HomeMy WebLinkAbout08-02-10 PacketPage 1 of 3
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, August 2, 2010 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Chaplain Remco Brommet, Chaplain for Milton Police and Fire
CALL TO ORDER
1) ROLL CALL
2) PLEDGE OF ALLEGIANCE (Led by the Mayor)
3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 10-1190)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the July 7, 2010 Regular Council Meeting Minutes.
(Agenda Item No. 10-1191)
(Sudie Gordon, Interim City Clerk)
2. Approval of the July 12, 2010 Special Called Meeting Minutes.
(Agenda Item No. 10-1192)
(Sudie Gordon, Interim City Clerk)
3. Approval of the July 12, 2010 Work Session Minutes.
(Agenda Item No. 10-1193)
(Sudie Gordon, Interim City Clerk)
4. Approval of the July 19, 2010 Regular Council Meeting Minutes.
(Agenda Item No. 10-1194)
(Sudie Gordon, Interim City Clerk)
MILTON CITY COUNCIL REGULAR MEETING AGENDA AUGUST 2, 2010 – 6:00 PM
Page 2 of 3
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.
5. Approval of Contracts Not to Exceed a total of $1,120,980 for Road Reconstruction with
Blount Construction Company and $29,276 for Construction Inspection with Kimley
Horn & Associates, Inc.
(Agenda Item No. 10-1195)
(Carter Lucas, Public Works Director)
6) REPORTS AND PRESENTATIONS (None)
7) FIRST PRESENTATION
1. ZM10-02 – A request by JSB Triangle, Inc., located on Morris Road and Bethany
Bend, Hidden Forest Subdivision to modify 2002Z-105 and 2003ZM-067/2003VC-
0247 to modify Condition 2.a. (2003ZM-067) by deleting the March 28, 2003 site
plan currently referenced and substituting and placing in lieu thereof the site plan
filed on June 30, 2010. To modify condition 3.e. (2002Z-105) by reducing the
minimum 50-foot perimeter principal building setback to 35 feet where the subject
site adjoins property zoned AG-1 (Agricultural).
(Agenda Item No. 10-1196)
(Lynn Tully, Community Development Director)
2. RZ10-02 – To delete or amend the following sections of the City of Milton Zoning
Ordinance to be consistent with the City of Milton Telecommunications Ordinance;
1) Sec. 64-74 - Nonconforming lots, uses and structures;
2) Sec. 64-1097 - Miscellaneous provisions of the State Route 9 Overlay District;
3) Sec. 64-1592 - Alternative antenna support structure to exceed the district
height;
4) Sec 64-1594 – Antenna, tower and associated structures (radio, T.V., microwave
broadcasting, etc.) to exceed the district height (O-I, C-1, M-1A, M-1, M-2);
5) Sec 64-1801 – Antenna tower and associated structure (radio, T.V., microwave
broadcasting, etc.) to exceed the district height (Residential districts, MIX and
AG-1).
(Agenda Item No. 10-1197)
(Lynn Tully, Community Development Director)
3. RZ10-03 – To amend Sec. 64-1606(a) of the City of Milton Zoning Ordinance,
Roadside produce stands to include MIX (Mixed Use).
(Agenda Item No. 10-1198)
(Lynn Tully, Community Development Director)
8) PUBLIC HEARINGS (None)
MILTON CITY COUNCIL REGULAR MEETING AGENDA AUGUST 2, 2010 – 6:00 PM
Page 3 of 3
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.
9) ZONING AGENDA (None)
10) UNFINISHED BUSINESS
1. Approval of an Ordinance to Replace Chapter 54, Regulating the Location, Placement
and Leasing of Wireless Telecommunications Facilities.
(Agenda Item No. 10-1161)
(Previously Discussed at June 14, 2010 Council Work Session)
(First Presentation on June 21, 2010 Regular Council Meeting)
(Deferred from July 7, 2010 Regular Council Meeting)
(Lynn Tully, Community Development Director)
11) NEW BUSINESS
1. Approval of a Resolution Appointing Members to the Historic Preservation Commission
for the City of Milton Pursuant to Ordinance No. 10-06-65.
(Agenda Item No. 10-1199)
(Presented by Lynn Tully, Community Development Director)
2. Approval of a Facility Use Agreement between the City of Milton and Hopewell Youth
Association for the Purpose of Providing a Youth Baseball Program at Bell Memorial
Park.
(Agenda Item No. 10-1200)
(Presented by Cyndee Bonacci, Parks and Recreation Director)
3. Approval of a Resolution to Adopt Procedures for Zoning Text Amendments and
Ordinances.
(Agenda Item No. 10-1201)
(Previously Discussed at July 12, 2010 Work Session)
(Presented by Lynn Tully, Community Development Director)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
14) EXECUTIVE SESSION (If needed)
15) ADJOURNMENT
(Agenda Item No. 10-1202)
The minutes will be
Provided
electronically
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE – Public Works Director
Date: July 20, 2010 for the August 2, 2010 Council meeting
Agenda Item: Approval of contracts not to exceed $1,120,980 for road reconstruction with
Blount Construction Company and $29,276 for construction inspection with
Kimley Horn & Associates, Inc.
Background:
In accordance with the city’s pavement management plan an ITB was issued to seek qualified
contractors for the reconstruction of the following roads:
a) Hickory Flat Road from the city limit to SR 372
b) Morris Road from Webb Road to McGinnis Ferry
c) Thompson Road from Hopewell Road to 14915 Thompson Road
Discussion:
The Invitation to Bid (ITB) was issued in compliance with the city’s purchasing policy and five
(5) bids were received ranging in value from $1,080,702.50 to $1,226,365.25.
The ITB specified a minimum amount of experience necessary for the contractor to perform this
type of reconstruction work. In review of the bids it was determined that the two lowest bidders
did not have the necessary experience to meet the bid specifications; therefore, staff is
recommending award of the contract to the lowest responsible bidder, Blount Construction
Company Inc., in an amount not to exceed $1,120,980.00.
Staff is also recommending the award of Task Order 10-KHA-02 to Kimley Horn & Associates,
Inc. in an amount not to exceed $29,276 to provide construction inspection services for this
project as part of the city’s on-call services contract (RFQ #08-001).
This work will be funded through our citywide Pavement Management and Construction
Inspection budgets and these contracts will not cause us to overspend that budget account.
Legal Review:
Paul Higbee, Jarrard & Davis on 7/20/2010
Attachments:
1. 10-PW4 Road Reconstruction Contract
2. Task Order 10-KHA-02 for Construction Inspection Services
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The City of Milton requires 51% participation by the Prime
Contractor on all projects.
This Road Reconstruction Agreement (the “Agreement”) is made and entered into this
____ day of _______________, 2010, by and between the CITY OF MILTON, a municipal
corporation of the State of Georgia, acting by and through its governing authority, the Milton
City Council (hereinafter referred to as the “City”), and Blount Construction Company, Inc, a
corporation with its principal place of business located at 1730 Sands Place Marietta, Georgia
30067 (hereinafter referred to as the “Contractor”).
W I T N E S S E T H :
WHEREAS, the City issued a Invitation to Bid (ITB 10-PW04), dated June 1, 2010, to
solicit bids for the FY10 Reconstruction Projects (Hickory Flat Rd, Thompson Rd, Morris Rd);
and
WHEREAS, based upon Contractor‟s bid to construct, install and provide the road
reconstruction services as outlined in the ITB, the City has selected Contractor as the winning
bidder, and
WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement,
according to the terms and conditions provided in this Agreement; and
WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract
Documents, the Project, and the Work, with all local conditions and federal, state and local laws,
ordinances, rules and regulations in any manner that may affect cost, progress or performance of
work, and Contractor is aware that he must be licensed to do business in the State of Georgia.
NOW THEREFORE, the City and Contractor, in consideration of the mutual promises
contained herein and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, agree as follows:
Section 1. Contract Documents
The following documents are incorporated herein by reference and constitute the
Contract Documents:
A. This Agreement (17 Pages);
B. Invitation to Bid ITB 10-PW4 (63 Pages), attached hereto as Exhibit “A”;
C. Proposal and Bid from Contractor dated June 22, 2010 (13 Pages), attached hereto
as Exhibit “B”;
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D. Performance and Other Bonds, attached hereto collectively as Exhibit “C”;
E. Contractor agrees to abide by the current edition of GDOT standard specifications
of construction transportation systems.
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 as defined in Chapter 2, Article VIII, Ethics Code
of the City of Milton Code of Ordinances.
H. Affidavit for the Contractor pursuant to O.C.G.A. Sections 32-4-122 and 36-91-
21(e). The affidavit must be supplied by all officers, agents, or other persons who
may have acted for or represented the contractor in bidding for or procuring the
contract, attached hereto as Exhibit “G”.
In the event of any conflict among Exhibit 'A,' Exhibit 'B' and/or this Agreement, that provision
operating most to the benefit of City shall prevail.
Section 2. Project Description
The Project is defined generally as follows: FY10 Reconstruction Projects (Hickory Flat
Rd, Thompson Rd, Morris Rd).
Section 3. The Work
The Work is specified and indicated in the Contract Documents (the “Work”). The Work
previously described includes all material, labor, insurance, tools, equipment, and any other
miscellaneous items necessary to complete the Work as described. Contractor shall complete the
Work in strict accordance with the Contract Documents.
Section 4. Contract Time
Contractor agrees to complete the Project within 100 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 unit prices, as stated in the bid schedule provide by Contractor
and attached hereto, multiplied by actual quantities provided to the City at the City‟s request.
The quantities stated in the bid schedule were only estimates. The unit prices in the bid schedule
will not increase based on a change in quantity of units actually requested by the City. The City
shall pay Contractor net thirty (30) days from the date of invoice for units provided to the City
during the invoice period; all invoices shall include an itemized list of units provided and prices
for each class of unit. No payments will be made for unauthorized work. Upon the City‟s
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certification of Final Completion of the Project, an invoice should be submitted to City of Milton
13000 Deerfield Parkway Suite 107G Milton, GA, 30004 for approval. Payment will be sent to
the designated address by U. S. Mail only; payment will not be hand-delivered.
Section 6. Work Changes
A. The City reserves the right to order changes in the Work to be performed under
this Agreement by altering, adding to, or deducting from the Work. All such
changes shall be incorporated in written change orders executed by the Contractor
and the City. Such change orders shall specify the changes ordered and any
necessary adjustment of compensation and completion time. If the Parties cannot
reach an agreement on the terms for performing the changed work within a
reasonable time to avoid delay or other unfavorable impacts as determined by the
City in its sole discretion, the City shall have the right to determine reasonable
terms and the Contractor shall proceed with the changed work.
B. Any work added to the scope of this Agreement by a change order shall be
executed under all the applicable conditions of this Agreement. No claim for
additional compensation or extension of time shall be recognized, unless
contained in a written change order duly executed on behalf of the City and the
Contractor.
C. The City Manager has authority to execute without further action of the Milton
City Council, any number of change orders so long as their total effect does not
materially alter the terms of this Agreement or materially increase the total
amount to be paid under this Agreement. Any such change orders materially
altering the terms of this Agreement or increasing the total amount to be paid
under this Agreement in excess of $50,000, must be approved by resolution of the
Milton City Council.
Section 7. Covenants of Contractor.
A. Ethics Code
Contractor agrees that it shall not engage in any activity or conduct that would be
in violation of the City of Milton Code of Ethics.
B. Time is of the Essence
Contractor specifically acknowledges that TIME IS OF THE ESSENCE for
completion of the Project.
C. Expertise of Contractor
Contractor accepts the relationship of trust and confidence established between it
and the City, recognizing that the City‟s intention and purpose in entering into this
Agreement is to engage an entity with the requisite capacity, experience, and
professional skill and judgment to provide the services in pursuit of the timely and
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competent completion of the Work undertaken by Contractor under this
Agreement.
D. Budgetary Limitations
Contractor agrees and acknowledges that budgetary limitations are not a
justification for breach of sound principals of Contractor‟s profession and
industry. Contractor shall take no calculated risk in the performance of the Work.
Specifically, Contractor agrees that, in the event it cannot perform the Work
within the budgetary limitations established without disregarding sound principals
of Contractor‟s profession and industry, Contractor will give written notice
immediately to the City.
E. City‟s Reliance on the Work
The Contractor acknowledges and agrees that the City does not undertake to
approve or pass upon matters of expertise of the Contractor and that, therefore,
the City bears no responsibility for Contractor‟s services performed under this
Agreement. The Contractor acknowledges and agrees that the acceptance of
Work by the City is limited to the function of determining whether there has been
compliance with what is required to be produced under this Agreement. The City
will not, and need not, inquire into adequacy, fitness, suitability or correctness of
Contractor‟s performance. Contractor further agrees that no approval of designs,
plans, specifications, or work by any person, body or agency shall relieve
Contractor of the responsibility for adequacy, fitness, suitability, and correctness
of Contractor‟s professional and industry standards or for performing services
under this Agreement in accordance with sound and accepted professional and
industry principals.
F. Contractor‟s Reliance of Submissions by the City
Contractor must have timely information and input from the City in order to
perform the services required under this Agreement. Contractor is entitled to rely
upon information provided by the City, but Contractor shall be required to
provide immediate written notice to the City if Contractor knows or reasonably
should know that any information provided by the City is erroneous, inconsistent,
or otherwise problematic.
G. Contractor‟s Representative
______________________ shall be authorized to act on Contractor‟s behalf with
respect to the Work as Contractor‟s designated representative.
H. Assignment of Agreement
The Contractor covenants and agrees not to assign or transfer any interest in, nor
delegate any duties of this Agreement, without the prior express written consent
of the City.
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I. Responsibility of Contractor and Indemnification of City
The Contractor covenants and agrees to take and assume all responsibility for the
services rendered in connection with this Agreement. The Contractor shall bear all
losses and damages directly or indirectly resulting to it on account of the
performance or character of the services rendered pursuant to this Agreement.
Contractor shall defend, indemnify and hold harmless the City, its officers,
boards, commissions, elected and appointed officials, employees and agents from
and against any and all claims, suits, actions, liability, judgments, damages,
losses, and expenses, including but not limited to, attorney‟s fees, which may be
the result of willful, negligent or tortuous conduct arising out of the Work,
performance of contracted services, or operations by the Contractor, any
subcontractor, anyone directly or indirectly employed by the Contractor or
subcontractor or anyone for whose acts the Contractor or subcontractor may be
liable, regardless of whether or not the negligent act is caused in part by a party
indemnified hereunder. Such obligation shall not be construed to negate,
abridge, or otherwise reduce any other right or obligation of indemnity which
would otherwise exist as to any party or person described in this provision. In any
and all claims against the City or any of its agents or employees, by any employee
of the Contractor, any subcontractor, anyone directly or indirectly employed by
the Contractor or subcontractor or anyone for whose acts the Contractor or
subcontractor may be liable, the indemnification obligation set forth in this
provision shall not be limited in any way by any limitation on the amount or type
of damages, compensation or benefits payable by or for the Contractor or any
subcontractor under workers‟ or workmen‟s compensation acts, disability benefit
acts or other employee benefit acts. This obligation to indemnify and defend the
City, its members, officers, agents, employees and volunteers shall survive
termination of this Agreement.
J. Independent Contractor
Contractor hereby covenants and declares that it is engaged in an independent
business and agrees to perform the services as an independent contractor and not
as the agent or employee of the City. The Contractor agrees to be solely
responsible for its own matters relating to the time and place the services are
performed; the instrumentalities, tools, supplies and/or materials necessary to
complete the services; hiring of Contractors, agents or employees to complete the
services; and the payment of employees, including compliance with Social
Security, withholding and all other regulations governing such matters. The
Contractor agrees to be solely responsible for its 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.
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The Contractor shall obtain and maintain, at the Contractor‟s expense, all permits,
licenses, or approvals that may be necessary for the performance of the services.
The Contractor shall furnish copies of all such permits, licenses, or approvals to
the City of Milton Representative within ten (10) days after issuance.
Inasmuch as the City of Milton and the Contractor are contractors independent of
one another, neither has the authority to bind the other to any third person or
otherwise to act in any way as the representative of the other, unless otherwise
expressly agreed to in writing signed by both parties hereto. The Contracto r
agrees not to represent itself as the City‟s agent for any purpose to any party or to
allow any employee of the Contractor to do so, unless specifically authorized, in
advance and in writing, to do so, and then only for the limited purpose stated in
such authorization. The Contractor shall assume full liability for any contracts or
agreements the Contract enters into on behalf of the City of Milton without the
express knowledge and prior written consent of the City.
K. Insurance
(1) Requirements: The Contractor shall have and maintain in full force and
effect for the duration of this Agreement, insurance insuring against
claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the Work by the
Contractor, its agents, representatives, employees or subcontractors. All
policies shall be subject to approval by the City Attorney to form and
content. These requirements are subject to amendment or waiver if so
approved in writing by the City Manager.
(2) Minimum Limits of Insurance: Contractor shall maintain limits no less
than:
(a) Comprehensive General Liability of $1,000,000 combined single
limit per occurrence for bodily and personal injury, sickness,
disease or death, injury to or destruction of property, including loss
of use resulting there from.
(b) Comprehensive Automobile Liability (owned, non-owned, hired)
of $1,000,000 combined single limit per occurrence for bodily and
personal injury, sickness, disease or death, injury to or destruction
of property, including loss of use resulting there from.
(c) Professional Liability of $1,000,000 limit for claims arising out of
professional services caused by the Contractor‟s errors, omissions,
or negligent acts.
(d) Workers' Compensation limits as required by the State of Georgia
and employers Liability limits of $1,000,000 per accident.
(3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured
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retentions must be declared to and approved by the City.
(4) Other Insurance Provisions: The policy is to contain, or be endorsed to
contain, the following provisions:
(a) General Liability and Automobile Liability Coverage.
(i) The City, its officials, employees, agents and volunteers are
to be covered as insured as respects: liability arising out of
activities performed by or on behalf of the Contractor;
products and completed operations of the Contractor;
premises owned, leased, or used by the Contractor;
automobiles owned, leased, hired, or borrowed by the
Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the City,
its officials, employees, agents or volunteers.
(ii) The Contractor‟s insurance coverage shall be primary
noncontributing insurance as respects to any other
insurance or self-insurance available to the City, its
officials, employees, agents or volunteers. Any insurance or
self-insurance maintained by the City, its officials,
employees or volunteers shall be excess of the Contractor‟s
insurance and shall not contribute with it.
(iii) Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to the City, its
officials, employees, agents or volunteers.
(iv) Coverage shall state that the Contractor‟s insurance shall
apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of
the insurer's liability.
(v) Coverage shall be provided on a “pay on behalf” basis,
with defense costs payable in addition to policy limits.
There shall be no cross liability exclusion.
(vi) The insurer agrees to waive all rights of subrogation against
the City, its officials, employees, agents and volunteers for
losses arising from work performed by the Contractor for
the City.
(vii) All endorsements to policies shall be executed by an
authorized representative of the insurer.
(b) Workers' Compensation Coverage: The insurer will agree to waive
all rights of subrogation against the City, its officials, employees,
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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 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.
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L. Employment of Unauthorized Aliens Prohibited
It is the policy of the City of Milton that unauthorized aliens shall not be
employed to perform work on City contracts involving the physical performance
of services. Therefore, the City shall not enter into a contract for the physical
performance of services within the State of Georgia, unless the Contractor shall
provide evidence on City-provided forms, attached hereto as Exhibits “E” and “F”
that it and Contractor‟s subcontractors have within the previous twelve (12)
month period conducted a verification of the social security numbers of all
employees who will perform work on the City contract to ensure that no
unauthorized aliens will be employed. The City Manager or his/her designee
shall be authorized to conduct an inspection of the Contractor‟s and Contractor‟s
subcontractors‟ verification process to determine that the verification was correct
and complete. The Contractor and Contractor‟s subcontractors shall retain all
documents and records of its verification process for a period of three (3) years
following completion of the contract. This requirement shall apply to all
contracts for the physical performance of services where more than three (3)
persons are employed on the City contract.
The City Manager or his/her designee shall further be authorized to conduct
periodic inspections to ensure that no City Contractor or Contractor‟s
subcontractors employ unauthorized aliens on City contracts. By entering into a
contract with the City, the Contractor and Contractor‟s subcontractors agree to
cooperate with any such investigation by making its records and personnel
available upon reasonable notice for inspection and questioning. Where a
Contractor or Contractor‟s subcontractors are found to have employed an
unauthorized alien, the City Manager or his/her designee may order the
Contractor to terminate or require its subcontractor to terminate that person‟s
employment immediately and to report same to the Department of Homeland
Security. The Contractor‟s failure to terminate the employee, or otherwise
cooperate with the investigation may be sanctioned by termination of the contract,
and the Contractor shall be liable for all damages and delays occasioned by the
City thereby.
Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02
is mandatory.
Contractor agrees that, in the event the Contractor employs or contracts with any
subcontractor(s) in connection with this Agreement, the Contractor will secure
from the subcontractor(s) such subcontractor(s‟) indication of the above
employee-number category that is applicable to the subcontractor.
Contractor‟s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule
300-10-1-.02 shall be attested by the execution of the contractor‟s affidavit
attached as Exhibit “E.”
The above requirements shall be in addition to the requirements of State and
federal law, and shall be construed to be in conformity with those laws.
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M. Records, Reports and Audits
(1) Records:
(a) Records shall be established and maintained by the Contractor in
accordance with requirements prescribed by the City with respect
to all matters covered by this Agreement. Except as otherwise
authorized, such records shall be maintained for a period of three
years from the date that final payment is made under this
Agreement. Furthermore, records that are the subject of audit
findings shall be retained for three years or until such audit
findings have been resolved, whichever is later.
(b) All costs shall be supported by properly executed payrolls, time
records, invoices, contracts, or vouchers, or other official
documentation evidencing in proper detail the nature and propriety
of the charges. All checks, payrolls, invoices, contracts, vouchers,
orders or other accounting documents pertaining in whole or in
part to this Agreement shall be clearly identified and readily
accessible.
(2) Reports and Information: Upon request, the Contractor shall furnish to the
City any and all statements, records, reports, data and information related
to matters covered by this Agreement in the form requested by the City.
(3) Audits and Inspections: At any time during normal business hours and as
often as the City may deem necessary, there shall be made available to the
City for examination all records with respect to all matters covered by this
Agreement. The Contractor will permit the City to audit, examine, and
make excerpts or transcripts from such records, and to audit all contracts,
invoices, materials, payrolls, records of personnel, conditions of
employment and or data relating to all matters covered by this Agreement.
N. Conflicts of Interest
Contractor agrees that it shall not engage in any activity or conduct that would
result in a violation of the City of Milton Code of Ethics.
O. 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
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such confidential information. The Contractor agrees that confidential
information it receives or such reports, information, opinions or conclusions that
Contractor creates under this Agreement shall not be made available to, or
discussed with, any individual or organization, including the news media, without
prior written approval of the City. The Contractor shall exercise reasonable
precautions to prevent the unauthorized disclosure and use of City information
whether specifically deemed confidential or not.
P. Compliance with Laws Regulating Illegal Aliens
The United States Congress enacted the Immigration Reform and Control Act of
1986 (IRCA), P.L. 99-603, which required the former Immigration and
Naturalization Service (now the Department of Homeland Security) to establish a
system for verifying the immigration status of non-citizen applicants for, and
recipients of, certain types of federally funded benefits, and to make the system
available to Federal, State, and local benefit-issuing agencies and institutions that
administer such benefits.
The Contractor covenants and declares that it is enrolled in the Basic Employment
Verification Pilot Program, and that it has verified the employment eligibility of
all its employees utilizing such program. Contractor shall likewise require all
subcontractors or sub-consultants to verify the employment eligibility of all their
respective employees utilizing the Basic Employment Verification Pilot Program.
Contractor shall provide documentation prior to commencing work under this
Agreement, in a form acceptable to the City of Milton, affirming the Contractor‟s
compliance with this Section.
Q. Licenses, Certifications and Permits
The Contractor covenants and declares that it has obtained all diplomas,
certificates, licenses, permits or the like required of the Contractor by any and all
national, state, regional, 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.
R. Key Personnel
All of the individuals identified in Exhibit “D” are necessary for the successful
prosecution of the Work due to their unique expertise and depth and breadth of
experience. There shall be no change in Contractor‟s Project Manager or members
of the project team, as listed in Exhibit “D”, 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
12
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 subcontractor upon
completion or termination of the work shall be delivered immediately to the City.
The Contractor assumes all risk of loss, damage or destruction of or to such
materials. If any materials are lost, damaged or destroyed before final delivery to
the City, the Contractor shall replace them at its own expense. Any and all
copyrightable subject matter in all materials is hereby assigned to the City and the
Contractor agrees to execute any additional documents that may be necessary to
evidence such assignment.
U. Meetings
The Contractor is required to meet with the City‟s personnel, or designated
representatives, to resolve technical or contractual problems that may occur
during the term of the contract, at no additional cost to the City. Meetings will
occur as problems arise and will be coordinated by the City. The Contractor will
be given a minimum of three full working days notice of meeting date, time, and
location. Face-to-face meetings are desired. However, at the Contractor‟s option
and expense, a conference call meeting may be substituted. Consistent failure to
participate in problem resolution meetings, two consecutive missed or
rescheduled meetings, or to make a good faith effort to resolve problems, may
result in termination of the contract.
Section 8. Covenants of the City
A. Right of Entry
The City shall provide for right of entry for Contractor and all necessary
equipment to the City of Milton, in order for Contractor to complete the Work.
13
B. City‟s Representative
Matt Fallstrom shall be authorized to act on the City‟s behalf with respect to the
Work as the City‟s designated representative
Section 9. Warranty
Except as may be otherwise specified or agreed, the Contractor shall repair all
defects in materials, equipment, or workmanship appearing within one year from
the date of Final Completion of the Project at no additional cost to the City. An
inspection shall be conducted by the City or its representative(s) near the
completion of the one-year general warranty period to identify any issues that
must be resolved by the Contractor.
Section 10. Termination
A. The City may terminate this Agreement for convenience at any time upon written
notice to Contractor. In the event of a termination for convenience, Contractor
shall take immediate steps to terminate work as quickly and effectively as
possible and shall 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 Cit y shall give Contractor seven (7)
days written notice of its intent to terminate the Agreement and the reasons
therefore, and, if Contractor, or its Surety, fails to cure the default within that
period, the termination shall take place without further notice. The City shall then
make alternative arrangements for completion of the Project and deduct the cost
of completion from the unpaid Contract Price. The City will make no payment to
the Contractor or its Surety until all costs of completing the Project are paid. If
the unpaid balance of the amount due the Contractor, according to this agreement,
exceeds the cost of finishing the Project, the Contractor or its Surety will receive
the applicable funds due. If the costs of completing the Project exceed th e unpaid
balance, the Contractor or its Surety will pay the difference to the City.
C. If the City terminates this Agreement for cause, and it is later determined that the
City did not have grounds to do so, the termination will be treated as a termination
for convenience under the terms of this Section (A) above.
D. Upon termination, the Contractor shall: (1) promptly discontinue all services
affected, unless the notice directs otherwise; and (2) promptly deliver to the City
all data, drawings, reports, summaries, and such other information and materials
as may have been generated or used by the Contractor in performing this
Agreement, whether completed or in process, in the form specified by the City.
14
E. The rights and remedies of the City and the Contractor provided in this Section
are in addition to any other rights and remedies provided under this Agreement or
at law or in equity.
Section 11. Miscellaneous
A. Complete Agreement. This Agreement contains all of the understandings and
agreements of whatsoever kind and nature existing between the parties hereto
with respect to the subject matter contained herein.
B. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of Georgia.
C. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original, but all of which together shall
constitute one and the same instrument.
D. Invalidity of Provisions. Should any part of this Agreement for any reason be
declared by any court of competent jurisdiction to be invalid, such decision shall
not affect the validity of any remaining portion, which remaining portion shall
continue in full force and effect as if this Agreement had been executed with the
invalid portion hereof eliminated, it being the intention of the parties that they
would have executed the remaining portion of this Agreement without including
any such part, parts or portions which may for any reason be hereafter declared
invalid.
E. Notice. All notices requests, demands and other communications hereunder shall
be in writing and shall be deemed received, and shall be effective when personally
delivered or on the third day after the postmark date when mailed by certified
mail, postage prepaid, return receipt requested or upon actual delivery when sent
via national overnight commercial carrier to the parties at the addresses given
below, unless a substitute address shall first be furnished to the other parties by
written notice in accordance herewith:
NOTICE TO CITY shall be sent to:
City of Milton
13000 Deerfield Parkway
Suite 107
Milton, Georgia 30004
Attention: City Manager
NOTICE TO CONTRACTOR shall be sent to:
Blount Construction Company, Inc.
1730 Sands Place
Marietta, Georgia 30067
15
F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to
be a waiver of the City‟s sovereign immunity or any individual‟s qualified good
faith or official immunities.
G. Force Majeure. Neither the City nor Contractor shall be liable for their respective
non-negligent or non-willful failure to perform or shall be deemed in default with
respect to the failure to perform (or cure a failure to perform) any of their
respective duties or obligations under this Agreement or for any delay in such
performance due to: (i) any cause beyond their respective reasonable control; (ii)
any act of God; (iii) any change in applicable governmental rules or regulations
rendering the performance of any portion of this Agreement legally impossible;
(iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding
strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or
failure to act by any governmental or military authority; or (vii) any war, hostility,
embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event,
the time for performance shall be extended by an amount of time equal to the
period of delay caused by such acts and all other obligations shall remain intact.
H. Headings. All headings herein are inserted only for convenience and ease of
reference and are not to be considered in the construction or interpretation of any
provision of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
under seal as of the date first above written.
[Blount Construction Company, Inc.]
By: ____________________________________
Its: ____________________________________
[CORPORATE SEAL]
SIGNED, SEALED, AND DELIVERED
in the presence of:
_____________________________
Witness
_____________________________
Notary Public
[NOTARY SEAL]
My Commission Expires:
________________________
16
Attorney _____________
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 Duplicate _______________________________ of 2
17
EXHIBIT “A”
ITB 10-PW4
18
CITY OF MILTON
INVITATION TO BID
(THIS IS NOT AN ORDER)
Bid Number:
10-PW4
Project Name:
FY10 Reconstruction Projects (Hickory Flat Rd, Thompson Rd, Morris
Rd)
Due Date and Time:
June 22nd 2010
Local Time: 2:00pm
Number of Pages: 63
ISSUING DEPARTMENT INFORMATION
Issue Date:
June 1th 2010
City of Milton
Public Works Department
13000 Deerfield Pkwy, Suite 107G
Milton, Ga. 30004
Phone: 678-242-2500
Fax: 678-242-2499
Website: www.cityofmiltonga.us
INSTRUCTIONS TO BIDDERS
Return Submittal to:
City of Milton
Attn: Rick Pearce, Purchasing Office
13000 Deerfield Pkwy
Suite 107G
Milton, Ga. 30004
Mark Face of Envelope/Package:
Bid Number: 10-PW4
Name of Company or Firm
Special Instructions:
Deadline for Written Questions
TBD
Email(preferred) questions to Rick Pearce at
rick.pearce@cityofmiltonga.us or Fax
questions Attn: Rick Pearce at 678-242-2499
IMPORTANT: SEE STANDARD TERMS AND CONDITIONS
BIDDERS MUST COMPLETE THE FOLLOWING
Bidder Name/Address:
Authorized Bidder Signatory:
(Please print name and sign in ink)
Bidder Phone Number: Bidder FAX Number:
Bidder Federal I.D. Number: Bidder E-mail Address:
BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE
19
Table of Contents
Topic Page
Definitions 3
Invitation to Bid 4
Bid Form 5
Bidding Instructions (What must be submitted) 7
Insurance/Bond Requirements 7
Bonds 9
Bid
Payment
Performance
Maintenance
Qualifications Signature and Certification 21
Corporate Certificate 21
List of Subcontractors 22
Contract Agreement 23
General Conditions 42
EPD Air Quality Rules 47
Bid Schedule 48
Project Specifications 49
Bid Price Certification 60
Disclosure form 61
Schedule of Events 62
Site Map 63
20
DEFINITIONS
COMPW: City of Milton Public Works Department
GDOT: Georgia Department of Transportation
ENGINEER: The City of Milton Director of Public Works or a duly authorized representative.
ADA: Americans with Disabilities Act
EA: Each
GAL: Gallon
LF: Lineal Feet
LS: Lump Sum
SY: Square Yard
TN: Ton
MUTCD: Manual on Uniform Traffic Control Devices
OSHA: Occupational Safety and Health Administration
FHWA: Federal Highway Administration
AASHTO: American Association of State Highway and Transportation Officials
21
CITY OF MILTON
Invitation to Bid 10-PW4
The City of Milton is accepting sealed bids from qualified firms for a Resurfacing Construction
Project for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part
2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia
Department of Transportation‟s (GDOT) Standard Drawings, Standard Specifications, and Pay
Items Index as standards and specifications for the construction and completion of the work
required. All bidders must comply with all general and special requirements of the bid
information and instructions enclosed herein.
A pre-bid meeting will be conducted on June 11, 2010 at 10:00 am at the City of Milton Fire
Station 43 located at 750 Hickory Flat Road, Milton, GA 30004. The pre-bid meeting is highly
encouraged but not mandatory.
Sealed bids will be received no later than 2:00 PM Local Time on June 22nd. Sealed bids
shall be submitted to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield
Pkwy Suite 107G Milton, Ga. 30004.
At approximately 2:10 PM Local Time on June 22nd, 2010 bids will be publicly opened and the
bidder‟s name and total bid amount will be read aloud at: City of Milton Courthouse 13000
Deerfield Parkway Suite 107E Milton, GA 30004.
Bids received after the above time or in any other location other than the Purchasing Office will
not be accepted.
Bids shall be presented in a sealed envelope with the bid number (10-PW4) and the name of the
company or firm submitting clearly marked on the outside of the envelope. ONE (1)
ORIGINAL (PAPER) AND FOUR (4) COPIES (PAPER) AND A PDF COPY OF THE BID
ON CD MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email.
Questions must be in writing. For questions, please email (preferred) Rick Pearce at
rick.pearce@cityofmiltonga.us or fax questions to 678-242-2499 Attn: Rick Pearce. Deadline
for questions is June 14th, 2010 at 5:00pm. Official answers to questions and potential changes
to the ITB (Addendums) will be posted at the same web locations as the ITB on or about June
16th, 2010. Any other form of interpretation, correction, or change to this ITB will not be binding upon
the City. It is the bidder‟s responsibility to check the websites for potential updates. Please refer
to Bid (10-PW4) and bid name (FY10 Road Reconstruction Projects (Hickory Flat Rd, Thompson Rd,
Morris Rd) when requesting information.
The City of Milton reserves the right to reject any or all bids and to waive technicalities and
informalities, and to make award in the best interest of the City of Milton.
The selected contractor must be able to start work within ten (10) calendar days after the “Notice
to Proceed” is issued. The time of completion for the project is one hundred (100) calendar days
from the date of the “Notice to Proceed.” If weather affects the required completion schedule,
The City and selected contractor will negotiate a new completion date. Section 108.08 of the
State of Georgia Department of Transportation Standard Specifications Construction of
Transportation Systems (current edition) shall be applied.
22
BID FORM
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
TO: PURCHASING OFFICE
CITY OF MILTON
MILTON, GEORGIA 30004
Ladies and Gentlemen:
In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder,
proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary
machinery, tools, apparatus, other means of construction, and all materials and labor specified in
the Contract Documents or as necessary to complete the Work in the manner therein specified
within the time specified, as therein set forth, for:
Bid Number 10-PW4
FY10 Road Reconstruction Projects (Hickory Flat Rd, Thompson Rd, Morris Rd)
The Bidder has carefully examined and fully understands the Contract, Specifications, and other
documents hereto attached, has made a personal examination of the Site of the proposed Work,
has satisfied himself as to the actual conditions and requirements of the Work, and hereby
proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full
conformance with the Contract Documents.
Unless otherwise directed, all work performed shall be in accordance with the Georgia
Department of Transportation Standard Specifications, Construction of Transportation Systems
(current edition). All materials used in the process of completion of the work included in the
Contract will be furnished from Georgia Department of Transportation certified suppliers only.
It is the intent of this Bid to include all items of construction and all Work called for in the
Specifications, or otherwise a part of the Contract Documents.
In accordance with the foregoing, the undersigned proposes to furnish and construct the items
listed in the attached Bid schedule for the unit prices stated.
The Bidder agrees that the cost of any work performed, materials furnished, services provided or
expenses incurred, which are not specifically delineated in the Contract Documents but which
are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been
included in the prices bid for the various items scheduled.
The Bidder further proposes and agrees hereby to promptly commence the Work with adequate
forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to
complete all Work within one hundred (100) calendar days from the Notice to Proceed. If
weather affects the required completion schedule, The City and selected Bidder will negotiate a
new completion date.
23
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
Attached hereto is an executed Bid Bond _________________________________________
_______________in the amount of __________________ Dollars ($ (Five Percent of Amount
Bid).
If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a
satisfactory contract in the form of said proposed Contract, and give satisfactory Performance
and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten
days from the date of Notice of Award of the Contract, then the City of Milton may, at its
option, determine that the undersigned abandoned the Contract and there upon this bid shall be
null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of
Milton as liquidated damages.
Bidder acknowledges receipt of the following addenda:
Addendum No. Date viewed
_______________ _______________
_______________ _______________
_______________ _______________
_______________ _______________
Bidder further declares that the full name and resident address of Bidder‟s Principal is as
follows:
Signed, sealed, and dated this _______________ day of _____________________________
Bidder _______________________ (Seal)
Company Name
Bidder Mailing Address:
By:
Title:
By:
Title:
24
BIDDING INSTRUCTIONS
FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE
BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED:
1. Filled out and signed Invitation to Bid (Page 1)
2. City Bid Schedule (Page 48), City Bid Form (Page 5), and City Bid Bond (Page 9)
3. Applicable Compliance Specifications Sheets, and
4. Applicable Addenda Acknowledgement, (Page 6).
5. Qualification Signature and Certification (Page 21)
6. List of Subcontractors (Page 22)
7. Bid Price Certification (Page 60)
8. Disclosure Form (page 61)
9. Qualification sheet listing projects that meet the experience requirement along
with references (as stipulated on Page 49). Use your own form.
INFORMATION AND INSTRUCTIONS
The purpose of this solicitation is to enter into a firm fixed price “purchasing contract” with one
firm to be the primary supplier of the FY10 Road Reconstruction Projects (Hickory Flat Rd,
Thompson Rd, Morris Rd) 10-PW4.
No specification expressed or implied shall be construed as any type of restrictive specification
that would limit competition.
The City reserves the right to cancel the contract at any time with 30 days written notice.
Title to any supplies, materials, equipment or other personal property shall remain the
Contractors‟ until fully paid for by the City.
All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged.
Any damage to any building or traffic control device, or equipment incurred during the course of
work shall be repaired at the contractor‟s expense to the complete satisfaction of the City of
Milton with no additional expense to the City.
EVALUATION
The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor.
INSURANCE REQUIREMENTS
Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor
shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies
doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to
the City. Insurance requirements are included in the CONTRACT AGREEMENT (section K)
below.
25
BONDING REQUIREMENTS
Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms
are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City
of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project
strictly within the terms and conditions stated in this bid and in the bidding and contract
documents, should the construction contract be awarded.
The Successful Bidder shall be required to furnish bonds for the faithful performance on the
contract and a bond to secure payment of all claims for materials furnished and/or labor
performed in performance of the project, both in amounts equal to one hundred percent (100%)
of the contract price.
The Successful Bidder shall also be required to furnish a Maintenance Bond, in the amount of
one-third (1/3) of the contract price, guaranteeing the repair or replacement caused by defective
workmanship or materials for a period of one (1) year from the completion of construction.
Bonds shall be issued by a corporate surety appearing on the Treasury Department‟s most
current list (Circular 570 as amended) and be authorized to do business in the State of Georgia.
Bonds shall be on the forms provided by the City and subject to the review and approval of the
City Attorney.
Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall
execute Bond.
OATH
Prior to commencing the Work, the successful bidder shall execute a written oath as required by
O.C.G.A. §§ 32-4-122 and 36-91-21(e).
COST OF PREPARING A PROPOSAL
The costs for developing and delivering responses to this ITB and any subsequent presentations
of the proposal as requested by the City are entirely the responsibility of the bidder. The City is
not liable for any expense incurred by the bidder in the preparation and presentation of their
proposal. All materials submitted in response to this ITB become the property of the City of
Milton
26
BID BOND
CITY OF MILTON, GEORGIA
BIDDER (Name and Address):
SURETY (Name and Address of Principal Place of Business):
OWNER (hereinafter referred to as the “City” (Name and Address):
City of Milton, Georgia
ATTN: Purchasing Office
13000 Deerfield Parkway, Suite 107G
Milton, Georgia 30004
BID
BID DUE DATE:
PROJECT (Brief Description Including Location):
BOND
BOND NUMBER:
DATE (Not later that Bid due date):
PENAL SUM: ______________________
(Words) (Figures)
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to
the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on
its behalf by its authorized officer, agent or representative.
BIDDER SURETY
(Seal) (Seal)
Bidder‟s Name and Corporate Seal Surety‟s Name and Corporate Seal
By: By: ___________________________
Signature and Title: Signature and Title:
(Attach Power of Attorney)
Attest: Attest:_________________________
Signature and Title: Signature and Title:
Note: (1) Above addresses are to be used for giving any notice required by the terms of this
Bid Bond.
(2) Any singular reference to Bidder, Surety, the City or any other party shall be
considered plural where applicable.
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum
set forth on the face of this Bond.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required
by the Bidding Documents (or any extension of that time agreed to in writing by the City) the
executed Agreement required by the Bidding Documents and any performance and payment
Bonds required by the Bidding Documents.
3. This obligation shall be null and void if:
3.1 The City accepts Bidder‟s Bid and Bidder delivers within the time required by the
Bidding Documents (or any extension of that time agreed to in writing by the
City) the executed Agreement required by the Bidding Documents and any
performance and payment Bonds required by the Bidding Documents; or
3.2 All Bids are rejected by the City; or
3.3 The City fails to issue a Notice of Award to Bidder within the time specified in
the Bidding Documents (or any extension of that time agreed to in writing by
Bidder and, if applicable, consented to by Surety when required by paragraph 5
hereof).
4. Payment under this Bond will be due and payable upon Default by Bidder within 30
calendar days after receipt by Bidder and Surety of a written Notice of Default from the City,
which Notice will be given with reasonable promptness and will identify this Bond and the
Project and include a statement of the amount due.
5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time
extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that
the total time, including extensions, for issuing a Notice of Award shall not in the aggregate
exceed 120 days from Bid due date without Surety‟s written consent.
6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after
the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later
than one year after Bid due date.
7. Any suit or action under this Bond shall be commenced only in a court of competent
jurisdiction located in the State of Georgia.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their
respective addresses shown on the face of this Bond. Such notices may be sent by personal
delivery, commercial courier or by United States Registered or Certified Mail, return receipt
requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party
concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney
evidencing the authority of the officer, agent or representative who executed this Bond on behalf
of Surety to execute, seal and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any applicable
requirement of any applicable statute that has been omitted from this Bond shall be deemed to be
included herein as if set forth at length. If any provision of this Bond conflicts with any
applicable statute, then the provision of said statute shall govern and the remainder of this Bond
that is not in conflict therewith shall continue in full force and effect.
11. The term “Bid” as used herein includes a Bid, offer or proposal, as applicable under the
particular circumstances.
12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia.
PAYMENT BOND
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT (as
CONTRACTOR, hereinafter referred to as the “Principal”), and ___ (as
SURETY COMPANY, hereinafter referred to as the “CONTRACTOR‟S SURETY”), are held
and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the
“City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of
Dollars ($ ), lawful money of the United States of America, for the payment of
which the Principal and the Contractor‟s Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered, or is about to enter, into a certain written
agreement with the City, dated , which is incorporated herein by reference in
its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project
known as , (hereinafter referred to as “the
PROJECT”).
NOW THEREFORE, the condition of this obligation is such that if the Principal shall
promptly make payment to any Claimant, as hereinafter defined, for all labor, services and
materials used or reasonably required for use in the performance of the Contract, then this
obligation shall be void; otherwise to remain in full force and effect.
A “Claimant” shall be defined herein as any Subcontractor, person, Party, partnership,
corporation or other entity furnishing labor, services or materials used or reasonably required for
use in the performance of the Contract, without regard to whether such labor, services or
materials were sold, leased or rented, and without regard to whether such Claimant is or is not in
privity of the Contract with the Principal or any Subcontractor performing Work on the Project.
In the event of any claim made by the Claimant against the City, or the filing of a Lien
against the property of the City affected by the Contract, the Contractor‟s Surety shall either
settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in
the Contract.
The Parties further expressly agree that any action on this Bond may be brought within
the time allowed by Georgia law for suit on contracts under seal.
IN WITNESS WHEREOF, the Principal and Contractor‟s Surety have hereunto affixed
their corporate seals and caused this obligation to be signed by their duly authorized officers on
this day of , 20 .
(Name of Principal)
By:
Title: (SEAL)
(Signatures Continued on Next Page)
Attest:
______________________
Title:_________________
Date:__________________
(Name of Contractor’s Surety)
By:
Title: (SEAL)
Attest:
_____________________
Date:_________________
(ATTACH SURETY‟S POWER OF ATTORNEY)
PERFORMANCE BOND
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT (as
CONTRACTOR, hereinafter referred to as the “Principal”), and (as
SURETY COMPANY, hereinafter referred to as the “CONTRACTOR‟S SURETY”), are held
and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the
“City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of
Dollars ($ ), lawful money of the United States of America, for the payment of which
the Principal and the Contractor‟s Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered, or is about to enter, into a certain written
agreement with the City, dated the of , 20 which is incorporated
herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the
construction of a project known as ,
(hereinafter referred to as “the PROJECT”).
NOW THEREFORE, the conditions of this obligation are as follows:
1. That if the Principal shall fully and completely perform each and all of the terms,
provisions and requirements of the Contract, including and during the period of
any warranties or guarantees required thereunder, and all modifications,
amendments, changes, deletions, additions, and alterations thereto that may
hereafter be made, and if the Principal and the Contractor‟s Surety shall
indemnify and hold harmless the City from any and all losses, liability and
damages, claims, judgments, liens, costs and fees of every description, including
but not limited to, any damages for delay, which the City may incur, sustain or
suffer by reason of the failure or default on the part of the Principal in the
performance of any and all of the terms, provisions and requirements of the
Contract, including all modifications, amendments, changes, deletions, additions,
and alterations thereto and any warranties or guarantees required thereunder, then
this obligation shall be void; otherwise to remain in full force and effect;
2. In the event of a failure of performance of the Contract by the Principal, which
shall include, but not be limited to, any breach of default of the Contract:
a. The Contractor‟s Surety shall commence performance of its obligations
and undertakings under this Bond no later than thirty (30) days after
written notice from the City to the Contractor‟s Surety; and
b. The means, method or procedure by which the Contractor‟s Surety
undertakes to perform its obligations under this Bond shall be subject to
the advance written approval of the City.
The Contractor‟s Surety hereby waives notice of any and all modifications, omissions,
additions, changes and advance payments or deferred payments in or about the Contract, and
agrees that the obligations undertaken by this Bond shall not be impaired in any manner by
reason of any such modifications, omissions, additions, changes, and advance payments or
deferred payments. The Parties further expressly agree that any action on this Bond may be
brought within the time allowed by Georgia law for suit on contracts under seal.
IN WITNESS WHEREOF, the principal and Contractor‟s Surety have hereunto affixed
their corporate seals and caused this obligation to be signed by their duly authorized officers or
attorneys-in-fact, this day of , 20 .
(Name of Principal)
By: ___________
Title: (SEAL)
Attest:
_____________________
Title:________________
Date:_________________
(Name of Contractor’s Surety)
By:____ _____
Title: (SEAL)
Attest:
_____________________
Date:_________________
(ATTACH SURETY‟S POWER OF ATTORNEY)
PROJECT MAINTENANCE BOND
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT _________________________
(as CONTRACTOR, hereinafter referred to as the “Principal” located at [INSERT ADDRESS
AND PHONE NUMBER]), and _________________________ (as SURETY COMPANY,
hereinafter referred to as the “Contractor‟s Surety”), are held and firmly bound unto the City of
Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of the
City for maintenance of Streets as described below in the sum of ____________________
Dollars ($__________), lawful money of the United States of America, for the payment of which
the Principal and the Contractor‟s Surety bind themselves, their heirs, executors, adminis trators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered, or is about to enter, into a certain written
Agreement with the City, dated ____________________, which is incorporated herein by
reference in its entirety (hereinafter referred to as the “Agreement”), for the construction of
certain Streets as contemplated by that Project for [INSERT PROJECT NAME] (hereinafter
referred to as the “Project”); and
WHEREAS, said Project is to be approved by the City of Milton, under the terms that a
maintenance bond is required of said Principal and good and sufficient surety payable to the
City, and conditioned that the Principal shall, for a period of one (1) year beginning on
______________, maintain all streets (“Streets”) involved in said Project in accordance with all
applicable federal and state laws, with the Agreement, and with all applicable City regulations,
including but not limited to the Code of Ordinances for the City of Milton, Georgia, in force as
of the date of said approval.
NOW THEREFORE, the conditions of this obligation are as follows:
3. That if the Principal shall maintain the Streets as described above; and if the
Principal and the Contractor‟s Surety shall indemnify and hold harmless the City
from any and all losses, liability and damages, claims, judgments, liens, costs and
fees of every description, including but not limited to, any damages for costs of
maintenance of Streets, which the City may incur, sustain or suffer by reason of
the failure or default on the part of the Principal in the performance of any and all
of the terms, provisions and requirements described herein, then this obligation
shall be void; otherwise to remain in full force and effect;
4. In the event of a failure of performance by the Principal;
a. The Contractor‟s Surety shall commence performance of its obligations
and undertakings under this Bond no later than thirty (30) days after
written notice from the City to the Contractor‟s Surety;
b. The means, method or procedure by which the Contractor‟s Surety
undertakes to perform its obligations under this Bond shall be subject to
the advance written approval of the City.
The Parties further expressly agree that any action on this Bond may be brought within
the time allowed by Georgia law for suit on contracts under seal.
IN WITNESS WHEREOF, the Principal and Contractor‟s Surety have hereunto affixed
their corporate seals and caused this obligation to be signed by their duly authorized officers on
this ____ day of __________, 20___.
(Name of Principal)
By: ______________________________
Name, Title:________________________
(SEAL)
Attest:
By:______________________________
Name, Title:_______________________
Date: ____________________
(Name of Contractor’s Surety)
By: ______________________________
Name, Title:________________________
(SEAL)
Attest:
By:______________________________
Name, Title:_______________________
Date: ____________________
(ATTACH SURETY‟S POWER OF ATTORNEY)
QUALIFICATIONS SIGNATURE AND CERTIFICATION
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
I certify that this offer is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or
services and is in all respects fair and without collusion or fraud. I understand collusive bidding
is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage
awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign
this proposal for the proposer. I further certify that the provisions of the Official Code of
Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and
Sections 45-10-20 et seq. have not been violated and will not be violated in any respect.
Authorized Signature______________________________Date_______________________
Print/Type Name_________________________________
Print/Type Company Name Here_______________________________________________
CORPORATE CERTIFICATE
I, ___________________________________, certify that I am the Secretary of the Corporation
named as Contractor in the foregoing bid; that _______________________________________
who signed said bid in behalf of the Contractor, was then (title)_________________________
of said Corporation; that said bid was duly signed for and in behalf of said Corporation by
authority of its Board of Directors, and is within the scope of its corporate powers; that said
Corporation is organized under the laws of the State of
_________________________________.
This _________________ day of ________________, 20______
______________________________________(Seal)
(Signature)
LIST OF SUBCONTRACTORS
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
I do _________, do not _______, propose to subcontract some of the work on this project. I
propose to Subcontract work to the following subcontractors:
Company Name:___________________________________________________
REFERENCE ONLY
BIDDERS DO NOT RETURN THIS AGREEMENT WITH BID RESPONSE.
The City of Milton requires 51% participation by the Prime
Contractor on all projects.
This Reconstruction Agreement (the “Agreement”) is made and entered into this ____
day of _______________, 2010, by and between the CITY OF MILTON, a municipal
corporation of the State of Georgia, acting by and through its governing authority, the Milton
City Council (hereinafter referred to as the “City”), and ______________________________, a
_______________ corporation with its principal place of business located at
________________________________________ (hereinafter referred to as the “Contractor”).
W I T N E S S E T H :
WHEREAS, the City issued a Request For Bid (RFB __________), dated
____________________, to solicit bids for _______________________________________;
and
WHEREAS, based upon Contractor‟s bid to construct and install
____________________________, the City has selected Contractor as the winning bidder, and
WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement,
according to the terms and conditions provided in this Agreement; and
WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract
Documents, the Project, and the Work, with all local conditions and federal, state and local laws,
ordinances, rules and regulations in any manner that may affect cost, progress or performance of
work, and Contractor is aware that he must be licensed to do business in the State of Georgia.
NOW THEREFORE, the City and Contractor, in consideration of the mutual promises
contained herein and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, agree as follows:
Section 1. Contract Documents
The following documents are incorporated herein by reference and constitute the
Contract Documents:
E. This Agreement (____ Pages);
F. Request For Bid RFB _______ (____ Pages), attached hereto as Exhibit “A”;
G. Proposal and Bid from Contractor dated _______________ (____ Pages),
attached hereto as Exhibit “B”;
H. Performance and Other Bonds, attached hereto collectively as Exhibit “C”;
E. Plans and specifications, attached hereto collectively at Exhibit “D”
F. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other
documents amending, modifying, or supplementing the Contract Documents if
properly adopted in writing and executed by the Parties; and
G. City of Milton Code of Ethics (____ Pages).
Section 2. Project Description
The Project is defined generally as follows: ______________________________.
Section 3. The Work
The Work is specified and indicated in the Contract Documents (the “Work”). The Work
previously described includes all material, labor, insurance, tools, equipment, and any other
miscellaneous items necessary to complete the Work as described. Contractor shall complete the
Work in strict accordance with the Contract Documents.
Section 4. Contract Time
This Contract shall take effect on _______________. Contractor agrees to complete the
Project within ____ 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
$__________. The City shall pay Contractor upon Final Completion of the Project as such is
determined by the City, net thirty (30) days from the date of invoice. No payments will be made
for unauthorized work. Upon the City‟s certification of Final Completion of the Project, an
invoice should be submitted to ________________________________, for approval. Payment
will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered.
Section 6. Work Changes
A. The City reserves the right to order changes in the Work to be performed under
this Agreement by altering, adding to, or deducting from the Work. All such
changes shall be incorporated in written change orders executed by the Contractor
and the City. Such change orders shall specify the changes ordered and any
necessary adjustment of compensation and completion time. If the Parties cannot
reach an agreement on the terms for performing the changed work within a
reasonable time to avoid delay or other unfavorable impacts as determined by the
City in its sole discretion, the City shall have the right to determine reasonable
terms and the Contractor shall proceed with the changed work.
B. Any work added to the scope of this Agreement by a change order shall be
executed under all the applicable conditions of this Agreement. No claim for
additional compensation or extension of time shall be recognized, unless
contained in a written change order duly executed on behalf of the City and the
Contractor.
C. The City Manager has authority to execute without further action of the Milton
City Council, any number of change orders so long as their total effect does not
materially alter the terms of this Agreement or materially increase the total
amount to be paid under this Agreement. Any such change orders materially
altering the terms of this Agreement or increasing the total amount to be paid
under this Agreement in excess of $__________, must be approved by resolution
of the Milton City Council.
Section 7. Covenants of Contractor.
C. 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.
D. Time is of the Essence
Contractor specifically acknowledges that TIME IS OF THE ESSENCE for
completion of the Project.
C. Expertise of Contractor
Contractor accepts the relationship of trust and confidence established between it
and the City, recognizing that the City‟s intention and purpose in entering into this
Agreement is to engage an entity with the requisite capacity, experience, and
professional skill and judgment to provide the services in pursuit of the timely and
competent completion of the Work undertaken by Contractor under this
Agreement.
D. Budgetary Limitations
Contractor agrees and acknowledges that budgetary limitations are not a
justification for breach of sound principals of Contractor‟s profession and
industry. Contractor shall take no calculated risk in the performance of the Work.
Specifically, Contractor agrees that, in the event it cannot perform the Work
within the budgetary limitations established without disregarding sound principals
of Contractor‟s profession and industry, Contractor will give written notice
immediately to the City.
E. City‟s Reliance on the Work
The Contractor acknowledges and agrees that the City does not undertake to
approve or pass upon matters of expertise of the Contractor and that, therefore,
the City bears no responsibility for Contractor‟s services performed under this
Agreement. The Contractor acknowledges and agrees that the acceptance of
Work by the City is limited to the function of determining whether there has been
compliance with what is required to be produced under this Agreement. The City
will not, and need not, inquire into adequacy, fitness, suitability or correctness of
Contractor‟s performance. Contractor further agrees that no approval of designs,
plans, specifications, or work by any person, body or agency shall relieve
Contractor of the responsibility for adequacy, fitness, suitability, and correctness
of Contractor‟s professional and industry standards or for performing services
under this Agreement in accordance with sound and accepted professional and
industry principals.
F. Contractor‟s Reliance of Submissions by the City
Contractor must have timely information and input from the City in order to
perform the services required under this Agreement. Contractor is entitled to rely
upon information provided by the City, but Contractor shall be required to
provide immediate written notice to the City if Contractor knows or reasonably
should know that any information provided by the City is erroneous, inconsistent,
or otherwise problematic.
G. Contractor‟s Representative
______________________ shall be authorized to act on Contractor‟s behalf with
respect to the Work as Contractor‟s designated representative.
H. Assignment of Agreement
The Contractor covenants and agrees not to assign or transfer any interest in, nor
delegate any duties of this Agreement, without the prior express written consent
of the City.
I. Responsibility of Contractor and Indemnification of City
The Contractor covenants and agrees to take and assume all responsibility for the
services rendered in connection with this Agreement. The Contractor shall bear all
losses and damages directly or indirectly resulting to it on account of the
performance or character of the services rendered pursuant to this Agreement.
Contractor shall defend, indemnify and hold harmless the City, its officers,
boards, commissions, elected and appointed officials, employees and agents from
and against any and all claims, suits, actions, liability, judgments, damages,
losses, and expenses, including but not limited to, attorney‟s fees, which may be
the result of willful, negligent or tortuous conduct arising out of the Work,
performance of contracted services, or operations by the Contractor, any
subcontractor, anyone directly or indirectly employed by the Contractor or
subcontractor or anyone for whose acts the Contractor or subcontractor may be
liable, regardless of whether or not the negligent act is caused in part by a party
indemnified hereunder. Such obligation shall not be construed to negate,
abridge, or otherwise reduce any other right or obligation of indemnity which
would otherwise exist as to any party or person described in this provision. In any
and all claims against the City or any of its agents or employees, by any employee
of the Contractor, any subcontractor, anyone directly or indirectly employed by
the Contractor or subcontractor or anyone for whose acts the Contractor or
subcontractor may be liable, the indemnification obligation set forth in this
provision shall not be limited in any way by any limitation on the amount or type
of damages, compensation or benefits payable by or for the Contractor or any
subcontractor under workers‟ or workmen‟s compensation acts, disability benefit
acts or other employee benefit acts. This obligation to indemnify and defend the
City, its members, officers, agents, employees and volunteers shall survive
termination of this Agreement.
J. Independent Contractor
Contractor hereby covenants and declares that it is engaged in an independent
business and agrees to perform the services as an independent contractor and not
as the agent or employee of the City. The Contractor agrees to be solely
responsible for its own matters relating to the time and place the services are
performed; the instrumentalities, tools, supplies and/or materials necessary to
complete the services; hiring of Contractors, agents or employees to complete the
services; and the payment of employees, including compliance with Social
Security, withholding and all other regulations governing such matters. The
Contractor agrees to be solely responsible for its own acts and those of its
subordinates, employees, and subcontractors during the life of this Agreement.
Any provisions of this Agreement that may appear to give the City the right to
direct Contractor as to the details of the services to be performed by Contractor or
to exercise a measure of control over such services will be deemed to mean that
Contractor shall follow the directions of the City with regard to the results of such
services only.
The Contractor shall obtain and maintain, at the Contractor‟s expense, all permits,
licenses, or approvals that may be necessary for the performance of the services.
The Contractor shall furnish copies of all such permits, licenses, or approvals to
the City of Milton Representative within ten (10) days after issuance.
Inasmuch as the City of Milton and the Contractor are contractors independent of
one another, neither has the authority to bind the other to any third person or
otherwise to act in any way as the representative of the other, unless otherwise
expressly agreed to in writing signed by both parties hereto. The Contractor
agrees not to represent itself as the City‟s agent for any purpose to any party or to
allow any employee of the Contractor to do so, unless specifically authorized, in
advance and in writing, to do so, and then only for the limited purpose stated in
such authorization. The Contractor shall assume full liability for any contracts or
agreements the Contract enters into on behalf of the City of Milton without the
express knowledge and prior written consent of the City.
K. Insurance
(1) Requirements: The Contractor shall have and maintain in full force and
effect for the duration of this Agreement, insurance insuring against
claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the Work by the
Contractor, its agents, representatives, employees or subcontractors. All
policies shall be subject to approval by the City Attorney to form and
content. These requirements are subject to amendment or waiver if so
approved in writing by the City Manager.
(2) Minimum Limits of Insurance: Contractor shall maintain limits no less
than:
(a) Comprehensive General Liability of $1,000,000 combined single
limit per occurrence for bodily and personal injury, sickness,
disease or death, injury to or destruction of property, including loss
of use resulting there from.
(b) Comprehensive Automobile Liability (owned, non-owned, hired)
of $1,000,000 combined single limit per occurrence for bodily and
personal injury, sickness, disease or death, injury to or destruction
of property, including loss of use resulting there from.
(c) Professional Liability of $1,000,000 limit for claims arising out of
professional services caused by the Contractor‟s errors, omissions,
or negligent acts.
(d) Workers' Compensation limits as required by the State of Georgia
and employers Liability limits of $1,000,000 per accident.
(3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured
retentions must be declared to and approved by the City.
(4) Other Insurance Provisions: The policy is to contain, or be endorsed to
contain, the following provisions:
(a) General Liability and Automobile Liability Coverage.
(i) The City, its officials, employees, agents and volunteers are
to be covered as insured as respects: liability arising out of
activities performed by or on behalf of the Contractor;
products and completed operations of the Contractor;
premises owned, leased, or used by the Contractor;
automobiles owned, leased, hired, or borrowed by the
Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the City,
its officials, employees, agents or volunteers.
(ii) The Contractor‟s insurance coverage shall be primary
noncontributing insurance as respects to any other
insurance or self-insurance available to the City, its
officials, employees, agents or volunteers. Any insurance or
self-insurance maintained by the City, its officials,
employees or volunteers shall be excess of the Contractor‟s
insurance and shall not contribute with it.
(iii) Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to the City, its
officials, employees, agents or volunteers.
(iv) Coverage shall state that the Contractor‟s insurance shall
apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of
the insurer's liability.
(v) Coverage shall be provided on a “pay on behalf” basis,
with defense costs payable in addition to policy limits.
There shall be no cross liability exclusion.
(vi) The insurer agrees to waive all rights of subrogation against
the City, its officials, employees, agents and volunteers for
losses arising from work performed by the Contractor for
the City.
(vii) All endorsements to policies shall be executed by an
authorized representative of the insurer.
(b) Workers' Compensation 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 this Agreement, including but not limited
to naming the parties as additional insured.
(8) Claims-Made Policies: Contractor shall extend any claims-made
insurance policy for at least six (6) years after termination or final
payment under the Agreement, whichever is later.
(9) City as Additional Insured and Loss Payee: The City shall be named as an
additional insured and loss payee on all policies required by this
Agreement.
L. Employment of Unauthorized Aliens Prohibited
It is the policy of the City of Milton that unauthorized aliens shall not be
employed to perform work on City contracts involving the physical performance
of services. Therefore, the City shall not enter into a contract for the physical
performance of services within the State of Georgia, unless the Contractor shall
provide evidence on City-provided forms, attached hereto as Exhibits “E” and “F”
that it and Contractor‟s subcontractors have within the previous twelve (12)
month period conducted a verification of the social security numbers of all
employees who will perform work on the City contract to ensure that no
unauthorized aliens will be employed. The City Manager or his/her designee
shall be authorized to conduct an inspection of the Contractor‟s and Contractor‟s
subcontractors‟ verification process to determine that the verification was correct
and complete. The Contractor and Contractor‟s subcontractors shall retain all
documents and records of its verification process for a period of three (3) years
following completion of the contract. This requirement shall apply to all
contracts for the physical performance of services where more than three (3)
persons are employed on the City contract.
The City Manager or his/her designee shall further be authorized to conduct
periodic inspections to ensure that no City Contractor or Contractor‟s
subcontractors employ unauthorized aliens on City contracts. By entering into a
contract with the City, the Contractor and Contractor‟s subcontractors agree to
cooperate with any such investigation by making its records and personnel
available upon reasonable notice for inspection and questioning. Where a
Contractor or Contractor‟s subcontractors are found to have employed an
unauthorized alien, the City Manager or his/her designee may order the
Contractor to terminate or require its subcontractor to terminate that person‟s
employment immediately and to report same to the Department of Homeland
Security. The Contractor‟s failure to terminate the employee, or otherwise
cooperate with the investigation may be sanctioned by termination of the contract,
and the Contractor shall be liable for all damages and delays occasioned by the
City thereby.
Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02
is mandatory.
Contractor agrees that the employee-number category designated below is
applicable to the contractor.
____ 500 or more employees.
____ 100 or more employees.
____ Fewer than 100 employees.
Contractor agrees that, in the event the Contractor employs or contracts with any
subcontractor(s) in connection with this Agreement, the Contractor will secure
from the subcontractor(s) such subcontractor(s‟) indication of the above
employee-number category that is applicable to the subcontractor.
Contractor‟s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule
300-10-1-.02 shall be attested by the execution of the contractor‟s affidavit
attached as Exhibit “E.”
The above requirements shall be in addition to the requirements of State and
federal law, and shall be construed to be in conformity with those laws.
M. Records, Reports and Audits
(1) Records:
(a) Records shall be established and maintained by the Contractor in
accordance with requirements prescribed by the City with respect
to all matters covered by this Agreement. Except as otherwise
authorized, such records shall be maintained for a period of three
years from the date that final payment is made under this
Agreement. Furthermore, records that are the subject of audit
findings shall be retained for three years or until such audit
findings have been resolved, whichever is later.
(b) All costs shall be supported by properly executed payrolls, time
records, invoices, contracts, or vouchers, or other official
documentation evidencing in proper detail the nature and propriety
of the charges. All checks, payrolls, invoices, contracts, vouchers,
orders or other accounting documents pertaining in whole or in
part to this Agreement shall be clearly identified and readily
accessible.
(2) Reports and Information: Upon request, the Contractor shall furnish to the
City any and all statements, records, reports, data and information related
to matters covered by this Agreement in the form requested by the City.
(3) Audits and Inspections: At any time during normal business hours and as
often as the City may deem necessary, there shall be made available to the
City for examination all records with respect to all matters covered by this
Agreement. The Contractor will permit the City to audit, examine, and
make excerpts or transcripts from such records, and to audit all contracts,
invoices, materials, payrolls, records of personnel, conditions of
employment and or data relating to all matters covered by this Agreement.
N. Conflicts of Interest
Contractor agrees that it shall not engage in any activity or conduct that would
result in a violation of the City of Milton Code of Ethics.
O. Confidentiality
Contractor acknowledges that it may receive confidential information of the City
and that it will protect the confidentiality of any such confidential information and
will require any of its subcontractors, consultants, and/or staff to likewise protect
such confidential information. The Contractor agrees that confidential
information it receives or such reports, information, opinions or conclusions that
Contractor creates under this Agreement shall not be made available to, or
discussed with, any individual or organization, including the news media, without
prior written approval of the City. The Contractor shall exercise reasonable
precautions to prevent the unauthorized disclosure and use of City information
whether specifically deemed confidential or not.
P. Compliance with Laws Regulating Illegal Aliens
The United States Congress enacted the Immigration Reform and Control Act of
1986 (IRCA), P.L. 99-603, which required the former Immigration and
Naturalization Service (now the Department of Homeland Security) to establish a
system for verifying the immigration status of non-citizen applicants for, and
recipients of, certain types of federally funded benefits, and to make the system
available to Federal, State, and local benefit-issuing agencies and institutions that
administer such benefits.
The Contractor covenants and declares that it is enrolled in the Basic Employment
Verification Pilot Program, and that it has verified the employment eligibility of
all its employees utilizing such program. Contractor shall likewise require all
subcontractors or sub-consultants to verify the employment eligibility of all their
respective employees utilizing the Basic Employment Verification Pilot Program.
Contractor shall provide documentation prior to commencing work under this
Agreement, in a form acceptable to the City of Milton, affirming the Contractor‟s
compliance with this Section.
Q. Licenses, Certifications and Permits
The Contractor covenants and declares that it has obtained all diplomas,
certificates, licenses, permits or the like required of the Contractor by any and all
national, state, regional, 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.
R. Key Personnel
All of the individuals identified in Exhibit “G” are necessary for the successful
prosecution of the Work due to their unique expertise and depth and breadth of
experience. There shall be no change in Contractor‟s Project Manager or members
of the project team, as listed in Exhibit “G”, without written approval of the City.
Contractor recognizes that the composition of this team was instrumental in the
City‟s decision to award the work to Contractor and that compelling reasons for
substituting these individuals must be demonstrated for the City‟s consent to be
granted. Any substitutes shall be persons of comparable or superior expertise and
experience. Failure to comply with the provisions of this section shall constitute a
material breach of Contractor‟s obligations under this Agreement and shall be
grounds for termination. Contractor shall not subcontract with any third party for
the performance of any portion of the Work without the prior written consent of
the City. Contractor 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 subcontractor upon
completion or termination of the work shall be delivered immediately to the City.
The Contractor assumes all risk of loss, damage or destruction of or to such
materials. If any materials are lost, damaged or destroyed before final delivery to
the City, the Contractor shall replace them at its own expense. Any and all
copyrightable subject matter in all materials is hereby assigned to the City and the
Contractor agrees to execute any additional documents that may be necessary to
evidence such assignment.
U. Meetings
The Contractor is required to meet with the City‟s personnel, or designated
representatives, to resolve technical or contractual problems that may occur
during the term of the contract, at no additional cost to the City. Meetings will
occur as problems arise and will be coordinated by the City. The Contractor will
be given a minimum of three full working days notice of meeting date, time, and
location. Face-to-face meetings are desired. However, at the Contractor‟s option
and expense, a conference call meeting may be substituted. Consistent failure to
participate in problem resolution meetings, two consecutive missed or
rescheduled meetings, or to make a good faith effort to resolve problems, may
result in termination of the contract.
Section 8. Covenants of the City
B. Right of Entry
The City shall provide for right of entry for Contractor and all necessary
equipment to __________________, in order for Contractor to complete the
Work.
B. City‟s Representative
______________________ shall be authorized to act on the City‟s behalf with
respect to the Work as the City‟s designated representative
Section 9. Warranty
Except as may be otherwise specified or agreed, the Contractor shall repair all defects in
materials, equipment, or workmanship appearing within one year from the date of Final
Completion of the Project at no additional cost to the City. An inspection shall be conducted by
the City or its representative(s) near the completion of the one-year general warranty period to
identify any issues that must be resolved by the Contractor.
Section 10. Termination
A. The City may terminate this Agreement for convenience at any time upon written
notice to Contractor. In the event of a termination for convenience, Contractor
shall take immediate steps to terminate work as quickly and effectively as
possible and shall terminate all commitments to third-parties unless otherwise
instructed by the City. Provided that no damages are due to the City for
Contractor‟s failure to perform in accordance with this Agreement, the City shall
pay Contractor for work performed to date in accordance with Section 5 herein.
The City shall have no further liability to Contractor for such termination.
B. The City may terminate this Agreement for cause if Contractor breaches any
material provision of this Agreement. The City shall give Contractor seven (7)
days written notice of its intent to terminate the Agreement and the reasons
therefore, and, if Contractor, or its Surety, fails to cure the default within that
period, the termination shall take place without further notice. The City shall then
make alternative arrangements for completion of the Project and deduct the cost
of completion from the unpaid Contract Price. The City will make no payment to
the Contractor or its Surety until all costs of completing the Project are paid. If
the unpaid balance of the amount due the Contractor, according to this agreement,
exceeds the cost of finishing the Project, the Contractor or its Surety will receive
the applicable funds due. If the costs of completing the Project exceed the unpaid
balance, the Contractor or its Surety will pay the difference to the City.
C. If the City terminates this Agreement for cause, and it is later determined that the
City did not have grounds to do so, the termination will be treated as a termination
for convenience under the terms of this Section (A) above.
D. Upon termination, the Contractor shall: (1) promptly discontinue all services
affected, unless the notice directs otherwise; and (2) promptly deliver to the City
all data, drawings, reports, summaries, and such other information and materials
as may have been generated or used by the Contractor in performing this
Agreement, whether completed or in process, in the form specified by the City.
E. The rights and remedies of the City and the Contractor provided in this Section
are in addition to any other rights and remedies provided under this Agreement or
at law or in equity.
Section 11. Miscellaneous
A. Complete Agreement. This Agreement contains all of the understandings and
agreements of whatsoever kind and nature existing between the parties hereto
with respect to the subject matter contained herein.
B. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of Georgia.
C. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original, but all of which together shall
constitute one and the same instrument.
D. Invalidity of Provisions. Should any part of this Agreement for any reason be
declared by any court of competent jurisdiction to be invalid, such decision shall
not affect the validity of any remaining portion, which remaining portion shall
continue in full force and effect as if this Agreement had been executed with the
invalid portion hereof eliminated, it being the intention of the parties that they
would have executed the remaining portion of this Agreement without including
any such part, parts or portions which may for any reason be hereafter declared
invalid.
E. Notice. All notices requests, demands and other communications hereunder shall
be in writing and shall be deemed received, and shall be effective when personally
delivered or on the third day after the postmark date when mailed by certified
mail, postage prepaid, return receipt requested or upon actual delivery when sent
via national overnight commercial carrier to the parties at the addresses given
below, unless a substitute address shall first be furnished to the other parties by
written notice in accordance herewith:
NOTICE TO CITY shall be sent to:
City of Milton
13000 Deerfield Parkway
Suite 107
Milton, Georgia 30004
Attention: City Manager
NOTICE TO CONTRACTOR shall be sent to:
__________________________
__________________________
__________________________
__________________________
F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to
be a waiver of the City‟s sovereign immunity or any individual‟s qualified good
faith or official immunities.
G. Force Majeure. Neither the City nor Contractor shall be liable for their respective
non-negligent or non-willful failure to perform or shall be deemed in default with
respect to the failure to perform (or cure a failure to perform) any of their
respective duties or obligations under this Agreement or for any delay in such
performance due to: (i) any cause beyond their respective reasonable control; (ii)
any act of God; (iii) any change in applicable governmental rules or regulations
rendering the performance of any portion of this Agreement legally impossible;
(iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding
strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or
failure to act by any governmental or military authority; or (vii) any war, hostility,
embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event,
the time for performance shall be extended by an amount of time equal to the
period of delay caused by such acts and all other obligations shall remain intact.
H. Headings. All headings herein are inserted only for convenience and ease of
reference and are not to be considered in the construction or interpretation of any
provision of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
under seal as of the date first above written.
[CONTRACTOR’S NAME]
By: ____________________________________
Its: ____________________________________
[CORPORATE SEAL]
SIGNED, SEALED, AND DELIVERED
in the presence of:
_____________________________
Witness
_____________________________
Notary Public
[NOTARY SEAL]
My Commission Expires:
________________________
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
EXHIBIT “E”
STATE OF GEORGIA
CITY OF MILTON
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. §
13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with
the City of Milton has registered with and is participating in a federal work authorization
program, in accordance with the applicability provisions and deadlines established in O.C.G.A. §
13-10-91.
The undersigned further agrees that, should it employ or contract with any subcontractor(s) in
connection with the physical performance of services pursuant to this contract with the City of
Milton, contractor will secure from such subcontractor(s) similar verification of compliance with
O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form
attached hereto as Exhibit “F.” Contractor further agrees to maintain records of such compliance
and provide a copy of each such verification to the City of Milton at the time the subcontractor(s)
is retained to perform such service.
________________________________________
EEV / Basic Pilot Program User Identification Number
________________________________________
BY: Authorized Officer or Agent Date
(Contractor Name)
_________________________________________
Title of Authorized Officer or Agent of Contractor
_________________________________________
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF ______________________, 200_
________________________________________
Notary Public
My Commission Expires:
___________________
EXHIBIT “F”
STATE OF GEORGIA
CITY OF MILTON
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A.
§ 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the
physical performance of services under a contract with (name of contractor) on behalf of the City
of Milton has registered with and is participating in a federal work authorization program, in
accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91.
________________________________________
EEV / Basic Pilot Program User Identification Number
________________________________________
BY: Authorized Officer or Agent Date
(Subcontractor Name)
_________________________________________
Title of Authorized Officer or Agent of Subcontractor
_________________________________________
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF ______________________, 200_
_________________________________________
Notary Public
My Commission Expires:
_________________________________________
END OF AGREEMENT
GENERAL CONDITIONS
Unless otherwise directed, all work performed under this contract shall be in accordance with the
Georgia Department of Transportation Standard Specifications, Construction of Transportation
Systems (current edition), and Special Provisions modifying them, except as noted below.
SECTION 101 DEFINITION AND TERMS
Section 101.14 Delete as written and substitute the
COMMISSIONER following:
DIRECTOR OF PUBLIC WORKS, CITY
OF MILTON
Section 101.22 Delete as written and substitute the
DEPARTMENT following:
PUBLIC WORKS DEPARTMENT CITY
OF MILTON
Section 101.24 Delete as written and substitute the
ENGINEER following:
DIRECTOR OF PUBLIC WORKS, CITY
OF MILTON, ACTING DIRECTLY OR
THROUGH A DULY AUTHORIZED
REPRESENTATIVE OF THE DIRECTOR
Section 101.84 Add: DIRECTOR OF PUBLIC WORKS
CITY OF MILTON
SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS
Section 102.05 EXAMINATION OF PLANS, Add the following paragraph:
SPECIFICATIONS, SPECIAL PROVISIONS,
AND SITE OF THE WORK “The City will not be responsible for
Bidders‟ errors or misjudgment, nor for any
information on local conditions or general
laws and regulations.”
Section 102.07 REJECTION OF Add the following subparagraphs
PROPOSALS
“I. The City reserves the right to reject any
and all bids, to waive technicalities, and to
make an award as deemed in its best
interest. It is understood that all bids are
made subject to this Agreement, that the
City reserves the right to award the bid to
the lowest, responsible Bidder, and in
arriving at this decision, full consideration
will be given to the reputation of the Bidder,
his financial responsibility, and work of this
type successfully completed.
“J. The City also reserves the right to reject
any and all bids from any person, firm, or
corporation who is in arrears in any debt or
obligation to The City of Milton, Georgia.”
Section 102.08 PROPOSAL Substitute the following for the first
GUARANTY sentence
“No bid will be considered unless it is
accompanied by an acceptable bid bond an
amount not less than five percent (5%) of
the amount bid and made payable to City of
Milton, Georgia. Such Bid Bond shall be on
the forms provided by the City.”
Add Section 102.15
ADDENDA AND INTERPRETATION Delete in its entirety and substitute the
following:
Bids shall be submitted on the Bid Form
provided by the City.
The bid package as described in Notice to
Contractors, Page 1 must be submitted with
the bid. Failure to do so could result in the
omission of pertinent documents and the
rejection of the apparent low bid.”
Section 102.09
DELIVERY OF PROPOSALS: Add the following as 102.15:
“No interpretation of the meaning of the
Contract Documents will be made orally to
any Bidder. Any request for such
interpretation should be in writing addressed
to the Purchasing Department, The City of
Milton 13000 Deerfield Pkwy., Suite 107G
Milton, Ga. 30004. TEL. 678/242-2500,
FAX 678/242-2499.Each such interpretation
shall be given in writing, separately
numbered and dated, and furnished to each
interested Bidder. Any request not received
in time to accomplish such interpretation
and distribution will not be accepted.
SECTION 103 AWARD OF AWARD AND
EXECUTION OF CONTRACT
Section 103.02 AWARD OF CONTRACT Delete in its entirety and substitute
the following:
“The contract, if awarded, shall be awarded
to the lowest responsible bidder. The City of
Milton reserves the right to exercise
exclusive discretion as to the responsibility
of any bidder.
The contract shall be executed on the forms
attached, will be subject to all requirements
of the Contract Document, and shall form a
binding Contract between the contracting
parties.”
Section 103.05 REQUIREMENTS OF Delete in its entirety and substitute the
CONTRACT BONDS following:
“At the time of the execution of the contract,
and as a part thereof, the successful bidder
shall furnish Contract Bond Below:
Performance Bond in the full amount of the
contract. Payment Bond in the full amount
of the contract. Maintenance bond in the
amount of one-third (1/3) of the contract. “
Section 103.07 FAILURE TO Delete in its entirety and substitute the
EXECUTE CONTRACT following:
“Failure to execute the Contract
Performance, Payment or Maintenance
Bonds, or furnish satisfactory proof of
carriage of the insurance required within ten
days after the date of Notice of Award of the
Contract, may be just cause for the
annulment of the award and for the
forfeiture of the proposal guaranty to the
City of Milton, not as a penalty, but as
liquidation of damages sustained. At the
discretion of the City, the award may then
be made to the next lowest bidder, may be
re-advertised, or may be constructed by City
forces. The Contract and Contract bonds
shall be executed in quadruplicate.”
SECTION 107 LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC
Section 107.18 ACQUISITION OF Add the following paragraph:
RIGHT OF WAY
“The Contractor shall inspect all easements
and rights-of-way to ensure that the City has
obtained all land and rights-of-way
necessary for completion of the Work to be
performed pursuant to the Contract
Documents. The Contractor shall comply
with all stipulations contained in easements
acquired by the Department.”
Section 107.21 CONTRACTORS Add the following sentence to
Paragraph A:
RESPONSIBILITY FOR UTILITY
PROPERTY AND SERVICE
“The Contractor is responsible for the
location of above and below ground Utilities
and structures which may be affected by the
Work.”
SECTION 109 MEASUREMENT AND PAYMENT
Section 109.07 PARTIAL PAYMENTS Delete the first sentence of the
Second Paragraph under „A. General”
As long as the gross value of completed
work is less than 50% of the total Contract
amount, or if the Contractor is not
maintaining his construction schedule to the
satisfaction of the Engineer, the Department
shall retain 10% of the gross value of the
work that has been completed as indicated
by the current estimate certified by the
Engineer for payment.
Section 109.08 FINAL PAYMENT Delete in its entirety and substitute
the following.
“Final Payment: Upon completion by the
Contractor of the work, including the receipt
of any final written submission of the
Contractor and the approval thereof by the
Department, the CITY will pay the
Contractor a sum equal to 100 percent
(100%) of the compensation set forth herein,
less the total of all previous partial
payments, paid or in the process of payment.
The Contractor agrees that acceptance of
this final payment shall be in full and final
settlement of all claims arising against the
CITY for work done, materials furnished,
costs incurred, or otherwise arising out of
this Agreement and shall release the CITY
from any and all further claims of whatever
nature, whether known or unknown for and
on account of said Agreement, and for any
and all work done, and labor and materials
furnished, in connection with same.”
***NOTICE TO CONTRACTORS***
EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER
391-3-1-02-05
.
For additional/information, please contact:
Georgia Department of Natural Resources
Environmental Protection Division
Air Protection Branch
4244 International Parkway, Suite 120
Atlanta, GA 30354
404/363-7000; 404/362-2534 – FAX
BID SCHEDULE
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
ITEM ITEM UNIT TOTAL
NUMBER DESCRIPTION UNITS QUANTITY PRICE AMOUNT
150-1000 Traffic Control LS 1
310-1101 Gr Aggr base crs include material TN 4000
328-1000 Foamed Asphalt Stabilized Base
Course- 6 in. SY 50000
402-3130
Recycled Asphalt Concrete 12.5
MM Superpave GP 2 Only
Including Bituminous Material and
H-Lime 2 in.
TN 5600
413-1000 Bituminous Tack Coat GL 1500
432--5010 Mill Asphalt Concrete Pavement, 2
in Depth SY 3000
653-0110 Thermoplastic Pavement Marking
Arrow, Tp 1 EA 30
653-2501 Thermoplastic Solid Traffic Stripe,
5 in White GLM 6
653-2501 Thermoplastic Solid Traffic Stripe,
5 in Yellow GLM 6.5
653-1704 Thermoplastic Solid Traffic Stripe,
24 in White LF 100
653-6004 Thermoplastic Solid Stripe White SY 300
653-6006 Thermoplastic Solid Stripe Yellow SY 1000
820-1000 Liquid Asphalt Cement PG 67-22 GLN 100000
828-1000 Lime TN 600
Total Bid Price _____________________________
Fill out "Unit Price" column, "Total Amount" column, and "Total Bid Price"
Actual price to the City will be based on actual quantity multiplied by the bid “Unit Price”.
Number of days to complete project (exclude weather related days) ________________
PROJECT SPECIFICATIONS
A. PROJECT DESCRIPTION
The City of Milton Public Works Department (City) requests for interested parties to submit
formal sealed bids/proposals for the full depth reclamation and resurfacing of Hickory Flat Rd,
Morris Rd and S Thompson Rd (Partial).
The project location is depicted on the provided location map and further described as follows:
Hickory Flat Rd – beginning at SR 372 and ending at the City Limits.
Thompson Rd – Beginning at Hopewell Rd and ending at the 14915 Thompson Road.
Morris Rd- Beginning at Bethany Bend and ending at Webb Rd.
This project shall follow Georgia Department of Transportation Specifications. The most current
GDOT Specifications and shelf Special Provisions apply to all work performed under this
contract.
In case of discrepancy between the unit price and the total price on the completed Bid Schedule,
the unit price will prevail and the total price will be corrected.
To bid on this contract, the Contractor must be listed on the current Georgia Department of
Transportation Pre-Qualified Contractors list. No exceptions. Additionally, vendor must have
a minimum of 5 verifiable years experience on Full Depth Reclamation with foamed
asphalt as the additive; a minimum of 10 lane miles of experience with a county or city (in
Georgia) on Full Depth Reclamation with foamed asphalt as the additive; and, a 8-foot
wide reclamation machine would be desired but other widths will be acceptable.
The contractor shall submit with the bid a qualification sheet listing projects that meet the
experience requirement along with references.
B. SPECIAL PROVISIONS
All work associated with this contract shall meet the Georgia DOT standard specifications for
construction materials, methods and procedures not specifically listed in this solicitation.
The following are special provisions prepared specifically for this contract and may be in conflict
with parts of the standard specifications. If conflicts are evident the special provisions shall take
precedence over the standard specifications.
DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS
FOR WORK WITHIN THE STATE OF GEORGIA
SECTION 328
EXPANDED (FOAMED) ASPHALT STABILIZED BASE COURSE
328.01 DESCRIPTION: This work shall consist of a base course composed of existing asphalt,
surface treatments, sand, GAB, RAP or any combination of the above, stabilized with expanded
asphalt cement and constructed in accordance with these specifications. The work will be
performed with reasonably close conformity with the lines, grades and typical cross sections
shown on the Plans or established by the engineer. All of the provisions of Section 300 apply to
this Item.
328.02 MATERIALS: The materials to be used and the Specifications for them are listed below:
Asphalt Cement Grade PG 67-22…………………………………… 820.01
(Asphalt Cement shall not contain silicone)
No prime shall be required for expanded asphalt base paving
Portland Cement Powder (when required by Engineer) …………….. 830.01/02
Pelletized Quick Lime (when required by Engineer) ……………….. 882.02
NOTE: As the existing roadway surface and portions of its base provide the aggregate for this
procedure, their physical properties will differ depending on their location and insit u gradation.
However, all pulverized material shall be thoroughly ground and pre -pulverized prior to addition
of expanded asphalt cement, conform to the specifications in their respective areas of Section 800
and have a maximum of 5 percent retained on the
1½-inch sieve size.
Compaction and mix water shall be free from deleterious substances and can be acquired from a
hydrant, stream or lake.
328.03 EQUIPMENT: All equipment necessary for the proper construction of the expanded
asphalt base course shall be on the Project and in satisfactory condition before construction will be
permitted to begin. Under no circumstances will the contractor have less than the following
minimum pieces of equipment for the expanded asphalt base construction:
An AC injecting pulverizer shall be a CMI RS 650 or approved equivalent with a minimum
8 ft cutting width, 650 hp, spray bar with nozzles capable of being shut off in 12”
increments and a computer controlled microprocessor that accurately measures the amount
of additives in relation to the travel speed of the machine and mass of material involved.
The microprocessor shall display the rate of application of the AC, travel spee d of the
reclaimer, depth sensors, flow rates of the AC, as well as a totalizer that provides total
volume of the additive(s) as well as distance traveled by machine. Spreading of water, lime
or cement on the road surface ahead of the machine, will be allowed at the request of the
Engineer. No asphalt cement shall be sprayed ahead in this manner.
Motor graders must be of a sufficient horsepower to handle a windrow of the expanded
asphalt material and its respective grading.
At minimum, the contractor shall supply a 25 ton pneumatic roller (also sheepsfoot when
mat is > 6” in depth) and a 10 ton smooth drum roller. The mix must be compacted on a
minimum of 96 percent of a laboratory specimen prepared in accordance with AASHTO T -
245 (75 blows) (Modified Marshall Expanded Asphalt Mix design method).
A water truck having not less than 2000 gallon capacity will be on site at all times to
provide compaction water and to maintain moist curing and handling conditions.
Where deemed necessary by the Engineer, a pilot vehicle and flag persons shall be
employed to control the flow of traffic and to provide adequate worker protection on the
construction site.
328.04 CONSTRUCTION:
A: METHODS: This Specification is based on the traveling mix method, and plow and harrow
mixing will not be permitted. The Engineer will determine whether the materials in the roadbed
are suitable for use, and all materials must be approved before mixing by means of proper asphalt
mix design. Supplementary aggregate and/or RAP can be added if required for widening or
strengthening the expanded asphalt mat if mix design permits. Materials in the roadbed shall be
used without additional measurement for payment, except the payment per square yard provided
herein. If supplementary aggregate, RAP or other additives are required for the expanded asphalt
base, these materials will be measured and paid for by the ton.
B: TEMPERATURE LIMITATIONS: While pre- pulverizing may be performed at any
temperature, the expanded asphalt mixing shall not occur until insitu base temperatures are at least
46 F (8 C) and rising. Air temperature shall be 41 F (5 C) and rising including adjustments for
windchill.
C: PREPARATION OF THE ROADBED:
The base shall be prepared as specified in 300.04. Any r emedial work required to provide a
suitable roadbase per 300.04 will be determined by the Engineer and be paid under its appropriate
pay item.
D: PROCESSING:
1. In-Place Mixing:
a. Supplementary Materials: Any additional materials as specified shall be placed on the roadbed
and spread uniformly to the proper width and depth to obtain the specified thickness of the
finished base. No base material shall be placed on muddy or frozen subbase.
b. Pulverization: The materials in the roadbed shall be pulverized for the width and depth of the
material to be stabilized, but this work shall be done without disturbing or damaging the
underlying subgrade. During pulverization, water may be added if necessary to assist in the
process. All roots, sod and rock more than 3 inches in diameter, and all other harmful products
shall be removed.
c. Moisture Content: The moisture content of the pulverized base material shall be adjusted under
the direction of the Engineer. The final control moisture content will be that content which
produces a uniformly blended expanded asphalt mixture with the proper amount of Total Fluids
Level as per the expanded asphalt mix design. The Contractor will maintain the proper control
moisture by aeration or addition of water as necessary prior to stabilization. No separate payment
will be made for adding water nor for aerating or rolling for this purpose.
d. Application of Bituminous Material: After the roadbed material has been pre -pulverized,
compacted and shaped to the required slope, the pulverizer shall proceed with the injection and re -
mixing of the base course with the expanded asphalt cement. The temperature of the bituminous
material shall be no less than 300 F at the intake hose of the pulverizer.
The bituminous material shall be blended with a controlled amount of water in the expanded
asphalt chamber prior to injection into the pre-pulverized roadbed. This amount of water normally
will be a ratio of approximately 2 percent water as a percent by weight of bitumen.
The design Asphalt Cement content shall be expressed in terms of the total asphalt cement content
of the mixture based on the total mixture including existing aged binder and the new Expanded
Asphalt cement. Minor field modifications of the expanded asphalt mix design may be performed
by the Contractor if deemed necessary by the Engineer on site. All bitumen and water supply will
be controlled and monitored by the onboard microprocessor of the pulverizer.
e. Mixing: Mixing shall be carried on in successive sections so that the roadway can be
compacted for its full width in one uniform operation. Mixing shall continue until a homogenous
and uniform mixture is produced.
E. Quantity of Bituminous Material: The quantity of bituminous material required will b e
determined by the Engineer based on the expanded asphalt mix design and measurement of
roadbed to be treated. Variations of 5 percent or less in total bitumen used will be accepted to
make up for differences of insitu asphalt cement content. If deemed necessary by the Engineer, a
section of roadbed may be retreated with 1 percent bitumen, reshaped and recompacted the
following day after original treatment. The cost of this re -treatment shall be borne by the
Contractor as a part of this Pay Item.
F: Extent of Application: The extent of the application of bituminous material shall be so
regulated that a full tanker load of liquid is used for a complete and finished selection of roadway
where possible. Compaction and grading must follow after second subsequent pass of expanded
asphalt injection has been completed.
G. Placing:
1. Preparing Mixture for Compaction: After expanded asphalt material has been uniformly
clipped and windrowed by motor grader, it can be laid down and shaped to the pre -determined
proper line, grade and cross section.
2. Aeration: Aeration may be allowed if satisfactory compaction of the expanded asphalt base
cannot be obtained due to the moisture content of the mixture at the time of compaction. This
work shall consist of loosening and turning the mixture with the motor grader, pulverizer or other
equivalent equipment until the moisture content is reduced to a level that does not impede the
compactive effort.
3. Thickness of Course: The full depth of base specified shall be stabilized in one pass of the
mixing equipment up to a maximum of 10 inches in depth.
H. 1. Compaction and Finishing: Compaction shall begin immediately after mixing with the 25
ton traffic roller. The base shall be brought to line, grade and crossfall and rolled until the full
thickness of the course has been compacted to a minimum of 96 percent of the laboratory
compacted density as noted in the laboratory prepared mix design.
Once the expanded asphalt base has been compacted to final gra des with rubber tire traffic roller,
the surface shall be compacted with a steel wheel roller, beginning at the edges and working
towards the center, until the surface is smooth, closely knit, free from cracks, conforming to the
proper line, grade, and cross-section, within the limits specified. Defects, if there are any, shall be
corrected as specified in 300.04.
At all places not accessible to the roller, the required compaction shall be secured by means of
mechanical tampers approved by the Engineer. The same density requirements as stated above
apply. A prime coat is not required with expanded asphalt base stabilization.
H. 2. Tests:
a. Pre-Testing and Mix Design: Prior to commencing the work, the Contractor shall engage an
AASHTO certified (AMRL) laboratory familiar with the expanded asphalt process who has a
proper laboratory foaming apparatus (Wirtgen WBL-10 or JEGEL proprietary apparatus or
equivalent). This laboratory shall obtain representative samples of the material that will be
produced during the reclamation operation to carry out the necessary testing to establish the proper
“Mix Design” for the expanded asphalt.
These tests shall include at least one sample per lane mile randomly spaced of the following:
Site investigation
Existing pavement core samples and testing
Granular base samples and testing
Gradation and seive analysis
Insitu asphalt cement % content and penetration
Propose new asphalt cement expansion testing and “Job Mix Design”
Marshall Stability
At least one sample for each expanded asphalt contract shall include the following tests:
Wet and Dry Tensile Strength in accordance with ASTM 4867
Tensile Strength Ratio (TSR minimum 50%)
b. Finished Surface: It shall be the contractor‟s responsibility to conduct his operations in such a
manner that the finished grade lines and cross sectional profile meet the job specifications as
directed by the Engineer.
c. Job Samples: Job samples of expanded asphalt treatment shall be taken by the Contractor and
be laboratory tested for Total Asphalt Cement Content, Aggregate Gradation, Compacted Bulk
Density and TSR.
I. Preservation of Base: The Contractor shall maintain the expanded asphalt base in a smooth and
acceptable condition until it is covered by other construction. The repairs specified in 300.04.I.
shall be made whenever defects appear. The preservation of the base here does not relieve the
Contractor of his general duty to maintain The Work until it is accepted, as specified in Section
105, Control the Work.
328.05 THICKNESS TOLERANCES:
A: Depth: The depth of the expanded asphalt base project will be set out by the Engineer prior to
commencement of construction. To check that the automatic sensor system on the pulverizer is
functioning correctly, the actual depth of cut shall be physically measured at both ends of the
pulverizing drum at least once every 500 feet along the cut length.
328.06 MEASUREMENT:
A: Expanded Asphalt Stabilized Base Course: Where specified for payment by the square yard in
place, the length will be measured along the center line, and the width will be that specified by the
Engineer. Irregular areas such as turnouts and intersections will be measured by the square yard.
B: Bituminous Material: The Bituminous Material, supplied and accepted, will be measured as
specified in Section 109. Actual liquid amounts will be determined by mix designs. Liquid
asphalt cement hauler's tickets will provide proof of delivery to the jobsite.
C: Supplementary Aggregate or RAP: Where required by mix design or at the request of the
Engineer, additional materials may be brought to the expanded asphalt construction site and spread
or mixed. Payment for this item will be by the ton and will include all costs of supply and lay
down.
328.07 PAYMENT:
A. Expanded Asphalt Base Course: Expanded Asphalt Base Course complete in place will be
paid for at the Contract Unit Price per square yard, which shall be full compensation for
preparation of the roadbed, for mixing on the road, shaping, pulverizing, hauling, water,
compaction.
B. Bituminous Material: The number of gallons of Bituminous Material will be paid for at the
Contract Unit Price per gallon, complete in-place, which shall be full payment for furnishing,
hauling and applying the material and for repairs and maintenance.
C: Supplementary Aggregate or RAP: Supplementary materials in place and accepted will be
paid for at the Contract Unit Price per ton, which shall be full compensation for furnishing
material where specified in the Pay Item, mixing in the pit, for all loading, unloading, spreading as
here specified, and for hauling where specified in the Pay Item.
C. PROSECUTION AND PROGRESS
The City desires to have all work completed by October 31st, 2010. Please indicate on the Bid
Schedule the calendar days to complete the project. This information will be considered when
awarding this contract.
The Contractor will mobilize with sufficient forces such that all construction identified as part of
this contract shall be substantially completed within the calendar days indicated on the Bid
Schedule. Inclement weather days will not count against the available calendar days.
Normal workday for this project shall be 9:00 am to 4:00 pm and the normal workweek shall be
Monday through Friday. The City will consider extended workdays or workweeks upon written
request by the Contractor on a case by case basis. No work will be allowed on City recognized
holidays including Labor Day.
The work will require bidder to provide all labor, administrative forces, equipment, materials and
other incidental items to complete all required work. The City shall perform a Final Inspection
upon completion of all work. The contractor will be allowed to participate in the Final
Inspection. All repairs shall be completed by the contractor at his expense prior to issuance of
Final Acceptance. 10% retainage will be held from the total amount due the contractor until Final
Acceptance of work is issued by the City.
The contractor shall provide all materials, labor, and equipment necessary to perform the work
without delay unto completion. The scope of work includes pulverizing the existing pavement;
constructing a stabilized base; installing topping; and as further described in the project
specifications. The decel / accel lanes into subdivisions and business‟ will not require full depth
reclamation, but will require edge milling to tie-in properly to curbs and side streets.
D. PERMITS AND LICENSES
The contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all
notices necessary and incidental to the due and lawful prosecution of the work.
E. QC/QA TESTING OF MATERIALS
The Contractor will be responsible for all quality control testing (sampling, testing, and
inspections) of materials incorporated into the project. All materials and workmanship shall meet
appropriate GDOT specifications. Materials quality control testing types will meet GDOT
specifications at a frequency equal to or exceeding that set by those specifications.
Contractor shall secure the services of a GDOT qualified geotechnical testing firm to perform all
required tests. Test results shall be provided to the City promptly as the work progresses. Tests
shall meet GDOT Specs for type, method, and frequency. This work shall be considered
incidental to the rest of the work and no separate payment will be made.
Contractor will be responsible for replacing any work performed with material from rejected
sample lot at no cost to the City.
F. DEVIATION OF QUANTITIES
The quantities given are estimates only and will vary from those indicated. Payment will be
made based on actual quantities of work completed and accepted. The City reserves the right to
add or delete quantities at any time. Contractor will notify the City in writing if additional items
are identified or quantities of contract items will exceed plan. At no time will contractor proceed
with work outside the prescribed scope of services for which additional payment will be
requested without the written authorization of the City.
G. UTILITIES
Contractor shall be responsible for coordinating any utility relocation necessary to the
completion of the work.
H. TEMPORARY TRAFFIC CONTROL
The contractor shall, at all times, conduct his work as to assure the least possible obstruction of
traffic. The safety and convenience of the general public and the residents along the roadway and
the protection of persons and property shall be provided for by the contractor as specified in the
State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 107.09
and 150.
Traffic whose origin and destination is within the limits of the project shall be provided ingress
and egress at all times unless otherwise specified by the City. The ingress and egress includes
entrances and exits VIA driveways at various properties, and access to the intersecting roads and
streets. The contractor shall maintain sufficient personnel and equipment (including flaggers and
traffic control signing) on the project at all times, particularly during inclement weather, to insure
that ingress and egress are safely provided when and where needed.
Two-way traffic shall be maintained at all times unless otherwise specified or approved by the
City. In the event of an emergency situation, the Contractor shall provide access to emergency
vehicles and/or emergency personnel through or around the construction area. Any pavement
damaged by such an occurrence will be repaired by the Contractor at no additional cost to the
City.
The contractor shall furnish, install and maintain all necessary and required barricades, signs and
other traffic control devices in accordance with the latest MUTCD and GDOT specifications, and
take all necessary precautions for the protection of the workers and safety of the public. The
contractor shall provide 4 variable message boards to be placed at the direction of the City.
All existing signs, markers and other traffic control devices removed or damaged during
construction operations will be reinstalled or replaced at the contractor‟s expense. At no time
will contractor remove regulatory signing which may cause a hazard to the public. The
Contractor shall, within 24 hours place temporary pavement markings (paint or removable tape)
matching existing pavement markings on milled or patched pavements.
All personnel and equipment required for maintaining temporary traffic control, public
convenience and safety will not be paid for separately and shall be incidental to other pay items.
I. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE
The contractor shall be responsible for the preservation of all public and private property, crops,
fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, etc.
along and adjacent to the highway, road or street, and shall use every precaution necessary to
prevent damage or injury thereto, unless the removal, alteration, or destruction of such property
is provided for under the contract.
When or where any direct or indirect damage or injury is done to public or private property by or
on account of any act, omission, neglect or misconduct in the execution of the work, or in
consequence of the non-execution thereof by the contractor, he shall restore, at his/her own
expense, such property to a condition similar or equal to that existing before such damage or
injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he
shall make good such damage or injury in an acceptable manner. The contractor shall correct all
disturbed areas before retainage will be released.
J. PAVEMENT MILLING
The milling equipment shall be a power driven, self-propelled machine which is specifically
designed to mill and remove a specified depth of existing asphalt paving. The equipment shall be
of size, shape and dimensions so as not to restrict the safe passage of traffic in areas adjacent to
the work. Conveyors capable of side, rear or front loading shall be provided together with the
necessary equipment to transfer the milled material from the roadway to a truck. Dust control
shall be such as not to restrict visibility of passing traffic or annoy adjacent property owners.
Decel / accel lanes into subdivisions‟ will not require full depth reclamation unless directed by
the city. In these and any other areas not identified for reclamation, the contractor shall provide
profile milling for the entire width of decel/ accel. The contractor shall also mill side streets to
provide an adequate tie-in. The side streets shall be milled from the edge of travel lane to the
radius point of the side street or up to a maximum 15‟ of the travel lane.
The contractor shall also mill across the whole roadway at the beginning and ending limits of the
project to provide an adequate tie-in with existing pavements.
The depth of milling throughout the project will be 2” unless otherwise directed by the City.
Topping shall be tapered/feathered so as to tie into existing driveways with the best possible ride
and aesthetic result. Tie-ins shall be marked on the ground and approved by the City prior to
paving.
Areas where no curb exists are not to be milled except to provide adequate tie-in with existing
pavement. The milling operation shall provide a pavement surface that is true to line, grade and
cross-section and of uniform texture.
A ten foot straightedge shall be maintained in the vicinity of the milling operation at all times for
the purpose of measuring surface irregularities of the milled pavement surface. The contractor
shall provide the straightedge and labor for its use. All irregularities in excess of 1/8" in 10' shall
be remilled at no additional cost.
The finished cross slope shall be uniform to a degree that no depressions or misalignment of
slope greater than 1/4" in 12' are present when tested with a straightedge placed perpendicular to
the centerline. The finished pavement surface will be subject to visual and straightedge
inspection.
The Contractor shall be responsible to repair any damage to existing curbs, aprons, and
driveways caused by the Contractor‟s operations at no additional cost to the City.
All material generated as a result of the milling operation shall become the property of the
contractor. The milled material shall be stockpiled, recycled and utilized by the bidder as a
means to offset the unit cost of patching.
After milling is completed all loose and flaking masses of asphalt shall be removed.
The contractor and City shall measure all work and determine the total pavement area in square
yards, to establish the basis of payment for the milling work.
K. ROAD WIDENING AND SHOULDER CONSTRUCTION
On Hickory Flat Rd and Thompson Rd the contractor will box out the shoulder to a depth of 10
inches and width of 2 feet for widening on each side of the road. All boxed out areas shall be
filled to the level of the edge of pavement at the end of work each day. Material removed from
the boxed out sections shall be used to rebuild the shoulders following the paving process. All
unsuitable and excess material shall be removed from the jobsite at the contractor‟s expense.
Cost of shoulder backfill, reconstruction, and grassing shall be considered incidental to the work
and included in the bid price for other pay items.
All rock or RAP added to supplement material will be spread from the tailgate to the depth of 2.5
inches over the entire in-situ asphalt and uniformly mixed. After mixing the mixture will be
pushed into the void created by the box out crew.
The finished base course mat shall be 26 feet wide and the asphalt mat shall be 25 feet wide with
a 30 – 35 degree angled fillet (Safety Edge) along each side of the roadway.
Contractor shall provide a smooth transition from the finished paved surface to all existing
driveway aprons. In any area where widening effects concrete driveways these driveways shall
be saw cut for removal at the new roadway width. Cost shall be incidental to the work.
L. BITUMINOUS TACK COAT
This work shall consist of the placement of bituminous tack on areas that do not get full depth
reclamation. AC-20 or AC-30 shall be used. All surfaces shall be cleaned completely and
thoroughl y before any tack is applied. Tack shall not be applied when the pavement is wet.
Bituminous tack coat shall be applied between .03 to .06 gallons per square yard.
M. PAVEMENT MIX DESIGN
The contractor shall construct a stabilized base by pulverizing the existing pavement to a depth
of 8” and mixing with Foamed Asphalt cement to a depth of 6”. The asphalt spread rate shall be
determined by the contractor and submitted to the City for approval. Contractor shall include the
addition of RAP or GAB for the shoulder widening in the mix design
The topping layer shall consist of 2” of 12.5mm superpave (GP 2 only, including H lime)
asphalt.
The plant mix materials from which the asphaltic pavement is manufactured and the plant at
which it is manufactured shall meet the requirements of the State of Georgia Department of
Transportation (GDOT), Standard specifications, Articles 820; 802; 883; 831; 828; and 882.
Load tickets that meet Georgia Department of Transportation Specifications must accompany all
delivered materials. The Contractor must supply copies of all asphalt tickets to the City on a
daily basis.
The most current version of the GDOT Specifications and Special Provisions apply, including but
not limited to sections 400 (including off-system Special Provision) and 328 Expanded foamed
asphalt base Please refer to the GDOT website for the most current versions of the Specifications
and Special Provisions.
N. SUBGRADE STABILITY
To limit the likelihood that isolated zones of unstable soils are present, the contractor should
proofroll the FAB subgrade prior to mixing. Proofrolling shall consist of applying repeated
passes to the subgrade using a heavily-loaded rubber-tired vehicle. Any materials judged to
deflect excessively under the wheel loads should be undercut to more stable soils. The
undesirable materials shall be removed and replaced with stabilizer aggregate (graded aggregate
base) and mixed with the Portland cement. This work shall be paid for by the ton of stabilizer
aggregate.
O. THERMOPLASTIC PAVEMENT MARKINGS
This work shall consist of placement of Thermoplastic Pavement Markings. Final (thermoplastic)
pavement markings shall be placed at least 20 calendar days but no more than 60 calendar days
after placement of final asphalt lift. These final pavement markings shall match the original
pavement markings including center lines, lane lines, turn arrows, crosswalks, stop bars, etc.
unless specifically directed otherwise by the City. Final pedestrian crosswalk markings shall
adhere to the latest standards. Pavement marking materials shall meet GDOT standard
specifications and be on the qualified products list.
The Contractor shall install temporary paint pavement markings on the reclaimed base course
prior to re-opening the roadway until topping is installed. Temporary paint shall also be used on
the completed topping course while awaiting the thermoplastic striping. This work will be
considered incidental and should be included in the lump sum bid for Traffic Control.
P. CLEANUP
All restoration and clean-up work shall be performed daily. Operations shall be suspended if the
contractor fails to accomplish restoration and clean-up within an acceptable period of time.
Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure
to perform clean-up activities may result in suspension of the work.
BID PRICE CERTIFICATION
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
In compliance with the attached Specification, the undersigned offers and agrees that if this Bid
is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid
opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set
opposite each Item, delivered to the designated point(s) within the time specified in the Bid
Schedule.
COMPANY_____________________________________________________________________
ADDRESS_____________________________________________________________________ AUTHORIZED
SIGNATURE______________________________________________________
PRINT / TYPE NAME __________________________________________________________________________
DISCLOSURE FORM
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
This form is for disclosure of campaign contributions and family member relations with City of
Milton officials/employees.
Please complete this form and return as part of your Bid package when it is submitted.
Name of Bidder __________________________________________________
Name and the official position of the Milton Official to whom the campaign contribution was
made (Please use a separate form for each official to whom a contribution has been made in the
past two (2) years.)
________________________________________________________________
List the dollar amount/value and description of each campaign contribution made over the past
two (2) years by the Applicant/Opponent to the named Milton Official.
Amount/Value Description
________________ ___________________________________________
________________ ___________________________________________
________________ ___________________________________________
Please list any family member that is currently (or has been employed within the last 9 months)
by the City of Milton and your relation:
________________ ___________________________________________
_________________ ___________________________________________
SCHEDULE OF EVENTS
FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE
Event: Date:
Release of RFB 6/1/2010
Pre-Bid meeting 6/11/2010 @ 10:00 AM
Pre-Bid Meeting is highly encouraged but not mandatory.
Pre-bid meeting will be held at the City of Milton Fire Station 43:
750 Hickory Flat Rd
Milton, Ga. 30004
Deadline for Written Questions 6/14/2010 @ 5:00 PM
*Submit via E-Mail (preferred) or Fax to Rick Pearce of Purchasing Office
City of Milton Addendum (on or about) 6/16/2010
(Official answers to questions and potential changes to RFB. Addendum will be posted at
the same web locations as the RFB)
Bids due 6/22/2010 @ 2:00PM
Bids are due to: City of Milton
Attn: Rick Pearce, Purchasing Office
13000 Deerfield Pkwy
Suite-107G
Milton, Ga. 30004
Contract Award (On/about) Week of 7/20/2010
Site Map
ACKNOWLEDGEMENT
RECEIPT OF ADDENDUM #1
ITB 10-PW4
Upon receipt of documents, please email, fax or mail this page to:
City of Milton
Attn: Rick Pearce, Purchasing Office
13000 Deerfield Pkwy
Suite 107G
Milton, GA 30004
Phone: 678-242-2511
Fax: 678-242-2499
Email: rick.pearce@cityofmiltonga.us
I hereby acknowledge receipt of documents pertaining to the above referenced ITB.
COMPANY NAME: ___________________________________________
CONTACT PERSON: _________________________________________
ADDRESS: __________________________________________________
CITY: _________________ STATE: ____________ ZIP: _____________
PHONE: ______________________ FAX: _________________________
EMAIL ADDRESS: ___________________________________________
____________________________________ ______________________
Signature Date
ADDENDUM #1
ITB 10-PW4
Written questions submitted and City of Milton answers:
QUESTION ANSWER
1
On page 49 of the proposal Under
A. Project Description you have a
paragraph that starts out “To bid on
this contract”. You tell us that the
Contractor must be GDOT
Prequalified and must have a
minimum of 5 years experience in
Full Depth Reclamation work. If this
is a hard fast requirement for this
project, you will likely only get bids
from 2 bidders (Blount Const &
Atlanta Paving & Concrete), will it be
acceptable if the prime contractor
subcontracts out the Full Depth
Reclamation work to a sub with the 5
years experience required?
Yes
2 I was wondering what the expected
cost of this project will be?
The contractor should be able to estimate the project
costs based on the RFP provided and past
experience on projects of this type.
3
Is the contractor responsible for the
mix design for all three project
locations?
Yes.
4
Can you clarify the road widening
requirement? Is the contractor
responsible for adding more than the
18” and 24” if necessary?
The FDR section shall be the greater of the existing
road dimensions or a 26-foot wide foamed asphalt
base section with a 25-foot wide wearing course
unless a smaller section has been designated by the
city. In areas where curb and gutter exists the
improvements shall extend to the edge of the gutter
and no further widening will be required.
5
Will the masonry mailboxes need to
be relocated?
The city does not anticipate any of the masonry
mailboxes needing to be relocated. The contractor
will be responsible for the relocation of all other
mailboxes within the project area.
6
Will the stones located along the
frontage at 830 Hickory Flat Road
need to be removed to complete this
work?
The city anticipates that the road section will begin to
taper toward the existing curb and gutter in this area
so that only those stones necessary to perform the
work will need to be moved by the contractor. The
city anticipates that the wearing course section in
this area will match the existing roadway and the
foamed asphalt base will extend an additional 6
inches on either side.
QUESTION ANSWER
7
Will two-way traffic control be
required at all times or can the
contractor sign the road for local
traffic only?
Two-way traffic will be required at all times. The roads
may not be signed for local traffic only.
8
Will the embankment and tree across
from 795 Hickory Flat Road need to
be adjusted to fit the minimum road
section?
Yes.
9
Will the area outside the designated
11-foot travel need to be signed or
marked as a bike lane?
No.
CITY OF MILTON
City of Milton INVITATION TO BID
(THIS IS NOT AN ORDER)
Bid Number:
Project Name:
10-PW4
FY10 Reconstruction Projects (Hickory Flat Rd, Thompson Rd, Morris
Bid Number: 10-PW4
Rd)
Due Date and Time:
Attn: Rick Pearce, Purchasing Office
June 22nd 2010
Number of Pages: 63
Local Time: 2:00pm
Suite 107G
ISSUING DEPARTMENT INFORMATION
Issue Date:
June 11h 2010
City of Milton
Public Works Department Phone: 678-242-2500
13000 Deerfield Pkwy, Suite 107G Fax: 678-242-2499
Milton, Ga. 30004 Website: www.cityofmiltonga.us
INSTRUCTIONS TO BIDDERS
Return Submittal to:
Mark Face of Envelope/Package:
13(0 wl�
Bid Number: 10-PW4
City of Milton
Name of Company or Firm
Attn: Rick Pearce, Purchasing Office
lease print name and sign in ink)
13000 Deerfield Pkwy
Special Instructions:
Suite 107G
Deadline for Written Questions
Milton, Ga. 30004
TBD
�1, Q�
Email(preferred) questions to Rick Pearce at
BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE
rickpearce@cityofmiltonga.us or Fax
questions Attn: Rick Pearce at 678-242-2499
IMPORTANT: SEE STANDARD TERMS AND CONDITIONS
BIDDERS MUST COMPLETE THE FOLLOWING
Bidder Name/Address:
uthorized Bidder Signatory:
13(0 wl�
)-t3- S -,Js
lease print name and sign in ink)
Bidder Phone Number:
Bidder FAX Number:
-j SqI---?333
-1)Sg1--�-3�0
Bidder Federal I.D. Number:
Bider E-mpil Address: i
�1, Q�
:C u5��7��un�C�*nS�rHtTy,,car.
BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE
SID SCHEDULE
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
ITEM
ITEM
UNIT
TOTAL
NUMBER
DESCRIPTION
UNIT'S
QUANTITY
PRICE
AMOUNT
150-1000
Traffic Control
LS
l
r
310-1101
Gr Aggr base crs include material
TN
4000
328-1000
Foamed Asphalt Stabilized Base
Course- 6 in.
SY
50000
Recycled Asphalt Concrete 12.5
402-3130
MM Superpave GP 2 Only
TN
5600
t�'f 1 �
3 �-s
Including Bituminous Material and
H -Lime 2 in,
413-1000
Bituminous Tack Coat
GL
1500
a
�'
432--5010
Mill Asphalt Concrete Pavement, 2
SY
3004
,•^
y j
in Depth
653-0110
Thermoplastic Pavement Marking
EA
30
Arrow, Tp 1
653-2501
Thermoplastic Solid Traffic Stripe,
GLM
6
5 in White
653-2501
Thermoplastic Solid Traffic Stripe,
GLM
6.5
J0
y
5 in Yellow—
j J
653-1704
Thermoplastic Solid Traffic Stripe,
LE
100
24 in White
653-6404
Thermoplastic Solid Stripe White
SY
300
3
653-6406
Thermoplastic Solid Stripe Yellow
SY
1000
820-1000
Liquid Asphalt Cement PG 67-22
GIN
100000
LIU 1�
828-1000
Lime
TN
600
j � t] _ 1'
i
r r7rJ
Total Bid Price
Fill out "Unit Price" column, "Total Amount" column, and "Total Bid Price"'
Actual price to the City will be based on actual quantity multiplied by the bid "Unit Price".
Number of days to complete project (exclude weather related days) C4 4
48
BID FORM
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
TO: PURCHASING OFFICE
CITY OF MILTON
MILTON, GEORGIA 30404
Ladies and Gentlemen:
In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder,
proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary
machinery, tools, apparatus, other means of construction, and all materials and labor specified in
the Contract Documents or as necessary to complete the Work in the manner therein specified
within the time specified, as therein set forth, for:
Bid Number 10-PW4
FY10 Road Reconstruction Projects (Hickory Flat Rd, Thompson Rd, Morris Rd)
The Bidder has carefully examined and fully understands the Contract, Specifications, and other
documents hereto attached, has made a personal examination of the Site of the proposed Work,
has satisfied himself as to the actual conditions and requirements of the Work, and hereby
proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full
conformance with the Contract Documents.
Unless otherwise directed, all work performed shall be in accordance with the Georgia
Department of Transportation Standard Specifications, Construction of Transportation Systems
(current edition). All materials used in the process of completion of the work included in the
Contract will be furnished from Georgia Department of Transportation certified suppliers only.
It is the intent of this Bid to include all items of construction and all Work called for in the
Specifications, or otherwise a part of the Contract Documents.
In accordance with the foregoing, the undersigned proposes to furnish and construct the items
listed in the attached Bid schedule for the unit prices stated.
The Bidder agrees that the cost of any work performed, materials furnished, services provided or
expenses incurred, which are not specifically delineated in the Contract Documents but which
are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been
included in the prices bid for the various items scheduled.
The Bidder further proposes and agrees hereby to promptly commence the Work with adequate
forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to
complete all Work within one hundred (100) calendar days from the Notice to Proceed. If
weather affects the required completion schedule, The City and selected Bidder will negotiate a
new completion date.
5
BID BOND
CITY OF MILTON, GEORGIA
BIDDER (Name and Address):
BLOUNT CONSTRUCTION COMPANY, INC. 1730 SANDS PLACE MARIETTA, GA 30067
SURETY (Name and Address of Principal Place of Business):
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, 1000 WINDWARD CONCOURSE, STE. 100,
ALPHARETTA, GA 30005
OWNER (hereinafter referred to as the "City" (Name and Address):
City of Milton, Georgia
ATTN: Purchasing Office
13000 Deerfield Parkway, Suite 107G
Milton, Georgia 30004
BID
BID DUE DATE: JUNE 22, 2010
PROJECT (Brief Description Including Location):
BID #10 -PIA, FYIO RECONSTRUCTION PROJECTS (HICKORY FLAT RD., THOMPSON RD., MORRIS RD.)
BOND
BOND NUMBER:
DATE (Not later that Bid due date): 5%
PENAL SUM: FIVE PERCENT OF AMOUNT OF BID
(Words) (Figures)
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to
the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on
its behalf by its authorized officer, agent or representative.
BIDDER
BLOUNT CONSTRUCTION
COMPANY, INC. (Seal)
Bidder's Name and Corporate Seal
By:
Si afore and Title 5'�
Attest:
Signature and Title: e-,
SURETY
TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA(Seal)
St ty=s" ne d Corporate Seal.
By: Lem G! C
Signature and Title: TATE IGHT, III
(Attach Power of Attorney
Attest:
Signature and le: SECRETARY
ATTY-IN••-FACT
Note: (1) Above addresses are to be used for giving any notice required by the terms of this
Bid Bond.
(2) Any singular reference to Bidder, Surety, the City or any other party shall be
considered plural where applicable.
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum
set forth on the face of this Bond.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required
by the Bidding Documents (or any extension of that time agreed to in writing by the City) the
executed Agreement required by the Bidding Documents and any performance and payment
Bonds required by the Bidding Documents.
This obligation shall be null and void if:
3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the
Bidding Documents (or any extension of that time agreed to in writing by the
City) the executed Agreement required by the Bidding Documents and any
performance and payment Bonds required by the Bidding Documents; or
3.2 All Bids are rejected by the City; or
3.3 The City fails to issue a Notice of Award to Bidder within the time specified in
the Bidding Documents (or any extension of that time agreed to in writing by
Bidder and, if applicable, consented to by Surety when required by paragraph 5
hereof).
4. Payment under this Bond will be due and payable upon Default by Bidder within 30
calendar days after receipt by Bidder and Surety of a written Notice of Default from the City,
which Notice will be given with reasonable promptness and will identify this Bond and the
Project and include a statement of the amount due.
5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time
extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that
the total time, including extensions, for issuing a Notice of Award shall not in the aggregate
exceed 1.20 days from Bid due date without Surety's written consent.
b. No suit or action shall be commenced under this Bond either prior to 30 calendar days after
the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later
than one year after Bid due date.
7. Any suit or action under this Bond shall be commenced only in a court of competent
jurisdiction located in the State of Georgia,
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their
respective addresses shown on the face of this Bond. Such notices may be sent by personal
delivery, commercial courier or by United States Registered or Certified Mail, return receipt
requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party
concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney
evidencing the authority of the officer, agent or representative who executed this Bond on behalf
of Surety to execute, seal and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any applicable
requirement of any applicable statute that has been omitted from this Bond shall be deemed to be
included herein as if set forth at length. If any provision of this Bond conflicts with any
applicable statute, then the provision of said statute shall govern and the remainder of this Bond
that is not in conflict therewith shall continue in full force and effect.
11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the
particular circumstances.
12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia.
D WITHOUTTHE
POWER OF ATTORNEY
TRAVELERS � Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 22120 Certificate No. 003520288
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company and St, Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut. that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively cailed the "Companies"), and that the Companies do hereby make, constitute and appoint
Tate Wright III, and Cheryl Breitbach
of the City of Atlanta , State of Georgia , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, sea] and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS aWHEREOF, the Compa�tave used this instrument to be signed and their corporate seals to be hereto affixed, this
day of
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
27th
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
�S /v (, q F•`ewcw 6 n1IFD x J.iURA0A�7��'/ ,4�= l P7 BAT -n1^ _ [� a �/ ��� `�Ofl ^"
t932 0 � �97;t 1951 _ "i _ �"' E �w.,»„d' twtrr-0tm, 3•tumFarm,i:$ Nb
r G� � n s i o CONN. 3� \ .•.f
State of Connecticut
City of Hartford ss.
By:
Geor Thompson, nior ice President
27th May 2009
On this the day of , before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
G•T�
In Witness Whereof, I hereunto set my hand and official seal. T A V
My Commission expires the 30th day of June, 2011. '°i1BLIG * `Marie C. TetreaulI. Notary Public
58440-4-09 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
Attached hereto is an executed Bid Bond
QT, a'4 ti) in the amount of _" .1- Dollars ($ (Five Percent of Amount
Bid).
If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a
satisfactory contract in the form of said proposed Contract, and give satisfactory Performance
and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten
days from the date of Notice of Award of the Contract, then the City of Milton may, at its
option, determine that the undersigned abandoned the Contract and there upon this bid shall be
null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of
Milton as liquidated damages.
Bidder acknowledges receipt of the following addenda:
Addendum No.
Date viewed
L(!`"5-:)oI�)
Bidder further declares that the full name and resident address of Bidder's Principal is as
follows: _
Signed, sealed, and dated this Z ^ `X day of f- 7c, t a
Bidder _,. Cs-)0s(Seal)
Company Name
Bidder Mailing Address:
b5
k-& Cca� . n 31'6 '
hes �7 I ti•F�
By:
Title: ' g
r
By
Title:
5 '
QUALIFICATIONS SIGNATURE AND CERTIFICATION
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
I certify that this offer is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or
services and is in all respects fair and without collusion or fraud. I understand collusive bidding
is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage
awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign
this proposal for the proposer. I further certify that the provisions of the Official Code of
Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and
Sections 45-10-20 et seq, have-not been violated and will not be violated in any respect.
Authorized Signature,X-rJ-L-��7^'_'_"_
Dale J. Cronauer
Print/Type Name_ Pre-sirlient
10 - 2-?-- dry t cs
Print/Type Company Name Here 3 I- -�\f% I- C� �yI'ru c- 4., (�M,
CORPORATE CERTIFICATE
Z.l .
certify that I am the Secretary of the Corporation
named as Contractor in the foregoing bid; that V") e 1 r 1 -
who signed said bid in behalf of the Contractor, was then (title) S) Gi. —k
of said Corporation; that said bid was duly signed for and in behalf of said Corporation by
authority of its Board of Directors, and is within the scope of its corporate powers; that said
Corporation is organized under the laws of the State of
This ��' day of -J -^ i~ s- , 20 ca
(Seal) c ]1
ig ure,
21
LIST OF SUBCONTRACTORS
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
I do vl"� , do not , propose to subcontract some of the work on this project. I
propose to Subcontract work to the following subcontractors:
1 1 Y-nv, C
'T_e- � l 0, C, R 3 3
Company Name:
22
BID PRICE CERTIFICATION
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
In compliance with the attached Specification, the undersigned offers and agrees that if this Bid
is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid
opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set
opposite each Item, delivered to the designated point(s) within the time specified in the Bid
Schedule.
COMPANY nS w r ,� Lrsr•► ae
ADDRESS k -13 r-& _ —M, ri [1 '1 AC.UTHORaED
"/' Dale J. Cronauer
PRINT 1 TYPE NAME President
6{1
DISCLOSURE FORM
BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE
This form is for disclosure of campaign contributions and family member relations with City of
Milton officials/employees.
Please complete this form and return as part of your Bid package when it is submitted.
SLOUNT CONSTRUCTION, INC.
Name of Bidder
Name and the official position of the Milton Official to whom the campaign contribution was
made (Please use a separate form for each official to whom a contribution has been made in the
past two (2) years.)
List the dollar amount/value and description of each campaign contribution made over the past
two (2) years by the Applicant/Opponent to the named Milton Official.
Amount/Value Description
Please list any family member that is currently (or has been employed within the last 9 months)
by the City of Milton and your relation:
�1
i hi-IBIOUNT
Construction
�- Company Inc.
Date
Pr� gjgCt
Client
2000
Old Covington Hwy
City of Covington
2001
Houze Way
City of Roswell
2001
Trammell Road
Forsyth County
2001
Liberty Hill Road
Troup County
2001
Jot -em Down Road
Forsyth County
2002
Jones Road
City of Roswell
2002
Settindown Road
Forsyth County
2002
Rebel Road
Forsyth County
2003
Various County Roads
Greene County
2003
City Streets
City of Covington
2003
Hutchinson Road
Forsyth County
2003
Hardscrabble Road
City of Roswell
2003
Burnt Bridge Road
Forsyth County
2003
Industrial Way
Forsyth County
2003
Southers Circle
Forsyth County
2004
Brown Industrial Road
Canton
2004
Riverside Drive
City of Roswell
2004
Sharon Road
Forsyth County
2004
City Streets
City of Gainesville
2404
City Streets
City of Covington
2004
Windward Connector
City of Alpharetta
2005
Nuckouls Road
City of Cumming
2005
Norcross and Warsaw Roads
City of Roswell
2005
Rockdale Co. Roads
Rockdale County
2000
County Streets
Rockdale County
2006
Ronald Regan Pkwy
Forsyth County
2006
Cox Road Phase I
City of Roswell
2006
Old Alabama Road
City of Roswell
2007
Old Federal Road
Forsyth County
2007
Bettis Tribble Gap
Forsyth County
2007
City Roads Reconstruction
City of Roswell
2007
Willeo Road
JJEfCity of Roswell
2007
Cox Road Phase II
City of Roswell
2008
North Point Pkwy/Acworth
Milwaukee Ins. Corp.
2008
Pace Street
City of Covington
2008
Majors Road
Carson Development
2008
McGinnis Ferry Road
Forsyth County
2009
Rockdale Co. Roads
Rockdale County
2049
Howard Road
Forsyth County
2009
2010 Reconstruction
City of Sandy Springs
2009
James Burgess Road
Forsyth Cour my
1730 Sands Place
Marietta, GA 30067
Phone: 770-541-7333
Fax: 770-541-7340
EXHIBIT “C”
PAYMENT BOND
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company, Inc.(as
CONTRACTOR, hereinafter referred to as the “Principal”), and (as
SURETY COMPANY, hereinafter referred to as the “CONTRACTOR‟S SURETY”), are held
and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the
“City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of
Dollars ($ ), lawful money of the United States of America, for the payment of
which the Principal and the Contractor‟s Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered, or is about to enter, into a certain written
agreement with the City, dated , which is incorporated herein by reference in
its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project
known as FY10 Reconstruction Projects (Hickory Flat Rd, Thompson Rd, Morris Rd),
(hereinafter referred to as “the PROJECT”).
NOW THEREFORE, the condition of this obligation is such that if the Principal shall
promptly make payment to any Claimant, as hereinafter defined, for all labor, services and
materials used or reasonably required for use in the performance of the Contract, then this
obligation shall be void; otherwise to remain in full force and effect.
A “Claimant” shall be defined herein as any Subcontractor, person, Party, partnership,
corporation or other entity furnishing labor, services or materials used or reasonably required for
use in the performance of the Contract, without regard to whether such labor, services or
materials were sold, leased or rented, and without regard to whether such Claimant is or is not in
privity of the Contract with the Principal or any Subcontractor performing Work on the Project.
In the event of any claim made by the Claimant against the City, or the filing of a Lien
against the property of the City affected by the Contract, the Contractor‟s Surety shall either
settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in
the Contract.
The Parties further expressly agree that any action on this Bond may be brought within
the time allowed by Georgia law for suit on contracts under seal.
IN WITNESS WHEREOF, the Principal and Contractor‟s Surety have hereunto affixed
their corporate seals and caused this obligation to be signed by their duly authorized officers on
this day of , 20 .
(Blount Construction Company, Inc.)
By:
Title: (SEAL)
(Signatures Continued on Next Page)
Attest:
______________________
Title:_________________
Date:__________________
(Name of Contractor’s Surety)
By:
Title: (SEAL)
Attest:
_____________________
Date:_________________
(ATTACH SURETY‟S POWER OF ATTORNEY)
PERFORMANCE BOND
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company,
Inc. (as CONTRACTOR, hereinafter referred to as the “Principal”), and
____________________ (as SURETY COMPANY, hereinafter
referred to as the “CONTRACTOR‟S SURETY”), are held and firmly bound unto the City of
Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of
any “Claimant,” as hereinafter defined, in the sum of Dollars
($ ), lawful money of the United States of America, for the payment of which the
Principal and the Contractor‟s Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered, or is about to enter, into a certain written
agreement with the City, dated the of , 20 which is incorporated
herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the
construction of a project known as FY10 Reconstruction Projects (Hickory Flat Rd, Thompson
Rd, Morris Rd), (hereinafter referred to as “the PROJECT”).
NOW THEREFORE, the conditions of this obligation are as follows:
5. That if the Principal shall fully and completely perform each and all of the terms,
provisions and requirements of the Contract, including and during the period of
any warranties or guarantees required thereunder, and all modifications,
amendments, changes, deletions, additions, and alterations thereto that may
90
hereafter be made, and if the Principal and the Contractor‟s Surety shall
indemnify and hold harmless the City from any and all losses, liability and
damages, claims, judgments, liens, costs and fees of every description, including
but not limited to, any damages for delay, which the City may incur, sustain or
suffer by reason of the failure or default on the part of the Principal in the
performance of any and all of the terms, provisions and requirements of the
Contract, including all modifications, amendments, changes, deletions, additions,
and alterations thereto and any warranties or guarantees required thereunder, then
this obligation shall be void; otherwise to remain in full force and effect;
6. In the event of a failure of performance of the Contract by the Principal, which
shall include, but not be limited to, any breach of default of the Contract:
a. The Contractor‟s Surety shall commence performance of its obligations
and undertakings under this Bond no later than thirty (30) days after
written notice from the City to the Contractor‟s Surety; and
b. The means, method or procedure by which the Contractor‟s Surety
undertakes to perform its obligations under this Bond shall be subject to
the advance written approval of the City.
The Contractor‟s Surety hereby waives notice of any and all modifications, omissions,
additions, changes and advance payments or deferred payments in or about the Contract, and
agrees that the obligations undertaken by this Bond shall not be impaired in any manner by
reason of any such modifications, omissions, additions, changes, and advance payments or
deferred payments. The Parties further expressly agree that any action on this Bond may be
brought within the time allowed by Georgia law for suit on contracts under seal.
91
IN WITNESS WHEREOF, the principal and Contractor‟s Surety have hereunto affixed
their corporate seals and caused this obligation to be signed by their duly authorized officers or
attorneys-in-fact, this day of , 20 .
(Blount Construction Company, Inc.)
By: ___________
Title: (SEAL)
Attest:
_____________________
Title:________________
Date:_________________
(Name of Contractor’s Surety)
By:____ _____
Title: (SEAL)
Attest:
_____________________
Date:_________________
(ATTACH SURETY‟S POWER OF ATTORNEY)
92
PROJECT MAINTENANCE BOND
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company,
Inc. (as CONTRACTOR, hereinafter referred to as the “Principal” located at 1730 Sands Place,
Marietta, Georgia 30067 (770) 541-7333, and _________________________ (as SURETY
COMPANY, hereinafter referred to as the “Contractor‟s Surety”), are held an d firmly bound
unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use
and benefit of the City for maintenance of Streets as described below in the sum of
____________________ Dollars ($__________), lawful money of the United States of America,
for the payment of which the Principal and the Contractor‟s Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered, or is about to enter, into a certain written
Agreement with the City, dated ____________________, which is incorporated herein by
reference in its entirety (hereinafter referred to as the “Agreement”), for the construction of
certain Streets as contemplated by that Project for FY10 Reconstruction Projects (Hickory Flat
Rd, Thompson Rd., Morris Rd.) (hereinafter referred to as the “Project”); and
WHEREAS, said Project is to be approved by the City of Milton, under the terms that a
maintenance bond is required of said Principal and good and sufficient surety payable to the
City, and conditioned that the Principal shall, for a period of one (1) year beginning on
______________, maintain all streets (“Streets”) involved in said Project in accordance with all
93
applicable federal and state laws, with the Agreement, and with all applicable City regulations,
including but not limited to the Code of Ordinances for the City of Milton, Georgia, in force as
of the date of said approval.
NOW THEREFORE, the conditions of this obligation are as follows:
7. That if the Principal shall maintain the Streets as described above; and if the
Principal and the Contractor‟s Surety shall indemnify and hold harmless the City
from any and all losses, liability and damages, claims, judgments, liens, costs and
fees of every description, including but not limited to, any damages for costs of
maintenance of Streets, which the City may incur, sustain or suffer by reason of
the failure or default on the part of the Principal in the performance of any and all
of the terms, provisions and requirements described herein, then this obligation
shall be void; otherwise to remain in full force and effect;
8. In the event of a failure of performance by the Principal;
a. The Contractor‟s Surety shall commence performance of its obligations
and undertakings under this Bond no later than thirty (30) days after
written notice from the City to the Contractor‟s Surety;
b. The means, method or procedure by which the Contractor‟s Surety
undertakes to perform its obligations under this Bond shall be subject to
the advance written approval of the City.
The Parties further expressly agree that any action on this Bond may be brought within
the time allowed by Georgia law for suit on contracts under seal.
IN WITNESS WHEREOF, the Principal and Contractor‟s Surety have hereunto affixed
their corporate seals and caused this obligation to be signed by their duly authorized officers on
this ____ day of __________, 20___.
94
(Blount Construction Company, Inc.)
By: ______________________________
Name, Title:________________________
(SEAL)
Attest:
By:______________________________
Name, Title:_______________________
Date: ____________________
(Name of Contractor’s Surety)
By: ______________________________
Name, Title:________________________
(SEAL)
Attest:
By:______________________________
Name, Title:_______________________
Date: ____________________
(ATTACH SURETY‟S POWER OF ATTORNEY)
95
EXHIBIT “D”
KEY PERSONEL
None
96
EXHIBIT “E”
STATE OF GEORGIA
CITY OF MILTON
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. §
13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with
the City of Milton has registered with and is participating in a federal work authorization
program, in accordance with the applicability provisions and deadlines established in O.C.G.A. §
13-10-91.
The undersigned further agrees that, should it employ or contract with any subcontractor(s) in
connection with the physical performance of services pursuant to this contract with the City of
Milton, contractor will secure from such subcontractor(s) similar verification of compliance with
O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form
attached hereto as Exhibit “F.” Contractor further agrees to maintain records of such compliance
and provide a copy of each such verification to the City of Milton at the time the subcontractor(s)
is retained to perform such service.
________________________________________
EEV / Basic Pilot Program User Identification Number
________________________________________
BY: Authorized Officer or Agent Date
(Blount Construction Company, Inc)
_________________________________________
Title of Authorized Officer or Agent of Contractor
_________________________________________
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF ______________________, 20__
________________________________________
Notary Public
My Commission Expires:
___________________
97
EXHIBIT “F”
STATE OF GEORGIA
CITY OF MILTON
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A.
§ 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the
physical performance of services under a contract with (name of contractor) on behalf of the City
of Milton has registered with and is participating in a federal work authorization program, in
accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91.
________________________________________
EEV / Basic Pilot Program User Identification Number
________________________________________
BY: Authorized Officer or Agent Date
(Highway Markings, LLC)
_________________________________________
Title of Authorized Officer or Agent of Subcontractor
_________________________________________
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF ______________________, 20__
_________________________________________
Notary Public
My Commission Expires:
_________________________________________
98
EXHIBIT “G”
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
STATE OF GEORGIA
CITY OF MILTON
________________________________________, being first duly sworn, deposes and says that:
(1) He is ___________________________ (Owner, Partner, Officer, Representative, or Agent) of
Blount Construction Company, Inc. (the “Bidder”) that has submitted a Bid to the City of Milton for the
FY10 Reconstruction Projects (Hickory Flat, Thompson Rd, Morris Rd);
(2) He is fully informed respecting their preparation and contents of the Bid and of all pertinent
circumstances respecting such Bid;
(3) Such Bid was genuine and was not a collusion or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or
agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in
connection with the Contract for which the attached Bid has been submitted to or refrain from bidding in
connection with such Contract, or has in any collusion or communication or conference with any other
Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to secure
through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of
Milton, Georgia or any person interested in the proposed Contract; and,
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents,
representatives, owners, employees, or parties in interest, including this affidavit.
(6) Bidder has not directly or indirectly violated O.C.G.A. § 36-91-21(d).
(Signed)
____________________________
(Name)
Subscribed and Sworn to before me
______________________________
this ________ day of ______________________, 20____.
Title ___________________________
________________________ (SEAL)
My Commission Expires _______________
Date
END OF AGREEMENT
PROFESSIONAL SERVICES AGREEMENT (RFQ #08-001) WITH
KIMLEY-HORN AND ASSOCIATES, INC.
TASK ORDER 10-KHA-02
DATED AUGUST 2, 2010
CONSTRUCTION INSPECTION SERVICES FOR FY10
RECONSTRUCTION PROJECTS (HICKORY FLAT RD,
THOMPSON RD, MORRIS RD)
This TASK ORDER between the parties is entered into pursuant to the above referenced
AGREEMENT (RFQ #08-001), incorporated herein by reference, and shall serve as
authorization by the City of Milton (referred to herein as “City”) to Kimley-Horn and
Associates, Inc. (referred to herein alternately as “Consultant” and “Kimley-Horn”) to
perform the services described herein pursuant to the terms and conditions, mutual
covenants and promises provided herein and in the AGREEMENT (RFQ #08-001). Now
therefore, the parties agree as follows:
Description of PROJECT:
The City of Milton recently released an invitation to bid for three road segments of
foamed asphalt full depth reclamation and resurfacing work totaling approximately 3
miles, (the final scope of work to be provided in the contract (the “Road Agreement”)
between the City and Blount Construction Company, Inc. (the “Contractor”)). Only one
segment will be under construction at a time. Consultant will be provided a complete
copy of the fully executed Road Agreement.
Description of Construction Inspection Services:
Kimley-Horn and their subconsultant, KCI Technologies Inc. (“KCI”), shall provide
construction inspection services to the City. The Consultant shall utilize procedures,
methods, standards and document activities as for construction supervision and
inspection of a Georgia Department of Transportation (GDOT) project.
Construction inspectors shall maintain daily records that record weather conditions,
contractor activities, contractor representatives present, locations where work is being
performed, and other site related details. Inspectors shall inspect materials being placed
on roadway and complete pay item reports as needed or required by Road Agreement.
Inspectors shall also monitor contractor activities, traffic control, weather, and other
conditions that affect work being preformed. This shall include on-site inspection of work
to ensure that the work being performed meets Road Agreement specifications.
Documentation
Consultant shall provide the City a copy of all documentation collected, tested, and
recorded by the construction inspector.
Project Management
Kimley-Horn will manage KCI and will coordinate tasks with the City.
Fee
This task order is part of an on-call professional engineering and planning services
contract. KCI inspection services shall be billed to the city for working days at the 2010
day and half day rates and daily vehicle rate listed in Exhibit C of Agreement and shown
in Attachment A, attached hereto and incorporated herein by reference. KCI shall not
exceed $26,260 and Kimley-Horn project management fee shall not exceed $3,016 as
shown in Attachment A. The maximum total fee for this Task Order 10-KHA-01 shall
not exceed $29,276 including direct costs. Kimley-Horn will not invoice in excess of the
maximum proposed total amount of $29,276 without the prior written approval of the
City of Milton.
Design Specifications and Guidelines
The CONSULTANT shall coordinate the proposed services with any proposed
construction plans and within the project limits. This TASK ORDER is subject to the
terms and conditions of the original AGREEMENT (RFQ #08-001) entered between the
parties.
General Scope of Service:
The WORK under this TASK ORDER is to be commenced upon CONSULTANT’S
receipt from the City of a written “Notice to Proceed” (NTP) for each phase. The WORK
is anticipated to be completed within 45 calendar days after Notice to Proceed.
Every 30 days commencing with the execution of this TASK ORDER, the
CONSULTANT shall submit to the City a written report which shall include, but not be
limited to, a narrative describing actual work accomplished during the reporting period, a
description of problem areas, current and anticipated delaying factors and their impact,
explanations of corrective actions taken or planned, and any newly planned activities or
changes in sequence (hereinafter referred to as “Narrative Report”). No invoice for
payment shall be submitted and no payment whatsoever will be made to the
CONSULTANT until the completion of Narrative Reports are updated and submitted to
the City. In no event shall payment be made by the City to the CONSULTANT more
often than once every 30 days.
The CONSULTANT shall attend the Preconstruction meeting prior to the
commencement of the construction activities. The CONSULTANT shall submit to the
City transmittals of all correspondence, telephone convers ations, and minutes of project
meetings.
The fee shall be paid as provided in the AGREEMENT; however, CONSULTANT
agrees that fees are earned pursuant to the WORK performed, which in no event shall
exceed the amount set forth in the attached Fee Schedule.
Attachments:
Attachment A – Fee Schedule
CITY OF MILTON: CONSULTANT:
By: __________________________ By: ________________________________
Title:_________________________ Title:_______________________________
Name:________________________ Name:______________________________
Date: ________________________ Date: ______________________________
Attachment A – Fee Schedule
Page 1 of 10
Prepared by the Community Development Department for the
Mayor and City Council Meeting August 2, 2010
(First Presentation)
PETITION NUMBER(S):
ZM10-02
PROPERTY INFORMATION
ADDRESS Hidden Forest S/D on Morris Road & Bethany Bend
DISTRICT, LAND LOT 2/1, 972, 973
OVERLAY DISTRICT State Route 9
EXISTING ZONING TR (Townhouse Residential) Z02-105, ZM03-67
ACRES 21.66
EXISTING USE Partially Developed Townhouse Subdivision and single family homes
OWNER/APPLICANT JSB Triangle, Inc, Javad Oskoei
ADDRESS P.O. Box 669
Alpharetta, GA 30009
REPRESENTATIVE Nathan V. Hendricks, III
ADDRESS 6085 Lake Forrest Drive
Atlanta, GA 30328
(404) 255-5161
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
ZM10-02 – APPROVAL CONDITIONAL
INTENT
To modify 2002Z-105 and 2003ZM-067/2003VC-0247 to modify Condition 2.a. (2003ZM-
067) by deleting the March 28, 2003 site plan currently referenced and substituting and
placing in lieu thereof the site plan filed on June 30, 2010. To Modify condition 3.e.
(2002Z-105) by reducing the minimum 50-foot perimeter principal building setback to 35
feet where the subject site adjoins property zoned AG-1 (Agricultural).
Page 2 of 10
Prepared by the Community Development Department for the
Mayor and City Council Meeting August 2, 2010
(First Presentation)
LOCATION MAP/ZONING MAP
Page 3 of 10
Prepared by the Community Development Department for the
Mayor and City Council Meeting August 2, 2010
(First Presentation)
SITE PLAN SUBMITTED JUNE 30, 2010 (Area to be modified)
Page 4 of 10
Prepared by the Community Development Department for the
Mayor and City Council Meeting August 2, 2010
(First Presentation)
AERIAL WITH EXISTING LOT LINES
Page 5 of 10
Prepared by the Community Development Department for the
Mayor and City Council Meeting August 2, 2010
(First Presentation)
OVERALL SITE PLAN SUBMITTED JUNE 30, 2010
Page 6 of 10
Prepared by the Community Development Department for the
Mayor and City Council Meeting August 2, 2010
(First Presentation)
Location of berm along lot 112
Subject site looking east toward Bethany Bend
Page 7 of 10
Prepared by the Community Development Department for the
Mayor and City Council Meeting August 2, 2010
(First Presentation)
Subject site looking from approximately lot 110 toward Spring Valley Townhomes
Analysis and Recommendations
The subject site contains 21.66 acres and is partially developed with attached townhomes
and single family detached homes. Pursuant to 2002Z-105 the site is approved for 118 total
residential dwelling units at a maximum density of 5.48 units per acre. All dwelling units north
of Camp Creek shall be detached single family units and not exceed 3.0 units per acre of
which all other units south of Camp Creek can be attached units.
Pursuant to 2003ZM-067/2003VC-247, the applicant received approval for a revised site plan
received by the Fulton County Department of Environment and Community Development
and concurrent variance to reduce the perimeter setback for new streets from 50 feet to 10
feet adjacent to agriculturally and residentially zoned properties.
COMMUNITY ZONING INFORMATION MEETING – July 28, 2010
At the time of the writing of this report, the CZIM meeting had not taken place.
EXISTING Condition 3.e. To provide a minimum 50-foot perimeter principal building setback
where the subject site adjoins property zoned AG-1 (Agricultural).
Page 8 of 10
Prepared by the Community Development Department for the
Mayor and City Council Meeting August 2, 2010
(First Presentation)
PROPOSED Condition 3.e. To provide a minimum 35-foot perimeter principal building setback
where the subject site adjoins property zoned AG-1 (Agricultural).
The applicant is requesting that lots 108 through 118 in the northeast portion of the subject
site be reduced from a 50-foot perimeter principal building setback to a 35-foot perimeter
principal building setback. Staff notes that since the time of the original rezoning pursuant to
Z2002-105, the property to the east and south of the subject site (Lots 118-113) is now zoned
TR (Townhouse Residential) including a Use Permit for senior housing pursuant to RZ08-08, U08-
04.
Lots 112 through 109 are adjacent to property zoned AG-1 (Agricultural). The closest single
family residence is approximately 90 feet from lot 113 (Walls Property) and 200 feet from lot
112 (Buice Property). Staff notes that there is also a required 25-foot undisturbed buffer and
10-foot improvement setback along lots 109 through 118. In addition, along lot 112, there is
an earthen berm to the southwest of the requested 35-foot perimeter principal building
setback.
Bisecting lot 110 is a 20 foot public sanitary sewer easement which would r esult in a potential
single family residence being built further from the Buice Property.
The Wall’s property abuts the common area and lots 109 and 110. The Walls residence is
located near Bethany Bend and a large distance from the aforementioned lots which are
directly adjacent to it. In addition, based on the required 25-foot undisturbed buffer and 10-
foot improvement setback, any future single family residences will be buffered from the
existing AG-1 (Agricultural) single family residences.
Based on the facts discussed above, it is Staff’s opinion that the reduction in the perimeter
principal setback from 50 feet to 35 feet will not have an adverse effect on either the Buice
properties or the Walls property currently zoned AG-1 (Agricultural). Therefore, Staff
recommends that Condition 3.e. be APPROVED CONDITIONAL.
EXISTING Condition 2a. To the site plan received by the Department of Environment and
Community Development on March 28, 2003. Said site plan is conceptual only and must
meet or exceed the requirements of the ongoing Resolution 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.
PROPOSED Condition 2a. To the revised site plan received by the City of Milton Community
Development Department on June 30, 2010. Said site plan is conceptual only and must meet
or exceed the requirements of the ongoing Resolution 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.
Page 9 of 10
Prepared by the Community Development Department for the
Mayor and City Council Meeting August 2, 2010
(First Presentation)
The applicant has submitted a revised site plan to the City of Milton Community
Development Department on June 30, 2010 to reflect the requested change to condition
3.e. as described above. The revised site plan also depicts the change in zoning from AG-1
(Agricultural) to TR (Townhouse Residential) and an approved Use Permit for senior housing
(Bajun American Properties, LP). Therefore, the 50-foot perimeter principal building setback is
no longer applicable to the lots adjacent to the Bajun American Properties, L.P. located
between lots 113 through 118 and including the common area adjacent to Flamingo Road.
Based on Staff’s recommendation to approve the reduction of the 50-foot perimeter
principal building setback to 35 feet adjacent to property that is currently zoned AG -1
(Agricultural), Staff recommends APPROVAL CONDITIONAL of Condition 2.a. for the revised
site plan submitted on June 30, 2010.
Page 10 of 10
Prepared by the Community Development Department for the
Mayor and City Council Meeting August 2, 2010
(First Presentation)
RECOMMENDED CONDITIONS
Should the Mayor and City Council approve this petition, the recommended conditions
(ZM10-02) should be revised to read as follows:
2. To the owner's agreement to abide by the following:
a. To the revised site plan received by the City of Milton Community Development
Department on June 30, 2010. Said site plan is conceptual only and must meet or
exceed the requirements of the ongoing Resolution 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:
e. To provide a minimum 35-foot perimeter principal building setback where the
subject site adjoins property zoned AG-1 (Agricultural).
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON PETITION NO. ZM10-02
AN ORDINANCE TO MODIFY CONDITIONS OF A RESOLUTION BY THE FULTON
COUNTY BOARD OF COMMISSIONERS APPROVED PETITIONS 2002Z-105 ON MAY 3,
2003 AND 2003ZM-067 ON FEBRUARY 4, 2004 AND TO MODIFY CONDITIONS OF AN
ORDINANCE BY THE CITY OF MILTON MAYOR AND CITY COUNCIL ON AUGUST 16,
2010, ZM10-02, PROPERTY LOCATED ON BETHANY BEND AND MORRIS ROAD IN
LAND LOTS 972 AND 973 OF THE 2ND DISTRICT 1ST SECTION CONSISTING OF
APPROXIMATELY 21.66 ACRES.
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
August 16, 2010 at 6:00 p.m. as follows:
SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners,
approved on May 3, 2003, for petition 2002Z-105 that approved a zoning to TR (Townhouse
Residential) and for petition 2003ZM-067 that approved a zoning modification to revise a site plan on
Bethany Bend and Morris Road consisting of a total of approximately 21.66 acres, attached hereto and
made a part herein;
ALL THAT TRACT or parcel of land located in Land Lots 972 and 973 of the 2nd District 1st Section of
the attached legal description; and
SECTION 2. That the property shall be developed in compliance with the conditions of
approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not
authorize the violation of any district regulations; and
SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this
ordinance are hereby repealed; and
SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City
Council and the signature of approval of the Mayor.
ORDAINED this 16th day of August 2010.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, Interim City Clerk
(Seal)
CONDITIONS OF APPROVAL
ZM10-02
Bethany Bend and Morris Road
Should the Mayor and City Council approve this petition, the recommended
conditions (ZM10-02) should be revised to read as follows:
2. To the owner's agreement to abide by the following:
a. To the revised site plan received by the City of Milton Community
Development Department on June 30, 2010. Said site plan is conceptual only
and must meet or exceed the requirements of the ongoing Resolution 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:
e. To provide a minimum 35-foot perimeter principal building setback where
the subject site adjoins property zoned AG-1 (Agricultural).
REVISED OVERALL SITE PLAN SUBMITTED JUNE 30, 2010
ZM10-02 REVISED SITE PLAN SUBMITTED JUNE 30, 2010
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Lynn Tully, AICP, Community Development Director
Date: July 20, 2010 for Submission onto the August 16, 2010, City Council
Meeting (First Presentation, August 2, 2010)
Agenda Item: RZ10-02 - Text Amendments to various section of Chapter 64, City of Milton
Zoning Ordinance to be consistent with the City of Milton Telecommunications
Ordinance (Chapter 54 of the City Code of Ordinances).
CMO (City Manager’s Office) Recommendation:
To approve the recommend deletions/amendments of Chapter 64, City of Milton Zoning
Ordinance in order to be consistent with the City of Milton Telecommunications Ordinance .
Background:
The Mayor and City Council approved a Telecommunications Ordinance (Chapter 54 of the City
Code of Ordinances) on December 7, 2009. An amended version is tentatively scheduled to
come before the Mayor and City Council on August 2, 2010 for approval. This ordinance
addresses all aspects of location, site requirements, height, etc. of telecommunication towers.
Staff recommends that where the Zoning Ordinance addresses any type of telecommunication
structures/equipment that it should be deleted or amended to be consistent with the
Telecommunications Ordinance.
Discussion:
There are a total of five sections within the Zoning Ordinance that address telecommunication
towers that are being amended or deleted. Below is a short explanation of each:
1) Section 64-74- Nonconforming lots, uses and structures. This section states that
existing facilities on the effective date of the zoning ordinance shall be allowed to
continue to be used; routine maintenance, including modifications to accommodate the
collocation of an additional user, shall be permitted on existing facilities; and
replacement of antennas on a structure with different antennas shall be considered
routine maintenance so long as it does not increase the height of any existing structure.
This section should be deleted because it is addressed in the Telecommunications
Ordinance.
2) Section 64-1097- Miscellaneous provisions of the State Route 9 Overlay District.
The State Route 9 Overlay District does address the aesthetics and size of
telecommunication structures. Staff recommended deletion of the height reference
based on the fact that the Telecommunications Ordinance addresses heights of towers
for the entire City. In addition, the Telecommunications Ordinance addresses the
removal of towers that discontinue operation.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
The requirement for stealth design within the SR 9 Overlay District remains since this is
a requirement that is more strict then the Telecommunications Ordinance and addresses
the aesthetics of the tower.
3) Section 64-1592- Alternative antenna support structure to exceed the district
height. This section is the administrative permit that allows alternative structures up to
130 feet in height within all zoning districts. This entire section should be deleted
because all towers including alternative antenna support structures and stealth
technology are addressed within the Telecommunications Ordinance.
4) Section 64-1594- Antenna, tower and associated structures (radio, T.V., microwave
broadcasting, etc.) to exceed the district height. (O-I, C-1 M-1A, M-1, M-2) This
section is the administrative permit that allows towers to exceed the district height up to
200 feet in height within the O-I (Office-Institutional), C-1 (Community Business), C-2
(Commercial), M-1A (Industrial Park), M-1 (Industrial), M-2 (Heavy Industrial). This entire
section should be deleted because all tower heights and other requirements are
addressed within the Telecommunications Ordinance
5) Section 64-1801- Antenna tower and associated structure (radio, T.V., microwave
broadcasting, etc.) to exceed the district height (Residential districts, MIX and AG-
1) This section is the use permit that allows towers to exceed the district height up to
200 feet in height within residential districts, MIX (Mixed Use) and AG-1 (Agricultural).
This entire section should be deleted because all tower heights and other requirements
are addressed within the Telecommunications Ordinance.
Alternatives:
The Council may allow the ordinances to remain as existing, however they may conflict with the
proposed Telecommunications Ordinance.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney
RZ10-02 – Text Amendment to delete or amend the Zoning Ordinance to be consistent with the City of Milton
Telecommunications Ordinance
City Council Meeting – August 2, 2010 (First Presentation)
1
Sec. 64-74. - Nonconforming lots, uses and structures.
Within the zoning districts established by this ordinance, there may exist lots, structures, and uses of
both land and structures which were lawful before this ordinance was adopted or subsequently amended, but
which would be prohibited, regulated, or restricted under the terms of this zoning ordinance as adopted or
subsequently amended. Nonconforming lots, uses and structures may continue in their nonconforming status
with the following limitations and requirements:
(1) Nonconforming lot. A single, lawful lot-of-record which does not meet the requirements of this ordinance for area
or dimensions, or both, may be used for the buildings and accessory buildings necessary to carry out permitted uses
subject to the following provisions:
a. Parking space requirements as provided for in article VIII are met;
b. Such lot does not adjoin another vacant lot or portion of a lot in the same ownership; and
c. If two or more adjoining lots or portions of lots in single ownership do not meet the requirements
established for lot width, frontage or area, the property involved shall be treated as one lot, and no portion of
said lot shall be used or sold in a manner which diminishes compliance with this ordinance. This subsection
shall not apply to nonconforming lots when 50 percent or more of adjoining lots on the same street are the
same size or smaller.
(2) Nonconforming uses of land. When a use of land is nonconforming pursuant to the provisions of this ordinance,
such use may continue as long as it remains otherwise lawful and complies with the following provisions:
a. No nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than
that which was occupied at the time use became nonconforming;
b. No nonconforming use shall be moved in whole or in part to any other portion of the lot not occupied by
such use at the time the use became nonconforming; and
c. If any nonconforming use of land ceases for a period of more than one year, any subsequen t use of such
land shall comply with this ordinance.
(3) Nonconforming use of structures. If a lawful use of structure, or of a structure and lot in combination, exists at the
effective date of this zoning ordinance or its subsequent amendment that would not be allowed under provisions of
this ordinance as adopted or amended, the use may be continued so long as it complies with other regulations,
subject to the following conditions:
a. No existing structure devoted to a use not permitted by this ordinance shall be enlarged, extended,
constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a
permitted use;
b. Any nonconforming use may be extended throughout any part of a building which was arranged or
designed for such use at the time the use became nonconforming, but no such use shall be exte nded to
occupy any land outside such building;
c. If no structural alterations are made, any nonconforming use of a structure or structure and land may be
changed to another nonconforming use of the same or more restrictive nature;
RZ10-02 – Text Amendment to delete or amend the Zoning Ordinance to be consistent with the City of Milton
Telecommunications Ordinance
City Council Meeting – August 2, 2010 (First Presentation)
2
d. When a nonconforming use of a structure or a structure and land in combination is replaced with a
conforming use, such structure or land may not later revert to a nonconforming use;
e. When a nonconforming use of a structure or structure and land in combination is disco ntinued or
abandoned for one year, the structure or structure and land in combination shall not thereafter be used
except in conformance with the regulations of the district in which it is located; and
f. A nonconforming use of a structure or a nonconforming use of land shall not be extended or enlarged by
attachment to a building or land of additional signs which can be seen from off the land or by the addition of
other uses of a nature which would be prohibited generally in the district.
(4) Nonconforming structures. When a structure exists on the effective date of this zoning ordinance or its
amendments that could not be built under the terms of this ordinance because of restrictions on building area, lot
coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may remain
as long as it complies with all other zoning regulations, subject to the following conditions:
a. No structure may be enlarged or altered in a way which increases its nonconformi ty;
b. Destruction, by any means, of more than 60 percent of the gross square footage of a structure shall
require that the structure be reconstructed in conformity with the provisions of this ordinance;
c. Any structure which is moved, for any reason and for any distance whatever, shall conform to the
regulations for the district in which it is located; or
d. Telecommunications facilities.
1. All telecommunications facilities existing on the effective date of this zoning ordinance shall be
allowed to continue to be used as they presently exist.
2. Routine maintenance, including modifications to accommodate the collocation of an additional
user, shall be permitted on existing telecommunications facilities.
3. Replacement of antennas on a structure with different antennas shall be considered routine
maintenance so long as the replacement antenna does not increase the height of any existing
structure.
(5) Rezoning which results in nonconforming structures. When a property containing lawful structures is rezoned, the
following shall apply:
a. The approval of the rezoning by the city council shall automatically adjust minimum/maximum yards to the
extent necessary for existing structures to comply.
b. All new construction, expansions or additions shall comply with the minimum yard requirements of the
new district.
RZ10-02 – Text Amendment to delete or amend the Zoning Ordinance to be consistent with the City of Milton
Telecommunications Ordinance
City Council Meeting – August 2, 2010 (First Presentation)
3
c. Buffers and landscape areas shall be established by conditions of zoning which shall have precedence
over the district standards contained in section 64-237
.
d. Destruction or removal of buildings which preexisted rezoning shall reinstate the development standards
of the then applicable district provisions of this zoning ordinance.
(6) Exemptions due to state or city action. Whenever a lot becomes nonconforming as a result of land acquisition by
the county or state, building permits shall be granted for new construction provided the proposed structure complies
with all but lot area requirements, and setback requirements shall be reduced without the requirement for a variance
to the extent of the width of the acquired property.
Whenever a structure becomes nonconforming as a result of city, county or state action other than an
amendment to this zoning ordinance, the use of the structure may continue and the structure may be replaced
as though no nonconformity exists if, subsequent to such action, the structure is destroyed
RZ10-02 – Text Amendment to delete or amend the Zoning Ordinance to be consistent with the City of Milton
Telecommunications Ordinance
City Council Meeting – August 2, 2010 (First Presentation)
4
Sec. 64-1097. - Miscellaneous provisions. (State Route 9 Overlay District)
(a) Telecommunications switchboards, power generators, and other telecommunications relay equipment rooms
or floors housing such uses are limited to the following areas of a building:
(1)Subterranean levels;
(2)First and second floors which are set back a minimum of 50 feet from the street; or
(3)Third and fourth floors.
(b) Stealth design is required for all cell towers.
(c) Height of cell towers shall not exceed 199 feet.
(d) The wireless communications facility shall be disassembled and removed from the site within 90 days of the
date its use for wireless telecommunications is discontinued.
(e) Neither parking lots nor areas immediately adjacent to a building shall be used for storage or sale of goods.
(f) Storage of shopping carts is allowed without a permit.
(g) Displaying or sale of goods outside the interior permanent and sheltered portions of a building is prohibited.
Exceptions: seasonal holiday trees, pumpkins, and open air fairs provided an administrative permit is
obtained, pursuant to section 64-1608.
(h) Vending machines, paper stands, and other similar devices must be located interior to the building structure.
RZ10-02 – Text Amendment to delete or amend the Zoning Ordinance to be consistent with the City of Milton
Telecommunications Ordinance
City Council Meeting – August 2, 2010 (First Presentation)
5
Sec. 64-1592. - Alternative antenna support structure to exceed the district height.
Pursuant to section 704(a) of the Federal Telecommunications Policy Act of 1996, it is not the intent
of this section to prohibit or have the effect of prohibiting the provision of p ersonal wireless services in the city.
It is the intent of this section to address the aesthetic effect of telecommunication facilities on our landscapes,
our citizens' demands for these services, and the needs of service providers.
(1) Required districts. All.
(2) Standards.
a. Alternative structures are not allowed as an accessory to a single -family use or as a principal
use in a single-family district.
b. Alternative structures must be set back a distance equal to the height of the structure adjacent to
residential or AG-1 zoned property unless said structure is proposed to be located on an existing
building.
c. Above ground equipment shelters shall be surrounded by a minimum ten-foot wide landscape
strip planted to buffer standards unless the city arborist determines that existing plant materials
are adequate.
d. Rooftop antennas and associated structures shall not project more than ten feet above roof line.
e. Height shall not exceed 130 feet measured from the finished grade of the base structure.
f. The alternative structure shall comply with applicable state and local statutes and ordinances
including, but not limited to, the building and safety codes. Alternative structures which have
become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and
local statutes and ordinances.
g. Facilities shall not be artificially lighted except to ensure human safety or as required by the
Federal Aviation Administration (FAA).
h. Communication towers shall be designed and constructed to ensure that the structural failure or
collapse of the tower will not create a safety hazard to adjoining properties, according to
applicable federal standards which may be amended from time to time.
I Telecommunications facilities shall not be used for advertising purposes and shall not contain
any signs for the purpose of advertising.
j. Any telecommunications facility may collocate on any existing tower, pole or other structure as
long as there is no increase in height to the existing facility.
k. A telecommunications facility that ceases operation for a period of 12 consecutive months shall
be determined to have terminated and shall be removed within 90 days of termination at the
property owner's expense. It shall be the duty of both the property owner and the tower owner to
notify the city in writing of any intent to abandon the use of the tower.
l. An application for a telecommunications facility shall be submitted in accordance with the
department's plan review submittal requirements.
m. An application for a telecommunications facility shall include a certification from a registered
engineer that the structure will meet the applicable design standards for wind loads.
n. Communications facilities shall not be located in 100-year floodplain or delineated wetlands.
RZ10-02 – Text Amendment to delete or amend the Zoning Ordinance to be consistent with the City of Milton
Telecommunications Ordinance
City Council Meeting – August 2, 2010 (First Presentation)
6
Sec. 64-1594. - Antenna, tower and associated structures (radio, T.V., microwave
broadcasting, etc.) to exceed the district height.
(a) Purpose. Pursuant to section 704(a) of the Federal Telecommunications Policy Act of 1996, it is not the
intent of this section to prohibit or have the effect of prohibiting the provision of personal wireless services
in the city. It is the intent of this section to address the aesthetic effect of telecommunication facilities on
our landscapes, our citizens' demands for these services, and the needs of service providers.
(b) Design, placement and height limit. The following regulations on design, location, placement, and height
limits of antennas implement city's governmental interest in land planning, aesthetics and public safety by
requiring the following administrative permit standards:
(1) Required districts. O-I, C-1, C-2, M-1A, M-1, M-2 (see use permit, section 64-1801, for use in
residential and AG-1 districts).
(2) Standards.
a. Tower/accessory structures must be set back a distance equal to the height of the
tower adjacent to residential or AG-1 zoned property.
b. Tower and associated facilities shall be enclosed by fencing not less than six feet in
height and shall also be equipped with an appropriate anticlimbing device.
c. A minimum ten-foot-wide landscape strip planted to buffer standards shall be required
around the facility exterior to any fence or wall unless the city arborist determines that
existing plant materials are adequate.
d. Height shall not exceed 200 feet measured from the finished grade of the base
structure.
e. The tower shall comply with applicable state and local statutes and ordinances
including, but not limited to, the building and safety codes. Towers which have
become unsafe or dilapidated shall be repaired or removed pursuant to applicable
state and local statutes and ordinances.
f. Facilities shall not be artificially lighted except to ensure human safety or as required
by the Federal Aviation Administration (FAA).
g. Communication towers shall be designed and constructed to ensure that the
structural failure or collapse of the tower will not create a safety hazard to adjoining
properties, according to applicable federal standards which may be amended from
time to time.
h. Telecommunications facilities shall not be used for advertising purposes and shall not
contain any signs for the purpose of advertising.
i. Any telecommunications facility may collocate on any existing tower, pole or other
structure as long as there is no increase in height to the existing facility.
j. A commercial telecommunications facility that ceases operation for a period of 12
consecutive months shall be determined to have terminated and shall be removed
within 90 days of termination at the property owner's expense. It shall be the duty of
both the property owner and the tower owner to notify the county in writing of any
intent to abandon the use of the tower.
RZ10-02 – Text Amendment to delete or amend the Zoning Ordinance to be consistent with the City of Milton
Telecommunications Ordinance
City Council Meeting – August 2, 2010 (First Presentation)
7
k. Communication facilities not requiring FAA painting/marking shall have either a
galvanized finish or be painted a dull blue, gray, or black finish.
l. An application for a telecommunications facility shall be submitted in accordance with
the department's plan review submittal requirements.
m. An application for a telecommunications facility shall include a certification fro m a
registered engineer that the structure will meet the applicable design standards for
wind loads.
n. Communication facilities shall not be located in 100-year floodplain or delineated
wetlands.
RZ10-02 – Text Amendment to delete or amend the Zoning Ordinance to be consistent with the City of Milton
Telecommunications Ordinance
City Council Meeting – August 2, 2010 (First Presentation)
8
Sec. 64-1801. - Antenna tower and associated structure (radio, T.V., microwave
broadcasting, etc.) to exceed the district height.
(a) Purpose and intent. Pursuant to Section 704(a) of the Federal Telecommunications Policy Act of 1996, it is
not the intent of this section to prohibit or have the effect of prohibiting the provision of personal wireless
services in the city. It is the intent of this section to address the aesthetic effect of telecommunication
facilities on our landscapes, our citizens' demands for these servic es, and the needs of service providers.
(b) Design, placement and height limits. The following regulations on design, location, placement, and height
limits of antennas in residential and AG-1 zoned districts implements the city's governmental interest in land
planning, aesthetics and public safety by requiring the following use permi t standards:
(1) Required districts. Residential districts, MIX and AG-1 (see same heading in division 3,
subdivision II of this article, for other nonresidential districts).
(2) Standards.
a. Towers must be set back a distance equal to 1½ times the height of the tower
adjacent to residential or AG-1 zoned property
.
b. Height shall not exceed 200 feet from existing grade.
c. Tower and associated facilities shall be enclosed by fencing not less than six feet in
height and shall also be equipped with an appropriate anticlimbing device.
d. A minimum ten-foot landscape strip planted to buffer standards shall be required
surrounding the facility exterior to the required fence unless the city arborist
determines that existing plant materials are adequate.
e. Antennas or towers shall not have lights unless required by federal or state law.
f. Towers shall not be located within one-half mile from any existing
telecommunication tower above the district height, excluding alternative structures.
g. The tower shall comply with applicable state and local statutes and ordinances,
including, but not limited to, the building and safety codes. Towers which have
become unsafe or dilapidated shall be repaired or removed pursuant to applicable
state and local statutes and ordinances.
h. Facilities shall not be artificially lighted except to ensure human safety or as
required by the Federal Aviation Administration (FAA).
i. Communication towers shall be designed and constructed to ensure that the
structural failure or collapse of the tower will not create a safety hazard to adjoining
properties, according to applicable federal standards which may be amended from
time to time.
j. Telecommunications facilities shall not be used for advertising purposes and shall
not contain any signs for the purpose of advertising.
k. Any telecommunications facility may collocate on any existing tower, pole or other
structure as long as there is no increase in height to the existing facility.
l. A commercial telecommunications facility that ceases operation for a period of 12
consecutive months shall be determined to have terminated and shall be removed
within 90 days of termination at the property owner's expense. It shall be the duty of
RZ10-02 – Text Amendment to delete or amend the Zoning Ordinance to be consistent with the City of Milton
Telecommunications Ordinance
City Council Meeting – August 2, 2010 (First Presentation)
9
both the property owner and the tower owner to notify the city in writing of any
intent to abandon the use of the tower.
m. Communication facilities not requiring FAA painting/marking shall have either a
galvanized finish or be painted a dull blue, gray, or black finish or shall be screened
through fencing and landscaping.
n. An application for a telecommunications facility shall be submitted in accordance
with the department's plan review submittal requirements.
o. An application for a telecommunications facility shall include a certification from a
registered engineer that the structure will meet the applicable design standards for
wind loads.
p. Communication facilities shall not be located in 100-year floodplain or delineated
wetlands.
STATE OF GEORGIA ORDINANCE ________
COUNTY OF FULTON RZ10-02
AN ORDINANCE TO AMEND OR DELETE VARIOUS SECTIONS OF THE CITY OF
MILTON ZONING ORDINANCE TO BE CONSISTENT WITH THE
TELECOMMUNICATIONS ORDINANCE (CHAPTER 54 OF THE CITY CODE OF
ORDINANCES)
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on August 16, 2010 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates to Amending the following Sections of Chapter 64
(Zoning Ordinance); Section 64-74, Section 64-1097, Section 64-1592, Section 64-1594,
Section 64-1801, to be consistent with the City of Milton Telecommunications Ordinance
(Chapter 54 of the City Code of Ordinances), is hereby adopted and approved; and is attached
hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 16th day of August, 2010
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, Interim City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Lynn Tully, AICP, Community Development Director
Date: July 20, 2010 for Submission onto the August 16, 2010, City Council
Meeting (First Presentation, August 2, 2010)
Agenda Item: RZ10-03 - Text Amendments to Chapter 64, Section 64-1606(a) of the City of
Milton Zoning Ordinance, Roadside produce stands to include MIX (Mixed Use)
district.
CMO (City Manager’s Office) Recommendation:
To approve the recommend amendment of Chapter 64, Section 64-1606(a) of the City of Milton
Zoning Ordinance to allow roadside produce stands in the MIX (Mixed Use) zoning district.
Background:
It was discovered that the administrative use permit for roadside produce stand did not include
the MIX (Mixed Use) district in the list of approved zoning districts.
Discussion:
The current administrative permit for a roadside produce stand does not include the MIX (Mixed
Use) district list current approved districts. Based on the fact that the MIX district allows
retail/commercial, it should be included in the required districts listed in the administrative use
permit. Staff does not anticipate that there will be any negative affect by including the MIX
district in the list of required zoning districts in the administrative permit.
Alternatives:
The Mayor and City Council may choose not to include the MIX (Mixed Use) district in the
administrative permit.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney
RZ10-03 – Text Amendment to Sec 64-1606(a) of the Zoning Ordinance
City Council Meeting – August 2, 2010 (First Presentation)
1
Sec. 64-1606. - Roadside produce stands.
(a) Required districts. MIX, C-1, C-2, M-1, M-2 and AG-1.
(b) Standards.
(1) No more than four administrative permits shall be granted per year and no single permit shall be
effective for more than 30 consecutive days, however, two or more permits, not to exceed four, may be
combined for a duration of 60 days, 90 days or a maximum of 120 days. An application for said permit
shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is
visible from the street.
(2) The hours of operation shall be 8:00 a.m. to 8:00 p.m.
(3) Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in
feet) of the activity's location from the site's property lines and other minimum distance requirements as
specified by this section shall be submitted to the community developm ent department for approval.
Said drawing shall also depict north arrow, curb cuts and traffic patterns.
(4) The applicant shall provide a notarized written permission statement of the property owner or lease
holder of the subject site to the community development department. A 24-hour contact number of the
property owner or leaseholder shall be provided along with permit application.
(5) The property on which the roadside vendor is permitted must be located at least 1,500 feet from a
permanent business or another vendor which offers the same or similar merchandise as that of the
vendor. The vendor shall provide names of all established businesses which sell similar or the same
merchandise within 1,500 feet of the proposed vendor site.
(6) Any activity or structure shall maintain a minimum 20-foot setback from the right-of-way and not be
located within a required landscape strip or buffer. Said activity or structure shall also maintain a
minimum setback of ten feet from any internal drive or permitted curb cut.
(7) A minimum of six parking spaces shall be provided for the exclusive use of the roadside produce stand
and shall not occupy the minimum required parking spaces for any other use on site.
(8) No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a
residential use.
(9) No tent, table or other temporary structure shall be located within 100 feet of a residential structure.
All tents are subject to the fire department's approval.
a. Tents less than 5,000 square feet do not require a building permit.
b. Tents equal to or greater than 5,000 square feet require structural plan review and a building
permit.
(10) No equipment, vehicle, display or sales activity shall block access to a public facility such a s a
telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or
other access point.
(11) A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use.
(12) Signage shall be in accordance with article XVI of this zoning ordinance.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ10-03
AN ORDINANCE TO AMEND SECTION 64-1606 (a) OF THE CITY OF MILTON ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO INCLUDE THE
MIX (MIXED USE) DISTRICT AS AN ALLOWABLE DISTRICT FOR ROADSIDE PRODUCE
STANDS
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on August 16, 2010 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates to Amending Section 64-1606 (a), to include the MIX
(Mixed Use) district as an allowable district for roadside produce stands, is hereby adopted and
approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 16th day of August, 2010
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, Interim City Clerk
(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: July 26, 2010, Submitted for the August 2, 2010, City Council
Regular Meeting
Agenda Item: Text Amendment to replace in its entirety Chapter 54, Telecommunications of the
City of Milton Code of Ordinances
CMO (City Manager’s Office) Recommendation:
The Mayor and City Council to hear and approve the attached text amendment, Chapter 54,
Telecommunications of the City of Milton Code of Ordinances replacing the existing text in its
entirety.
Background:
In late 2009, several requests for approval to site new telecommunications towers were
received. During their review changes to the telecommunication towers section of the ordinance
were processed and an extended Moratorium was enacted on July 12, 2010 for an additional
thirty (30) days. An emergency moratorium to new permits and applications for cell towers was
enacted by the Mayor and City Council on March 15 for 60 days and a published moratorium
was approved on May 14th for 60 days. Also during this period the City saw a need for
additional specialized consultation from a firm with radio frequency engineering and local
government expertise.
Discussion:
The City hired Georgia Regulatory Tax Solutions, recognizing their proficiency in matters
regarding telecommunications facilities. They performed reviews not only on the cell tower
applications that had been submitted in 2009, but also on our recently changed ordinance.
Findings from this review require additional changes to our current ordinance to allow for new
options to site towers, more detailed review and additional outside review of applications, local
operating licensing and inspection of towers, as well as to require more aesthetic considerations
in approvals.
The ordinance has been reviewed in detail by GTRS, Community Development Staff and the
City Attorney’s office. Attached is the proposed ordinance as recommended by all bodies.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer the Text Amendment to
replace in its entirety Chapter 54, Telecommunications of the City of Milton Code of Ordinances.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
2
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney
[Memo Cell Tower Ord.Chap 54.061010]
Revised: May 12, 2010June 16, 2010
CHAPTER 54: AN ORDINANCE REGULATING THE LOCATION, PLACEMENT
AND LEASING OF WIRELESS TELECOMMUNICATIONS FACILITIES
Section 1: Purpose and Intent.
The purpose of this Ordinance is to establish guidelines for the siting of all wireless
communications towers and antennas which will encourage the development of wireless
communications while protecting the health, safety, and welfare of the public and maintaining
the aesthetic integrity of the community. The goals of this ordinance are:
(a) To protect residential areas and land uses from potential adverse impact of
telecommunications towers, antenna support structures and wireless communications facilities;
(b) To minimize the total number of towers and antennas wit hin the community necessary to
provide adequate personal wireless services to residents of Milton;
(c) To locate telecommunications towers and antennas in areas where adverse impacts on the
community are minimized;
(d) To encourage the design and construction of towers and antennas to minimize adverse
visual impacts;
(e) To avoid potential damage to property caused by wireless communications facilities by
insuring that such structures are soundly and carefully designed, constructed, modified,
maintained, and removed when no longer used or when determined to be structurally unsound;
(f) To preserve those areas of significant scenic or historic merit;
(g) To facilitate implementation of a master siting Plan Existing Tower Mapfor the City of
Milton;
(h) To promote and encourage the joint use of new and existing tower sites among service
providers;
(i) To enhance the ability of the providers of wireless communications services to deliver
such services to the community effectively and efficiently.
(j) To supersede article 19.4.7 and 19.3.1Sections 64-1801, 64-1592, and 64-1594 of the City
of Milton Zoning Ordinance.
(j) To be consistent with all overlay districts within the City, to the extent practicable and to
the extent not to conflict with this Ordinance.
Section 2: Severability
2
If any word, phrase, sentence, part, section, subsection, or other portion of this Ordinance or
any application thereof to any person or circumstance is declared void, unconstitutional, or
invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other
portion, or the prescribed Application thereof, shall be severable, and the remaining provisions of
this Ordinance, and all applications thereof, not having been declared void, unconstitutional, or
invalid, shall remain in full force and effect.
Section 3: Definitions
For the purposes of this Ordinance, and where not inconsistent with the context of a particular
section, the defined terms, phrases, words, abbreviations, and their derivations shall have the
meaning given in this section. When not inconsistent with the context, words in the present tense
include the future tense, words used in the plural number include words in the singular number,
and words in the singular number include the plural number. The word “shall” is always
mandatory, and not merely directory.
As used in this Ordinance, the following terms shall have the meanings ascribed below:
Abandonment - The intent to abandon or discontinue operations as evidenced by voluntary
conduct such as written notice to the City to stop using the facility or failure to use a wireless
telecommunications facility for a period of six months or more.
Accessory Facility or Structure - Means an accessory facility or structure serving or being used
in conjunction with the wireless telecommunications facilities, and located on the same property
or lot as the wireless telecommunications facilities, including but not limited to: utility or
transmission equipment storage equipment storage sheds or cabinets.
Accessory Use – A tower and/or antenna is considered a principal use if located on any lot or
parcel of land as the sole or primary structure, and is considered an accessory use if located on a
lot or parcel shared with a different existing primary use or existing structure.
Alternative tower structure - Means man-made trees, clock towers, bell steeples, light poles
and similar alternative-design structures, that in the opinion of the City Council, are compatible
with the natural setting and surrounding structures, and effectively camouflage or conceal the
presence of antennas or towers.
Antenna - Means a system of electrical conductors that transmit and/or receive electromagnetic
waves or radio frequency or other wireless signals. Such shall include, but not be limited to
radio, television, cellular, paging, Personal Telecommunications Services (PSC), microwave
telecommunications and services not licensed by the FCC, but not expressly exempt from the
City’s siting, building and permitting authority.
Antenna Array - means a single set or group of antennas and their associated mounting
hardware, transmission lines or other appurtenances which share a common attachment device
such as a mounting frame or mounting support.
3
Applicant - means a person or entity submitting an application for a wireless
telecommunications facility, including the property owner, antenna support structure owner, and
any proposed tenants for the facility.
Attached Wireless Telecommunications Facility - means an antenna or antenna array that is
secured to an existing building or structure (except an antenna support structure) with any
accompanying pole or device which attaches it to the building or structure, together with
transmission cables, and an equipment cabinet, which ma y be located either on the roof or
inside/outside of the building or structure. An attached wireless telecommunications facility is
considered to be an accessory use to the existing principal use on a site.
Co-location - means a situation in which two or more wireless personal service providers place
a wireless telecommunications antenna or antennas and feed lines on a common antenna support
structure or other structure on which there is an existing antenna array.
Concealed - means a wireless telecommunications facility that is disguised, hidden, part of an
existing or proposed structure or placed within an existing or proposed structure, to include
antennas, ancillary structures, and utilities.
Coverage. The geographic area reached by an individual wireless telecommunications
facility installation.
Directional antenna - means an antenna or array of antennas designed to concentrate a radio
signal in a particular area.
Effective radio power (ERP) - The product of the antenna power input and the numerically
equal antenna power gain.
FAA - means the Federal Aviation Administration.
FCC - means the Federal Communications Commission.
Geographic Search Area (GSA). An area designated by a wireless provider or operator for a
new base station, produced in accordance with generally accepted principles of wireless
engineering.
Guy tower - means a tower supported, in whole or in part, by guy wires and ground anchors.
Height - See Structure Height
Historic Structures - Structures in Milton which have been formally designated as a Historic
Structure as designated by the City Historic Preservation Commission or Georgia Historic
Preservation Division of the Department of Natural Resources or the United States Department
of the Interior; have sufficient historic merit as determined by the City Council and the Historic
Preservation Commission so as to require preservation.
4
Lattice tower - means a guyed or self-supporting, open frame structure that has three or four
sides used to support telecommunications equipment.
Low power mobile radio service telecommunications facility - means an unmanned facility
which consists of equipment for the reception, switching and transmission of low power mobile
radio service communications. Such facilities may be elevated, either building-mounted or
ground mounted; transmitting and receiving antennas; low power mobile radio service base
equipment; or interconnection equipment. The facility types include: roof and/or building
mounted facilities, freestanding low power mobile radio service facilities, and micro-cell or
repeater facilities.
Low power telecommunications facility - means an unmanned facility consisting of equipment
for the reception, switching and/or receiving of wireless telecommunications operating at 1,000
watts or less effective radiated power (ERP), including but limited to the following:
a. Point-to-point microwave signals.
b. Signals through FM radio transmitters.
c. Signals through FM radio boosters under 10 watts ERP.
d. Cellular, Enhanced Specialized Mobile Radio (ESMR), paging services and
Personal Communications Networks (PCN).
e. Private, low power mobile radio services which include industrial, land
transportation, emergency public safety and government, automatic vehicle
monitoring, personal mobile (CB’s) and HAM operators.
Low power telecommunications facility accessory building - means an unmanned building used
to house equipment related to a communications facility.
Low power commercial radio mobile network - means a system of low power commercial
telecommunications facilities which allows wireless conversation to occur from site to site.
Master Siting PlanExisting Tower Map - refers to the siting map developed prepared by staff
and approved by City Council to identify appropriate existing sites for the location ofwhere
wWireless transmission Telecommunications fFacilities are located as may be amended from
time to time. Such map may be derived from propriety information submitted by wireless
providers. (See Map 1)
Micro-cell - means a low power mobile radio service telecommunications facility used to
provide increased capacity in high call-demand areas or to improve coverage to weak areas.
Micro-cells communicate with the primary low power mobile radio service facility in a coverage
area via fiber optic cable or microwave. The typical coverage area for a micro-cell is a one-mile
radius or less.
Microwave antenna - means a dish-like antenna used to link communications sites by wireless
transmission of voice or data.
5
Monopole - means a cylindrical self-supporting i.e. not supported by guy wires,
communications tower constructed of a single spire, used to support telecommunications
equipment.
Omni-directional antenna - means an antenna that is equally effective in all directions, the size
of which varies depending on the frequency and gain for which it is designed.
Ordinary Maintenance. The normal repair and maintenance of a Telecommunications Facility
without adding, removing or changing any components of a Telecommunications Facility.
Maintenance includes inspections, testing and modifications that maintain functional use,
aesthetic and structural integrity. Ordinary Maintenance includes replacing antennas and
accessory equipment on a like-for-like basis within an existing Telecommunications Facility,
strengthening the support structure’s foundation or of the support structure itself, and relocating
the antennas of approved Telecommunications Facilities to different height levels on an existing
monopole or tower upon which they are currently located.
Planning and Zoning - See Community Development.
Planning Commission - means the City of Milton Planning Commission.
Preexisting Towers and Preexisting Antennae mean any tower or antenna for which a building
permit or special use permit has been properly issued prior to the effective date of this ordinance,
including permitted towers or antennas that have not yet been constructed so long as such
approval is current and not expired.
Radiofrequency Engineer. A professionaln engineer experienced in the telecommunications
field. specializing in electrical or microwave engineering, especially the study of radio
frequencies.
Repeater - means a low power mobile radio service telecommunications facility used to extend
coverage of cell areas to areas not covered by the originating facility.
Residential District. Shall mean any zoning district in the City of Milton that allows single-
family residential uses as a permitted use. Currently this includes all zoning districts except C-1,
C-2, M-1A, M-1 and M-2.
Roof and/or building-mounted telecommunications facility - means a low power mobile radio
service wireless telecommunications facility in which antennas are supported entirely by a
building other than a building accessory to a telecommunications facility and do not significantly
change the profile of the existing structure and are not readily noticeable to the untrained eye.
Existing structures include buildings, water tanks, towers, and utility poles. Such facilities may
include micro-cell and/or repeater facilities.
Scenic View - A wide angle or panoramic field of sight that may include natural and/or manmade
structures and activities. A scenic view may be from a stationary viewpoint or be seen as one
6
travels along a roadway, waterway, or path. A view may be to a far away object, such as a
mountain, or a nearby object.
Screening - The use of design, existing buildings and structures, existing buffers and proposed
vegetation and color to obscure a wireless telecommunications facility.
Separation - The vertical distance between one carrier’s antenna array and the antenna array of
another carrier.
Sectorized panel antennas - means an array of antennas, usually rectangular in shape, used to
transmit and receive telecommunications signals.
Siting - The method and form of placement of a wireless telecommunications facility on a
specific area of a property.
Stealth Technology Installation Means man-made trees, clock towers, bell steeples, light poles
and similar alternative-design structures, that in the opinion of the City Council, are compatible
with the natural setting and surrounding structures, and effectively camouflage or conceal the
presence of antennas or towers.
- A telecommunications facility or wireless telecommunications facility that, when installed at
or on an existing structure, does not significantly change the profile of the existing structure and
is not readily noticeable to the untrained eye.
EXAMPLES OF STEALTH TECHNOLOGY
Flagpole Silo Pine Tree
Structure Height - means the distance measured vertically from the average ground elevation
adjacent to the structure being measured to the highest point when positioned for operation. The
height of a tower includes the height of any antenna positioned for operation attached to the
highest point on the tower.
Technically Feasible and Viable means capable of being provided through technology which
has been demonstrated in actual applications (not simply through tests or experiments) to operate
in a workable manner.
7
Telecommunications Facility - means a telecommunications tower, monopole tower, antenna
or any and all buildings, structures, or other supporting equipment used in connection with a
telecommunications tower, monopole tower, or antenna.
Source: www.cdc.gov/niosh
Tower - means any structure designed primarily for the purpose of supporting one or more
antennas used for transmitting or receiving analog, digital, microwave, cellular, telephone,
personal wireless service or similar forms of electronic communication, including self-
supporting lattice towers, guy towers or monopole towers constructed as a free-standing structure
or in association with a building or other permanent structure. Towers include radio and
television transmission towers, microwave towers, common-carrier towers, cellular and digital
telephone towers, alternative tower structures, and the like.
Whip antenna - means an antenna that is cylindrical in shape. Whip antennas can be directional
or omni-directional; size varies with the frequency and gain for which they are designed.
Wireless Service Provider- Any private or public entity engaged in the transfer of information
over a distance without the use of electrical conductors.
Wireless Telecommunications Facility (WTF) - A staffed or unstaffed commercial facility for
the transmission and/or reception of radio frequency signals, or other wireless communications,
and usually consisting of an antenna or groups of antennas, transmission cables and equipment
enclosures, and may include an antenna support structure. The following non-exclusive list shall
be considered a wireless telecommunications facility: new and existing antenna support
structures, replacement antenna support structures, collocations on existing antenna support
structures, attached wireless telecommunications facilities and concealed wireless
telecommunications facilities. Also see Telecommunications Facility
8
WTF - See Wireless Telecommunications Facility.
Section 4: Applicability.
All new wireless towers and antennas shall be subject to the regulations contained within this
article except as provided in subsections a-c, inclusive:
(a) Public Property. Towers or antennas on public property approved by the City Council.
Nothing in this article shall be read to prohibit a government owned tower from being located at
a specific site when the tower is required to protect the public welfare or safety.
(b) Amateur Radio; Receive-Only Antennas. This ordinance shall not govern any amateur
radio tower, or the installation of any antenna, that is under sixty (60) feet in height and is owned
and operated by a federally-licensed amateur radio station operator or is used exclusively for
receive only antennas.
(c) Pre-Existing Towers and Antennas. Any tower or antenna for which a permit has been
properly issued prior to the effective date of this ordinance shall not be required to meet the
provisions of this ordinance, other than the requirements of Section 7. Any such towers or
antennae shall be referred to in this ordinance as "preexisting towers” or “preexisting antennae.”
However, in the event a preexisting tower or antennae ceases to function, then the subject tower,
antennae and related equipment shall be removed from the subject property within ninety (90)
days.
Section 5: General Requirements.
(a) An application for a Telecommunications Facility Permit shall be required for the
construction or placement of all new wWireless Telecommunications transmission fFacilities and
Attached Wireless Telecommunication Facitilies. and new co-location facilities, antennas or
towers within the City limits.The permit process for Collocations shall be governed by Section
7(a). Permits for all other Telecommunication Facilities shall be processed in accord with
Section 7(b). Telecommunications Facility Permits shall be reviewed by the Mayor and City
Council in accordance with the standards set forth in this Chapter. Approval of any application
for the construction of a tower or placement of an antenna shall be based on consideration of the
following factors:
(1) Demonstrated need for Pproximity to residential structures and residential district
boundaries;
(2) T Demonstrated need for the proposed height of the tower;
(3) NMinimal impact on the ature of uses on of adjacent properties;
(4) Surrounding topography, tree coverage and foliage that buffer the potential visual
impact of the Telecommunications Facility;
9
(5) Design of the facility, with particular reference to design characteristics which
have the effect of reducing or eliminating visual obtrusiveness, to include
consideration of Stealth Technology Installations;
(6) Proposed ingress and egress;
(7) Availability of suitable existing towers, other structures, or alternative/emerging
technologies (microcells) not requiring the use of towers or structures.
(8) Demonstrated need for the Ttelecommunications Ffacility at the specified site.
(9) Utilization of Consistency with With reference to the City of Milton Master
Siting PlanExisting Tower Map, as amended.
(b) All applications submitted to the Community Development Department shall include a
complete inventory of the applicant’s existing wWireless transmission Telecommunications
fFacilities including towers and receivers/transmitters located within the City of Milton or and a
one-half mile radius surrounding the Ccity limits, including each asset’s location (plane
coordinates), height and co-location usage or capabilities, and any special design features. The
City shall utilize such information, subject to any restrictions on disclosure requested by the
applicant, to promote co-location alternatives for other applicants.
(c) At the time of filing the application for construction or placement of a wWireless
transmission Telecommunications fFacility or antenna, the applicant shall provide a site plan and
information regarding tower or accessory structure location, neighboring uses and proposed
landscaping as described below. Additional documentation to be submitted with the site plan
and certified by an experienced rRadio fFrequency eEngineer shall delineate coverage and
propagation zones, identify type of antenna and mounting location, specify type of band
currently in use, and state co-location capabilities.
(1) The scaled site plan shall clearly indicate the location, type and height of the
proposed tower or accessory structure to be utilized, on-site land uses and zoning,
adjacent land uses and zoning including proximity to historic or scenic view
corridors, adjacent roadways, proposed means of access, setbacks from property
lines, elevation drawings of the proposed tower, accessory structure and any other
structures, topography, existing streams, wetlands and floodplains, parking, and
other information deemed necessary by the Community Development Director to
demonstrate the need for the proposed facility or assess compliance with this
ordinance.
(2) Legal description of the parent tract and leased parcel (if applicable).
(3) A study including a definition of the area of coverage, capacity and radio
frequency goals to be served by the antenna or tower and the extent to which such
antenna or tower is needed for coverage and/or capacity. The study shall include
all adjoining planned, proposed, in-service or existing sites owned by the
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applicant or others and a color propagation study demonstrating the existing
coverage of all Wireless Telecommunications Facilities owned and proposed by
the applicant within the GSA. The study shall also demonstrate that the proposed
height is the minimum necessary to achieve the required coverage. The study
shall bear the signature and seal of a professional engineer licensed in Georgia. If
a capacity issue is involved, include an analysis of the current and projected usage
in the service area.
(4) The setback distance between the proposed wireless Telecommunications
transmission fFacility and the nearest residential unit or residentially used
structure.
(5) When requesting a permit for a new Telecommunications Facility greater than
one hundred (100) feet in height on property which is located adjacent to
residentially zoned property, written certification and technical analysis of why a
similar structure at a height of less than one hundred (100) feet cannot be used.
Documentation shall include a propagation study of the proposed site with a
Telecommunications Facility less than one hundred (100) feet.
(65) Certification that the Wireless Telecommunications Facility, the foundation and
all attachments are designed and will be constructed to meet all applicable and
permissible local codes, ordinances, and regulations, including any and all
applicable County, State and Federal Laws, rules, and regulations, including but
not limited to the most recent editions of the National Electrical Safety Code and
the National Electrical Code, as well as accepted and responsible workmanlike
industry practices and recommended practices of the National Association of
Tower Erectors. Structural integrity analysis shall be provided where antennas
and equipment will be attached to an existing structure. Such certification and
structural integrity analysis shall bear the signature and seal of a Pprofessional
Eengineer licensed in the Georgia.
(67) Landscaping shall be designed in such a way as to preserve existing mature
growth and to provide in the determination of the City Design Review Board, a
suitable buffer of plant materials that mitigates the view of the
Ttelecommunications fFacility and accessory structures from surrounding
property within 90 days.
(8) Written documented, detailed analysis of the impact of the proposed
Telecommunications Facility addressing the factors specified in Section 5(a).
(9) Evidence of compliance with applicable FAA requirements under 14 C.F.R. s. 77,
as amended, which may be a copy of the FAA Notice of Proposed Construction or
a written statement prepared and signed by a professional airspace safety
consultant; and
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(10) Copies of the National Environmental Policy Act (NEPA) and the State Historic
Preservation Office (SHPO) reports for the proposed Telecommunications
Facility.
(11) Copy of the FCC License applicable for the intended use of the facility.
(12) Documentation establishing whether a Stealth Technology Installation is to be
proposed, and if not, an explanation as to why.
(d) Each application shall be accompanied by a fee in accordance with the fee schedule
published by the Cityof one thousand dollars ($1000.00) to offset the costs associated with
processing such application. In addition, applicants shall be responsible for independent
engineering or consulting costs incurred by the City which exceed such fee up to an additional
two seven thousand five hundred dollars ($27,5000.00), if requested by the City. The applicant
shall be responsible for additional fees throughout the process as described further within this
ordinance. All fees are subject to change as amended by the Mayor and Cit y Council by
resolution.
(e) Landscaping plans and the design and placement of the Telecommunications wireless
transmission fFacility on an approved site shall require review and approval of the City Design
Review Board prior to issuance of a building permit to insure architectural and aesthetic
compatibility with the surrounding area within 90 days.
(f) Prior to issuance of a building permit, compliance with Section 106 of the National Historic
Preservation Act, 16 U.S.C. § 461 et. seq. shall be demonstrated. (See Appendix 1)
(g) In approving any application, the Director of Community Development, City Design
Review Board, Planning Commission or Council may impose additional conditions to the extent
determined necessary to minimize adverse effects on adjoining properties.
Section 6: Development Requirements for Towers.
(a) Towers may be located only in the following zoning districts subject to the restrictions and
standards contained herein:
O-I Office and Institutional District
C-1 or C-2 Commercial District
M-1, M-2 or M-1A Industrial District
AG-1 Agricultural District
A or AL Apartment District or Apartments Limited
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(b) No new wireless transmission Telecommunications fFacilities shall be located within 2
3,500 feet of any preexisting wireless transmission telecommunications site unless such new
facility is concealed through use of alternative tower structures or is otherwise camouflaged, a
Stealth Technology Installation and a concurrent variance is granted by the City of Milton Mayor
and City Council.
(c) All applicants seeking to erect a tower must demonstrate that no alternative location and no
existing tower or structure can accommodate the proposed antenna(s). Evidence of an
engineering nature shall be documented by the submission of a certification by an engineer
registered in the state of Georgia. Such evidence may consist of the following:
1. No existing towers or structures are located within the geographic area required to
meet applicant’s engineering requirements.
2. No existing structure is of sufficient height to meet the applicant’s engineering
requirements.
3. No existing tower or structure has sufficient structural strength to support
applicant’s proposed antenna(s) and related equipment.
4. Applicant’s proposed antenna(s) would cause electromagnetic interference with
the antenna(s) on the existing tower or structure.
5. All alternative properties in the GSA for the construction of a new
Telecommunications Facility that are potential alternatives to the proposed
location are either unacceptable or infeasible due to technical or physical reasons.
56. Such other limiting factor(s) as may be demonstrated by the applicant and verified
by an engineer of the City's choosing.
(d) Setbacks: Setbacks for towers and above-ground transmission facilities shall be as
follows:
1. All transmission Telecommunications fFacilities, including Stealth Technology
Installations, except buried portions, shall be set back from all adjoining
properties zoned non-residential a distance equal to the height of the proposed
telecommunications tower. the underlying setback requirement in the applicable
zoning district.
2. When a Telecommunications Facility or Stealth Technology Installation tower is
adjacent to a residential use or residential zoning, the tower and entire
transmission f facility must be set back from the nearest residential lot property
line a distance equal to one and one-half times the height of the tower.
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3. Roof and/or building-mounted telecommunications facilities are exempt from the
setback standards of this subsection but are not exempt from the setbacks for the
zoning districts in which they are located.
(e) Unless otherwise specified by Community Development Staff and the City Design Review
Board, towers and above ground equipment shelters shall be enclosed by a black vinyl clad chain
link security fencing not less than 6 feet in height and shall be equipped with an appropriate anti -
climbing device. Said fencing shall be surrounded by a minimum 20-foot wide landscape strip
planted to buffer standards unless the City of Milton Arborist determines that existing plant
materials are adequate.
(f) All new towers in excess of 100 feet which do not incorporate alternative design features
must meet the following maximum heights and be designed and built in a manner that allows
other entities to co-locate on the structure using the following guidelines:
MAXIMUM TELECOMMUNICATIONS TOWER HEIGHTS
Zoning District Two Users Three Users Four
Users
O-I 120’ 150’ 150’
C-1/C-2/M-1/M-1A/
M-2/A/AL/AG-1
120’ 150’ 150’
(g) All towers and their related structures shall maximize the use of building materials, colors,
textures, screening and landscaping that, in the opinion of the City Design Review Board and
Community Development Staff, effectively blend the tower facilities within the surrounding
natural setting and built environment. Where appropriate, towers shall be painted so as to reduce
their visual obtrusiveness, subject to any applicable standards of the Federal Aviation
Administration (FAA).
(h) Roof top antennas and associated structures shall not project more than 10 feet above roof
lines.
(i) The structure shall comply with applicable state and local statutes and ordinances,
including, but not limited to, building and safety codes. Structures which have become unsafe or
dilapidated shall be repaired or removed pursuant to applicable state and local statutes and
ordinances.
(j) Telecommunications Facilities shall not be artificially lighted except to assure human
safety or as required by the Federal Aviation Administration (FAA).
(k) Structures shall be designed and constructed to ensure that the structural failure or collapse
of the tower will not create a safety hazard to adjoining properties, according to applicable
Federal Standards which may be amended from time to time.
Formatted: Font:
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(l) Structures shall not be used for advertising purposes and shall not contain any signs for the
purpose of advertising. Telecommunications Facilities or telecommunications support structures
shall contain a sign no larger than four (4) square feet in order to provide adequate notification to
persons in the immediate area of the presence of an antenna that has transmission capabilities
and shall contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as
emergency phone number(s). The sign shall be on the equipment shelter or cabinet of the facility
and be visible from the access point of the site. The sign shall not be lighted, unless applicable
law, rule or regulation requires lighting
(m) A telecommunication facility that ceases operation for a period of 12 consecutive months
shall be determined to have terminated and shall be removed within 90 days of termination at the
property owner’s expense. It shall be the duty of both the property owner and the tower owner to
notify the city in writing of any intent to abandon the use of the tower. A more elaborate version
of this subsection appears in Section 8, “Maintenance of Facilities,” subsection (d)
(mn) Communication facilities shall not be located in 100-year flood plain or delineated
wetlands.
(no) All guy wires must be anchored on site and outside of right-of-way and outside minimum
building setback.
(op) Structures not requiring FAA painting/marking shall utilize Stealth Technology
Installation to the maximum extent possible, and otherwise shall have either a galvanized finish
or be painted a dull blue, green, gray, or black finish.
(pq) Line-of-Sight Analysis. The applicant shall provide a line-of-sight analysis, including
elevation views of the proposed facility. The analysis shall include a description of natural and
man-made features that affect the buffering of the potential visual impact of the structure.
(q) Photo Simulations. The applicant shall provide photo-simulated post-construction
renderings of the completed proposed antenna support structure, equipment compound and/or
equipment cabinets, ancillary structures, and landscaping.
(1) The views shall incorporate before and after scenarios, a scaled color image of
the proposed type of facility, an aerial map with the location of the selected
views, and a description of the technical approach used to create the photo
simulations. The simulations shall include a minimum of four vantage points
(north, south, east, and west) from two hundred (200) feet away from the base
location of the tower from the east, west, north, and south.
(2) The Mayor and City Council and the City Design Review Board may require
the Applicant to provide other pictorial representations from other viewpoints,
including but not limited to the view from state highways and other major
roads; state and local parks; other public lands; historic districts; preserves and
15
historic sites normally open to the public; and from any other location where
the site is visible to a large number of visitors, travelers or residents.
(r) “Balloon Test.” The applicant shall hold a “balloon test” prior to the public hearing on
the application meeting the following requirements:
(1) The Applicant shall arrange to fly, or raise upon a temporary mast, a brightly
colored balloon, which is a minimum of a three (3) foot in diameter and a
minimum of a ten (10) foot in length at the maximum height of the proposed
Telecommunications Facility.
(2) The dates, (including a second date, in case of poor visibility on the initial
date) times and location of this balloon test shall be advertised by the
Applicant seven (7) and fourteen (14) days in advance of the first test date in a
newspaper with a general circulation in the City. The Applicant shall inform
the Director, in writing at least fourteen (14) days in advance, of the dates and
times of the test. In addition, property owners of properties located within
1,500 feet of the boundary of the property on which the monopole or tower is
proposed to be located shall be notified two (2) weeks in advance of the
balloon test.
(3) The balloon shall be flown for at least four consecutive hours sometime
between 7:00 am and 4:00 PM on the dates chosen. The primary date shall be
on a weekend, but in case of poor weather on the primary date, the secondary
date may be on a weekday. Pictures shall be taken of the balloon from
approximately two hundred (200) feet away from the base location of the
balloon from the east, west, north, and south.
(s) Protection of scenic views. The Mayor and City Council and the City Design Review
Board shall determine the likely visual impact of any proposed tTelecommunications fFacility or
tower and may require balloon tests, photographs, simulations, and any other necessary, helpful
and relevant information. Based on the information presented, the above mentioned entities may
designate recommend an alternative location for the facility or tower or may request recommend
a redesign in order to minimize the visual impact on the scenic character and beauty of the area.
In determining whether or not a facility or tower would have an undue adverse visual impact and
when setting conditions in the permit, they shall consider:
1. The period of time during which it would be viewed by persons traveling on
roads and/or highways;
2. The frequency with which persons traveling on roads and/or highways will view
the facility;
3. The degree to which it will be screened by existing vegetation, the topography
of the land, and existing structures;
4. Background features that will either obscure it or make it more conspicuous;
5. Its distance from key vantage points and the proportion of it which will be
visible above the skyline or tree line;
6. The number of members of the traveling public or residents who will be affected
16
by the alteration of the scenic character and beauty of the area;
7. The sensitivity or unique value of the particular view affected by it; and
8. Significant disruption of a viewshedview shed that provides context to a
historic structure or scenic view.
9. The utilization of Stealth Technology Installations.
Section 7: Approval Process.
(a) Subject to certification by the Director of Community Development of compliance with the
general requirements and standards enumerated herein and with the consent of Council, theThe
following uses are subject to expedited approval, which shall be defin ed as approval within sixty
(60) days of receiving applications, supporting engineering certifications and lease approval, if
any, without the necessity of public hearing:
.
1. Installing a roof and/or building-mounted telecommunications facility an antenna
on an existing structure, so long as said installation is considered to be a stealth
technology installation that does not significantly change the profile of the
existing structure and so that the installation is not readily noticeable to the
untrained eye. Such installations including cables leading to the antennas shall be
painted to match the paint and colors on the existing structure and shall not
protrude from the existing structure in a noticeable fashion.
2.1. Co-location by installing an antenna on any existing tower or other structure upon
which there is an existing antenna array. alternative tower structure.
3. Replacing an existing tower with a new tower designed to accommodate two or
more users so long as such new tower does not exceed the he ight limitations of
section 5 (f) above and setback requirements of this ordinance are met. After the
replacement tower is built, only one tower shall remain on such site. Support
equipment shall, where technically feasible, be located underground.
5. Locating any alternative tower structures provided accessory structures are
located underground, where technically feasible, or otherwise incorporated into
the alternative structure.
If the City Council determines that any application does not meet the general
application requirements, development requirements and/or standards enumerated
herein, or such application conflicts with the Master Siting Plan, approval of the
application shall be denied provided substantial evidence exists to support such
denial. Any aggrieved party may appeal the denial to the Fulton County Superior
Court. For purposes of this section, an aggrieved party is one who demonstrates
that his or her property will suffer special damage as a result of the decision
17
complained of rather than merely some damage that is common to all property
owners and citizens similarly situated.
(b) If the proposed tower or antenna is not included under the above described expedited
approval uses, or the application does not on its face satisfy the development standards and other
criteria specified herein, then a public hearing before the Mayor and Council and Planning
Commission shall be required for the approval of the construction of a wireless transmission
Telecommunications fFacility in all zoning districts.
Applicants shall apply for two (2) public hearings, one before the Planning Commission
and the Mayor and City Council through the Community Development Department and pay the
fee for such review in accordance with the fee schedule published by the City the required one
thousand dollar ($1,000.00) fee at such time. The applications shall also go before the City
Design Review Board for its review prior to the Planning Commission meeting. Applications,
when complete, shall be placed on the next available agenda of the Planning Commission and
Mayor and Council at which zoning matters are considered. At least thirty (30) days prior to any
scheduled hearing, the Community Development Department shall cause a sign to be posted on
the property and the publication of a public notice in a newspaper of general circulation. Said
notice shall state the nature of the application, street location of the proposal and height of the
proposed structure as well as the time, date and location of each hearing. The Community
Development Department shall also give similar notice by regular mail to all property owners
and/or current residents within five hundred feet (500’) of the boundaries of the subject property
with a minimum of 75 owners who appear on the city tax records as retrieved by the city’s
Georgreaphic information system. The notices shall be mailed a minimum of 14 days prior to
the first scheduled hearing. Renotification by mail is required when a petition is recommended
for deferral by the planning commission for any amount of time or is deferred by the Mayor and
City Council.
Before approving an application, the governing authority may impose conditions to the
extent necessary to buffer or otherwise minimize any adverse effect of the proposed tower on
adjoining properties. The factors considered in granting such a permit include those enumerated
in Sections 4 and 5 above. The Mayor and Council may waive one or more of these criteria, if,
in their discretion doing so will advance the goals of this article as stated in Section 2 above.
If the City Council determines that any application does not meet the general application
requirements, development requirements and/or standards enumerated herein, or such application
conflicts with the Master Siting PlanExisting Tower Map, approval of the application shall be
denied provided substantial evidence exists to support such denial. Any aggrieved party may
appeal the denial to the Fulton County Superior Courta court of competent jurisdiction. For
purposes of this section, an aggrieved party is one who demonstrates that his or her property will
suffer special damage as a result of the decision complained of rather than merely some damage
that is common to all property owners and citizens similarly situated.
Approved applications shall be valid for expire one (1) year from the date of the approval
by the Mayor and Council .unless the property owner makes substantial progress toward the
completion of on-site construction depicted on the site plan. Substantial progress shall have been
18
demonstrated when, within one year of the date of the issuance of the Telecommunications
Facility Permit, the Director of Community Development Department determines that
continuous, observable progress is being made to completion according to an approved
construction schedule.
Section 8: Maintenance of Facilities.
(a) All wireless transmission Telecommunications fFacilities and related landscaping shall be
maintained by the facility owner in good condition, order, and repair so that they shall not
endanger the life or property of any person, nor shall they be a blight upon the property as
determined by the Community Development Director.
(b) All maintenance or construction on wireless transmission Telecommunications fFacilities
shall be performed by persons employed by or under contract to the owner between the hours of
8:30 a.m. and 5:30 p.m. Monday through Friday except in cases of emergency or when an after-
hours permit is obtained pursuant to the City of Milton Noise Ordinance. Access to facilities on
City owned property shall be determined on a case-by-case basis by the department responsible
for such property. The hours of access to City sites shall not exceed those specified above.
Persons may not be present on site unless performing construction or maintenance at such site.
(c) (c) The owner or user of any new or existing tTelecommunications fFacility shall be
required to register and obtain a “Telecommunications Operating License” from the
Community Development Department on or before July 31 each and every calendar
year.submit a “Facility in Use Certification” annually to the Community Development
Department. The Telecommunications Operating License application shall be on such
forms as may be prepared by the Community Development Department. No
Telecommunications Operating License application shall be considered by the
Community Development Department until it is complete and accompanied by all
necessary documents, papers, proof of liability insurance, and other evidence of eligibility
as may be set forth or otherwise required by the application. All telecommunications
towers, each antenna located thereon, on a rooftop or other location, shall each obtain a
separate license, paying a separate fee for each such license. A license is not transferable
or assignable.
(1) A Telecommunications Operating License or application therefor under this article
may be denied, suspended or revoked only if one or more of the following exists:
i. The applicant or licensee has failed to obtain any certificate, approval, or
document necessary as may be required by any office, agency or department of
the City, County, State or United States under authority of any law, ordinance or
resolution of the City, County, State or United States.
ii. The applicant or licensee has supplied false information to the operating permit
officer or the governing authority.
19
iii. The applicant or licensee has violated any City, County, State or Federal law, or
any ordinance or resolution regulating the telecommunications tower and
antenna.
iv. The applicant or licensee has failed to pay any fee required under this article,
including the annual licensing renewal, has failed to make a return or pay a tax
due to the Fulton County Tax Commissioner in connection with its business or
any predecessor business (to include, without limitation, occupational tax or real
or personal property ad valorem tax); provided, however, that a
Telecommunications Operating License may not be denied, suspended or
revoked under this article with respect to ad valorem taxes (whether real or
personal property) (i) due in the current calendar year; (ii) presently the subject
of lawful appeal; or (iii) not collectible by virtue of duly enacted statute,
ordinance, or other law. For purposes of this subsection (c)(4), a predecessor
business (whether a sole proprietorship, corporation, partnership, or other
entity) shall be a business engaged in substantially the same or related business
as the applicant and from whom the applicant acquired title to or possession of a
substantial portion of its business property, either directly or indirectly, whether
real or personal, and for which taxes are outstanding.
v. There are conditions on the premises or in the business operations conducted
thereon that endanger public health or safety.
vi. The Telecommunications Facility and/or property have not been adequately
maintained according to the standards of this Chapter, including painting,
landscaping, screening, and fencing.
vii. The applicant or licensee fails to cooperate with any officer, agent or employee
of the City who is authorized or directed to inspect the premises used for or in
connection with a telecommunications tower or antenna.
viii. A new owner of an existing Telecommunications Facility fails to submit a
license application and license fee when any change of ownership occurs.
(c)(d) Any antenna or tower that is (1) not operated for a continuous period of twelve
(12) months or (2) is not properly maintained or (3) is not in possession of a current and
valid license shall be considered abandoned, and the owner of such antenna or tower shall
remove same and any structures housing supporting equipment within ninety (90) days of
receipt of notice from the governing authority of such abandonment. If such antenna or
tower is not removed or returned to good condition within said ninety (90) days, the
governing authority may remove such antenna or tower at the owner’s expense and a lien
shall be placed upon the property. In the event that an antenna or tower is not in
possession of required licensure the City, in its discretion may, instead of requiring
removal of said tower or antenna, may treat same as a code violation and impose daily
citations to compel compliance.
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Section 9: Waiver of Requirements.
No exception, waiver or variance to the conditions and requirements contained herein shall be
granted unless expressly provided for in this ordinance, or the Mayor and Council find that the
proposed tower or wireless transmission Telecommunications fFacility is necessary and essential
to providing the wireless service.
Section 10: Facilities Lease.
The City Council may approve facilities leases for the location of wireless transmission
Telecommunications fFacilities and other telecommunications facilities upon City owned
property. Neither this section, nor any other provision of this article shall be construed to create
an entitlement or vested right in any person or entity of any type.
Section 11: Lease Application.
Any person that desires to solicit the City's approval of a facilities lease pursuant to this Article
shall file a lease proposal with the City’s Community Development Department which, in
addition to the information required by Section 4, shall include the following:
a. A description of the wireless transmission Telecommunications fFacilities or
other equipment proposed to be located upon City property;
b. A description of the City property upon which the applicant proposes to locate
wireless transmission Telecommunications fFacilities or other equipment;
c. Preliminary plans and specifications in sufficient detail to identify:
1) The location(s) of existing wireless transmission or telecommunications
facilities or other equipment upon the City property, whether publicly or
privately owned.
2) The location and source of electric and other utilities required for the
installation and operation of the proposed facilities.
d. Accurate scaled conceptual drawings and diagrams of sufficient specificity to
analyze the aesthetic impacts of the proposed wireless transmission
Telecommunications fFacilities or other equipment;
e. Whether the applicant intends to provide cable service, video dial tone service or
other video programming service from the facility, and sufficient information to
determine whether such service is subject to cable franchising;
f. An accurate map showing the location of any wWireless transmission or
Ttelecommunications fFacilities in the City that applicant intends to use or lease;
21
g. A landscaping bond in an amount to be determined by the Ccity arborist;
h. Such other and further information as may be requested by the City; and
i. An application fee for lease negotiation in accordance with the fee schedule
published by the Cityin the amount of $250.00.
Section 12: Determination by the City.
Recognizing that the City is under no obligation to grant a facilities lease for the use of City
property, the City shall strive to consider and take action on applications for facilities leases
within 60 days after receiving a complete application for such a lease. When such action is taken,
the City shall issue a written determination granting or denying the lease in whole or in part,
applying the standards set forth below, or any other such criteria as the Mayor and City Council
may choose to apply.
If the lease application is denied, the determination shall include the reason for denial follow ing
review of these factors:
The capacity of the City property and public right-of-ways to accommodate the applicant's
proposed facilities.
The capacity of the City property and public right-of-ways to accommodate additional utility and
wWireless transmission or tTelecommunications fFacilities if the lease is granted.
The damage or disruption, if any, of public or private facilities, improvements, service, travel or
landscaping if the lease is granted.
The public interest in minimizing the cost and disruption of construction upon City property and
within the public ways.
The service that applicant will provide to the community and region. The effect, if any, on public
health, safety, and welfare if the lease requested is approved. The availability of alternate
locations for the proposed facilities.
Whether the applicant is in compliance with applicable federal and state telecommunications
laws, regulations and policies, including, but not limited to, the registration requirements
administered by the Georgia Public Service Commission.
The potential of radio frequency and other interference with existing public and private
telecommunications or other facilities located upon the City property.
The potential for radio frequency and other interference or impact upon residential, commercial,
and other uses located within the vicinity of the City property.
Recommendations of the Public Works Department with respect to maintenance and security of
water towers.
22
Such other factors, such as aesthetics, as those factors may impact the community.
The maximization of co-location opportunities with other similar uses.
Section 13: Agreement.
No facilities lease shall be deemed to have been granted hereunder until the applicant and the
City have executed a written agreement setting forth the particular terms and provisions under
which the lessee has been granted the right to occupy and use the City property.
Section 14: Nonexclusive Lease.
No facilities lease granted under this Article shall confer any exclusive right, privilege, license,
or franchise to occupy or use City property for delivery of telecommunications services or any
other purposes nor shall approval of a lease entitle the applicant to a permit to construct or place
a wWireless transmission Telecommunications facility.
Section 15: Term of Facilities Lease.
Unless otherwise specified in a lease agreement, a facilities lease granted hereunder shall be
valid for a term of up to five (5) years, with the lessee granted a maximum of three (3) five (5)
year renewal options which options shall also be subject to approval of Council. The term of any
such agreement shall not exceed twenty (20) years.
Section 16: Rights Granted.
No facilities lease granted under this Article shall convey any right, title or interest in the City
property, but shall be deemed a license only to use and occupy the City property for the limited
purposes and term stated in the lease agreement. Further, no facilities lease shall be construed as
any warranty of title.
Section 17: Interference with Other Users.
No facilities lease shall be granted under this Article unless it contains a provision which is
substantially similar to the following:
The City has previously entered into leases with other tenants for their equipment and
wWireless transmission tTelecommunications fFacilities. Lessee acknowledges that the City is
also leasing the City property for the purposes of transmitting and receiving telecommunication
signals from the City property. The City, however, is not in any way responsible or liable for any
interference with lessee's use of the City property which may be caused by the use and operation
of any other tenant's equipment, even if caused by new technology. In the event that any other
tenant's activities interfere with the lessee's use of the City property, and the lessee cannot work
out this interference with the other tenants, the lessee may, upon 60 days notice to the City,
terminate this lease and restore the City property to its original condition, reasonable wear and
23
tear excepted. The lessee shall cooperate with all other tenants to identify the causes of and work
towards the resolution of any electronic interference problem. In addition, the lessee agrees to
eliminate any radio or television interference caused to City-owned facilities or surrounding
residences at lessee's own expense and without installation of extra filters on City-owned
equipment. Lessee further agrees to accept such interference as may be received from City
operated telecommunications or other facilities located upon the City property subject to this
lease.
Section 18: Ownership and Removal of Improvements.
No facilities lease shall be granted under this Article unless it contains a provision which states
that all buildings, landscaping, and all other improvements, except telecommunications
equipment, shall become the property of the City upon expiration or termination of the lease. In
the event that the City requires removal of such improvements, such removal shall be
accomplished at the sole expense of the lessee and completed within 90 days after receiving
notice from the City requiring removal of the impro vements. In the event that wWireless
Ttelecommunications transmission fFacilities or other equipment are left upon City property
after expiration or termination of the lease, they shall become the property of the City if not
removed by the lessee upon 30 days written notice from the City.
Section 19: Compensation to the City.
(a) Each facilities lease granted under this Article is subject to the City's right, which is expressly
reserved, to annually fix a fair and reasonable compensation to be paid for the rights granted to
the lessee; provided, nothing in these sections shall prohibit the City and a lessee from agreeing
to the compensation to be paid. Such compensation shall be payable in advance of the effective
date of the lease and on or before January 31 of each calendar year. Any payments received after
the due date shall include a late payment penalty of 2% of the annual rental fee for each day or
part thereof past the due date. The compensation shall be negotiated by the City Manager or
designee, subject to the City Council’ s final approval, based on the following criteria:
(1) Comparable lease rates for other public or private property;
(2) In the case land is leased, an appraisal opinion upon which the land and air space is rented;
(3) If structure of another user is involved, any amount needed to reimburse that user; in addition
to the above;
(4) A yearly escalator rate commonly used in comparable leases.
(5) The additional rent such structure may generate if leased to additional users. (The City
should be entitled to rent as a result of a sublease).
(6) Additional fees or charges may be established by the City to cover actual costs of processing
the application, including engineering review, inspection and appraisal cost, legal, administration
of the agreement, providing on-site services, and/or other direct or indirect costs.
24
Section 20: Amendment of Facilities Lease.
Except as provided within an existing lease agreement, a new lease application and lease
agreement shall be required of any telecommunications carrier or other entity that desires to
expand, modify, or relocate its telecommunications facilities or other equipment located upon
City property. If ordered by the City to locate or relocate its tel ecommunications facilities or
other equipment on the City property, the City shall grant a lease amendment without further
application. Such amendment must be approved by Council.
Section 21: Renewal Application.
A lessee that desires to exercise a renewal option in its facilities lease under this Article shall, not
more than one hundred eighty (180) days nor less than one hundred twenty (120) days before
expiration of the current facilities lease term, file an application with the City for renewal of its
facilities lease which shall include the following:
a. The information required pursuant to Section 12 of this Article;
b. Any information required pursuant to the facilities lease agreement between the
City and the lessee;
c. A report certified by a radio frequency engineer that the site is in compliance with
current FCC radio emission standards.
d. All deposits or charges required pursuant to this Article; and
e. An application fee which shall be set by the City Council as referenced in this
ordinance or as amended from time to time by resolution.
Section 22: Renewal Determination.
Recognizing that the City is under no obligation to grant a renewal of a facilities lease for the
use of City property, the City shall strive to consider and take action on appl ications for renewal
of such leases within 60 days after receiving a complete application for such a lease renewal.
When such action is taken, the City shall issue a written determination granting or denying the
lease renewal in whole or in part, applying the standards set forth below, or any other such
criteria as the City Council may choose to apply.
If the renewal application is denied, the written determination shall include the reason for denial;
such denial may be made after review of these factors o r on other grounds as determined by
Mayor and Council:
The financial and technical ability of the applicant.
The legal ability of the applicant.
The continuing capacity of the City property to accommodate the applicant's existing facilities.
The applicant's compliance with the requirements of this Article and the lease agreement.
Applicable federal, state and local telecommunications laws, rules and policies.
Continued need for the facility in light of technological advances and current industry standards.
25
Such other factors as may demonstrate that the continued grant to use the City property will
serve the community interest.
Section 23: Obligation to Cure as a Condition of Renewal.
No facilities lease shall be renewed until any ongoing violations or defaults in the lessee's
performance of the lease agreement, or of the requirements of these sections, have been cured, or
a plan detailing the corrective action to be taken by the lessee has been approved by the City. In
no event shall a facilities lease be renewed if lessee fails to cure.
MAP 1 – Master Siting Existing Tower MapAppendix 1
26
[Cell Towers.gtrs.FINAL.061610]
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION APPOINTING MEMBERS TO THE HISTORIC PRESERVATION
COMMISSION FOR THE CITY OF MILTON PURSUANT TO ORDINANCE NO. 10-06-65
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the
2nd day of August 2010 at 6:00 pm. as follows:
SECTION 1. That (To Be Determined) (Mayor’s Appointments) is hereby appointed for a
term commencing __________, 2010 and ending December 31, 2013; and
SECTION 2. That (To Be Determined) (District 1) is hereby appointed for a term
commencing __________, 2010 and ending on December 31, 2013; and
SECTION 3. That (To Be Determined) (District 2) is hereby appointed for a term
commencing _______________, 2010 and ending on December 31, 2012; and
SECTION 4. That (To Be Determined) (District 3) is hereby appointed for a term
commencing __________, 2010 and ending on December 31, 2013; and
SECTION 5. That (To Be Determined) (To Be Determined) (District 4) is hereby appointed
for a term commencing ____________ and ending on December 31, 2012; and
SECTION 6. That Travis Allen (District 5) is hereby appointed for a term commencing
August 2, 2010 and ending on December 31, 2013; and
SECTION 7. That (To Be Determined) (District 6) is hereby appointed for a term
commencing __________, 2010 and ending on December 31, 2012; and
SECTION 8. That this Resolution shall become effective upon its adoption;
RESOLVED this 2nd day of August, 2010.
Approved:
__________________________
Attest: Joe Lockwood, Mayor
______________________________________
Sudie AM Gordon, Interim City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Cyndee L. Bonacci, Parks and Recreation Director
Submission Date: July 20, 2010
Meeting Date: August 2, 2010
Agenda Item: Approval of a facility use agreement between the City of Milton and
Hopewell Youth Association for the purpose of providing a youth baseball program at Bell
Memorial Park
Background:
The City of Milton entered into two written agreements with HYA in 2008. One agreement
specifically addressed recreational baseball and one specifically addressed travel baseball. The
recreational agreement was set to cover a 5-year period. The travel agreement was set to cover a
1-year period. The travel agreement was amended in December 2009 and extended to July 31,
2010. While the original 2008 recreational agreement is still in force, the travel agreement will
expire two days prior to the August 2 meeting.
A thorough review of both agreements has been conducted. The purpose of this new agreement
is not only to address the expiring travel baseball agreement but to also include recreational
baseball in a revised, unified agreement that will cover a 3-year period expiring December 31,
2013. Having one agreement with consistent language will simplify the management of the
agreement which is quite detailed.
Discussion:
After reviewing both agreements multiple times, notes were made regarding
similarities that could be shared in one unified agreement. Once the shared language
was placed into one agreement, revisions to the language began. The primary reason for
revising any of the language was for the purpose of simplifying the management
responsibilities outlined in the agreement and to create a model agreement that could
be utilized as other facility use agreements are drafted by the City. Many dates and
deadlines were noted, but few represented realistic timeframes for reporting or
notifying the City. Dates and deadlines need to be realistic for both parties.
Once timing issues were addressed, the language was studied further to be sure that it
represented the expectations of the City and of HYA. Minor adjustments were made to
the language to further state realistic expectations. Updates were made regarding the
named representatives for the agreement. Exhibit A was added to specifically detail
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
expectations for the travel baseball program that differ from the unified portion of the
agreement.
The revisions do have some minor financial impact both for the City and for HYA.
While HYA is still required to obtain background checks on their coaches, the City will
offer a discounted rate for background checks of $15 rather than the regular price of $20.
HYA board members with children playing recreational or travel will be allowed to
wave only one child registration, whichever rate is higher. Non-resident fees will not be
waived for HYA board members. All late fees and all non-resident fees will be paid to
the City of Milton to be included in the Reinvestment Fund. Lease fees for the travel
baseball teams outlined in the agreement will no longer be collected because the
allowed teams are sanctioned teams. A total of six travel teams will be allowed
including the Milton High School feeder team which will now fall under HYA.
In summary, the unified agreement is much easier to track. Both parties have a comfort
level with the language and expectations detailed in the agreement. The agreement can
now serve as a model for future agreements.
Attachments:
A facility use agreement between the City of Milton and Hopewell Youth Association for the
purpose of providing a youth baseball program at Bell Memorial Park
FACILITY USE AGREEMENT
FOR A YOUTH BASEBALL PROGRAM
AT BELL MEMORIAL PARK
This Agreement is entered into this ___ day of __________, 2010 by and between
the City of Milton, Georgia (hereinafter referred to as “City”) and the Hopewell Youth
Association, Inc. (hereinafter referred to as “Association”).
1. PURPOSE. The City and the Association (hereinafter collectively referred to as
“parties”) acknowledge the great value of providing recreational athletic
opportunities for youth. The parties to this contract further acknowledge the
various assets the parties can bring to provide a positive, beneficial recreational
athletic experience to the youth of the City. This Agreement is intended to
provide the best opportunity for these youth to participate in an enjoyable athletic
league experience and should be interpreted first and foremost in the best interests
of the participants of the programs described herein. In addition, the parties
recognize that the City is and should be primarily interested in providing such
services to the youth living in its jurisdiction and that those youth should be given
priority and preference in the enjoyment of the benefits provided pursuant to this
Agreement. The parties understand that the benefits of both a recreational and a
competitive youth baseball program and intend to provide primary status to the
recreational program while acknowledging the additional benefit of the
competitive program. The parties understand that there are differences in the
treatment of recreational and competitive programs and have provided for these
differences with the inclusion of Exhibit A, containing provisions related to the
competitive programs.
2. GENERAL AGREEMENT. Pursuant to the terms and conditions spelled out
herein, the City agrees to provide the Association with use of the facilities,
including ball fields, concession stands, and the Bennett House (collectively
referred to as “Facilities”), located at Bell Memorial Park (“Park”), pursuant to
the scheduling and usage provisions detailed in Paragraph 15, without charge and
the Association agrees to provide a youth baseball program subject to the
provisions described in this Agreement and for the purposes set forth in Paragraph
1, above. The recreational sports program described herein shall be designed as a
program where all children who register under association and/or city guidelines
will be able to play on a team that matches their age and ability in league play.
Use of the Facilities granted herein shall be limited to practices, games, meetings,
tryouts, opening day activities, and post-season all-star activities (so long as the
all-star teams are comprised solely of participants in the recreational sports
program for the season) for the recreational league. This agreement shall also
detail specifics related to a facility usage agreement for the purpose of providing a
limited travel program in addition to the recreational program (see Exhibit A). In
the event that any of the language in Exhibit A conflicts with the this Agreement,
the terms of this Agreement shall control.
The recreational and/or travel program described herein and for which use of the
Facilities is granted expressly does not include special tournaments outside of regular
league play, which such teams and tournaments shall require separate agreements
between the parties.
3. TERM. Subject to any provisions of this Agreement relating to earlier
termination, the initial term of this Agreement shall be from August 1, 2010 thru
December 31, 2013. This Agreement will automatically renew for three (3)
successive one year periods beginning on January 1 of the succeeding calendar
year and ending on December 31 of the succeeding calendar year without the
action of either party unless either party delivers written notice of non-renewal to
the other party by no later than October 31 of the then current calendar year. If
written notice of non-renewal is given, this Agreement will terminate upon the
expiration of the then current calendar year. Nothing stated herein shall obligate
either party to extend this Agreement beyond the initial term of any of the
succeeding calendar year terms. Neither party will have any further obligation to
the other beyond the expiration or termination of this Agreement.
4. CONFLICT OF INTEREST. In order to prevent possible conflicts of interest, no
Association officer, or board member, city staff, parks and recreation board member, or
elected official (or their immediate family member) may be employed or otherwise
financially involved with any commercial or private enterprise that provides goods or
services to the Association (including, but not limited to tournament hosting, professional
services, athletic equipment, apparel, and sports photography, with the exception of those
youths participating in the youth employment programs, and previous arrangements prior
to the execution of this Agreement). The City shall immediately notify the Association
of any challenge to the eligibility of a potential or existing officer, or board member.
Conversely, the Association shall notify the City of any challenge to the eligibility of a
vendor.
In the event the City establishes an approved vendor list, the Association will make all
reasonable efforts to ensure that its vendors are either on the list or submitted to the City
for addition to the City’s approved vendor list no later than seven (7) days after the
award.
If an Association officer of board member (or their immediate family) submits to a
request for goods or services, the following protections must be in place for their
continued participation:
a. A formal bidding process, that is sufficiently documented, shall be
used for the procurement of these goods and services, including, but
not limited to, obtaining a minimum of three vendors to respond to
such bid, and
b. The affected officer or board member shall recuse themselves from
any approval of the solicitation, and
c. Notify the City of this exception no less than seven (7) days after the
award.
5. OTHER RULES. In addition to the terms and conditions set forth in this
Agreement, the Association shall comply with all laws, statutes, ordinances, rules,
orders, regulations and requirements of federal, state, county and city governments
where applicable.
6. BACKGROUND CHECKS. In order to ensure the safety and well being of
program participants, the Association, with the help of the City shall have criminal
background checks performed on all officers, board members, managers, assistant
coaches, and umpires, aged 18 years and above. All background checks will be
conducted by the City and paid for by the Association at a discounted rate of $15. Upon
receipt of all background checks for the season, and per any procedures set out in the City
of Milton Parks and Recreation Policies and Procedures Manual, and after further review
of the Association board, the Association will disqualify any individual about whom the
background check described herein reveals a conviction or plea of guilty or no contest to
crimes suggesting it would be inappropriate for the individual to hold a position in the
youth baseball program. An initial background check shall be performed prior to an
individual performing any functions of the program and annually thereafter no later than
December 31 of the calendar year following the last background check in order to ensure
that there have been no recent incidents.
7. CERTIFICATION. The Association shall make best efforts to certify all
managers, coaches, and assistant coaches thru the Association’s current formal
certification program. This certification program shall include mandatory on-site training
as well as encourage online or other available training opportunities such as those offered
through the National Youth Sports Administrators Association, the Georgia Recreation
and Park Association, and National Recreation and Park Association. Coaches’
certification level(s) should be made available to participants and marketed to prospective
participants to communicate the quality of the program to the general public. The
association shall require and ensure that all umpires and officials have received
appropriate certification from professional associations of umpires and officials.
8. DISCIPLINARY PANEL. The Association shall establish and maintain an
Athletic Disciplinary Panel to resolve disputes with respect to application of the
Association’s rules related to competition and participation in the recreation program.
This responsibility shall fall on the Association’s Director of Coaching where he shall
evaluate each dispute and make a recommendation to the Executive Committee of the
Association’s Board of Directors.
9. REGISTRATION. The Association will conduct recreational program
registration in a total of four separate phases for each season (See Exhibit A, Paragraph 4,
for Travel Team Registration). Not less than fourteen (14) calendar days prior to the first
phase of registration, the Association shall provide via electronic email, notice to the City
and the general public of the registration schedules and procedures for the upcoming
season. Notification of the registration schedule to the general public shall include
posting on the Association’s website, delivery of an electronic version of the schedule in
a form such that the City can post the schedule on its website, and email release to
previous Association participants.
In the first phase, to be held not less than fourteen (14) days prior to the second phase of
registration, youths who are residents of the City shall be entitled to register first. Not
less than 14 days from the initial announcement of phase one registration, during the
second phase of registration all veteran players of the Association with a minimum of (1)
one season of play during the previous calendar year in the Association’s recreation
programs, shall then also be entitled to register regardless of residence. The Association
will then conduct the third phase of registration for the general public and shall then also
be open to youths regardless of residence. The fourth and final phase of registration will
be considered late registration and will include a late fee assessment of $75 per
registration in addition to all other required registration fees. Once registration is
complete, all of the registrants shall be treated in all respects equally regardless of the
phase in which they registered.
The parties agree that all Association officers and board members will receive one (1) no-
charge registration for one child registered in the Associations recreational or travel
baseball programs. In the event that more than one child is registered in the recreational
or travel baseball programs, the higher registration fee shall be waived. Both parties
acknowledge this is the only form of stipend, benefit, or payment to an officer or board
member for their service to the Association. Non-resident fees will be collected for all
Association officers and board members.
All registrants for recreational or travel baseball who are not residents of the City shall
pay an additional fee (“non-resident fee”). This fee shall be 50% greater than the
established resident registration fee.
Prior to the first game of each season, the Association shall provide to the City, a list of
the registrants’ names, addresses, reported city of residence, ages, and phone numbers.
10. RESIDENT FEES. The Association will charge reasonable fees to participants
for participation in the recreational programs authorized herein. The fees shall be
sufficient to cover the reasonable expenses associated with the operation of the
recreational programs and the reinvestment requirement described in paragraph 12,
below. The fees shall not be used to financially benefit any officers, directors, or
members of the Association. At least two weeks prior to the start of registration, all
proposed fees and charges must be submitted and approved by the Director of Parks and
Recreation.
11. NON-RESIDENT AND LATE FEES. All non-resident fees paid during
registration over and above the resident registration fees shall be collected by the
Association and paid to the City no later than prior to the first game of the season. Such
fees will be kept in a separate Reinvestment Fund by the City for additional park
maintenance and capital improvement purposes.
Upon receipt of the Association’s registration data, the City will research each registrant
to confirm the accuracy of the reported city of residence. Any discrepancies from the
City research will be reported back to the Association prior to the third game of the
season. The Association will make reasonable efforts to contact the registrant and obtain
proof of residency or require the registrant to pay the non-resident fee as outlined in
section 11 above. The Association shall disallow any participant from playing and/or
practicing until the fee is paid. The Association will provide the collected non-resident
fees described in this paragraph to the City at which time will then be transferred into the
Reinvestment Fund.
12. REINVESTMENT. Of the registrations fees and other monies collected
(including concession fees and major fundraising projects and excluding individual team
fundraisers) by the Association for the youth baseball program, the Association shall
transfer no less than 15 percent (15%) to an Association capital fund on an annual basis
for improvements to the fields or facilities located at the Park.
All reinvestment work performed by the Association or its contractor shall be subject to
provisions in Paragraph 22.
13. FINANCIAL REPORTING. No later than April 15 of the year following each
annual term of this Agreement, the Association shall provide to the City Manager full
financial reports, including filed taxes, beginning and ending balance sheets and an
annual income and expense report detailing the amounts and sources of income
(including, but not limited to, resident fees, supplemental fees, concessions, grants,
fundraisers, advertising) and expenses of the Association for the previous calendar year,
prepared by an independent certified public accountant, and signed by the Association
Board verifying the accuracy of the information contained therein.
Also, no later than April 15 of the year following each annual term of this Agreement,
the Association shall provide to the Director of Parks and Recreation documentation and
receipts of payment with respect to amounts reinvested in the fields and facilities In
addition, by June 30 and November 30 after the end of each season, the Association shall
provide to the City Manager an accounting of program fees, fund raisers and other
income collected and the expenses incurred by the Association with respect to
recreational programs at the Park during the season.
14. INSURANCE. The Association shall procure at its own expense and shall
maintain for the term of this Agreement the following insurance (with limits as shown
herein) and shall protect the Association and the City from any claims for property
damage or personal injury, including death, which may arise out of operations under this
Agreement, and the Association shall furnish the Director of Parks and Recreation with
certificates of such insurance with the City as an additional named insured by January 15
each year prior to use of the facilities:
a. Comprehensive General Liability Insurance providing coverage with
$1,000,000.00 single limit for bodily injury and property damage for each
occurrence including contractor’s liability insurance covering any
indemnification or hold harmless provision of this Agreement.
The insurance coverage required herein shall not be cancelled or materially altered, or
allowed to lapse until thirty (30) days’ written notice has been received by the Director
of Parks and Recreation, and it shall be the Association’s responsibility to see that each
company providing this coverage understands and complies with this required notice.
Such policies shall be primary and non-contributing with or in excess of any insurance
carried by the City. The Association shall not do any act which may make void or
voidable any such policy or any other insurance on the facilities.
The Association shall further (a) require each of its subcontractors to procure and to
maintain during the term of his subcontract, subcontractor’s general liability and property
damage liability insurance of the type and in the same amounts as specified in this
section, or (b) insure the activities of the Association’s subcontractor in the Association’s
own insurance policy. A current certificate showing proof of insurance shall be provided
to the Association prior to any award of contract. Such subcontractors include any firm or
contractor hired by the Association to perform services.
All subcontractors used by the Association will be required to provide the Association a
valid and current insurance certificate showing proof of coverage. The Association will
not use a subcontractor if proof of insurance cannot be provided prior to starting any
work. The certificate shall be amended prior to work beginning listing the City and
Association as additional insured.
It is the responsibility of the Association to insure any contents stored in any concession
stands, offices, or other storage buildings.
15. SCHEDULING AND USE. The Association agrees to provide the City with a
written general schedule of games and practice times the Association desires to use the
fields and facilities prior to the first scheduled assessment or tryout. The Association
shall request the issuance of a permit by the City for the times identified in the schedule.
Upon receipt of all preseason materials required by this Agreement, the City will issue a
Facility Use Permit. It is understood by both parties that this schedule can be of a
general nature with blocks of time required for games and practices; however the
Association’s use of the Facilities shall be limited to those times set forth in the Facility
Use Permit and shall not be used for any purposes other than the youth baseball program
described herein. Should the requested times not be needed by the Association, the City
will be notified by the Association and those times will be made available for other
recreation programming or for use by the general public.
Other than the times set forth in the Facility Use Permit issued by the City, the fields and
facilities shall be available to the City and/or general public on a first-come first-served
basis and the Association shall have no special rights or privileges. The Association may
not prohibit public access to fields and facilities during unscheduled times. The
Association may not manipulate fields and facilities at the expense of public access
rights.
The Association must receive written permission from the City to use Association locks
on buildings, light boxes, and gates. If such permission is granted, the Association must
furnish the City with a tagged key to each lock. Failure to provide such keys will result
in the locks being cut. The City, or any of its agents or employees, shall have the right to
enter upon the said premises at any time during the term of this Agreement to examine,
inspect, or supervise as deemed necessary by the City.
16. SAFETY. In accordance with the Georgia Recreation and Park Association’s
policy concerning outdoor activities in extreme heat, as a condition of using the
city sports facilities, the Association must abide by the following: Association
activities “will not be held under hazardous conditions such as severe weather that
includes high winds, heavy rain, and lightning, and also conditions where air
quality is at an index greater than 100 or surface smoke has been identified as
unsafe.” In addition, the Association shall adopt and follow guidelines for dealing
with hazardous weather or field conditions.
The Association is responsible for operating the youth baseball program in as safe an
environment as possible. All sports equipment must meet national safety standards with
regular documented inspection as to the condition of the equipment performance. This
includes equipment rented, leased, donated, or loaned to participants by the Association.
All fields should be inspected before each use to insure a safe environment.
The Association shall insure that no less than one coach or assistant coach is on duty
when teams or players occupy the facilities. The Association must have a sufficient
number of mature representatives present to supervise all scheduled activities from the
time the participants arrive until the area has been completely vacated.
The Association shall maintain and have readily available a first aid kit to deal with cuts,
bruises, and other minor injuries that may occur during activities. The Association is
encouraged to arrange for the availability of defibrillators with trained members at the
facilities.
17. TRASH. The City shall provide trash receptacles throughout Bell Memorial Park
and will remove trash from the receptacles daily, twice per day.
The Association shall be responsible for daily clean-up, placing litter in proper
containers, and cleaning the concession stands, bleachers, fields, dugouts, or any other
areas used by the Association prior to leaving the facilities after each function (games and
practices). The Association is empowered by the City to and shall have the ability and
right to police the Facilities for littering.
If litter removal or clean up for each function is not done by the Association in a
reasonable amount of time, then the City will immediately notify the Association and the
Association will send out members or staff to clean up such areas within 24 hours. The
Association shall promote and encourage proper trash disposal to coaches, parents, and
team members.
18. RESTROOMS. The City shall clean and stock the restrooms at Bell Memorial
Park twice per day each day of the week. The Association will make every effort to
monitor the restrooms during its use of the facilities. The Association shall arrange for
daily inspections to ensure that the restroom facilities are not being damaged. The
Association will abide by the requests of the City to either lock the restrooms or leave
them open after each function. These requests will be provided to the Association in
writing based on the other events and uses occurring in the park.
Repairs to damages to the restroom facilities that can be traced to acts of the
Association’s members or the failure of the Association to take actions required by this
agreement shall be charged to the Association by the City, and paid by the Association
within 30 days of written notice of a charge.
19. FIELD MAINTENANCE. The Association shall be responsible for maintenance
for all fields inside of Bell Memorial Park including but not limited to mowing the grass
portions of the infields and outfields, maintaining and servicing the “dirt” portions of the
fields, preparing bases, mounds, and fences, and applying lines. The Association shall be
responsible for providing any materials or supplies necessary to perform the maintenance.
The City shall be responsible for mowing the grass on all areas outside of the fenced
areas of the ball fields, as needed. The City shall be responsible for providing any
materials or supplies as needed for this function.
20. UTILITIES. The City will supply water to the fields and facilities. The City will
provide all utilities associated with the Bennett House. The City will provide electricity
to the fields and concession stands. Should water or electricity usage exceed the
scheduled usage, the City may impose a fee or require the Association to share in the
excessive cost within 30 days of notification by the City.
The Association will be responsible for watering the fields in full compliance with all
county, and city laws, rules, regulations, and published policies with respect to water use.
To the extent the City is required to pay any fines, fees, or other penalties as a result of
the Association’s violation of this section, the Association shall reimburse the City of any
such penalties no later than seven (7) days after receiving written notice from the City of
the amount of the penalty. The Association will provide the City a regular schedule of
the times and days proposed for watering at least one week prior to each season.
The Association will provide the City a schedule of the hours field lighting is required at
least one week prior to each season. The Association will ensure the field lights are
turned on and off, according to the agreed upon schedule. The Association and City will
have access to the field lights or timers and are responsible for keeping them locked at all
times; however the Association is responsible for turning the field lights on or off. If the
Association fails to adhere to the schedule, the City ma y levy a fine to the Association for
each occurrence for its negligence or error (not including acts of nature), in an amount
not to exceed $100 per occurrence.
21. INDEMNIFICATION. Each party shall protect, defend, indemnify, and hold
harmless each other, its Council members, officers, employees, successors, assigns, and
agents from and against any and all claims, suits, losses, liabilities, damages, deficiencies,
expenses, or costs (including, but not limited to, reasonable attorney’s fees, investigative
and/or legal expenses, and costs of judgment, settlements, and court costs) (hereinafter
referred to as “Claims”) suffered or incurred by such parties whether arising in tort,
contract, strict liability, or otherwise and including, but not limited to, personal injury,
negligence, wrongful death, or property damage, regardless of the outcome of any such
action, proceeding, or investigation caused by, related to, based upon, or arising out of
the Association’s use of the Facilities, provision of Athletic Programs or activities, or
otherwise, excluding Claims caused by the sole negligence of the City or Claims caused
by the sole negligence of the Association. The language of this indemnification clause
shall survive the termination of this Agreement, even if this Agreement is terminated for
convenience by either party.
22. REINVESTMENT, REPAIRS AND ALTERATIONS. The Association shall
obtain prior written approval and consent from the Director of Parks and Recreation
before making any major repairs, or any improvements, additions or alterations to any of
the Facilities. Notwithstanding whether or not prior written permission was obtained, all
improvements, additions, or alterations to the Facilities shall become the property of the
City and remain upon said premises and be surrendered with the premises at the
termination of this Agreement. If the Association fails to obtain prior written permission
from the City, the City may levy a fine to the Association in the amount of $100 per
occurance. This fine does not affect the standing of this agreement. The Parks and
Recreation Director or designee shall respond in writing on city letterhead or via
electronic mail to all such written requests within five (5) business days.
All reinvestment, repairs, or alterations shall be subject to the general provisions of this
Agreement requiring the Association to obtain the City’s prior approval for any additions
or changes to existing fields and Facilities and providing that any such additions or
changes shall become the property of the City. To the extent any reinvestment work is to
be performed by any party other than the Association, any such contract or subcontract
agreement for the provision of such services/improvements shall be in a form approved
by the Director of Parks and Recreation and such contract shall not be executed without
the prior written consent of the Parks and Recreation Director. The Parks and Recreation
Director shall respond, in any way, within five (5) business days of receiving a written
request for contract approval.
23. VANDALISM. The Association is responsible for reporting all acts of vandalism
to the facilities or Association property to the City not later than the next working day
after detection of the vandalism. A copy of the police report must b e filed with the City.
If the damage is a result of Association members’ negligence or failure to comply with
accepted operational or security measures, the Association will be responsible for making
the necessary repairs or for reimbursing the City for all or part of any repair costs
incurred by the City, at the City’s discretion.
24. CONTROL OF BEHAVIOR. The Association is empowered by the City to and
shall control the behavior of participants and spectators during the functions (games and
practices) to the same extent the City is so empowered. All City policies and ordinances
shall be enforced by the Association. The Association can eject an unruly or dangerous
participant, coach, parent, or spectator from the premises during sporting events. This
authority may be exercised only by an Association board member, coach, or umpire.
25. NUISANCE. The Association agrees to take any action necessary to prevent or
correct any nuisance or other grievances upon, or in connection with, said premises
during the terms of this Agreement.
26. MEMBERSHIP MEETING. The Association shall conduct at least one (1)
membership meeting each season at a time and place fixed by the Association, at which
the City shall be entitled (but not obligated) to have a representative present, fo r the
purpose of addressing any concerns with respect to the operation and conduct of the
recreational program described herein. The Association shall make reasonable efforts to
notify all participants of each meeting at least one (1) month prior to the meeting
including, but not limited to distribution of flyers to participants at practices or games,
email release to current participants, and posting on the Association website.
27. CUMULATIVE RIGHTS. The rights of the City under this Agreement shall be
cumulative, and the failure of the City to exercise promptly any right hereinafter shall not
operate to forfeit or waive any of those rights.
28. DEFAULT. If the Association defaults on any obligation under this Agreement
or violates any term hereof, the City may immediately terminate this Agreement.
In the event of such termination the Association shall be liable to the City for any
unpaid or unperformed portion of the reinvestment funds for such term. If the City
defaults on any obligation under this Agreement or violates any term hereof, the
Association may immediately terminate this Agreement. In the event of such
termination, the Association shall be liable to the City for any portion of the
reinvestment funds, including unpaid or unperformed, for such term.
29. ATTORNEY’S FEES. The parties agree to pay the cost of any legal proceedings,
including all attorney’s fees and court costs that are reasonably incurred by the
other party on account of or because of the violation or alleged violation of any
terms or provisions of this Agreement.
30. NOTICES. Any notices required to be sent to the parties pursuant to this
Agreement shall be hand delivered, mailed, or faxed to the following:
Association:
Marc Fein
President, Hopewell Youth Association, Inc.
5665 Atlanta Hwy, Suite 103-321
Milton, GA 30004
Home: 678-393-6375
Cell: 678-296-7113
Email: marc.fein@turner.com
Copy to:
Scott Stachowski
Vice President, Hopewell Youth Association, Inc.
3154 Chipping Wood Court
Milton, GA 30004
Home: 770-663-6340
Cell: 678-910-7653
Email: sstaachowski@bellsouth.net
Any notices, reports, approval requests, applications, or other documents required
to be sent to the City pursuant to this Agreement shall be sent to the following:
For Termination Notices, Insurance Certificates, and Financial Statements to:
City Manager
Chris Lagerbloom
13000 Deerfield Parkway, Suite 107
Milton, Georgia 30004
Phone: 678-242-2500
Fax: 678-242-2499
Email: chris.lagerbloom@cityofmiltonga.us
For all other notices, reports, approval requests, applications, or other documents
to:
Director of Parks and Recreation
Cyndee L. Bonacci
13000 Deerfield Parkway, Suite 107
Milton, Georgia 30004
Phone: 678-242-2489
Fax: 678-242-2499
Email: cyndee.bonacci@cityofmiltonga.us
31. CITY’S MARKETING OBLIGATIONS. The Association will comply with any
contractual marketing requirements with respect to sale of food and beverages in the
concession stands after receipt of a notice of the requirements from the City. The Parks
and Recreation Director will consult the President of the Association, or his/her designee,
in any contractual marketing agreements affecting the Park.
32. ASSOCIATION STATUS. It is the understanding of the City and the
Association that nothing contained in this Agreement shall be interpreted to assign to the
Association any status under this Agreement other than that of an independent
Association.
33. IMMUNITY. Nothing in this Agreement shall be construed as a waiver of
governmental immunity by the City, its officers or employees.
34. COPIES. It is agreed between the City and the Association that this Agreement
shall be executed in duplicate so each party to this Agreement has an original, which may
be used for any purpose for which the original may be used.
35. NO ASSIGNMENT. Neither party shall have the right to assign the interest it
holds in this Agreement.
36. GOVERNING LAW. This Agreement shall be governed by the laws of the State
of Georgia.
37. NON-DISCRIMINATION. The Association shall not deny participation in an y
park or program based on race, color, national origin, religion, sex, age, or disability.
38. ADDITIONAL CITY POLICIES AND PROCEDURES. The Association
members agree to abide by all City policies and procedures in place at the time of
execution of this Agreement and any future policies and procedures or revisions to
existing policies and procedures upon receipt of notice of such new or revised policies
and procedures.
39. LIMITATION OF AGREEMENT. The fields and facilities shall not be used for
any purpose other than those designated within this Agreement without the written
consent of the City. The Association may not host any additional tournament, clinic,
camp, or other function, without execution of a separate agreement.
40. ACCOUNTABILITY. The Association’s rights and the City’s obligations with
respect to this Agreement are expressly conditioned on the Association’s compliance
with all reporting and documentation requirements of this Agreement. (See, e.g.,
paragraphs 6, 7, 9, 10, 11, 12, 13, 14, 15, 20, 40, and 42.) In addition, the Association
shall provide to the City and maintain a current copy of the Association’s by-laws,
articles of incorporation, and lists of officers and members of the Board of Directors of
the Association, including names, addresses, and phone numbers. Should the Association
fail to comply with any of these requirements, the City may, but shall not be obligated to,
terminate this Agreement. This provision is intended to be cumulative and shall not limit
any other rights the City may have under this Agreement.
41. ADVERTISING. The Association shall not post any advertising of any kind at or
on the facilities without the prior written consent of the City. The City acknowledges that
the Association has a banner advertisement program already in place. Signs are allowed
on the outfield fences, with any revenues subject to 15% of such revenues for
reinvestment per the procedures in paragraph 12 and subject to constraints and
procedures listed in the current version of the City’s parks and r ecreation procedures
manual and the City sign ordinance. The City agrees to waive any sign permit fees that
are able to be waived and the Association agrees to comply with the sign ordinance or
any other regulation related to such advertisements.
42. NON-PROFIT STATUS. The Association must register with the Secretary of
State’s office as a non-profit organization. Proof of the Association’s continued non-
profit status must be submitted to the City on an annual basis.
43. CONCESSIONS. The Association may use the concession stands and the
Bennett House during the term of this Agreement with all revenue, subject to 15%
reinvestment and the procedures listed in paragraph 12. The Association shall be
responsible for general upkeep of the concession stands and the Bennett House during the
term of this Agreement.
44. ASSOCIATION BOARD REPRESENTATIVE/MEMBERSHIP. The
Association shall include at least one (1) representative of the City’s parks and
recreation department on correspondence and shall be included in any and all
meetings of the Board. This City representative is not a voting member, and
serves no role or responsibilities except for representing the City.
No more than 25% of the members of the Board shall reside outside of the City of
Milton. The Association will actively encourage city residents to run for Board of
Director positions.
45. ADDITIONAL FACILITY USAGE AGREEMENTS. Should opportunities
arise for use of additional City or City shared facilities by the Association, this
agreement may be amended to include such facilities.
CITY OF MILTON:
________________________________ ______________________
Parks and Recreation Director Date
________________________________ ______________________
Mayor Date
HOPEWELL YOUTH ASSOCIATION:
________________________________ ______________________
Marc Fein, HYA President Date
________________________________ ______________________
Scott Stachowski, HYA Vice President Date
EXHIBIT A
FACILITY USE AGREEMENT
FOR YOUTH BASEBALL TRAVEL TEAMS AT
BELL MEMORIAL PARK
1. PURPOSE. The parties acknowledge the great value of providing athletic
opportunities for youth and popularity of and demand for competitive baseball
teams at various age levels in the City that travel to out-of-city games and
tournaments (“travel teams”). The parties desire to provide travel teams with an
opportunity to use Bell Memorial Park pursuant to a democratic selection process
as schedules and field space allow. Should a conflict arise between facility use for
the recreational program and travel program, the conflict shall be resolved in
favor of the recreational program.
2. TRAVEL TEAMS – DEFINITION. Travel teams are defined for purpose of this
agreement as competitive teams made up of players with higher level skills and
abilities than those in the recreational program that must travel to or play other
teams from outside of the park for competitive games. Travel teams are
established prior to the fall season and are generally considered an annual
commitment starting in July /August and continuing through the spring season to
July of the next calendar year.
3. GENERAL AGREEMENT. Subject to the terms of the main agreement,
including but not limited to Paragraph 2 thereof, and the terms and conditions
spelled out herein, the City also agrees to provide the Association with use of the
facilities at Bell Memorial Park for sanctioned Association travel teams. The
Association agrees to provide a competitive baseball program subject to the
provisions described in this Agreement and for the purposes set forth in Paragraph
1, above. The Association shall allow no more than six (6) travel teams total,
including one (1) 8th grade high school feeder team and no more than two (2)
travel teams from any of the 9-10 year old, 11-12 year old, and 13-15 year old age
groups to use the Facilities pursuant to this Agreement unless written
authorization is provided by the City.
The Association shall select the travel teams entitled to use the Facilities and the specif ic
times the chosen teams may use the Facilities pursuant to this Agreement by an equitable
process, which shall include a decision by the Board of Directors of the Association prior
to each season. The process for selection of travel teams shall be set forth in a binding
resolution of the Board of Directors and shall be approved by the City prior to its formal
adoption.
The baseball program described herein shall be designed as a program where children
ages 9 through 15 are chosen to compete based on ability at the discretion of the
Association in order to compete on a travel out-of-park team. Notwithstanding any
provisions to the contrary, no more than fifty percent (50%) of the team members on each
travel team shall be non-residents of the City, except where the Association provides
documented evidence of good faith efforts in soliciting, reviewing, and selecting Milton
residents for a particular team and asks for and receives approval from the Director of
Parks and Recreation. Use of the Facilities granted herein shall be limited to practices,
games, meetings, and tryouts for the team(s) chosen by the Association. The program
described herein and for which use of the Facilities is granted expressly does not include
tournaments outside of regular practices, games, meetings, and tryouts, which such
tournaments shall require separate agreements between the parties.
The Association shall be responsible for the actions of the travel teams and accepts
responsibility for compliance with the terms and conditions of this Agreement by the
individual travel teams.
If the demand for the recreational program increases such that insufficient space is
available for the maximum number of travel teams indentified in this agreement, the
Association will consult the City regarding which travel team is dropped for the year and
provide justification for their recommendation if another City and/or City shared facility
is not available to the travel program.
4. REGISTRATION. The Association will choose the participants for its program
according to schedules and guidelines set by the Association and charge the fees
as described in Paragraph 9, 10, 11, and 12.
Prior to the first game of the season, the Association shall provide to the City, a
list of the registrants’ names, addresses, reported city of residence, ages, and
phone numbers.
5. HYA TRAVEL TEAM SELECTION PROCESS. In order to have a set process
in place to be able to compete for the travel team players that reside in the City of
Milton before they are selected by another travel team with an earlier tryout the
travel team selection process will be as follows:
a. HYA will send an announcement to the HYA participants before June 1,
indicating that tryouts for the next year HYA Travel Teams will be held
between mid July and early August. The specific dates and times will
placed on the HYA website by June 30 and communicated again when
posted. Potential players will be instructed to monitor the Hopewell
website for the exact dates and times for their appropriate age team.
b. HYA will provide to the City of Milton the same announcements for
posting to the City’s website.
c. Specific team announcements will be posted by June 30 on the two local
travel association websites (Lanier Baseball and Northwest GA Baseball)
indicating specific tryout dates and times. The website addresses are;
www.lanierbaseball.com and www.nwgabaseball.org/contact.html.
d. An HYA travel team tryout announcement will be published in the Milton
Herald by June 30.
Each Travel Team Coach/Manager will then conduct tryout(s), with a variety of stations
that stimulate skill situations (hitting, fielding, throwing/pitching and catching) and will
use the following criteria to evaluate and select the team; talent, desire, coach-ability,
attitude, effort and family commitment.
6. SCHEDULING AND USE. The Association shall request the issuance of a
permit by the City for the times identified for practices and games. Upon receipt of all
materials required by this Agreement, the City will issue a Facility Use Permit for travel
teams separately from the recreational program Facility Use Permit. It is understood by
both parties that this schedule must be specific enough to allocate blocks of time to the
fields as required for games, tryouts, meetings, and practices so as not to interfere with
the recreational program’s use of the fields pursuant to the Recreational League
Agreement. The Association’s use of the Facilities shall be limited to those times set
forth in the Facility Use Permit and shall not be used for any purposes other than the
program described herein.
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Milton Mayor and City Council
From: Milton Planning Commission (presented by Lynn Tully, AICP)
Date: For the August 2, 2010 Council Regular Meeting
Agenda Item: Approval of a resolution adopting the Revised Procedures for Zoning Text
Amendments
Planning Commission Recommendation
Approve by resolution the process for major zoning text amendments with changes as
discussed during the July 12 work session.
Discussion
As heard at the July 12, 2010 Council work session, staff has revised the attached process for
approval on Zoning Ordinance Text Amendments that include participation of an outside
committee.
Revisions include:
1. Committees may request of two Planning Commissioners for service on a single issue
committee. The Planning Commission based on interest and availability shall choose
these commissioners for service.
2. A single version of any proposed amendment is to be presented to Council that is
approved by the Planning Commission and incorporates the work of both the
commission and committee via a joint Committee/Commission work session. However, if
there are major changes required by the discussion at the Council work session then the
entire document will be sent back through both committees to another joint work session
and flow back to the Planning Commission and Council following the procedure as
originally described.
3. A change proposed by a single Council member must be heard at a work session for
consensus prior to further staff work.
All other items remain the same as presented at the work session.
Concurrent Review
Chris Lagerbloom, City Manager
Lynn Tully, AICP, Community Development Director
[MCC Reccomended Zoning Ord Amendment Process.072110]
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Milton Mayor and City Council
From: Milton Planning Commission (presented by Lynn Tully, AICP)
Date: For the July 12, 2010 Council Work Session
Agenda Item: Recommendation of Revised Procedures for Zoning Text Amendments and
Ordinances
Planning Commission Recommendation
Review the process for zoning text amendments as recommended by the Planning Commission
meeting. Receive the recommended process and forward to Council for approval by resolution.
Discussion
As recommended at the June 22, 2010 Planning Commission meeting, staff has attached a
process for approval on Zoning Ordinance Text Amendments that include participation of an
outside committee. Further, staff has also attached a flowchart depicting the required process
for other Ordinance Amendments which do not involve zoning.
Council has chosen on occasion, to create single issue committees for construction and
recommendation of changes to both various City Ordinances as well as Zoning Text changes.
It appears that the Council intent is for cooperative consensus from the community as well as
appointed officials, regarding both new City Ordinances and Zoning Text changes. In working
with the Planning Commission a recommendation has been offered in an attempt to clarify the
required process of review and approval concerning amendments which may involve the zoning
text. This recommendation continues to utilize the assets of interested citizenry while allowing
for educated consensus building in the process.
Please note that typically no additional or external committees are required for crafting either
Zoning Text Amendments or City Ordinances, however it is not atypical for local governments to
assemble such committees for input and guidance. Authority for final approval in either case
remains with the Council. However, in changing the Zoning Text consideration is required from
the Planning Commission.
After extensive discussion, and in order to meet these requirements and the expectations of the
Council for both consensus and involvement of the community, the Planning Commission has
recommended the following:
Proposed Zoning Text Amendments – Any external committee formed regarding a
zoning text amendment may request two members of the Planning Commission be
appointed as voting members of the committee. This allows for free flow of information
and discussion of potential controversial issues prior to the final review and
recommendation of the proposal from the Commission to the Council. All comments
received from the public and each appointed board during the process will be captured
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
2
by staff. Those comments will be discussed by the committee for inclusion and
summarized and forwarded along with any other pertinent material to the Planning
Commission. A joint work session is recommended including both the Committee and
the Planning Commission prior to hearing the amendment at the Planning Commission
Regular meeting. The majority of the committee work shall be complete prior to the
Planning Commission meeting in which the amendment is heard for recommendation.
The Planning Commission will then hold the hearing and make recommendation to the
Mayor and City Council. The version presented before the Mayor and City Council will
be that which is recommended by the Planning Commission. A full review of the final
proposal by the City Attorney will also be required. The Council will continue to bear full
discretion to approve, deny, or approve the proposal with changes as deemed
appropriate.
The amendment as recommended by the Planning Commission is anticipated to be presented
at a work session prior to Council first reading as typical for the work from any adjunct
committee.
Concurrent Review
Chris Lagerbloom, City Manager
Lynn Tully, AICP, Community Development Director
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION TO APPROVE AS POLICY OF THE MAYOR AND CITY COUNCIL A
ZONING TEXT AMENDMENT PROCEDURE FOR INCORPORATING MAJOR CHANGES
TO THE ZONING ORDINANCE, CHAPTER 64 OF THE CITY OF MILTON CODE OF
ORDINANCES.
BE IT THEREFORE RESOLVED by the Mayor and City Council of the City of Milton, GA
while in regular session on August 2, 2010 at 6:00 pm as follows:
WHEREAS, the Planning Commission has recommended a procedure for processing proposed
amendments to the zoning ordinance of the City of Milton; and
WHEREAS, the Mayor and City Council heard the recommendation and made additional
comments and changes at their July 12, 2010 Work Session; and
WHEREAS, the proposed procedure provides clarity to the steps in the zoning text amendment
process; and
WHEREAS, the proposed procedure includes the vital input received from informed citizens and
provides appropriate steps and authority for the review of all input; and
WHEREAS, the proposed procedure is established to maintain the public health and welfare of
all citizens of Milton;
NOW THEREFORE BE IT SO RESOLVED, this 2nd day of August, 2010, by the Mayor and
Council of the City of Milton to approve and establish the procedure for receiving, reviewing and
approving major changes to the zoning text.
RESOLVED this the 2nd day of August, 2010.
Approved:
_____________________________________________
Joe Lockwood, Mayor
Attest:
_____________________________________
Sudie Gordon, Interim City Clerk
(Seal)
Zoning Text Amendment
Recommended Process
As Discussed by Council 7/12/10
NO
YES
Citizen
Initiated
Proposal
Council
Initiated
Proposal
Staff
Initiated
Proposal
City
Manager
Instruction
Stop
Committee
or PC
Initiated
Proposal
Staff Sends Proposal w/
recommended Changes from
Committee and all comments
from Boards
DeniedApproved or w/ changes
Change proposal
placed on DRB
(Optional) and
Planning Commission
Agendas
(Optional)
DRB held for
Comments
PC meeting held for Comments
and Hearing as Applicable
City Council meeting held with Public Hearing
Council
Decides
Stop
Make changes and
include in Ordinance
City Attorney Review
Staff works with
Committee to Prepare
Changes
Staff updates
Proposed Changes
with Committee
Staff updates
Proposed Changes
with Committee
CZIM Held for
changes as
Applicable
Staff compiles
comments for
Committee
Denial/ApprovalPresented at Council
Work Session YESJoint Worksession
for PC and
Committee Held
Councilmember
Initiated
Concept
Presented at Council
Work Session for
Consensus
NO or Changesrequired