HomeMy WebLinkAbout10-04-10 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, October 4, 2010 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Chaplain Remco Brommett, Chaplain for City of 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. 10-1247)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the September 13, 2010 Work Session Meeting Minutes.
(Agenda Item No. 10-1248)
(Sudie Gordon, City Clerk)
2. Approval of the September 20, 2010 Regular Council Meeting Minutes.
(Agenda Item No. 10-1249)
(Sudie Gordon, City Clerk)
3. Approval of an Agreement between the City of Milton and Fun-Fare to Provide Services
for the Milton Roundup.
(Agenda Item No. 10-1250)
(Cyndee Bonacci, Parks and Recreation Director)
MILTON CITY COUNCIL REGULAR MEETING AGENDA OCTOBER 4, 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.
4. Approval of a Professional Services Agreement between the City of Milton, Georgia and
Universal Engineering Sciences, Inc. for Phase 1 Environmental Site Assessment at the
Intersection of Deerfield Parkway and Webb Road in the Amount of $1,500.00.
(Agenda Item No. 10-1251)
(Carter Lucas, Public Works Director)
5. Approval of a Construction Contract between the City of Milton, Georgia and
Blount Construction Company, Inc. for Providence Lake Curb and Gutter Repair in the
Amount of $13,376.52.
(Agenda Item No. 10-1252)
(Carter Lucas, Public Works Director)
6) REPORTS AND PRESENTATIONS (None)
7) FIRST PRESENTATION
1. ZM10-03/VC10-02 – Requested by Global Payments, Inc. located on Deerfield
Parkway along the west side for a distance of approximately 674.41 feet (11.62
acres). To Modify Condition 2.a (99Z-011, 99U-008, 99VC-007) to replace the
current conditional site plan, which was marked received by the Fulton County
Environment and Community Development on December 11, 1998 with a new site
plan received by the City of Milton Community Development Department on
September 7, 2010. To delete zoning condition 3.b., parking shall be shared with
adjacent property zoned C-1 (Community Business), pursuant to 99Z-012, currently
Zoned) O-I (Office-Institutional) Pursuant to 2007Z-019. To request a concurrent
variance to reduce the subject property’s minimum on-site parking requirement
from 122 spaces to 100 spaces (Section 64-1410).
(Agenda Item No. 10-1253)
(Lynn Tully, Community Development Director)
2. Approval of An Ordinance to Amend Chapter 58, Utilities, of the City of Milton
Code of Ordinances to Establish Commercial Car Wash Water Recycling
Requirements; to Repeal Conflicting Provisions; To Provide for Severability; to
Provide for an Effective Date; and for Other Purposes.
(Agenda Item No. 10-1254)
(Discussed at September 13, 2010 Work Session)
(Ken Jarrard, City Attorney)
3. Approval of An Ordinance to Amend Chapter 62, Vehicles for Hire, Article II,
Taxicabs, of the City of Milton Code of Ordinances.
(Agenda Item No. 10-1255)
(Ken Jarrard, City Attorney)
8) PUBLIC HEARINGS (None)
MILTON CITY COUNCIL REGULAR MEETING AGENDA OCTOBER 4, 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 (None)
11) NEW BUSINESS (None)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
14) EXECUTIVE SESSION (If needed)
15) ADJOURNMENT
(Agenda Item No. 10-1256)
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: Cyndee L. Bonacci, Parks and Recreation Director
Submission Date: September 21, 2010
Meeting Date: October 4, 2010
Agenda Item: Approval of an agreement between the City of Milton and Fun-Fare to
provide event services for the 2010 Milton Roundup
Background:
The City of Milton is in the process of planning for the annual Milton Roundup to be held on
Saturday, October 23, 2010 from 12-6 p.m. at Birmingham United Methodist Church.
Discussion:
Fun-Fare has provided a great proposal covering all of the kids area activities (10) with staff
assigned to each activity; generators; tents; and shuttles to allow for off-site parking for a total
of $5,000.00 and Golden Horseshoe sponsorship credit. Other quotes were requested from
Amusement Masters and All-Star Entertainment. The quote from Amusement Masters for the
kids area was $9,700.00 not-including the other items provided by Fun-Fare. All-Star
Entertainment was non-responsive to a request for pricing. There are not a lot of companies in
the area that can provide this wide variety of services.
I have contracted with Fun-Fare previously during my time in Snellville for events similar to the
Milton Roundup. The staff is easy to work with and provide a great experience for event
attendees. Numerous metro-Atlanta cities and counties utilize their services.
Attachments:
An agreement between the City of Milton and Fun-Fare to provide event services for the 2010
Milton Roundup
P.O. Box 777 * Kennesaw, GA 30156 * Phone: (770) 425-3033 * Fax: (770) 293-0047
www.fun-fare.com
Date Issued; 9/13/2010
Milton Roundup
Rental Date and Location
Saturday, October 23, 2010; Birmingham UMC, 15770 Birmingham Highway
24’ Extreme Slide (27’x42’x27’ high) 1 staff
Fire Truck (31’x11’x15’ high) 1 staff
Pirate Ship (41’x15’x16’ high) 1 staff
Double Decker Bus (18’x32’x15’ high) 1 staff
Adventure Jeep (23’x19’x15’ high) 1 staff
Snake Obstacle Course (12’x45’x15’ high) 1 staff
Quad Jump (40’x40’) 2 staff
Titanic Slide (51’x35’x33’ high) 1 staff
Rockwall (3 sided, 24’ high) 1 staff
Mechanical Bull 1 staff
Generator
Delivery
*Fun-Fare will provide the above items and staff at cost of $5,000 plus the top
level sponsorship of the Milton Roundup. Fun-Fare will provide employees to
staff each item;, use of the items will be free of charge to the general public.
Fun-Fare will also provide all power needed to run the items listed above, EZ-up
tents, and shuttles in support of the Milton Roundup.
1) Delivered and set-up by 12:00 PM to 6:00 PM; break down/pick-up.
2) Fun-Fare will provide at least one staff members as described above per
inflatable items.
3) A 50% deposit is required within two weeks of date issued. If the deposit is not
received within those two weeks, Fun-Fare has the right to void contract.
4) Balance is due at the conclusion of the event.
Please read the reverse side of this page for rental agreement. Signing below
stipulates that both parties understand and agree to the terms of this contract.
______________________________ ________________ 9/13/10
Authorized Agent Date William H. Watson, CEO Date
City of Milton Roundup Fun-Fare Enterprises, Inc.
[AFFIX CORPORATE SEAL]
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P.O. Box 777 * Kennesaw, GA 30156 * Phone: (770) 425-3033 * Fax: (770) 293-0047
www.fun-fare.com
FUN FARE
1. CANCELLATION POLICY:
Cancellation of your equipment rental will result in the loss of reservation deposit unless the cancellation is made at least ten
(10) working days prior to the scheduled rental date. If Fun Fare is given notice of cancellation at least ten (10) working days
prior to scheduled rental date, a full refund will be issued. Should a problem arise (unforeseen/severe weather) to cause
postponement of the use of equipment, it will be rescheduled for another date suitable to both parties involved.
2. PHYSICAL CONDITION OF RENTAL ITEM(S):
You acknowledge that prior to taking the rented item(s), you examined it, and are aware of its condition and that it is in good
condition except for any defect noted on this Contract. It is your responsibility to return the rented item(s) to Fun Fare in the
same condition, except for ordinary wear and tear. Any equipment found to be defective/damaged at the time of assembly
should be reported to Fun Fare immediately and Fun Fare will replace/reschedule equipment upon availability.
3. USE OF ITEMS(S):
A) You agree that you are satisfied with the instruction given by Fun Fare in the proper and safe manner of using the item(s)
or that you are so familiar and told Fun Fare that you were. You further agree that the item(s) will be used only at the
address designated and only for the purpose of for which the item(s) was manufactured and intended. Subleasing or
improper use is prohibited.
B) Fun Fare agrees to give instruction on proper and safe use of equipment at the time of rental pickup in the event that the
signing of agreement and pick-up are different.
4. RESPONSIBILITY OF USEWARRANTY:
You are responsible for the use of the rented item(s). You assume all risks inherent in the operation and use of the item(s) and
agree to assume the entire responsibility for the defense of, and pay to, indemnify and hold Fun Fare harmless from, and hereby
release Fun Fare from, any and all claims for damage to property or bodily injury (including death) resulting from the use,
operation or possession of the item(s), or from any cause. You agree that no warranties, expressed or implied, have been made
in connection with this rental, except that Fun Fare warrants that all items shall be fit for their particular purpose and that all
Fun Fare staff members shall be properly trained in the operation of the items.
5. RESPONSIBILITY FOR EQUIPMENT:
From the time the item(s) is rented out until it is returned, you are responsible for it. If the item(s) is lost, stolen or damaged
under any circumstances while rented, regardless of faultexcept in the case of any willful or negligent act or omission of a Fun
Fare staff member, you shall be responsible for all charges, including labor costs, to replace or repair the item(s).
6. ITEM(S) FAILURE:
You agree immediately to discontinue the attempt to use the rented item(s) should it at any time become unsafe or in a state of
disrepair, and will immediately (one hour or less, if possible) notify Fun Fare of the facts. Fun Fare agrees in its discretion to
make the item(s) operable within a reasonable time, or provide you with a like item if available, or make a like item available at
another time, or adjust the rental charges. This provision does not relieve you from the obligations imposed by other
paragraphs, including 4 and 6. In all events, Fun Fare shall not be responsible for any injury or damage, including
consequential damage, resulting from failure or defect of a rented item(s).
7. RETURN OF ITEM(S):
The rented item(s) is Fun Fare property and Fun Fare rents the property to you subject to this contract for rental charges and for
the period of time noted on the front. If you desire to extend the term of this rental beyond the time and date specified on the
front under "Time In," you must immediately notify Fun Fare to obtain our approval and the terms for such extension and
modification of this contract (see paragraph 9). If this agreement has not been extended and you fail to return the item(s) when
due in, Fun Fare, to enforce its property ownership of the item(s) and to protect its interest under this contract, may retake the
item(s) at any time and to do so Fun Fare or its representatives may enter your property and you hereby waive any right of action
against Fun Fare for such entry and retaking. In addition, you acknowledge that the failure to return a rented item(s) within the
contracted time and the sale or concealment of a rented item(s) is prohibited, and that such action may constitute a crime, Fun
Fare, in addition to any other action we may take, may notify the authorities and take other action, including the filing of
criminal complaints, subjecting you to prosecution.
8. CHARGES AND PAYMENTS:
You are responsible for rental charges from the time the item(s) is "Rented Out" as specified on the front until is "Returned " and
other charges hereunder. Return the item(s) promptly, clean and in good condition.
You and your representative agent or principal, shall be responsible for and shall pay Fun Fare all charges hereunder. All
charges are due upon return of the item(s) and on demand. If the rental charges are charged to someone other than the renter,
the renter represents he is the agent of such party and has the right to charge this rental; the renter nevertheless will re main
liable for the charges and for the other obligations and responsibilities of the renter hereunder. If rental charges are not paid
within three (3) days of their due date, Fun Fare may recalculate all charges on a daily rental fare basis.
9. COLLECTION COST:
You agree to pay attorney fees, collection fees, court costs and any other expenses incurred in collecting any charges under this
agreement in retaking the rented item(s) or otherwise enforcing the terms of this contract.
10. MODIFICATION OF CONTRACT: This paper represents our entire contact, and there are no collateral, oral or,
other agreements outstanding. None of Fun Fare rights may be changed and no extension of the term of this contract may be
made except by verbal approval from Fun Fare and subsequently made a part of this contract by written amendment.
P.O. Box 777 * Kennesaw, GA 30156 * Phone: (770) 425-3033 * Fax: (770) 293-0047
www.fun-fare.com
11. INDEPENDENT CONTRACTOR: Fun Fare is an independent contractor. Neither Fun Fare, nor any of its staff members, is
an employee, agent or representative of the City of Milton.
12. INSURANCE; INDEMNITY: Fun Fare agrees to maintain in effect for the duration of the event insurance coverages, at a
minimum, as described in Exhibit “A,” attached hereto and incorporated herein by reference. Each party to this contract agrees
and acknowledges that it shall be solely responsible for any and all liabilities that may result from its performance of its
respective obligations under this contract. Each party to this contract agrees, to the extent if any allowed by law, to indemnify
and hold harmless the other parties against any costs, expenses, causes of action , or other claims based upon personal injury,
death, or damage to property (“Claims”) that may result from any party’s performance of its obligations under this contract,
except to the extent that any such Claim may also result from another party’s willful or negligent act or omission.
ACCEPTED BY BIRMINGHAM UNITED METHODIST CHURCH, INC.
_____________________________________________
Name/Title:________________________ Date:
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P.O. Box 777 * Kennesaw, GA 30156 * Phone: (770) 425-3033 * Fax: (770) 293-0047
www.fun-fare.com
EXHIBIT “A”
[ATTACHED] Formatted: Font: 12 pt, Bold, Underline
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: September 22, 2010
Agenda Item: Approval of a Professional Services Agreement between the City of Milton, Georgia
and Universal Engineering Sciences, Inc. for a Phase I Environmental Site
Assessment at the Intersection of Deerfield Parkway and Webb Road in the Amount
of $1,500.00
Background:
The city has contracted to purchase a 1.0 acre parcel on the southwest corner of Deerfield Parkway and
Webb Road. As part of that purchase process the city is proposing to have a Phase I Environmental Site
Assessment (ESA) performed to ensure that the city is not purchasing a piece of property that may have a
history of potential environmental contamination.
Discussion:
As part of the purchase process for the 1.0 parcel a Phase I Environmental Site Assessment was requested.
The city requested proposals from 3 firms qualified to provide this service and the prices ranged from
$1,500 to $2,000. Staff is recommending approval of a Professional Services Agreement with Universal
Engineering Services, Inc. in the amount of $1,500 to perform this work.
The budget for this work will come from the property acquisition fund being used to purchase this
property. This expenditure will not cause us to overspend this account.
Legal Review:
Paul Higbee, Jarrard & Davis on 9/8/2010
Attachments:
1. Professional Services Agreement
I City of Milton
PROFESSIONAL SERVICES AGREEMENT— SHORT FORM
AGREEMENTS $10,000.00 OR LESS
This Professional Services Agreement (the "Agreement") is made and entered into this 'l day of
J�f-TIrM364L— 2010, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as
the "City"), and Universal Engineering Sciences, Inc. (hereinafter refi rred to as the '*Consultant").
WITNESSETH THAT:
WHEREAS, the City desires to employ a Consultant to perform the services described herein (the
"Work"); and
WHEREAS, Consultant has familiarized itself with the Contract Documents, as defined below, the Work,
and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations.
NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein
and other good and valuable consideration, the sufficiency of which is hereby acknowledf ed. agree as
follows:
Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto
and incorporated herein by reference, constitute the "Contract Documents":
EX111BITA WORK IMISCRIPTION
EXI-11BIT B INSURANCE CERTIFICATE
To the extent that theremay be any conflict arnong, the Contract Docuinents, the provision operating most
to the benefit of the City shall govem.
Section 2. The Work: Consultant shall provide all Work described in the Contract Documents.
Unless otherwise stated in the Contract Documents, the Work shall include Consultant's provision of
materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally
described as a Phase I Environmental Site Assessment for the 1.0 acre tract on the southwest corner of
Deerfield Parkway and Webb Road.
Section 3. Contract Time: Consultant understands that time is of the essence of this Agreement and
warrants that it will perform the Work in a prompt manner, which shal I not impose delays on the pro cess
of the Work. It shall cornmence Work pursuant to this Agreement on or before a date to be specified on a
written "Notice to Proceed" from the City and shall fully complete the Work within 30 days cif the
"Notice to Proceed".
Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as
defined below, shall require a written change order executed by the City in accordance with its purchasing
regulations.
Section 5. Compensation and Method of 1`4ymen : City agrees to pay Consultant for the services
performed and costs incurred by Consultant upon the City's certification that the services were actually
perfort'ned and costs actually incurred in accordance Nvith. this Agreement. Compensation for services
perforined and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's
receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the
llmy,e 1 of4
services perfornied and costs incurred. Invoices -,hall reflect charges, ince red versus charges budgeted.
The total amount paid under this Agreement for the Work shall not, in any case, exceed $1,500 (the
"Contract Priec"), except as outlined in Section 4 above. Consultant shall t,-,,Ikc no calculated risk in the
performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work
within the budgetary limitations established without disregarding sound principles of Consultant's
industry, Consultant will give written notice thereof init-nediately to the City.
Section. 6. Covenants of Consultant
A. Amignmma-WL A greeztxent. Consultant covenants and agrees not to assign or transfer any interest
in., nor delegate any duties of this Agreement, without the prior express written consent of the
City.
B, Responsibility of Consultant and Indemnification of City: Consultant covenants and agrees to
take and assume all responsibility for the services rendered in connection with the Work.
Consultant shall bear all losses and damages directly resulting to it on account of the negligent
perf'orinarice or character of the services rendered pursuant to this Agreement. Consultant shall
defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and
appointed officials, employees and agents from and against any and all claims, suits, actions,
liability, judgments, damages, losses, and expenses, including but not limited to, reasonable
attorney's fees, 'which are the result of willful or negligent acts, or tortious conduct to the extent
arising out of the negligent perforniance of contracted set -vices, or operations by Consultant, any
subconsultant, anyone directly employed by Consultant or subconsultant or anyone torr whose
negligent acts Consultant or subconconsulttirrt may be liable, regardless of whether or not the,
negligent act is caused in part by a party indemnified hereunder,
C. jAd e
wndcriL Consultant: Consultant hereby covenants and declares that it Is engaged in an
independent business and agrees to perform the Work as air independent Consultant, not as agent
or employee of City. Inasmuch as City and Consultant are parties 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 N-vi-iting by botli pat -ties.
Consultant agrees trot to represent itself as City's agent for any purpose to any party or to allow
any employee to do so, unless specifically authorized, in advance and in writing, and then only
for the limited purpose stated in such authorization, Consultant shall assume full liability for any
contTacts or agreements Consultant enters into on behalf of City without the express knowledge
and prior written consent of City.
D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this
Agreement, insurance approved by the City as stimvii on Fxhihit's. -
E. Licenses, Certifications and Permits: Consultant covenants and declares that it has obtained and
will maintain all diplomas, certificates, licenses, permits or the like required by any national,
state, regional, City, and local boards, agencies, commissions, committees or other regulatory
bodies to perform the Work. Consultant shall comply with applicable legal requirements and
meet the standard of quality ordinarily expected of its industry.
F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the
process of being prepared for the Work by Consultant ("materials") shall be the property of the
City and the City shall be entitled to full access and copies of all materials, All copyrightable
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subject matter in all materials is hereby assigned to the City, and Consultant agrees to execute
any additional documents necessary to evidence such lassigrinicnt.
G. Consultant's Representative:n-
shall be authorized to act on Consultant's behalf
-
with respect to the Work as Consultant's designated representative.
R Confidentiality: Consultant acknowledges that it may receive confidential information of the
City and that it will protect the confidentiality of any such confidential information and will.
require any of its subconsultants, consultants, arid/or staffto likewise protect SUCh confidential
information.
L Meetins: Consultant shall meet with City's personnel or designated representatives to resolve
11 .......... 111.11 1.111, 1-1
technical or contractaal probleni.s that may occur during the term of the contract, at no additional
cost to City.
Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall
perfionn in a manner consistent with that degree of care and skit] ordinarily exercised by members of the
same profession currently practicing under similar circumstances at the same time and in the same or
similar locality.
Section 8. Termination: The City may terminate this Agreement for convenience at any time upon
written notice to Consultant. Provided that no damages are due to the City for Consultant's breach of this
Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein.
Section, 9. Miscellaneous
A. Governing Law. This Agreement shall be governed by the laws of the State of 6corgia.
K Counterparts, 11tis Agri-ceirrent utay be QxcQtjtcd in any 11U1ubCr Of CQUntelpa[U, caCh Of Which
shall be deemed. to be an original, but all oil' which together shall constitute one and the mi-ne
instrument.
C. Sovereign Immunity. Nothing contained in this Agreeinentshall be construed to be a walver of
the City"s sovereign immunity or any individual's qualified good faith or official immunities.
IN WITNESS W.1-IF12EOF, the parties have caused this A.-recinetit to be executed under sea] as of the (late first
Z71
above written.
[SIGNA'FURI"S ON -1-11E FOLLOWING PAGE]
Page 3 of 4
[Universal Engineering Sciences, Inc.]
Signature:
. .......... . . .
Title:
[AFFIX CORPORA"I'E SEAI.j
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
PnjitedName: 7�-1)-11-wIrsoo Pc
Page 4 of 4
Exhibit A
Work Description
a I in, a Fa & awm mom &%
wN vbKZPAL
tuENGINEERING SCIENCES
Consultants In: Geotechnical Enqlni�.Prinq - linvironrne.ntal Sciences
Geol)hysic al Services - Construction Matoriai ORting - Threshold infI)ection
Building inspection -Plan Re -view- Buildinq Code &Jnijnistration
August 27, 2010
City of Milton
13000 Deerfield Parkway
Milton, Georgia 30004
Attention: Mr. Carter Lucas, P,E.
Public Works Director
Reference.- Proposal for Phase I Environmental Site Assessment
One Acre Property
Intersection of Deerfield Parkway and Webb Road
City of Milton, Fulton County, Georgia
UES Propoisal No, 1640.0810,00006
Dear Mr, Lucas:
LOCATIONS:
Atlanta
Daytona Beach
Fort Myers
Fort Pierce
• Gainesville
Jacksonville
Kissimmee
• t,eesburg
Miami
Ocall
Oflando (Headquarters)
• Palm Coast
• Panama City
• Pensacola
• Rockledge
Sarasota
Tampa
Nest Pairn Beach
Universal Engineering Sciences (UES) appreciates the opportunity to submit this proposal for
performance of a Phase I Site Assessment for the aforementioned site. This proposal presents
a brief description of our understanding of the project, the work scope, and our compensation. In
preparation of this proposal we have reviewed your email dated August 27, 2010,
PHASE I ENVIRONMENTAL SITE ASSESSMENT
The objective of the Phase I ESA is to provide an independent, professional opinion regarding
recognized environmental conditions (RECs) associated with the referenced property,
Specifically, we will use American Society for Testing and Materials Standard E 1527-05,
Standard Practice for E-rivironmental Site Assessments: Phase I Environmental Site
Assessment Process as a guideline. The following tasks will be completed during the
assessment:
• Interview key site personnel, as available, regarding Current and previous uses of the
property, particularly activities involving hazardous materials and wastes.
• Investigate historical use of the property by examining locally available aerial photographs
and other readily available historical information (,-,g., fire insurance maps, city directories),
• Review property records (e.g., Tax Assessors Office) to ascertain previous ownership and
historical property use, to the extent these records are available. This may not result in a 50
year chain -of -title,
• Document information available on general geology and topography of the property, local
groundwater conditions, sources of water, power, and sewer, and proximity to ecologically
sensitive receptors (e.g,, streams),
One Acre Property
Deerfield Parkway and Webb Road
City of Milton, Fulton County, Georgia
UE5 Proposal 1640M10,00006
August 27, 20-10
Conduct an onsite walkthrough inspection of the property for visual evidence of potential
environmental concerns including:
Existing or potential soil and water contamination, as evidenced by soil staining,
discoloration, stressed vegetation, or indications of waste dumping/burial
Pits, ponds, or lagoons
Containers of hazardous substances or petroleum products
Electrical equipment that may contain polychlorinated biphenyls (PCBs), such as
electrical transformers and capacitors
Underground storage tariks (USTs)
Aboveground storage tanks (ASTs)
0 Review readily available information with respect to radon gas potential.
Perform a property line visual assessment of adjoining property for evidence of potential
environmental conditions that may affect the subject property.
Review a commercial database summary of federal and state regulatory agency records
pertinent to the site and properties within ASTM recommended search distances, including
(1) the National Priorities List (NPL) and the Comprehensive Environmental Response
Compensation and Liability Information System (CERCLIS) inventory maintained by
USEPA, (2) inventories of known or suspected sites of environmental impairment
maintained by state, and local regulatory authorities, and (3) underground storage tank
registration inventories maintained by state and local regulatory authorities.
In order to qualify for one of the Landowner Liability Protections (LLPs) offered by the Small
Business Liability Relief and Brownfields Revitalization Act of 2001 (the Brownfields
Amendments"), the user must provide the user questionnaire to the environrnpntal
professional. Failure to provide this information could result in a determination that "all
appropriate inquiry' is not complete. The user questionnaire is provided as an attachment to
this proposal.
The user is required to provide Information regarding environmental liens. The scope of the
environmental cleanup lien search is limited to reasonably ascertainable land title records.
• Prepare a written report including work performed, findings, conclusions, and
recommendations for additional investigation (as necessary) to evaluate identified RECs or
business environmental risks that may have an impact on site development.
If possible, please provide the following information/docurnents.
• Plot plan and legal description.
• Any other data, previous reports, or information with respect to the subject property.
• Questionnaire (attached)
Page 2 of 5
10
One Acre Properly
Deerfield Parkway and Webb Road
City of Milton, Fulton County, Georgia
COMPENSATION
UES Proposal 1640-0810.00006
August 27, 2010
Compensation for out- services will be on a lump $Urn basis for a fixed fee total of $1,500-00. If
conditions are encountered which may warrant additional work, we will contact you for approval
before proceeding.
TIME SCHEDULE
We expect to complete the work and submit formal reports within three weeks of authorization,
which is our standard turn -around time. Additionally, we will provide you with verbal results of
pertinent iSSUeS as they arise- If a tighter schedule is required please let us know.
CLOSURE
Two copies of our Agreement for Set -vices are included as part of this proposal. If this proposal
is accepted, please sign them, return one to us, and keep the other copy for your file.
Also, please complete and return the attached User Questionnaire to us as soon as possible.
We look forward to working with you during this phase of the project. Should there be any
questions regarding the proposed work or compensation, please contact us,
Sincerely,
Universal Engineering Sciences, Inc.
atty ; Muthuswamy, E.1. Scott D. Thomson, PE
Proltjtiyet�E�-ngineer Branch Manager
Page 3 of 5
Exhibit B
Insurance Certificate
1:11LINIVEENG
f r pt„ CERTIFICATE
----- T�G F LIABILITY INSURANCE
OATS (MMIDDtYYYY)
9/0712010
PRODUCER
BB&T - J. Rolfe Mavis
P� 80X 4927
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE. CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Orlando, FL 32802-4927
� e
TYPE OF INSURANCE
407 691-96+00
INSURERS AFFORDING COVERAGE
N'AIC ##
INSURED
Universal Engineering Sciences, Inc'
INSURER A: Endurance American Specialty In
41718
NGUar R B: Navigators Specialty Insurance
36056
INSURER ; North River Insurance Company
21105
EACH OCCURRENCE
3532 Maggie Blvd.
Orlando, FL 32811
INSIfRER D.
Z 00�
INSURER E:
COVERAGES
THE POL ICA FS OF INSURANCE LISTEL) BELOW HAVE BEEN ISSUED "I` THE: INSURED NAMED ABOVE FOR THE POLICY PERIL}D INDICATED. NOTWITHSTANDING,
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHE R DOCUMENT W114 i RESPECT 10 WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
! SH
LTR
NDDIL
NSR
TYPE OF INSURANCE
POLICY NUMBER
P'OLiGY EF€ECTIVE
DATE MMtDWYYYY
POLICY EXPIRATION
DATE MMIDDNYYY
LIMITS
A
X
GENERAL LIABILITY
ECC10100846401
07117120310
01/0112011
EACH OCCURRENCE
$5 000 000
DAMAC?F',SD REf3TED
Z 00�
XGCSRJtiF..iZCITiL CI%IJ BGtAI. LIACiII_tTY
MEO EXP (Any one person)
$5.000
CLAIMS MADE" I ^ I OCCUR
B1kt Add[ Insd/
PERSONAL &.ADV INJURY
$5,000,000
X Incl X,:Ci,U
Waiver of Subro
X Blkt Contractual
GENERAL AG GRE"CATE: _
s5,000,000
Written Contract
GEN`LAGGREGATE LIMIT APPUES ER:
PRODUCTS - COMPIOPAG
$5000000
I
PR
POLICY Ex JEC"i
AUTOMOBILES. LIABILITY
i
COMBINED SINGLE LESiIi
$1,000,000
_. .. ANY AU I0
(Ea accident)
......................... ....._.... _............. ._..._,..........___................_............................
,......__...
AL,L OWNED AUTOS
BODILY INJURY
S
SCHEDULED AUTOS
a IPe' erS..a.)
Y11REt3AllTU:3
BODILY INJURY
$
NON-OWN.EDAU10S
(I'eraccident)
C
X Excess Auto
5317451478
01101/2010
01/0112011
PROPERTY DAMAGE
$
Liability
(Pet acelderl)
GARAGE LIABILITY
AUTOONLY- LA.ACCIDENT
5
OTt�SER THAN ACC
S
ANY AUTOEA
S
AUTO ONLY: _ AGt=
B
EXCESS I UMBRELLA LIABILITY _
CH10EXC62799IC
07/1712010
01/01/2011
FACHt7CCk1RRENC;£59000,000
AGGREGATE _
$9000000
X OCCUR EJ CLAIMS MADE
5
�
5
DEDUCTIBLE
�
X RETENTION so
WORKERS COMPENSATION AND
U.'G STATU- C�'€Ek-
EMPLOYERS' LIABILITY
ANY PROPRIETOgJPAP,TtIER,EXrzC.-JTIVEE.I.EACHPC.CIOI=Nt
$ ,
anFFIC�Eft!l�I%BhR EXCLUDED? �
Matory InN I
---
E.L. DISEASE - EA LMPLOYEU
S
E.L. DISEASE- POLIGY LINIIT
S
If ycs, de=dbe undo,
SPECIAL PROVISIONS below
I
I
OTHER
A
Professional and
ECC10100846501
0711712010
01/0112011
Each Claim $8,000,000
Pollution Liao
I
Aggregate $8,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS
RE. One Acre Property, Intersection of Deerfield Pkwy and Webb Rd. The City Of Milton is included is
as an Additional Insured as respects General Liability under a blanket additional insured endorsement
if required by written contract. The Auto Liability Excess provides an additional $1,000,000 excess
liability layer above the underlying $1,000,000 liability limits provided by primary auto policy with
Liberty Mutual. The $9,000,000 Excess Liability is excess above the underlying and excess layers.
City of [Milton
Suite 107E
13000 Deerfield Parkway
Alpharetta, GA 30004
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,'THF: ISSUING INSUREzR WILL ENDEAVOR TO MAIL ,.---UL— DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 $0 SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
AUTHORIZED REPRESENTATIVE
ACORD 25 (2009101) 1 of 2 ##85564397/MS219490 0 1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD PSBE
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If St.313ROGATION IS WAIVFD, si_ibject to the terms and conditions of the policy, certain polir.,ies, may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
r
The Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORCD 25 (2009/01) 2 of 2 ##55564397IM5219490
T 0 DATE ltdti?C]DIY YYI
, CQJ?" CERTIFICATE OF LIABILITY INSURANCE I
t 09/07/2010
RODuor 727-797-4190 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Arthur J. Gallagher Risk Management Services. Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. IttIS GER[IFICAfE DOES NO] AMEND, EXTEND OR
4904 Eisenhower Blvd., Ste 250 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tampa FL, 33634
Alla. CINSURERS AFFORDING COVERAGE NAIC #
INSURED t INSURER A: LIBERTY MUT FIRE INS CO 2.3035
universal Engineering ,sciences, Inc.- —
,
INS iRER 11: WAU^AU UNDERWRITERS INN CO 126042
3532 Maggie Blvd. INSURER
Orlando, FL 32811-6697
rnx/FRAr,Fq
INSURER Di
TI LE POLICIES OF INSURANCE LISTED BELOW IIAVE LEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR
OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN: THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ` ❑T3'L I POLICY Nlit41HE62
TYP
QC7< EFF ECTIVF POLICY EXPIRATION a
' DA'!E tEr,. JOlYYYY DAT't_ 1,9WdMYYYYI = LIMITS_
LTR R - OF INSURANCE
. I
..
i GENERAL LIABILITY
1 EACH OCCURRt.NC:E ! S
I ._ ................._.. .... .
DArdAGE rb riti�NtcD
�
CC3fviivl€.RCIAL tik Nt kAf L.IAEiIf,€1'Y j-.
PREMISES (Ea occurrenctij _ ..
—� CLAIMS MADE L OCCUR
( ; MED EXP (Any one person) I � .__......._. .._
PER80NAL & ADV IN.iI'=I21' _ $_�.. _.
i GENERA€. AGGREGATE ' $
GENT. AGGREGATE LMIT APPLIES `PER:
PRODUCTS t`S - COMi'76;a AGU $ .. .._....._-- ....
_...
i ......,
POLICY (.r CT. i LOC
A X
': AUTOAdGBILE LIABILITY IAS27,5128023202-p
Ol/01/10 01/01/11 COhB1NED SINGLE LItJs[`7"
_.._.,3
(Eaaccldera.) i. $ 1.'000'000
i X 1 ANY AUTO I
X ALL OVVPIED AUTOS
BODILY INJURY •.
i
,(
X t .Sf]i`VEDU Lx:D AUTCie
EI
{icer p:�rsanj
....... ...... ..... .. ...... .
X HIRED AUTOS i
BODILY INJURY
X i NON•ONWEDAUT=OS
(fierarru'en.l
.__.............._....... .._.._ .._.___�._..,.,..__ I
E"O' -STY DAMAGE s
-
31
��£:f etf 41t➢8im....£I ,,..,.A,,,.,...,,.»....m �..........,...........,»...,......
GARAGE LIABILITY j
_ AUTO ONLY EA ACCIDENT
..OTHER
{
I EA AUC � $
�.I
ANY AUTO
THAN ., _.. .... .......
AUTO ONLY: AC Cs
s
f'X?;'.F S I l)tJF3f2F9..1,A LIARtt_ITY
I EACH OCCURRENCE ': 5 ^^
OCCUR �_ C€AlklF, MADE
I AOGREG/�.TE.... ! $
.. .. .__...__-__........... --
DEDUCTIBLE
...
.......... ......._..._.... ..._.... . .._ _.
RETENTION $
# , { S
_ B
WORKERS COMPENSATION IWC.7Z,1280232040
01/01/10 01/01/11 y � 4dCc,TATU UTH
r> v Llrtlr t _._ .._
AND EMPLOYERS L IABILITY Y/r� (
ANY PROPRIPTDRiPARTNER/EXFG-UTIVr �!
1 000,000
E.L. EACH, ACCIDENT Q =;
OFFICERWE.N',BER EXCLUDEN € I I
(Manda€eay In NH)
El, DISEASE -FnLdAI'LOYEE 4 1, 00
..._._._ ._.._. __. ......,....
f`yea, de.,cr be under
SPECIAL PROVISIONSbelow• I
_
I E.L. DISEASE - POLI-CY LIM IT 1 $ 1,000,000
OTHER
I
�
DESCRIPTION OF OPERA IONS; LOCATIONS t' VEHICLES i EXCLUSIONS ADDED BY ENDORSEMENT
I S6PECIAL OIROVIBMONS
Certificate holder is ohown as an Additional Innured with rezpaest to Auto Liability coverages as evidence
herein for all projects performed by the named insured when required by a contract per form: CA 2048 0299.
A Waiver of Subrogation in favor of the Certificate
Holder is included for all policies listed .above per foxms; AX 1210
and WC 0003 13.
[-CI.TIGi> ATC ue-11 r1c'm t .AIV1 .1-1 L A I It )IV
ACORD 25 (2009/01) asiewert cC-I 19'bb-2UU9 AUUKU UUrtl'Urt>a I JUN /All rI9PUi PeSOfVe(a.
17307723 The; ACORD narne and logo are registorrd marks of ACORD
SHOULD ANY OF THE ABOVE DE SCR IBED POLICIES BE CANCEL IED BEFORE THE EXPIRATION
17ATl T€#FRFfiG, T14F €S ',II'JC. INS£•1RER 4WIL.L FNDF_AVt-1R TO MAIL 3i- DAYS V`VPHTEN
City of Milton
NOTICE T O THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO LSO So SHALL
IMPOSE NO OBI.AGATION OR LIABILITY OF ANY KIND UPON THE INSURER_ ITS AGENTS OR
13000 D arflold Parkway
Suite 107E
REPRESENTATIVES,
ES.
AUTHORIZED R�F'RE$EN7AT[tfE
Milton, CSA 30004
USA
ACORD 25 (2009/01) asiewert cC-I 19'bb-2UU9 AUUKU UUrtl'Urt>a I JUN /All rI9PUi PeSOfVe(a.
17307723 The; ACORD narne and logo are registorrd marks of ACORD
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificatE,, does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and, the certificate holder, nor does it affirmatively or negatively amend,
extend of alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009/01)
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: September 22, 2010
Agenda Item: Approval of a Construction Contract between the City of Milton, Georgia
and Blount Construction Company, Inc. for Providence Lake Curb and
Gutter Repair in the amount of $13,376.52.
Background:
Three sections of curb and gutter within the Providence Lakes Subdivision have experienced severe
settlement and need to be repaired. These sections are location along Gunston Hall Circle and Providence
Lake Drive and total approximately 188 lf of curb and gutter repair and associated pavement repair.
Discussion:
In compliance with the city’s purchasing policy three written bids were submitted for the project
in the amount of $13,376.52, $18,476.50 and $23,512. The lowest, qualified bid of $13,376.52
was selected to complete this work. Staff is recommending approval of a construction contract in
the amount of $13,376.52 with Blount Construction Company, Inc to complete this work
The budget for this work will come from the Road Repair and Maintenance account. This expenditure
will not cause us to overspend this account.
Legal Review:
Paul Higbee, Jarrard & Davis on 9/13/2010
Attachments:
1. Construction Contract
City or millon
AGREEMENT
PROVIDENCE LAKES CURB & GUTTER REPAIR
The City of Milton requires 51% participation by the Prime Contractor on all projects.
This Construction Agreement (the "Agreement") is made and entered into this _ day
of September, 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, with its principal
place of business located at 1730 Sands Place, Marietta, Georgia 30067 (hereinafter referred to
as the "Contractor").
WITNESSETH:
WHEREAS, the City issued a Request For Bid to solicit bids for Providence Lakes Curb
and Gutter Repair; and
WHEREAS, based upon Contractor's bid to construct and to install the improvements as
described in the RFB, the City has selected Contractor as the winning bidder, and
WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement,
according to the terms and conditions provided in this Agreement; and
WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract
Documents, the Project, and the Work, with all local conditions and federal, state and local laws,
ordinances, rules and regulations in any manner that may affect cost, progress or performance of
work, and Contractor is aware that he must be licensed to do business in the State of Georgia.
NOW THEREFORE, the City and Contractor, in consideration of the mutual promises
contained herein and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, agree as follows:
Section I Contract Documents
The following documents are incorporated herein by reference and constitute the
Contract Documents:
A. This Agreement (16 Pages, not including Exhibits);
B. Request For Bid (6 Pages), attached hereto as Exhibit 44A";
C. Proposal and Bid from Contractor received September 8, 2010, Included in
Exhibit "A";
D. Plans and specifications, Included in Exhibit "A";
E. 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
F. City of Milton Code of Ethics (Adopted by Reference).
Section 2 Proicut Descri2tion
The Project is defined generally as follows: Providence Lakes Curb & Gutter Repair.
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 when a Notice Proceed is issued to the contractor, either
verbal or written. Contractor agrees to complete the Project by September 30, 2010.
Section 5 Conlogtor's Compensation•, Time and Method of Payment
Contractor shall be paid in one lump sum for the full agreed -to contract amount of
$13,376.52. 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 the City of Milton Purchasing Department, for approval.
Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -
delivered.
Section 6 Work Chanzes
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
9,
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 cliatige orders materially
altering the terms of this Agreement or increasing the total amount to be paid
under this Agreement in excess of $25,000, must be approved by resolution of the
Milton City Council.
Section 7 Covenants of Contractor.
A. Ethics Code
Contractor agrees that it shall not engage in any activity or conduct that would be
in violation of the City of Milton Code of Ethics.
R. 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. BudgLtM 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
k&r:rH 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.
1. Responsibility of Contractor and Indemnification _pf �Cit
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,
4
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.
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 onto
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
of 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,
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;
6
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, eniployees, 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,
7
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) Ci ly as Additional Insured and Lossf"ee: The City shall be named as an
additional insured and loss payee on all policies required by this
Agreement.
L. EMploy.Ment 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 "B" and
"C" that it and Contractor's subcontractors have within the previous twelve (12)
month period conducted a verification of the social security numbers of all
employees who will perform work on the City contract to ensure that no
unauthorized aliens will be employed. The City Manager or his/her designee
shall be authorized to conduct an inspection of the Contractor's and Contractor's
subcontractors' verification process to determine that the verification was correct
H.
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 agrcc 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 -B."
The above requirements shall be in addition to the requirements of State and
federal law, and shall be construed to be in conformity with those laws.
0
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 timc 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. Confidentialitv
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
10
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 RegWating Illegal Aliens
The United States Congress enacted the Immigration Reform and Control Act of
1986 (IBCA), P.L. 99-603, which required the former Immigration and
Naturalization Service (now the Department of Homeland Security) to establish a
system for verifying the immigration status of non -citizen applicants for, and
recipients of, certain types of federally funded benefits, and to make the system
available to Federal, State, and local benefit -issuing agencies and institutions that
administer such benefits.
The Contractor covenants and declares that it is enrolled in the Basic Employment
Verification Pilot Program, and that it has verified the employment eligibility of
all its employees utilizing such program. Contractor shall likewise require all
subcontractors or sub -consultants to verify the employment eligibility of all their
respective employees utilizing the Basic Employment Verification Pilot Program.
Contractor shall provide documentation prior to commencing work under this
Agreement, in a form acceptable to the City of Milton, affirming the Contractor's
compliance with this Section.
Licenses. Certifications and Permits
The Contractor covenants and declares that it has obtained all diplomas,
certificates, licenses, permits or the like required of the Contractor by any and all
national, state, regional, county, local boards, agencies, commissions, committees
or other regulatory bodies in order to perform the services contracted for under
this Agreement. All work performed by Contractor under this Agreement shall be
in accordance with applicable legal requirements and shall meet the standard of
quality ordinarily expected of competent professionals.
R. Key Personnel
All of the individuals identified in Exhibit "G" (Not Used) 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
1I
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 Contract -or 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 Con -tractor 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 Providence Lakes, in order for Contractor to complete the Work.
B. City's Representative
12
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 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 suchother 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
13
at law or in equity.
Section I I 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 shalt
be in writing and shall be deemed received, and shall be effective when personally
delivered or on the third day after the postmark date when mailed by certified
mail, postage prepaid, return receipt requested Or upon actual delivery when sent
via national overnight commercial carrier to the parties at the addresses given
below, unless a substitute address shall first be furnished to the other parties by
written notice in accordance herewith:
NOTICE TO CITY shall be sent to:
City of Milton
Attn: City Manager
1.3000 Deerfield Parkway, Suite 107E
Milton, Georgia 30004
NOTICE TO CONTRACTOR shall be sent to:
Blount Construction Company, Inc.
1730 Sands Place
Marietta, Georgia 30067
F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to
14
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.
[SIGNATI JRFS ON FOLLOWINCTPAGE]
15
BLOUNT CMSTRUCTION MPANY, INC:
Signature: 7=,
Printed Name: Da16J. Cronauer
Title: PreSidpnt
SIGNED, SEALED, AND DELIVERED
In the piesence of.
fitness
-Notary Public
[NOTARY SEAL]
My Commission Expires:
606da—
NOTAWME
OOBB WJM GEM
WMVX"WfflRNM23W,2014
SIGNED, SEALED, AND DELIVERED
In the presence of:
Witness
Notary Public
[NOTARY SEAL]
My Commission Expires:
[CORPORATE SEAL]
MILTON CITY COUNCIL:
Joe Lockwood, Mayor
[CITY SEAL]
Secretary of Owner should attest
Give proper title of each person -executing affidavit. Attach seal as required.
Executed in Triplicate / of 3
16
17
Providence Lakes
BIDS DUE Wednesday, September S, 2010
Providence Lakes Subdivision
City of Milton, Georgia
Scope of Work and Schedule
The undersigned, as bidder, declares and represents that it has examined the site of the work and
informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be
performed, including those conditions affecting the cost of the work and the delivery, handling and
storage of materials and equipment. The bidder has examined and read the Bidding Document and
has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of
the work which Is required to be performed and that the bidder is willing and able to perform all of the
work necessary. The bidder further certifies that no additional information is required to complete the
work encompassed by this bid within the cost and schedule established and agreed upon within this
bidding document.
The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to,
provide all construction labor, materials, equipment, products, transportation, and other facilities and
services as necessary and/or required to execute and complete the work in full in accordance with the
scope of work provided to the full satisfaction of Uie city.
THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATE[
AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. THIS
PROJECT IS A LUMP SUM BID.
The base bid may not be withdrawn or modified, except at the request of the city, for a period of sixty
(60) days following receipt of the bids.
Page 2 of 7
1.0 General Conditions
a) Construction activity will be allowed Mon. -Fri. between the hours of 7:30 AM and 7:30 PM
and Sat. between 8:30 AM and 5-00 PM. Construction activity more than 1,000 feet from
an occupied residence will be allowed Mon.- Fri. between the hours of 7:00 AM and
10:00 PM and Sat, between the hours of 8:30 AM and 6:00 PM. No construction
activities shall occur on Sundays without prior written approval from the City of Milton.
b) Contractor must notify the City of Milton (678) 242-2500, twenty-four (24) hours prior to
beginning construction.
c) Burial of construction materials is not permitted within the City of Milton. All construction
materials and debris within the work area shall be properly disposed of by the contractor.
d) Contractor shall provide all necessary tools, equipment, labor and materials to perform all
work as defined In the following scope and schedule.
e) The location of and extent of the work shall generally be defined as follows:
i. 13350 Providence Lake Dr- Remove and replace approximately 88 feet of curb
and gutter, backfill and compact fill material to bring curb and gutter back to
correct line and grade. This section is located just past the driveway and is
directly across from Gunston Hall Circle;
ii, 335 Gunston Hall Circle- Remove and replace approximately 60 feet of curb and
gutter, backfill and compact fill material to bring curb and gutter back to correct
line and grade and throughout the entire depth of the right of way;
iii. 400 Gunston Hall Circle- Remove and replace approximately 40 feet of curb and
gutter to bring curb and gutter back to correct line and grade.
2.0 Erosion and Sediment Control
a) The contractor shall be responsible for all erosion and sediment control measures
required for the completion of this work.
b) All erosion and sediment control work shall be performed in accordance with the
standards provided in the Georgia Manual for Erosion and Sediment Control in Georgia,
latest edition.
c) Silt fences and hay bale barriers required in the execution of this project shall be cleaned
or replaced and maintained in functional condition until permanent stabilization measures
are established. All silt fences and other temporary measures will be removed by the
contractor when the site is stable.
d) Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case
shall a site be left bare for more than fourteen (14) days. Provide a minimum of V2inch of
mulching, temporary and permanent seeding of all disturbed areas.
e) No clearing beyond the right-of-way shall be allowed without prior written approval.
3.0 Earthwork
a) The area within the typical grading section shall be cleared of all trees, brush, stumps, logs,
grass roots, vegetable matter, poles, stubs, rubbish, refuse dumps, sawdust piles, and all
Page 3 of 6
other matter resting on or protruding through the original ground surface or appearing or
being placed on the area within the typical grading section before final acceptance of work.
b) All depressions below the ground surface containing water shall be drained, unsuitable
material removed and filled with suitable material and compacted to the proper grade before
the curb work is begun.
c) Sub -grade preparation shall be in accordance with GDOT specifications and these
specifications. The sub -grade shall be brought to the proper line and grade to ensure proper
installation of the curb and gutter.
d) If any sections of the sub -grade are composed of topsoil, organic, or other unsuitable or
unstable material, such material shall be removed and replaced with suitable material and
then thoroughly compacted as specified for fill or stabilized with stone or a geo-textile or geo-
grid.
e) Fill shall be placed in uniform, horizontal layers not more than 8" thick (loose measurement).
Moisture content shall be adjusted as necessary to compact material to 95% maximum
laboratory dry density as determined by AASHTO method T-99.
f) Provisions shall be made by the contractor to ensure adequate drainage and prevent
possible damage to the work area.
4.0 Paving and Curb & Gutter
a) Paving shall consist of a minimum of 3" of 12.5 mm SUPERPAVE. When necessary to
achieve the proper grade GOT approved GAB shall be placed, as needed. Moisture content
shall be adjusted as necessary to compact material to 100% maximum laboratory dry density
as determined by AASHTO method T-'180.
b) All asphalt and curb and gutter shall be saw -cut prior to removal.
c) Curb and gutter shall be Class "B" concrete (as defined by Georgia D.O.T.) and have a
minimum strength of 3,000 PSI at 28 days.
d) Typical curb and gutter section shall match the existing curb and gutter (6" x 24" X 12").
e) One-half inch expansion joints or pre -molded bituminous expansion joint material shall be
provided at each be -in point.
f) Curb and gutter shall be set true to line and grade to ensure proper drainage and shall be set
flush with the existing curb and gutter at each tie-in point.
g) Inferior workmanship or unprofessional construction methods resulting in unacceptable curb
and gutter will be cause for rejection of the finished work.
5.0 Utilities
a) The contractor shall be required to coordinate and manage any and all utility locates and/or
relocations within the scope of this project.
Page 4 of 6
6.0 Performance
a) All work performed shall be in accordance City of Milton Subdivision Construction Standards.
The contractor will adhere to all current State and Federal construction safety regulations,
including OSHA regulations, The Contractor will conform to MUTCD and the State of Georgia
Department of Transportation standards for traffic control. The Contractor must maintain a
safe work zone for their employees, pedestrians, and vehicular transportation, All work shall
be inspected and approved by the City of Milton Department of Public Works (MDPW).
7.0 Schedule
a) Project shall start within 1 week of date of award and be completed in satisfactory manner, as
deemed by MDPW, by September 30, 2010.
Page 5 of 6
8.0 Typical Details
Page 6 of 6
EXHIBIT -B"
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 "C." 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.
I Z!Z' ?---LO-
,FRV / Basic Pilot Program User Identification Number
BY: Authoj6�dd' Officer or Agent Date
Blount Construction Companbal
lec'
lJ. Cronauer
President
Title of Authorized Officer or Agent of Contractor
Dale J. Cronauer
President
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON T 1 THE
_DAY OF 12010
MUM UPOC"
Notary Publicr WrMyR"
COBE 00MGEM
My Commission Expires: WOOMWWWWORM250,2014
18
-EXHIBIT "C"
STATE OF GEORGIA
CITY OF MILTON
AFFIDA'V'IT
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 wch is engaged in the
Physical Performance of services under a contract with (name of contractorj onbehalf of the Cit
of Milton has registered with and is Participating in a federal work authorization program, in y
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 TfIE
- DAY OF ---------- ,2010
Notary Public�
MY Commission Expires:
19
Page 1 of 9
Prepared by the Community Development Department for the
Mayor and City Council Meeting October 4, 2010
(First Presentation)
PETITION NUMBER(S):
ZM10-03/VC10-02
PROPERTY INFORMATION
ADDRESS Deerfield Parkway (West Side – 514 feet of frontage)
DISTRICT, LAND LOT 2/2, 1113, 1114
OVERLAY DISTRICT State Route 9
EXISTING ZONING O-I (Office-Institutional) Z99-011, VC99-007, U99-008
ACRES 11.62
EXISTING USE Undeveloped
APPLICANT Global Payments, Inc
10 Glenlake Parkway
Atlanta, GA 30328
OWNER Crescent Resources, LLC
3500 Lenox Road, Suite 840
Atlanta, GA 30326
REPRESENTATIVE Harold Buckley, Jr.
Alston & Bird LLP
1201 W. Peachtree Street
Atlanta, GA 30309
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
ZM10-03 – APPROVAL CONDITIONAL OF CONDITION 2.a. AND TO DELETE CONDITION 3.b.
VC10-02 – APPROVAL CONDITIONAL
INTENT
To modify condition 2.a (99Z-011, 99U-008, 99VC-007) to replace the current conditional site plan, which
was marked received by the Fulton County Environment and Community Development on December
11, 1998 with a new site plan received by the City of Milton Community Development Department on
September 7, 2010. To delete zoning condition 3.b., Parking shall be shared with adjacent property
zoned C-1 (Community Business), pursuant to 99Z-012, currently zoned O-I (Office-Institutional) pursuant
to 2007Z-019. To request a concurrent variance to reduce the subject property’s minimum on-site parking
requirement from 122 spaces to 100 spaces (Section 64-1410).
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LOCATION MAP
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SITE PLAN SUBMITTED SEPTEMBER 7, 2010
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SITE PLAN DATED DECEMBER 11, 1998
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Subject Site from Deerfield Parkway
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(First Presentation)
SUBJECT SITE
The subject site is currently zoned O-I (Office Institutional) pursuant to Z99-011/U99-088/VC99-
007 which originally contained 11.62 acres which was approved for a 223,000 square foot
office with no more than 6 stories and 781 parking spaces. Since the time of the 1999 zoning
a portion of the property to the west was rezoned to C-1 (Community Business) pursuant to
Z00-009 to construct the Wal-Mart retail store. In addition, a small triangular parcel was
included in the legal description of RZ00-045 and again rezoned pursuant to RZ07-019 for O-I
(Office-Institutional). The applicant is including a porti on of the property on the northern
portion of the submitted revised site plan as it was a part of the existing zoning pursuant to
Z99-011/U00-008/VC99-007. The extra portion will not be purchased for the proposed
development. Prior to a Land Disturbance Permit, a minor subdivision plat will be required to
subdivide the parcel into the ultimate 8.5 acres to be developed by the applicant.
According to the applicant’s letter of intent, the development will include a 40,500 square
foot data center which will include 10,000 square feet of data center space, 10,000 square
feet of office space, 4,000 square feet of network monitoring operations, and 16,500 square
feet of data infrastructure storage and support space. The overall height will be for the rear
of the building will be 28 feet and the front portion with the offices will be approximately 19
feet. The development will also include an exterior loading dock for infrequent equipment
deliveries, and an exterior equipment yard that will accommodate air conditioning
equipment, electrical transformers and power generators. The equipment yard will be
enclosed by an 8-foot screening wall that is designed to be consistent in appearance with
the data center building. The facility, which will operate continuously on a 24-hour basis,
plans to employ up to 150 full time equivalent employees as follows:
Data Center Operations may be staffed with up to 120 monitoring operators
who will be divided into three shifts, with 40 employees per shift.
IT Administration may be staffed up to 30 employees who will work standard 8:00
a.m. to 5 p.m. office hours.
When the facility eventually reaches employment capacity, there may be up to 70
employees in the facility during peak shift periods. The data center will not be open to the
general public.
COMMUNITY ZONING INFORMATION MEETING – September 29, 2010
At the time of the writing of this report, the CZIM meeting had not taken place.
City Arborist
Most of the site, approximately 80-90% had been previously cut within the past 15 years.
Most of the trees within the center of this site were pine trees with a caliper around 12”.
More significant trees were located at the south property line with a be tter mix of species
and sizes. The western and northern portion of the property is somewhat dense with a mix of
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trees with larger caliper along the north. Some specimen trees are shown in this area. Much
of the northern area of property could be left in an undisturbed state. The proposed building
and parking area will not impact any streams or specimen trees.
STAFF ANALYSIS
To delete zoning condition 3.b., Parking shall be shared with adjacent property zoned C-1
(Community Business), pursuant to 99Z-012, currently zoned O-I (Office-Institutional) pursuant
to 2007Z-019.
The applicant is requesting to delete condition 3.b. that requires shared parking with the
property to the south, which is currently undeveloped. Based on the fact that the applicant
is requesting a reduction of parking on the subject site, there is not a need for additional
parking for the development. In addition, the site plan originally submitted for the 1999
rezoning contemplated a large office building and 781 parking space of which many were
located near the property to the south (99Z-012).
Staff notes that the revised site plan provides for future inter-parcel access along the south
property line which is required by the Public Works Department. This is based on the fact that
the parcel to the south is narrow and the location of the existing full access curb cut on
Deerfield Parkway is on the applicant’s property. This requirement will be reflected in the
Recommended Conditions.
It is Staff’s opinion that the deletion of condition 3.b. will not have an adverse effect on the
subject site or the parcel to the south . Therefore, Staff recommends APPROVAL to delete
zoning condition 3.b.
VC10-02 - To request a concurrent variance to reduce the subject property’s minimum on-
site parking requirement from 122 spaces to 100 spaces (Section 64-1410).
The Zoning Ordinance, Section 64-1410, requires 122 parking spaces (3 spaces per 1,000
square feet). Staff notes that this standard is for general office use and the City of Milton
Zoning Ordinance does not address parking standards for a data center specifically.
However, International Transportation Engineer’s Trip Generation Manual indicates that trips
are reduced by approximately one-third (1/3) from general office use compared to research
and development. It would therefore be reasonable to conclude that parking for those trips
would follow a similar pattern.
The proposed data center does not require the number of employees that is required for a
typical office use and the reduction of parking spaces increases the amount of
undeveloped/open area on the site. The reduction of parking spaces from 122 to 100 spaces
does not offend the spirit or intent of the zoning ordinance. Based on the fact that the zoning
ordinance does not address data centers specifically for parking requirements, and other
studies have shown similar trends makes the strict adherence to the minimum parking
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requirement unnecessary. By allowing the reduction parking spaces, the request does not
cause a substantial detriment to the public good and surrounding properties based on the
fact that more undeveloped/open space will be provided and assists in preserving
additional specimen trees thereby providing a more aesthetically pleasing environment to
the citizens of Milton. Lastly, by granting the reduction in parking spaces the public safety,
health and welfare would be secured and substantial justice is done.
Therefore, Staff recommends APPROVAL CONDITIONAL of VC10-02 to reduce the subject
property’s minimum on-site parking requirement from 122 spaces to 100 spaces (Section 64-
1410).
EXISTING Condition 2a. To the site plan received by the Department of Environment and
Community Development on December 11, 1998. Said site plan is conceptual only and must
meet or exceed the requirements of the Zoning 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 September 7, 2010. Said site plan is conceptual only and must
meet or exceed the requirements of the Zoning 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.
The applicant has submitted a revised site plan to the City of Milton Community
Development Department on September 7, 2010 to replace the existing site plan submitted
on December 11, 2010 pursuant to 99Z-011. The revised site plan contains a 40,500 square
foot building to be used as a data center and 100 parking spaces. The area to the north will
not be developed as the applicant will only utilize 8.5 acres of the original approved zoning.
A perennial stream is located at Deerfield Parkway and bisecting the new property line on
the north portion of the property. Staff notes that the applicant has shown the appropriate
state and City undisturbed stream buffer as well as the City’s 25-foot non-impervious setback.
There will not be any intrusion into these buffers as indicated on the site plan.
The revised site plan meets the development standards with the exception of the requested
reduction in parking for both the O-I (Office-Institutional) and Hwy 9 Overlay District
Standards. Therefore, Staff recommends APPROVAL CONDITIONAL of Condition 2.a. for the
revised site plan submitted on June 30, 2010.
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RECOMMENDED CONDITIONS
Should the Mayor and City Council approve this petition, the recommended conditions
(ZM10-03/VC10-02) 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 September 7, 2010. Said site plan is conceptual only and must meet
or exceed the requirements of the Zoning 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:
b. Parking shall be shared with adjacent property zoned C-1 (Community Business),
pursuant to 99Z-012.
c. Provide a minimum of 100 parking spaces. (VC10-02)
4. To the owner’s agreement to abide by the following requirements, dedications and
improvements:
e. Inter-parcel access is required on the south property line.
f. Applicant is required to meet with and coordinate driveway location with Milton
Public Works prior to submission of a Land Disturbance Plan.
g. Driveway entrance shall provide for the 95% queue with uninterrupted traffic flow
onto the main line for combined trips with parcel to the south (RZ07-019) as
approved by Milton Public Works.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON PETITION NO. ZM10-03/VC10-02
AN ORDINANCE TO MODIFY CONDITIONS OF A RESOLUTION BY THE FULTON
COUNTY BOARD OF COMMISSIONERS APPROVED PETITIONS Z99-011, U99-008, VC99-
007 ON JUNE 2, 1999 TO MODIFY CONDITIONS OF AN ORDINANCE BY THE CITY OF
MILTON MAYOR AND CITY COUNCIL ON OCTOBER 18, 2010, ZM10-03, PROPERTY
LOCATED ON DEERFIELD PARKWAY (WEST SIDE) IN LAND LOTS 1047, 1113 AND 1114
OF THE 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 11.62 ACRES.
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
October 18, 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 June 2, 1999, for petition Z99-011, U99-008, and VC99-007 that approved a zoning to O-I
(Office-Institutional) on Deerfield Parkway consisting of a total of approximately 11.62 acres, attached
hereto and made a part herein;
ALL THAT TRACT or parcel of land located in Land Lots 1047, 1113 and 1114 of the 2nd District 2nd
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 18th day of October 2010.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
CONDITIONS OF APPROVAL
ZM10-03/VC10-02
Deerfield Parkway (West Side)
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 September 7, 2010. Said site plan is conceptual
only and must meet or exceed the requirements of the Zoning 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:
b. Parking shall be shared with adjacent property zoned C-1 (Community
Business), pursuant to 99Z-012.
c. Provide a minimum of 100 parking spaces. (VC10-02)
4. To the owner’s agreement to abide by the following requirements, dedications
and improvements:
e. Inter-parcel access is required on the south property line.
f. Applicant is required to meet with and coordinate driveway location with
Milton Public Works prior to submission of a Land Disturbance Plan.
g. Driveway entrance shall provide for the 95% queue with uninterrupted traffic
flow onto the main line for combined trips with parcel to the south (RZ07-019)
as approved by Milton Public Works.
ZM10-03/VC10-02 REVISED SITE PLAN SUBMITTED SEPTEMBER 7, 2010
STATE OF GEORGIA ORDINANCE NUMBER ____________
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 58, UTILITIES,
OF THE CITY OF MILTON CODE OF ORDINANCES TO
ESTABLISH COMMERCIAL CAR WASH WATER
RECYCLYING REQUIREMENTS; TO REPEAL
CONFLICTING PROVISIONS; TO PROVIDE FOR
SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS while in regular session
on the _____ day of _____________, 2010 as follows:
SECTION 1. That this Ordinance relating to amending Chapter 58, Utilities, of the City
of Milton Code of Ordinances is hereby adopted and approved as follows:
Section 58-175. - Definitions
The following words and phrases, whenever used in this ordinance,
have the meaning defined in this section:
In-bay automatic car wash means a commercial car wash where the
driver pulls into the bay and parks the car. The vehicle remains stationary
while a machine moves back and forth over the vehicle to clean it, instead of
the vehicle moving through the tunnel.
Conveyor car wash means a commercial car wash where the car
moves on a conveyor belt during the wash. The driver of the vehicle can
remain in the vehicle or wait outside of the vehicle.
Recycled water system means a water system that captures and reuses
water, regardless of the source, previously used in wash or rinse cycles.
Self-service car wash means a commercial car wash where the
customers wash their cars themselves with spray wands and brushes.
Section 58-176. - Purpose and Intent
The purpose of this ordinance is to reduce water consumption from
commercial car wash facilities by requiring all new in-bay and conveyor car
washes to install operational recycled water systems.
Section 58-177. - Applicability
This ordinance applies to all new in-bay automatic car washes and
conveyor car washes permitted and constructed after January 1, 2011. The
provisions of this ordinance do not apply to in-bay car washes and conveyor
commercial car washes that were permitted or constructed before January 1,
2011. The provisions of this ordinance do not apply to self-service car
washes.
Section 58-178. - Commercial Car Wash Water Recycling Requirement
All new in-bay automatic car washes and conveyor car washes,
permitted and constructed after January 1, 2011 must install operational
recycled water systems.
SECTION 2. That this Ordinance shall be designated as Article IV, Car Wash Water
Recycling, of Chapter 58, Utilities, of the City of Milton Code of Ordinances.
SECTION 3. That Sections 156 through 174 of Subdivision III, Prohibited Discharges,
Inspections and Notifications; Division II, Illicit Discharge and Illegal Connection; Article III,
Sewer; Chapter 58, Utilities, of the City of Milton Code of Ordinances be hereby reserved.
SECTION 4. That all Ordinances, parts of Ordinances, or regulations in conflict
herewith are hereby repealed.
SECTION 5. It is the express intent of the Council of the City of Milton that this
Ordinance be consistent with both federal and State law. If any provision of this Ordinance or the
application thereof to any person or circumstances is held invalid, such invalidity shall not affect
other provisions or applications of the Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared severable.
SECTION 6. That this Ordinance shall become effective upon its adoption.
ORDAINED this the _____ day of ______________, 2010.
Approved:
______________________________
Joe Lockwood, Mayor
Attest:
__________________________
City Clerk
(Seal)
STATE OF GEORGIA ORDINANCE NUMBER ____________
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 62, VEHICLES FOR HIRE, ARTICLE II,
TAXICABS, OF THE CITY OF MILTON CODE OF ORDINANCES
BE IT ORDAINED, by the City Council of the City of Milton, Georgia while in a Regular called
Council meeting on the ___ day of _____________, 2010 at 6 p.m. as follows:
SECTION 1. That this Ordinance relating to amending Chapter 62 Vehicles for Hire, Article
II, Taxicabs, of the City of Milton Code of Ordinances is hereby adopted and approved as follows:
Chapter 62 Vehicles for Hire, Article II, Taxicabs, of the City of Milton Code of Ordinances is
hereby revised in its entirety to read as follows:
Sec. 62-19. Defined Terms.
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a different
meaning:
Driver means any person holding a current, valid Driver Permit issued by the City and who
drives a Taxicab operated by an Operator. A Driver may also be an Operator.
Driver Permit means a Driver Permit issued by the City to a Driver pursuant to this Article.
Operator means any person or entity operating a business with an office located within the
corporate limits of the City of Milton and providing to the public the services of one (1) or
more Taxicabs. A natural person who is an Operator may also be a Driver.
Taxicab means any motor vehicle used in the business of transporting passengers for
compensation and not having a fixed route or routes. The term “Taxicab” does not include
limousine carriers as contemplated by O.C.G.A. § 46-7-85.11.
Taxicab Permit means a Taxicab Permit issued by the City to an Operator pursuant to this
Article.
Taximeter means a device that automatically calculates, at a predetermined rate, and
indicates the charge for hire of a Taxicab.
Sec. 62-20. Operators – Certificate of Public Necessity and Convenience, Occupation
Tax; Regulations.
(a) As contemplated by O.C.G.A. § 36-60-25, all Operators, prior to operating any Taxicab
within the City or allowing any Driver to operate a Taxicab within the City, shall apply
for and obtain from the City: 1) a Certificate of Public Necessity and Convenience; and
2) an occupation tax certificate procured from the City Community Development
Department. Operators shall be subject to the City occupation tax provisions contained
in Chapter 12, Article 2 of the Milton Code.
(b) Applications for Certificates of Public Necessity shall be submitted to the City Police
Department. Applications shall be on the form provided by the City and additionally
shall include, at a minimum:
(1) A detailed description of the equipment and Taxicabs to be used in the Operator’s
business and the names of all Drivers and employees thereof; and
(2) The address and telephone number of the Operator’s office.
(c) The following minimum criteria must be met by the applicant prior to the issuance of a
Certificate of Public Necessity and Convenience or annual renewal thereof:
(1) Establishment and maintenance of an office in a commercially zoned area of the
City.
(2) Submission of a copy of the Operator’s current lease or proof of ownership
regarding the Operator’s office.
(3) Establishment and maintenance of a publicly listed telephone number for the
Operator’s office.
(4) Maintenance on file with the City of the name, home address and home phone
number of each current Driver of all Operator Taxicabs.
(5) Maintenance of lawful off-street parking capable of accommodating all Operator
Taxicabs.
(6) Maintenance of a file, for each Taxicab, evidencing compliance with the
requirements of Sec. 62-21 below.
(7) Possession of, and providing the City Police Department a copy of, a current policy
of indemnity insurance with an insurance company active with the office of the
Georgia Insurance and Fire Safety Commissioner, which policy shall comply with
Section 62-21(b)(1) below and shall have, at a minimum, the following limits for
each Operator Taxicab:
A. For bodily injury or death to each person: $50,000.00;
B. For bodily injury or death to all persons sustained in any one (1) accident:
$50,000.00; and
C. For injury to or destruction of personal property in any one (1) accident:
$25,000.00.
Such policy shall be conditioned to protect the public against injury or damage
proximately caused by the negligence or willful act of the Operator and any and all
Driver(s) operating an Operator Taxicab(s).
Sec. 62-21. Taxicabs - Permits; Regulations.
(a) No Operator Taxicab shall be operated in the City unless such Taxicab has a current,
valid, City-issued Taxicab Permit decal affixed in a conspicuous location on the rear of
the Taxicab.
(b) Applications for Taxicab Permits shall be made to the City Police Department and shall
include, at a minimum, the following:
(1) A copy of a valid six-month auto insurance policy meeting State minimum
requirements and the requirements of Section 62-20(c)(7) above for each Taxicab.
(2) A copy of a certificate of inspection for each Taxicab completed on the form
provided by the City Police Department and issued by a National Institute for
Automotive Service Excellence certified mechanic, which certificate shall be
located inside the Taxicab at all times. The certificate must be renewed every six
(6) months for each Taxicab.
(c) No Taxicab Permit shall be issued for any Taxicab with a model year more than six (6)
years old.
(d) No Taxicab Permit shall be issued for any Taxicab having less than three (3) doors,
excluding the Driver’s door, for loading and unloading of passengers.
(e) No Taxicab Permit shall be issued unless the Taxicab shall be equipped with a
Taximeter meeting the requirements of this subsection. Taximeters shall only calculate
fares on the basis of mileage, not time. Taximeters shall be fastened in front of the
passenger’s seat and be visible to the passenger at all times. After sundown, the face of
the Taximeter shall be illuminated. The Taximeter shall be operated mechanically by a
mechanism of standard design and construction, driven either from the transmission or
from one (1) of the front wheels by a flexible and permanently attached driving
mechanism. The Taximeter shall be sealed at all points and connections which, if
manipulated, would affect its correct reading and recording.
(f) No Taxicab Permit shall be issued for any Taxicab that does not have a dry
compartment for the secure storage of passengers’ luggage, which compartment shall be
separate and apart from the passenger area. For the purposes of this subsection, the
term “passenger area” shall be defined as the area designed to seat the Operator and
passengers while the Taxicab is in operation and any area that is readily accessible to
the Operator or a passenger while in his or her seating position; provided, however, that
such term, in a Taxicab not equipped with a trunk, does not include any area behind the
rearmost upright seat or not normally occupied by the Operator or passengers.
(g) No Taxicab Permit shall be issued for any Taxicab that does not bear on the outside
thereof (use of magnetically affixed equipment/information is expressly prohibited):
(1) The Taxicab Permit decal required by this Section.
(2) Fare information in compliance with Section 62-23 below.
(3) The name and business telephone number of the Operator, which must be
conspicuously displayed and permanently affixed to the Taxicab.
(4) A toplight on the roof which must be at least six (6) inches in height permanently
affixed to the roof and bearing the term “taxi” or the Operator name.
(h) Operators and Drivers shall ensure that Taxicabs are maintained in a clean condition,
free from foreign matter, trash, dirt and/or offensive odors.
(i) The City Police Department may conduct random inspections of Operator Taxicabs to
ensure the safety and welfare of the public and/or their compliance with this Article.
Sec. 62-22. Drivers - Permits; Regulations.
(a) No person shall operate an Operator Taxicab in the City without a City issued Driver
Permit on his or her person at all times while operating such Taxicab. No Driver Permit
shall be issued to any person unless such person shall:
(1) Be in possession of a current, valid “Class C” Georgia driver’s license;
(2) Be competent to operate a motor vehicle;
(3) Be familiar with the traffic laws and ordinances of the State of Georgia and the City
of Milton; and
(4) Provide authorization and any information necessary to enable the City Police
Department to investigate the person’s background, criminal history, and traffic
record.
(b) Drivers and Operators shall at all times be responsible for ensuring that the following
information is conspicuously located within the cabin of the Taxicab:
(1) A map or street guide of, at a minimum, the north metro Atlanta area, including the
entire City of Milton, which map or street guide may be in electronic form.
(2) The name and photograph of the Driver.
(3) A schedule of fares.
(c) No person shall operate a Taxicab in the City or be issued a Driver Permit if such
person has been convicted of or has pled guilty or nolo contendere to three (3) or more
moving traffic violations in the preceding 12-month period.
(d) No person shall operate a Taxicab in the City or be issued a Driver Permit if such
person has, within the past ten (10) years, been convicted of or has pled guilty or nolo
contendere to any of the following:
(1) Any sexual offense as set out in O.C.G.A. Title 16, Chapter 6.
(2) Driving under the influence of alcohol or drugs.
(3) Any violation for driving with an open container of alcohol.
(4) Any offense involving the Georgia Lottery.
(5) Illegal possession or sale of drugs or alcohol.
(6) Possession or receipt of stolen property.
(7) Any act involving violence.
(8) The violation of any law involving moral turpitude.
(9) The violation of any statute or ordinance regarding alcoholic beverages.
(10) Any offense of causing death by vehicle.
(e) No Driver shall refuse to accept a customer solely on the basis of race, color, national
origin, religious belief, or gender. Drivers shall not refuse to accept a customer unless
the customer is intoxicated, when such condition is made manifest by boisterousness, by
indecent condition or act, or by vulgar, profane, loud, or unbecoming language, or is
armed or otherwise obviously a danger to the personal safety of the Driver or other
customers.
(f) No Driver shall transport passengers numbering greater than the maximum number of
persons specified for a Taxicab by the Taxicab’s manufacturer.
Sec. 62-23. Fares.
Operators shall ensure that all Taxicabs have posted conspicuously on the outside of each
Taxicab a schedule of fares. Taximeters must be operational, turned on and in use for each
fare. Fares shall only be calculated based upon mileage, not time. Log sheets of each fare
are to be kept and made available to the City upon request. Operators shall charge, for all
Taxicabs, uniform fares to all customers. No Operator shall charge any minimum fare in
excess of $6.00. No change of a fare schedule by any Operator shall take effect until after
the Operator provides at least fifteen (15) days prior written notice of such schedule change
to the City Police Department.
Sec. 62-24. Certificate/Permit Fees, Duration.
Annual fees for Certificates of Public Necessity, Driver Permits, and Taxicab Permits shall
be as set forth in Appendix “A,” Fees and Other Charges, to the Milton Code. Annual
renewal fees and applications are due to the City Police Department no later than March 31
of each year. All Certificates of Public Necessity, Driver Permits, and Taxicab Permits shall
be issued for no more than a one (1) year term and shall expire on April 5 of each year.
Fees shall not be prorated. All Operators and Drivers shall comply with the
citizenship/alien status requirements of O.C.G.A. § 50-36-1.
Sec. 62-25. Operators Responsible for Violations by Drivers.
To the extent permitted by law, Operators shall be responsible for, and subject to citations
for, violations of this Article by Drivers of their Taxicabs, regardless of whether such
Drivers are direct employees or independent contractors of the Operator.
Sec. 62-26. Denials; Suspension or Revocation; Hearing.
(a) Application denials. Applications for a Certificate of Public Necessity and
Convenience, Driver Permit, or Taxicab Permit (including annual renewals of same)
shall be denied by the City Police Department for failure to comply with any
requirement of this Article. In the event that an application for a Certificate of Public
Necessity and Convenience, Driver Permit, or Taxicab Permit is denied, the City Police
Department shall provide the applicant with written notice of the denial. The notice of
denial shall include the grounds for and date of the denial and shall be mailed to the
applicant, at the address listed by the applicant on the application, on the date of denial
by United States regular mail. The applicant, within fifteen (15) days of the date of the
notice of denial, may make a written request to the City Manager for a hearing before
the Mayor and City Council for a review of such denial, and the City Manager shall
schedule the hearing for the next available regular meeting, after the notice period
required by subsection (d) below, of the Mayor and City Council.
(b) Suspension/revocation for violations of City regulations. Each Certificate of Public
Necessity and Convenience, Driver Permit, or Taxicab Permit granted hereunder shall
be subject to suspension or revocation for violation of any provision of this Article.
Suspensions may be with or without conditions and shall not exceed six (6) months in
duration.
(c) City Manager review of suspension/revocation. Whenever the City Police Department
determines there is cause to suspend or revoke a Certificate of Public Necessity and
Convenience, Driver Permit, or Taxicab Permit issued hereunder, the City Police
Department shall notify the City Manager of such cause. If the City Manager, after
review of the matter, determines that cause indeed exists for the matter to be brought
before the Mayor and City Council, the City Manager shall give the Operator/Driver
notice of a hearing before the Mayor and City Council as provided in subsection (d)
below.
(d) Notice of hearing; contents. The City Manager shall provide to the applicant, in the
case of a denial, or holder of the suspended or revoked Certificate of Public Necessity
and Convenience, Driver Permit, or Taxicab Permit at least ten (10) days' prior written
notice, by United States regular mail, of the hearing for the Mayor and City Council to
consider the denial or whether to suspend or revoke the Certificate of Public Necessity
and Convenience, Driver Permit, or Taxicab Permit. The ten-day written notice shall
include, at a minimum, the following information:
(1) The time, date, place, and purpose of such hearing; and
(2) In the case of a suspension/revocation, a statement of the charges upon which such
hearing will be held.
(e) Hearing. After the City Manager makes a recommendation to the Mayor and City
Council regarding a denial, or to suspend or revoke a license issued hereunder, the
Mayor and City Council will conduct a hearing to receive and consider evidence
relevant to the matter at hand. The Mayor and the Council members will have the right
to ask questions at any time during the hearing.
(1) At the hearing, the City Manager or his or her designee proceeds first and presents
all evidence and arguments in support of the recommendation to deny the
application, or to suspend or revoke the Certificate of Public Necessity and
Convenience, Driver Permit, or Taxicab Permit issued hereunder.
(2) After the City Manager makes his or her presentation, the applicant for or holder of
the Certificate of Public Necessity and Convenience, Driver Permit, or Taxicab
Permit or their legal counsel may present evidence and arguments as to why the
application should be granted or the Certificate of Public Necessity and
Convenience, Driver Permit, or Taxicab Permit issued hereunder should not be
suspended or revoked.
(f) Grounds. After the hearing, the Mayor and City Council may uphold a denial, or
suspend or revoke the Certificate of Public Necessity and Convenience, Driver Permit,
or Taxicab Permit issued hereunder, if any of the grounds set forth in this subsection
below exists:
(1) The original Certificate of Public Necessity and Convenience, Driver Permit, or
Taxicab Permit application, or any renewal application, contained materially false
information, or the applicant deliberately sought to falsify information contained
therein;
(2) Regarding a denial, the application or applicant failed to meet any of the
requirements of this Article.
(3) Failure to pay any fees, taxes or other charges imposed by the provisions of this
Article, the Milton Code, or state or federal law;
(4) Failure to maintain all of the general qualifications applicable to the initial issuance
of a Certificate of Public Necessity and Convenience, Driver Permit, or Taxicab
Permit under this Article;
(5) Conviction of, or a guilty or nolo contendere plea to, three (3) or more moving
traffic violations in any 12-month period;
(6) Refusing to accept a customer solely on the basis of race, color, national origin,
religious belief, or gender in violation of Section 62-22(e) above;
(7) Allowing any required insurance coverage under this Article to lapse;
(8) Operating or allowing a Driver to operate a Taxicab in the City in violation of any
provision of this Article;
(9) The Operator, Taxicab or Driver is a threat or nuisance to the public health, safety
or welfare;
(10) Not transporting a customer to his destination by the most direct route as is
reasonable under the applicable circumstances; or
(11) Any violation of any provision of this Article.
(g) Decision. The Mayor and City Council shall render a decision by majority vote of a
quorum upon the conclusion of the hearing. The decision of the Mayor and City
Council, including the reason(s) for the upholding of an application denial, or
suspension or revocation, regarding a Certificate of Public Necessity and Convenience,
Driver Permit, or Taxicab Permit, shall be transmitted in writing by United States mail
to the applicant for or holder of the Certificate of Public Necessity and Convenience,
Driver Permit, or Taxicab Permit.
(h) Appeals. The upholding by the Mayor and City Council of the denial of an application,
or the suspension or revocation of a Certificate of Public Necessity and Convenience,
Driver Permit, or Taxicab Permit, shall be final unless the applicant for or holder of the
Certificate of Public Necessity and Convenience, Driver Permit, or Taxicab Permit files
a petition for writ of certiorari with the superior court of Fulton County within 30 days
of the date of the decision of the Mayor and City Council.
Sec. 62-27. Violations; Penalty.
It shall be unlawful for any person to violate or fail to comply with any provision of this
Article. Violations of this Article shall be punishable as provided for in Section 1-5 of the
Milton Code.
All other portions of Chapter 62 Vehicles for Hire, of the City of Milton Code of Ordinances shall
remain undisturbed and are hereby reaffirmed.
SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are
hereby repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the _____ day of ______________, 2010.
Approved:
______________________________
Joe Lockwood, Mayor
Attest:
__________________________
City Clerk
(Seal)