. SCOPE OF SERVICES AND TERMINATION DATE
A. Project Descri tion
This Agreement is for data transfer/conversion services and yearly maintenance services
for the City.
B. The Work
The Work to be completed under this Agreement (the "Work") shall consist of the items
listed on Exhibit "A," attached hereto and incorporated herein by reference. Regarding Yearly
Maintenance, Contractor, at a minimum, shall provide the following: Contractor shall provide
unlimited City personnel web training. Contractor shall hold, at least quarterly, online training
classes, and the City shall have unlimited registrations to these events. The City can use this to
onboard users to the system or provide refresher courses to them at no cost. Contractor shall also
provide access to phone support from Contractor's project managers, including but not limited to
/hINC-,
assistance
to new vel
Contractor
be part of
improveme
the system
bug fixes.
C.
The
unless termil
renew for ai
each then-ct
Agreement 4
end of each
shall remain
users, new integrations, or expansion to other City departments. Upgrades
included and the City will never have to buy new versions of software.
duct the professional services to upgrade City's servers at no cost. City shall
ar's customer advisory group where the City can provide suggestions for
Contractor products, thus allowing the City to be included in the design of
-rve the City better. These add-ons are in addition to Contractor's standard
this Agreement shall be from January 1, 2010 until December 31, 2010,
lier as provided for herein, provided that this Agreement shall automatically
consecutive one ( 1) year terms on January 1 following the expiration of
m absent termination as provided for herein, and further provided that this
rinate absolutely and without further obligation on the part of the City at the
year. Title to any supplies, materials, equipment, or other personal property
antractor until fully paid for by the City.
II. WOIIANGES
A.
this Agreerr
incorporates
orders shall
completion
changed wi
determined
terms and th
~ity reserves the right to order changes in the Work to be performed under
rltering, adding to, or deducting from the Work. All such changes shall be
:ten change orders executed by the Contractor and the City. Such change
the changes ordered and any necessary adjustment of compensation and
the Parties cannot reach an agreement on the terms for performing the
kin a reasonable time to avoid delay or other unfavorable impacts as
ity in its sole discretion, the City shall have the right to determine reasonable
lector shall proceed with the changed work.
B. work added to the scope of this Agreement by a change order shall be
executed un the applicable conditions of this Agreement. No claim for additional
compensatio tension of time shall be recognized, unless contained in a written change
order duly e on behalf of the City and the Contractor.
C.ity Manager has authority to execute without further action of the City of
Milton May ouncil, any number of change orders so long as their total effect does not
materially al erns of this Agreement or materially increase the total amount to be paid
under this A t, as set forth in Section III(B) below. Any such change orders materially
altering the f this Agreement or increasing the total amount to be paid under this
Agreement i of $25,000 must be approved by resolution of the City of Milton Mayor and
Council.
HL CGTION AND METHOD OF PAYMENT
A. iietor shall be paid fees for services as provided for in Exhibit "A." Total
compensatio onversion of applications shall not exceed $15,000.00. Total yearly
maintenance 2010 shall not exceed $12,100.00. City agrees to pay the Contractor for
2
City approved services performed and costs incurred by Contractor upon certification by the City
that the services were actually performed and costs actually incurred in accordance with the
Agreement. Compensation for services performers and reimbursement for costs incurred shall be
paid to the Contractor 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 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 handled through change orders as described in
Section II above. The City shall pay the Contractor within thirty (30) days after approval of the
invoice by City staff. No payments will be made for unauthorized work. Invoices should be
submitted monthly to City of Milton, 13004 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.
B. 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 CONTRACTOR
A. 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, skill and judgment to provide the
services in pursuit of the timely and competent completion of the Work undertaken by
Contractor under this Agreement.
B. Budsetary 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.
C. 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 designs, plans, and specifications by the City ids
14
3
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, pians, or specifications 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.
D. 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.
E. Contractor's Representative
Ronna Laforet shall be authorized to act on Contractor's behalf with respect to the Work
as Contractor's designated representative.
F. Assi nment of A reement
The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate
or subcontract any duties of this Agreement, without the prior express written consent of the
City. As to any approved subcontractors, the Contractor shall be solely responsible for
reimbursing them and the City shall have no obligation to them.
G. 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 officials, employees and agents from and against
any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including
but not limited to, attorney's fees, which may be the result of willful, negligent or tortious
conduct arising out of the Work, performance of contracted services, or operations by the
Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or
subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless
of whether or not the offending act is caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or otherwise reduce any other right or
obligation of indemnity which would otherwise exist as to any party or person described in this
provision. In any and all claims against the City or any of its agents or employees, by any
employee of the Contractor, any 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.
H. 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.
I. 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
therefrom.
(b) Comprehensive Automobile Liability (owned, non -owned, hired) of
$1,000,000 combined single limit per occurrence for bodily and personal
injury, sickness, disease or death, injury to or destruction of property,
including loss of use resulting therefrom. _ 4
(c) Workers' Compensation limits as required by the State of Georgia and
employers Liability limits of $1,000,000 per accident.
(d) Professional Liability of $1,000,000 limit for claims arising out of
professional services caused by the Contractor's errors, omissions, or
negligent acts.
(3) Deductibles and Self -Insured Retentions:
Any deductibles or self-insured retentions must be declared to and approved by
the City.
(4) Other Insurance Provisions:
The policy is to contain, or be endorsed to contain, the following provisions:
(a) General Liability and Automobile Liability_ Coverage,
(i) The City, its officials, employees, agents and volunteers are to be
covered as insured as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and
completed operations of the Contractor; premises owned, leased, or
used by the Contractor, automobiles owned, leased, hired, or
borrowed by the Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the City, its
officials, employees, agents or volunteers.
(il) 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.
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(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.
(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
7
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.
J. 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. Alt
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. I�Z_
0
K. 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 Ethics Ordinance.
L. 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, Contractors, 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.
M. Licenses Certifications and Permits
The Contractor covenants and declares that it has obtained all diplomas, certificates,
licenses, permits or the like required of the Contractor by any and all national, state, regional,
City, local boards, agencies, commissions, committees or other regulatory bodies in order to
perform the services contracted for under this Agreement. All work performed by Contractor
under this Agreement shall be in accordance with applicable legal requirements and shall meet
the standard of quality ordinarily expected of competent professionals.
N. Subcontractors
Contractor shall not subcontract with any third party for the performance of any portion
of the Work without the prior written consent of the City. Contractor shall be solely responsible
for any such subcontractors in terms of performance and compensation
U. Authorijy 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.
P. 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
9
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.
Q. 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 Work.
V. COVENANTS OF THE CITY
A. Right of Entry
The City shall provide for right of entry for Contractor and all necessary equipment to the
applicable City facilities, in order for Contractor to complete the Work.
B. City's Representative
John Umphlett shall be authorized to act on the City's behalf with respect to the Work as
the City's designated representative
VL TERMINATION
A. Either party may terminate this Agreement for convenience by providing written
notice thereof at least ninety (90) calendar days in advance of the termination date.
B. Upon termination, City shall provide for payment to the Contractor for services
rendered and expenses incurred prior to the termination date.
C. Upon termination, the Contractor shall: (1) promptly discontinue all services
affected, unless the notice directs otherwise; and (2) promptly deliver to the City all vehicles,
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.
D. 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.
VII. NO PERSONAL LIABILITY
No member, official or employee of the City shall be personally liable to the Contractor
or any successor in interest in the event of any default or breach by the City or for any amount
which may become due to the Contractor or successor or on any obligation under the terms of
this Agreement. Likewise, Contractor's performance of services under this Agreement shall not
subject Contractor's individual employees, officers or directors to any personal liability. The
10
Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or
asserted only against Contractor or the City, respectively, and not against any employee, officer,
director, or elected or appointed official.
VIIL 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 captions or head notes 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. NOTICES
A. Communications Relating to Daily Activities
All communications relating to the day-to-day activities of the Work shall be exchanged
between John Umphlett for the City and Donna Laforet for the Contractor.
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
furnished to the other Parties by written notice in accordance herewith;
II
NOTICE TO THE CITY shall be sent to:
Budget and Procurement Coordinator
City of Milton
13000 Deerfield Parkway, Suite 1078
Milton, Georgia 30004
NOTICE TO THE CONTRACTOR shall be sent to:
1350 East Newport Center Drive
Suite 200
Deerfield Beach, Florida 33442
XIII. 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.
XIV. 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.
XV. FORCE MAdEURE
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: (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 Contractor; (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.
12
IN WITNESS WHEREOF the City and the Contractor have executed this Agreement
effective as of the date the City Manager executes this Agreement on behalf of the City.
SIGNED, SEALED, AND RF
in the pre of:
LIU
Wit ess i -
[NOTARY SEAL]
MyN jMWnW=&g 9RmA
�,,. ,•,� Carol Ann Downs
a#DD 43934-.
,,,..,..� Expires: I)FC. 08, 2012
ffivHusn aKU a uMcso2rdn4ac0 W.
SIGNED, SEALED, AND DELIVERED
in the presence of:
Witness
Notary Public
[NOTARY SEAL]
My Commission Expires:
ADVANCED PROCESSING & IMAGING,
INC..
Mel Rothber hief Exec tive Officer
[AFFIX CORPORATE SEAL]
CITY OF MILTON
By:
Its:
13
[CITY SEAL]
ADVANCED
daHms
PROCESSING &
IMAGING, INC.
OptiView Document & Enterprise Content Management System
Professional Services Quote
December 29, 2009
City of Milton, GA
OptiView Migration from CH2MHi11 Servers to Milton Servers
OptiView ECM
The City of Milton is no longer utilizing the services of CH2MHill so all API Applications need to be
moved off the CH2MHill servers onto the City of Milton Servers.
Conversion costs includes:
• Database Migration from CH2MHill Servers to Milton Servers
■ Changes to Optiview server and Text -Search Processor
• Changing SQL server Pointers for new IP Scheme
■ Rernapping of Image Repository
• Changing of IP addresses for all stored images
• Changing of IP and Port connections
• Verification that all OptiView Applications work appropriately
• Pull Configuration and System Test
Cost Includes:
$15,000,00
■ All Professional Services Time
■ Transfer of 1 OptiView Enterprise Server license
• Transfer of 3 Full Concurrent Client Licenses
• Transfer of 5 View Concurrent Client Licenses
• Transfer of File Upload Applications
• Transfer of 1 Text Search Processor
• Transfer of Form Processors
All above licenses are licensed to the City of Milton and are not transferable.
Yearly Maintenance Fees = 20% of total software — Due Yearly 1/1/2010
$12,100.00
TotalAmount Due
$27,100.00
Notes: Expiration: 30 days
Currency: USD
Professional Services does not include expenses for travel or per them
Prepared for: John Umphlett — City of Milton, GA
All above licenses are licensed to the City of Milton and are not transferable.
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: John Umphlett
Date: Submitted on March 3, 2010 for the March 15, 2010 Regular Council Meeting
Agenda Item: Approval of a contract between the City of Milton and AT&T
City Manager’s Office Recommendation
Approve a contract that will allow AT&T to provide internet access circuits.
Discussion
After terminating the relationship with CH2M Hill, our standing with AT&T has changed. This
contract will allow the city to take advantage of this change by being offered reduced pricing on
existing and future services provided by AT&T. Specifically, this contract would provide the
Police Department mobile units access to a newly created network containing their Records
Management System and also an upgrade to the internet access at City Hall.
Funding and Fiscal Impact
The cost for both circuits has been budgeted.
Concurrent Review
Chris Lagerbloom, City Manager
msa_ua_ver_i.pdf MSA UA VER I 07/14/2008
AT&T and Customer Confidential Information
Page 1 of 4
eCRM ID ______________
AT&T MA Reference No.
AGREEMENT
Customer AT&T
City of Milton, GA
13000 Deerfield Pkwy
Milton, GA
30004
USA
AT&T Corp.
Customer Contact (for notices) AT&T Contact (for notices)
Name: John Umphlett
Title:
13000 Deerfield Pkwy
Milton , GA
30004
United States
Telephone: 6782422500
Fax:
Email: john.umphlett@cityofmiltonga.us
575 MOROSGO DR NE
ATLANTA, GA
30324
With a copy to:
AT&T Corp.
One AT&T Way
Bedminster, NJ 07921-0752
ATTN: Master Agreement Support Team
Email: mast@att.com
Customer (by its authorized representative) AT&T (by its authorized representative)
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
This Agreement between the customer named above (“Customer”)
and AT&T Corp. (“AT&T”), is effective when signed by both
parties , and continues as long as Services are provided under this
Agreement.
The terms and conditions of the services and equipment that AT&T
provides to Customer under this Agreement (“Services”) are found
in this document and the following additional documents : (i)Tariffs,
Guidebooks and Service Guides found at att.com/service
publications ; (ii) Pricing Schedules or other attachments now or
later attached to this Agreement; (iii) the Acceptable Use Policy
(“AUP”) found at att.com/aup. AT&T may revise Tariffs,
Guidebooks, Service Guides , or the AUP (collectively “Service
Publications”) at any time, and may direct Customer to websites
other than listed above. The order of priority of the documents that
form this Agreement is : Pricing Schedules; this Agreement; the
AUP; and Tariffs, Guidebooks and Service Guides; provided that,
Tariffs will be first in priority in any jurisdiction where existing law or
regulatio n does not permit contract terms to take precedence over
inconsistent tariff terms.
An AT&T Affiliate or Customer Affiliate may sign a Pricing
Schedule referencing this Agreement in its own name and such
Affiliate contract will be a separate but associated contract
incorporating the terms of this Agreement. Customer and AT&T
will have their respective Affiliates comply with this Agreement. An
“Affiliate” of a party is an entity that controls, is controlled by , or is
under common control with such party.
Services : AT&T will either provide or arrange to have its Affiliate
provide Services to Customer under this Agreement, subject to
availability and operational limitations of systems, facilities and
equipment. Where required, an AT&T Affiliat e authorized by
the appropriate regulatory authority will be the service provider.
Customer may not resell the Services to third parties (excluding
Customer’s Affiliates) without AT&T’s written consent.
Customer will cause Users (anyone who uses or accesses any
Service provided to Customer) to comply with this Agreement,
and Customer is responsible for their use of any Services ,
unless expressly provided to the contrary in a Service
Publication . If a Service is provided over or accesses the
Internet, Customer, its Affiliates , and Users will comply with the
AUP.
Customer will in a timely manner allow AT&T to access, or at
Customer’s expense obtain timely access for AT&T to, property
(other than public property) and equipment reasonably required
to provide the Services. Access includes information and the
right to construct, install, repair, maintain, replace and remove
access lines and network facilities, and use ancillary equipment
space within the building, necessary for Customer’s connection
to AT&T’s network. Customer will furnish any conduit, holes,
wireways, wiring, plans, equipment, space, power/utilities, and
other items required to perform installation of the Services, and
obtain any necessary licenses, permits and consents (including
easements and rights -of -way).
Customer will ensure that the location at which AT&T installs ,
maintains or provides Services is a suitable and safe working
msa_ua_ver_i.pdf MSA UA VER I 07/14/2008
AT&T and Customer Confidential Information
Page 2 of 4
eCRM ID ______________
environment, free of any substance or material that poses an
unreasonable risk to health, safety , or property or whose use,
transport, storage, handling, disposal, or release is regulated by
any law related to pollution, protection of air, water, or soil, or
health and safety. If AT&T encounters any such hazardous
materials at a Customer location, AT&T may terminate the affected
Service, or suspend performance until Customer removes the
hazardous materials.
AT&T Equipment : Services may include use of certain equipment
owned by AT&T that is located at the address in a Pricing
Schedule (“AT&T Equipment”), but title to the AT&T Equipment will
remain with AT&T. Customer must provide electric power for the
AT&T Equipment and keep the AT&T Equipment physically secure
and free from liens and encumbrances. Customer will bear the risk
of loss or damage (other than ordinary wear and tear) to AT&T
Equipment.
Prices , Pricing Schedule Term, and Taxes : Unless a Pricing
Schedule states otherwise, the prices listed in a Pricing Schedule
are stabilized until the end of the Pricing Schedule Term. No
promotion, credit or waiver set forth in a Service Publication will
apply unless the Pricing Schedule states otherwise. At the end of
a Pricing Schedule Term, Customer will have the option to either:
(a) cease using the Service (which will require Customer to take all
steps required by AT&T to terminate the Service); or (b) continue
using the Service under a month-to-month service arrangement.
Unless a Pricing Schedule states otherwise, during any month-to-
month service arrangement, the pric es, terms and conditions in
effect on the last day of the Pricing Schedule Term will continue
until changed by AT&T on 30 days’ prior notice to Customer.
Prices in the Pricing Schedules are exclusive of, and Customer will
pay, all current or future taxes, regulatory surcharges, recovery
fees, shipping charges, and other similar charges specified or
allowed by any governmental entity relating to the sale, use or
provision of the Services .
Billing, Payments, Deposits and MARC: Payment is due 30 days
after the invoice date (unless another date is specified in an
applicable Tariff or Guidebook) and must refer to the invoice
number. Restrictive endorsements or other statements on checks
are void. If Customer does not dispute a charge in writing within 6
months after the invoice date, Customer waives the right to dispute
the charge (except to the extent applicable law or regulation
requires otherwise). AT&T may charge a late fee for overdue
payments : (i) for Services contained in a Tariff or Guidebook, at
the rate specified therein; or (ii) for all other Services, at the lower
of 1.5% per month (18% per annum) or the maximum rate allowed
by law ; plus (iii) all costs (including attorney fees) of collecting
delinquent or dishonored payments. AT&T may require Customer
to establish a deposit as a condition of providing Services .
Customer authorizes AT&T to investigate Customer’s credit and
share information about Customer with credit reporting agencies .
If the Pricing Schedule includes a MARC, and Customer’s annual
MARC-Eligible charges (after deducting discounts and credits
(other than outage or SLA credits ) are less than the MARC in any
period, Customer will be billed for the shortfall, and payment will be
due 30 days after the invoice date.
Termination and Suspension : Either party may terminate this
Agreement immediately upon notice if the other party becomes
insolvent, ceases operations, is the subject of a bankruptcy
petition, or makes an assignment for the benefit of its creditors.
AT&T may terminate or suspend a Service, and if the activity
implicates the entire Agreement, terminate the entire Agreement,
immediately upon notice if Customer: (i) commits a fraud upon
AT&T; (ii) utilizes the Service to commit a fraud upon another
party; (iii) unlawfully uses the Service; (iv) abuses or misuses
AT&T’s network or Service; or (v) interferes with another
customer’s use of AT&T’s network or services. Customer may
terminate an affected Service for material breach by AT&T, and
AT&T may terminate or suspend (and later terminate) an affected
Service for material breach by Customer, if such breach is not
cured within 30 days of notice. If Customer fails to rectify a
violation of the AUP within 5 days after receiving notice from
AT&T, then AT&T may suspend or termin ate the affected
Service. AT&T has the right, however, to suspend or terminate
the applicable portion of the Service immediately when: (i)
AT&T’s suspension or termination is in response to multiple or
repeated AUP violations or complaints; (ii) AT&T is acting in
response to a court order or governmental notice that certain
conduct must be stopped; or (iii) AT&T reasonably determines:
(a) that it may be exposed to sanctions, liability, prosecution, or
other adverse consequences under applicable law if AT&T
were to allow the violation to continue; (b) that such violation
may cause harm to or interfere with the integrity or normal
operations or security of AT&T’s network or networks with
which AT&T is interconnected or interfere with another
customer’s use of AT&T Services or the Internet; or (c) that
such violation otherwise presents imminent risk of harm to
AT&T or AT&T’s customers or their respective employees.
Notwithstanding that a Pricing Schedule may commit AT&T to
provide a Service to Customer for a Pricing Schedule Term,
and unless applicable local law or regulation mandates
otherwise, AT&T may discontinue providing a Service upon 12
months ’ notice, or a Service Component upon 120 days’ notice,
but only where AT&T generally withdraws the Service or
Service Component for similarly –situated customers.
If Customer terminates a Service prior to the date Customer‘s
obligation to pay for Services begins , Customer will reimburse
AT&T for time and materials, including any third party charges,
incurred prior to the effective date of termination. Thereafter, if
Customer terminates a Service for Customer’s convenience, or
AT&T terminates a Service for any of the reasons specified in
the first paragraph of this Section, Customer must pay all
applicable termination charges: (i) if termination occurs before
the end of the Minimum Payment Period (the minimum period
specified in Pricing Schedules for which Customer is required
to pay recurring charges for the Service), Customer must pay
50% (unless a different percentage is specified in the Pricing
Schedule) of the monthly recurring charges for the terminated
Service multiplied by the months remaining in the Minimum
Payment Period, plus any waived or unpaid non-recurring
charges identified in the Pricing Schedule (including, but not
limited to, any charges related to a failure to satisfy a Minimum
Retention Period), plus any third-party charges incurred by
AT&T due to the termination, all of which will be, if applicable,
applied to Customer’s MA RC-Eligible Charges; and (ii) if
Customer ter minates a Pricing Schedule that has a MARC,
Customer must pay an amount equal to 50% of the unsatisfied
MARC for the balance of the Pricing Schedule Term, after
applying amounts received pursuant to (i). The termination
charge set forth in (i) above will not apply if a terminated
Service is replaced with an upgraded Service at the same
location, but only if (a) the Minimum Payment Period and
associated charge for the replacement Service are equal to or
greater than the Minimum Payment Period and associated
charge for the terminated Service, and (b) the upgrade is not
restricted in the Service Publication. In addition, Customer may
terminate a Service without incurring termination charges if (a)
AT&T revises a Service Publication and the revision has a
materially adverse impact upon Customer; (b) Customer gives
30 days’ notice of termination to AT&T within 90 days of the
date of the revision; and (c) AT&T does not remedy the
materially adverse impact prior to the effective date of
termination. “Materially adverse impacts” do not include
changes to non-stabilized rates, changes required by
governmental authority, or changes in additional charges such
as surcharges or taxes.
msa_ua_ver_i.pdf MSA UA VER I 07/14/2008
AT&T and Customer Confidential Information
Page 3 of 4
eCRM ID ______________
Disclaimer of Warranties and Liability : AT&T MAKES NO
EXPRESS OR IMPLIED WARRANTY AND DISCLAIMS ANY
WARRANTIES OF MERCHANTABILITY , FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR
THOSE ARISING FROM USAGE OF TRADE OR COURSE OF
DEALING. FURTHER, AT&T MAKES NO WARRANTY THAT
TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE
ROUTED OR COMPLETED WITHOUT ERROR OR
INTERRUPTION (INCL UDING 911 CALLS), OR WARRANTY
REGARDING NETWORK SECURITY, THE ENCRYPTION
EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA
THAT IS SENT, BA CKED UP, STORED OR LOAD BALANCED,
THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE
LOSS OR ALTERATION OF OR IMPROPER ACCESS TO
CUSTOMER’S DATA , OR THAT SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE. AT&T WILL NOT BE
LIABLE FOR ANY DAMAGES RELATING TO:
INTEROPERABILITY, ACCESS TO OR INTERCONNECTION OF
THE SERVICES WITH APPLICATIONS, EQUIPMENT,
SERVICES, CONTENT OR NETWORKS PROVIDED BY
CUSTOMER OR OTHERS ; SERVICE DEFECTS, SERVICE
LEVELS, DELAYS OR INTERRUPTIONS (EXCEPT FOR
LIABILITY FOR SUCH EXPLICITLY SET FORTH HEREIN); ANY
INTERRUPTION OR ERROR IN ROUTING OR COMPLETING
CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS);
LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED
ACCESS TO OR THEFT, ALTERATION, LOSS, OR
DESTRUCTION OF CUSTOMER’S OR OTHERS ’
APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMS.
Limitation of Liability : AT&T’S ENTIRE LIABILITY, AND
CUSTOMER’S EXCLUSIVE REMEDY, FOR DAMAGES ARISING
OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS,
ERRORS OR DEFECTS IN THE SERVICES, AND NOT CAUSED
BY CUSTOMER’S NEGLIGENCE, SHALL IN NO EVENT
EXCEED THE APPLICABLE CREDITS SPECIFIED IN THE
SERVICE PUBLICATION, OR IF NO CREDITS ARE SPECIFIED,
AN AMOUNT EQUIVALENT TO THE PROPORTIONATE
CHARGE TO CUSTOMER FOR THE PERIOD OF SERVICE
DURING WHICH SUCH MISTAKE, OMISSION, INTERRUPTION,
DELAY, ERROR OR DEFECT IN THE SERVICES OCCURS AND
CONTINUES. IN NO EVENT SHALL ANY OTHER LIABILITY
ATTACH TO AT&T. THIS LIMITATION WILL NOT APPLY TO: (I)
BODILY INJURY, DEATH, OR DAMAGE TO REAL OR
TANGIBLE PROPERTY DIRECTLY CAUSED BY AT&T’S
NEGLIGENCE; OR (II) SETTLEMENT, DEFENSE OR PAYMENT
OBLIGATIONS UNDER THE “THIRD PARTY CLAIMS”
PARAGRAPH.
NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY
UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL
DAMAGES.
These disclaimers and limitations of liability will apply regardless of
the form of action, whether in contract, tort, strict liability or
otherwise and whether damages were foreseeable. These
disclaimers and limitations of liability will survive failure of any
exclusive remedies provided in this Agreement.
Third Party Claims : AT&T agrees at its expense to defend or settle
any claim against Customer, its Affiliates, and its and their
employees and directors, and to pay all compensatory damages
finally awarded against such parties where the claim alleges that a
Service infringes any patent, trademark, copyright, or trade secret,
except where the claim arises out of : (i) Customer’s or a User’s
content; (ii) modifications to the Service by Customer or third
parties, or combinations of the Service with any services or
products not provided by AT&T; (iii) AT&T’s adherence to
Customer’s written requirements; or (iv ) use of the Service in
violation of this Agreement. AT&T may at its option either procure
the right for Customer to continue using, or may replace or modify,
the alleged infringing Service so that the Service becomes non-
infringing, or failing that to terminate the Service without further
liability to Customer.
Customer agrees at its expense to defend or settle any claim
against AT&T, its Affiliates, and its and their employees,
directors, subcontractors, and suppliers, and to pay all
compensatory damages finally awarded against such parties
where: (i) the claim alleges that a Service infringes any patent,
trademark, copyright or trade secret, and falls within the
exceptions under (i)–(iv) above; or (ii) the claim alleges a
breach by Customer, its Affiliates, or Users of a software
license agreement governing software provided with the
Services.
Import/Export Control: Customer, not AT&T, is responsible for
complying with import and export control laws, conventions and
regulations for all equipment, software, or technical information
Customer moves or transmits between countries using the
Services.
ARBITRATION: ALL CLAIMS OR DISPUTES ARISING FROM
THIS AGREEMENT SHALL BE SETTLED BY BINDING
ARBITRATION ADMINISTERED BY THE AMERICAN
ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL
ARBITRATION RULES (SUBJECT TO THE REQUIREMENTS
OF THE FEDERAL ARBITRATION ACT) AND ANY
JUDGMENT ON ANY AWARD RENDERED MAY BE
ENTERED AND ENFORCED IN ANY COURT HAVING
JURISDICTION. THE PARTIES WAIVE ANY RIGHT TO
TRIAL BY JURY OR TO PARTICIPATE IN OR INITIATE
CLASS ACTIONS; IF THE PARTIES CANNOT WAIVE THESE
RIGHTS, THIS ENTIRE SECTION IS NULL AND VOID.
General Provisions : This Agreement and any pricing or other
proposals are confidential to Customer and AT&T. Neither
party may publicly disclose any confidential information without
the prior written consent of the other, unless authorized by
applicable law, regulation or court order. Until directed
otherwise by Customer in writing, if AT&T designates a
dedicated account representative as Customer’s primary
contact with AT&T, Customer authorizes that representative to
discuss and disclose Customer’s customer proprietary network
information to any employee or agent of Customer without a
need for further authentication or authorization. This Agreement
may not be assigned by either party without the prior written
consent of the other party , which consent will not be
unreasonably withheld or delayed. AT&T may : (i) assign in
whole or relevant part its rights and obligations under this
Agreement to an Affiliate, or (ii) subcontract work to be
performed under this Agreement, but AT&T will in each such
case remain financially responsible for the performance of such
obligations . Any claim or dispute arising out of this Agreement
must be filed within two years after the cause of action arises.
This Agreement does not provide any third party (including
Users) any remedy, claim, liability, cause of action or other right
or privilege. Regulated Services w ill be governed by the law
and regulations applied by the regulatory commission having
jurisdiction over the Services. Otherwise, this Agreement will be
governed by the law and regulations of the State set forth
above for Customer’s address, without regard to its conflict of
law principles. This Agreement is limited to Services to be
provided in the United States. The United Nations Convention
on Contracts for International Sale of Goods will not apply.
Except for payment of amounts due, neither party will be liable
for any delay, failure in performance, loss or damage due to
causes beyond such party’s reasonable control. Any notice
required or permitted under this Agreement must be in writing
and addressed to the parties at the address set forth above.
This Agreement constitutes the entire agreement between the
parties concerning the Services provided under this Agreement
msa_ua_ver_i.pdf MSA UA VER I 07/14/2008
AT&T and Customer Confidential Information
Page 4 of 4
eCRM ID ______________
and supersedes all other written or oral agreements . This
Agreement will not be modified or supplemented by any written or
oral statements, proposals, service descriptions , or purchase order
forms.
AT&T MA Reference No. ______________
CSM100121095451
AT&T and Customer Confidential Information
Page 1 of 15
eCRM ID ps_mis_all_with_security_svcs_20060528_gcsm.rtf
EaMIS In-Region (2 - 200 v.0 5/14/09
AT&T Managed Internet Service
Pricing Schedule
Customer AT&T AT&T Sales Contact
Primary Contact
City of Milton, GA
13000 Deerfield Pkwy
Milton, GA
30004
USA
AT&T Corp.
BRANDON S PILIERO
575 MOROSGO DR NE
ATLANTA, GA
30324
Telephone: 4044954235
Fax: 8667466238
Email: bp4252@asemail.att.com
Branch Manager: Rick Satterfield
Sales Strata: ABS Sales
Sales Region: Southeastern
Customer Contact (for notices) AT&T Contact (for notices)
AT&T Solution Provider or
Representative Information
(if applicable)
Name: John Umphlett
Title:
13000 Deerfield Pkwy
Milton , GA
30004
United States
Telephone: 6782422500
Fax:
Email: john.umphlett@cityofmiltonga.us
Customer Account Number or Master
Account Number:
575 MOROSGO DR NE
ATLANTA, GA
30324
With a copy to:
AT&T Corp.
One AT&T Way
Bedminster, NJ 07921-0752
ATTN: Master Agreement Support
Team
Email: mast@att.com
Name:
Company Name:
Telephone:
Fax:
Email:
Ag ent Code:
This Pricing Schedule is part of the Agreement between AT&T and Customer referenced above.
Customer
(by its authorized representative)
AT&T
(by its authorized representative)
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
This Pricing Schedule and any promotional discounts listed herein shall apply to the Service ordered at only one (i.e., the initial)
Customer Site, and only for those Service speeds eligible for such promotional discounts, and shall not apply to
subsequent orders for additional Services. In the event Customer wishes to order additional Services to Site(s) other than the initial Site
Customer will be required to execute a new AT&T Managed Internet Service Pricing Schedule for any additional Sites.
AT&T Managed Internet Service – Pricing Schedule
AT&T MA Reference No. ______________
CSM100121095451
AT&T and Customer Confidential Information
Page 2 of 15
eCRM ID ps_mis_all_with_security_svcs_20060528_gcsm.rtf
EaMIS In-Region (2 - 200 v.0 5/14/09
1. SERVICES
• AT&T Managed Internet Service
• AT&T Private Network Transport (PNT) Service is an option
of MIS and can be ordered as an MPLS PNT feature under
Section I, Tables 28 and 29.
• AT&T’s Acceptable Use Policy is located at
http://www.att.com/aup or such other AT&T-designated
location .
2. PRICING SCHEDULE TERM AND EFFECTIVE DATES
Pricing Schedule
Term
Term Start Date
36 Months Effective Date of this Pricing
Schedule
Effective Date of
Rates and Discounts
Effective Date of this Pricing
Schedule
3. MINIMUM PAYMENT PERIOD
Portion of Monthly
Service Fees
Applicable to
Minimum Payment
Period
Service
Components
Minimum
Payment Period
50% All Service
Components
Until end of
Pricing Schedule
Term, but not
less than 12
months per
component
AT&T Managed Internet Service – Pricing Schedule
AT&T MA Reference No. ______________
CSM100121095451
AT&T and Customer Confidential Information
Page 3 of 15
eCRM ID ps_mis_all_with_security_svcs_20060528_gcsm.rtf
EaMIS In-Region (2 - 200 v.0 5/14/09
4. RATES (US Mainland, HI and Alaska† only)
† Service in Alaska requires a separate AT&T Addendum for
Service in Alaska. The rates stated in this Pricing Schedule apply
to Service locations and/or Service Components in Alaska only
in the event that a Service Component and/or Service location is
not listed in the Addendum for Service in Alaska. In the event of
the conflict between this Pricing Schedule and the Addendum for
Service in Alaska, the Addendum for Service in Alaska controls.
NOTE 1: MIS w/ Managed Router Option 2 available only as
described in the Service Guide.
NOTE 2: If Customer orders the MPLS PNT feature under
Section I, Tables 28 and 29 as part of the MIS service, Customer
will be billed for PNT transport and uplifts and all applicable
taxes will be stated on the Customer’s invoice.
NOTE 3: The charges for the Class of Service (CoS) feature set
forth in Section I, Table 23 through 25 are waived for Sites at
which Customer also maintains AT&T Business Voice over IP
(VoIP) Service.
(*) = not available with MPLS PNT
ICB = available only on an Individual Case Basis.
N/A = Not Available
Section I: AT&T Managed Internet Service
Access Bandwidth
Table 1: Tiered T-1, NxT-1, E-1 And Frame - Flat Rate Billing Option
Access
Method
Speed MIS
Monthly
Service
Fee List
Price
MIS w/
Manage
d Router
Monthly
Service
Fee
List
Price
MIS w/
Managed
Router
Option 2
Monthly
Service
Fee
List Price
Discount
N/A 56/64
Kbps
$190 $260 N/A N/A
T-1 128
Kbps
$225 $295 $285 N/A
T-1 256
Kbps
$280 $350 $340 N/A
T-1 384
Kbps
$335 $405 $395 N/A
T-1 512
Kbps
$390 $460 $450 N/A
T-1 768
Kbps
$410 $480 $470 N/A
T-1 –
Frame*
1024
Kbps
$425 $495 $485 N/A
T-1 T-1 $470 $540 $530 40.0 %
E-1* E-1 $470 $540 N/A N/A
2xT-1 3
Mbps
$850 $1,145 N/A N/A
3xT-1 4.5
Mbps
$1,100 $1,395 N/A N/A
4xT-1 6
Mbps
$1,250 $1,545 N/A N/A
5xT-1 7.5
Mbps
$1,480 $2,360 N/A N/A
6xT-1 9
Mbps
$1,715 $2,595 N/A N/A
7xT-1 10.5
Mbps
$1,915 $2,795 N/A N/A
8xT-1 12
Mbps
$2,190 $3,070 N/A N/A
v.2.3.06
AT&T Managed Internet Service – Pricing Schedule
AT&T MA Reference No. ______________
CSM100121095451
AT&T and Customer Confidential Information
Page 4 of 15
eCRM ID ps_mis_all_with_security_svcs_20060528_gcsm.rtf
EaMIS In-Region (2 - 200 v.0 5/14/09
Table 2: Burstable T-1
Discount: : N/A
Sustained
Usage
Undiscounted
MIS Monthly
Service Fee
Undiscounted
MIS w/Managed
Router Monthly
Service Fee
Undiscounted
MIS w/Managed
Router Option 2
Monthly Service
Fee
up to 128 Kbps $270 $340 $330
128.01 - 256
Kbps
$340 $410 $400
256.01 - 384
Kbps
$405 $475 $465
384.01 - 512
Kbps
$470 $540 $530
512.01 Kbps -
1.544 Mbps
$565 $635 $625
v.2.3.06
Table 3: DNS Services
Option Monthly Service Fee
Additional Primary DNS (available in
increments of up to 15 zones with a
maximum of 150 Kilobytes of zone file data)
$100 per DNS increment
Additional Secondary DNS (available in
increments of up to 15 zones with a
maximum of 150 Kilobytes of zone file data)
$100 per DNS increment
v.07.01.04
Table 4: ATM And Tiered T-3
Discount: N/A
Access
Method
Speed MIS Monthly
Service Fee
List Price
MIS
w/Managed
Router
Monthly
Service Fee
List Price
MIS w/Managed
Router Option
2 Monthly
Service Fee
List Price
ATM* 2 Mbps $590 $885 $840
ATM* 3 Mbps $850 $1,145 $1,100
ATM* 4 Mbps $1,075 $1,370 $1,325
ATM* 5 Mbps $1,125 $1,420 $1,375
ATM* 6 Mbps $1,250 $1,545 $1,500
ATM* 7 Mbps $1,415 $2,295 $2,000
ATM* 8 Mbps $1,565 $2,445 $2,150
ATM* 9 Mbps $1,715 $2,595 $2,300
ATM*/T-3 10 Mbps $1,840 $2,720 $2,425
ATM*/T-3 15 Mbps $2,465 $3,345 $3,050
ATM*/T-3 20 Mbps $3,090 $3,970 $3,675
ATM*/T-3 25 Mbps $3,725 $4,605 $4,310
ATM*/T-3 30 Mbps $4,350 $5,230 $4,935
ATM*/T-3 35 Mbps $4,990 $5,870 $5,575
ATM*/T-3 40 Mbps $5,615 $6,495 $6,200
T-3 45 Mbps $6,250 $7,130 $6,835
v.2.3.06
Table 5: Burstable T-3
Discount: N/A
Sustained Usage Undiscounted
MIS Monthly
Service Fee
Undiscounted
MIS w/Managed
Router Monthly
Service Fee
Undiscounted
MIS w/Managed
Router Option 2
Monthly Service
Fee
up to 6.0 Mbps $1,515 $1,810 $1,765
6.01 - 7.5 Mbps $1,790 $2,670 $2,375
7.51 - 9.0 Mbps $2,065 $2,945 $2,650
9.01 - 10.5 Mbps $2,290 $3,170 $2,875
10.51 - 12.0 Mbps $2,515 $3,395 $3,100
12.01 - 13.5 Mbps $2,740 $3,620 $3,325
13.51 - 15.0 Mbps $2,965 $3,845 $3,550
15.01 - 16.5 Mbps $3,150 $4,030 $3,735
16.51 - 18.0 Mbps $3,340 $4,220 $3,925
18.01 - 19.5 Mbps $3,525 $4,405 $4,110
19.51 - 21.0 Mbps $3,715 $4,595 $4,300
21.01 - 45.0 Mbps $7,515 $8,395 $8,100
v.2.3.06
Table 6: Flexible Bandwidth Billing Option - Burstable T-3
Discount applied to MIS, MIS
w/Managed Ro uter, & MIS w/Managed
Router Option 2: N/A
Incremental Usage Fee
Discount: N/A
Tiered
Bandwidth
Minimum
Commitment
MIS
Undiscou
nted
Monthly
Fee
MIS w/
Managed
Router
Undiscou
nted
Monthly
Fee
MIS w/
Managed
Router
Option 2
Undiscount
ed Monthly
Fee
Undisco
unted
Increme
ntal
Usage
Fee
Per
Mbps
2 Mbps $590 $885 $840 $355
3 Mbps $850 $1,145 $1,100 $340
4 Mbps $1,075 $1,370 $1,325 $325
5 Mbps $1,125 $1,420 $1,375 $270
6 Mbps $1,250 $1,545 $1,500 $250
7 Mbps $1,415 $2,295 $2,000 $245
8 Mbps $1,565 $2,445 $2,150 $235
9 Mbps $1,715 $2,595 $2,300 $230
10 Mbps $1,840 $2,720 $2,425 $225
15 Mbps $2,465 $3,345 $3,050 $200
20 Mbps $3,090 $3,970 $3,675 $190
25 Mbps $3,725 $4,605 $4,310 $180
30 Mbps $4,350 $5,230 $4,935 $175
35 Mbps $4,990 $5,870 $5,575 $175
40 Mbps $5,615 $6,495 $6,200 $170
45 Mbps $6,250 $7,130 $6,835 N/A
v.2.3.06
AT&T Managed Internet Service – Pricing Schedule
AT&T MA Reference No. ______________
CSM100121095451
AT&T and Customer Confidential Information
Page 5 of 15
eCRM ID ps_mis_all_with_security_svcs_20060528_gcsm.rtf
EaMIS In-Region (2 - 200 v.0 5/14/09
Table 7: M IS Access Redundancy Option
(MARO) - Burstable T-1 with Shadow Billing Option
Discount: N/A
Sustained Usage MIS w/Managed
Router Undiscounted
Monthly Service Fee
MIS w/Managed Router
Option 2 Undiscounted
Monthly Service Fee
Up to 56 Kbps
For MARO
Redundant Link
Service Only
(Shadow Billing)
$170 $160
up to 128kbps $340 $330
128.01 - 256 Kbps $410 $400
256.01 - 384 Kbps $475 $465
384.01 - 512 Kbps $540 $530
512.01 Kbps - 1.544
Mbps
$635 $625
v.2.20.06
Table 8: MARO Burstable T-3 with Shadow Billing Option
Discount: N/A
Sustained Usage
MIS w/Managed
Router Monthly
Service Fee
MIS w/Managed Router
Option 2 Monthly
Service Fee
Up to 56 Kbps
For MARO Redundant
Link Service Only
(Shadow Billing)
$800 $790
up to 6.0 Mbps $1,810 $1,765
6.01 – 7.5 Mbps $2,670 $2,375
7.51 – 9.0 Mbps $2,945 $2,650
9.01 – 10.5 Mbps $3,170 $2,875
10.51 - 12.0 Mbps $3,395 $3,100
12.01 - 13.5 Mbps $3,620 $3,325
13.51 - 15.0 Mbps $3,845 $3,550
15.01 - 16.5 Mbps $4,030 $3,735
16.51 - 18.0 Mbps $4,220 $3,925
18.01 - 19.5 Mbps $4,405 $4,110
19.51 - 21.0 Mbps $4,595 $4,300
21.01 - 45.0 Mbps $8,395 $8,100
v.2.3.06
Table 9: MARO Features - Monthly Service Fees
Option Monthly Service Fee
List Price
Service
Component
Discount
T-1: $500
NxT1:
$500 per T-1
T3: $5,000
Alternate Backbone
Node Option -
additional charges via
Private Line, per
Service Component
OC-3 $12,000
N/A
T-1: $120
NxT-1: $350
T3: $540
CPE Redundant
Configuration Option
- Per Service
Component OC-3: $2,435
N/A
$500 per T-1
Redundant Link
$5,000 per T-3
Redundant Link
Backbone Node
Redundancy Option -
additional charges via
Private Line, per
Redundant Link $12,000 per OC-3
Redundant Link
N/A
Outbound Load
Balancers (2)
(Dual Managed
Customer Routers)
T1 & NXT1:$350
T3 & OC3: $875
N/A
v.2.3.06
Table 10: MIS and MARO Features - Installation Fees (ICB Only)
Discount: 0.0 %
Option Undiscounted Installation Fee
List Price
MIS, MIS w/Managed Router , & MIS w/
Managed Router Option 2
MARO - Outbound Load
Balancers (2)
(Dual Managed Customer
Routers)
$1000
v.2.6.06
AT&T Managed Internet Service – Pricing Schedule
AT&T MA Reference No. ______________
CSM100121095451
AT&T and Customer Confidential Information
Page 6 of 15
eCRM ID ps_mis_all_with_security_svcs_20060528_gcsm.rtf
EaMIS In-Region (2 - 200 v.0 5/14/09
Table 11: MIS Tele – Installation
Discount: 100.0 %
MIS Speed Undiscount
ed MIS
Undiscounted
MIS w/
Managed
Router
Undiscounted MIS
w/ Managed
Router Option 2
56 Kbps $1,000 $1,000 $1,000
128 Kbps -
1.5 Mbps
$1,000 $1,000 $1,000
NxT-1 $2,500 $2,500 $2,500
Tiered/Full
T-3
$5,000 N/A N/A
Tiered OC -
3,
OC -12, OC -
48
$10,000 N/A N/A
Ethernet $1,500 $1,500* N/A
10 Gig
Ethernet
$10,000 $10,000** $10,000**
*Available for MIS speeds of 100 Mbps and below and with electrical
interfaces only.
** Subject to availability
v.10.01.08
Table 12: On -Site Installation
Discount: 0.0 %
MIS Speed Undiscounted MIS
w/ Managed
Router Only
Undiscounted MIS w/
Managed
Router Option 2 Only
56 Kbps $999 $999
128 Kbps - 1.5
Mbps $999
$999
NxT-1 $999
$999
Tiered/Full T -3
$1,000
$1,000
Tiered OC -3,
OC -12, OC -48 $10,000
$10,000
Ethernet $1,500 N/A
v.11.08.08
Table 13: ATM and Tiered OC -3 (ICB Only)*
Discount: N/A
Speed Undiscounted
MIS Monthly
Service Fee
Undiscounted
MIS w/Managed
Router
Monthly Service
Fee
Undiscounted MIS
w/Managed Router
Option 2
Monthly Service Fee
2 Mbps $590 $885 $840
3 Mbps $850 $1,145 $1,100
4 Mbps $1,075 $1,370 $1,325
5 Mbps $1,125 $1,420 $1,375
6 Mbps $1,250 $1,545 $1,500
7 Mbps $1,415 $2,295 $2,000
8 Mbps $1,565 $2,445 $2,150
9 Mbps $1,715 $2,595 $2,300
10 Mbps $1,840 $2,720 $2,425
15 Mbps $2,465 $3,345 $3,050
20 Mbps $3,090 $3,970 $3,675
25 Mbps $3,725 $4,605 $4,310
30 Mbps $4,350 $5,230 $4,935
35 Mbps $4,990 $5,870 $5,575
40 Mbps $5,615 $6,495 $6,200
60 Mbps $7,825 $9,005 $8,450
155 Mbps
(not
available
with ATM) $17,800 $18,980 $18,425
v.2.3.06
Table 14: Burstable OC -3 (ICB Only)
Discount: N/A
Sustained Usage Undiscoun
ted MIS
Monthly
Service
Fee
Undiscounted
MIS w/Managed
Router Monthly
Service Fee
Undiscounted MIS
w/Managed Router
Option 2 Monthly
Service Fee
Up to 35.0 Mbps $5,990 $6,870 $6,575
35.01 to 45.0 Mbps $7,515 $8,395 $8,100
45.01 to 55.0 Mbps $8,765 $9,945 $9,390
55.01 to 65.0 Mbps $10,025 $11,205 $10,650
65.01 to 75.0 Mbps $11,290 $12,470 $11,915
75.01 to 85.0 Mbps $12,550 $13,730 $13,175
85.01 to 100.0
Mbps $14,440 $15,620 $15,065
100.01 to 125.0
Mbps $17,590 $18,770 $18,215
125.01 to 155.0
Mbps $21,365 $22,545 $21,990
v.2.3.06
AT&T Managed Internet Service – Pricing Schedule
AT&T MA Reference No. ______________
CSM100121095451
AT&T and Customer Confidential Information
Page 7 of 15
eCRM ID ps_mis_all_with_security_svcs_20060528_gcsm.rtf
EaMIS In-Region (2 - 200 v.0 5/14/09
Table 15: Flexible Bandwidth Billing Option - Burstable OC -3 (ICB
Only)
Discount applied to MIS, MIS w/Managed Router ,
& MIS w/ Managed Router Option 2: N/A
Incremental
Usage Fee
Discount:
N/A
Tiered
Bandwidt
h
Minimum
Commitm
ent
Undiscou
nted MIS
Monthly
Fee
Undiscoun
ted MIS
with
Managed
Router
Monthly
Fee
Undisco
unted
MIS with
Manage
d Router
Option 2
Monthly
Fee
Undiscounted
Incremental
Usage Fee
Per Mbps
35 Mbps $4,990 $5,870 $5,575 $175
40 Mbps $5,615 $6,495 $6,200 $170
45 Mbps $6,250 $7,130 $6,835 $170
60 Mbps $7,825 $9,005 $8,450 $160
70 Mbps $8,875 $10,055 $9,500 $155
80 Mbps $9,925 $11,105 $10,550 $150
90 Mbps $10,975 $12,155 $11,600 $150
100 Mbps $12,025 $13,205 $12,650 $145
120 Mbps $14,125 $15,305 $14,750 $145
144 Mbps $16,225 $17,405 $16,850 $140
155 Mbps $17,800 $18,980 $18,425 N/A
v.2.3.06
Table 16: Tiered OC -12 (ICB Only)
Discount: N/A
Speed Undiscounted
MIS Monthly
Service Fee
Undiscounted MIS w/Managed
Router
Monthly Service Fee
622 Mbps $50,700 $52,505
v.2.3.06
Table 17: Burstable OC -12 (ICB Only)
Discount: N/A
Speed Undiscounted
MIS Monthly
Service Fee
Undiscounted MIS
w/Managed Router
Monthly Service Fee
Up to 75.0 Mbps $11,290 $12,470
75.01 to 150.0 Mbps $18,750 $19,930
150.01 to 225.0 Mbps $26,215 $27,395
225.01 to 300.0 Mbps $33,665 $35,470
300.01 to 375.0 Mbps $40,040 $41,845
375.01 to 450.0 Mbps $46,415 $48,220
450.01 to 525.0 Mbps $52,715 $54,520
525.01 to 622.0 Mbps $60,850 $62,655
v.2.3.06
Table 18: Flexible Bandwidth Billing Option - Burstable OC -12 (ICB
Only)
Discount applied to MIS & MIS w/Managed
Router: N/A
Incremental
Usage Fee
Discount:
N/A
Tiered
Bandwidth
Minimum
Commitment
Undiscount
ed MIS
Monthly
Fee
Undiscounted
MIS with
Managed
Router
Monthly Fee
Undiscounted
Incremental
Usage Fee
Per Mbps
70 Mbps $8,875 $10,055 $155
80 Mbps $9,925 $11,105 $150
90 Mbps $10,975 $12,155 $150
100 Mbps $12,025 $13,205 $145
120 Mbps $14,125 $15,305 $145
144 Mbps $16,225 $17,405 $140
155 Mbps $17,800 $18,980 $140
200 Mbps $20,975 $22,780 $130
250 Mbps $24,515 $26,320 $120
300 Mbps $28,050 $29,855 $115
350 Mbps $31,600 $33,405 $110
400 Mbps $35,140 $36,945 $110
450 Mbps $38,675 $40,480 $105
500 Mbps $42,215 $44,020 $105
550 Mbps $45,750 $47,555 $100
600 Mbps $49,290 $51,095 $100
622 Mbps $50,700 $52,505 N/A
v.2.3.06
Table 19: Tiered OC -48 (ICB Only)
Discount: N/A
Speed Undiscounted MIS
Monthly Service Fee
Undiscounted MIS
w/Managed Router
Monthly Service Fee
2.5 Gbps $196,000 $199,055
v.2.3.06
AT&T Managed Internet Service – Pricing Schedule
AT&T MA Reference No. ______________
CSM100121095451
AT&T and Customer Confidential Information
Page 8 of 15
eCRM ID ps_mis_all_with_security_svcs_20060528_gcsm.rtf
EaMIS In-Region (2 - 200 v.0 5/14/09
Table 20: Burstable OC -48 (ICB Only)
Discount: N/A
Sustained Usage Undiscounted
MIS Monthly
Service Fee
Undiscounted MIS
w/Managed Router Monthly
Service Fee
Up to 1250 Mbps $121,500 $124,555
1251 to 1350 Mbps $130,975 $134,030
1351 to 1450 Mbps $140,450 $143,505
1451 to 1550 Mbps $149,925 $152,980
1551 to 1650 Mbps $159,400 $162,455
1651 to 1750 Mbps $168,875 $171,930
1751 to 1850 Mbps $178,350 $181,405
1851 to 1950 Mbps $187,825 $190,880
1951 to 2050 Mbps $197,300 $200,355
2051 to 2150 Mbps $206,775 $209,830
2151 to 2250 Mbps $216,250 $219,305
2251 to 2350 Mbps $225,725 $228,780
2351 to 2450 Mbps $235,200 $238,255
v.2.3.06
Table 21: Flexible Bandwidth Billing Option - Burstable OC -48 (ICB
Only)
Discount applied to MIS & MIS w/Managed
Router: N/A
Incremental Usage
Fee Discount:
N/A
Tiered
Bandwidth
Minimum
Commitment
Undiscou
nted MIS
Monthly
Fee
Undiscounte
d MIS with
Managed
Router
Monthly Fee
Undiscounted
Incremental Usage
Fee
Per Mbps
600 Mbps $49,290 $51,095 $100
622 Mbps $50,700 $52,505 $100
700 Mbps $56,365 $58,170 $100
800 Mbps $63,440 $65,245 $100
1250 Mbps $101,250 $104,305 $100
1550 Mbps $125,000 $128,055 $100
1850 Mbps $148,750 $151,805 $100
2150 Mbps $172,500 $175,555 $100
2450 Mbps $196,000 $199,055 N/A
v.2.3.06
Table 22a: Flexible Bandwidth Billing Option - Ethernet
Discount applied to MIS & MIS w/Managed
Router: 65.0 %
Incremental
Usage Fee
Discount:
65.0 %
Tiered
Bandwidth
Minimum
Commitment
MIS
Undiscounte
d Monthly
Fee
MIS with
Managed
Router
Undiscounted
Monthly Fee
Undiscounted
Incremental
Usage Fee
Per Mbps
0.5 Mbps $390 $460 $940
1.0 Mbps $425 $495 $510
1.5 Mbps $470 $540 $380
2 Mbps $590 $885 $355
3 Mbps $850 $1,145 $340
4 Mbps $1,075 $1,370 $325
5 Mbps $1,125 $1,420 $270
6 Mbps $1,250 $1,545 $250
7 Mbps $1,415 $2,295 $245
8 Mbps $1,565 $2,445 $235
9 Mbps $1,715 $2,595 $230
10 Mbps $1,840 $2,720 $225
15 Mbps $2,465 $3,345 $200
20 Mbps $3,090 $3,970 $190
25 Mbps $3,725 $4,605 $180
30 Mbps $4,350 $5,230 $175
35 Mbps $4,990 $5,870 $175
40 Mbps $5,615 $6,495 $170
45 Mbps $6,250 $7,130 $170
50 Mbps $6,770 $7,815 $165
60 Mbps $7,825 $9,005 $160
70 Mbps $8,875 $10,055 $155
75 Mbps $9,410 $10,595 $155
80 Mbps $9,925 $11,105 $150
90 Mbps $10,975 $12,155 $150
100 Mbps $12,025 $13,205 $145
120 Mbps $14,125 $15,305 $145
144 Mbps $16,225 $17,405 $140
150 Mbps $17,065 $18,250 $140
155 Mbps $17,800 $18,980 $140
200 Mbps $20,975 $22,780 $130
250 Mbps $24,515 $26,320 $120
300 Mbps $28,050 $29,855 $115
350 Mbps $31,600 $33,405 $110
400 Mbps $35,140 $36,945 $110
450 Mbps $38,675 $40,480 $105
500 Mbps $42,215 $44,020 $105
550 Mbps $45,750 $47,555 $100
600 Mbps $49,290 $51,095 $100
622 Mbps $50,700 $52,505 $100
700 Mbps $56,365 $58,170 $100
800 Mbps
(ICB) $63,440 $65,245 $100
900 Mbps
(ICB) $70,875 $73,930 $100
1000 Mbps
(ICB) $78,250 $81,305 N/A
v.10.01.08
AT&T Managed Internet Service – Pricing Schedule
AT&T MA Reference No. ______________
CSM100121095451
AT&T and Customer Confidential Information
Page 9 of 15
eCRM ID ps_mis_all_with_security_svcs_20060528_gcsm.rtf
EaMIS In-Region (2 - 200 v.0 5/14/09
Table 22b : Flexible Bandwidth Billing Option – MIS 10 Gig Ethernet
Discount applied to MIS: N/A Incremental Usage Fee
Discount: N/A
Tiered Bandwidth
Minimum
Commitment
MIS
Undiscounted
Monthly
Fee
Undiscounted Incremental
Usage Fee
Per Mbps
.5 Gbps $42,215 $84.43
1.0 Gbps $78,250 $78.25
1.5 Gbps $119,625 $79.75
2.0 Gbps $161,000 $80.50
2.5 Gbps $196,000 $80.25
3.0 Gbps $240,000 $80.00
3.5 Gbps $279,125 $79.75
4.0 Gbps $318,000 $79.50
4.5 Gbps $356,625 $79.25
5.0 Gbps $390,000 $78.00
5.5 Gbps $433,125 $78.75
6.0 Gbps $471,000 $78.50
6.5 Gbps $508,625 $78.25
7.0 Gbps $539,000 $77.00
7.5 Gbps $583,125 $77.75
8.0 Gbps $620,000 $77.50
8.5 Gbps $656,625 $77.25
9.0 Gbps $684,000 $76.00
9.5 Gbps $719,625 $75.75
10.0 Gbps $755,000 $75.50
v.10.01.08
Table 23: Class Of Service Option - Tiered T-1, T-3 and Burstable
Service - Monthly Service Fees
Discount: N/A
Speed Class of Service Monthly Fee – List Price (w/ or
w/out Managed Router, including Managed
Router Option 2, except as indicated)
56 Kbps† $225
128 Kbps† $225
256 Kbps† $225
384 Kbps† $225
512 Kbps† $225
768 Kbps $225
1024 Kbps* $225
1.5 Mbps $225
2xT-1 (3 Mbps) $225
3xT-1 (4.5 Mbps) $225
4xT-1 (6 Mbps) $225
5xT-1 (7.5 Mbps) $225
6xT-1 (9 Mbps) $225
7xT-1 (10.5 Mbps) $225
8xT-1 (12 Mbps) $225
10 Mbps $825
15 Mbps $1,075
20 Mbps $1,325
25 Mbps $1,575
30 Mbps $1,825
35 Mbps $2,100
40 Mbps $2,350
45 Mbps $2,750
155 Mbps‡ $2,750
(†) no real-time class available
(‡) unmanaged only
v.6.1.06
Table 24: Class Of Service Option - Flexible Bandwidth Billing Option -
Monthly Service Fees
Discount: N/A
Speed Undiscounted MIS w/ or w/out Managed
Router including Managed Router Option
2*
Monthly Service Fee
Up to 1.5 Mbps $225
2.0 Mbps $285
2.01 - 3.0 Mbps $360
3.01 - 4.0 Mbps $435
4.01 - 5.0 Mbps $510
5.01 - 6.0 Mbps $575
6.01 - 7.0 Mbps $640
7.01 - 8.0 Mbps $705
8.01 - 9.0 Mbps $765
9.01 to 10.0 Mbps $825
10.01 to 15.0 Mbps $1,075
15.01 - 20.0 Mbps $1,325
20.01 - 25.0 Mbps $1,575
25.01 - 30.0 Mbps $1,825
30.01 - 35.0 Mbps $2,100
35.01 - 40.0 Mbps $2,350
40.01 – 45 Mbps $2,750
45.01 – 155 Mbps $5,000
200 - 250 Mbps $5,400
300 - 350 Mbps $5,800
400 - 600 Mbps $6,200
622 Mbps $7,000
700 – 1000 Mbps $7,800
1.5 Gbps $7,900
2.0 Gbps $8,000
2.5 Gbps $8,100
3.0 Gbps $8,200
3.5 Gbps $8,300
4.0 Gbps $8,400
4.5 Gbps $8,500
5.0 Gbps $8,600
5.5 Gbps $8,700
AT&T Managed Internet Service – Pricing Schedule
AT&T MA Reference No. ______________
CSM100121095451
AT&T and Customer Confidential Information
Page 10 of 15
eCRM ID ps_mis_all_with_security_svcs_20060528_gcsm.rtf
EaMIS In-Region (2 - 200 v.0 5/14/09
6.0 Gbps $8,800
6.5 Gbps $8,900
7.0 Gbps $9,000
7.5 Gbps $9,100
8.0 Gbps $9,200
8.5 Gbps $9,300
9.0 Gbps $9,400
9.5 Gbps $9,500
10.0 Gbps $9,600
*Subject to availability
v.10.01.08
Table 25: Class Of Service Option - Installation Fees
Discount: N/A
Class of Service Undiscounted Installation Fee $1,000
v.2.3.06
Table 26: MIS+NCS Option (ICB Only)
Discount: N/A
Feature Undiscounted Monthly Service Fee
MIS Only
MIS + NCS Site License Fee
(3 yr) $1,200
MIS + NCS Site License Fee
(5 yr) $1,050
MIS + NCS Tier 1 Support $100
v.2.3.06
Table 27: MIS + NCS
Installation Fees (ICB Only)
Discount: 0.0 %
Feature Undiscounted Installation Fee
List Price MIS
MIS + NCS Site Preparation
Fee
$2,500
v.2.3.06
Table 28: MPLS PNT Feature
Discount:N/A
Access Method Speed Undiscounted
Monthly Service
Fee MIS, MIS
w/Managed
Router, and MIS
w/ Managed
Router Option 2
Private Line
Fractional T -1
(56K – 768K)**
Fractional T -1 (56K –
768K)** $200
Private Line
NxT-1
(2 through 8)
Private Line NxT-1
(3 Mbps – 12 Mbps) $200
Private Line T1 T-1 (1.54 Mbps) $200
Private Line T3 2 Mbps (Hi -Cap Flex T3) $1,000
Private Line T3 3 Mbps (Hi -Cap Flex T3) $1,000
Private Line T3 4 Mbps (Hi -Cap Flex T3) $1,000
Private Line T3 5 Mbps (Hi -Cap Flex T3) $1,000
Private Line T3 6 Mbps (Hi -Cap Flex T3) $1,000
Private Line T3 7 Mbps (Hi -Cap Flex T3) $1,000
Private Line T3 8 Mbps (Hi -Cap Flex T3) $1,000
Private Line T3 9 Mbps (Hi -Cap Flex T3) $1,000
Private Line T3 10 Mbps (Hi -Cap Flex T3) $1,000
Private Line T3 15 Mbps (Hi Cap Flex T3
or Fractional T3) $1,000
Private Line T3 20 Mbps (Hi -cap Flex T3,
or Fractional T3) $2,000
Private Line T3 25 Mbps(Hi -cap Flex T3,
or Fractional T3) $2,000
Private Line T3 30 Mbps (Hi -cap Flex T3,
or Fractional T3) $2,000
Private Line T3 35 Mbps (Hi -cap Flex T3,
or Fractional T3) $2,000
Private Line T3 40 Mbps (Hi -cap Flex T3,
or Fractional T3) $2,000
Private Line T3 45 Mbps (Full T3) $2,000
Private Line T3 6-45 Mbps (Burstable T3) $2,000
Private Line OC3 OC -3 (35-155 Mbps) Flat
rate, Burstable, or Hi -Cap
flex $5,000
Private Line
OC12
OC -12 (70-622 Mbps) Flat
rate, Hi -Cap Flex, or
Burstable $10,000
Private Line
OC48
OC -48 (600-2500 Mbps)
Flat rate, Hi -Cap Flex or
Burstable
$20,000
Ethernet 512 Kbps - 1.5 Mbps $200
Ethernet 2 - 15 Mbps $1,000
Ethernet 15.01 – 45 Mbps $2,000
Ethernet 45.01 - 155 Mbps $5,000
Ethernet 155.01 - 622 Mbps $10,000
Ethernet 622.01 - 1000 Mbps $20,000
** (1024K not available with MPLS PNT)
v.10.12.07
AT&T Managed Internet Service – Pricing Schedule
AT&T MA Reference No. ______________
CSM100121095451
AT&T and Customer Confidential Information
Page 11 of 15
eCRM ID ps_mis_all_with_security_svcs_20060528_gcsm.rtf
EaMIS In-Region (2 - 200 v.0 5/14/09
Table 29: MPLS PNT UniLink Feature
Discount: N/A
Access Method Speed Undiscounted Monthly
Service Fee MIS PNT
and MIS PNT with
Managed Router
Private Line T-1
T-1 (1.54 Mbps)
Burstable T1 $200
Private Line T-3
2- 45 Mbps (Flat
Rate, Hi-Cap Flex or
Burstable T3) $2,000
Private Line OC-3
OC-3 (35-155 Mbps)
Flat rate, Burstable,
or Hi-Cap flex $5,000
Private Line OC-
12
OC-12 (70-622
Mbps) Flat rate, Hi-
Cap Flex, or
Burstable $10,000
Private Line OC-
48
OC-48 $20,000
Ethernet 512 Kbps – 1.5
Mbps
$200
Ethernet 2 - 45 Mbps $2,000
Ethernet 45.01-155 Mbps $5,000
Ethernet 155.01-622 Mbps $10,000
Ethernet 622.01-1000 Mbps $20,000
v.10.12.07
Table 30: MultiCast Monthly Service Fee
N/A
MultiCast Monthly Service Fee ICB
Table 31: MultiCast Installation
N/A
MultiCast Installation Fee ICB
Section II: AT&T Business in a BoxSM
Table 1: Service Component Replacement – Next Business Day
Shipped (5x8) Monthly Charges
Discount: N/A
Service Component/Device Undiscounted Monthly
Service Charge
Base Unit 12 Port $50
Base Unit 24 Port $70
8 Port POE Add-On $30
24 Port POE Add-On $75
8 Port Analog Module Add-On $35
v.5.14.09
Table 2: On -Site Maintenance (24X7X4) Monthly Charges
Discount: N/A
Option Undiscounted Monthly
Service Charge
Base Unit 12 Port $75
Base Unit 24 Port $95
8 Port POE Add-On $35
24 Port POE Add-On $85
8 Port Analog Module Add-On $40
v.5.14.09
Table 3: Life -Cycle Management Charges - Service Charges
Discount: N/A
Per Site / Per Occurrence
during Standard Business
Hours (Monday- Friday, 8:00
am - 5:00 pm, local time)
Undiscounted Service Charge List
Price
Move, Addition, Change to
Service
$260
Delete Service $500
v. 5.14.09
Table 4: Class Of Service Option - when ordered with AT&T BVoIP
Services only
Discount: 100%
Class of Service Monthly
Service Fee
$225
v.1.9.09
Section III: Managed Firewall Service Pricing - ICB
Table 1: Monthly Fees for Router and Server Based Firewalls
Option Monthly Service
Fee
List Price
Service Component
Discount
Router Based
Firewall Option
$300 N/A
Server Based
Firewall Option
$2,500 N/A
v.11.27.02
Table 2: Installation Fees for Router and Server Based Firewalls
Option Tele -Installation
Fee - List Price
Discount To be Applied To
The List Price
Router Based
Firewall
$2500 N/A
Server Based
Firewall
$5000 N/A
v.04/29/02
Table 3: Server Based High End Firewall Monthly
Discount: N/A
Options Monthly Service Fees
List Price
Undiscounted Hi
Availability/Load
Balancing (Cluster of 2
Firewalls)
$6250
AT&T Managed Internet Service – Pricing Schedule
AT&T MA Reference No. ______________
CSM100121095451
AT&T and Customer Confidential Information
Page 12 of 15
eCRM ID ps_mis_all_with_security_svcs_20060528_gcsm.rtf
EaMIS In-Region (2 - 200 v.0 5/14/09
Undiscounted Additional
Firewalls in High
Availability Cluster (Up to
5 total)
$2,500 per additional firewall
04/29/02
Table 4: Server Based High End Firewall Installation
Options Undiscounted
Installation Fees
List Price
Additional Service
Component Discount
Managed Firewall - Hi
Availability/Load
Balancing
(Cluster of 2 Firewalls)
$12,500 N/A
Additional Firewalls in
High Availability Cluster
(above cluster of 2, up to
a total of 5)
$5,000 per
additional firewall
N/A
v.04/29/02
Table 5: Server Based Firewall Options - ICB
(i) Monthly Service Charges
Discount: N/A
Server Based Firewall Options Undiscounted Monthly
Service Fees
List Price
Triple Homed Option (DMZ)
(Server Based)
$500
Double Homed Option
(Unprotected DMZ)
$0
URL Screening (Websense)
Managed Firewall URL Screening
100 User
$100.00
Managed Firewall URL Screening
500 User
$350.00
Managed Firewall URL Screening
1000 User
$500.00
Managed Firewall URL Screening
3000 User
$900.00
Managed Firewall URL Screening
5000 User
$1,250.00
100 Mb Ethernet Support - Managed
Firewall 100Mb Ethernet
$200.00
Support For Customer-Provided
Strong Authentication Server
$50.00
Managed Firewall - Support For
Extranet
$750.00
Managed Firewall - Support For
Remote User VPN
$0
Firewall to Firewall VPN - (AT&T
Managed Firewall Location)
$500
Firewall to Firewall VPN - (Customer
Managed Firewall Location)
$1000
Firewall Availability Reporting $500
Managed Firewall - Support For
Hardware Encryption Acceleration
$500
v.02/05/04
(ii) Installation Charges
Discount: N/A
Firewall Options Undiscounted
Installation Fees List
Price
Triple Homed Option (DMZ) (Server
Based)
$0
Double Homed Option (Unprotected
DMZ)
$200
URL Screening (Websense)
Managed Firewall URL Screening
100 User
$350.00
Managed Firewall URL Screening
500 User
$350.00
Managed Firewall URL Screening
1000 User
$350.00
Managed Firewall URL Screening
3000 User
$350.00
Managed Firewall URL Screening
5000 User
$350.00
100 Mb Ethernet Support -
Managed Firewall 100Mb Ethernet
$200.00
Support For Customer Provided
Strong Authentication Server
$250.00
Managed Firewall - Support for
Extranet
$500.00
Managed Firewall - Support for
Remote User VPN
$1000.00
Firewall to Firewall VPN - (AT&T
Managed Firewall Location)
$500
Firewall to Firewall VPN - (Customer
Managed Firewall Location)
$1000
Firewall Availability Reporting $500
Managed Firewall - Support For
Hardware Encryption Acceleration
$500
v.02/05/04
Table 6: Triple Homed Option - Router based
Discount: N/A
Option Undiscounted Installation Fee
Triple Homed Option $500
v.11/27/02
Table 7: On -Site Maintenance/Service Level Response Time Options
- Monthly Service Charges
Discount: N/A
Maintenance/Service Level
Response Time
Undiscounted Monthly Service
Charge
5 days/week, 8 hours/day,
Next Business Day
Standard - available at no additional
charge
5 days/week, 8 hours/day, 4
Business Hours
$150.00
7 days/week. 8 hours/day Next
Business Day
$300.00
7 days/week, 24 hours/day, 4
Business Hours
$500.00
AT&T Managed Internet Service – Pricing Schedule
AT&T MA Reference No. ______________
CSM100121095451
AT&T and Customer Confidential Information
Page 13 of 15
eCRM ID ps_mis_all_with_security_svcs_20060528_gcsm.rtf
EaMIS In-Region (2 - 200 v.0 5/14/09
v.04/29/02
Table 8: MFS -- CP Option -
Monthly Charges
Option Undiscounted
Monthly Service
Fee
List Price
Service Component
Discount
Small Office $500.00 10.0 %
Medium Office $2,000.00 10.0 %
Medium Office
High Availability $4,000.00 10.0 %
Large Office
High Availability $7,000.00 10.0 %
Large Office High
Availability GigE $7,500.00 10.0 %
Extra-Large High
Availability GigE $15,000.00 10.0 %
v.08/28/02
Table 9: MFS -- CP Option -
Installation Charges
Option Undiscounted
Installation Fees
List Price
Service Component
Discount
Small Office $2,500.00 100.0 %
Medium Office $2,500.00 100.0 %
Medium Office
High Availability $4,500.00 100.0 %
Large Office
High Availability $10,500.00 100.0 %
Large Office High
Availability GigE $11,000.00 100.0 %
Extra-Large High
Availability GigE $18,500.00 100.0 %
v.08/28/02
Table 10: MFS -- CP Options -
Monthly Charges
Option Undiscounted
Monthly
Service Fee
List Price
Service Component Discount
Virtual Private
Network Option $500.00 10.0 %
DMZ Option $700.00 10.0 %
Extranet Option $700.00 10.0 %
v.07/29/02
Table 11: MFS -- CP Options -
Installation Charges
Option Undiscounted
Installation
Fees
List Price
Service Component Discount
Virtual Private
Network Option $500.00 100.0 %
URL Filtering
Option $1,000.00 100.0 %
DMZ Option $500.00 100.0 %
Extranet Option $500.00 100.0 %
v.07/29/02
Table 12: Managed Firewall Service - CN Option
Monthly Prices - Standard AT&T CPE
AT&T CPE
Type of CN
Appliance
Number
of
Users
Undiscounted
Monthly Service
Fee
List Price
Service Component
Discount
Small 1 - 25 $500 N/A
Small 26 - 50 $550 N/A
Small 51 - 100 $600 N/A
Medium 1 - 50 $1,825 N/A
Medium 51 - 100 $1,975 N/A
Medium 101 - 250 $2,095 N/A
Medium Unlimited $2,500 N/A
Large 1 - 50 $2,640 N/A
Large 51 - 100 $2,820 N/A
Large 101 - 250 $2,960 N/A
Large Unlimited $3,500 N/A
v.08.05.05
AT&T Managed Internet Service – Pricing Schedule
AT&T MA Reference No. ______________
CSM100121095451
AT&T and Customer Confidential Information
Page 14 of 15
eCRM ID ps_mis_all_with_security_svcs_20060528_gcsm.rtf
EaMIS In-Region (2 - 200 v.0 5/14/09
Table 13: Managed Firewall Service - CN Option
Monthly Prices - High Availability AT&T CPE
AT&T CPE
Type of CN
Appliance
Number
of
Users
Undiscounted
Monthly
Service Fee
List Price
Service Component
Discount
Medium
(Cluster
of 2
Firewalls)
Unlimited
$3,750 N/A
Large
(Cluster of
2
Firewalls)
Unlimited
$5,500 N/A
v.08.05.05
Table 14: Managed Firewall Service - CN Option
Installation Charges - Standard and High Availability
AT&T CPE
Type of CN
Appliance
Category
of CN
Appliance
Undiscounted
Installation
Fees
List Price
Service Component
Discount
Small Standard $1,000 N/A
Medium Standard $5,000 N/A
Medium High
Availability
$8,250 N/A
Large Standard $5,000 N/A
Large High
Availability
$8,250 N/A
v.10.05.05
Table 15: Managed Firewall Service - CN Option
CN Appliance Options - Monthly Prices
Service Option
Undiscounted
Monthly Service
Fee
List Price
Service Component
Discount
Professional
Resource - ICB $2,000 N/A
Capacity Upgrade
Management - ICB $2,000 N/A
Managed DMZ Support $500 N/A
Support for Customer
Provided Authentication $50 N/A
Firewall to Firewall VPN $500 N/A
Managed Extranet Support $750 N/A
Managed Complex Policy:
30-100 firewall rules - ICB $50 N/A
Managed Extra
Complex Policy:
over 100 firewall
rules - ICB $250 N/A
v.10.05.05
Table 16: Managed Firewall Service - CN Option
CN Appliance Options - Installation Prices
Service Option List Price
Service Component
Discount
Professional
Resource - ICB $5,000 N/A
Capacity Upgrade
Management - ICB $5,000 N/A
Managed DMZ Support $500 N/A
Support for Remote User
VPN Configuration $1,000 N/A
Support for Customer
Provided Authentication $250 N/A
Firewall to Firewall VPN $500 N/A
Managed Extranet Support $500 N/A
Managed Complex Policy:
30-100 firewall rules - ICB $500 N/A
Managed Extra Complex
Policy:
over 100 firewall rules - ICB $1,000 N/A
v.10.05.05
Section I V : Managed Intrusion Detection Service ("MIDS") - ICB
Table 1: MIDS Standalone Option - Monthly Service Fees
Discount: N/A
MIDS Option Undiscounted Monthly Service Fee
List Price
Stand Alone Managed
Intrusion Detection Service
(MIDS) 10 MB
$2,700
Stand Alone Managed
Intrusion Detection Service
(MIDS) 100 MB
$3,200
Table 2: MIDS Standalone Option - Installation Fees
Discount: N/A
MIDS Option Undiscounted Installation Fee
List Price
Stand Alone Managed
Intrusion Detection Service
(MIDS) 10 MB
$7,500
Stand Alone Managed
Intrusion Detection Service
(MIDS) 100 MB
$7,500
v.04.29.02
AT&T Managed Internet Service – Pricing Schedule
AT&T MA Reference No. ______________
CSM100121095451
AT&T and Customer Confidential Information
Page 15 of 15
eCRM ID ps_mis_all_with_security_svcs_20060528_gcsm.rtf
EaMIS In-Region (2 - 200 v.0 5/14/09
Table 3: MIDS Bundled Option - Monthly Service Fees
Discount: N/A
MIDS Option Undiscounted Monthly Service
Fee
List Price
Bundled with MFS-SB Managed
Intrusion Detection Service (MIDS)
10 MB
$2,250
Bundled with MFS-SB Managed
Intrusion Detection Service (MIDS)
100 MB
$2,750
v.04.29.02
Table 4: MIDS Bundled Option - Installation Fees
Discount: N/A
MIDS Option Undiscounted Installation Fee
List Price
Bundled with MFS-SB Managed
Intrusion Detection Service (MIDS)
10 MB
$3,000
Bundled with MFS-SB Managed
Intrusion Detection Service (MIDS)
100 MB
$3,000
v.04.29.02
Section V: Additional Service Fees
Moving Fee (during hours) $1,000 per location
Additional Moving Fee
(outside standard operating
hours – 8:00 a.m. to 5:00 p.m.
Monday through Friday)
Additional $500 per location
v.07/01/04
CityOfMilton/1-CJW9OG/gs1348/2-22-10
AMENDMENT TO PRICING SCHEDULE AT&T and Customer Confidential Information
Page 1 of 2
Updated: 10/08
MA Reference No.
AT&T Managed Internet Service
Amendment to Pricing Schedule
Customer AT&T AT&T Sales Contact (for notices)
City of Milton, GA
Street Address: 13000 Deerfield Pkwy
City: Milton State/Province: GA
Zip code: 30004 Country: USA
AT&T Corp. Name: Brandon Piliero
Street Address: 575 Morosgo Dr NE
City: Atlanta State/Province: GA
Zip Code: 30324 Country: USA
Customer Contact (for notices) AT&T Contact (for notices) AT&T Solution Provider or
Representative Information
(if applicable)
Name: John Umphlett
Title:
Street Address: 13000 Deerfield Pkwy
City: Milton State/Province: GA
Zip Code: 30004 Country: USA
Domestic / International / Zip Code:
Street Address: 575 Morosgo Dr NE
City: Atlanta State/Province: GA
Zip Code:30324 Country: USA
With a copy to:
AT&T Corp.
One AT&T Way
Bedminster, NJ 07921-0752
ATTN: Master Agreement Support Team
Email: mast@att.com
Street Address:
City: State/Province:
Zip Code: Country:
Domestic / International / Zip Code:
Fax: Email:
Sales/Branch Manager:
SCVP Name:
This Amendment to the Pricing Schedule is part of the Agreement between AT&T and Customer referenced above.
AGREED: Customer
AGREED: AT&T
By:_________________________________________
(by its authorized representative)
By:____________________________________________
(by its authorized representative)
(Typed or Printed Name)
(Typed or Printed Name)
(Title)
(Title)
(Date)
(Date)
Amendment to Pricing Schedule
AT&T Managed Internet Service
AT&T Amendment Pricing Schedule.doc AT&T AND CUSTOMER CONFIDENTIAL
Page 2 of 2
Updated: 09/06
1. SERVICES
AT&T Managed Internet Service
2. CUSTOM TERMS AND CONDITIONS
Notwithstanding any terms to the contrary, and in accordance with Georgia law, the initial contract term shall
begin on the term start date specified in this Agreement and shall continue until December 31, 2010, with
annual renewals of the contract beginning January 1, 2011. The final renewal shall be a partial year under
which the Agreement will expire 36 months from the term start date of this Agreement. The Agreement will
be automatically renewed for the annual renewals, on January 1st of each calendar year unless Customer
notifies AT&T in writing, no less than 90 days prior to the end of the calendar year, that the contract will not
be renewed for the following year. Upon AT&T receiving said notice of non-renewal the contract shall
terminate absolutely and without further obligation on the part of either Party, effective the last day of the
calendar year.
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE, Public Works Director
Date: Submitted on March 3, 2010 for the April 12, 2010 Regular Council Meeting
Agenda Item: Approval of a Contract for the Reconstruction of the Canterbury Lane Cul-de-sac
City Manager’s Office Recommendation
Approval.
Discussion
Canterbury Lane is a cul-de-sac located within the Canterbury on the Lake subdivision
off of Birmingham Road. During the storms in September and October of 2009 the slope
on the back portion of the cul-de-sac failed resulting in necessary repairs to the asphalt,
curb and gutter and supporting slope.
Funding and Fiscal Impact
In compliance with the city’s purchasing policy three written bids were submitted for the
project in the amount of $32,820, $18,910 and $15,300. The lowest qualified bid of
$15,300 was selected to complete this work.
The project did qualify for federal aid from FEMA and the city received $4,456.63 to
assist with the repairs. The remaining $10,843.37 is available in the current Pavement
Management budget.
Concurrent Review
Chris Lagerbloom, City Manager
AGREEMENT
Canterbury Lane Cul -de -Sac Repair
A+`
City of Milton
The City of Milton requires 51 % participation by the Prime Contractor on all projects.,
This Construction Agreement (the `'Agreement") is made and entered into this 4 day
of February, 2010, by and between the CITY OF MILTON, a municipal corporation of the State
of Georgia, acting by and through its governing authority, e Milton City Council (hereinafter
referred to as the "City"), and J.J.E. Con tructa Inc, a orpor ion with its
principal place of business located at 5 s `
(hereinafter referred to as the "Contractor"). Oft 30LX*4
WITNESSETH:
WHEREAS, the City issued a Request For Bid to solicit bids for Canterbury Lane cul-de-
sac repair; and
WHEREAS, based upon Contractor's bid to construct and to install the improvements as
described in the RFB, the City has selected Contractor as the winning bidder, and
WHEREAS, Contractor has agreed to perforin 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 alt 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 mast 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 (16 Pages, not including Exhibits);
B. Request For Bid (8 Pages), attached hereto as Exhibit "A";
C. Proposal and Bid from Contractor received February 8, Include in Exhibit "A";
D. Performance and Other Bonds, attached hereto collectively as Exhibit "B";
E. Plans and specifications, Included in Exhibit "A";
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.
Section 2 Project Description
Me Project is defined generally as follows: Canterbury Lane Caul -de -Sac Repair.
Section 3 The Work
The Work is specified and indicated in the Contract Documents {the "Work"}. in the
event of any discrepancy or inconsistency among the terms of the various Contract Documents,
the provision that operates most to the benefit of the City shall govern. The Work previously
described includes all material, labor, insurance, tools, equipment, and any other miscellaneous
items necessary to complete the Wurk as described. Cuntrautor shall complete flea Work hi strict
accordance with the Contract Documents.
Section 4 Contract Time
This Contract shall take effect when a Notice Proceed is issued to the contractor, either
verbal or written. Contractor agrees to complete the Project within 30 calendar days from the
date of Notice to Proceed. Every effort will be made by Contractor to shorten this period.
Section 5 Contractor's Compensation-, Time and Method of Payment
Contractor shall be paid in one lump sum for the full agreed -to contract amount of
$15,300. 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 unautbori7ed work. Upon the City's certification of Final Completion of the Project, an
invoice should be submitted to the City of Milton Purchasing Department, for approval.
Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -
delivered.
Section b Work Chances
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
2
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 $25,000, must be approved by resolution of the
Milton City Council.
Section 7 Covenants of Contractor.
A. Ethics Code
Contractor agrees that it shall not engage in any activity or conduct that would be
in violation of the City of Milton Code of Ethics.
B. -Gime 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.
3
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 infurination provided by the City is erroneous, inconsistent,
or otherwise problematic.
G. Contractor's representative
_ � r
shall be authorized to act on Contractor"s behalf with
respect to the Work A Contractor's designated represcntativc_
A. 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.
Responsibility of Contractor and indemnification of Ch
The Contractor covenants and agrees to take and assume all responsibility for the
services rendered in connection with this Agrreement. The Contractor shall bear all
losses and damages directly or indirectly resulting to it on account of the
4
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
busiricss and agrees to perform the services as an independent contractor and not
as the agent or employee of the City. Ilse Contractor agrees to be solely
responsible for its own matters relating to the thrrc and place the services are
performed; the instrumentalities, tools, supplies and/or materials necessary to
complete the services; hiring of Contractors, agents or employees to complete the
services; and the payment of employees, including compliance with Social
Security, withholding and all other regulations governing such matters. The
Contractor agrees to be solely responsible for its own acts and those of its
subordinates, employees, and subcontractors during the life of this Agreement.
Any provisions of this Agreement that may appear to give the City the right to
direct Contractor as to the details of the services to be performed by Contractor or
to exercise a measure of control over such services will be deemed to mean that
Contractor shall follow the directions of the City with regard to the results of such
services only.
The Contractor shall obtain and maintain, at the Contractor's expense, all permits,
licenses, or approvals that may be necessary for the performance of the services.
The Contractor shall furnish copies of all such permits, licenses, or approvals to
the City of Milton Representative within ten ( 10) days after issuance.
�I
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) Comprchcnsivc 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.
6
(4) Dther Insurance Provisions: The policy is to contain_ or he eiidorsed to
contain, the following provisions:
(a) General Liability and Automobile Liability Coverage.
(i) The City, its officials, employees, agents and volunteers are
to be covered as insured as respects: Liability arising out of
activities performed by or on behalf of the Contractor;
products and completed operations of the Contractor;
premises owned, leased, or used by the Contractor;
automobiles owned, leased, hired, or borrowed by the
Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the City,
its officials, employees, agents or volunteers.
(ii) The Contractox'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, cx.ccpt with respect to the liitiits 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 he 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,
7
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.
(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 hind 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. Tlie 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 shrill 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. Erriployirrent_ of Unauthorized Aliens Prohibited
It is the policy of the City of Milton that unauthorized aliens shall not be
8
employed to perform work on City contracts involving the physical performance
of services. Therefore, the City shall not enter into a contract for the physical
performance of services within the State of Georgia, unless the Contractor shall
provide evidence on City -provided forms, attached hereto as Exhibits "C" and
"D" that it and Contractor's subcontractors have within the previous twelve (12)
month period conducted a verification of the social security numbers of all
employees who will perform work on the City contract to ensure that no
unauthorized aliens will be employed. The City Manager or his/her designee
shall be authorized to conduct an inspection of the Contractor's and Contractor's
subcontractors' verification process to determine that the verification was correct
and complete. The Contractor and Contractor's subcontractors shall retain all
documents and records of its verification process for a period of three (3) years
following completion of the contract_ This requirement shall apply to all
contracts for the physical performance of services where more than three (3)
persons are employed on the City contract.
The City Manager or his/her designee shall further be authorized to conduct
Periodic inspections to ensure that no City Contractor or Contractor's
subcontractors employ unauthorized aliens on City contracts. By entering into a
contract with the City, the Contractor and Contractor's subcontractors agree to
cooperate with any such investigation by making its records and personnel
available upon reasonable notice for inspection and questioning. W here 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
cuoperatu with thy: investiguLion may be sanctioned by termination of the contract,
and the Contractor shall be liable for all damages and delays occasioned by the
City thereby.
Compliance with the requirements of a.C.G.A. § 13-10-91 and Rule 300-10-1-.02
is mandatory.
Contractor agrees that 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 alcove
9
employee -number category that is applicable to the subcontractor.
Contractor's compliance with the requirements of G.C.G.A. § 13-10-91 and Rule
300-10-1-.02 shall be attested by the execution of the contractors affidavit
attached as Exhibit "C."
The above requirements shall be in addition to the requirements of State and
federal law, and shall be construed to be in conformity with those laws.
M. Records, Reports and Audits
(1) Records:
(a) Records shall be established and maintained by the Contractor in
accordance with requirements prescribed by the City with respect
to all matters covered by this Agreement. Except as otherwise
authorized, such records shall be maintained for a period of three
years from the date that final payment is made under this
Agreement. Furthermore, records that are the subject of audit
findings shall be retained for three years or until such audit
findings have been resolved, whichever is later.
(b) All costs shall be supported by properly executed payrolls, time
records, invoices, contracts, or vouchers, or other official
documentation evidencing in proper detail the nature and propriety
of the charges. All checks, payrolls, invoices, contracts, vouchers,
orders or other accounting documents pertaining in whole or in
part to this Ag'Leement 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
omen 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.
10
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 Deform and Control Act of
1986 (IBCA), F.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 ernployees 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 cuumiencing work udder this
Agreement, in a forth acceptable to the City of Milton, affirming the Contractor's
compliance with this Section.
Q. l,iccnscs Certifications and Permits
The Contractor covenants and declares that it has obtained all diplomas,
certificates, licenses, permits or the like required of the Contractor by any and all
national, state, regional, county, local boards, agencies, commissions, committees
or other regulatory bodies in order to perform the services contracted for under
this Agreement. All work performed by Contractor under this Agreement shall be
in accordance with applicable legal requirements and shall meet the standard of
quality ordinarily expected of competent professionals.
R. Key Personnel
All of the individuals identified in Exhibit "E" are necessary for the successful
ll
prosecution of the Work cine 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 "E". without written approval of the City.
Contractor recognizes that the composition of this team was instrumental in the
City's decision to award the work to Contractor and that compelling reasons for
substituting these individuals must be demonstrated for the City's consent to be
granted. Any substitutes shall be persons of comparable or superior expertise and
experience. Failure to comply with the provisions of this section shall constitute a
material breach of Contractor's obligations under this Agreement and shall be
grounds for termination. Contractor shall not subcontract with any third party for
the performance of any portion of the Work without the prior written consent of
the City. Contractor shall be solely responsible for any such subcontractors in
terms of performance and compensation.
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 subcontrdutc)r upon
completion or termination of the work shall be delivered immediately to the City.
The Contractor assumes all disk of loss, dainage 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 assigmnent.
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 a-, prohlems arise and will he 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
12
rescheduled meetings, or to make a gond faith effort to resolve problems. may
result in termination of the contract.
Section 8 Covenants of the Citv
A. Right of Entry
The City shall provide for right of entry for Contractor and all necessary
equipment to Canterbury Lane, in order for Contractor to complete the Work.
B. City's Representative
Carter Lucas, PE shall be authorized to act on the City's behalf with respect to the
Work as the City's designated representative
Section 9 Warranty
Except as may be otherwise specified or agreed, the Contractor shall repair all defects in
materials, equipment, or workmanship appearing within one year from the date of Final
Completion of the Project at no additional cost to the City. An inspection shall be conducted by
the City or its representative(s) near the completion of the one-year general warranty period to
identify any issues that must be resolved by the Contractor.
Section 10 Termination
A. The City may terminate this Agreement for convenience at any time upon written
notice to Contractor. In the event of a termination for convenience, Contractor
shall take hinnediate steps to tern-miate 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 sty 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.
13
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 perforrning 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 effcct 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:
14
NOTICE TO CITY shall be sent to:
City of Milton
Attn: City Manager
13000 Deerfield Parkway, Suite 107F
Milton, Georgia 30004
NOTICE TO CONTRACTOR shall be sent to:
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)
arty 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, tire, 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 cxtcndcd by an amount of time equal to the
period of delay caused by such acts and all other obligations shall remain intact.
H. HcadiM. 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]
15
.I.J.E. N ORS, INC.:
7 es mbro, esident/Secretary
[AFFIX CORPORATE SEAL]
SIGNED, SEALED, AND DELIVERED
[NOTARY SEAL]
My Conunission Expires:
4
MILTON CITY COUNCIL:
Joe Lockwood, Mayor
[CITY SEAL]
SIGNED, SEALED, AND DELIVERED
In the presence of:
Witness
Notary Public
[NOTARY SEAL]
My Commission Expires:
Secretary of Owner should attest
Give proper title of each person -executing affidavit. Attach seal as required_
Executed in Quadruplicate _ of 4
16
EXHIBIT "A"
Request for Bid
17
Canterbury Lane
Cul -de -Sac Repair
BIDS DUE FEBRUARY 8, 2010 BY 5:00 PM
Canterbury on the lake
City of Milton, Georgia
A
bx�e r}
}
a
�
c
E'tlYn�am
Canterbury
371
Lane
Hna"
Columns Pr
Cnamp�ons Cluse
Canterbury Lane
Cul -de -Sac Repair
BIDS DUE FEBRUARY 8, 2010 BY 5:00 PM
Canterbury on the lake
City of Milton, Georgia
Scope of Work and Schedule
The undersigned, as bidder, declares and represents that it has examined the site of the work and
informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be
performed, including those conditions affecting the cast of the work and the delivery. handling and
storage of materials and equipment. The bidder has examined and read the Bidding Document and
has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of
the work which is required to be perforated and that the bidder is wiliing and able to perform all of the
work necessary- The bidder further certifies that no additional information is required to complete the
work encompassed by this bid within the cost and schedule established and agreed upon within this
bidding document.
The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to
provide all construction labor. materials, equipment, products, transportation, and other facilities and
services as necessary andfor required to execute and complete the work in full in accordance with the
scope of work provided to the full satisfaction of the rity
THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED
AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER.
The base bid may not be withdrawn or modified, except at the request of the city. for a period of sixty
(60) days following receipt of the bids
BIDS DUE FEBRUARY 8, 2090 BY 5:00 PM
Base Bid Amount.
$ r- C�
!0 .
,L�'L� _
(Dollar Amount in Numbers)
1a� J-) .
t b lIa mount in Words}
Page 2 of 8
1.0 General Conditions
a) Construction activity within 1000 feet on an occupied residence will be allowed Mon. -Fri,
between the hours of 7,30 AM and 7:30 PM and Sat. between 8:30 AM and 5:04 PM
Construction activity more than 1000 feet from an occupied residence will be allowed
Mon.- Fri. between the hours of 7:00 AM and 10:00 PM and Sat. between the hours of
8:30 AM and 6:00 PM.
b) Contractor must notify the City of Milton (678) 242-2500, twenty-four (24) hours prior to
beginning construction.
c) Burial of construction materials is not permitted within the City of Milton. All construction
materials and debris within the work area shall be properly disposed of by the contractor.
d) Contractor shall provide all necessary tools, equipment, labor and materials to perform all
work as defined in the following scope and schedule.
2.0 Erosion and Sediment Control
a) All erosion and sediment control work shall Oe performed in accordance with the
standards provided in the Georgia Manual for Erosion and Sediment Control in Georgia,
latest edition.
b) Provide double row of Type C silt tence along the down slope side of all disturbed areas.
All Barriers shall be in place prior to any land disturbing activities.
c) Silt fences and hay bale barriers shall be cleaned or replaced and maintained in
functional condition until permanent erosion control measures are established. All silt
fences and other temporary measures will be removed by the contractor/developer when
the site is stable.
d) Silt fence fabric shall be comprised of Ga. Department of Transportation qualified
products Section 171, type ..C,,, for silt fence fabric. Type "A" silt fence fabric and
construction may be allowed with prior written approval from the land development
inspector.
e) Temporary vegetation andlor heavy mulch will be used to stabilize areas. In no case
shall a site be left bare for more than fourteen (14) days.
f) No clearing beyond the limits of disturbance shown on the approved plans shall be
allowed without approval.
g) Provide matting, temporary and permanent seeding of alt slope faces.
Page 3 of 8 �r
h} Provide a minimum of M inch of mulching, temporary and permanent seeding of all other
disturbed areas.
3.0 Earthwork
a) ThP area within tho typical grading spction shall he, cleared of all trp.ps, hfush, stumps, logs.
grass roots, vegetable matter. poles, stubs. rubbish. refuse dumps. sawdust piles, and all
other matter resting on or protruding through the original ground surface or appearing or
being placed on the area within the typical grading section before final acceptance of work.
b) All depressions below the ground surface containing water shall be drained, unsuitable
material removed and filled with suitable material and compacted to the ground surface
before the embankment proper is begun. Any area deemed jurisdictional under federat.. state
or local regulations shall obtain required approvals or permits prior to any land disturbing
activities in those areas
c] Sub -grade preparation shall be in accordance with GDOT specifications and these
regulations.
d) if any sections of the sub -grade are composed of topsoil, organic. or other unsuitable or
unstable material, such material shall be removed and replaced with suitable material and
then thoroughly compacted as specified for fill or stabilized with stone or a geo-textile or geo-
grid.
e.) Fill shall be placed in uniform, horizontal layers not more than 8" thick (loose measurement).
Moisture content shall be adjusted as necessary to compact material to 95% maximum
laboratory dry density as determined by AASHTO method T -99-
f) After the earthwork has been completed, all storm drainage, water. and sanitary sewer
utilities have been installed within the right-of-way as appropriate, and the backfill in all such
ditches thoroughly compacted, the sub -grade shall be brought to the lines, grades, and
typical roadway section shown on the pians.
g) Provisions shall be made by the contractor to ensure adequate drainage and prevent
possible damage to the work area.
4.D Paving and Curb and Gutter
a) Paving shall comply with typical section provided herein and shall consist of a minimum of 8"
Class B Concrete topped with 1 Y2" of 9.5 mm SUPERPAVE. Concrete shall be tacked prior
to the placement of asphait (CRSPH_ SSI or A030)
b) All asphalt and curb and gutter shall be saw -cut prior to removal.
c) Curb and gutter shall be Class "A" concrete (as defined by Georgia D.Q.T.) and have a
Mirrirnurn sLrength of 3,000 PSI at 28 days.
Page 4 of 8
d) Typical curb and gutter section shall match the existing curb and gutter (6" x 24" X 12").
e) One-half inch expansion joints or pre -molded bituminous expansion joint material shall be
provided at each tie-in point.
f) Curb and gutter shall be set true to line and grade to ensure proper drainage.
g) Inferior workmanship or unprofessional construction methods resulting in unacceptable curb
and gutter will be cause for rejection of the finished work.
5.0 Utitities
a) The contractor shall be required to coordinate and manage any and all utility locates and/or
relocations within the scope of this project.
6.0 Performance
a) All work performed shall be in accordance City of Milton Subdivision Construction Standards
The contractor will adhere to all current State and Federal construction safety regulations,
including OSHA regulations. The Contractor will conform to MUTCD and the State of Georgia
Department of Transportation standards for traffic control The Contractor must maintain a
safe work zone for their employees, pedestrians, and vehicular transportation All work shall
be inspected and approved by the City of Milton Department of Public Works (MDPW).
7.0 Wetlands and Stream Buffers
a) No work shat! be permitted within any designated wetland or stream buffer area without prior
approval of the City of Milton. Wetland areas and Stream buffers shall be designated by the
0ty of Milton prior to the issuance of a notice to Proceed.
8.0 Schedule
a) Project shall start within 1 week of date of award and be completed in satisfactory manner, as
deemed by MDPUU, within 4 weeks from date of award, with final inspection scheduled within
3 weeks from the date of award.
Page 5 of 8
9.0 Unit Prices
The city shall have the option of exercising any or all of the unit prices listed below at any point in the
project. All unit price amounts shall be items furnished and installed based on the project specified
materials.
Item Number
Description
Unit
Unit Price
1
Suitable Backfill
CY
Material
p
Soil Removal and
CY
Offsite Disposal
LF
3+Saw-CutAsphaIt
4
Saw -Cut Concrete
LF
d�
5
Class S Concrete
�
CY
I tic
f
6
24" Curb and Gutter
LF
7
Temporary Slope
SY
Matting
$
9.5 mrn SU ERPAVE
TN
� 05-
o
C�
Tack Coat (CRS2H,
SS or AC34)
GAL
Qom
1 D
Type C Silt FenceLF7
.
Page 6 of 8
10.0 Typical Details
Page 7 of 8
SITE PLAN - CANTERBURY LN
APPKMMALTE LIPANS TO
SAW CER mD Afmuw
27AVEMFKT AND Uff
SAW CUT
an A—
GLlIiEEt
xENtCB
-F][ im
` fAW CM
EX ni c��
x
APPWK l IMM OF CONSALCM ,+ _ _-E7iLinNG LhVM OF WE nMD AS
F MED BY THE CITY OF MILMN
DO NM ENCS
NEW PAVEMENT SECTION
DMD I-Apl" 93 mm
JUPEVAYE 2' MIN OYBf M
TACE; COAT AS mu ownNG
IEiatfl® BY F$Aw CUT][1511NTa �1TrSPW�LT MIN 2'
$ r ts nm �� PAYEM14 E _ i
24' l3.RiB•
& GLITrEl
mm EAEILY
STyam CONCRETE
Page 8 of 8
\—EUMNG BASE COURSE
1
fry?
EXHIBIT "B"
Bonds
18
THE AMERICAN INSTITUTE OF ARCHITECTS
AJA Document A310
Bid Bard
KNOW ALL MEN BY THESE PRESENTS, that we J.J.E. Constructors, Inc.
as Principal, hereinafter called the Pfincipal, and Berkley Regional insurance Company
a corporation duly organized under the laws of the State of Delaware
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Milton [�- n
as Obligee, hereinafter called the Obligee, in the sum of (2"� - r
Five Percent (576) of Bid--- 4'� _ Dollars
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for Canterbury Leine Cul -de -Sac Repair
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 give such bond or bands as
may be specified in the bidding of Colilrracl Documents with good and sufficient surety for the faithful
performance of such Contract and for the prompt payment of labor and material furnished in the
proseCutian thereof, or in the event of the failure of the Principal to enter such Contract and give such
bond 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 for which the Obligee may
in good faith contract with another party to perform the Work covered by said bid, then this obligation
shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 8th day of February, 2010,
7
J_-J.E. Constructors. Inc.
IP aab l5eu11
I Tule
Berkley Realonal Insurance Cornoan
lSru �'n i rJ'rcalr
�Llcrrgeret l�tei•er:c, ror7re>1•-in-�eer
AIA DO( IJMENT AMM - BID B0`4D - AIAR • FEBRUARY 1771) ED- THE AMERICAN
INS 1'ITLJTE OF ARCHITECT'S. M5 N -Y- AVE— N.W.. WASHINGTON. DC 20006
-No. 198d
POWER OF ATTORNE
BERKLEY REGIONAL INSURANCIPANY
WILMINGTON, DELAWf
NOTICE. The warning found elsewhere in this Power of Attorney affects thv thereof. Please review carefully.
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY RlEGIONzURAItiCE COMPANY (the "Company"), a
corporation duly organized and existing under the laws of the State of Delaaving its principal office in Urbandale, Iowa,
has made, constituted and appointed, and does by these presents make, consti appoint: Richard W. Naylor, Margaret
S Meyers, W. Wesley Hamilton, Jr., Teresa A. Garren, F. Anderson Philbert M Seymour, Johor H. Earl or Lynda L.
Bowling of Graham -Nuylor Rgency, lac. of Marietta, Gil
its true and lawful Attorney -in -Fact, to sign its name as surety only as delbelow and to execute, seal, acknowledge and
deliver any and all bonds and undertakings, with the exception of Financial Glnsurance, providing that no single obligation
shall exceed Fifty Mitlion and 001100 Dollars ($50,000,000.00), to the sarn as if such bonds had been duly executed and
acknowledged by the regularly elected officers of the Company at its principain their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with,vcrnod by, the laws of the State of Delaware,
without giving effect to the principles of conflicts of laves thereof. This Pokttomey is granted pursuant to the following
resolutions whish were duly and validly adopted at a meeting of the Board ofrs of the Company held on August 21, 2000:
"RESOLVED, that the proper officers of the Company are hereby autha execute powers of attorney authorizing and
qualifying the attorney-in-fact named therein to execute bonds, undertakii-puzances, or other suretyship obligations ora
behalf of the Company, and to affix the corporate seal of the Company of attorney executed pursuant hereto; and
further
RESOLVED, that such power of attoniey hunts the acts of Close :rained a the bonds, undertakings, recognizances, or
other suretyship obligations specifically named therein, and they have no - to bind the Company except in the manner
and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers -n behalf of the attorney-in-fact named; and
Rather I
RESOLVED, that dic sig,tature of any authorized officer and the seal of th ny may be affixed by facsimile to any power
of attorney or certification thereof authorizing the execution and delivet ' bond, undertaking, recognizance, or other
suretyship obligation of the Company. and such signature and seal when s+ all have the same fnrre and effect as though
manually affixed. The Company may continue to use for the purposes h [ed the facsimile sigatature of any person or
persons who shall have been such officer or officers of the Company, note ing the fact that they may have ceased to be
such at the time when such instruments shall be issued."
IN Wl [NESS WHEREOF, the Company has caused these presents to be
corporate seal hereunto affixed this _ day of 12009.
Attest: Ber
(Seal) fly By
Ira S. Ledemnan
Senior Vice president & Secretary
WARNING: THIS POWER INVALID IF NOT PRI NINTED ON t3l.lT
STATE OF CONNECTICUT)
) ss:
COUNTV OF FAIRFIELD )
Sworn to beforc me, a Notary Public ill the State of Cunilel'ticUt, this d:
S. Lederman who are sworn to me to he the Senior Vice President, and the
Berkley Regional Insurance Company.
r
attested by its appropriate officers and its
Insurance Company
President
SECURITY PAPER.
2009, by Robert P. Cole and Ira
President and Secretary, respectively, of
Neta State of Connecticut
CERTIFICATE
1„ the undersigned, Assistant Secretary of BERKLEY REGIONAL 1NSUPJ
foregoing is a true, correct and camplete ropy of the urigittal PUweI of At tor
or rescinded and that the authority of the Attorney -in -Fact set forth therein,
Power of Attorney is attached, is in full force and effect as of this -dale.
(hVCia under my hand and seal of tate Company, this day of.
(.Seal)
ANY, DO HEREBY CERTIFY that the
Power of Attorney has not been revoked
d the bond or undertaking to which this
EXHIBIT "C"
STATE OF GEORGIA
CITY OF MILTON
CONTRACTOR..AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. §
13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with
the City of Milton has registered with and is participating in a federal work authorization
program, in accordance with the applicability provisions and deadlines established in O.C. G.A. §
13-10-91.
`rhe undersigned further agrees that, should it employ or contract with any subcontractor(s) in
connection with the physical performance of services pursuant to this contract with the City of
Milton, contractor will secure from such subcontractor(s) similar verification of compliance with
O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form
attached hereto as Exhibit "D." Contractor further agrees to maintain records of such
compliance and provide a copy of each such verification to the City of Milton at the time the
subcontractor(s) is retained to perform such service.
EEV / B rj,
grain User Identification Number
-
BY: thori icer or Agent Date
J. ' . Constructors, Inc.
Title of Authorized Officer or Agent of Contractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
'dEli RE ME ON THIS THE
DAY OF f`t�,k . 201-D
Notary Public
My Commission Expires:
19
STATE OF GEC
CITY OF MILT,
k-
EXHIBIT"D"
CONTRACTOR AFFIDAVIT
By executing this lersigned subcontractor verifies its compliance with O_C.G.A.
§ 13-10-91, statimat the individual, firm or corporation which is engaged in the
physical performander a contract with (name of contractor) on behalf of the City
of Milton has regi; participating in a federal work authorization program, in
accordance with Provisions and deadlines established in O.C.G.A. § 13-10-91.
.................
EEV d Basic Pilotentification Number
BY. Authorized Oate
(Subcontractor N(
.I.itle of Authorizent of Subcontractor
Printed Name of er or Agent
SUBSCRIBED A
BEFORE ME or
DAY OF , 201_
Notary Public
My Commission
IT]
EXHIBIT "E"
Key Personnel
C. L. 6"7&0 7�jo- �s3- 3D�7
21
Proclamation
ARBOR DAY
WHEREAS, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day
be set aside for the planting of trees; and
Whereas, This holiday called Arbor day, was first observed with the planting of more than a million trees
in Nebraska; and
Whereas, Arbor Day is now observed throughout the nation and the world; and
Whereas, the Tree City USA program sponsored by the National Arbor Day Foundation, provides
direction, technical assistance, public attention, and national recognition for urban and
community forestry programs in thousands of towns and cities that more than 93 million
Americans call home; and
Whereas, The City of Milton has been recognized as a Tree City in 2010; and
Whereas, trees are among Milton’s most beautiful natural resources and bestow fine opportunities for
aesthetic appreciation and are indispensible to our ecology as providers of wildlife habitat,
erosion control, air filters, moderators of temperature and noise inhibitors; and
Whereas, as citizens of Milton, we enjoy the beauty and benefits of our natural environment which
increases property values, enhances the economic vitality of business areas; and
Whereas, it is the responsibility of each of us to safeguard the environment and make choices that have a
positive impact on our environment and the world in which we live; and
Whereas, the City of Milton and our citizens are committed to the observation and stewardship of our
natural resources; and
Now, Therefore, we, the mayor and council of the City of Milton hereby recognize and proclaim the
third Saturday in March as Milton Arbor Day and urge all citizens to support
efforts to protect our trees and our environment and make Milton an even greater place to live,
work, and raise a family, and
Further, we urge all citizens to plant trees to gladden the heart and promote the well-being of this and
future generation.
Given under my hand and Seal of the City of Milton, Georgia on this 15th day of March, 2010.
______________________________________
Joe Lockwood, Mayor
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
1
To: Honorable Mayor and City Council Members
From: Lynn Tully, AICP, Community Development Director
Date: March 4, 2010, for Submission onto the March 8, 2010, City Council
Work Session (First Presentation March 15, 2010)
Agenda Item: Text Amendment to add Article 13, “Historic Preservation” to the City of Milton
Zoning Ordinance, RZ09-04
CMO (City Manager’s Office) Recommendation:
The Mayor and City Council to hear and approve the attached text amendment, Article 13,
“Historic Preservation” of the City of Milton Zoning Ordinance.
Background:
In 2007, a passionate group of residents presented to the Community Development Department
a draft ordinance for the creation of a Historic Preservation Commission (HPC) to help preserve
the sites catalogued by the Georgia Department of Natural Resources and Fulton County in a
1996 survey. The Mayor and City Council established the Historic Preservation Committee in
December of 2008 to develop an ordinance, along with Staff, to preserve Milton‟s historic
resources.
After review by the City Attorney, Staff presented the Ordinance to the Mayor and City Council
at the August 10, 2009 Work Session. At the meeting, there was extensive discussion about the
Prior Use Incentive and how it would affect the potential sites and adjacent property‟s future
land use. The majority of the Mayor and City Council requested that the Ordinance be reviewed
by the Design Review Board and go before the Planning Commission for their review prior to
the Mayor and City Council‟s vote on September 21, 2009. The Mayor and City Council deferred
the item at the September 21st and October 19th meetings.
The Planning Commission discussed the draft Ordinance, and made recommendations at two
meetings-- on September 22 and a special called meeting on September 29. The discussions
and recommendations occurred with four of the HPC members present at both meetings. Staff
notes that the Planning Commission had specific legal questions for the City Attorney review;
these were addressed.
The Planning Commission reviewed the Ordinance on October 27th, and again on November
18th. The Planning Commission recommended that the Ordinance be forwarded to the Mayor
and Council for the December 21st meeting. The item was administratively withdrawn from the
agenda prior to the Council meeting to allow the HPC to review the Planning Commission
changes.
The HPC met on January 12, 2010, and discussed the changes suggested by the Planning
Commission. The members indentified six areas of concern. They felt that these items should
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
2
be brought before the HPC for a vote to decide whether or not they should be revised or re-
inserted into the final draft. Comments on the areas in question included the following:
1. Incentives/rewards—The Ordinance does not offer anything in the way of incentives.
Members agreed that actual incentives should be created by the City Council. They
suggested adding language to indicate that the HPC‟s powers would include making
recommendations to the City Council for incentives, as necessary.
2. Penalties—Members did not like the tone of the Ordinance as revised. Penalties (with
no incentives) make up a large portion of the revised Ordinance. Members agreed to
leave the Penalties section, as suggested by the Planning Commission, unchanged.
3. Historic District—Members felt that including provisions for a Historic District is an
important element of the Ordinance. Once enough structures in a certain area have
been declared historic, the City should have the option of incorporating a Historic
District. Members wanted to change language back to what was originally agreed to by
the HPC.
4. Appointment/Terms—Members felt that part of this section is redundant. The following
should be removed: “HPC members and ex-officio members shall serve terms as
appointed by the Mayor and City Council.”
5. Property owner‟s approval—Members felt that the City Council should have the ability to
nominate a property as Historic without the property owner‟s approval. This ability is
supported by the State model. In particular, this language will provide protection for
structures that the City feels should not be demolished. This language will be added
back to the Ordinance, as written in the State Model Ordinance. Language about the
appeals process and undue hardship for the property owner will also be added.
Also, some of the HPC members were concerned that the language regarding the limitations on
use in the Prior Use Incentive section was not strong enough. There was concern that this
allowance would create spot zoning and open a property up for unlimited commercial uses.
Members present felt that the City Council should at least have the option of considering this
incentive.
Unfortunately, a quorum was not present for this meeting, and the Committee was unable to
vote on the changes. The HPC met again on the 9th of February, and reviewed the changes as
incorporated by Staff. The HPC removed the Prior Use section and replaced it with a proposal
for rezoning to a new „Historic‟ zoning district for properties that meet prior use criteria. This
rezoning option would follow the standard process for rezoning, as set forth in the City of Milton
Zoning Ordinance.
At the March 3rd meeting, the Historic Preservation Committee reviewed Staff‟s chang es, and
approved the final draft of the Ordinance.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
3
Discussion:
The HPC and Staff worked over several months to create the Historic Preservation Ordinance,
which is a based on the State model ordinance. The Ordinance establishes the criteria and
process for how a property and/or district may be designated as historic. The language and
structure of the Ordinance is established by the Georgia Historic Preservation Act and regulated
by the Georgia Historic Preservation Division. Once this Historic Preservation Ordinance is
adopted, a local Historic Preservation Commission may be created by the Mayor and City
Council.
Originally, the HPC recommended including a Prior Use Incentive section, which was not
included in the state model ordinance. The purpose of the Prior Use Incentive is to increase the
potential for use of historic properties in the AG-1 zoning district that previously had a non-
residential use, provided the historic structure was lawful during its prior operation. The benefit
of this Prior Use Incentive was to make preservation more attractive to owners of a historic
property because it provides flexibility and economic opportunities. At their meetings, the Design
Review Board and the Planning Commission recommended the deletion of the Prior Use
Incentive. The HPC has since removed this section, and replaced it with an option for rezoning
to a new „Historic‟ zoning district.
The Ordinance will alter the authority of the existing Design Review Board in the (DRB)
following manner: 1) Apply new historical design guidelines to ALL contributory structures
including single-family residential. 2) Place authority to regulate contributory structures under
jurisdiction of HPC which will be comprised of experts and enthusiasts. 3) The DRB will continue
to review plans for non-residential development of non-contributory structures in the Overlay
Districts.
When the Historic Preservation Ordinance is adopted, the next step is for the Historic
Preservation Commission to be appointed by the Mayor and City Council. Once the Historic
Preservation Commission is created, they would develop the Historic District Design Guidelines,
and conduct a public hearing for comments on the design guidelines. The Mayor and City
Council would then approve the Design Guidelines and at that time the Historic Preservation
Commission would begin the process of nominating properties/districts for historic designation.
The Planning Commission recommended that one member of the DRB be selected by the DRB
to serve as one of the three ex-officio members of the Historic Planning Commission. It was the
Planning Commission‟s opinion that by having a DRB member involved it will provide additional
support to the Historic Planning Commission. The HPC has adopted this suggestion.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer the Text Amendment to add
Article 13, “Historic Preservation” to the City of Milton Zoning Ordinance.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
4
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO.
AN ORDINANCE TO CREATE ARTICLE 13 OF THE CITY OF MILTON
ZONING ORDINANCE; TO ESTABLISH A HISTORIC PRESREVATION
COMMISSION IN THE CITY OF MILTON TO PROVIDE FOR DESIGNATION
OF HISTORIC PROPERTIES; TO PROVIDE FOR ISSUANCE OF
CERTIFICATES OF APPROPRIATENESS; TO PROVIDE FOR AN APPEALS
PROCEDURE; TO REPEAL CONFLICTING ORDINANCES; AND FOR
OTHER PURPOSES.
WHEREAS, in 2007, a passionate group of residents presented to the Community
Development Department a draft ordinance for the creation of a Historic Preservation
Commission to help preserve the sites catalogued by the Georgia Department of Natural
Resources and Fulton County in 1996; and
WHEREAS, since that time, the Mayor and City Council established the Historic
Preservation Committee in December of 2008 to develop an ordinance along with Staff to
preserve Milton’s historic resources; and
WHEREAS, the Historic Preservation Committee worked alongside the City of Milton
Planning Commission and Staff to present the Historic Preservation Ordinance to the
Mayor and City Council to be adopted into the City of Milton Zoning Ordinance as
Article 13.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly
called council meeting on______________, 2010 at 6:00 p.m. as follows:
SECTION 1. In support and furtherance of its findings and determination that the
historical, cultural, and aesthetic heritage of the City of Milton, Georgia is among its
most valued and important assets and that the preservation of this heritage is essential to
the promotion of the health, prosperity, and general welfare of the people, and;
SECTION 2. In order to maintain historic structures and to protect and enhance local
historical and aesthetic attractions to residents and tourists and thereby promote and
stimulate business;
In order to enhance the opportunities for federal or state tax benefits under relevant
provisions of federal or state law, and;
SECTION 3. In order to provide for designation, protection, preservation, and
rehabilitation of historic properties and to participate in federal or state programs to do
the same, and;
SECTION 4. The Milton City Council, Milton, Georgia hereby declares it to be the
purpose and intent of this Ordinance to establish a uniform procedure for use in providing
for the identification, protection, enhancement, perpetuation, and use of places,
properties, sites, buildings, structures, objects, and landscape features having special
historical, cultural, archeological, or aesthetic interest or value, in accordance with the
provisions of the Ordinance.
SECTION 5. In the event the provisions of this Ordinance are in conflict with the
provisions of any other City of Milton Ordinance, the provisions of this Ordinance shall
prevail.
SECTION 6. That this Ordinance will be known as “Historic Preservation” Article 13 of
the City of Milton Zoning Ordinance hereby adopted and approved; and is attached
hereto as if fully set forth herein; and,
SECTION 7. This Ordinance is effective __________________;
ORDAINED this the _____ day of March, 2010.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
_________________________________
Sudie AM Gordon, Interim City Clerk
(Seal)
ORDINANCE
Section I
Purpose
In support and furtherance of its findings and determination that the historical, cultural,
and aesthetic heritage of the City of Milton, Georgia is among its most valued and
important assets and that the preservation of this heritage is essential to the promotion
of the health, prosperity, and general welfare of the people;
In order to maintain the historic business districts and neighborhoods and to protect and
enhance local historical and aesthetic attractions to residents and tourists and thereby
promote and stimulate business;
In order to enhance the opportunities for federal or state tax benefits under relevant
provisions of federal or state law; and
In order to provide for designation, protection, preservation, and rehabilitation of historic
properties and historic districts and to participate in federal or state programs to do the
same;
The Mayor and City Council, Milton, Georgia hereby declares it to be the purpose and
intent of this Ordinance to establish a uniform procedure for use in providing f or the
identification, protection, enhancement, perpetuation, and use of places, districts, sites,
buildings, structures, objects, and landscape features having special historical, cultural,
archeological, or aesthetic interest or value, in accordance with the provisions of the
Ordinance.
Section II
Definitions
A. “Application for Designation” – A formal request in writing in a form specified by
the Historic Preservation Commission (HPC)that the HPC consider a property or
district for possible designation as a historic property or historic district.
B. “Building” - Any structure with a roof, designed or built for the support, enclosure,
shelter, or protection of persons, animals, chattels, or property of any kind.
C. “Certificate of Appropriateness” – A document evidencing approval by the Historic
Preservation Commission of an application to make a material change in the
appearance of a designated historic property or of a property located within a
designated historic district.
D. “Designation” – A decision by the City of Milton to designate a property or district
as a “historic property” or as a “historic district” and thereafter prohibit all material
change in appearance of such property or within such district prior to the issuance
of a certificate of appropriateness by the preservation commission of the City of
Milton.
E. “Exterior Architectural Features” – The architectural style, general design, and
general arrangement of the exterior of a building, structure, or object, including but
not limited to the kind or texture of the building material and the type and style of
all windows, doors, signs, and other appurtenant architectural fixtures, features,
details, or elements relative to the foregoing.
F. “Exterior Environmental Features” – All aspects of the landscape or the
development of a site which affect the historical character of the property. Paint
color will not be regulated by this Ordinance.
G. “Historic District” – A geographically definable area, possessing a significant
concentration, linkage, or continuity of sites, buildings, structures, or objects
united by past events or aesthetically by plan or physical development. A district
may also comprise individual elements separated geographically but linked by
association or history. A Historic District shall further mean an area designated by
the Mayor and City Council as a Historic District pursuant to the criteria
established in Section IVB of this Ordinance.
H. “Historic Property” – An individual building, structure, site, or object designated by
the Mayor and City Council as a Historic Property pursuant to the criteria
established in Section IV C of this Ordinance.
I. “Material Change in Appearance” – A change that will affect the exterior
architectural, aesthetic, or environmental features of a historic property or any
building, structure, site, object, or landscape feature within a historic district, such
as:
1. A reconstruction or alteration of the size, shape, or façade of a historic
property, including but not limited to, relocation of any doors or windows
or removal or alteration of any architectural features, details, or elements;
2. Demolition or relocation of a historic structure;
3. Commencement of excavation for construction purposes;
4. A change in the location or removal of advertising visible from the public
right-of-way;
5. The erection, alteration, restoration, or removal of any buildings or other
structures within a historic property or district, including but not limited to,
walls, fences, steps and pavements, or other appurtenant features.
J. “Object” – A material thing of functional, aesthetic, cultural, historical, or scientific
value that may be, by nature or design, movable yet related to a specific setting or
environment.
K. “Site” – The location of a significant event, a prehistoric or historical occupation or
activity, or a building or structure, whether standing, ruined, or vanished where the
location itself maintains historical or archeological value regardless of the value of
any existing structure.
L. “Structure” – A work made up of interdependent and inter-related parts in a
definite pattern of organization. A man-made object; it may be large or small in
scale.
Section III
Creation of a Historic Preservation Commission
A. Creation of the Commission.
There is hereby created a commission whose title shall be “MILTON HISTORIC
PRESERVATION COMMISSION” (hereinafter “HPC”).
B. Commission Position within the City of Milton.
The HPC shall be part of the planning functions of the City of Milton.
C. HPC Members: Numbers, Appointment, Terms, and Compensation.
The HPC shall consist of seven (7) members appointed by the Mayor and City
Council. Their terms shall be concurrent with the terms of their appointing Council
member. All members shall be residents of the City of Milton and shall be persons who
have demonstrated special interest, experience, or education in history, architectural
history, or the preservation of historic resources. Each appointee may reside anywhere
within the City and shall not be bound to a Councilperson‟s respective council district.
One Member of the Design Review Board (DRB), as designated by the DRB,
shall serve as an ex-officio member of the HPC.
In addition, two (2) ex-officio members may be appointed by majority vote to the
HPC who do not own property in the City limits, and who are not residents of the City of
Milton, but have expressed interest in the surrounding communities and are regarded as
valuable sources of information by consensus of the official members of the HPC.
Ex-officio members of the HPC shall not have voting rights, shall not hold office
in the HPC, and shall not be counted for the purpose of determining whether a quorum
of members exists at any HPC meeting. These ex-officio members shall serve at the
discretion of the HPC.
To the extent available in the City of Milton, at least one (1) HPC member shall
be appointed from among professionals in the disciplines of architecture, history,
architectural history, planning, archeology, building construction, real property appraisal,
or related professions.
D. HPC members shall not receive a salary, although they may be reimbursed for
expenses with the prior approval of the City Manager.
E. Statement of the HPC‟s Powers.
The HPC shall be authorized to:
1. Prepare and maintain an inventory of all property within the City of Milton
having the potential for designation as historic;
2. Recommend to the Mayor and City Council specific districts, sites, buildings,
structures, or objects to be designated by ordinance as a historic property or
historic district;
3. Recommend to the Mayor and City Council specific historic properties to be
considered for rezoning (to Historic) based on the prior use of those
properties;
4. Review applications for Certificates of Appropriateness, and grant or deny
same in accordance with the provisions of this Ordinance;
5. Recommend to the Mayor and City Council any designation of a district, site,
building, structure, or object as a historic property or historic district, be
revoked or removed;
6. Restore or preserve any historic properties acquired by the City of Milton;
7. Promote the acquisition, by the City of Milton, of façade easements and
conservation easements as appropriate, in accordance with the provisions of
the Georgia Uniform Conservation Easement Act of 1992 (O.C.G.A. § 44-
10.1 through 5);
8. Conduct educational programs on historic properties located within the City of
Milton and general historic preservation activities;
9. Make such investigations and studies of matters relating to historic
preservation including consultation with historic preservation experts, as the
Mayor and City Council or the HPC itself may, from time to time, deem
necessary or appropriate for the purposes of preserving historic resources;
10. Research local, state, federal, or private funds for historic preservation, and
make recommendations to the Mayor and City Council concerning the most
appropriate use of any funds acquired;
11. Recommend to the Mayor and City Council possible incentive programs for
their review.
12. Submit to the Historic Preservation Division of the Georgia Department of
Natural Resources a list of designated historic properties or historic districts;
13. Perform historic preservation activities as the official agency of the Milton
historic preservation program;
14. Employ persons with professional expertise, to carry out specific tasks, as
needed.
15. Receive donations, grants, funds, or gifts of historic property and acquire and
sell historic properties, with the consent of the Mayor and City Council.
Donations, grants, funds, or gifts shall be accepted only if such acceptance
does not violate the City of Milton Code of Ethics.
16. Review and make comments to the Historic Preservation Division of the
Georgia Department of Natural Resources concerning the nomination of
properties within its jurisdiction to the National Register of Historic Places;
17. Participate in private, state, and federal historic preservation programs and
with the consent of the Mayor and City Council enter into agreements to do
the same; and
18. Recommend to the Mayor and City Council such sites, buildings, structures,
or objects that shall be considered a “Historical Site of Interest” and by Mayor
and City Council resolution shall adopt such designation. The Mayor and City
Council will provide an appropriate historical marker to be displayed at the
designated site.
E. HPC‟s Power to Adopt Rules and Standards.
The HPC shall adopt rules and standard for the transaction of business and for
consideration of applications for designations and Certificates of Appropriateness, such
as By-Laws, and design guidelines. The HPC shall have the flexibility to adopt rules and
standards without amendment to this Ordinance. The HPC shall provide for the time
and place of regular meetings and a method for the calling of special meetings. The
HPC shall select such officers as it deems appropriate from among its members. A
quorum shall consist of a majority of these members. All rules shall be approved by the
Mayor and City Council before going into use.
F. Conflict of Interest.
The HPC shall be subject to all conflict of interest laws set forth in the Georgia
statutes and in the City of Milton Charter.
G. HPC‟s Authority to Receive Funding from Various Sources.
The HPC shall have the authority to accept donations and shall ensure that these
funds do not displace appropriated governmental funds. Donations shall be accepted
only if such acceptance does not violate the City of Milton Code of Ethics.
H. Records of HPC Meetings.
A public record shall be kept of the HPC‟s resolutions, proceedings, and actions.
The HPC will report to the Mayor and City Council on a regular and timely basis.
Section IV
Recommendation and Designation of Historic Districts and Properties
A. Preliminary Research by HPC.
1. HPC‟s Mandate to Conduct a Survey of Local Historical Resources: The
HPC shall compile and collect information on historic resources within the
City of Milton. Records shall be stored in the City of Milton storage area.
2. HPC‟s Power to Recommend Districts and Buildings to the Mayor and City
Council for Designation:
The HPC shall present to the Mayor and City Council recommendations
for historic districts and properties.
The HPC shall present to the Mayor and City Council recommendations
for properties for possible rezoning to Historic (H), based on prior use.
3. HPC‟s Documentation of Proposed Designation:
Prior to the HPC‟s recommendation to the Mayor and City Council of a property
or district for historic designation, Mayor and City Council, the Commission shall
prepare a Report for Nomination consisting of:
a. A detailed physical description of the proposed historic property or
historic district; and
b. A statement of the historical, cultural, architectural, and/or aesthetic
significance of the proposed historic property or historic district; and
c. A map showing district boundaries and classification (i.e. contributing,
non-contributing) of individual properties therein, or showing boundaries
of individual properties; and
d. A statement justifying the boundaries of the proposed property or
district; and
e. Representative photographs of the proposed property or district.
B. Designation of a Historic District.
1. Criteria for Selection of Historic Districts: A historic district is a geographically
definable area, possessing a significant concentration, linkage, or continuity of
sites, buildings, structures, or objects united by past events or aesthetically by
plan or physical development. A district may also comprise individual elements
separated geographically but linked by association or history. A Historic District
is deemed worthy of preservation by reason of value to the Nation, the State of
Georgia, or the City of Milton for one or more of the following reasons:
a. It is an outstanding example of structures representative of its era;
b. It contains the few remaining examples of a past architectural style or
type over fifty (50) years old;
c. It is a place associated with an event or persons of historic or cultural
significance to the City of Milton, State of Georgia, or the region;
d. It is the site of natural, archeological, or aesthetic interest that is
continuing to contribute to the cultural or historical development and
heritage of the municipality, county, state, or region.
2. Boundaries of a Historic District: Boundaries of a Historic District shall be
included in the separate ordinances designating such districts and shall be
shown on the Official Zoning Map of the City of Milton, Georgia.
3. Evaluation of Properties with Historic Districts: Individual properties within
historic districts shall be classified as:
a. Contributing (contributes to the district); or
b. Non-Contributing (Does not contribute to the district as provided for in
B. 1).
C. Designation of Historic Property.
1. Criteria for Selection of Historic Properties: An individual building, structure,
site, or object deemed worthy of preservation by reason of value to the Nation,
the State of Georgia, or the City of Milton for one or more of the following
reasons:
a. It is an outstanding example of a structure representative of its era;
b. It is one of the few remaining examples of a past architectural style or
type over fifty (50) years old;
c. It is a place or structure associated with an event or persons of historic
or cultural significance to the City of Milton, State of Georgia, or the
region; or
d. It is the site of natural, archeological, or aesthetic interest that
contributes to the cultural or historical development and heritage of the
municipality, county, state, or region.
2. No building, structure, site or object shall be eligible to be designated as a
Historic Property unless it existed on the same property since the incorporation of
the City of Milton.
D. „Historic‟ (H) Zoning Designation
1. Purpose: This base zoning designation allows for a historic property to be
used, protected, renovated and preserved. It would allow a specific, previous
use to continue in a structure where that use would currently be considered
non-conforming.
2. Approval process:
a. Nomination per Section IV.E.1; followed by approval of the City of
Milton Historic Preservation Commission;
b. The property owner shall follow the process for rezoning as
established by Article 28 of the Zoning Ordinance.
E. Requirement for Adopting an Ordinance for the Designation of Historic Districts
and Historic Properties.
1. Application for Designation of Historic Districts or Properties:
Designations may be proposed to the HPC, by the Mayor and City
Council, a HPC member, or:
a. for historic districts - a historical society, neighborhood
association, or the owners of a group of properties;
b. for historic properties - a historical society, neighborhood
association, or the property owner;
c. for Historic zoning designation- a historical society,
neighborhood association, or the property owner.
2. Required Components of a Designation Ordinance: Any ordinance
designating any property or district as historic shall:
a. list each property in a proposed historic district or describe the
proposed individual historic property;
b. set forth the name(s) of the owner(s) of the designated property
or properties;
c. require that a Certificate of Appropriateness be obtained from
the HPC prior to any material change in appearance of the
designated property; and
d. require that the property or district be shown on the Official
Zoning Map of the City of Milton, Georgia and kept as a public
record to provide notice of such designation.
3. Require Public Hearings: The HPC and the Mayor and City Council shall hold
a public hearing on any proposed ordinance for the designation of any historic
district or property. Notice of the hearing shall be published in at least three (3)
consecutive issues of the principal newspaper of local circulation, and written
notice of the hearing shall be mailed not less than ten (10) or more than twenty
(20) days prior to the date set for the public hearing. A notice sent via the United
States mail to the last-known owner of the property shown on the City of Milton
tax digest and a notice sent via attention of the occupant shall constitute legal
notification to the owner(s) and occupants under this Ordinance.
4. Notification of Historic Preservation Division: No less than thirty (30) days prior
to making a recommendation on any ordinance designating a property or district
as historic, the HPC must submit the report, required in Section IV A. 3, to the
Historic Preservation Division of the Department of Natural Resources.
5. Recommendations on Proposed Designations: A recommendation to affirm,
modify or withdraw the proposed ordinance for designation shall be made by the
HPC within fifteen (15) days following the Public Hearing and shall be in the form
of a resolution to the Mayor and City Council.
6. Mayor and City Council Action on the HPC‟s Recommendation: Following
receipt of the HPC‟s recommendation, the Mayor and City Council may adopt the
resolution as proposed, may adopt the resolution with any amendments it deems
necessary, may defer the resolution until the next meeting, or reject the
resolution.
7. Notification of Adoption of Ordinance for Designation: Within thirty (30) days
following the adoption of the Ordinance for Designation by the Mayor and City
Council, the owner(s) and occupants of each designated historic property, and
the owner(s) and occupants of each building, structure, or site located within a
designated historic district, shall be given written notification of such designation
by the Mayor and City Council. This notice shall apprise said owner(s) and
occupants of the necessity of obtaining a Certificate of Appropriateness prior to
undertaking any material change in appearance of the historic property
designated or within the historic district designated. A notice sent via the United
States mail to the last-known owner(s) of the property shown on the City of Milton
tax digest and a notice sent via United States mail to the address of the property
to the attention of the occupant shall constitute legal notification to the owner (s)
and occupant under this Ordinance.
8. Notification of Other Agencies Regarding Designation: The HPC shall notify all
necessary agencies within the City of Milton of the Ordinance of Designation.
9. Moratorium on Applications for Alteration or Demolition While Ordinance for
Designation is pending: If an Ordinance for Designation is being considered, the
HPC shall notify the permitting division of the Community Development
Department. No permit of any kind shall be issued for work which would
constitute a material change in the appearance of a structure, site, or
landscaping within the designated area until the proposed Ordinance is enacted
or rejected by the Mayor and City Council. The HPC must propose an Ordinance
of Designation to the Mayor and City Council no more than 60 days after the
permitting division denies a building permit based on the moratorium.
Section V
Application to Historic Preservation Commission for Certificate of Appropriateness
A. Approval of Material Change in Appearance in Historic Districts or Involving Historic
Properties.
After the designation by ordinance of a historic property or of a historic district, no
material change in the appearance of such historic property, or of a contributing or non-
contributing building, structure, site or object within such historic district, shall be made
or be permitted to be made by the owner or occupant thereof unless or until the
application for a Certificate of Appropriateness has been submitted to and approved by
the Commission. No building permit shall be issued without a Certificate of
Appropriateness.
A certificate of appropriateness shall be required before construction can begin,
even in cases where a building permit is not required.
B. Submission of Plans to HPC.
An Application for a Certificate of Appropriateness shall be accompanied by
drawings, photographs, plans and documentation required by the HPC.
C. Interior Alterations.
In its review of applications for Certificates of Appropriateness, the HPC shall not
consider interior arrangement or use, which has no effect on exterior architectural
features.
D. Technical Advice.
The HPC shall have the power to seek technical advice from outside its
members on any application.
E. Public Hearings on Applications for Certificates of Appropriateness, Notices, and
Right to be Heard.
The HPC shall hold a public hearing at which each proposed Certificate of
Appropriateness is discussed. Notice of the hearing shall be published in the principal
newspaper of local circulation in the City, and written notice of the hearing shall be made
by the HPC to all owners and occupants of the subject property. The written and
published notice shall be provided in the same manner and time frame as notices are
provided before a Public Hearing for Rezoning (Article 29, City of Milton Zoning
Ordinance).
The HPC shall give the property owner(s) and/or applicant an opportunity to be
heard at the Certificate of Appropriateness hearing.
F. Acceptable HPC Reaction to the Applications for Certificates of Appropriateness.
HPC Action: The HPC may approve the Certificate of Appropriateness as
proposed, approve the Certificate of Appropriateness with any modifications it deems
necessary, defer the Certificate of Appropriateness until the next meeting, or reject it.
1. The HPC shall approve the application and issue a Certificate of
Appropriateness if it finds that the proposed material change(s) in the
appearance would not have a substantial adverse effect on the aesthetic,
historic, or architectural significance and value of the historic property or the
historic district. In making this determination, the HPC shall consider, in addition
to any other pertinent factors, the following criteria for each of the following acts:
a. Reconstruction, Alteration, New Construction or Renovation:
The HPC shall issue Certificates of Appropriateness for the above
proposed actions if those actions conform in design, scale, building
material, setback and site features and to the Secretary of the Interior‟s
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings.
b. Relocation:
A decision by the HPC approving or denying a Certificate of
Appropriateness for the relocation of a building, structure, or object shall
be guided by:
1. The historic character and aesthetic interest of the building,
structure, or object contributes to its present setting;
2. Whether there are definite plans for the area to be vacated and
what the effect of those plans on the character of the surrounding
area will be;
3. Whether the building, structure, or object can be moved without
significant damage to its physical integrity;
4. Whether the proposed relocation area is compatible with the
historical and architectural character of the building, structure,
site, or object.
c. Demolition:
A decision by the HPC approving or denying a Certificate of
Appropriateness for the demolition of buildings, structures, sites, or
objects shall be guided by:
1. The historic, scenic, or architectural significance of the building,
structure, site, or object;
2. The importance of the building, structure, site, or object to the
ambiance of the district;
3. The difficulty or impossibility of reproducing such a building,
structure, site, or object because of its design, texture, material,
detail, or unique location;
4. Whether the building, structure, site, or object is one of the last
remaining examples of its kind in the neighborhood or the City;
5. Whether there are definite plans for use of the property if the
proposed demolition is carried out, and what the effect of those
plans on the character of the surrounding area would be;
6. Whether reasonable measures can be taken to save the
building, structure, site, or object from collapse;
7. Whether the building, structure, site, or object is capable of
earning reasonable economic return on its value.
G. Deadline for Approval or Rejection of Application for Certificate of Appropriateness.
1. The HPC shall approve or reject an application for a Certificate of
Appropriateness within forty-five (45) days after the filing thereof by the owner(s)
or occupants of a historic property, or of a building, structure, site, or object
located within a historic district. Evidence of approval shall be by a Certificate of
Appropriateness issued by the HPC. Notice of the issuance or denial of a
Certificate of Appropriateness shall be sent by United States mail to the
applicant and all other persons who have requested such notice in writing filed
with the HPC.
2. Should the HPC fail to approve or reject an Application for Certificate of
Appropriateness within said forty-five (45) days, the application for will be sent to
the Mayor and City Council for a vote without comment by the HPC.
H. Necessary Action to be Taken by the HPC upon Rejection of Application for
Certificate of Appropriateness.
1. In the event that the HPC rejects an application, it shall state its reasons for
doing so, and shall transmit a record of such actions and reasons, in writing, to
the applicant. The HPC may suggest alternative courses of action it thinks
proper if it disapproves of the application submitted. The applicant, if he or she
so desires, may make modifications to the plans and may resubmit the
application at any time after making said modifications.
2. In cases where the application covers a material change in the appearance of
a structure which would require the issuance of a building permit, the rejection of
the application for a Certificate of Appropriateness by the HPC shall be binding
upon the building inspector or other administrative officer charged with issuing
building permits and, in such a case, no building permit shall be issued.
I. Requirement of Conformance with Certificate of Appropriateness.
1. All work performed pursuant to an issued Certificate of Appropriateness shall
conform to the requirements of such certificate. In the event work is performed
that is not in accordance with such Certificate, the City of Milton shall issue a
stop work order, and all work shall cease.
2. The Mayor and City Council or the HPC shall be authorized to institute any
appropriate action or proceeding in a court of competent jurisdiction to prevent
any material change in appearance of a designated historic property or historic
district, except those changes made in compliance with the provisions of this
Ordinance or to prevent any illegal act or conduct with respect to such historic
property or historic district.
J. Certificate of Appropriateness Void if Construction not Commenced.
1. A Certificate of Appropriateness shall become void unless construction is
commenced within six (6) months of date of issuance.
2. Certificates of Appropriateness shall be issued for a period of eighteen (18)
months and are renewable.
K. Recording an Application for Certificate of Appropriateness.
The HPC shall keep a public record of all applications for Certificate of
Appropriateness, and of all the Commission‟s proceedings in connection with said
application. These records shall be maintained at City Hall.
L. Acquisition of Property.
The HPC may, where such action is authorized by the Mayor and City Council
and is reasonable, necessary, or appropriate for the preservation of a unique historic
property, enter into negotiations with the owner(s) for the acquisition by gift, purchase,
exchange, or otherwise, of the property or any interest therein.
M. Undue Hardship
When, be reason of unusual circumstances, the strict application of any
provision of this Ordinance would result in the exceptional practical difficulty or undue
economic hardship upon any owner of a specific property, the HPC, in passing upon
applications, shall have the power to vary or modify strict provisions, so as to relieve
such difficulty or hardship; provided such variances, modifications, or interpretations
shall remain in harmony with the general purpose and intent of said provision, so that
the architectural or historical integrity, or character of the property, shall be conserved
and substantial justice done. In granting a variance, the HPC may impose such
reasonable and additional stipulations and conditions as will, in its judgment, best fulfill
the purpose of this Ordinance. An undue hardship shall not be a situation of the
person‟s own making.
N. Appeals.
Any person adversely affected by any determination made by the HPC relative to
the issuance or denial of a Certificate of Appropriateness may appeal such
determination to the Mayor and City Council. Any such appeal must be filed with the
Mayor and City Council within fifteen (15) days after the issuance of the determination
pursuant to Section V.G.1 of this Ordinance or, in the case of a failure of the HPC to
act, within fifteen (15) days of the expiration of the forty-five (45) day period allowed for
the HPC action, pursuant to Section V.G.2 of this Ordinance. The Mayor and City
Council may approve, modify, or reject the determination made by the HPC, if the
governing body finds that the HPC abused its discretion in reaching its decision.
Appeals from decisions of the Mayor and City Council may be taken to the Superior
Court of Fulton County in the manner provided by law.
Section VI
Maintenance of Historic Properties and Building and Zoning Code Provision
A. Ordinary Maintenance or Repair.
Ordinary maintenance or repair of any exterior architectural or environmental
feature in or on a historic property to correct deterioration, decay, or to sustain the
existing form, and that does not involve a material change in design, material, or outer
appearance thereof, does not require a Certificate of Appropriateness.
B. Failure to Provide Ordinary Maintenance or Repair.
Property owners of historic properties or properties within historic districts shall
not allow their buildings to deteriorate by failing to provide ordinary maintenance or
repair. The HPC shall be charged with the following responsibilities regarding
deterioration by neglect:
1. The HPC shall monitor the condition of historic properties and existing
buildings in historic districts to determine if they are being allowed to deteriorate
by neglect. Conditions such as broken windows, doors and openings which allow
the elements and vermin to enter, and the deterioration of a building‟s structural
system, shall constitute failure to provide ordinary maintenance or repair.
2. In the event the HPC determines a failure to provide ordinary maintenance or
repair, the HPC will notify the owner of the property and set forth the steps which
need to be taken to remedy the situation. The owner of such property will have
thirty (30) days in which to do this. A building permit may be required.
3. In the event that the condition is not remedied in thirty (30) days, the owner(s)
shall be punished as provided in Section VII of this Ordinance. At the direction
of the Mayor and City Council, the HPC may perform such maintenance or repair
as is necessary to prevent deterioration by neglect. The owner(s) of the property
shall be liable for the cost of such maintenance and repair performed by the
HPC.
C. Affirmation of Existing Building and Zoning Codes.
Nothing in this Ordinance shall be construed as to exempt property owners from
complying with existing City, county, or state building and zoning codes.
Section VII
Penalty Provisions
Violations of any provision of this Ordinance shall be punished in the same
manner as provided for punishment of violations of validly enacted Ordinances of the
City of Milton, Georgia set forth in Article 29.2 of the City of Milton Zoning Ordinance.
Each day the offense continues constitutes as separate offense. The following
penalties, which are nonexclusive, and the exercise of one or more of which shall not
preclude exercise of the others, shall be imposed on those persons or entities found to
have violated this Ordinance:
A. The same penalties as set forth in the City of Milton Zoning Ordinance for all
violations of requirements set forth in the said Zoning Ordinance;
B. The penalties set forth in Chapter 12 of the Code of Ordinances of the City for
non-zoning violations;
C. Restriction on future development: If a historic property is demolished or
relocated without a Certificate of Appropriateness, or in the event the plans
are changed for the property from which the resource was removed without
approval of the changed plans by the HPC, then the following restrictions, in
addition to any other penalties or remedies set forth in this Ordinance, shall be
applicable to the site where the structure or property was formerly located:
1. No building or other permits will be issued for construction on the site, with
the exception of a permit to restore such structure or property after
obtaining a Certificate of Appropriateness, for a period of five (5) years
after the date of such demolition or removal.
2. No permits shall be issued by the City for any curb cuts on the site for a
period of five (5) years from and after the date of such demolition or
removal.
3. No parking lot for vehicles shall be operated, whether for remuneration or
not, on the site for a period of five (5) years from and after the date of such
demolition and removal.
4. The owner of the site shall maintain the site in a clean and orderly state
and shall properly maintain all existing trees and landscaping on the site.
When these restrictions become applicable to a particular site, the building
official shall cause to be filed a verified notice thereof in the Real Property
Records of Fulton County and such restrictions shall then be binding on
future owners of the property.
D. Civil Action: As an additional remedy in addition to the penalties stated
above, the City Attorney for the City of Milton or his or her designee shall have
the power to take all necessary civil action to enforce the provisions hereof
and to request appropriate legal or equitable remedies or relief.
Section VIII
Severability
In the event that any section, subsection, sentence, clause, or phrase of this
Ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication
shall in no manner affect the other sections, sentences, clauses, or phrases of this
Ordinance, which shall remain in full force and effect, as if the section, subsection,
sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not
originally a part thereof.
Section IX
Repealer
All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed.
Section X
Effective Date
This Ordinance shall become effective on _____________.
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Christopher Lagerbloom, City Manager
Date: Submitted on March 8, 2010 for the March 15, 2010 Council Meeting
Agenda Item: An ordinance to amend Chapter 7, Alcoholic Beverages, of the City of Milton
Code of Ordinances
City Manager’s Office Recommendation
Approve the attached amendment to Chapter 7 of the City of Milton Code of Ordinances.
Background
It appears to be the pleasure of the Mayor and Council to amend Chapter 7 of the City of Milton
Code of Ordinances. The proposed modification would be Section 5 (codified as Section 4-521
of the Alcoholic Beverages Ordinance. Section (f) (1) would be included/modified to read, “No
person shall sell or offer to sell, by the package, any distilled spirits, wine or malt beverage
within 100 yards of the property line of any park land owned or leased by any county,
municipality, the State of Georgia, or the United States Government.” Section (2) would be
included/modified to read, “No person shall sell or offer to sell, by the package, any distilled
spirits, wine or malt beverage within 100 yards of the property line of any property zoned for
residential use where the applicable zoning requirements allow a density of one (1), or less than
one (1), residential unit per acre.”
Discussion
The discussion is included in background above.
Funding and Fiscal Impact
None
Alternatives:
Do not modify the ordinance.
Concurrent Review:
Ken Jarrard, City Attorney (March 5, 2010)
STATE OF GEORGIA ORDINANCE NUMBER ____________
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 7, ALCOHOLIC BEVERAGES, 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 ___ day of March, 2010 at 6 p.m. as follows:
SECTION 1. That this Ordinance relating to amending Chapter 7 Alcoholic Beverages of the
City of Milton Code of Ordinances is hereby adopted and approved as follows:
Section 5 (codified as Section 4-521) of the Alcoholic Beverages Ordinance shall be modified to
include the following new subsection (f):
(f)(1) No person shall sell or offer to sell, by the package, any distilled spirits, wine or malt
beverage within 100 yards of the property line of any park land owned or leased by any
county, municipality, the State of Georgia, or the United States Government.
(2) No person shall sell or offer to sell, by the package, any distilled spirits, wine or malt
beverage within 100 yards of the property line of any property zoned for residential use
where the applicable zoning requirements allow a density of one (1), or less than one (1),
residential unit per acre.
All other portions of the Alcoholic Beverages Ordinance shall remain undisturbed and are hereby
reaffirmed.
SECTION 2. That 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 _____ day of March, 2010.
Approved:
______________________________
Joe Lockwood, Mayor
Attest:
__________________________
Sudie AM Gordon
Interim City Clerk
(Seal)
Prepared by the Community Development Department for the
Mayor and City Council Meeting on March 15, 2010
3/8/2010 Page 1 of 25
RZ10-01/VC10-01
PETITION NUMBER(S):
RZ10-01/VC10-01
PROJECT NAME
Gas Station
PROPERTY INFORMATION
ADDRESS 3105 Bethany Bend
DISTRICT, LAND LOT 2/2 831
OVERLAY DISTRICT State Route 9
EXISTING ZONING C-1 (Community Business), AG-1 (Agricultural)
PROPOSED ZONING C-1 (Community Business)
ACRES 0.871
EXISTING USE Undeveloped
PROPOSED USE Gas Station and Convenience Store
OWNER D Squared Development LLC, Mehdi Jannatkhah
ADDRESS 2489 Dallas Hwy
Marietta, GA 30064
PETITIONER/REPRESENTATIVE Nathan V. Hendricks III
PHONE 404-255-5161
COMMUNITY DEVELOPMENT RECOMMENDATION
RZ10-01 - DENIAL
VC10-01 – DENIAL
INTENT
To rezone from AG-1 (Agricultural) and C-1 (Community Business) to C-1
(Community Business) to develop a 2,400 square foot building with 5 pump islands at
a density of 2,755.45 square feet per acre. The applicant is also requesting a
concurrent variance to reduce the 20-foot landscape strip to 10 feet along Bethany
Bend (Section 64-1090(a)).
Prepared by the Community Development Department for the
Mayor and City Council Meeting on March 15, 2010
3/8/2010 Page 2 of 25
RZ10-01/VC10-01
PLANNING COMMISSION RECOMMENDATION – FEBRUARY 23, 2010
RZ10-01 – DENIAL 6-0
VC10-01- DENIAL 6-0
After hearing many public concerns in the areas of tr affic generation, public
loitering, availability of similar uses in the area, alcohol sales, and pedestrian
accessibility, the Planning Commission discussion included the following issues:
1) Number of times a week is fuel delivered per week: The applicant stated
that it would be 2 to 3 times a week during the slow times of the day.
2) Number of employees per shift: The applicant stated 2 to 3 with a total of
8-10 employees total.
3) Potential congestion conflicts onsite: Trash emptying and deliveries will be
tight according to the applicant’s engineer.
4) The need for the 5th pump: The applicant stated that it was increased
economic benefit.
5) Is it possible to design the site without the concurrent variance: The
applicant stated that they would consider eliminating the 5th pump and
submit a revised site plan but it may not be viable to build.
6) Some of the Commissioners expressed that although eventually the
parcel maybe rezoned to commercial, the proposed use is too intensive
for the size and shape of the property.
Since the time of the Planning Commission meeting, the applicant has
submitted to the Community Development Department a revised site plan
dated February 26, 2010. The revised site plan indicates a 20 foot landscape strip
along Bethany Bend and an official revised letter of intent to request withdrawal
of VC10-01 for the landscape strip. In addition, the site plan shows a reduction
in the size of the building from 2,400 square feet to 2,000 square feet and a
reduction of pumps from five (5) to four (4) pumps. Development per the revised
site plan would eliminate the need for any variances.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on March 15, 2010
3/8/2010 Page 3 of 25
RZ10-01/VC10-01
LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on March 15, 2010
3/8/2010 Page 4 of 25
RZ10-01/VC10-01
CURRENT ZONING MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on March 15, 2010
3/8/2010 Page 5 of 25
RZ10-01/VC10-01
FUTURE LAND USE PLAN MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on March 15, 2010
3/8/2010 Page 6 of 25
RZ10-01/VC10-01
SITE PLAN SUBMITTED – January 7, 2010
Prepared by the Community Development Department for the
Mayor and City Council Meeting on March 15, 2010
3/8/2010 Page 7 of 25
RZ10-01/VC10-01
SUBJECT SITE LOOKING SOUTHEAST ON BETHANY BEND
SUBJECT SITE LOOKING NORTH ON HWY 9
Prepared by the Community Development Department for the
Mayor and City Council Meeting on March 15, 2010
3/8/2010 Page 8 of 25
RZ10-01/VC10-01
SUBJECT SITE:
The subject site contains 0.871 acre and is undeveloped. It is currently zoned C-1
(Community Business) unconditional and AG-1 (Agricultural). It is located at the
southeast corner of Bethany Bend and Hwy 9. The site is located within the
Neighborhood Living-Working Land Use designation on the City’s Future Land
Use Map.
Standards of Review
(Section 64-2104) Planning Staff shall, with respect to each zoning application,
investigate and make a recommendation with respect to factors 1 through 7,
below, as well as any other factors it may find relevant.
1. Whether or not the proposal will permit a use that is suitable in view of the
use and development of adjacent and nearby Property?
Although commercial uses exist at the intersection, those uses have been
developed to include all the required development standards. The
proposed gas station and 2,400 square foot convenience store is not
suitable based on the small size of the parcel, potential for cut through
traffic on the site between Bethany Bend and Hwy 9. In addition, the
applicant is requesting a concurrent variance to reduce the landscape
strip along Bethany Bend based on the lack of area to develop the gas
station and associated convenience store.
2. Whether or not the proposal will adversely affect the existing use or
usability of adjacent or nearby property?
In Staff’s opinion, the proposed use is too intensive on such a small site,
including the gas pumps, parking, and area for gas tankers to deliver fuel.
In addition, Staff is concerned with potential spillover of lighting to nearby
single family residences to the east and north during the evening hours.
Further, no access is shown to undeveloped property to the south.
3. Whether the property to be affected by the proposal has a reasonable
economic use as currently zoned?
The subject site may have a reasonable use as currently zoned, with a
smaller building and circulation footprint.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on March 15, 2010
3/8/2010 Page 9 of 25
RZ10-01/VC10-01
4. Whether the proposal will result in a use which will or could cause an
excessive or burdensome use of existing streets, transportation facilities,
utilities or schools?
Staff does not anticipate a significan t impact on public services and
utilities. However, the nature of the intersection of Hwy 9 and Bethany
Bend is problematic and accessing the subject site will be challenging.
5. Whether the proposal is in conformity with the policies and intent of the
land use plan?
The subject site is a prominent corner of the City and is designated in the
Plan as Neighborhood Living-Working. Staff contemplates that the
proposed development will not contribute toward a safe pedestrian
friendly area based on the lack of space to provide a beauty strip along
Hwy 9 between the curb and the sidewalk. A brief description of the
project is noted below.
Future Land Use Plan Map: Neighborhood Living-Working
Proposed use/density:
Retail/Commercial – 2,755.45 square feet per acre
The Future Land Use Plan Map suggests Neighborhood Living-Working for
the subject site and the properties to the west, north, and south in a linear
fashion. Although, retail commercial is consistent with Neighborhood
Living-Working, the intensity of the development is inconsistent with the
areas to the east where the Plan suggests Residential 3-5 units per acre
and to the northeast across Bethany Bend the Plan suggests Residential 1-
2 units per acre.
The Milton City Council adopted the Partial Plan Update to the City’s
Comprehensive Plan on December 21, 2009. The proposed development
is inconsistent with the following Plan Policies:
We will encourage development that is sensitive to the overall
setting of the community and will contribute to our community’s
character and sense of place.
We will encourage development of a balanced network of
commercial activity centers to meet the service needs of our
citizens while avoiding unattractive and inefficient strip
development.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on March 15, 2010
3/8/2010 Page 10 of 25
RZ10-01/VC10-01
We will create gateways and corridors to establish a "sense of
place" for our community.
In addition, the Milton Comprehensive Transportation Plan recommends
that the Bethany Bend and Hwy 9 intersection be improved with adding
an eastbound and westbound through lane along Bethany Bend.
6. Whether there are other existing or changed conditions affecting the use
and development of the property which gives supporting grounds for
either approval or disapproval of the proposal?
Staff also notes that there are no gas stations/convenience stores along
Hwy 9. Based on the small size and location within an acute triangle,
limited and difficult access from both Bethany Bend and Hwy 9, Staff is of
the opinion that these conditions support grounds for disapproval of the
proposed gas station and convenience store.
7. Whether the zoning proposal will permit a use which can be considered
environmentally adverse to the natural resources, environment and
citizens of the City of Milton?
The proposed use and the intensity of development may adversely affect
the environment and the citizens of the City.
Existing uses and zoning of nearby property
Location Parcel / Zoning
Petition
Zoning / Name Approved
Density/Min.
Heated Floor Area
North 1
RZ06-96
C-1 (Community Business)
CVS and Undeveloped Parcel
No Fast Food Restaurants
Permitted
5,690.91 sq.
ft./acre
North 2
RZ07-10
O-I (Office Institutional)
Undeveloped
5,332 sq. ft./acre
Further
North
3
RZ88-100
M-1 (Light Industrial)
Superior Air Conditioning
1,341 sq. ft./acre
Further
North
4
RZ88-23
C-2 (Commercial)
GLM Sod and Landscape
8,040 sq.ft./acre
Further
Northeast
5
N/A
AG-1 (Agricultural)
Bellemeade Farms Subdivision
1 unit/acre
(Est. 3,000 sq.ft.)
Further
Southeast
6
RZ96-19
North side of Bethany Bend is
R-4A (Residential) and South
R-4A -1.76
units/acre
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RZ10-01/VC10-01
side of Bethany Bend is R-5
(Residential)
Bethany Creek Subdivision
R-5 - 2.97
units/acre
South 7
RZ85-194
C-1 (Community Business)
Undeveloped
8,627 sq.ft./acre
South 8
AG-1 (Agricultural)
Undeveloped
N/A
Further
South
9
RZ01-08
C-1 (Community Business)
Loving Hands Animal Clinic
8,695.66
sq.ft./acre
2 stories
Further
South
10
RZ97-54
C-1 (Community Business)
Legacy Crossing Pavilion –
Montana’s Restaurant
8,249 sq.ft./acre
2 stories
Further
South
11
RZ95-085
C-1 (Community Business)
9 North Tire Center
3,937 sq.ft./acre
Further
Southwest
12
RZ99-44/U99-26
C-1 (Community Business) and
Use Permit for Self-Storage
Your Extra Attic Self
Storage/Retail Commercial
Strip
18,240 sq.ft./acre
Further
Southwest
13
RZ98-012
C-1(Community Business)
Office Building
6,282.05
sq.ft./acre
Southwest 14
RZ03-118
C-1 (Community Business)
Sherwin Williams Paint Store
6,323.53
sq.ft./acre
West 15
RZ99-77
C-1 (Community Business)
Bethany Bend Village
Shopping Center
7,846.04
sq.ft./acre
2 Stories
Further
West
16
RZ05-115
CUP (Community Unit Plan)
Future Site of Fulton County
Board of Education High
School
2.81 units/acre
Northwest 17
RZ04-22
C-1 (Community Business)
Existing Retail Center
7,314.03 sq.
ft./acre
Further
Northwest
18
N/A
AG-1 (Agricultural)
Oakstone Glen Subdivision
1 unit per acre
Further
Northwest
19
RZ00-52
C-1 (Community Business)
Kids R Kids Day Care
4,771.25
sq.ft./acre
Prepared by the Community Development Department for the
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EXISTING USES LOCATION MAP
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RZ10-01/VC10-01
VIEW FROM SUBJECT SITE TO THE NORTHEAST ACROSS BETHANY BEND
VIEW FROM SUBJECT SITE TO THE WEST ACROSS HWY 9
Prepared by the Community Development Department for the
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RZ10-01/VC10-01
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on January 7, 2010, Staff offers the following considerations:
State Route 9 Overlay District
BUILDING SETBACKS
Section 64.776 of the Zoning Ordinance requires the following building setbacks:
Front – 40 feet along Hwy 9
Front – 40 feet along Bethany Bend
Rear – 0 Feet along the south property line adjacent to C-1 (Community
Business)
The site plan indicates compliance with the setback requirements.
Staff notes that Section 64-77.2.a. addresses permitted encroachments into
yards. Nonresidential districts – “Canopies shall be allowed over walkways or
driveways to within 12 feet of the street right-of-way or right-of-way based on
the street’s functional classification, whichever is farther from the street’s
centerline. Fuel pumps and pump islands, when permitted, shall be setback as
stated in this subsection for canopies.” The proposed canopy is located 23 feet
from the proposed right-of-way along Bethany Bend and is in compliance with
the required setback.
BUILDING HEIGHT
Section 64-1095(n) within the State Route 9 Overlay District requires there shall be
a maximum of two stories with a maximum height of 30 feet from average
finished grade to bottom of the roof eave. The applicant indicates that the
proposed building will be one story in height and will not exceed the maximum
height.
LANDSCAPE STRIPS
Section 64-1090 of the State Route 9 Overlay District requires the following
landscape strips:
Hwy 9 – 20 foot landscape strip
Bethany Bend- 20 foot landscape strip
South property line – 10 foot landscape strip
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This section further states that for every thirty (30) linear feet of landscape strip, a
minimum of one 3” caliper hardwood shade tree is required to be planted in the
center of the landscape strip or as approved by the Director.
Section 64-1092 states that where a parking lot, parking structure or gas fueling
bay fronts directly on a public street, a continuous screen of evergreen plantings
shall be provided. Said screen shall be three feet in height at planting and four
(4) feet minimum height at maturity and three (3) feet to eight (8) feet in width
at maturity. This requirement shall be provided along Hwy 9 and Bethany Bend
Road based on the location of the fueling bays and parking on the site.
Staff notes that the air and vacuum structures are not permitted within the
minimum landscape strip along the south property line.
The site plan shows compliance with the required landscape strips except along
Bethany Bend. The applicant is requesting the following concurrent variance to
Section 64-1090(a):
To reduce the 20-foot landscape strip to 10 feet al ong Bethany Bend.
The applicant is requesting the reduction in the landscape strip to enable the
necessary circulation and parking. The Milton Comprehensive Transportation
Plan recommends that the Bethany Bend and Hwy 9 intersection be improved
with adding an eastbound and west bound through lane along Bethany Bend .
If the applicant is granted the reduction of the landscape strip, a portion of it
may be deleted to provide for the necessary widening to construct the through
lanes.
Section 64-1883, “Considerations”, requires a variance must be based upon
credible evidence submitted at a public hearing demonstrating compliance
with subsections 1 through 4. The proposed concurrent variance, if granted,
would offend the spirit or intent of this zoning ordinance (Subsection 1) based on
the State Route 9 Overlay District which requires a 20 foot landscape strip along
Bethany Bend to provide a vegetative barrier from the public right of way into
the site. In addition, if the reduction is approved it would cause a substantial
detriment to the public good and surrounding properties (Subsection 3) based
on the fact that the subject site is too small to accommodate the proposed gas
station. Lastly, the reduction of the landscape strip will not provide the required
amount of screening of the gas pumps/parking from the public roads as
required by the Overlay District pursuant to Section 64-1092. Therefore, Staff
recommends DENIAL of VC10-01 to reduce the 20-foot landscape strip to 10 feet
along Bethany Bend.
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RZ10-01/VC10-01
OTHER SITE PLAN CONSIDERATIONS
Staff notes that the dumpster is located adjacent to Hwy 9. Section 64-1092 (d)
states that receptacles shall be placed in the least visible location from public
streets. Staff notes that the dumpster should be enclosed in such a way as to
shield it from the street with acceptable architectural and landscaping
materials. In addition the ordinance requires the fourth side shall be a self closing
gate made from noncombustible materials.
Section 64-1095 (d) states that all buildings shall be oriented to face a street or
courtyard. The placement of the building as currently depicted on the site plan
does not meet this requirement.
The applicant indicates a four board black horse fence along both Bethany
Bend and Hwy 9 at the edge of the sidewalk. The City Arborist requests that the
fence be placed interior to the landscape strip to provide a more open feel. In
addition, all sidewalks shall have a color stamped pattern to simulate a
transverse double row brick paver pattern every 50 feet, to be approved by the
City of Milton Design Review Board. These two requirements have been the
policy of the Mayor and City Council in the State Route 9 Overlay District and
will be included in the Recommended Conditions.
Detention areas are located underground on the subject site.
Both the building and the site must comply with Section 64-1068, State Route 9
Overlay District, at the time of the Certificate of Occupancy. Staff notes that the
lighting requirements are more restrictive than the Night Sky Ordinance and
therefore, the more restrictive requirements will prevail.
PARKING REQUIREMENTS
The following chart illustrates the parking required by Section 64-1410 for the
proposed use:
Proposed Use Minimum Requirement Spaces
Provided
Retail Service
Commercial
2,400 square feet
5 spaces per 1,000 sq. ft. of building
area
12 spaces
12 spaces
It also appears that the site plan is in compliance with the landscape and layout
requirements of Section 64-1096.
Prepared by the Community Development Department for the
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ENVIRONMENTAL SITE ANALYSIS
The Environmental Site Analysis (ESA) report is sufficient and satisfies the
requirement of Section 64.2126. A field survey of the site was conducted by Staff
to verify areas addressed in the ESA report. The proposed site does not contain
wetlands, floodplains, streams, steep slopes, historical sites or sensitive plant and
animal species. The City Arborist has determined that one oak, approximately
34” DBH (Diameter Breast Height) is in severe decline and is located on the site.
It is Staff’s opinion that the proposed development will not implement the
creation and preservation of green space and open space based on the
intensity of the development. Additionally, the development does not appear to
protect citizens from negative impacts of noise and lighting based on the
intensity of the development.
ARBORIST COMMENTS
Site is heavily wooded with 95% young growth pines. No specimen quality trees
on site. One oak, around 34” is in severe state of decline…has been pruned
heavily over the years for utility clearing, and has significant decay about 15’ up
where tree has lost a major branch. There is no tree area worth preserving, per
this plan.
1. Landscape Strip along Hwy 9….no issues with L.S. however plan states
fence to be located at edge of sidewalk. Would rather see fence
located at the back of the landscape strip, would provide a more open
look along the road.
2. Landscape strip along Bethany…same issue as above in regard to fence
location.
3. Landscape Strip along rear (south P.L.)….remove air and vacuum units out
of landscape strip. Provide additional screening above and beyond
landscape strip requirements.
4. Parking Bay/Island Trees.....3 required
FULTON COUNTY HEALTH DEPARTMENT
The Fulton County Department of Health and Wellness recommends that the
applicant be required to connect the proposed development to public water
and public sanitary sewer available to the site.
Since the proposed development constitutes a premise where people work, live
or congregate, onsite sanitary facilities will be mandatory, prior to use or
occupancy.
This facility must comply with the Georgia Smoke free Air Act of 2005.
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This department is requiring that plans indicating the number and location of
outside refuse containers along with typical details of the pad and approach
area for the refuse containers be submitted for review and approval prior to
land disturbance or building permit issuance.
CITY OF MILTON FIRE MARSHAL
Underground storage tanks will require separate approval from the State
Fire Marshal.
A fire flow report will be required.
PUBLIC INVOLVEMENT
On January 27, 2010 the applicant was present at the Community Zoning
Information Meeting (CZIM) held at the Milton City Hall. There were 14 members
of the community in attendance. The applicant has also met with the Bethany
Creek Homeowners Association prior to the CZIM.
Public Comments – Staff has several e-mails regarding this development. They
are attached to this report.
The applicant will be hosting a Public Participation Meeting on Friday, February
13, 2010 at the Windward Kroger Community Room.
CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW - FEBRUARY 2, 2010
Screening dumpster. Applicant states that he will extend the brick façade
wall to 8’ around the dumpster so it will parallel Highway 9.
Roof canopy over pump islands should be pitched. Applicant states that
might be difficult with a non symmetrical canopy.
Did you consider an alternate design? Applicant states that the canopy
does not have to adhere to building setback, but the building does. The
canopy would not fit into the setbacks.
CONCLUSION
The proposed development is inconsistent with Plan Policies. In addition the site’s
small size and location within an acute triangle, limited and difficult access from
both Bethany Bend and Hwy 9 support the recommendation for DENIAL of RZ10-
01 and VC10-01 to rezone to C-1 (Community Business) to develop a gas station
and convenience store. If the Mayor and City Council recommends approval,
Staff provides the following Recommended Conditions.
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RZ10-01/VC10-01
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be
APPROVED C-1 (Community Business) CONDITIONAL subject to the owner’s
agreement to the following enumerated conditions. Where these conditions
conflict with the stipulations and offerings contained in the Letter of Intent, these
conditions shall supersede unless specifically stipulated by the Mayor and City
Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Retail Commercial and accessory uses, at a maximum density of
2,755.45 gross floor area per acre zoned or a total gross floor area of
2,400 square feet, whichever is less but excluding freestanding fast
food restaurants, commercial amusements (cinemas not included),
liquor sales package stores (wine stores allowed), (restaurants may
sell liquor by the drink), motels, hotels, adult entertainment
establishments including adult bookstores, adult entertainment as
defined in Section 64-1, check cashing stores, pawn shops, coin
operated laundries, video arcades (video machines that are
incidental to otherwise permitted businesses are allowed), pool
halls, massage parlors, nail salons, stand alone beauty salons, stand
alone barber shops, flea markets, discount retail shops, roadside
vending, roadside produce stands or seasonal vending.
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Community Development
Department on January 7, 2010. Said site plan is conceptual only
and must meet or exceed the requirements of the Zoning
Ordinance, all other applicable city ordinances and these
conditions prior to the approval of a Land Disturbance Permit.
Unless otherwise noted herein, compliance with all conditions shall
be in place prior to the issuance of the first Certificate of
Occupancy.
3) To the owner’s agreement to the following site development considerations:
a) All new sidewalk installations along the rights-of-ways shall have a
color stamped pattern to simulate a transverse double row brick paver
pattern every 50 feet, to be approved by the City of Milton Design
Review Board.
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b) Provide a black four-board-equestrian-styled fence along all
sidewalks interior to the landscape strip or as approved by the Director
of Community Development.
4) To the owner’s agreement to abide by the following requirements,
dedication, and improvements:
a) Dedicate at no cost to the City of Milton or Georgia Department of
Transportation (GDOT) prior to the approval of a Certificate of
Occupancy, sufficient land as necessary to provide the following:
i. Provide at least 30 feet of right-of-way from the centerline of
Bethany Bend
ii. Provide at least 12 feet of right-of-way from the back of curb of
all abutting road improvements, along the entire property
frontage, as well as allow the necessary construction easements
while right-of-way is being improved.
iii. Provide bicycle and pedestrian improvements along entire
property frontage of HWY 9 and Bethany Bend according to
cross sections in Chapter 48 Streets, Sidewalks and Other Public
Places of the City of Milton Code of Ordinances and as
approved by Milton Public Works.
iv. Installation/modification of the following transportation
infrastructure according to GDOT Standards and Chapter 48
Streets, Sidewalks and Other Public Places of the City of Milton
Code of Ordinances :
a) NB Right Turn Lane on HWY 9 at new access drive
b) NB Right Turn Lane on HWY 9 at Bethany Bend
c) EB Right Turn Lane on Bethany Bend at new access
drive
b) Reserve for the City of Milton along the necessary property frontage of
the following roadways, prior to the approval of a Land Disturbance
Permit, sufficient land as necessary to provide for compliance with the
Comprehensive Transportation Plan. The location of the landscape
strip with the reserved right-of-way to be determined by the Director of
Community Development.
i. 55 feet from centerline of HWY 9 or as may be required by
GDOT
ii. 45 feet from centerline of Bethany Bend
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RZ10-01/VC10-01
a) Access to the site shall be subject to the approval of the
GDOT District 7 Access Management Engineer and Milton
Public Works, prior to the issuance of a Land Disturbance
Permit.
b) Provide a 30 foot wide cross-access easement free of any
structures or utilities for future vehicular and pedestrian inter-
parcel access on the south property l ine as approved by
Milton Public Works.
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Prepared by the Community Development Department for the
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ZM10-01
PETITION NUMBER(S):
ZM10-01
John Wieland Homes & Neighborhoods -- Braeburn
PROPERTY INFORMATION
ADDRESS Birmingham Highway (Braeburn Subdivision)
DISTRICT, LAND LOT 2/2, 1096, 1097, 1098, 1135
OVERLAY DISTRICT Crabapple
EXISTING ZONING MIX (Mixed Use) Z05-117
EXISTING USE Partially Developed
PROPOSED USE Office/Commercial/Single-family and townhouse residential
PETITIONER John Wieland Homes and Neighborhoods, Inc.
4125 Atlanta Road SE
Smyrna, GA 30080
REPRESENTATIVE Barry Gittleman, Vice President
PHONE 770-703-1655
APPLICANT’S REQUEST:
1) To modify Condition 1.d, which currently allows up to 54 townhomes at a maximum
density of 0.86 dwelling units per acre to allow up to 47 townhomes at a maximum
density of 0.75 dwelling units per acre based on total acreage zoned, whichever is
less.
2) To modify Condition1.e, which currently allows up to 45 single-family residential units
at a maximum density of 0.72 dwelling units per acre, to allow up to 52 single-family
residential units at a maximum density of 0.83 dwelling units per acre based on total
acreage zoned, whichever is less..
3) To modify the required minimum lot size in Condition 1.f from 18,900 square feet
such that no more than three (3) lots shall have a minimum lot size of 10,890 square
feet (approximately ¼ acre) or above, at least three (3) lots (Lots 11-13) shall have
a minimum lot size of one (1) acre or above, and the remaining lots shall have a
minimum lot size of 14,500 square feet (approximately 1/3 of an acre) or above.
4) To modify Condition 2.a to replace the revised site plan received by the Fulton
County Department of Environment and Community Development on June 7, 2006
with the revised site plan received by the Milton Department of Community
Development on February 4, 2010.
5) To modify Condition 3.e to reduce the 15-foot building separation to a 10-foot
building separation with a 5-foot side yard setback for lots less than one (1) acre.
Prepared by the Community Development Department for the
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ZM10-01
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
APPROVAL – ZM10-01 – PARTS 1-5
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ZM10-01
LOCATION MAP
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ZM10-01
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ZM10-01
Proposed Zoning Modification Site Plan Received February 4, 2010
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ZM10-01
SITE PLAN APPROVED JULY 5, 2006 by FULTON COUNTY BOARD OF COMMISSIONERS
Z05-117
Prepared by the Community Development Department for the
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ZM10-01
The applicant is requesting the following 5 part modification to a rezoning approved by
the Fulton County Board of Commissioners on July 5, 2006. The approved rezoning was for
a MIX (Mixed Use) development with a small amount of retail commercial, a large
amount of office and a mix of townhouse residential and single family residential. The
following is a table reflecting the Board of Commissioners’ approval for the subject site as
it relates to the proposed requests . A portion of the office buildings have been
constructed and the residential streets have been constructed but not final platted. Staff
notes that the zoning approved by the Board of Commissioners pursuant to Z05-117
included acreage (Pod C) that is included in this proposed development. The applicant is
not amending the site plan for Pod C located on the north side of Crabapple Road.
Commercial Office Townhouse
(Condition
1.d.)
Single
Family
Residential
(Condition
1.e.)
Lot Size for Single Family
Residential
(Condition 1.f.)
Building
Separation
(Condition 3.e.)
Approved
per Z05-
117
2,532 sq.ft.
40.28 sq. ft.
per acre
based on
total
acreage
zoned
36,468
sq.ft.
580.06
sq.ft.
per acre
based on
total
acreage
zoned
54 units
0.86 units
per acre
based on
total
acreage
zoned
45 units
0.72 units
per acre
based on
total
acreage
zoned
The minimum lot size shall
be 18,900 sq.ft., except lots
numbered 11-13 shall be a
minimum of 1 acre
To reduce the
minimum side
yard setback for
single family
residential lots
from 15 ft to 5 ft
with a 15-foot
building
separation for
lots 25,000
square feet or
less.
Proposed
per
ZM10-01
No Change
No
Change
47 units
0.75 units
per acre
based on
total
acreage
zoned
52 units
0.83 units
per acre
based on
total
acreage
zoned
No more than three (3) lots
shall have a minimum lot
size of 10,890 square feet
(approximately ¼ acre) or
above, at least three (3) lots
(Lots 11-13) shall have a
minimum lot size of one (1)
acre or above, and the
remaining lots shall have a
minimum lot size of 14,500
square feet (approximately
1/3 of an acre) or above.
To reduce the
15-foot building
separation to a
10-foot building
separation with
a 5-foot side
yard setback for
lots less than one
(1) acre.
ANALYSIS AND RECOMMENDATIONS
Conditions to be Modified:
1) To modify Condition 1.d, which currently allows up to 54 townhomes at a
maximum density of 0.86 dwelling units per acre to allow up to 47 townhomes at a
maximum density of 0.75 dwelling units per acre based on total acreage zoned,
whichever is less.
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ZM10-01
The proposed modification to decrease the number of townhomes does not negatively
affect the overall site plan as approved by the Board of Commissioners. The existing street
plan will not be altered including the future inter-parcel accesses to the other portions of
Crabapple. This proposal will alter the mix of single family and townhome units but the
overall density will remain the same. The approved site plan pursuant to RZ95-117 depicts
15 townhomes just west of the office development. The revised site plan depicts 16
townhomes west of the office development. Townhomes developed further west are in
buildings of three and four units which is on average one less unit per building compared
with the original site plan. Pod C, with 5 attached residential units, remains the same. The
proposed site plan meets the Crabapple Crossroads Overlay District standards required
for townhomes. Staff notes that the townhomes must meet all the development standards
as it relates to residential building design and will be required to go before the City Design
Review Board prior to the approval of a building permit. The proposed modification of
Condition 1.d. would be in keeping with the Board of Commissioners’ original approval of
the subject site. Therefore, Staff recommends APPROVAL of Part 1 to modify Condition 1.d.
2) To modify Condition1.e, which currently allows up to 45 single-family residential
units at a maximum density of 0.72 dwelling units per acre, to allow up to 52 single -
family residential units at a maximum density of 0.83 dwelling units per acre based
on total acreage zoned, whichever is less.
This proposed modification to increase the number of single family residential lots does
not negatively affect the overall site plan as approved by the Board of Commissioners.
Staff notes that the seven (7) additional single family lots are located in Pod B. The revised
site plan depicts 12 lots along the south property line (Lots 40-52) which is 3 more than the
original site plan and provides a transition from the townhomes to the larger single family
residential lots. The revised site plan provides 21 lots starting on the north side of Bentw orth
Lane and continuing around the outside of Neybridge Lane and are primarily smaller
along the stream buffer on the west side of Neybridge Lane. The original site plan
provided 20 lots. In addition, Lots 11-13 will remain a minimum 1 acre in size. Furthermore,
based on the approved conditions, the amenity area has been relocated away from the
Kensington Farms Subdivision to the south along the main road. Therefore, this area
adjacent to Kensington Farms contains large estate lots. The revised site plan indicates 18
lots interior to Neybridge Lane whereas the original site plan contemplated 15 lots. Staff
notes that Lots 27-29 provide similar size large lots as a transition north toward the
minimum one acre lots. As with the townhome portion, the existing street plan will not
be altered including the future inter-parcel accesses to the other portions of Crabapple.
This proposal will alter the mix of single family and townhome units but the overall density
will remain the same. The proposed modification of Condition 1.e. would be in keeping
with the Board of Commissioners’ approval of the subject site. Therefore, Staff
recommends APPROVAL of Part 2 to modify Condition 1.e.
3) To modify the required minimum lot size in Condition 1.f from 18,900 square feet
such that no more than three (3) lots shall have a minimum lot size of 10,890 square
feet (approximately ¼ acre) or above, at least three (3) lots (Lots 11-13) shall have
Prepared by the Community Development Department for the
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ZM10-01
a minimum lot size of one (1) acre or above, and the remaining lots shall have a
minimum lot size of 14,500 square feet (approximately 1/3 of an acre) or above.
As depicted on the revised site plan, lots 50-52 range in size from 11,071 to 13,341 which
are located just west of the townhomes. In addition, l ots 11-13 will remain a minimum 1
acre in size. Staff notes that lots 14-18 along Neybridge Lane are more than one acre as
well, along the northern portion of the site. The remaining lots are proposed to be 14,500
square feet in size although it appears that many of the remainder lots are significantly
larger than 14,500 square feet. The areas where the additional single family lots are
proposed are within the sewered area of the development. The proposed modification to
reduce the lot size as described above does not negatively affect the overall site plan
and would be in keeping with the Board of Commissioners’ approval of the subject site.
Therefore, Staff recommends APPROVAL of Part 3 to modify Condition 1.f.
4) To modify Condition 2.a to replace the revised site plan received by the Ful ton
County Department of Environment and Community Development on June 7, 2006
with the revised site plan received by the Milton Department of Community
Development on February 4, 2010.
This request is to modify the site plan in general to be consistent w ith the applicant’s
request to modify conditions discussed above . Overall, the proposed changes are
consistent with the approved conceptual site plan pursuant to Z05-117. Further, the
proposed revised site plan provides a transition from higher to lower intensity of uses.
Retail/office uses are proposed along Birmingham Highway transitioning to townhomes to
small single family lots to larger single family lots. Therefore, Staff recommends APPROVAL
of Part 4 to modify Condition 2.a.
5) To modify Condition 3.e to reduce the 15-foot building separation to a 10-foot
building separation with a 5-foot side yard setback for lots less than one (1) acre.
The applicant is requesting this modification to reduce the required 15-foot building
separation to 10 feet with a 5-foot side yard setback. The approved zoning already
requires the 5-foot side yard setback and it is only the separation from 15 feet to 10 feet
that is being requested. Based on Staff’s recommendation supporting the increased
number of single family lots, it is Staff’s recommendation to support the reduction in the
building separation and side yard setback. This will allow a larger house footprint to be
developed which is consistent with the surrounding new residential development in
Crabapple. Staff notes that the reduced setbacks can meet the current Georgia Building
Code. The proposed modification of Condition 3.e. would be in keeping with the Board of
Commissioners’ approval of the original condition. Therefore, Staff recommends
APPROVAL of Part 5 to modify Condition 3.e.
CONCLUSION
Prepared by the Community Development Department for the
Mayor and City Council Meeting March 15, 2010
3/8/2010 Page 10 of 12
ZM10-01
The proposed modifications appear to be in keeping with the Board of Commissioners’
overall intent for this development. Therefore, Staff recommends Approval of ZM10-01,
Parts 1-5.
Prepared by the Community Development Department for the
Mayor and City Council Meeting March 15, 2010
3/8/2010 Page 11 of 12
ZM10-01
RECOMMENDED CONDITIONS
Should the Mayor and City of Council approve this petition, the Recommended
Conditions (RZ05-117) should be revised to read as follows:
1. To the owner’s agreement to restrict the use of the subject property as
follows:
d. No more than 47 townhomes at a maximum density of 0.75
dwelling units per acre based on the total acreage zoned,
whichever is less.
e. No more than 52 single family residential units at a maximum
density of 0.83 dwelling units per acre based on the total
acreage zoned, whichever is less.
f. No more than three (3) lots shall have a minimum lot size of
10,890 square feet (approximately ¼ acre) or above, at least
three (3) lots (Lots 11-13) shall have a minimum lot size of one (1)
acre or above, and the remaining lots shall have a minimum lot
size of 14,500 square feet (approximately 1/3 of an acre) or
above.
2. To the owner’s agreement to abide by the following:
a. To the revised site plan received by the Milton Community
Development Department on February 4, 2010. 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. The applicant shall be required to
complete the concept review procedure prior to application for
a Land Disturbance Permit. Unless otherwise noted herein,
compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy.
3. To the owner’s agreement to the following site development considerations:
e. To provide a 10-foot building separation with a 5-foot side yard
setback for lots less than one (1) acre.
Prepared by the Community Development Department for the
Mayor and City Council Meeting March 15, 2010
3/8/2010 Page 12 of 12
ZM10-01
4. To the owner’s agreement to abide by the following requirements,
dedications, and improvements:
c. To provide all road and pedestrian improvements al ong Birmingham
Highway in accordance with Georgia Department of Transportation
(GDOT) permit issued November 15, 2006 or as may be modified and
approved by the Georgia Department of Transportation and the City
of Milton Public Works Director. Said improvements shall include the
relocation and reconstruction of all existing infrastructure
improvements that may have been constructed after the GDOT permit
approval. All improvements shall be completed within one year of this
zoning modification approval unless otherwise extended by the
Director of Public Works.
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Lynn Tully, Community Development Director
Date: Submitted on March 5, 2010 for the Regular Council Meeting
Agenda Item: Approval of the ARC Community Choices application for technical assistance for
review of Milton’s sign ordinance
City Manager’s Office Recommendation
Approve the ARC Community Choices application for technical assistance for review of Milton’s
sign ordinance.
Discussion
The Atlanta Regional Commission is soliciting applications for the Quality Growth Implementation
Assistance program. Through this program, a team of ARC staff from across departments along
with graduate student interns will provide free technical assistance to cities and counties that
want to develop in ways that meet local and regional quality growth goals. Selected communities
will receive staff assistance over a 6-12 month period.
The City of Milton is requesting technical assistance from the ARC Community Choices team to
review our sign ordinance and work with our staff and a team of local stakeholders to recommend
and implement changes that would facilitate our firm quality growth objectives.
We are requesting ARC’s assistance to help:
improve our growth preparedness and ability to attract the most appropriate businesses
to our community;
improve the viability of businesses and their economic advantage in Milton without
encouraging sign blight or visual clutter;
maintain a sense of place and protecting our traditional agricultural/equestrian
neighborhoods through the use of coordinated sign programs;
improve the usability and accessibility of our bike and pedestrian trail facilities through
appropriate directional signage and markings;
A full review of the current sign ordinance will lead to suitable and context sensitive changes that
will attract quality growth development, while maintaining Milton’s rural character.
Funding and Fiscal Impact
There is no funding or fiscal impact associated with this application or project. This program is
limited to offering technical assistance only.
Concurrent Review
Chris Lagerbloom, City Manager
Quality Growth Implementation Assistance Program
Are you trying to encourage specific quality growth techniques like mixed use development or
open space preservation?
Are you looking to use quality growth to reach water conservation goals?
Do you need help reviewing your ordinances and planning documents to make sure they
coordinate with your comprehensive plan and/or Livable Centers Initiative (LCI) goals?
Atlanta Regional Commission staff is responding to these needs by issuing a request for applications for
the Quality Growth Implementation Assistance program. Through this program, a team of ARC staff
from across departments along with graduate student interns will provide free technical assistance to
cities and counties that want to develop in ways that meet local and regional quality growth goals.
The Atlanta Regional Commission is soliciting applications from communities that want help with either
policy analysis or creation. Selected communities will receive staff assistance over a 6-12 month period.
The range of past projects includes:
Development of overlay districts for designated areas in the community:
City of Douglasville, Dekalb County and Rockdale County
Comprehensive review of all planning documents and policies and recommendations for coordination:
Cities of Fayetteville & Norcross and Henry County
Analysis of and recommendations for streamlining the development review process: City of Marietta
Design Guidelines: Cities of Kennesaw and Griffin
APPLICATION GUIDELINES:
Every application must be submitted and signed by the Chief Elected Official in the community.
Priority will be given to applications that include signatures from the entire legislative body.
Priority will be given to applications that demonstrate commitment to quality growth concepts,
local staff time and community support of the project and/or plan.
Community Choices
Application for Implementation Assistance
2010
Jurisdiction: City of Milton, GA
Address: 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 Phone: 678-242-2500
Contact Person: Lynn Tully E-mail: Lynn.Tully@cityofmiltonga.us
Local government plans, policies and practices that reflect the principles of quality growth are often characterized
by a common set of principles:
a mix of land uses;
a range of housing and transportation opportunities and choices;
walkability;
distinctive, attractive communities with a strong sense of place;
open space, natural beauty and critical environmental areas;
emphasis on community and stakeholder collaboration in development decisions.
EVALUATION CRITERIA
1. The applicant must be a city or county in the ten county Atlanta region or an LCI recipient in the expanded
metropolitan region.
2. The community must have a demonstrated understanding of and commitment to the principles of quality
growth.
3. The application should include an overview of growth conditions in the community, as well as assets and
challenges to implementing quality growth policies and plans. The application should also specify the type of
assistance being requested (i.e. the development of an ordinance, a quality growth audit and
recommendations, etc.) and how it will be applied.
4. The community must have a specific, clearly defined project, and there must be a clear role for a team to assist
with implementing the project. Applicants must describe the project, discuss how it relates to local and regional
growth, and explain how its success would affect the community’s environmental, social, and economi c health.
5. The community may be asked to form a local team to work with the ARC team and to follow up on the technical
assistance. This team should include representatives from a variety of sectors of the community, including
public, private and nonprofit partners.
6. Elected officials – mayors, county commissioners, city council members – must support this project and be
committed to its success. The response to this request for applications will require a letter of support from
the primary elected official in the community, as well as a list of other elected officials who support it.
Important Dates
Applications Distributed: February 2010
Application Deadline: March 5, 2010
Recipients Notified: March 26, 2010
Data and information collection from selected communities: April 2010
Initial meetings with elected bodies: May 2010
Assistance begins: June 2010
The City of Milton is requesting technical assistance from the ARC Community Choices team to
review our sign ordinance and work with our staff and a team of local stakeholders to
recommend and implement changes that would facilitate our firm quality growth objectives.
There are several quality growth objectives that are currently adversely affected by our sign
ordinance. Your assistance is needed to help with achieving our goals of:
improving our growth preparedness and ability to attract the most appropriate businesses to
our community;
improving the viability of businesses and their economic advantage in Milton without
encouraging sign blight or visual clutter;
maintaining a sense of place and protecting our traditional agricultural/equestrian
neighborhoods through the use of coordinated sign programs;
improving the usability and accessibility of our bike and pedestrian trail facilities through
appropriate directional signage and markings;
A full review of the current sign ordinance will identify inconsistencies with the quality growth
objectives and lead to suitable and context sensitive changes that would attract quality growth
development, while maintaining Milton’s rural character.
City of Milton
13000 Deerfield Parkway Suite 1070 Milton, GA 30004
Mayor Joe Lockwood
March 4, 2010
Kellie Brownlow
Atlanta Regional Commission
Community Choices
40 Courtland St. NE
Atlanta, GA 30303
Dear Kellie Brownlow;
I am writing this letter to convey my support for this application for ABC's assistance for the
Sign Ordinance review.
The Mayor, City Council and residents of Milton, agree that changes should be made to the sign
ordinance in order to achieve our goals for quality growth. During this slowed economy, it
seems fitting to take the time to prepare for the next wave of development, and ensure that
proper ordinances that promote Milton's vision for more quality growth are in place.
The Elected Officials and the residents of Milton are committed to creating a sign ordinance that
serves to accommodate businesses as well as residents.
Your favorable consideration is appreciated.
Joe Lockwood, Mayor
City of Milton, GA Community Choices 2010
BEE
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Community Choices
COMMUNITY CHOICES 2010 IMPLEMENTATION ASSISTANCE APPLICATION
SIGNATURE SHEET
("This sheet must be included along with an online application)
In order to demonstrate full commitment to implementation, the completed application must be
signed by the chief elected official in your jurisdiction. Applications will not be accepted without this
signature. All other elected officials are also encouraged to sign the application as a show of support
for the effort.
Jurisdiction City of Milton GA
Joe Lockwood Mayor
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Joe Longoria
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Alan Tart
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Please Mail this Sheet and any Supplemental Materials* to:
Atlanta Regional Commission
Community Choices
ATTN: KELLIE BROWNLOW
40 Courtland St. NE, Atlanta, GA 30303
kbrownlow@atlanta reeionai.com
*Supplemental Materials may include plans, amendments, newspaper articles, brochures and/or
other materials that demonstrate community commitment
PLEASE INCLUDE NO MORE THAN 3 SUPPLEMENTAL MATERIALS PER APPLICATION