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08-01-11 Packet
Page 1 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Joe Longoria Alan Tart Monday, August 1, 2011 Regular Council Meeting Agenda 6:00 PM INVOCATION - Chaplain Remco Brommet, 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. 11- 156) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the June 13, 2011 Work Session Minutes. (Agenda Item No. 11- 157) (Sudie Gordon, City Clerk) 2. Approval of the June 20, 2011 Regular Meeting Minutes. (Agenda Item No. 11- 158) (Sudie Gordon, City Clerk) 3. Approval of the July 6, 2011 Regular Meeting Minutes. (Agenda Item No. 11- 159) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR MEETING AGENDA AUGUST 1, 2011 Page 2 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 4. Approval of a Facility Use Agreement between the City of Milton and Fulton County Board of Education for the Use of Northwestern Middle School. (Agenda Item No. 11- 160) (Tom Gilliam, Program Coordinator, Parks and Recreation Department) 5. Approval of a Construction Services Agreement between the City of Milton and Cook Construction Services, Inc. for the Headwall Repair in the Shadowood Farms Subdivision in the Amount of $11,950.00. (Agenda Item No. 11- 161) (Carter Lucas, Public Works Director) 6. Approval of a Construction Services Agreement between the City of Milton and Blount Construction Company, Inc. for the FY11 Reconstruction & Resurfacing Projects (Thompson Road, Freemanville Road, Webb Road & New Bullpen Road). (Agenda Item No. 11- 162) (Carter Lucas, Public Works Director) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION 1. An Ordinance of The Mayor and Council of the City of Milton, Georgia, to Fix The Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2011; and for Other Purposes. (Agenda Item No. 11- 163) (Stacey Inglis, Finance Director) 2. RZ11-14/VC11-03 – 14375 Providence Road by Segars & Snidow, LLC from C- 1 (Community Business) and AG-1 (Agricultural) to C-1 (Community Business) and AG-1 (Agricultural) for an Existing Building for a Total of 3,085 Square Feet and a Three Part Concurrent Variance to Reduce the 50 Foot Buffer and 10 Foot Improvement Setback Along the West, North, and East Property Lines to 0 Feet, 0 Feet and 20 Feet Respectively [Sec. 64-1141 3.a.]. (Agenda Item No. 11- 164) (Tom Wilson, Interim Community Development Director) MILTON CITY COUNCIL REGULAR MEETING AGENDA AUGUST 1, 2011 Page 3 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3. ZM11-02 – 170 Cox Road by Wall to Wall Soccer Centers to Modify the Following Conditions of U86-64. Condition 1.a. as follows: Two Recreational Soccer Fields, Six Mini-Soccer Fields, a 1950 Square Foot Clubhouse and a 2500 Square Foot Storage Building Including Restroom Facilities; to Modify Condition 2.a. to Modify the Site Plan Submitted to the Community Development Department on July 5, 2011; to Modify Condition 3.g. as Follows: Limit the Free- Standing Project Identification Signage on the Entire Property to No More Than One Unlighted, Double-Faced Monument Sign Adjacent to Arnold Mill Road or Cox Road, Having No More than 32 Square Feet Per Face and Further Not to Exceed 6 Feet from Finished Grade Measured from the Base of the Sign Structure. (Agenda Item No. 11- 165) (Tom Wilson, Interim Community Development Director) 4. RZ11-15 – Text Amendment to Amend Chapter 64, Article VII, Division 5 (State Route 9 Overlay District) as it Pertains to Outdoor Amenity Areas. (Agenda Item No. 11- 166) (Tom Wilson, Interim Community Development Director) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. Approval of an Amendment to the Alcohol Ordinance to Include Provisions to Allow “Brown-Bagging.” (Agenda Item No. 11-132) (First Presentations at June 20 & July 18, 2011 Regular Council Meeting) (Deborah Harrell, Chief of Police) 2. Approval of an Ordinance to Amend Chapter 11, Business Occupation Tax, Licenses, and Regulation, of the City of Milton Code of Ordinances to Modify the Annual License Fee Levied on Insurers; to Provide for the Repeal of Conflicting Ordinances; to Provide an Effective Date; and for Other Lawful Purposes. (Agenda Item No. 11- 154) (First Presentation at July 18, 2011 Regular Council Meeting) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL REGULAR MEETING AGENDA AUGUST 1, 2011 Page 4 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 11) NEW BUSINESS 1. A Resolution by The Mayor and Council of The City of Milton, Georgia Adopting A Prepaid Wireless 9-1-1 Charge. (Agenda Item No. 11-167) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 11- 168) The minutes will be Provided electronically FULTON COUNTY PUBLIC SCHOOLS USE AGREEMENT/APPLICATION FOR USE OF SCHOOL FACILITIES Application must be filed in the Rental Office not less than 10 working days before intended use. All information must be furnished before the application can be processed. Fees must be paid three working days prior to scheduled event. Make check or money order payable to Fulton County Board of Education. 1. Name of Organization 17" / 2. Responsible Representative C l t, tit t114i. gg Print narne of authorized agent/representative M Title Address ! r3oGo ����lr=�r.'� l �if� �L✓ 1t, �v�7r�y 7� /r l/ l.t `.v UtJi � uyl Phone (W) ?` ?_4 ^ '� i t�_ (H) Fax 3. School Requested (name) i ' u'r .�',y-f -V uot-C Type of Activity/Purpose ct?f >�tl ,' fvUb' l .�y �j � �% .S 4. Date (s) a�d Time Requested i4fri uy-fy� ' i"l, `+� �� tLi � Ct a.m• p.m UNTIL a.m. p.m. Areas to be Leased 5. Number of persons expected to attend /nd 6. Organization's Policy Number i t t.F ' Policy Limit (minimum $1 million coverage) Auto Liability Coverage (minimum $500,000 coverage) $ Worker's Compensation, if applicable $ 7. Do you want to charge an admission fee&es, in what amount? Adult $ Child $ Other $ NOTE: Prior approval of Rental Office is required in order to charge admission. 8. Will this activity be afundraiser? /V L If yes, trust be section 501 C (3) tax exempt organization and must attach copy of IRS determination letter to application. 9. Do you want to serve refreshments? n/ L, NOTE: Prior approval of the Rental Office is required in order to serve refreshments. Food and beverages are not allowed in school buildings except in the cafeteria. A clean -tip fee/deposit may be charged if food and/or beverages are served. 10. Tile Organization's Representative(s) has/have read and agrees to the facility use terms and conditions on the back of this agreement. Initial / 11. Specifically for "AFTER SCHOOL ENRICHMENT PROGRAMS" - Custodial fees are waived between the hours of 2:30 p.m. and 6 p.m. FEE SCHEDULE OTHER NOT - FOR - PROFIT YOUTH LEASED AREAS Mark Leased Area with X Minimum Fee (2 hours) Hourly Rate above Minimum Gymnasium, Elementary School $12.00 $32.00 $16.00 Gymnasium, Middle School $16.00 $46.00 $23.00 Gymnasium, High School AOxiliary $8.00 $32.00 $16.00 Gymnasium, High School Main $12.00 $62.00 $31.00 PE lvlulti-Purpose Room $16.00 $32.00 $16.00 Cafeteria, Elementary $12.00 $32.00 $16.00 Cafeteria, Middle School $4.00 $46.00 $23.00 Cafeteria, High School $4.00 $46.00 $23.00 Kitchen(staff fee also required) $13.00 $46.00 $23.00 Theater/Auditorium $8.00 $62.00 $31.00 Media Center, Elementary School $4.00 $32.00 $16.00 Media Center, MS or HS $46.00 $23.00 Classroom $16.00 $8.00 Concession Stands $16.00 $8.00 Non -Stadium Field, no light use $24.00 $12.00 Non -Stadium Field Lighting adder $16.00 $8.00 Stadium Field, no light use $32.00 $16.00 Stadium Lighting adder $52.00 $26.00 Track, Asphalt MS, ES $16.00 $8.00 Track, High School $32.00 $16.00 Tennis Court (per Court) $8.00 $4.00 Parkin Lot $16.00 $8.00 Teaching Museum $62.00 Minimum Fee (2 hours) Hourly Rate above Minimum $16.00 $8.00 $24.00 $12.00 $16.00 $8.00 $32.00 $16.00 $16.00 $8.00 $16.00 $8.00 $24.00 $12.00 $24.00 $12.00 $24.00 $12.00 $32.00 $16.00 $16.00 $8.00 $24.00 $12.00 $8.00 $4.00 $8.00 $4.00 $12.00 $6.00 $8.00 $4.00 $16.00 $8.00 $26.00 $13.00 $8.00 $4.00 $16.00 $8.00 $4.00 $2.00 $8.00 $4.00 $32.00 $16.00 STAFFING FEE (TO BE DETERMINED BY PRINCIPAL) -when additional staffing is necessary and/or required including setup and cleanup. To be Completed by School: Custodial Time required' Yes No _ Custodial Time = $35 per hour (includes fringe benefits). Total Custodial Costs = Hours %vorked Vx S35 Hr = S Technician (for Thea-trei S23 per hou- :r.:,-udes f-in-ge benef!ts) S curin Personnel S40 per hour (includes fringe benefits). ADDITIONAL CHARGES ma\ be z7 7... .< :. , c .:::ermined b\ the Rental Office in consultation \lith Principal on a case -b} -case basis) such as deposit, _ -se. aiid mamter.--- ..e ... - rj School Bathroom Products utilized (paper to\\els, toilet tissue, soap, etc). Total Bathroom Products Fee S CHARGE FOR USE: Facility Fees $ f + Staffing Fees $ ii + Additional Charges $ = TOTAL CHARGES $ -.i_ I .. 1n 1 n_,:..../n a...:..:... -...:..T -T/ _ /I"- ,.F c..1.....1 C.,..:1:>:...-\ --A ll.o ..o....:ro.ro.+ln f... ..c>rc nF c.�t.nnl ka. lit.uc licla/1 Organization's Policy Number 1111- - i J Policy Limit (minimum $1 million coverage) $ r J V __ J .. Auto Liability Coverage (minimum $500,000 coverage)�T $ r,: ,Z e tam_. Worker's Compensation, if applicable $ Do you want to charge an admission feeWyes, in what amount? Adult $ Child $ Other $ NOTE: Prior approval of Rental Office is required in order to charge admission. Will this activity be a fundraiser? /� L� If yes, must be section 501 C (3) tax exempt organization and must attach copy of IRS determination letter to application. Do you want to serve refreshments? & L, NOTE: Prior approval of the Rental Office is required in order to serve refreshments. Food and beverages are not allowed in school buildings except in the cafeteria. A clean-up fee/deposit may be charged if food and/or beverages are served. -r-- The Organization's Representative(s) has/have read and agrees to the facility use terms and conditions on the back of this agreement. Initial / Specifically for "AFTER SCHOOL ENRICHMENT PROGRAMS" - Custodial fees are waived between the hours of 2:30 p.m. and 6 p.m. FEESCHEDULE OTHER NOT-FOR-PROFIT YOUTH LEASED AREAS Mark Leased Area with X Minimum Fee (2 hours) Hourly Rate above Minimum Gymnasium, Elements School $12.00 $32.00 $16.00 Gymnasium, Middle School $16.00 $46.00 $23.00 Gymnasium, High School Ai1xiliary $8.00 1 $32.00 $16.00 Gymnasium, High School Main $12.00 $62.00 $31.00 PE Multi -Purpose Room $16.00 $32.00 $16.00 Cafeteria, Elementary $12.00 $32.00 $16.00 Cafeteria, Middle School $4.00 $46.00 $23.00 Cafeteria, High School $4.00 $46.00 $23.00 Kitchen(staff fee also required) $13.00 $46.00 $23.00 Theater/Auditorium $8A0 $62.00 $31.00 Media Center, Elementary School $4.00 $32.00 $16.00 Media Center, MS or HS $46.00 $23.00 Classroom $16.00 $8.00 Concession Stands $16.00 $8.00 Non -Stadium Field, no light use $24.00 $12.00 Non -Stadium Field Lighting adder $16.00 $8.00 Stadium Field, no Ii ht use $32.00 $16.00 Stadium Lighting adder $52.00 $26.00 Track, Asphalt MS, ES $16.00 $8.00 Track High School $32.00 $16.00 Tennis Court (per Court) $8.00 $4.00 Parkin Lot $16.00 $8.00 Teaching Museum $62.00 $31.00 Minimum Fee (2 hours) Hourly Rate above Minimum $16.00 $8.00 $24.00 $12.00 $16.00 $8.00 $32.00 $16.00 $16.00 $8.00 $16.00 $8.00 $24.00 $12.00 $24.00 $12.00 $24.00 $12.00 $32.00 $16.00 $16.00 $8.00 $24.00 $12.00 $8.00 $4.00 $8.00 $4.00 $12.00 $6.00 $8.00 $4.00 $16.00 $8.00 $26.00 $13.00 $8.00 $4.00 $16.00 $8A0 $4.00 $2.00 $8.00 $4.00 $32.00 $16.00 STAFFING FEE (TO BE DETERMINED BY PRINCIPAL) - when additional staffing is necessary and/or required including setup and cleanup. To be Completed by School: Custodial Time required? Yes No Custodial Time = 35 per hour (includes fringe benefits). Total Custodial Costs = Hours worked x 35/Hr = $ Technician (for Theatre) $28 per hour (inc odes fringe benefits). r Security Personnel 40 per hour (includes fringe benefits). ADDITIONAL CHARGES may be applicable (to be determined by the Rental Office in consultation with Principal on a case-by-case basis) such as deposit, extraordinary utility use, and maintenance charge. School Bathroom Products utilized (paper towels, toilet tissue, soap, etc). Total Bathroom Products Fee S r CHARGE FOR USE: Facility Fees $ _ + Staffing Fees $_+ Additional Charges $1 = TOTAL CIIARGES $ The undersigned agrees to abide by current FCBE Policy/Administrative Procedure KG (Use of School Facilities) and the requirements for users of seho I facilities listed above and on the reverse side of this application form. The undersigned shall be financially responsible for any and all claim of loss, injury or damage to person or property resulting from the organization's use of School property and shall indemnify the School Board and its employees and agents against any liability resulting from the organization's use of School Board property. The undersigned further agrees to pay all applicable fees at least three working days prior to use. T1 w}de�si ecl hereby covenants and agrees to hold harmless as a result of any damage or injury to the school facilities and to indemnify FCBE against any liability wltat'Q' 'er sulfing from the use of the premises by the undersigned, whether servants or agents or independent contractors guest or otherwise. The undersigned does not ii ert to nd does not hereby create any right of remedy in any third person. (Y7 C;114 Orewli tgtion �epresertative's Signature Date Princ al's Sig to f ^ n n� Date Reason for Denial: (If Applicable) *Time Conflict *Unsatisfactory previous experience w/group _ *No employee available for security, custodial, etc. * Purpose use incompatible with facility Make check payable to Fulton County Board of Education in the amount of $ per (check one) _Day; Week; Month; Year ulton County Schools Where Students Come First BOARD OF EDUCATION Rules Governing Use of Facilities by Outside Organizations Outside Organizations shall follow these additional rules governing use of school facilities 1. An outside organization shall not restrict participation in an activity or event taking place at a school facility because of an individual's race, religion, creed, sex, national origin or disability. 2. A school custodian, and/or other System employee as designated by the principal, must be present during the activity or event. School employees are not permitted to give their building keys to an outside organization. 3, General Liability Insurance in the amount of $1 million (minimum) combined single limit coverage is required. $500,000 (minimum) Auto Liability coverage is required. Worker's Compensation coverage is required, if applicable. A Certificate of Insurance most be provided at the time the contract is signed. Fulton County Board of Education must be listed as an "Additional Insured" on the policy. Bouleva ia 349. Check uld ade payable to 4 Lease fees are to be paid in advance to the Rental ULTON COUNTY BOARD OF EDUCATION. Facilit es will notbe available un i payment and tile p, College Park, roper0documents are nreceivednby this office. 5. Signs, banners, permits, etc., may not be erected on school property unless the permission of the Principal or designee is obtained in advance and only if such displays do not deface school property. 6. Adequate supervision, as approved by the Principal, must be present for activities involving children. 7. Parking is permitted only in designated areas. g. The number of attendees may not exceed the number authorized and must be in compliance with local fire codes. 9. Approved users and their participants must stay in their assigned area at all times. Entry into other areas of the facility will be considered trespassing. 10. Any use of a facility beyond the time specified in their use agreement is subject to additional fees charged in quarter hour increments. 11, All activities must be orderly and lawful, and must comply with all federal, state and local laws. 12. Use of lighted athletic fields must end by 10:00 p.m. 13. Overnight use (sleepovers) of school facilities is permitted only with the explicit permission of the Principal and written approval from the Fire Marshall. 14. Food and beverages are allowed inside of eafetoritnn only. Request for authorization must be made in the application and approved in the use agreement. The organization is responsible for cleanup for all areas used. 15. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or on school property. 16. The use of tobacco products is prohibited in school facilities and on school property. tions are: PE ttgttcenters, lots, gymnasiums,facilities, fsat,tkitchens 17. School facilities that labaruebyOutide oraconference (System cafeteria staff a must fields, athletic fields. Request auditoriums, theaters, concession ineu roans, and common areas will be considered on a case-by-case basis by the Rental Office, in consultation with the school Principal. Use of System personae may be required at the Principal's option. Classrooms, laboratories and stadiums are available under special arrangement only, approved on a case-by-case basis. p fee will be charged. Requests to use public address systems or audio visual 18. Outside organizations may use tables and chairs if requested in advance. A set-u equipment will be considered on a case by case basis by the Rental Office in consultation with the school principal. A fee will be charged and System personnel must be used. The following types of equipment may not be used by outside organizations: musical instruments, athletic equipment, computers: technical or laboratory equipment. staff development centers or other System facilities will be considered on a case-by-case basis by the Rental Office, in 19. Requests to use teaching museumequipment. consultation with the building supervisor. 20. Outside groups may not make any modifications to school facilities in order to accommodate their use of the facility. This includes modifications to [he g Systems: or to the structure or grounds of the facilifacility.electrical, heating, cooling, ventilation or plumbin iother organizations or individuals, or transfer or assign their use agreement to .:m 1 Outside organizations may not sublease school facilites m 22. Individuals are not eligible to apple for use of school facilities 23. School facilities shall not be used for anything other than use(s) approved in the Use Agreement 24, T!ne use of said areas sha!I not in any way interfere with school activities. Facilities will be left in as good condition as found. „ -whpr all facilities use is canceled. The undersigned further agrees to pay all applicable fees at least three 2. A school custodian, and/or other System employee as designated by the principal, must be present during the activity or event. School employees are not permitted to give their building keys to an outside organization. 3. General Liability Insurance in the amount of $I million (minimum) combined single limit coverage is required. $500,000 (minimum) Auto Liability coverage is required. Worker's Compensation coverage is required, if applicable. A Certificate of Insurance must be provided at the time the contract is signed. Fulton County Board of Education must be listed as an "Additional Insured" on the policy. 4. Lease fees are to be paid in advance to the Rental Office, 5270 Northfield Boulevard, College Park, Georgia 30349. Check should be made payable to FULTON COUNTY BOARD OF EDUCATION. Facilities will not be available until payment and the proper documents are received by this office. 5. Signs, banners, permits, etc., may not be erected on school property unless the permission of the Principal or designee is obtained in advance and only if such displays do not deface school property. 6. Adequate supervision, as approved by the Principal, must be present for activities involving children. 7. Parking is permitted only in designated areas. 8. The number of attendees may not exceed the number authorized and must be in compliance with local fire codes. 9. Approved users and their participants must stay in their assigned area at all times. Entry into other areas of the facility will be considered trespassing. 10. Any use of a facility beyond the time specified in their use agreement is subject to additional fees charged in quarter hour increments. II. All activities mast be orderly and lawful, and mast comply with all federal, state and local laws. 12. Use of lighted athletic fields trust end by 10:00 p.m. 13. Overnight use (sleepovers) ofsclnool facilities is permitted only with the explicit permission ofthe Principal and written approval from the Fire Marshall. 14. Food and beverages are allowed inside of cafetorium only. Request for authorization must be made in the application and approved in the use agreement. The organization is responsible for cleanup for all areas used. 15. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or on school property. 16. The use of tobacco products is prohibited in school facilities and on school property. 17. School facilities that are available for use by outside organizations are: PE buildings, media centers, parking lots, gymnasiums, cafeterias/cafetorium, kitchens (System cafeteria staff mast be utilized), playing fields, athletic fields. Request to use auditoriums, theaters, concession facilities, media centers, conference rooms, and common areas will be considered on a case-by-case basis by the Rental Office, in consultation with the school Principal. Use of System personnel may be required at tine Principal's option. Classrooms, laboratories and stadiums are available tinder special arrangement only, approved on a case-by-case basis. 18. Outside organizations may use tables and chairs if requested in advance. A set -ftp fee will be charged. Requests to use public address systems or audio visual equipment will be considered on a case by case basis by the Rental Office in consultation with the school principal. A fee will be charged and System personnel must be used. The following types of equipment may not be used by outside organizations: musical instruments, athletic equipment, computers, technical or laboratory equipment. 19. Requests to use teaching museums, staff development centers or other System facilities will be considered on a case-by-case basis by the Rental Office, in consultation with the building supervisor. 20. Outside groups may not make any modifications to school facilities in order to accommodate their use of the facility. This includes modifications to the electrical, heating, cooling, ventilation or plumbing systems, or to the structure or grounds of the facility. 21. Outside organizations may not sublease school facilities to other organizations or individuals, or transfer or assign their use agreement to anyone. 22. Individuals are not eligible to apply for use of school facilities. 23. School facilities shall not be used for anything other than use(s) approved in the Use Agreement 24. Tile use of said areas sha!I not in any way interfere with school activities. Facilities will be left in as good condition as found. 25. When schools are closed because of inclement weather, all facilities use is canceled. The undersigned further agrees to pay all applicable fees at least three working days prior to use. Revised 2/7/11 Enan-ge • Improve • Exsel FACILITIES SERVICES 5270 Northfield Boulevard, College Park, Georgia 30349-3179 • 404-765-7157 • www.fi.ilLonscl-iools.org CITY OF MILTON PARK AND RECREATION EVENT LICENSE AGREEMENT Exhibit "A" Licensee: Eagle Stix Lacrosse, Incorporated Term: Beginning July 7, 2011, Ending May 31, 2012 (The parties may renew this License annually in writing executed by both parties); Registration may begin upon execution of this agreement Program/Activity/Event: Girls Youth Lacrosse (Grades K -12 `h) Location: Northwestern Middle School (Per City FUA and/or IGA with Fulton County Schools) or another mutually acceptable location Time(s): 5:30 p.m. to 8:30 p.m. (Weeknights) 9 a.m. to 5 p.m. (Saturdays) 12 p.m. to 5 p.m. (Sundays) Day(s): Monday -Sunday Registration Process: www.eaglestixlacrosse.com Fees Charged By Licensee: LEAGUE: $190 (Resident Discount) $285 (Fee) Rate Paid to City of Milton: 10% of all registration fees received by Licensee for Leagues & Camps held at Northwestern Middle School (In addition: Mutually agreed upon improvements made at Northwestern Middle School through FUA and IGA with Fulton County Schools) Payments Made: Two weeks after the end of registration Reporting Documentation Required: Participant rosters including address, age, along with fee paid Limitations: Space and time available for use; Field(s) must have at minimum one (1) day with no use, two (2) is preferred Required Licensee Documentation on File: Proposal, Liability Insurance, Business License, Registered Agent Verification, References, Experience, Certifications, Background Checks and Correspondence The City of Milton will market this program partnership on its website under Parks and Recreation, Programs and Activities. 3 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: July 18, 2011 for the August 1, 2011 Council meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Cook Construction Services, Inc. for the Headwall Repair in the Shadowood Farms Subdivision in the Amount of $11,950.00. Background: Chicken Creek flows through the Shadowood Farms subdivision and under Glencreek Way via a 4-60” CMP culvert. The downstream headwall has experienced erosion between the culvert pipes which has caused three sinkholes in the shoulder of the road. This contract is for the repair of that area. Discussion: The 4-60” CMP culvert under Glencreek Way has experienced some erosion which has caused several sinkholes to form between the culvert barrels in the shoulder of the road. This contract is to repair those areas and restore the shoulder of the road. In accordance with the City of Milton’s Purchasing policy three written quotes were obtained to complete this work. Cook Construction Services, Inc. submitted the lowest, responsible bid in the amount of $11,950. Staff is recommending the approval of this contract to complete the drainage repairs. The budget for this work will be from Capital Project Fund, Public Works – Stormwater Repairs. Legal Review: Construction Agreement – Paul Higbee, Jarrard & Davis on 6/28/2011. Attachments: 1. Construction Agreement City of Milton The City of Milton requires 51% participation by the Prime Contractor on all projects This Erosion Repair Agreement (the "Agreement") is made and entered into this -,5 day off -I 19, 2011, by and between the CITY OF MILTON, a municipal corporation of the State of Geor a, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City"), and Cook Construction Services, Inc., a corporation with its principal place of business located at 14670 Birmingham Hwy., Milton GA(hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City issued a Request For Bid (RFB Shadowood Farms), dated June 3, 2011, to solicit bids for Erosion Repair; and WHEREAS, based upon Contractor's bid to excavate and repair slope and voids behind headwall, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1 Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement ( 16 Pages); B. Request For Bid RFB (7 Pages), attached hereto as Exhibit "A"; C. Proposal and Bid from Contractor dated (1 Page), attached hereto as Exhibit `B"; D. Per-fafmanee d Other- Bonds, attaelied hereto eelleetively as Exhibit "; Not Included. E. Plans and specifications, attached hereto e-el-leetively at Exhibit ncluded in Exhibit A, F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; G. Subcontractor Affidavit, attached hereto as Exhibit "F"; H. 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 I. City of Milton Code of Ethics. Section 2 Proiect Description The Project is defined generally as follows: Excavation and repair of slope and the repair of multiple voids behind the headwall for the 4-60"CMP culvert under Glencreek Way located within the Shadowood Farms Subdivision. Section 3 The Work The Work is specified and indicated in the Contract Documents (the "Work"). The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect on 4 Qt, ( tr I 26 11 . Contractor agrees to complete the Project within 10 calendar days from the date 9 Notice to Proceed. Every effort will be made by Contractor to shorten this period. Section 5 Contractor's Compensation; Time and Method of Payment Contractor shall be paid in one lump sum for the full agreed -to contract amount of $11,950. 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 Rick Pearce (Budget and Procurement Coordinator), for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand - delivered. 2 Section 6 Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $2,500, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this 3 Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative Tad Cook 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 M of the City. I. Responsibility, of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that 5 Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor's errors, omissions, or negligent acts. 2 (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for 7 the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits `B" and "F" that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Contractor's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. Z Contractor's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "E." The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. 10 O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Compliance with Laws Regulating Illegal Aliens The United States Congress enacted the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, which required the former Immigration and Naturalization Service (now the Department of Homeland Security) to establish a system for verifying the immigration status of non -citizen applicants for, and recipients of, certain types of federally funded benefits, and to make the system available to Federal, State, and local benefit -issuing agencies and institutions that administer such benefits. The Contractor covenants and declares that it is enrolled in the Basic Employment Verification Pilot Program, and that it has verified the employment eligibility of all its employees utilizing such program. Contractor shall likewise require all subcontractors or sub -consultants to verify the employment eligibility of all their respective employees utilizing the Basic Employment Verification Pilot Program. Contractor shall provide documentation prior to commencing work under this Agreement, in a form acceptable to the City of Milton, affirming the Contractor's compliance with this Section. Q. Licenses. Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, 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" are necessary for the successful 11 prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the project team, as listed in Exhibit "G", without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City's decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. S. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. T. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. U. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or 12 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 along the Glencreek Way right-of-way, in order for Contractor to complete the Work. B. City's Representative Matthew 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 13 balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counte arts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: 14 NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Cook Construction Services, Inc. 14670 Birmingham Hwy. Milton, GA 30004 F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 15 Cook Construction Services, Inc. By: GZ DO k - Its: a &u IZC� [CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: Witness �,�, Notary Public [NOTARY SEAL] My Commission Expires: MILTON CITY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: Secretary of Owner should attest Give proper title of each person -executing affidavit. Attach seal as required. Executed in Quadruplicate of 4 16 Northfield Pass 416 S�6le Sppngs Dr EXHIBIT "A" REQUEST FOR BID Shadowood Farms Y d c C7 a c 0 L Francis Rd ~ n w F & Autumn 12 m n� 6 cv 0 Qe shfr� fifes Rd Pawns Way OaksY, Grassi G alewS C n Nine HK�ar�� dr Wrr>dsQr � Shadowood Farms Erosion Repair BIDS DUE June 3, 2011 BY 1:00 PM Shadowood Farms City of Milton, Georgia 17 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 the city. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The base bid may not be withdrawn or modified, except at the request of the city, for a period of sixty (60) days following receipt of the bids. BIDS DUE June 3, 2011 BY 1:00 PM Base Bid Amount (Dollar Amount in Numbers) (Company Name) (Signature) (Printed Name) lK 1.0 General Conditions a) Construction activity within 1000 feet on an occupied residence will be allowed Mon. -Fri. between the hours of 7:30 AM and 7:30 PM and Sat. between 8:30 AM and 5:00 PM. Construction activity more than 1000 feet from an occupied residence will be allowed Mon. - Fri. between the hours of 7:00 AM and 10:00 PM and Sat. between the hours of 8:30 AM and 6:00 PM. b) Contractor must notify the City of Milton (678) 242-2500, twenty-four (24) hours prior to beginning construction. c) Burial of construction materials is not permitted within the City of Milton. All construction materials and debris within the work area shall be properly disposed of by the contractor. 2.0 Materials, Equipment and Employees a) The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, fuel, sanitary facilities and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied there from, all in accordance with the contract documents. b) All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications. c) No changes shall be made in the Work except upon written approval and change order of the city. d) Products are generally specified by ASTM or other reference standard and/or by manufacturer's name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed. However, the contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired; and that equivalent products will be acceptable. Substitution of materials, items or equipment of equal or equivalent design shall be submitted to the architect or engineer for approval or disapproval; such approval or disapproval shall be made by the architect or engineer prior to the opening of bids. e) If at any time during the construction and completion of the work covered by these contract documents, the conduct of any workman of the various crafts be adjudged a nuisance to the Owner or if any workman be considered detrimental to the work, the Contractor shall order such parties removed immediately from the site. The contractor shall designate a foreman/superintendent who shall direct the work 19 3.0 Erosion and Sediment Control a) 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. b) Provide double row of Type C silt fence along the down slope side of all disturbed areas. All barriers shall be in place prior to any land disturbing activities. c) Silt fences and hay bale barriers shall be cleaned or replaced and maintained in functional condition until permanent erosion control measures are established. All silt fences and other temporary measures will be removed by the contractor/developer when the site is stable. d) Silt fence fabric shall be comprised of Ga. Department of Transportation qualified products Section 171, type "C,,, for silt fence fabric. Type "A" silt fence fabric and construction may be allowed with prior written approval from the land development inspector. e) Temporary vegetation 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. f) No clearing beyond the limits of disturbance shown on the approved plans shall be allowed without approval. g) Provide matting, temporary and permanent seeding of all slope faces. h) Provide a minimum of 1/2 inch of mulching, temporary and permanent seeding of all other disturbed areas. 4.0 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 other matter resting on or protruding through the original ground surface or appearing or being placed on the area within the typical grading section before final acceptance of work. b) All depressions below the ground surface containing water shall be drained, unsuitable material removed and filled with suitable material and compacted to the ground surface before the embankment proper is begun. Any area deemed jurisdictional under federal, state or local regulations shall obtain required approvals or permits prior to any land disturbing activities in those areas. c) Sub -grade preparation shall be in accordance with GDOT specifications and these regulations. d) If any sections of the sub -grade are composed of topsoil, organic, or other unsuitable or unstable material, such material shall be removed and replaced with suitable material and then thoroughly compacted as specified for fill or stabilized with stone or a geo-textile or geo- grid. e) Fill shall be placed in uniform, horizontal layers not more than 8" thick (loose measurement). Moisture content shall be adjusted as necessary to compact material to 95% maximum laboratory dry density as determined by AASHTO method T-99. f) After the earthwork has been completed, all storm drainage, water, and sanitary sewer utilities have been installed within the right-of-way as appropriate, and the backfill in all such 20 ditches thoroughly compacted, the sub -grade shall be brought to the lines, grades, and typical roadway section shown on the plans. g) Provisions shall be made by the contractor to ensure adequate drainage and prevent possible damage to the work area. 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. 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 SAFETY REQUIREMENTS a) The Contractor shall be responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the City. He shall be responsible for any damage to the Cities property or that of others on the job, by himself, his personnel or his subcontractors, and shall make good such damages. He shall be responsible for and pay for any claims against the City arising from such damages. b) The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. 8.0 Wetlands and Stream Buffers a) No work shall be permitted within any designated wetland or stream buffer area without prior approval of the City of Milton. Wetland areas and Stream buffers shall be designated by the City of Milton prior to the issuance of a notice to Proceed. 9.0 CODES, PERMITS AND INSPECTIONS a) The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the City in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the City, he shall bear all cost arising there from. 10.0 CLEAN UP a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do so by the 21 Owner. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the sites, and completely prepare the project and site for use by the Owner. 11.0 Schedule a) Project shall start within 1 week of date of award and be completed in satisfactory manner, as deemed by MDPW, within 4 weeks from date of award, with final inspection scheduled within 3 weeks from the date of award. 12.0 Detail i Remove trees Remove all ground cover and excavate voids i Grout back of wall if necessary �A <,l x Slope mat all excavated areaas�, A - e Figure 12.1 22 TCP OF RCM F � I{ REIT%7 M GROUND OOVER FROM THE Y40M AREA 11 MAT AND SEED ALLDISTU RED AREAS REMOVETREEBAS INDICATED IN TW FIELD REMOVE ALL ROOTS AND OTHER DEBRIS FROM � � - --mwmr;rcaW BLw cFTE PPE �D.EPRESICN. PLACE AND COMPACT CLEAN rsHLL �----------------�-- PIPESPRIDRTdPLACEM rOFSTONE Figure 12.2 23 EXHIBIT "B" BID FROM CONTRACTOR 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 the city. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The base bid may not be withdrawn or modified, except at the request of the city, for a period of sixty (60) days following receipt of the bids. J I(-1 Y YVLj BIDS DUE June 3, 2011 BY 1:00 PM Base Bid Amount ' I (Dollar Amourit in Numbers) (Company Na (Signature) \� J YV� (Printed Name) Page 2 of 7 24 EXHIBIT "C" Not Included 25 EXHIBIT "D" Refer to Exhibit "A" 26 EXHIBIT "E" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "1." Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. EEV / Basic Pilot Pro ram User Identification Number BY: Authorized Officer or Agent Date (Contractor Name) Z0Gu�2 Title of Authorized Officer or Agent of Contractor d' C Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 206/ Notary Public Cherokee County, CSA My Commission ;Ynires: Ju1V 18, 2013 27 STATE OF GEORGIA CITY OF MILTON EXHIBIT "F" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. 15: �-07 EEV / Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date (Subcontractor Name) Title of Authorized Officer or Agent of Subcontractor Td q/ (r)o L Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BORE ME ON THIS THE DAY OF J G! LN , 2011 Notary Public L� 1401-) My Commission Expires:'-qf j�A—' /,/ DAWN C. CROWLEY NOTARY PUBLIC Chem',P�e County, GA °+y Commission Expires: ,duly 18, 2013 WV City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: July 21, 2011 for the August 1, 2011 Council meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Blount Construction Company, Inc. for the FY11 Reconstruction & Resurfacing Projects Background: In accordance with the city’s pavement management plan an ITB was issued to seek qualified contractors for the paving and/or reconstruction of the following roads: a) New Bullpen Road from the city limits to SR 372 b) Webb Road from Morris Road to Cogburn Road c) Freemanville Road from Providence Road to the bridge over Chicken Creek d) Thompson Road from 14915 Thompson Road to Redd Road e) Nix Road from SR372 to Freemanville Road f) Brittle Road from Summit Road to Bethany Road Discussion: The Invitation to Bid (ITB) was issued in compliance with the city’s purchasing policy and three (3) bids were received ranging in value from $1,492,292.50 to $1,929,923.30. Staff is recommending award of the contract to the lowest responsible bidder, Blount Construction Company Inc., in an amount not to exceed $1,492,292.50. This work will be funded through our citywide Pavement Management budget and this contract will not cause us to overspend that budget account. Legal Review: Paul Higbee, Jarrard & Davis on 7/18/2011 Attachments: 1. 11-PW2 Road Reconstruction Contract City of Milton The City of Milton requires 51 % participation by the Prime Contractor on all projects. This Reconstruction and Resurfacing Agreement (the "Agreement") is made and entered into this day of , 2011, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City"), and Blount Construction Company, Inc, a corporation with its principal place of business located at 1730 Sands Place Marietta, Georgia 30067 (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City issued a Invitation to Bid (ITB 11-PW2), dated June 13th, 2011, to solicit bids for the; FY11 Reconstruction & Resurfacing Projects (Thompson Rd, Freemanville Rd, Webb Rd, & New Bullpen Rd) and WHEREAS, based upon Contractor's bid to construct, install and provide the road reconstruction services as outlined in the ITB, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement (18 Pages); B. Invitation to Bid ITB 11-PW2 ( 66 Pages), Addendums #1 and 42, and pre bid sign in sheet attached hereto as Exhibit "A"; C. Proposal and Bid from Contractor dated April 1 St,2011 (64 Pages), attached hereto as Exhibit `B"; D. Performance and Other Bonds, attached hereto collectively as Exhibit "C"; E. Contractor agrees to abide by the current edition of GDOT standard specifications of construction transportation systems. F. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and G. City of Milton Code of Ethics as defined in Chapter 2, Article VIII, Ethics Code of the City of Milton Code of Ordinances. H. Affidavit for the Contractor pursuant to O.C.G.A. Sections 32-4-122 and 36-91- 21(e). The affidavit must be supplied by all officers, agents, or other persons who may have acted for or represented the contractor in bidding for or procuring the contract, attached hereto as Exhibit "G". In the event of any conflict among Exhibit 'A,' Exhibit 'B' and/or this Agreement, that provision operating most to the benefit of City shall prevail. Section 2. Project Description The Project is defined generally as follows: FYI Reconstruction & Resurfacing Projects. Section 3. The Work The Work is specified and indicated in the Contract Documents (the "Work"). The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4. Contract Time Contractor agrees to complete the Project within ninety (90) calendar days from the date of Notice To Proceed. Every effort will be made by Contractor to shorten this period. Section 5. Contractor's Compensation; Time and Method of Payment 0 Contractor shall be paid unit prices, as stated in the bid schedule provide by Contractor and attached hereto, multiplied by actual quantities provided to the City at the City's request. The quantities stated in the bid schedule were only estimates. The unit prices in the bid schedule will not increase based on a change in quantity of units actually requested by the City. The City shall pay Contractor net thirty (30) days from the date of invoice for units provided to the City during the invoice period; all invoices shall include an itemized list of units provided and prices for each class of unit. No payments will be made for unauthorized work. Upon the City's certification of Final Completion of the Project, an invoice should be submitted to City of Milton 13000 Deerfield Parkway Suite 107G Milton, GA, 30004 for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. Section 6. Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. Section 7. Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the 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 11 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 30D �i N4 c,4, -LF shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive 5 termination of this Agreement. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and 3 (2) (3) (4) content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its 7 officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. '3 (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: additional insured and loss payee on Agreement. L. Employment of Unauthorized Aliens Prohibited The City shall be named as an all policies required by this It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "P 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 6 shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Contractor's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. Contractor's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "E." The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. M. Records, Reports and Audits (1) Records: 10 (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable 11 precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Compliance with Laws Regulating Illegal Aliens The United States Congress enacted the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, which required the former Immigration and Naturalization Service (now the Department of Homeland Security) to establish a system for verifying the immigration status of non -citizen applicants for, and recipients of, certain types of federally funded benefits, and to make the system available to Federal, State, and local benefit -issuing agencies and institutions that administer such benefits. The Contractor covenants and declares that it is enrolled in the Basic Employment Verification Pilot Program, and that it has verified the employment eligibility of all its employees utilizing such program. Contractor shall likewise require all subcontractors or sub -consultants to verify the employment eligibility of all their respective employees utilizing the Basic Employment Verification Pilot Program. Contractor shall provide documentation prior to commencing work under this Agreement, in a form acceptable to the City of Milton, affirming the Contractor's compliance with this Section. Q. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. R. Key Personnel All of the individuals identified in Exhibit "D" are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the project team, as listed in Exhibit "D", without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City's decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor's obligations under this Agreement and shall be 12 grounds for termination. Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. S. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. T. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. U. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section 8. Covenants of the City A. Right of Entry 13 The City shall provide for right of entry for Contractor and all necessary equipment to the City of Milton, in order for Contractor to complete the Work. B. City's Representative Matt Fallstrom shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9. Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10. Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The 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. 14 D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: 15 City of Milton 13000 Deerfield Parkway Suite 107 Milton, Georgia 30004 Attention: City Manager NOTICE TO CONTRACTOR shall be sent to: Blount Construction Company, Inc. 1730 Sands Place Marietta, Georgia 30067 F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [Blou Construction Company, Inc.] By: Its: [CORPORA L, ronauer President 16 SIGNED, SEALED, AND DELIVERED in the presence of: Michael B. Rogers Vice President�ssrs�r- Witnes Notary Public AUDREY D POCUISK NOTARY PUBLIC [NOTARY SEAL] COBB COUNTY, GEORGlr MY COMMISSION EXPIRES FEBRUARY 2MD My Commission Expires: Attorney Li U;6t,(- MILTON CITY COUNCIL Joe Lockwood, Mayor [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] 17 My Commission Expires: Secretary of Owner should attest Give proper title of each person -executing affidavit. Attach seal as required. Executed in Duplicate 18 of 2 EXHIBIT "A" ,;; FY11 Reconstruction and Resurfacing Projf Sign in sheet pre bid -11 PW2.pdf i' tai ITB 11_PW2_ addendum #1. pdf J Addendum #2. pdf 19 EXHIBIT "B" 11-PW2 Blount.pdf 20 PAYMENT BOND Bond No. 105615140 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company, Inc. (as Travelers Casualty and Surety CONTRACTOR, hereinafter referred to as the "Principal"), andCompany of America (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of Dollars ($ 1,492,292.50 ), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project FY11 Reconstruction & Resurfacing Projects (Thompson Rd, Known as Freemanville Rd, Webb Rd & New Bullpen Rd (hereinafter referred to as "the PROJECT"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this _[- day of T't L—"�z , 20 (Name of Principal) Blount Construction Company, Inc. By: Title: Dale J_ Cronauer (SEAL) President (Signatures Continued on Next Page) TRAVELERSi POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In -Fact No. 222641 Surety Bond No. or Project Description: Principal: Blount Construction Company, Inc. 105615140 Obligee: City of Milton, GA KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Betsy J. Holmes, Brian K. Hughes, Karen A. Maynard, Kevin M. Neidert, Michael L. Angel, Michael S. Brickner, P.D. Yates III, P.D. Yates Jr., Tamara Hendrix, Daniel Yates, Alan R. Yates, Gary Spuller, Marie M. Hartley, Robert N. Reynolds, and Dana D. Rutledge of the City of Atlanta, State of Georgia, their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 20th day of July, 2010. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company C7195 yr3 yi uu� State of Connecticut By: City of Hartford ss. Georbe W. ' mpson S ice President On this the 20th day of July, 2010, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. pue��os Marie C. Tetreault, Notary Public 'kVECt�' PERFORMANCE BOND Bond No. 105615140 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company, Inc. (as Travelers Casualty and Surety CONTRACTOR, hereinafter referred to as the "Principal"), and Company of America (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of Dollars ($1,492,292.50), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 20_ which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the FY11 Reconstruction & Resurfacing Projects (Thompson Rd, construction of a project known as Freemanville Rd, Webb Rd & New Bullpen Rd (hereinafter referred to as "the PROJECT"). NOW THEREFORE, the conditions of this obligation are as follows: That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or 16 TRAVELERS) POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In -Fact No. 222641 Surety Bond No. or Project Description: Principal: Blount Construction Company, Inc. 105615140 Obligee: City of Milton, GA KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Betsy J. Holmes, Brian K. Hughes, Karen A. Maynard, Kevin M. Neidert, Michael L. Angel, Michael S. Brickner, P.D. Yates III, P.D. Yates Jr., Tamara Hendrix, Daniel Yates, Alan R. Yates, Gary Spuller, Marie M. Hartley, Robert N. Reynolds, and Dana D. Rutledge of the City of Atlanta, State of Georgia, their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 20th day of July, 2010. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut D City of Hartford ss. George W.. mpsonSgaiui4ice President On this the 20th day of July, 2010, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal.p.TlT My Commission expires the 30th day of June, 2011. Marie C. Tetreault, Notary Public PROJECT MAINTENANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal" located at 1730 Sands Place, Marietta, Georgia 30067 (770) 541-7333, and (as SURETY COMPANY, hereinafter referred to as the "Contractor's Surety"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City for maintenance of Streets as described below in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written Agreement with the City, dated which is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement"), for the construction of certain Streets as contemplated by that Project for FY11 Road Reconstruction and Resurfacing (hereinafter referred to as the "Project"); and WHEREAS, said Project is to be approved by the City of Milton, under the terms that a maintenance bond is required of said Principal and good and sufficient surety payable to the City, and conditioned that the Principal shall, for a period of five (5) years beginning on maintain all streets ("Streets") involved in said Project in accordance with all 27 applicable federal and state laws, with the Agreement, and with all applicable City regulations, including but not limited to the Code of Ordinances for the City of Milton, Georgia, in force as of the date of said approval. NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall maintain the Streets as described above; and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for costs of maintenance of Streets, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements described herein, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance by the Principal; a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on Ut3 this day of 320 Attest: By: Name, Title: Date: Attest: By: Name, Title: Date: (Blount Construction Company, Inc.) By: Name, Title: (SEAL) (Name of Contractor's Surety) By: Name, Title: (SEAL) (ATTACH SURETY'S POWER OF ATTORNEY) we, EXHIBIT "D" KEY PERSONEL None 30 EXHIBIT "E" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "F." Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. /2� Z/0 EV / Basic Pilot Program User Identification Number BY: Aut ized Officer or Agent Date (Blount Construction Company, Inc) Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20 Notary -Public- My Commission Expires: AUOREYDPOCIASK NOTARY RM COBB COUNTY, GEORGIA MY COMMISSION EXPIRES FEBRUARY 23RD, 2014 31 STATE OF GEORGIA CITY OF MILTON EXHIBIT "F" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. EEV / Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date (Subcontractor) Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20_ Notary Public My Commission Expires: 32 EXHIBIT "G" NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF GEORGIA CITY OF MILTON �.�( cmc t�Ww�✓�t- c�r-ti , being first duly sworn, deposes and says that: (1) He is �/L��Ss��c=� (Owner, Partner Office , Representative, or Agent) of Blount Construction Company, Inc. (the "Bidder") that has submitted a Bid to the City of Milton for the FYI I Road Reconstruction and Resurfacing (2) He is fully informed respecting their preparation and contents of the Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid was genuine and was not a collusion or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted to or refrain from bidding in connection with such Contract, or has in any collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Milton, Georgia or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Bidder has not directly or indirectly violated O.C.G.A. § 36-91-21(d). igned) (Name) 45ale J. Cronauer President Subscribed and Sworn to before me this /$� day of , 20/ Title My Commission Expires AUDREY D POCIASK NOTARY PUBLIC (SEAL) COBE COUNTY, GEORGIA W COMMISM EXPIRES FEBRUARY 23RD, 2M4 Date 33 END OF AGREEMENT 34 BLOUCON-01 TASA AcoRO CERTIFICATE OF LIABILITY INSURANCE `--� DATE13/20IY 7113/201 11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER (404) 633-4321 CNACT NAME: Yates Insurance Agency 4 Executive Park East, NE Suite 200 PHONE FAX AIC Ext: AIC No E-MAIL L ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Atlanta, GA 30329 INSURER A: Bituminous Casualty Corporation 20095 INSURED Blount Construction Co Inc INSURER B :Great American Insurance Company 16691 INSURERC:Chartis Specialty Insurance Company 26883 1730 Sands Place Marietta, GA 30067- INSURER D: INSURER E: CLP3546859 INSURER F: 1/1/2012 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR R OF INSURANCE ADDLSUBRTYPE INSR WVD POLICY NUMBER EFF MM DDfYYYY MPOLICY LTEXP DDICY /YYYY ML LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 PREMISESEa occurrence $ 100,000 A X COMMERCIAL GENERAL LIABILITY X X CLP3546859 1/1/2011 1/1/2012 CLAIMS -MADE a OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ BODILY INJURY (Per person) $ A X ANY AUTO X X CAP3546861 1/1/2011 1/1/2012 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident NON -OWNED X HIRED AUTOS Ix AUTOS X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 B EXCESS LIAB CLAIMS -MADE T00033025202 1/1/2011 1/1/2012 DED I X I RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN X WC3546860 1/1/2011 1/1/2012 X I WC STATU- I OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A E.L. DISEASE -_EA EMPLOYE $ 1,000,000 If as, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Pollution Liability CP016038450 1/1/2011 1/1/2012 $25,000 Deductible $2,000,000/0C DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: FY11 Reconstruction & Resurfacing Projects (Thompson Rd., Freemanville Rd., Webb Rd., & New Bullpen Rd.) City of Milton is an Additional Insured on the General Liability and Auto policy as required by written contract. General Liability coverage is afforded on a Primary & Non -Contributory basis. Waiver of Subrogation is afforded on the General Liability, Auto and Workers Compensation policy as required by written contract. Umbrella follows form. All coverage is subject to policy forms, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 13000 Deerfield Pkwy. Suite 107G AUTHORIZED REPRESENTATIVE Milton, GA 30004-""— ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CITY OF MILTON City of Milton INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: Project Name: 11-PW2 FY11 Reconstruction & Resurfacing Projects (Thompson Rd, Freemanville Bid Number: 11-PW2 Rd, Webb Rd, & New Bull en Rd Due Date and Time: Attn: Rick Pearce, Purchasing Office June 30th, 2011 Number of Pages: 66 Local Time: 2:00pm Suite 107G ISSUING DEPARTMENT INFORMATION Issue Date: June 13th 2011 City of Milton Public Works Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107G Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bid Number: 11-PW2 City of Milton Name of Company or Firm Attn: Rick Pearce, Purchasing Office Special Instructions: 13000 Deerfield Pkwy Suite 107G Deadline for Written Questions Milton, Ga. 30004 June 22`h, 2011, 5 pm Email(preferred) questions to Rick Pearce at tick.pearce@ckyofmiltonga.us or Fax questions Attn: Rick Pearce at 678-242-2499 IMPORTANT: SEE STANDARDTERMS AND 'CONDI'I ION N,' ., '... Bidder Name/Address: Bidder Phone Number: Bidder Federal I.D. Number: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder FAX Number: Bidder E-mail Address: 1 Table of Contents Topic Definitions Invitation to Bid Bid Form Bidding Instructions (What must be submitted) InsuranceBond Requirements Bonds Bid Payment Performance Maintenance Qualifications Signature and Certification Corporate Certificate List of Subcontractors Contract Agreement General Conditions EPD Air Quality Rules Bid Schedule Project Specifications Bid Price Certification Disclosure form Schedule of Events Site Map 2 Paine 3 4 5 7 7 9 21 21 22 23 42 47 48 49 60 61 62 63 I DEFINITIONS COMPW: City of Milton Public Works Department GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Lineal Feet LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Trac Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials 3 CITY OF MILTON Invitation to Bid 11-PW2 The City of Milton is accepting sealed bids from qualified firms for a Reconstruction & Resurfacing Project for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation's (GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on June 30th, 2011. Sealed bids shall be submitted to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004. At approximately 2:10 PM Local Time on June 30th, 2011 bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton Courthouse 13000 Deerfield Parkway Suite 107E Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (11-PW2) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email (preferred) Rick Pearce at rick.pearce@cityofmiltonga.us or fax questions to 678-242-2499 Attn: Rick Pearce. Deadline for questions is June 22a', 2011 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about June 24th, 2011. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (11-PW2) and bid name (FYI I Road Reconstruction & Resurfacing Project (Thompson Rd, Freemanville Rd, Webb Rd & New Bullpen Rd) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days after the "Notice to Proceed" is issued. The time of completion for the project is ninety (90) calendar days from the date of the "Notice to Proceed." If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. M BID FORM BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 11-PW2 FY10 Road Reconstruction & Resurfacing Project (Thompson Rd, Freemanville Rd, Webb Rd & New Bullpen Rd) The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). All materials used in the process of completion of the work included in the Contract will be furnished from Georgia Department of Transportation certified suppliers only. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within ninety (90) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. 5 BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE Attached hereto is an executed Bid Bond in the amount of Bid). Dollars ($ (Five Percent of Amount If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this Bidder Mailing Address: By: Title: By: Title: G day of Bidder Company Name (Seal) BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: 1. Filled out and signed Invitation to Bid (Page 1) 2. City Bid Schedule (Page 48), City Bid Form (Page 5), and City Bid Bond (Page 9) 3. Applicable Compliance Specifications Sheets, and 4. Applicable Addenda Acknowledgement, (Page 6) 5. Qualification Signature and Certification (Page 21) 6. List of Subcontractors (Page 22) 7. Bid Price Certification (Page 64) 8. Disclosure Form (page 65) 9. Qualification sheet listing projects that meet the experience requirement along with references (as stipulated on Page 51). Use your own form. INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a unit price, not to exceed "purchasing contract" with one firm to be the primary supplier of the FYI Road Reconstruction & Resurfacing Project (Thompson Rd, Freemanville Rd, Webb Rd & New Bullpen Rd) 11-PW2. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are included in the CONTRACT AGREEMENT (section K) below. VA BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish bonds for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the contract price. The Successful Bidder shall also be required to furnish a Maintenance Bond, in the amount of one-third (1/3) of the contract price, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of one (1) year from the completion of construction. Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A PROPOSAL The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton N. BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. :DO Bidder's Name and Corporate Seal Bv: Signature and Title: Attest: Signature and Title: f.Yil��l�•1 (Seal) Surety's Name and Corporate Seal Bv: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title: Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. E 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT (as CONTRACTOR, hereinafter referred to as the "Principal"), and (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project known as , (hereinafter referred to as "the PROJECT"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of 20 (Name of Principal) Un Title: (SEAL) (Signatures Continued on Next Page) Attest: Title: Date: Attest: Date: (Name of Contractor's Surety) I: (ATTACH SURETY'S POWER OF ATTORNEY) (SEAL) PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT (as CONTRACTOR, hereinafter referred to as the "Principal"), and (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 20_ which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project known as (hereinafter referred to as "the PROJECT") NOW THEREFORE, the conditions of this obligation are as follows: That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or 16 attorneys -in -fact, this day of , 20 Attest: Title: Date: Attest: Date: (Name of Principal) Title: (Name of Contractor's Surety) (SEAL) Title: (SEAL) (ATTACH SURETY'S POWER OF ATTORNEY) 17 PROJECT MAINTENANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT (as CONTRACTOR, hereinafter referred to as the "Principal" located at [INSERT ADDRESS AND PHONE NUMBER]), and (as SURETY COMPANY, hereinafter referred to as the "Contractor's Surety"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City for maintenance of Streets as described below in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written Agreement with the City, dated which is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement"), for the construction of certain Streets as contemplated by that Project for [INSERT PROJECT NAME] (hereinafter referred to as the "Project"); and WHEREAS, said Project is to be approved by the City of Milton, under the terms that a maintenance bond is required of said Principal and good and sufficient surety payable to the City, and conditioned that the Principal shall, for a period of five (5) years beginning on maintain all streets ("Streets") involved in said Project in accordance with all applicable federal and state laws, with the Agreement, and with all applicable City regulations, including but not limited to the Code of Ordinances for the City of Milton, Georgia, in force as of the date of said approval. NOW THEREFORE, the conditions of this obligation are as follows: 3. That if the Principal shall maintain the Streets as described above; and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for costs of maintenance of Streets, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements described herein, then this obligation shall be void; otherwise to remain in full force and effect; 4. In the event of a failure of performance by the Principal; a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of , 20_. 19 Attest: By: Name, Title: Date: Attest: By: Name, Title: Date: (Name of Principal) By: _ Name, (SEAL) (Name of Contractor's Surety) By: Name, Title: (SEAL) (ATTACH SURETY'S POWER OF ATTORNEY) 20 QUALIFICATIONS SIGNATURE AND CERTIFICATION BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Date Print/Type N Print/Type Company Name I, CORPORATE CERTIFICATE certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This (Signature) day of , 20. 21 LIST OF SUBCONTRACTORS BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company N 22 REFERENCE ONLY BIDDERS DO NOT RETURN THIS AGREEMENT WITH BID RESPONSE. The City of Milton requires 51 % participation by the Prime Contractor on all projects. This Reconstruction Agreement (the "Agreement") is made and entered into this day of , 2011, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City"), and , a corporation with its principal place of business located at (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City issued an Invitation to Bid (ITB ), dated to solicit bids for ; and WHEREAS, based upon Contractor's bid to construct and install , the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement ( Pages); B. Invitation to Bid ITB ( Pages), attached hereto as Exhibit "A"; 23 C. Proposal and Bid from Contractor dated ( Pages), attached hereto as Exhibit `B"; D. Performance and Other Bonds, attached hereto collectively as Exhibit "C"; E. Plans and specifications, attached hereto collectively at Exhibit "D" F. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and G. City of Milton Code of Ethics ( Pages). Section 2. Project Description The Project is defined generally as follows: Section 3. The Work The Work is specified and indicated in the Contract Documents (the "Work"). The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4. Contract Time This Contract shall take effect on . Contractor agrees to complete the Project within calendar days from the date of Notice To Proceed. Every effort will be made by Contractor to shorten this period. Section 5. Contractor's Compensation; Time and Method of Payment Contractor shall be paid in one lump sum for the full agreed -to contract amount of $ . The City shall pay Contractor upon Final Completion of the Project as such is determined by the City, net thirty (30) days from the date of invoice. No payments will be made for unauthorized work. Upon the City's certification of Final Completion of the Project, an invoice should be submitted to , for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. Section 6. Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor 24 and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $ , must be approved by resolution of the Milton City Council. Section 7. Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and 25 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. Citv's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all PUI losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to 27 the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive 29 (c) All Coverages: 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. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 30 L. Employment of Unauthorized Aliens Prohibited It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F" that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Contractor's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that the employee -number category designated below is applicable to the contractor. 500 or more employees. 100 or more employees. Fewer than 100 employees. 31 Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. Contractor's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "E." The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. 32 N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Compliance with Laws Regulating Illegal Aliens The United States Congress enacted the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, which required the former Immigration and Naturalization Service (now the Department of Homeland Security) to establish a system for verifying the immigration status of non -citizen applicants for, and recipients of, certain types of federally funded benefits, and to make the system available to Federal, State, and local benefit -issuing agencies and institutions that administer such benefits. The Contractor covenants and declares that it is enrolled in the Basic Employment Verification Pilot Program, and that it has verified the employment eligibility of all its employees utilizing such program. Contractor shall likewise require all subcontractors or sub -consultants to verify the employment eligibility of all their respective employees utilizing the Basic Employment Verification Pilot Program. Contractor shall provide documentation prior to commencing work under this Agreement, in a form acceptable to the City of Milton, affirming the Contractor's compliance with this Section. Q. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of 791 quality ordinarily expected of competent professionals. R. Key Personnel All of the individuals identified in Exhibit "G" are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the project team, as listed in Exhibit "G", without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City's decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. S. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. T. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. U. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will 34 occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section S. Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment to in order for Contractor to complete the Work. B. City's Representative shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9. Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10. Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost 35 of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified 36 mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton 13000 Deerfield Parkway Suite 107 Milton, Georgia 30004 Attention: City Manager NOTICE TO CONTRACTOR shall be sent to: F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. 37 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [CONTRACTOR'S NAME] By: Its: [CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: MILTON CITY COUNCIL Joe Lockwood, Mayor [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of. Witness Notary Public [NOTARY SEAL] 0: My Commission Expires: Secretary of Owner should attest Give proper title of each person -executing affidavit. Attach seal as required. Executed in Quadruplicate 39 of 4 EXHIBIT "E" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "F." Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. EEV / Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date (Contractor Name) Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 200_ Notary Public My Commission Expires: .X STATE OF GEORGIA CITY OF MILTON EXHIBIT "F" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. EEV / Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date (Subcontractor Name) Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 201 _ Notary Public My Commission Expires: END OF AGREEMENT 41 GENERAL CONDITIONS Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted below. SECTION 101 DEFINITION AND TERMS Section 101.14 Delete as written and substitute the COMMISSIONER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Section 101.22 Delete as written and substitute the DEPARTMENT following: PUBLIC WORKS DEPARTMENT CITY OF MILTON Section 101.24 Delete as written and substitute the ENGINEER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Section 101.84 Add: DIRECTOR OF PUBLIC WORKS CITY OF MILTON SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS Section 102.05 EXAMINATION OF PLANS, Add the following paragraph: SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF THE WORK "The City will not be responsible for Bidders' errors or misjudgment, nor for any information on local conditions or general laws and regulations." Section 102.07 REJECTION OF Add the following subparagraphs PROPOSALS "I. The City reserves the right to reject any and all bids, to waive technicalities, and to make an award as deemed in its best interest. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to 42 Section 102.08 PROPOSAL GUARANTY Add Section 102.15 ADDENDA AND INTERPRETATION Section 102.09 DELIVERY OF PROPOSALS: 43 the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, and work of this type successfully completed. "J. The City also reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to The City of Milton, Georgia." Substitute the following for the first sentence "No bid will be considered unless it is accompanied by an acceptable bid bond an amount not less than five percent (5%) of the amount bid and made payable to City of Milton, Georgia. Such Bid Bond shall be on the forms provided by the City." Delete in its entirety and substitute the following: Bids shall be submitted on the Bid Form provided by the City. The bid package as described in Notice to Contractors, Page 1 must be submitted with the bid. Failure to do so could result in the omission of pertinent documents and the rejection of the apparent low bid." Add the following as 102.15: "No interpretation of the meaning of the Contract Documents will be made orally to any Bidder. Any request for such interpretation should be in writing addressed to the Purchasing Department, The City of Milton 13000 Deerfield Pkwy., Suite 107G Milton, Ga. 30004. TEL. 678/242-2500, FAX 678/242-2499.Each such interpretation shall be given in writing, separately numbered and dated, and furnished to each interested Bidder. Any request not received SECTION 103 Section 103.02 AWARD OF CONTRACT Section 103.05 REQUIREMENTS OF CONTRACT BONDS Section 103.07 FAILURE TO EXECUTE CONTRACT in time to accomplish such interpretation and distribution will not be accepted. AWARD OF AWARD AND EXECUTION OF CONTRACT Delete in its entirety and substitute the following: "The contract, if awarded, shall be awarded to the lowest responsible bidder. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting parties." Delete in its entirety and substitute the following: "At the time of the execution of the contract, and as a part thereof, the successful bidder shall furnish Contract Bond Below: Performance Bond in the full amount of the contract. Payment Bond in the full amount of the contract. Maintenance bond in the amount of one-third (1/3) of the contract. " Delete in its entirety and substitute the following: "Failure to execute the Contract Performance, Payment or Maintenance Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re -advertised, or may be constructed by City forces. The Contract and Contract bonds shall be executed in quadruplicate." SECTION 107 LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC Section 107.18 ACQUISITION OF RIGHT OF WAY Section 107.21 CONTRACTORS RESPONSIBILITY FOR UTILITY PROPERTY AND SERVICE SECTION 109 Section 109.07 PARTIAL PAYMENTS Section 109.08 FINAL PAYMENT 45 Add the following paragraph: "The Contractor shall inspect all easements and rights-of-way to ensure that the City has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Documents. The Contractor shall comply with all stipulations contained in easements acquired by the Department." Add the following sentence to Paragraph A: "The Contractor is responsible for the location of above and below ground Utilities and structures which may be affected by the Work." MEASUREMENT AND PAYMENT Delete the first sentence of the Second Paragraph under `A. General" As long as the gross value of completed work is less than 50% of the total Contract amount, or if the Contractor is not maintaining his construction schedule to the satisfaction of the Engineer, the Department shall retain 10% of the gross value of the work that has been completed as indicated by the current estimate certified by the Engineer for payment. Delete in its entirety and substitute the following. "Final Payment: Upon completion by the Contractor of the work, including the receipt of any final written submission of the Contractor and the approval thereof by the Department, the CITY will pay the Contractor a sum equal to 100 percent (100%) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment. The Contractor agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the CITY for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the CITY from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same." we ***NOTICE TO CONTRACTORS*** EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER 391-3-1-02-05 For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534 — FAX 47 BID SCHEDULE BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE ITEM ITEM UNIT TOTAL NUMBER DESCRIPTION UNITS QUANTITY PRICE AMOUNT 150-1000 Traffic Control LS 1 301-2190 Cement Stabilized Base 10" SY 60,000 301-5000 Portland Cement TN 1,400 310-1101 Gr Aggr Base Crs TN 2,200 Recycled Asphalt Concrete Patching including Bituminous 402-1802 Material & H Lime TN 2,100 Recycled Asphalt Concrete Leveling 402-1812 .5 in. TN 1,500 Recycled Asphalt Concrete 12.5 MM Superpave GP 2 Only Including Bituminous Material and H -Lime 2 402-3130 in. TN 9,800 413-1000 Bituminous Tack Coat GL 3,400 Mill Asphalt Concrete Pavement, 2 432-0208 in Depth SY 43,000 550-2240 Side Drain Pipe 24" LF 20 Safety End Section 24", Side Drain, 550-3424 4:1 slope EA 1 Thermoplastic Pavement Marking 653-0120 Arrow, Type 2 EA 32 Thermoplastic Pavement Marking Arrow, Type 3 (combined thru and 653-0130 turn) EA 8 Thermoplastic Solid Traffic Stripe, 653-1704 24" White LF 400 Thermoplastic Solid Traffic Stripe, 653-1804 8" White LF 5,000 653-2501 Thermoplastic Solid Stripe, 5" White LM 9 Thermoplastic Solid Stripe, 5" 653-2502 Yellow LM 9 653-4501 Skip Traf Stripe, 5" White LF 2,000 Thermoplastic Solid Traffic Stripe, 653-6004 8" White SY 1,150 Thermoplastic Solid Traffic Stripe, 653-6006 8" Yellow SY 2,300 Total Bid Price Fill out "Unit Price" column, "Total Amount" column, and "Total Bid Price" Actual price to the City will be based on actual quantity multiplied by the bid "Unit Price". Number of days to complete project (exclude weather related days) .• PROJECT SPECIFICATIONS PROJECT DESCRIPTION The City of Milton Public Works Department (City) requests for interested parties to submit formal sealed bids/proposals for the full depth reclamation and resurfacing project. The project segment locations are described as follows: ■ FDR of S. Thompson Rd —beginning at 14495 Thompson Rd, tie to end of FY10 reconstruction, and ending at Redd Rd. The entrance to Potterstone subdivision, Scottlandwell Place, will be milled and overlayed to a point 50 feet from the edge of the travel lane of Thompson Road. ■ FDR of Freemanville Rd — beginning at Providence Rd and working in a northerly direction ending at the bridge of Chicken Creek. The intersection shall be milled and overlayed as directed by the city. At the Providence intersection the headwall on the south west corner will be removed and a 10' section of 24" CMP will added. This area will be backfilled and rocked and prepped for asphalt to improve the turn radius. ■ Resurfacing of New Bullpen Rd from SR 372 ending on the western side of the bridge located on the Cherokee county line. Mill 2", patch as needed and overlay with 2" of 12.5mm superpave. ■ Resurfacing of Webb Rd from Morris Rd to Cogbum Rd. The work will skip over a portion of the new asphalt placed around the SR9 area of the project. Mill 2" and patch as needed, overlay 2" 12.5 mm superpave. At the intersection of Deerfield Pkwy you will mill 200 feet in all directions including the turn lanes and overlay 2 inches with 12.5 mm superpave on Deerfield Pkwy. ■ Return Nix Rd and Part of Brittle Rd to gravel road. These roads where cement stabilized to a depth of 6". Pulverize these roads to a depth of 8" and tailgate spread GAB as needed prior to pulverization. The extent of the work will extend from SR 372 to Freemanville Rd on Nix Rd and from Bethany Rd to Summit Rd on Brittle Rd. This project shall follow Georgia Department of Transportation Specifications. The most current GDOT Specifications and shelf Special Provisions apply to all work performed under this contract. In case of discrepancy between the unit price and the total price on the completed Bid Schedule, the unit price will prevail and the total price will be corrected. To bid on this contract, the Contractor must be listed on the current Georgia Department of Transportation Pre -Qualified Contractors list. No exceptions. Additionally, vendor must have a minimum of 5 verifiable years experience on Full Depth Reclamation with cement as the additive or a minimum of 10 lane miles of experience with a city or county on Full Depth 50 Reclamation with cement as the additive; and, an 8 -foot wide reclamation machine would be desired but other widths may be acceptable. The contractor shall submit with the bid a qualification sheet listing projects that meet the experience requirement along with references. List should include project date, location, lane miles, description, and contact info. SPECIAL PROVISIONS All work associated with this contract shall meet the Georgia DOT standard specifications for construction materials, methods and procedures not specifically listed in this solicitation. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. 51 August 25, 2003 Georgia Department of Transportation Special Provision Section 301—Soil Cement Retain Section 301 and add the following: Section 301—Cement Stabilized Reclaimed Base Construction 301.1 General Description This work includes constructing a cement stabilized base course by pulverizing the existing pavement structure and mixing with Portland cement to the depth specified on the plans. Construct according to these Specifications and to the lines, grades, thickness, and typical cross-sections shown on the Plans or established by the Engineer. 301.1.01 Related References A. Standard Specifications Section 412—Bituminous Prime Section 800—Coarse Aggregate Section 814—Soil Base Materials Section 821—Cutback Asphalt Section 830—Portland Cement Section 880—Water B. Referenced Documents General Provisions 101 through 150 GDT Test Methods GDT 19 GDT 21 GDT 65 GDT 86 GDT 20 GDT 59 GDT 67 301.1.01 Submittals Before constructing a test section according to Subsection 301.3.04.E.1, submit a Construction Work Plan to the Engineer. Include proposed equipment and proposed compaction procedures. If the Engineer determines that the Work Plan is not satisfactory, revise the compaction procedure and augment or replace equipment, as necessary, to complete the Work. 301.2 Materials Ensure that materials meet the requirements of the following Specifications: Material Section Blotter material (sand) 412.3.05.G.3 Coarse Aggregate 800 52 Soil Base Material 814.2.02 Cutback asphalt, RC -30, RC -70, RC -250 or MC -30, MC -70, MC -250 821.2.01 Portland Cement (Type I or Type II) 830.2.01 Water 880.2.01 301.3 Construction Requirements 301.3.01 Personnel Ensure that only experienced and capable personnel operate equipment. 301.3.02 Equipment Use equipment that has been approved by the Engineer before construction begins. Provide equipment in satisfactory condition capable of continuously mixing materials (pavement structure, soil, water, and cement) to a consistent depth. Use equipment capable of providing a homogenous blend. 301.3.03 Preparation Loosen and pulverize the in-place pavement structure to the width and depth to be stabilized without damaging the underlying materials. Add water to assist pulverization if necessary. 301.3.04 Construction 1. Weather Limitations 1. Mix cement -stabilized base only when the weather permits the course to be finished without interruption within the time specified. 2. Mix materials only when the moisture of the materials to be used in the mixture meets the specified limits. 3. Begin mixing only when the air temperature is above 40°F (4°C) in the shade and rising. 4. If the work is interrupted for more than two hours after cement has been added, or if rain increases the cement's moisture content outside the specified limits, the affected area of completed cement -stabilized base course will be tested for unconfined compressive strength, in accordance with Section E - Strength. 2. Moisture Adjustment Adjust the moisture content of the roadway materials to within 100 to 120 percent of the optimum moisture immediately before spreading the cement. The optimum moisture content is determined by the Job Mix Design and can be adjusted by the Engineer. 3. Cement Application 1. Uniformly spread the required amount of Portland cement with a cyclone -type mechanical spreader or its equivalent. Do not use pneumatic tubes to transfer the cement from the tanker directly onto the material to be stabilized. 2. Apply cement at the rate specified on the Job Mix Design (as established by GDT -65) and mix to the depth shown on the Plans. The Engineer may alter the spread rate during the progress of construction if necessary. Maintain the application rate within ± 10 percent of that specified by the Engineer. 3. Provide both equipment and personnel to measure the application rate of cement placed. 4. Apply cement on days when wind will not interfere with spreading. 5. If the cement content is below the 10 percent limit in the mixing area, add additional cement to bring the affected area within the tolerance specified and recalibrate the mechanical spreader's spread rate. If the cement content is more than the 10 percent limit in the mixing area, the excess quantity will be deducted from the Contractor's pay for cement. 6. Regulate operations to limit the application of cement to sections small enough so that all of the mixing, compacting, and finishing operations can be completed within the required time limits. 7. Pass only spreading and mixing equipment over the spread cement and operate this equipment so that it does not displace cement. 53 8. Replace damaged cement at no cost to the Department when damage is caused by: ■ Hydration due to rain, before or during mixing operations. ■ Spreading procedures contrary to the requirements stated above. ■ Displacement by the Contractor's equipment or other traffic. 9. Do not spread cement on any areas that "pump" under construction traffic. D. Mixing 1. Begin mixing as soon as possible after the cement is spread, and continue until a homogeneous and uniform mixture is produced. Make any necessary changes to meet the Engineer's requirements if the equipment does not produce a homogeneous and uniform mixture conforming to these Specifications. 2. Continue pulverizing until the base mixture is uniform in color and conforms to the following gradation requirements 1. 95 percent passing the 2 inch (50mm) sieve 2. 55 percent of the roadway material, excluding gravel, passes the No. 4 (4.75mm) sieve. 3. Add water as needed to maintain or bring the moisture content to within the moisture requirements immediately after the preliminary mixing of the cement and roadway material. 4. Mix the additional water homogeneously into the full depth of the mixture. E. Compaction and Finishing 1. Test Section 1. Use the first section of each constructed cement -stabilized base course as a test section. 2. Construct a test section between 350 feet (100m) and 500 feet (150m) long at the designated width. c. The Engineer will evaluate compaction, moisture, homogeneity of mixture, thickness of stabilization, and finished base surface. If the Engineer deems necessary, revise the compaction procedure or augment or replace equipment. 2. Time Limits a. Begin compaction within 45 minutes from the time water is added to the cement mixture. b. Complete compaction within 2 hours. c. Complete all operations within 4 hours, from adding cement to finishing the surface. d. Do not perform vibratory compaction on materials more than 90 minutes old, measured from the time cement was added to the mixture. 3. Moisture Control During compaction, ensure that the moisture is uniformly distributed throughout the mixture at a level of between 100 and 120 percent of the optimum moisture content. 4. Compaction Requirements a. Use a steel wheel roller for initial compactive effort unless an alternate method is approved by the Engineer. b. Compact the cement -stabilized base course to at least 98 percent of the maximum dry density established on the Job Mix Design. c. Uniformly compact the mixture and then shape to the grade, line, and cross- section shown on the Plans. d. Remove all loosened material accumulated during the shaping process. Do not use additional layers of cement -treated materials in order to conform to cross-sectional or grade requirements. e. Use a pneumatic -tired roller to roll the finished surface until it is smooth, closely knit, and free from cracks or deformations, and conforming to the proper line, grade, and cross-section. f. In places inaccessible to the roller, obtain the required compaction with mechanical tampers approved by the Engineer. Apply the same compaction requirements as stated above in Subsection 301.3.04.E.4. g. Perform grading operations immediately after the placement and compaction operations. Roll the stabilized base course again with a pneumatic -tired roller. 54 F. Construction Joints 1. Form a straight transverse joint at the end of each day's construction or whenever the Work is interrupted. 2. Create the straight transverse joint by cutting back into the completed Work to form a true vertical face free of loose or shattered material. 3. Form the joint at least 2 feet (600mm) from the point where the spreader strike -off plate comes to rest at the end of the day's work, or at the point of interruption. 4. Form a longitudinal joint as described above if cement -stabilized mixture is placed over a large area where it is impractical to complete the full width during one day's work. Use the procedure for forming a straight transverse joint. Remove all waste material from the compacted base. G. Priming the Base 1. The surface of the completed base course must be moist cured until the bituminous prime is applied. 2. Apply prime only to an entirely moist surface. If weather delays prime application, apply prime as soon as the surface moisture is adequate 3. Apply bituminous prime according to Section 412 as soon as possible and in no case later than 24 hours after completion of the finishing operations. 4. Maintain and protect the curing seal for seven days. 5. Protect finished portions of the cement -stabilized base course that are used by equipment in the construction of an adjoining section to prevent marring or damaging of the completed Work. Protect the stabilized area from freezing during the curing period. H. Opening to Traffic 1. Do not permit any traffic or equipment on the finished surface of the base course until the prime has hardened enough so that it does not pick up under traffic. For the first seven days after priming, restrict traffic to lightweight vehicles such as passenger cars and pickup trucks. Do not allow vehicles with an average axle load exceeding 20,000 pounds (9Mg) on the unfinished base at any time. 2. Correct any failures caused by traffic at no additional cost to the Department. I. Protection of Course Maintain the base course until the Engineer determines that it has sufficiently cured and is ready to be covered with the pavement course. Make repairs specified in Subsection 300.3.06.B, whenever defects appear. This preservation action does not relieve the Contractor of his responsibility to maintain the Work until final acceptance as specified in Section 105. 301.3.06 Quality Acceptance A. Compaction Tests 1. Determine the maximum dry density from representative samples of compacted material, according to GDT 19 or GDT 67. 2. Determine the in-place density of finished courses according to GDT 20, GDT 21 or GDT 59 , as soon as possible after compaction, but before the cement sets. B. Gradation Test Ensure that the gradation of the completely mixed cement -stabilized base course meets the requirements of Subsection 301.3.04.D.2. C. Finished Surface Check the finished surface of the cement -stabilized base course transversely. 2. Check the surface using a 15 ft (4.5 m) straightedge parallel to the centerline. Additionally, use one of the following tools: a. A template, cut true to the required cross-section and set with a spirit level on non-superelevated sections 1.) A system of ordinates, measured from a stringline 55 • A surveyor's level 3. Ensure that ordinates measured from the bottom of the template, stringline, or straightedge, to the surface do not exceed 1/2 in (12 mm) at any point. 4. Correct any variations from these requirements immediately according to Subsection 300.3.06.B, "Repairing Defects. " C. Thickness Tolerances 1. Thickness Measurements Determine the thickness of the cement -stabilized base course, by making as many checks as necessary to determine the average thickness, but not less than one check per 1000 feet (300m) per 2 lanes. 2. Excess Thickness a. Determine the average thickness per linear mile (kilometer) from all measurements within each mile (kilometer) increment. • Ensure that the average thickness does not exceed the specified thickness by more than 1/2 in (13 mm). c. If the basis of payment is per cubic yard (meter), and the average thickness for any mile (kilometer) increment exceeds the allowable 1/z in (13 mm) tolerance, the excess quantity in that increment will be deducted from the Contractor's payments. d. The excess quantity is calculated by multiplying the average thickness that exceeds the allowable 1/2 in (13 mm) tolerance by the surface area of the base, as applicable. E. Strength 1. Ensure that the strength of the completed cement -stabilized base course is at least 300psi (207OkPa), as determined from testing the unconfined compressive strength of cores from the completed course in accordance with GDT 86. 2. If a strength test falls below 300psi (207OkPa), do the following: a. Isolate the affected areas by securing additional cores every 75 feet (23m) on each side of the failing area. b. Average all compressive strengths in the affected area to determine the basis for corrective work according to the following table or the Engineer's directions. Compressive Strength Corrective Work 300 psi (2070 kPa) or greater None 200 psi (1380 kPa) to 299 psi (2069 kPa) 6" & 8" (150mm & 200mm) base — add 135lbs/yd2 (75kg/m2) asphaltic concrete Less than 200 psi (1380kPa) Reconstruct affected area Notes: 1) Ensure that a corrected area requiring asphaltic concrete is at least 150ft (45m) long and covers the full width of the cement -stabilized base surface. 2) Perform corrective work requiring asphaltic concrete or reconstruction at no additional cost to the Department. 301.4 Measurement A. Base Material Measure base material by the cubic yard (meter), loose volume, as specified in Section 109, during mixed-in— place construction when it is necessary to add materials to the roadbed or to build up the base with new material. B. Cement -Stabilized Base Course 56 Measure the surface length along the centerline when payment is specified by the square yard (meter). The width is specified on the Plans. Measure irregular areas, such as turnouts and intersections, by the square yard (meter). C. Portland Cement Measure Portland cement by the ton (megagram). D. Bituminous Prime Bituminous prime is not measured for separate payment. Include the cost of furnishing and applying bituminous prime according to the provisions of Section 412 in the Unit Price Bid for each individual base item. E. Coarse Aggregate Measure coarse aggregate by the ton (megagram). 301.5 Payment A. Base Material When it is necessary to add other materials to those in the roadbed, or to build up the base with entirely new materials, the added base materials, will be paid for at the Contract Unit Price per square yard (meter), complete, in place, and accepted. Payment will be full compensation for soil -cement material, mixing in the pit, loading, unloading, and spreading. B. Cement -Stabilized Base Course Cement -stabilized base, in-place and accepted, will be paid for at the Contract Unit Price per square yard (meter). Payment will be full compensation for roadbed preparation, mixing on the road, shaping, pulverizing, watering, compaction, defect repair, bituminous prime and maintenance. C. Portland Cement Portland cement will be paid for at the Contract Unit Price per ton (megagram). Payment is full compensation for furnishing, hauling, and applying the material. Only Type I or Type 11 Portland cement incorporated into the finished course will be paid for and no payment will be made for cement used to correct defects due to the Contractor's negligence, faulty equipment, or error. D. Coarse Aggregate Coarse aggregate will be paid for at the Contract Unit Price per ton (megagram). Payment is full compensation for furnishing, hauling, spreading, watering, shaping, and compacting the material. Payment will be made under: Item No. 301 Base—including material Per cubic yard (meter) Item No. 301 Cement Treated Base Course Per square yard (meter) Item No. 301 Type I or Type II Portland Cement Per ton (megagram) Item No. 800 Coarse Aggregate – including material Per ton (megagram) PROSECUTION AND PROGRESS The City desires to have all work completed by October 31, 2011. Please indicate on the Bid Sheet your projected response time and calendar days to complete the project. This information will be considered when awarding this contract. Construction shall begin no later than 10 calendar days following the Notice to Proceed. The Contractor will mobilize with sufficient forces such that all construction identified as part of this contract shall be substantially completed within the calendar days indicated on the Bid Schedule. Inclement weather days will not count against the available calendar days. 57 Normal workday for this project shall be 9:00 am to 4:00 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on City recognized holidays including Labor Day. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the contractor at his expense prior to issuance of Final Acceptance. 10% retainage will be held from the total amount due the contractor until Final Acceptance of work is issued by the City. The contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. The scope of work includes pulverizing the existing pavement; constructing a stabilized base; installing topping; and as further described in the project specifications. The deceleration lanes into subdivisions and business' will not require full depth reclamation, but will require edge milling to tie-in properly to curbs and side streets. PERMITS AND LICENSES The contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. QC/QA TESTING OF MATERIALS The Contractor will be responsible for all quality control testing (sampling, testing, and inspections) of materials incorporated into the project. All materials and workmanship shall meet appropriate GDOT specifications. Materials quality control testing types will meet GDOT specifications at a frequency equal to or exceeding that set by those specifications. Contractor shall secure the services of a GDOT qualified geotechnical testing firm to perform all required tests. Test results shall be provided to the City promptly as the work progresses. Tests shall meet GDOT Specs for type, method, and frequency. This work shall be considered incidental to the rest of the work and no separate payment will be made. Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. DEVIATION OF QUANTITIES The quantities given are estimates only and will vary from those indicated. Payment will be made based on actual quantities of work completed and accepted. The City reserves the right to add or delete quantities at any time. Contractor will notify the City in writing if additional items are identified or quantities of contract items will exceed plan. At no time will contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. UTILITIES Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. TEMPORARY TRAFFIC CONTROL The contractor shall, at all times, conduct his work as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 107.09 and 150. Traffic whose origin and destination is within the limits of the project shall be provided ingress and egress at all times unless otherwise specified by the City. The ingress and egress includes entrances and exits VIA driveways at various properties, and access to the intersecting roads and streets. The contractor shall maintain sufficient personnel and equipment (including flaggers and traffic control signing) on the project at all times, particularly during inclement weather, to insure that ingress and egress are safely provided when and where needed. Pilot vehicles will be required during all FDR work and placement of bituminous surface treatment or asphaltic concrete on two-lane roadways unless otherwise specified. Pilot vehicles shall meet the requirements of the MUTCD. Two-way traffic shall be maintained at all times unless otherwise specified or approved by the City. In the event of an emergency situation, the Contractor shall provide access to emergency vehicles and/or emergency personnel through or around the construction area. Any pavement damaged by such an occurrence will be repaired by the Contractor at no additional cost to the City. The contractor shall furnish, install and maintain all necessary and required barricades, signs and other traffic control devices in accordance with the latest MUTCD and GDOT specifications, and take all necessary precautions for the protection of the workers and safety of the public. The contractor shall provide 4 variable message boards to be placed at the direction of the City. All existing signs, markers and other traffic control devices removed or damaged during construction operations will be reinstalled or replaced at the contractor's expense. At no time will contractor remove regulatory signing which may cause a hazard to the public. The Contractor shall, within 24 hours place temporary pavement markings (paint or removable tape) matching existing pavement markings on milled or patched pavements. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will not be paid for separately and shall be incidental to other pay items. 59 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and screened topsoil shall be placed in all disturbed areas before grassing. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The contractor shall correct all disturbed areas before retainage will be released. PAVEMENT MILLING The milling equipment shall be a power driven, self-propelled machine which is specifically designed to mill and remove a specified depth of existing asphalt paving. The equipment shall be of size, shape and dimensions so as not to restrict the safe passage of traffic in areas adjacent to the work. Conveyors capable of side, rear or front loading shall be provided together with the necessary equipment to transfer the milled material from the roadway to a truck. Dust control shall be such as not to restrict visibility of passing traffic or annoy adjacent property owners. Decel lanes into subdivisions will not require full depth reclamation unless directed by the city. In these and any other areas not identified for reclamation, the contractor shall provide profile milling for the entire width of the decel lane. The contractor shall also mill side streets to provide an adequate tie-in. The side streets shall be milled from the edge of travel lane to the radius point of the side street or up to a maximum 15' of the travel lane, unless otherwise specified by the city (Potterstone Subdivision). The contractor shall also mill across the whole roadway at the beginning and ending limits of the project to provide an adequate tie-in with existing pavements. The depth of milling throughout the project will be 2" unless otherwise directed by the City. Topping shall be tapered/feathered so as to tie into existing driveways with the best possible ride and aesthetic result. Tie-ins shall be marked on the ground and approved by the City prior to paving. Areas where no curb exists are not to be milled except to provide adequate tie-in with existing pavement. The milling operation shall provide a pavement surface that is true to line, grade and cross-section and of uniform texture. A ten foot straightedge shall be maintained in the vicinity of the milling operation at all times for the purpose of measuring surface irregularities of the milled pavement surface. The contractor shall provide the straightedge and labor for its use. All irregularities in excess of 1/8" in 10' shall be remilled at no additional cost. The finished cross slope shall be uniform to a degree that no depressions or misalignment of slope greater than 1/4" in 12' are present when tested with a straightedge placed perpendicular to the centerline. The finished pavement surface will be subject to visual and straightedge inspection. The Contractor shall be responsible to repair any damage to existing curbs, aprons, and driveways caused by the Contractor's operations at no additional cost to the City. All material generated as a result of the milling operation shall become the property of the contractor. The milled material shall be stockpiled, recycled and utilized by the bidder as a means to offset the unit cost of patching. After milling is completed all loose and flaking masses of asphalt shall be removed. The contractor and City shall measure all work and determine the total pavement area in square yards, to establish the basis of payment for the milling work. ROAD WIDENING AND SHOULDER CONSTRUCTION On Freemanville Rd and Thompson Rd the contractor will box out the shoulder to a depth of 10 inches and width of 2 feet for widening on each side of the road. All boxed out areas shall be filled to the level of the edge of pavement at the end of work each day. All unsuitable and excess material shall be removed from the jobsite at the contractor's expense within 7 calendar days. The shoulder area shall be top dressed with screened topsoil before grassing and all asphalt chunks and rocks shall be removed. Cost of shoulder backfill, reconstruction, and grassing shall be considered incidental to the work and included in the bid price for other pay items. All disturbed areas shall be mulched and grassed in accordance with GDOT Specifications, Section 700 within 7 calendar days from the time of completion of each project segment. All rock added, if needed to supplement material, will be spread from the tailgate to the depth of 1.5 inches over the entire in-situ asphalt and uniformly mixed. After mixing the mixture will be pushed into the void created by the box out crew. The finished base course mat shall be 26 feet wide and the asphalt mat shall be 25 feet wide with a 30 — 35 degree angled fillet (Safety Edge) along each side of the roadway. Contractor shall provide a smooth transition from the finished paved surface to all existing driveway aprons. In any area where widening effects concrete driveways these driveways shall be saw cut for removal at the new roadway width. Cost shall be incidental to the work. 61 BITUMINOUS TACK COAT This work shall consist of the placement of bituminous tack on areas that do not get full depth reclamation. AC -20 or AC -30 shall be used. All surfaces shall be cleaned completely and thoroughly before any tack is applied. Tack shall not be applied when the pavement is wet. Bituminous tack coat shall be applied between .03 to .06 gallons per square yard. PAVEMENT MIX DESIGN The contractor shall construct a stabilized base by pulverizing the existing pavement to a depth of 10" and mixing with Portland cement to a depth of 10". The cement spread rate shall be determined by the contractor and submitted to the City for approval. Contractor shall include the addition of RAP or GAB for the shoulder widening in the mix design. The topping layer shall consist of 2" of 12.5mm superpave (GP 2 only, including H lime) asphalt. The plant mix materials from which the asphaltic pavement is manufactured and the plant at which it is manufactured shall meet the requirements of the State of Georgia Department of Transportation (GDOT), Standard specifications, Articles 820; 802; 883; 831; 828; and 882. Load tickets that meet Georgia Department of Transportation Specifications must accompany all delivered materials. The Contractor must supply copies of all asphalt tickets to the City on a daily basis. The most current version of the GDOT Specifications and Special Provisions apply, including but not limited to sections 400 (including off -system Special Provision) and 301Cement Stabilized Reclaimed Base Construction. Please refer to the GDOT website for the most current versions of the Specifications and Special Provisions. SUBGRADE STABILITY To limit the likelihood that isolated zones of unstable soils are present, the contractor should proofroll the subgrade prior to mixing. Proofrolling shall consist of applying repeated passes to the subgrade using a heavily -loaded rubber -tired vehicle. Any materials judged to deflect excessively under the wheel loads should be undercut to more stable soils. The undesirable materials shall be removed and replaced with stabilizer aggregate (graded aggregate base) and mixed with the Portland cement. This work shall be paid for by the ton of stabilizer aggregate. THERMOPLASTIC PAVEMENT MARKINGS This work shall consist of placement of Thermoplastic Pavement Markings. Final (thermoplastic) pavement markings shall be placed at least 14 calendar days but no more than 60 calendar days after placement of final asphalt lift. These final pavement markings shall match the original pavement markings including center lines, lane lines, turn arrows, crosswalks, stop bars, etc. 62 r unless specifically directed otherwise by the City. Final pedestrian crosswalk markings shall adhere to the latest standards. Pavement marking materials shall meet GDOT standard specifications and be on the qualified products list. New thermoplastic crosswalks will be added at the following locations outside the work locations: • Across Morris Rd at the intersection with Deerfield Pkwy. • Across Morris Rd at the intersection of Webb Rd. • Across Deerfield Pkwy at the intersection of Webb Rd. The Contractor shall install temporary paint pavement markings on the reclaimed base course prior to re -opening the roadway until topping is installed. Temporary paint shall also be used on the completed topping course while awaiting the thermoplastic striping. This work will be considered incidental and should be included in the lump sum bid for Traffic Control. CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the contractor fails to accomplish restoration and clean-up within an acceptable period of time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work. 63 BID PRICE CERTIFICATION BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY ADDRESS AUTHORIZED SIGNATURE PRINT / TYPE NAME M DISCLOSURE FORM BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your Bid package when it is submitted. Name of Bidder Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: 65 SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Release of ITB Date: 6/13/2011 Pre -Bid meeting 6/17/2011 @ 10:00 AM Pre -Bid Meeting is highly encouraged but not mandatory. Pre-bid meeting will be held at the City of Milton City Hall: 13000 Deerfield Pkwy Milton, Ga. 30004 Deadline for Written Questions 6/22/2011 @ 5:00 PM *Submit via E -Mail (preferred) or Fax to Rick Pearce of Purchasing Office City of Milton Addendum (on or about) 6/24/2011 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) Bids due 6/30/2011 @ 2:OOPM Bids are due to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite -107G Milton, Ga. 30004 Contract Award (On/about) Notice to Proceed Issued •• 8/01/2011 8/02/2011 rD ro 15 Pre Bid meeting date revised City of Milton ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 11-PW2 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.uearce@cityofmilton$!a.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature Date ADDENDUM #1 ITB 11-PW2 Announcement: Ne Bid meet10:00 am. The location of the bid ineeting, remains the same: Milton City Hall Court Room, Suite 107E 13000 Deerfield Pkwy Milton, Ga. 30004 All other dates within the bid_packy, shall remain the sae. g , in Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.pearce@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFB. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature Date ADDENDUM #2 I I WIN I 0Y►a Additional questions and answers after the Pre bid meeting: Is there any cover up time requirement on the milling (i.e. same day, 3 day, etc.) Answer: Temp striping to provide positive guidance and a smooth transition on and off the milling surface is required for any milled area that is not to be covered that same day. No road section shall be left uncovered for more than 5 business days. The Project Description for Webb Rd and New Bullpen Rd state to Mill 2", patches, and overlay 2". Description of Pavement Milling on page 60 states "Areas where no curb exists are not to be milled except to provide adequate tie-in with existing pavement". Webb Rd is mostly curbed with a few small areas of no curb. New Bullpen Rd has no curb at all. Which description is the contractor to go by; mill and inlay all areas per Project Description or mill only curbed areas per Pavement Milling Description? Answer: On New Bullpen Rd and Webb Rd the entire road surface is to be milled 2". Will Webb Rd or New Bullpen Rd require any Shoulder Reconstruction after the Asphalt Overlay? Answer: Yes and it is considered an incidental cost. ITB 11-PW2 City of Milton FY11 Reconstruction & Resurfacing Projects Thompson Rd., Freemanville Rd., Webb Rd. & New Bullpen Rd. Pre -Bid Meeting Answers in yellow are different than what was said at the pre bid meeting Date: June 21, 2011 Begin Time: 10:00 AM Facilitators: Rick Pearce, Purchasing Coordinator Carter Lucas, Public Works Director Matt Fallstrom, Public Works Superintendent Scribe: Sudie Gordon, City Clerk Carter: Good morning. This is our pre-bid meeting for our fiscal year 2011 reconstruction projects. Matt, as usual is going to be doing our construction management on this project. Hopefully, you all have had a chance to go through the bid package. Our pre- bid is a little bit different this time in that we are recording it so if you have any questions, we are going to ask you please speak into the microphone. The chord is not long enough to pass around. Any questions? Rick: Let me just add one thing. What we are going to answer today is unofficial. The official answers will come out in the Addendum. Tomorrow is the deadline for questions so even if you have questions after today, you can still submit them to me via e-mail but tomorrow we are going to keep with the same schedule that we originally have in there. So, anything we do answer today will be unofficial but the official will come out with the Addendum. Carter: So this project has a couple of different components. We have road reconstruction, South Thompson from where we finished off last year down to Webb Road. Freemanville, we are going to be coming up from Providence to the big bridge over Chicken Creek on Freemanville Road. Those will be complete FDR projects. We have mill overlays on Webb right out here. That project is going to go from Morris Road all the way over to Cogburn Road and then New Bull Pen Road up on the north side of town from the county line over to 372. The other component of this project is we had some roads, some of our gravel roads, cement stabilized a few years ago and we have to do some maintenance on those so that component will be to pulverize those cement stabilized roads to get us back to a typical gravel road section on a portion of Reynolds Road and Nix Road up on the north side of town. Wayne Boatright — Atlanta Paving & Concrete Wayne: On the existing cement stabilized roads where we have to go back and do remediation work, is that going to be a continuous section or is it going to be small segments of roadway, a spot, here, a spot there? Carter: They are continuous. Nix is ..... what is the length on Nix? Matt: Nix is about nine -tenth's of a mile and it is gravel, asphalt apron into asphalt apron on each and then _Brittle Rd , we are looking into the neighborhood of one-half mile and that would be from the Summit/Brittle Road back to Bethany Road. Wayne: So it would be the full length of the roadway. Matt: Yes. Nix Rd will be done in its entirety and Brittle Rd from Bethany Rd ending at the intersection Summit Rd/Brittle Rd. This is not the full length of Brittle Rd but is one continuous stretch of Brittle. Donald Stewart — Stewart Bros., Inc. Donald: Will there be any kind of removal for the full depth reclamation to accommodate the new asphalt coming in? Matt: The idea we are looking at is instead of doing an asphalt removal beforehand, box it out, the two foot ... the widening section, pulverize and use some of that material to fill in your box out in lieu of haul off. Donald: Okay, thank you. Matt: There is additional striping in this too. I don't know if you saw that, where we are doing some ADA improvements at a later date. There will be cross -walks installed at Morris and Deerfield, it's called out in here but Morris and Deerfield, Webb and Morris, and then out here at this intersection of Deerfield and Webb. We have some drawings of those that we can submit at some point, if needed. Illustrations Below Wayne Boatright — Atlanta Paving & Concrete Wayne: On your FDR specs, where you address your equipment, it is my interpretation that reading this spec is that you going to allow something less than an eight foot reclaimer. Is that a fair statement, or not? Matt: So you are asking, if we will allow something less than an eight foot? Wayne: Yes. Matt: We would have to consider that ............ I'd have to ............ Carter: I think it says we would consider it, if it worked within ............ Wayne: Well, that's my question, would you consider it, is that going to be permissible or will it be permissible? Carter: Our preference would be that it would be eight foot. If it is less than eight foot, I think you would have to show that it works into your traffic management plan and your construction plan. If you are proposing something less than that, but it's going to take you six more weeks to finish the job, then we would question it. If you can show that it works into your plan, then it would be acceptable. Matt: Has your machine changed? The same one that was used on Morris. Wayne: Inaudible response. (Wayne spoke from the audience and was not at podium/microphone). End Time: 10:09 AM This is the answer to Wayne's question and will replace the requirement sentence on page 51 of the hid document. Mixing/Reclaiming Equipment The mixer/reclaimer shall be a minimum 8 ft cutting width a minimum of 650 hp, be a self propelled rotary mixer/ reclaimer capable of mixing in place to a minimum depth of 1,2 in with , should be used. The cutting drum should be fitted with cutting teeth capable of trimming earth, aggregate and bituminous mixtures, and so designed that. they may be accurately adjusted vertically and held in place. The machine shall not weigh less than 25,000 lbs (11,363 kg) and shall have such strength and rigidity that it will not develop a center deflection of more than 1/8 in (3 mm), mise harrows, bucket teeth and other equipment that does'not meet the above requirements are not to be used for Full Depth Reclamation. If using bituminous materials as the stabilizing agent, the mixer/ reclaimer shall befitted with an integrated additive injection system capable of introducing the bituminous stabilizing agent in the cutting drum during the mixing process. Motor Grader A motor grader for pre -shaping, aerating, spreading and final shaping of the material is necessary. The motor grader shall have a cross slope indicator. Compaction Equipment A vibratory padfoot roller with 84 inch wide drum and 12 ton minimum weight is required. A pneumatic tire roller with 25 ton minimum weight is required. A double drum vibratory steel roller with 10 ton minimum weight with water spray system is optional. If the reclamation depth is 4 inches or less, then a padfoot roller is optional. If no padfoot roller is used, then the pneumatic roller shall be 25-ton minimum weight with water spray systern No Text No Text No Text CITY OF MILTON IQrCity of Milton INVITATION TO 1111D L�5f (THIS IS AN ORDER) Bid Number- Project Name: 11-PW2 I FY11 Reconstruction & Resurfacing Projects (Thompson Rd, Freemanville Bid Number: 11-PW2 Rd, Webb Rd, & New BuIIpen Rd Due Date and Time: Attn: Rick Pearce, Purchasing Office June 30'h, 2011 Number of Pages: 66 Local Time: 2:00pm Milton, Ga. 30004 I:. ISStqNG DRPARTMVNT UNMRMATMN Issue Date: June 13th 2011 . ... .......... .......... . .. . ....... . ............ . . .. . .......... City of Milton Public Works Department 13000 Deerfield Pkwy, Suite 107G Milton, Ga. 30004 W014 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityotmiltongams INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bid Number: 11-PW2 City of Milton Name of Company or Firm Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkmy Suite 107G Special Instructions: Deadline for Written Questions Milton, Ga. 30004 June 22'h, 2011, 5 pm Email(preferred) questions to Rick Pearce at tick.pearce0cityofmiltonga.us or Fax questions Attn: Rick Pearce at 678-242-2499 DNTPORTANT� a , �,$EE STA�NDARD TERMS ANPCOiNDITIO',NTS,,��,,-,,."--,,' st utacier Name/Adclress:I -,Autri ortz 0 bidder 6ignalory: �7. - C ' —C 0� (Please t name and sign in in preSident Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDI3R&MUST RETURNTHIS COVER SHEET WITH BBD RFSPONSF Table of Contents Topic Pa�,,,e Definitions I Invitation to Bid 4 Bid Form 5 Bidding Instructions (What must be submitted) 7 Insurance/Bond Requirements 7 Bonds 9 .Bid Payment Performance Maintenance Qualifications Signature and Certification 21 Corporate Certificate 21 List of Subcontractors 21 Contract Agreement 23 General Conditions 42 E.PD Air Quality Rules 47 Bid Schedule 48 Project Specifications 49 Bid Price Certification 60 Disclosure form 61 Schedule of Events 62 Site Map 63 DEFINITIONS COMPW: City of Milton Public Works Department GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Lineal Feet LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Unifonn Traf ,fir Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal. Highway Administration AASHTO: American Association of State Highway and Transportation Officials 3 CITY OF MILTON Invitation to Bid 11-PNV2 The City of Milton is accepting sealed bids from qualified firms for a Reconstruction & Resurfacing Project for the Public Works Department in conforn-lance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation's (GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on June 30'h, 2011. Sealed bids shall be submitted to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 1.07G Milton, Ga. 30004. At approximately 2:10 PM Local Time on June 30th, 2011 bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton Courthouse 13000 Deerfield Parkway Suite 107E Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (I I -PW2) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email (preferred) Rick Pearce at rick.pearce@cityofmiltongams or fax questions to 678-242-2499 Attn: Rick Pearce. Deadline for questions is June 22h, 2011 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about June 24'h, 2011. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Did (I I -PW2) and bid name (FYI I Road Reconstruction & Resurfacing Project (Thompson Rd, Freemanville Rd, Webb Rd & New Bullpen Rd) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days after the "Notice to Proceed" is issued. The time of completion for the project is ninety (90) calendar days from the date of the "Notice to Proceed." If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. 4 BID FORM BIDDERS MUST RETURN' THIS SHEET WITH BID RESPONSE TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in. the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 1 1-PW2 FYIO Road Reconstruction & Resurfacing Project (Thompson Rd, Freemanville Rd, Webb Rd & New Bullpen Rd) The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia 1� Department of Transportation Standard Specifications, Construction of Transportation Systeyns (current edition). All materials used in the process of completion of the work included in the Contract will be furnished from Georgia. Department of Transportation certified suppliers only. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to fumish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within. ten (10) calendar days from receipt of Notice to Proceed and to complete all. Work within ninety (90) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE Attached hereto is an executed Bid Bond in the amount of -S-7Dollars ($ (Five Percent of Amount Bid), If this bid shall. be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. ZL— Date viewed 6/2- e1141 Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, seated, and dated this day of Bidder Bidder Mailing Address: .. ........ ..... Company Name By: ga-le- 'Cronauer Title: President By: Title: z BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: 1, Filled out and signed Invitation to Bid (Page 1) 2. City Bid Schedule (Page 48), City Bid Form (Page 5), and City Bid Bond (Page 9) 3. Applicable Compliance Specifications Sheets, and 4. Applicable Addenda Acknowledgement, (Page 6) 5. Qualification Signature and Certification (Page 21) 6. List of Subcontractors (Page 22) 7. Bid Price Certification (Page 64) 8. Disclosure Form (page 65) 9. Qualification sheet listing projects that meet the experience requirement along, with references (as stipulated on Page 51). Use your own form. INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a unit price, not to exceed "purchasing contract" with one firm to be the primary supplier of the FYI 1. Road Reconstruction & Resurfacing Project (Thompson Rd, Freemanville Rd, Webb Rd & New Bullpen Rd) I I -PW2. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are included in the CONTRACT AGREEMENT (section K) below. 7 BONDING REQUIRFMFINTs Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract document-,, should the construction contract be awarded. The Successful Bidder shall be required to furnish bonds for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the contract price. The Successful Bidder shall also be required to furnish a Maintenance Bond, in the amount of one-third (1/3) of the contract price, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of one (1) year from the completion of construction. Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond, MOM D Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A PROPOSAL The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All, materials submitted in response to this ITB become the property of the City of Milton BID BOND CITY OF MILTON, GEORGIA BIDD - ER (Name and Address). BLOUNT CONSTRUCTION COMPANY, INC. 1730 -SANDS PLACE MARIETTA, GA 30067 SURETY (Name and Address of Princival Place of Business): TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, 1000 WINDWARD CONCOURSE, SUITE 100, ALPHARETTA, CA 30005 OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 BID BID DUE DATE: JUNE 30, 2011 PROJECT (Brief Description Including Location): BID NO. 11—PW2, FY10 ROAD RECONSTRUCTION & RESURFACING—PROJECT (THOMPSON RD, FREEMANVII:LE RD, WEBB RD & NEW BULLPEN RD). BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: FIVE PERCENT OF AMOUNT OF BID (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER BLOUNT CONSTRUCTION COMPANY, INC, . . ....... ... Bidder's Name and Cornoi Signature and. t-hle':"' Preside k;P *.'*--..- Ca Attest -.7- - Z7� SURETY TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA. (Seal) ,Soret me and Corporate Seal Signature and Title: TATE iWIGHT III ATTY—IN—FACT (Attach Power of Attorney) logers dent Attest.. s - Signature and 'Atle: SECRETARY Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. I. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. E 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Z_ C� - Bonds required by the Bidding Documents. 3. This obligation shall be null and void if. 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to, Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the C� Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia, 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to con -form to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern, and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect, 11. The term "Bid" as used here -in includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The ten -ns of this Bid Bond shall be governed by the laws of the State of Georgia. THIS POWER OF AM,, PONVER OFATTORNT-Y TRAVELERSJ F,ujugt,,uCasu2lty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty insurance L. 'nderwriters. We. St, Paul Fire and Marine Insurance Company St, Paul Guardian Insurance Company Attorney -In Fact No. 221263 St. Paul INIercury Insurance Company Travelers Casualty and Sorely Company "Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 1, 8 0 4 Certificate No. U U U KNOW ALL, MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company areL-cirporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company. and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut. that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is;a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc., is a corporation duly organized under the laws cif the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint 'ate Wright III, and Cheryl Breitbach of the City of____AdNils . . ........ __ ........... .......... . . ..... . .... ........................ . .. eqr J�L . ...... . ...................... . . ...... . . .. . ...... .......... .... I(L _g , their true and lawful Attorneys each in their separate capacity if more than one is named above. to sign, execute. seal and acknowledge any and all bonds, recognizances. conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed. this W� day of May 20 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwnters. Inc. St. Paul Fire andlMarineInsurance Company St. Paul Guardian Insurance Company State of Connecticut City of Hartford ss. St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company RA SEAL' By: Ge-q4T]tompsom nioT %ice Prcsideor On this the -,- 27th day of May 2009 . before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farriiington Casualty Company, Fidelity and Gumanty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company. St. Paul Guardian insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Coympany of America, and United States Fidelity and f1marAnty Company, and that he, as such, lwPing aurthori-zed fo to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. eMy In Witness Wre hereof, I hereunto set my hand and official seal. WA�l C. Toreault, Notary Public Commizsion expires the 30th day of June, 2011. 58440-4-09 Printed in U, .A. WARNING: THIS POWER OF ATTORNEY IS INVALID it THE REA) BORDER QUALIFICATIONS SIGNATURE AND CERTIFICATION BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil. damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et ecl. have I not been violated and will not be violated in any respect. �L- Authorized Sig,matur ' te Dale J*n . Cauer Print/Type Name lAnnt Print/Type Company Name Here BLOUNT CONSTRUCTION, INC. CORPORATE CERTIFICATE I, TA- ^-, , -,certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid-, that i2_+L_C9 who signed said bid in behalf of the Contractor, was then (title} of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of 6c=am --4,0A This day of . . .... ... -, 20 I( 21 LIST OF SUBCONTRACTORS BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE I do t--' I do not -, propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name:-A.�� 14 ".14- 22 BID SCHEDULE BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE ITEM ITEM UNIT TOTAL NUMBER DESCRIPTION UNITS QUANTITY PRICE AMOUNT 150-1000 Traffic Control LS 1 � 0 Z11 301-2190 Cement Stabilized Bass 10" SY 60,000 301-5000 Portland Cement TN 1,400 t3 '--f Q 310-1101 Or Aggr Base Cis TN 2,200 LJ' S-0 sca'n' Recycled Asphalt Concrete Patching including Bituminous 402-1802 Material & H Lime TN 2,100 Recycled Asphalt Concrete Leveling 402-1812 4 in. TN 1,500 Recycled Asphalt Concrete 12.5 MM Superpave GP 2 Only Including Bituminous Material and H -Lime 2 '-x 402-3130 In. TN 9,800 413-1000 Bituminous Tack Coat OL 3,400 3 - Mill Asphalt Concrete Pavement, 2 432-0208 in Depth SY 43,000 550-2240 Side Drain Pipe 24" LF 20 Safety End Section 24", Side Drain, 550-3424 4.1 slope EA I C> -t, Thermoplartic Pavement Marking 653-0120 Arrow, Type 2 EA 32 Thermoplastic Pavement Marking Arrow, Type 3 (combined thru and 653-0130 turn) EA a Thermoplastic Solid Traffic Stripe, 653-1704 24" White LF 400 -n C� Thermoplastic Solid Traffic Stripe, 653-1804 8" White LF 5,000 653-2501 Thermoplastic Solid Stripe, 5" White LK, 9Z SS -0 - 0 ZZ Thermoplastic Solid Stripe, S" 653-2502 Yellow LIVI 9 653-4501 Skip Traf Stripe, S" White LF 2,000 Thermoplastic Solid Traffic Stripe, 653-6004 8" White SY 1,150 3. Z -S- IS - 3:�# ..S Thermoplastic Thermoplastic Solid Traffic Stripe, 653-6006 3 8" Yellow SY 2,300 44 Total Bid Price /, 41 'P -2- . 2- 5 Z , Fill. out "Unit Price" column, "Total Amount" column, and "Total Bid Price" Actual price to the City will be based on actual quantity multiplied by the bid "Unit Price". Number of days to cornplete project (exclude weather related days) 14( P --4 ' e fly WE Dale J, Cronauer President PROJECT SPECIFICATIONS PROJECT DESCRIPTION The City of Milton Public Works Department (City) requests for interested parties to submit formal sealed bids/proposals for the full depth reclamation and resurfacing project. The project segment locations are, described as follows-. • FDR of S. Thompson Rd—beginning at 14495 Thompson Rd, tie to end ofFY.1.0 reconstruction, and ending at Redd Rd. The entrance to Potterstone subdivision, Scottlandwell Place, will be milled and overlayed to a point 50 feet from the edge of the travel lane of Thompson Road. • FDR. of Freemanville. Rd — beginning at Providence Rd and working in a northerly direction ending at the bridge of Chicken Creek. The intersection shall be milled and overlayed as directed by the city. At the Providence intersection the headwall on the south west comer will be removed and a 10' section of 24" CMP will added, This area will be backfilled and rocked and prepped for asphalt to improve the turn radius. • Resurfacing of New Bullpen Rd from SR 372 ending on the western side of the bridge located on the Cherokee county line. Mill 2", patch as needed and overlay with T' of 12.5mm superpave. • Resurfacing of Webb Rd from Morris Rd to Cogburn Rd. The work will skip over a portion of the new asphalt placed around the SR9 area of the project. Mill 2" and patch as needed, overlay 2" 12.5 mm superpave. At the intersection of Deerfield Pkwy y0ii will mill 200 feet in all directions including the turn lanes and overlay 2 inches with 12.5 mm superpave on Deerfield Pkwy, ■ Return Nix Rd and Part of Brittle Rd to gravel road. These roads where cement stabilized to a depth of 6". Pulverize these roads to a depth of 8" and tailgate spread GAB as needed prior to pulverization. The extent of the work will extend from SR 372 to Freemanville Rd on Nix Rd and from Bethany Rd to Summit Rd on Brittle Rd. This project shall follow Georgia Department of Transportation Specifications. The most current GDOT Specifications and shelf Special Provisions apply to all work performed under this contract. In case of discrepancy between the unit price and the total price on the completed Bid Schedule, the unit price will prevail and the total price will be corrected. To bid on this contract, the Contractor must be listed on the current Georgia Department of Transportation Pre -Qualified Contractors list. No exceptions. Additionally, vendor must have a minimum of 5 verifiable years experience on Full Depth Reclamation with cement as the additive or a minimum of 10 lane miles of experience with a city or county on Full Depth 50 Reclamation with cement as the additive; and, an 8 -foot wide reclamation machine would be desired but other widths may be acceptable. The contractor shall submit with the bid a qualification sheet listingprojects that meet the experience requirement along with references. List should include project date, location, lane miles, description, and contact info. SPECIAL PROVISIONS All work associated with this contract shall meet the Georgia DOT standard specifications for construction materials, methods and procedures not specifically listed in this solicitation. The following are special provisions prepared specifically for this contract and ►nay be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications, 51 August 25, 2003 Georgia Department of Transportation Special Provision Section 301 --Soil Cement Retain Section 30.1 and add the following: Section 301 --Cement Stabilized Reclaimed Base Construction 301.1 General Description This work includes constructing a cement stabilized base course by pulverizing the existing pavement structure and mixing with Portland cement to the depth specified an the plans. Construct according to these Specifications and to the lines, grades, thickness, and typical cross-sections shown on the Plans or established by the Engineer. 301.1.01 Related References A. Standard specifications .Section 412—Bituminous Prime Section 800—Coarse Aggregate Section 814—Soil Base Materials Section 821—Cutback Asphalt Section 830 --Portland Cement Section 880—lVater B. Referenced Documents General Provisions 101 through 150 GDT Test Methods GDT 19 GDT 21 GDT 65 GDT 86 GDT 20 GDT 59 GDT 67 301,1.01 Submittals Before constructing a test section according to Subsection 301.3.04.E.1, submit a Construction Work Plan to the Engineer. Include proposed equipment and proposed compaction procedures. Af the Engineer determines that the Work Plan is not satisfactory, revise the compaction procedure and augment or replace equipment, as necessary, to complete the Work. 301.2 Materials Ensure that materials meet the requirements of the following Specifications: ...._.. ....._ ............ ......... Material section Blotter material (sand) 412.3.05_G.3 Coarse Aggregate 800 52 Soil Base Material 814.2.02 Cutback asphalt, RC -30, RC -70, RC -250 or MC -30, MC -70, MC -250 821.2.01 Portland Cement (Type I or Type 11) . . . . .. .. . ....... . . .......... 830.2.01 Water 880.2.01 301.3 Construction Requirements 301.3.01 Personnel Ensure that only experienced and capable personnel. operate equipment. 301.3.02 Equipment Use equipment that has been approved by the Engineer before construction begins. Provide equipment in satisfactory condition capable of continuously mixing materials (pavement structure, soil, water, and cement) to a consistent depth. Use equipment capable of providing a homogenous blend. 301.3.03 Preparation Loosen and pulverize the in-place pavement structure to the width and depth to be stabilized without damaging the underlying materials. Add water to assist pulverization if necessary. 301.3.04 Construction L Weather Limitations 1. Mix cement -stabilized base only when the weather permits the course to be finished without interruption within the time specified. 2. Mix materials only when the moisture of the materials to be used in the mixture meets the specified limits. 3, Begin mixing only when the air temperature is above 40T (4PQ in the shade and rising, 4. If the work is interrupted for more than two hours after cement has been added, or if rain increases the cement's moisture content outside the specified limits, the affected area of completed cement -stabilized base course will be tested for unconfined compressive strength, in accordance with Section E - Strength. 2. Moisture Adjustment Adjust the moisture content of the roadway materials to within 100 to 120 percent of the optimum moisture immediately before spreading the cement. The optimum moisture content is determined by the Job Mix Design and can be adjusted by the Engineer. 3. Cement Application L Uniformly spread the required amount of Portland cement with a cyclone -type mechanical. spreader or its equivalent. Do not use pneumatic tubes to transfer the cement from the tanker directly onto the material to be stabilized. 2. Apply cement at the rate specified on the Job Mix Design (as established by GDT -65) and mix to the depth shown on the Plans. The Engineer may alter the spread rate during the progress of construction if necessary. Maintain the application rate within + 10 percent of that specified by the Engineer. 3, Provide both equipment and personnel to measure the application rate of cement placed. 4. Apply cement on days when wind will not interfere with spreading. 5. If the cement content is below the 10 percent limit in the mixing area, add additional cement to bring the affected area within the tolerance specified and recalibrate the mechanical spreader's spread rate. If the cement content is more than the 10 percent limit: in the mixing area, the excess quantity will he deducted from the Contractor's pay for cement. 6. Regulate operations to limit the application of cement to sections small enough so that all of the mixing, compacting, and finishing operations can be completed within the required time limits. 7. Pass only spreading and mixing equipment over the spread cement and operate this equipment so that it does nut displace cement. W, 8. Replace damaged cement at no cost to the Department when damage is caused by: ■ Hydration due to rain, before or during mixing operations. • Spreading procedures contrary to the requirements stated above. • Displacement by the Contractor's equipment or other traffic. 9. Do not spread cement on any areas that "pump" under construction traffic. D. Nfixing 1. Begin mixing as soon as possible after the cement is spread, and continue until a homogeneous and uniform mixture is produced. Make any necessary changes to meet the Engineer's requirements if the equipment does not produce a bomogeneous and uniform mixture conforming to these Specifications. 2. Continue pulverizing until the base mixture is uniform in color and conforms to the following gradation requirements 1. 95 percent passing the 2 inch (50mm) sieve 2. 55 percent of the roadway material, excluding gravel, passes the No. 4 (4.75mm) sieve. 3. Add water as needed to maintain or bring the moisture content to within the moisture requirements immediately after the preliminary mixing of the cement and roadway material. 4. Mix the additional water homogeneously into the full depth of the mixture. E. Compaction and Finishing; 1. Test Section 1. Use the first section of each constructed cement -stabilized base course as a test section, 2. Construct a test section between 350 feet (100rn)and 500 feet (150m) long at the designated width. c. The Engineer will evaluate compaction, moisture, homogeneity of mixture, thickness of stabilization, and finished base surface. If the Engineer deems necessary, revise the compaction procedure or augment or replace equipment. 2. Tithe Limits a. Begin compaction within 45 minutes from the time water is added to the cement mixture. b. Complete compaction within 2 hours. c. Complete all operations within 4 hours, from adding cement to finishing the surface. d. Do not perform vibratory compaction on materials more than 90 minutes old, measured from the time cement was added to the mixture. 3. Moisture Control During compaction, ensure that the moisture is uniformly distributed throughout the mixture at a level of between 100 and 120 percent of the optimum moisture content. 4. Compaction Requirements a. Use a steel wheel roller for initial compactive effort unless an alternate method is approved by the Engineer. b. Compact the cement -stabilized base course to at least 98 percent of the maximum dry density established on the Job Mix Design. c. Uniformly compact the mixture and then shape to the grade, line, and cross- section shown on the Plans. d. Remove all loosened material accumulated during the shaping process. Do not. use additional layers of cement -treated materials in order to conform to cross-sectional or grade requirements. e. Use a pneumatic -tired roller to roll the finished surface until it is smooth, closely knit, and frce from. crack-, or deformations, and conforming to the proper line, grade, and cross-section, f. In places inaccessible to the roller, obtain the required compaction with mechanical tampers approved by the Engineer. Apply the same compaction requirements as stated above in Subsection 301.3.04.E.4. g. Perforin grading operations immediately after the placement and compaction operations. Roll the stabilized base course again with a pneumatic -fired roller. 54 F. Construction Joints I . Form a straight transverse joint at the end of each day's construction or whenever the Work is interrupted. 2. Create the straight transverse joint by cutting back into the completed Work to form a true vertical face free of loose or shattered material. 3. Form the joint at I east 2 feet (6(X)m.m) from the point where the spreader strike -off plate comes to rest at the end of the day's work-, or at the point of interruption. 4. Form a longitudinal joint as described above if cement -stabilized mixture is placed over a large area where it is impractical to complete the full width during one day's work. Use the procedure for forming a straight transverse joint. Remove all waste material from the compacted base. G. Priming the Base I. The surface of the completed base course must be moist cured until the bituminous prime is applied. 2. Apply prime only to an entirely moist surface. If weather delays prime application, apply prime as soon as the surface moisture is adequate 3. Apply bituminous prime according to Section 412 as soon as possible and in no case later than 24 hours after completion of the finishing operations. 4. Maintain and protect the curing seal for seven days. 5. Protect finished portions of the cement -stabilized base course that are used by equipment in the construction of an adjoining section to prevent marring or damaging of the completed Work. Protect the stabilized area from freezing during the curing period. H. Opening to Traffic I . Do not permit any traffic or equipment on the finished surface of the base course until the prime has hardened enough so that it does not pick up under traffic. For the first seven days after priming, restrict traffic to lightweight vehicles such as passenger cars and pickup trucks. Do not allow vehicles with an average axle load exceeding 20,000 pounds (9Mg) on the unfinished base at any time. 2. Correct any failures caused by traffic at no additional cost to the Department. I. Protection of Course Maintain the base course until the Engineer determines that it has sufficiently cured and is ready to be covered with the pavement course. Make repairs specified in Subsection 300.3.06.13, whenever defects appear. This preservation action does not relieve the Contractor of his responsibility to maintain the Work until final acceptance as specified in Section 105. 301.3.06 Quality Acceptance A. Compaction "Pests 1. Determine the maximum dry density from representative samples of compacted material, according to GDT 19 or GDT 67. 2. Determine the in-place density of finished courses according to GDT 20, GDT 21 or GDT 59, as soon as possible after compaction, but before the cement sets. B. Gradation Test Ensure, that the gradation of the completely mixed eement-stabilized base course meets the requirements of Subsection 301.3.04.D.2. C. Finished Surface Check the finished surface of the cement -stabilized base course transversely. 2. Check the surface using a 15 ft (4.5 in) straightedge parallel to the centerline. Additionally, use one of the following tools. tt. A template, cut true to the .required.cross-section and set with a spirit level on non-superelevated sections 1.) A system of ordinates, measured from a stringline 55 • A surveyor's level 3. Ensure that ordinates measured from the bottom of the template, stringline, or straightedge, to the surface do not exceed 112 in (12 atm) at any point. 4. Correct any variations from these requirements immediately according; to Subsection 300.3.06.b', "Repairing Defects. " C. Thickness Tolerances 1. Thickness Measurements Determine the thickness of the cement -stabilized base course, by making as many checks as necessary to determine the average thickness, but not less than one check per 1000 feet (300m) per 2 lanes. 2. Excess Thickness a. Determine the average thickness per linear mile (kilometer) from all measurements within each mile (kilometer) increment. • Ensure that the average thickness does not exceed the specified thickness by more than V2 in (13 mm). c. If the basis of payment is per cubic yard (meter), and the average thickness for any mile (kilometer) increment exceeds the allowable 1/2 in (13 rnm) tolerance, the excess quantity in that increment will be deducted from the Contractor's payments. d. The excess quantity is calculated by multiplying the average thickness that exceeds the allowable 1/2 in (13 mm) tolerance by the surface area of the base, as applicable. E. Strength 1. Ensure that the strength of the completed cement -stabilized base course is at least 300psi (2070kpa), as determined from testing the unconfined compressive strength of cores from the completed course in accordance with GDT 86. 2. If a strength test falls below 300psi (20700a), do the following: a. Isolate the affected areas by securing additional cores every 75 feet (23m) on each side of the failing area. b. Average all compressive strengths in the affected area to determine the basis for corrective work according to the following table or the Engineer's directions. Compressive Strength T Corrective Work 300 psi (2070 kPa) or greater None 200 psi (1380 kPa) to 299 psi (2069 kPa) 6.' & 8" (150mm & 200mm) base — add 135lbstyd2 (75kg/m2) asphaltic concrete Less than 200 psi (I38OkPa) Reconstruct affected area Notes: 1) Ensure that a corrected area requiring asphaltic concrete is at least 150ft (45m) long and covers the full width of the cement stabilized base surface. 2) Perform corrective work requiring asphaltic concrete or reconstruction at no additional cost to the Department. 301.4 Measurement A. Base Material Measure base material by the cubic yard (ureter), lapse volume, as specified in Section 109, during mixed-in— place construction when it is necessary to add materials to the roadbed or to build up the base with new material. B. Cement -Stabilized Base Course 56 Measure the surface length along the centerline when payment is specified by the square yard (meter). The width is specified on the Plans, Measure irregular areas, such as turnouts and intersections, by the square yard (meter). C. Portland Cement Measure Portland cement by the ton (megagram). D. Bituminous Prime Bituminous prime is not measured for separate payment. Include the cost of furnishing and applying bituminous prime according, to the provisions of Section 412 in the Unit Price Bid for each individual base item. E. Coarse Aggregate Measure coarse aggregate, by the ton (niegagrain), 301.5 Payment A. Base Material When it is necessary to add other materials to those in the roadbed, or to build up the base with entirely new materials, the added base materials, will be paid for at the Contract Unit Price per square yard (meter), complete, in place, and accepted. Payment will be full compensation for soil -cement material, mixing in the pit. loading, unloading, and spreading. B. Cement•Stabilized Base Course Cement -stabilized base, in-place and accepted, will be paid for at the Contract Unit Price per square yard (meter). Payment will be full compensation for roadbed preparation. mixing on the road, shaping, pulverizing, Nvatefing, cornpaction, defecttepaii, bituminous piiine and inaitiLeriaitue. C. Portland Cement Portland cernent will be paid for at the Contract Unit. Price J)CF LU11 (Jt1CgdgTUJF1). Payment is full compensation for furnishing, hauling, and applying the material. Only Type I or Type II Portland cement incorporated into the finished course will be paid for and no payment will be made for cement used to correct defects due to the Contractor's negligence, faulty equipment, or error. D. Coarse Aggregate Coarse aggregate will be paid for at the Contract Unit Price per ton (megagram). Payment is full compensation for furnishing, hauling, spreading, watering, shaping, and compacting the material. Payment will be made under: Item No. 301 Base—including material Per cubic yard (meter) Item No. 301 Cement Treated Base Course Per square yard (meter) Item No. 301 Type I or Type 11 Portland Cement Per ton (megagram) Item No. 800 t Coarse Aggregate— including material Per ton (megagram) PROSECUTION AND PROGRESS The City desires to have all work completed by October 31, 2011. Please indicate on the Bid Sheet your projected response time and calendar days to complete the project. This information will be considered when awarding this contract, Construction shall begin no later than 10 calendar days following the Notice to Proceed. The Contractor will mobilize with sufficient forces such that all construction identified as part of this contract shall be substantially completed within the calendar days indicated on the Bid Schedule. Inclement weather days will. not count against the available calendar days, 57 Normal workday for this project shall be 9:00 am to 4:00 pin and the normal workweek shall be Monday through Friday. The City will consider extended work -days or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on City recognized holidays including Labor Day. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the contractor at his expense prior to issuance of Final Acceptance. 10% retainage will be held from the total amount due the contractor until Final Acceptance of work is issued by the City. The contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. The scope of work includes pulverizing the existing pavement; constructing a stabilized base; installing topping; and as further described in the project specifications. The deceleration lanes into subdivisions and business' will not require full depth reclamation, but will require edge milling to tie-in properly to curbs and side streets. PERMITS AND LICENSES The contractor shall procure all. permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. QC/QA TESTING OF MATERIALS The Contractor will be responsible for all quality control testing (sampling, testing, and inspections) of materials incorporated into the project. All materials and workmanship shall meet appropriate GDOT specifications. Materials quality control testing types will meet GDOT specifications at a frequency equal to or exceeding that set by those specifications. Contractor shall secure the services of a GDOT qualified geotechnical testing firm to perform all required tests. Test results shall be provided to the City promptly as the work progresses. Tests shall meet GDOT Specs for type, method, and frequency. This work- shall be considered incidental to the rest of the work and no separate payment will be made. Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. DEVIATION OF QUANTITIES The quantities given are estimates only and will vary from those indicated. Payment will be made based on actual quantities of work completed and accepted. The City reserves the right to C� add or delete quantities at any time. Contractor will. notify the City in writing if additional items are identified or quantities of contract items will exceed plan. At no time will contractor proceed 58 with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. UTILITIES Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. TEMPORARY TRAFFIC CONTROL The contractor shall, at all times, conduct his work as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 107.09 and 150. Traffic whose origin and destination is within the limits of the project shall be provided ingress and egress at all times unless otherwise specified by the City. The ingress and egress includes entrances and exits VIA driveways at various properties, and access to the intersecting roads and streets. The contractor shall maintain sufficient personnel and equipment (including flaggers and traffic control signing) on the project at all times, particularly during inclement weather, to insure that ingress and egress are safely provided when and where needed. Pilot vehicles will be required during all FDR work and placement of bituminous surface, treatment or asphaltic concrete on two-lane roadways unless otherwise specified. Pilot vehicles shall meet the requirements of the MUTCD. Two-way traffic shall be maintained at all times unless otherwise specified or approved by the City. In the event of an emergency situation, the Contractor shall provide access to emergency vehicles and/or emergency personnel through or around the construction area. Any pavement damaged by such an occurrence will be repaired by the Contractor at no additional cost to the City. The contractor shall furnish, install and maintain all necessary and required barricades, signs and other traffic control devices in accordance with the latest MUTCD and GDOT specifications, and take al I necessary precautions for the protection of the worker-, and safety of the public, The, contractor shall provide 4 variable message boards to be placed at the direction of the City. All existing signs, markers and other traffic control devices removed or damaged during construction operations will be reinstalled or replaced at the contractor's expense. At no time will contractor remove regulatory signing which may cause a hazard to the public. The Contractor shall, within 24 hours place temporary pavement markings (paint or removable tape) matching existing pavement markings on milled or patched pavements. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will not be paid for separately and shall be incidental to other pay items. 59 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such propel ty is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and screened topsoil shall be placed in all disturbed areas before grassing. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The contractor shall correct all disturbed areas before retainage will be released. PAVEMENT MILLING The milling equipment shall be a power driven, self-propelled machine which is specifically designed to mill and remove a specified depth of existing asphalt paving. The equipment shall be of size, shape and dimensions so as not to restrict the safe passage of traffic in areas adjacent to the work. Conveyors capable of side, rear or front loading shall be provided together with the necessary equipment to transfer the milled material from the roadway to a truck. Dust control shall. be such as not to restrict visibility of passing traffic or annoy adjacent property owners. Decel lanes into subdivisions will not require full depth reclamation unless directed by the city. In these and any other areas not identified for reclamation, the contractor shall provide profile milling for the entire width of the decel lane. The contractor shall also mill side streets to provide an adequate tie-in. The side streets shall be milled from the edge of travel lane to the radius point of the side street or up to a maximum 15' of the travel lane, unless otherwise specified by the city (Potterstone Subdivision). The contractor shall also mill across the whole roadway at the beginning and ending limits of the project to provide an adequate tie-in with existing pavements. The, depth of milling throughout the project will be 2" unless otherwise directed by the City. Topping shall be tapered/feathered so as to tie into existing driveways with the best possible ride and aesthetic result. Tie-ins shall be marked on the ground and approved by the City prior to paving. Areas where no curb exists are not to be milled except to provide adequate tie-in with existing pavement. The milling operation shall provide a pavement surface that is true to line, grade and cross-section and of uniform texture. 60 A ten foot straightedge shall be maintained in the vicinity of the milling operation at all times for (lie purpose of measuring surface irregularities of the milled pavement surface. The contractor shall provide the straightedge and labor for its use. All irregularities in excess of 1/8" in 10' shall be remilled at no additional cost. The finished cross slope shall be uniform to a degree that no depressions or misalignment of slope greater than 1/4" in 12' are present when tested with a straightedge placed perpendicular to the centerline. The finished pavement surface will be subject to visual and straightedge inspection. The Contractor shall be responsible to repair any damage to existing curbs, aprons, and driveways caused by the Contractor's operations at no additional cost to the City. All material generated as a result of the milling operation shall become the property of the contractor. The milled material shall be stockpiled, recycled and. utilized by the bidder as a means to offset the unit cost of patching. After milling is completed all loose and flaking masses of asphalt shall be removed. The contractor and City shall measure all work and determine the total pavement area in square yards, to establish the basis of payment for the milling work, ROAD WIDENING AND SHOULDER CONSTRUCTION On Freemanvilte Rd and Thompson Rd the contractor will box out the shoulder to a depth of 10 inches and width of 2 feet far widening on each side of the road. All boxed out areas shall be filled to the level of the edge of pavement at the end of work each day. All unsuitable and excess material shalt be removed from the jobsite at the contractor's expense within 7 calendar days. The shoulder area shall be top dressed with screened topsoil before grassing and all asphalt chunks and rocks shall be removed. Cost of shoulder backfill, reconstruction, and grassing shall be considered incidental to the work and included in the bid price for other pay items. All disturbed areas shall be mulched and grassed in accordance with GDOT Specifications, Section 700 within 7 calendar days from the time of completion of each project segment. All rock added, if needed to supplement material, will be spread from the tailgate to the depth of 1.5 inches over the entire in-situ asphalt and uniformly mixed. After mixing the mixture will be pushed into the void created by the box out crew. The finished base course mat shall be 26 feet wide and the asphalt mat shall be 25 feet wide with a 30 — 35 degree angled fillet (Safety Edge) along each side of the roadway. Contractor shall provide a smooth transition from the finished paved surface to all existing driveway aprons. In any area where widening effects concrete driveways these driveways shall. be saw cut for removal at the new roadway width. Cost shall be incidental to the work. 61 BITUMINOUS TACK COAT This work shall consist of the placement of bituminous tack on areas that do not get full depth reclamation. AC -20 or AC -30 shall be used.. All surfaces shall be cleaned completely and thoroughly before any tack is applied. Tack shall not be applied when the pavement is wet. Bituminous tack coat shall be applied between .03 to .06 gallons per square yard. PAVEMENT MIX DESIGN The contractor shall construct a stabilized base by pulverizing the existing pavement to a depth of 10" and mixing with Portland cement to a depth of 10". The cement spread rate shall be determined by the contractor and submitted to the City for approval. Contractor shall include the addition of RAP or GAB for the shoulder widening in the mix design, The topping layer shall consist of 2" of 12.5mm superpave (GP 2 only, including H time) asphalt. The plant mix materials from which the asphaltic pavement is manufactured and the plant at which it is manufactured shall meet the requirements of the State of Georgia Department of Transportation (GDOT), Standard specifications, Articles 820-1 802; 883; 831; 828; and 882. Load tickets that meet Georgia Department of Transportation Specifications must accompany all delivered materials. The Contractor must supply copies of all asphalt tickets to the City on a daily basis. The most current vened on of the GDOT Specifications and Special Provisions apply, including but not limited to sections 400 (including off -system Special Provision) and 301 Cement Stabilized Reclaimed Base Construction. Please refer to the GDOT website for the most current versions of the Specifications and Special Provisions. U"B !( I 'RA.DE STABILITY PS To limit the likelihood that isolated zones of unstable soils are present, the contractor should proofroll the subgrade prior to mixing. Proofrolling shall consist of applying repeated passes to the subgrade using a heavily -loaded rubber -tired vehicle. Any materials judged to deflect excessively under the wheel loads should be undercut to more stable soils. The undesirable materials shall be removed and replaced with stabilizer aggregate (graded aggregate base) and mixed with the Portland cement. This work shall be paid for by the ton of stabilizer aggregate. THERMOPLASTIC PAVEMENT MARKINGS This work shall consist of placement of Thermoplastic Pavement Markings. Final. (thermoplastic) pavement markings shall be placed at least 14 calendar days but no more than 60 calendar days after placement of final asphalt lift. These final pavement markings shall match the original pavement markings including center lines, lane lines, turn arrows, crosswalks, stop bars, etc. 62 unless specifically directed otherwise by the City. Final pedestrian crosswalk markings shall adhere to the latest standards. Pavement marking materials shall meet GDOT standard specifications and be on the qualified products list. New thermoplastic crosswalks will be added at the following locations outside the work locations: • Across Morris Rd at the intersection with Deerfield Pkwy. • Across Morris Rd at the intersection of Webb Rd. • Across Deerfield Pkwy at the intersection of Webb Rd. The Conti -actor shall install temporary paint pavement markings on the reclaimed base course prior to re -opening the roadway until topping is installed. Temporary paint shall also be used on the completed topping course while awaiting the thermoplastic striping. This work will be considered incidental and should be included in the lump sum bid for Traffic Control. CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the contractor fails to accomplish restoration and clean-up within an acceptable period of time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work. 63 BID PRICE CERTIFICATION BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (1,20) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY 51 -OLA -r -r- C -J:- C.- I; --C. - SIGNA PRINT / TYPE NAME Dale J. Cronauer President 64 AUTHORIZED DISCLOSURE FORM BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE This form is for disclosure of campaign contributions and family member relations with City of Milton officials/ernployees, Please complete this form and return as part of your Bid package when it is submitted. Name of Bidder l CA -A-., . .... - Name and the official position of the Milton Official to whom the campaign. contribution was made (Please use a separate form for each official to whom. a contribution has been made in the past two (2) years.) List the dollar amountivalue and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description r----� j r--� c. C Please list any family :member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: RN SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Release of ITB Date: 6/13/2011 Pre -Bid meeting 6/17/2011 On 10:00 AM Pre -Bid Meeting is highly encouraged but not mandatory. Pre-bid meeting will be held at the City of Milton City Hall: 13000 Deerfield Pkwy Milton, Ga. 30004 Deadline for Written Questions 6/22/2011 @b 5:00 PM *Submit via E -Mail (preferred) or Fax to Rick Pearce of Purchasing Office City of Milton Addendum (on or about) 6/2412011 (Official answers to questions and potential changes to ITB. Addendum wilt be posted at the same web locations as the ITB) Bids due 6/30/2011 @ 2:OOPM Bids are due to: City of Milton Attn: Rick Pearce, Purchasing Office 1.3000 Deerfield Pkwy Suite -107G Milton, Ga. 30004 Contract Award (On/about) Notice to Proceed Issued 66 8/01/2011 8/02/2011 BLOUNT 1730 Sands Place Marietta, GA 30067 Construction Phone: 770-541-7333 Company Inc. Fax: 770-541-7340 Tuscaloosa County AL — Wire Road 66,700 SY 1,425 tons cement Contract Amount $1,066,553.50 Date of Work — September 23010 Contact: Scott Anders (205) 345-6600 Henry County GA — Hearn Road 22,000 SY 360 tons cement Contract Amount $104,000.00 Date of Work_ Summer 2010 Contact: Tony O'Neal (770) 288-7623 Grady County GA — Old State Route 179 147,524 SY 4,427 tons of cement Contract Amount $855,615.37 Date of Work: April 2010 Contact: Rusty Moye (229) 377-1512 Limestone County AL — Wooley Springs Road 26,580 SY 420 tons of cement Contract Amount $110,061.00 Date of Work: Fall 2009 Contact: Richard Sanders (256) 233-2691 Coweta County OA — 2009 Reconstruction 276,604 SY 6,184 tons of cement Contract Amount: $1,495,122.63 Date of Work: Spring 2009 Contact: Fred Landrum (770) 254-3775 Please note that this is just a small list of Cement/FDR project that we have completed. If additional projects and references are required, please contact our office and we will be pleased to supply more. Pre Bid meeting date revised City of Milton ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 11-PW2 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.pearcercityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: aL c C%. CONTACT PERSON: � t C„V.--. HC -4 ----�—� ADDRESS: / 0j CITY: zwi` � ,p;-7�- STATE: � ZIP: PHONE: )-It - FAX:` EMAIL ADDRESS:'*+-ter-i-,c.�, Sig a bre Date ADDENDUM 41 ITB 11-PW2 Anitowicement: Pre Bid irteeling date has beet changc-d to Tyesday, .Tarte 21, 2011 Liv:10:00 am. The location gLthe gre bid ineeting, remains the sante: .z, Milton City Hall Court Room, Suite 107E 13000 Deerfield Pkwy Milton, Ga. 30004 All other dates within the bid ggC&a ge shall remain the same. Page 1 of I Bob Cathcart From: Keith Faust atrunUon.uonn Sent: Friday, June 17, 2011 6:19 AM To- bob@b|uunbeonnbuohon.com Subject: RmCity ofMilton From: Keith Faust [ma iIto: Nauyt@blountconstructkonxzxn] To: bob@blountconsturtion.00m Sent: Fd, 17 Jun 20I1 06:16:32 -0400 Subject: City ofMilton 1What isthe depth on the patching ? 2 Will the patching only be used on the two roads that get resurfacing ? Yr� 3 Will all the leveling be used on the two roads that get resurfaced o, will some be used on the FDR roads? F-Diz- 4 Can you use Temp signs on tripods 7 /`�� 5[VVMwill ask this (doyou need anMTV) 6Onthe roads getting milled how long (days) before you need topping (3 Days) ? 7 will patching be done before milling or after and if after will someone mark them after the milling machine [sfinished ? A== - 8This job has Thermoplastic can wmuse tape for temp ? k&�.f 6y17/2011 City of Milton ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 ITB 11-PW2 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.i)earce@cityofiiiiltonga.,us I hereby acknowledge receipt of documents pertaining to the above referenced RFB. COMPANY NAME: � - �14►k �.'' a) t; &I 911ki F ADDRESS: x / CITY: PHONE: TE: ZIP: FAX: EMAIL ADDRESS: Sigafure Date ADDENDUM #2 ITB 11-PW2 Additional questions and answers after the Pre bid meeting: L Is there any cover up time requirement on the milling (i.e. same day, 3 day, etc.) Answer: Temp striping to provide positive guidance and a smooth transition on and off the milling surface is required for any milled area that is not to be covered that same day. No road section shall be left uncovered for more than 5 business days. The Project Description for Webb Rd and New Bullpen Rd state to Mill 2", patches, and overlay 2". Description of Pavement Milling on page CO states "Areas where no curb axists are not to be milled except to provide adequate tie-in with existing pavement". Webb Rd is mostly curbed with a few small areas of no curb. New Bullpen Rd has no curb at all. Which description is the contractor to go by; mill and inlay all areas per Project Description or mill only curbed areas per Pavement Milling Description? Answer: On New Bullpen Ra and Webb Rd the entire road surface is to be milled 2". 3, Will Webb Rd or New Bullpen Rd require any Shoulder Reconstruction after the Asphalt Overlay? Answer: Yes and it considered an incidental cost. ITB 11-PVV2 City of Milton FYII Reconstruction & Resurfacing Projects Thompson Rd., Freemanville Rd., Webb Rd. & New Bullpen Rd. Pre -Bid Meeting Answers.in yellow are different than lwimt was said at the pre bid meeting Date: June 21, 2011 Begin Time. 10;00 AM Facilitators: Rick Pearce, Purchasing Coordinator Carter Lucas, Public Works Director Matt Fallstrom, Public Works Superintendent Scribe: Sudie Gordon, City Clerk Carter- Good morning. This is our pre-bid meeting for our fiscal year 2011 reconstruction projects. Matt, as usual is going to be doing our construction management on this project. Hopefully, you all have had a chance to go through the bid package. Our pre- bid is a little bit different this time in that we are recording it so if you have any questions, we are going to ask you please speak into the microphone. The chord is not long enough to pass around. Any questions? Rick: Let me just add one thing. What we are going to answer today is unofficial. The official answers will come out in the Addendum. Tomorrow is the deadline for questions so even if You have questions after today, you can still submit thein to me via e-mail but tomorrow we are going to keep with the same schedule that we originally have in there. So, anything we. do answer today will be unofficial but the, official will come out with the Addendum. Caner: So this project has a couple of different components. We have road reconstruction, South Thompson from where we finished off last year down to Webb Road. Freemanville, we are going to be corning up from Providence to the big bridge over Chicken Creek on Freemanville Road. Those will be complete FDR prqjects. We have mill overlays on Webb right out here. That project is going to go from Morris Road all the way over to Cogburn Road and then New Bull Pen Road tip on the north side of town from the county line over to 372. The other component of this project is we had some roads, some of our gravel roads, cement, sLabili=d a fevv years ago and we have to do some maintenance on those so that component will be to pulverize those cement stabilized roads to get us back to a typical gravel road section on a portion of Reynolds Road and Nix Road up on the north side of town. Wayne Boatri2ht — Atlanta Paving & Concrete Wayne: On the existing cement stabilized roads where we have to go back and do remediation work, is that going to be a continuous section or is it going to be small segments of roadway, a spot, here, a spot there? Carter: They are continuous. Nix is ..... what is the length on Nix? Matt: Nix is about nine -tenth's of a mile and it is gravel, asphalt apron into asphalt apron on each and then _B riftle Rd _, we are looking into the neighborhood of one-half mile and that would be fro in the Summit/Brittle Road back to Bethany Road. Wayne: So it would be the full length of the roadway. Matt: Yes. Nix Rd wil I be. done in it.,, entirety= ;end B tittle Rd from Bethany Rd ending at the intersection Summit Rd/Brittle Rd. This is not the full length of Brittle Rd but is one continuous stretch of Brittle. Donald Stewart — Stewart Bros.. Inc. Donald: Will there be any kind of removal for the full depth reclamation to accommodate the new asphalt coming in? Matt: The idea we are looking at is instead of doing an asphalt removal beforehand, box it out, the two foot the widening section, pulverize and use some of that material to fill in your box out in lieu of haul off. Donald: Okay, thank you. Matt: There is additional striping in this too. I don't know if you saw that, where we are doing some ADA improvements at a later date. There will be cross -walks installed at Morris and Deerfield, it's called out in here but Morris and Deerfield, Webb and Morris, and then out here at this inLersection. of Deerfield and Webb. We have some drawings of those that we can submit at some point, if needed, 11lustrition"'Below Wayne Boatri2ht — Atlanta Paviny & Concrete Wayne: On your FDR specs, where you address your equipment, it is my interpretation that reading this spec is that you going to allow something less than an eight foot reclai mer. Is that a fair statement, or not? Matt: So you are asking, if we will allow something less than an eight foot? Wayne: Yes. Matt: We would have it) consider that ..... I'd have to ....... Carter: I think it says we would consider it, if it worked within . . ... _ _ _ Wayne: Well, that's my question, would you consider it, is that going to be permissible or will it be permissible? Carter: Our preference would be that it would be eight foot. If it is less than eight foot, I think yoii would have to show that it works into your traffic management plan and yonr construction plan. If you are proposing something less than that, but it's going to take you six more weeks to finish the job, then we would question it. Ifyou can show that it works into your plan, then it would be acceptable. Matt: Has your machine changed? The same orie that was used on Morris. Wayne: Inaudible response. (Wayne spoke from the audience and was not at podium/microphone), End Time: 10:09 AM This is the answer to NIV _0*'s question and will repLice the requirement sentence on page 51 of the bid document. Mixing/Reclaiming t"quipment. The mixer/recl.a.itner shalt be a minfinum 8 ft cutting width a ininimurn of 650 hp, be a self propelled rotary nnixer/ rockiiiner capable of mixing in place to .a n6ninnurn depth of 12 ii) v,?ith . ,,hoidd be used, rhe cutting drum arhould 1:,,: fitted with cutting teeth capable of Li-imnling cwfll. ag garegaQ( they may be aiccuratelyadjusted verti/lall and held in place, The mnch�no, hall m_)t weidi less than 25,000 lbs (11,363 kg) and shall have such sTrei)gth widrig idity that it will not develop a center deflection of more than IPS in (3 inin), Disc harrows, biickot Teeth and other cquipmem that does not incet the labove requiremenEs arenot to be Li,,:d lor Full D,cpth Rcclamation. lfugin.g bitin-rjno� , wa,�-r�ak a,; the stabiiiziiig aunt, the mixer/ reclaimer sliall N. fiwedwith tin inter, led additive injection system capablo ofintroaucing the bituminous stabilizing agent in the du drMil dUring the mixing process, "Motor ixrracicr A mutor grader for pre -shaping, aerating, spreading and final shaping of the material is necessary.,,Thi: mofor yader Edid I have a cross: slope indiQator. onipaction Equipinctit v, ith 1-5 ton mininwin Nveight is required. A double drum vibratory steel roller with ]Otoiiniiiiiiitiniweight \kit,h "t�rspray system is option€ Il. If the recl� ntation depth is 4 inches or less. then, a padfoot roller is optional. If no 3_ , pti�itoot roller is used, then the pne't niatic roller snail be 25-tan ininiinu€n weight with crater spray'system No Text No Text No Text City of Milton 13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004 1 MTo: Honorable Mayor and City Council Members From: Stacey R. Inglis, Finance Director Date: Submitted for the August 1, 2011 Council Meeting Agenda Item: First Reading for Approval of an Ordinance to Set the Millage Rate for the Fiscal Year 2011 CMO (City Manager’s Office) Recommendation: Approval of an ordinance to set the millage rate for fiscal year 2011 at 4.731 mills. Background: The fiscal year 2011 budget was adopted on September 8, 2010 by the City Council. The property tax revenue estimated at $7,500,000 was based on a millage rate of 4.731. Discussion: The tax digest for 2011 shows that reassessments have decreased the City’s tax base by approximately 4.6%. This decrease has been accounted for in the projected tax revenues and shouldn’t cause a budget deficit. The estimated amount of taxes the City will bill is approximately $8.6 million in property taxes and $495,000 in motor vehicle taxes. The millage rate must be approved via ordinance before tax collections can begin. Each year, we are required to calculate a rollback millage rate that demonstrates the same revenue collections had the tax digest not been reassessed. If the proposed millage rate is higher than the rollback rate, the City is required advertise a tax increase and 5-year history and hold three public hearings prior to the rate being adopted. If the proposed rate is lower than the rollback rate, we are only required to publish a 5-year history prior to adoption. For 2011, the proposed rate of 4.731 mills is lower than the rollback rate of 4.958 mills. Even though a public hearing is not required, it is best to hear any public concerns prior to the approval of the millage rate. A public hearing has been scheduled for the August 15, 2010 council meeting. Alternatives: Approve a lower rate or reject establishing a millage rate and not collect taxes. Either option puts the City in a position of financial decline. Concurrent Review: Chris Lagerbloom, City Manager ORDINANCE NO. STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO FIX THE AD VALOREM TAX RATE OF THE CITY OF MILTON FOR FISCAL YEAR 2011; AND FOR OTHER PURPOSES. WHEREAS, the Charter of the City of Milton, Georgia authorizes the City to levy and provide for the assessment of ad valorem property taxes on all property subject to taxation; and WHEREAS, the Charter of the City of Milton, Georgia provides that the valuation of all property subject to taxation by the City shall be determined according to the tax digest prepared by the Fulton County Board of Tax Assessors; and WHEREAS, the City of Milton, Georgia calculated a rollback millage rate as defined within State of Georgia law, demonstrating the proposed millage rate is less than the rollback millage rate; and WHEREAS, the City Council has properly given notice, and held one public hearing on August 15, 2011 at 6:00 p.m. for the purpose of receiving relevant evidence, testimony and public comment concerning the proposed millage rate for ad valorem property taxes; and WHEREAS, the Mayor and City Council, after hearing and after duly considering all such relevant evidence, testimony and public comments, has determined that it is in the best interests of, and necessary to meet the expenses and obligations of, the City of Milton, Georgia to set a levy in the amount of $4.731 on each $1,000.00 of taxable value for all property subject to ad valorem taxation by the City; now BE IT ORDAINED by the Mayor and City Council of the City of Milton, Georgia as follows: SECTION I: The ad valorem tax rate for the City of Milton, Georgia for the 2011 fiscal year, on property subject to ad valorem taxation by the City is hereby fixed at $4.731 on forty percent (40%) of each $1,000.00 of property subject to ad valorem tax by the City. SECTION II: Said rate of $4.731 on forty percent (40%) of each $1,000.00 of taxable property is hereby levied for General Government purposes. SECTION IV: All ordinances and parts of ordinances in conflict herewith are hereby repealed. ORDAINED this the ____day of ________, 2011. _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 1 of 24 RZ11-14/VC11-03 R/A Z62-06 RZ11-14/VC11-03 PROPERTY INFORMATION ADDRESS 14375 Providence Road DISTRICT, LAND LOT 2/2 845 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING C-1 (Community Business) Z62-06/ AG-(Agricultural) PROPOSED ZONING C-1 (Community Business)/AG-1 (Agricultural) ACRES 1.05 EXISTING USE Commercial Block and Metal Building – 3,085 sq. ft. PROPOSED USE Commercial Building – 3085 sq. ft. and PETITIONER Segars & Snidow, LLC ADDRESS 14355 Providence Road Milton, GA 30004 770-757-7279 REPRESENTATIVE Donald A. Rolader, Esq. PHONE 770-442-0330 INTENT To rezone from C-1(Community Business) and AG-1 (Agricultural) to C-1 (Community Business) and AG-1 (Agricultural) for an existing building consisting of 3,085 square feet at an overall density of 2,938 square feet per acre with the following three-part concurrent variance*: 1) Sect. 64-1141(3)a. To reduce the 50 foot buffer and 10 foot improvement setback along the west property line labeled points 18 and 19, 13.44 feet of property line labeled 20 and the west property line for a distance of 98 feet to 0 feet; 2) Sect. 64-1141(3)a. To reduce the 50 foot buffer and 10 foot improvement setback to 0 feet for a distance of 118 feet along the north property line; 3) Sect. 64-1141(3)a. To reduce the 50 foot buffer and 10 foot improvement setback to a 20 foot undisturbed buffer and 0 foot improvement setback along the east property lines; Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 2 of 24 RZ11-14/VC11-03 R/A Z62-06 COMMUNITY DEVELOPMENT RECOMMENDATION – MAY 24, 2011 Defer to the June 28, 2011 Planning Commission to allow applicant to revise the request and site plan. COMMUNITY DEVELOPMENT RECOMMENDATION – JUNE 28, 2011 RZ11-14 – APPROVAL CONDITIONAL VC11-03 – PARTS 1 THROUGH 3 – APPROVAL CONDITIONAL VC11-03 – PART 4 - WITHDRAWAL This item was administratively deferred based on the fact that a quorum was not present for the June 28, 2011 Planning Commission meeting. Since that time, the item was re-advertised to reflect the withdrawal of Part 4 of VC11-03. COMMUNITY DEVELOPMENT RECOMMENDATION – July 26, 2011 RZ11-14 – APPROVAL CONDITIONAL VC11-03 – PARTS 1 THROUGH 3 – APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION - JULY 26, 2011 The Planning Commission Meeting had not taken place at the time of the publishing of this report. Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 3 of 24 RZ11-14/VC11-03 R/A Z62-06 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 4 of 24 RZ11-14/VC11-03 R/A Z62-06 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 5 of 24 RZ11-14/VC11-03 R/A Z62-06 FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 6 of 24 RZ11-14/VC11-03 R/A Z62-06 EXISTING ZONING DISTRICTS WITH AS-BUILT IMPROVEMENTS Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 7 of 24 RZ11-14/VC11-03 R/A Z62-06 PROPOSED ZONING DISTRICT EXHIBIT WITH AS-BUILT IMPROVEMENTS REVISED SITE PLAN SUBMITTED JUNE 20, 2011 (Parcel to the west) Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 8 of 24 RZ11-14/VC11-03 R/A Z62-06 REVISED SITE PLAN SUBMITTED JUNE 20, 2011 (Parcel to the west) Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 9 of 24 RZ11-14/VC11-03 R/A Z62-06 TREE SURVEY Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 10 of 24 RZ11-14/VC11-03 R/A Z62-06 FRONT OF SUBJECT SITE (EXISTING BUILDING) VIEW FROM BEHIND BUILDING Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 11 of 24 RZ11-14/VC11-03 R/A Z62-06 VIEW FROM BACK OF BUILDING TOWARD THE POND VIEW FROM POND Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 12 of 24 RZ11-14/VC11-03 R/A Z62-06 VIEW ACROSS POND LOOKING NORTHEAST LOOKING FROM SUBJECT SITE TO THE WEST (PLEASANT HOLLOW FARM SUBDIVISION) Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 13 of 24 RZ11-14/VC11-03 R/A Z62-06 Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area East 1 AG-1 (Agricultural) Single Family Residence 1 unit per acre N/A Further East 2 RZ11-13 O-I (Office-Institutional) Segars and Snidow, LLC 4,348 sq. ft. per. Acre Further East/North 3 AG-1 (Agricultural) The Hayfield Subdivision 1 unit per acre N/A Further East 4 AG-1 (Agricultural) Single Family Residence/Farm 1 unit per acre N/A Further East 5 RZ77-010 C-1 (Community Business) The Union Restaurant Existing structure Southeast and South 6 AG-1 (Agricultural) Scattered Single Family Residences 1 unit per acre N/A Further South 7 RZ76-86 Crabapple North Subdivision 1 unit per acre N/A Southwest 8 (None) AG-1 (Agricultural) Providence Baptist Church and Cemetery N/A West 9 AG-1 (Agricultural) Pleasant Hollow Farm Subdivision 1 unit per acre N/A Further North and Northwest 10 RZ03-159/RZ01- 060 CUP (Community Unit Plan) Triple Crown Subdivision 1 unit per acre 2,500 square feet Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 14 of 24 RZ11-14/VC11-03 R/A Z62-06 EXISTING USES LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 15 of 24 RZ11-14/VC11-03 R/A Z62-06 SUBJECT SITE: The site contains an existing 3,085 square foot building currently used as storage for a local sign company. A portion of the subject site is currently zoned C-1 (Community Business) pursuant to Z62-06 for the existing structure with .26 acre in 1962. The applicant is requesting that the existing .30 acre be rezoned from AG-1 to C-1 to bring the western portion of the existing building into a commercial zoning district. It appears that an addition was built, prior to 1993 based on aerial photography, on the existing structure that crossed over the zoning district line. The remaining .49 acre is proposed to be rezoned from AG-1 to AG-1 to provide buffering for the adjacent properties to the west and north. The total acreage for the rezoning is 1.05 acres. The site is located within the Agricultural Land Use designation on the City’s Current Future Land Use Map. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on June 20, Staff offers the following considerations: EXISTING COMMERCIAL BUILDING - DEVELOPMENT STANDARDS – SEC. 64-776 for C-1 (Community Business) except where indicated Front yard – For all property and lots located adjacent to public rights-of- way and 400 feet or more beyond an intersection, buildings shall be set back no more than 30 feet from the edge of the required landscape strip or easements. (Northwest Fulton Overlay District) Side yard adjacent to AG-1 (Agricultural) or residential uses (east and western property lines) – None See Landscape Buffer Requirements for Northwest Fulton Overlay District Sec. 64-1141(3) Rear yard adjacent to AG-1 (Agricultural) or residential uses (north property line – None See Landscape Buffer Requirements for Northwest Fulton Overlay District Sec. 64-1141(3) Minimum lot frontage – 35 feet Height - There shall be a maximum height limit of two stories with the maximum height 30 feet from average finished grade to the bottom of the roof eave. (Northwest Fulton Overlay District) Staff notes that the existing building is set back more than 30 feet from the required landscape strip. A condition will be written to allow the current distance based on the fact that the building was constructed prior to the adoption of the Northwest Fulton Overlay District. Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 16 of 24 RZ11-14/VC11-03 R/A Z62-06 Streetscape and Landscape Strips- Sec. 64-1141 (1)- Northwest Fulton Overlay District Front adjacent to Providence Road – 10 foot landscape strip The site plan submitted complies with the requirements for streetscape and landscape strips of the Northwest Overlay District. Landscape Buffers – Sec. 64-1141(3) – Northwest Fulton Overlay District When non-residential uses are proposed adjacent to single family or AG-1 (Agricultural) districts for properties four acre or less, a 50 foot buffer and 10 foot improvement setback are required. The applicant is requesting the following three concurrent variances to this requirement. Part 1: To reduce the 50 foot buffer and 10 foot improvement setback along the west property line labeled points 18 and 19, 13.44 feet of property line labeled 20 and the west property line for a distance of 98 feet to 0 feet. (Sect. 64-1141(3) a.) Part 2: To reduce the 50 foot buffer and 10 foot improvement setback to 0 feet for a distance of 118 feet along the north property line. (Sect. 64-1141(3)a.) The adjacent property to the west described above is a single family residence zoned AG-1 (Agricultural) and undeveloped AG-1 (Agricultural) property owned by the applicant. The basis for this request to delete the 50 foot buffer and 10 foot improvement setback is to limit the increase in C-1 (Community Business) district that brings the subject site into zoning compliance. Secondly, the applicant is providing the required buffer along that portion of the west property line that measures 98 feet in length adjacent to another AG-1 (Agricultural) district developed with a single family residence within the Pleasant Hollow Farm Subdivision. The applicant is proposing a vegetated berm to be constructed within the 50 foot buffer west of the future parking lot and may be extended to enclose the northern limits of the gravel parking area. Although Staff is in agreement that the properties to the west should be shielded from the parking lot and traffic produced from the use, Staff does not support installing a vegetated berm. This would remove the existing trees and growth that currently provides screening. Additional plantings are recommended to supplement the undisturbed 50 foot buffer to provide the necessary screening to the adjacent properties. A condition will be included for the applicant to provide a 50 foot buffer and 10 Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 17 of 24 RZ11-14/VC11-03 R/A Z62-06 foot improvement setback along the west and north property lines within the .49 acre parcel of AG-1 (Agricultural). The adjacent property to the north of the re-configured C-1 (Community Business) parcel is currently owned by the applicant and is also zoned AG-1 (Agricultural). Further to the north, which is not part of the rezoning petition, is a detention pond for the Hayfield Subdivision. The detention pond is also classified as a state water but was grandfathered based on the time of construction to a 25 foot undisturbed buffer. In addition, it appears that after the 1962 zoning an addition was constructed on the west side of the structure that resulting in the structure crossing over the C-1 (Community Business) zoning line. The existing structure located in AG-1 (Agricultural) was not known until the applicant had an as-built survey completed. The purpose of this rezoning request is to correct the non- conforming use/structure encroaching into the AG-1 (Agricultural) portion of the property. It was not unusual for properties to be subdivided without the proper administrative steps and therefore non-conforming lots/structures were created. This exceptional situation or condition was not caused by the applicant. In addition, the requested concurrent variances will not cause a substantial detriment to the public good and surrounding properties as the applicant is the owner of the property directly to the west and north (the applicant is the developer of The Hayfield and its detention facility located to the north of the subject site). The proposed vegetated berm will provide additional protection for the Pleasant Hollow Farms subdivision to the west. Lastly, the public safety, health and welfare are secured, and substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL of VC11-03, Parts 1 and 2. Part 3: To reduce the 50 foot buffer and 10 foot improvement setback to a 20 foot undisturbed buffer and 0 foot improvement setback along the east property lines. (Sect. 64-1141(3)a.) The adjacent property to the east is developed with a single family residence and is also owned by the applicant. There is an existing asphalt driveway located between the house and the east property line that will be removed and replanted to buffer standards to provide additional screening from the residence to the east. This exceptional situation or condition was not caused by the applicant. In addition, the variance would not cause a substantial detriment to the public good and surrounding properties as the applicant is the developer of the adjacent subdivision and nearby properties. Lastly, the public safety, health and Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 18 of 24 RZ11-14/VC11-03 R/A Z62-06 welfare are secured, and substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL of VC11-03, Parts 3. OTHER SITE PLAN CONSIDERATIONS Parking Requirements The site plan submitted indicates a total of 15 parking spaces. The existing building is 3,085 square feet in size. Pursuant to Sec. 64-1410, Calculations, 5 spaces per 1,000 square feet are required for a commercial uses. Based on this calculation, a total of 15 spaces are required. Staff notes that the parking is located on a gravel lot which is encouraged in the Northwest Fulton Overlay District. A condition will be included to require the parking to be on gravel except for the required handicapped space. Currently there isn’t a need for the additional parking for the sign company’s use. Therefore, Staff is providing a condition that will require the property owner to install the required parking described above when a new commerical use/tenant is proposed. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Section 64.2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The proposed site does not contain wetlands, floodplains, streams steep slopes, his torical sites or sensitive plant and animal species. Staff notes that the State waters buffer is located to the north of the subject site in the Hayfield Subdivision. ARBORIST COMMENTS There are two specimen trees in the front of the building which should not be an issue with this request. The specimen sycamore tree shown on the plan is in decay, will not be considered a specimen tree. There is a small grove of black walnut trees located behind the existing building. Though a small area, with the existing surroundings and with the small grouping of walnut trees, this area should be preserved to the greatest extent possible and any walnut trees removed shall be recompensed at the same recompense calculations as required for dogwood trees. Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 19 of 24 RZ11-14/VC11-03 R/A Z62-06 The existing back yard is nicely wooded down to the lake, and has been maintained in a very good state. Property slopes from the building to the lake. Grade change should be kept to a minimum. Staff is not in support of the applicant’s proposed berm along the west property line. It will remove existing trees to construct the berm and additional plantings without the berm will provide adequate screening for the adjacent property owners from a future parking area. Upon a change of tenant/use, a pre-construction meeting will be required to ensure that the existing trees and their drip lines will be protected. Future issuance of a valid land disturbance permit shall indicate conformance to the provisions of these regulations. CITY OF MILTON FIRE MARSHAL There are no outstanding fire code issues associated with the proposed rezoning as they are now presented. DESIGN REVIEW BOARD MEETING COURTESY REVIEW – MAY 3, 2011 Buffers should be preserved, heavily planted. Work with Arborist to come up with possible alternate planting plan. PUBLIC INVOLVEMENT On April 27, 2011 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were eight members of the community in attendance. The members of the community were concerned about additional parking in the rear and trips in and out of the site if there will be a change of tenants . They were specifically concerned about additional lighting from the parking lot and lights from the cars. Public Comments – Staff has not received any correspondence regarding this development. PUBLIC PARTICIPATION REPORT The applicant conducted the required Public Participation Meeting on Wednesday, May 18, 2011 at the applicant’s existing office to the east. The Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 20 of 24 RZ11-14/VC11-03 R/A Z62-06 applicant has submitted the Public Participation Report on June 23, 2011. It is attached at the end of this report. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The existing 3,085 structure is currently being used by a sign company for storage. The primary use surrounding the property are single family residential homes located on minimum one acre lots. Further to the east is the applicant’s office which was zoned from C-1 (Community Business) and AG-1 (Agricultural) to O-I (Office Institutional) pursuant to RZ11- 013/VC 11-02 approved by the Mayor and City Council on June 20, 2011. There is a horse farm further to the east and The Union Restaurant zoned C-1 (Community Business) pursuant to RZ77-10. To the south are scattered single family homes on AG-1 (Agricultural) as well as minimum one acre lots further to the south in the Crabapple North Subdivision zoned R-2A (Residential). To the southwest is the Providence Baptist Church and cemetery with the existing building which was built in 1940 prior the requirement of zoning regulations. West of the subject site is a single family residence and further to the west is the Pleasant Hollow Farms Subdivision zoned AG-1 (Agricultural) and developed with large single family residences. Based on the fact that the location of the existing structure was presumed to be entirely located within the C-1 (Community Business) parcel (Z62-06 and by enlarging the C-1 parcel to bring the structure into conformance with zoning and providing buffering, it is a suitable use for the property. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal will not adversely affect existing use or usability of the adjacent properties as described above if the recommended conditions are approved to provide buffers to the adjacent properties to the west and the north. In addition the new rezoning will contain conditions to restrict the uses permitted on the site that will further protect the adjacent and nearby properties. Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 21 of 24 RZ11-14/VC11-03 R/A Z62-06 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site does not have a reasonable use as currently zoned C-1 (Community Business) because the structure is only partially included in the commercial zone and it is out of compliance with the Zoning Ordinance. 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Based on the current and previous use of the building for commercial purposes, Staff does not anticipate a significant impact on existing streets, transportation facilities, utilities, or schools as proposed. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? Future Land Use Plan Map: Agricultural Proposed use/density: Commercial / 2,938 square feet per acre The Future Land Use Plan Map suggests Agricultural for the subject site and for properties north of Providence Road and Residential 1 unit or less for properties south of Providence Road. The Milton City Council adopted the Partial Plan Update to the City’s Comprehensive Plan on December 21, 2009. The proposed development is consistent with the following Plan Policy if developed with the recommended conditions: We will encourage the preservation of natural resources areas and preserve contiguous green open spaces development of land in appropriate designated areas as development occurs. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 22 of 24 RZ11-14/VC11-03 R/A Z62-06 Although, the proposed zoning for C-1 (Community Business) is inconsistent with the Plan Map, it is Staff’s opinion that the commercial zoning and associated building was approved in 1962. In addition, by rezoning the correct size parcel to C-1 (Community Business) and the remaining AG-1( Agricultural) zoning to provide buffering, the subject site will have less impact on adjacent and nearby properties. Therefore, Staff supports the approval of this request to “fix” the existing zoning district to bring the existing zoning/use into compliance with the City’s ordinances. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations. CONCLUSION Although the proposed rezoning is inconsistent with Future Land Use Plan’s recommendation of Agricultural, it is Staff’s opinion that by rezoning the property to C-1 (Community Business) and AG-1 (Agricultural), this corrects the non-conforming structure/use and provides buffering to the site from adjacent properties. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ11-14 to rezone from C-1 (Community Business) and AG-1 (Agricultural) to C-1 (Community Development) and AG-1 (Agricultural) to allow the existing office for a total of 3,085 square feet and the AG-1 (Agricultural) portion remain undisturbed buffers as depicted on the site plan. It is also Staff’s opinion that Parts 1 through 3 of VC11-03 be APPROVED CONDITIONAL. Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 23 of 24 RZ11-14/VC11-03 R/A Z62-06 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be C-1 (Community Business) and AG-1 (Agricultural) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Retail, service commercial and accessory uses on .56 acre of 3,085 square feet or at 2,938 square feet per acre zoned, whichever is less, but excluding, billboards, day care facilities, rooming house, boarding house, assembly hall, clinic, community center building, convalescent center/nursing home/hospice, dancing school, financial establishment, funeral home, group residence, gymnasium, health club/spa, hospital, hotel, library, motels, museum, parking garage/deck, parking lot, personal care home, recording studio research laboratory, stadium, and thrift institution and any uses permitted through a Special Use Permit that requires a C-1 (Community Business) zoning district other than church or cemetery use. Above described acreage shall be zoned C-1 (Community Business) Conditional. b) Agricultural (AG-1) located on .49 acre within the overall 1.05 acre tract as depicted with undisturbed buffers on the revised site plan submitted on June 20, 2011. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on June 20, 2011. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the Certificate of Occupancy. Prepared by the Community Development Department for the Mayor and City Council Meeting on August 1, 2011 (First Presentation) *Based upon the Revised Site Plan submitted on June 20, 2011 7/25/2011 Page 24 of 24 RZ11-14/VC11-03 R/A Z62-06 3) To the owner’s agreement to the following site development considerations: a) No more than one entrance/exit onto Providence Road b) Parking areas shall be gravel except for the required handicapped space. c) To delete the 50 foot buffer and 10 foot improvement setback to 0 feet along the west property line labeled points 18 and 19, 13.44 feet of property line labeled 20 and the west property line for a distance of 98 feet. (VC11-03, Part 1) d) To delete the 50-foot buffer and 10 foot improvement setback to 0 feet for a distance of 118 feet along the north property line. (VC11-03, Part 2) e) To provide a 20 foot undisturbed buffer and 0 foot improvement setback along the east property lines. (VC11-03, Part 3) f) To provide a 50 foot undisturbed buffer and 10 foot improvement setback along the west and north property lines within the AG-1 (Agricultural) district as depicted on the revised site plan submitted on June 20, 2011. g) To develop the parking lot as depicted on the revised site plan submitted on June 20, upon any change of use within the building. h) To allow the existing building to remain as shown on the revised site plan submitted on June 20, 2011. 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Access to the site shall be subject to the approval of Milton Public Works, prior to the issuance of a Certificate of Occupancy. Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria if required by City of Milton Public Works Department. ORDINANCE NO._______ PETITION NO. RZ11-14/VC11-03 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) AND AG-1 (AGRICULTURAL) TO C-1 (COMMUNITY BUSINESS) AND AG-1 (AGRICULTURAL) FOR AN EXISTING COMMERICAL BLOCK BUILDING LOCATED AT 14375 PROVIDENCE ROAD HAVING A FRONTAGE OF 99.55 FEET (22-4120-0845-038-0) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on August 15, 2011 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located at 14375 Providence Road with frontage of 99.55 feet, consisting of a total of approximately 1.05 acres as described in the attached legal description, be rezoned to the C-1 (Community Business) and AG-1 (Agricultural) Districts with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 845 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the C-1 (Community Business) and AG-1 (Agricultural) zonings listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Divisions 2 and18 of the Zoning Ordinance of the City of Milton; and SECTION 3. 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 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 15th day of August, 2011. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS RZ11-14/VC11-03 If this petition is approved by the Mayor and City Council, it should be C-1 (Community Business) and AG-1 (Agricultural) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings con tained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Retail, service commercial and accessory uses on .56 acre of 3,085 square feet or at 2,938 square feet per acre zoned, whichever is less, but excluding, billboards, day care facilities, rooming house, boarding house, assembly hall, clinic, community center building, convalescent center/nursing home/hospice, dancing school, financial establishment, funeral home, group residence, gymnasium, health club/spa, hospital, hotel, library, motels, museum, parking garage/deck, parking lot, personal care home, recording studio research laboratory, stadium, and thrift institution and any uses permitted through a Special Use Permit that requires a C-1 (Community Business) zoning district other than church or cemetery use. Above described acreage shall be zoned C-1 (Community Business) Conditional. b) Agricultural (AG-1) located on .49 acre within the overall 1.05 acre tract as depicted with undisturbed buffers on the revised site plan submitted on June 20, 2011. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on June 20, 2011. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) No more than one entrance/exit onto Providence Road b) Parking areas shall be gravel except for the required handicapped space. c) To delete the 50 foot buffer and 10 foot improvement setback to 0 feet along the west property line labeled points 18 and 19, 13.44 feet of property line labeled 20 and the west property line for a distance of 98 feet. (VC11-03, Part 1) d) To delete the 50-foot buffer and 10 foot improvement setback to 0 feet for a distance of 118 feet along the north property line. (VC11-03, Part 2) e) To provide a 20 foot undisturbed buffer and 0 foot improvement setback along the east property lines. (VC11-03, Part 3) f) To provide a 50 foot undisturbed buffer and 10 foot improvement setback along the west and north property lines within the AG-1 (Agricultural) district as depicted on the revised site plan submitted on June 20, 2011. g) To develop the parking lot as depicted on the revised site plan submitted on June 20, upon any change of use within the building. h) To allow the existing building to remain as shown on the revised site plan submitted on June 20, 2011. 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Access to the site shall be subject to the approval of Milton Public Works, prior to the issuance of a Certificate of Occupancy. Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria if required by City of Milton Public Works Department. Revised Site Plan Submitted June 20, 2011 (west parcel) Page 1 of 10 Prepared by the Community Development Department for the Mayor and City Council Meeting August 1, 2011 (First Presentation) PETITION NUMBER(S): ZM11-02 PROPERTY INFORMATION ADDRESS 170 Cox Road DISTRICT, LAND LOT 2/2, 1092 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING U86-065 – Use Permit for Recreational Fields ACRES 8.133 EXISTING USE 3 large recreational fields, 1,950 square foot club house, 2,500 square foot storage building including restroom facilities. APPLICANT Wall to Wall Soccer Centers / Jon Conway 1052 Dogwood Forest Drive Marietta, GA 30068 770-876-0917 OWNER Suntrust Bank Trustee for the Will of George Baker PO Box 4655, MC 252 Atlanta, GA 30302 REPRESENTATIVE Metro Group Development, Mark Gottlieb 595 West Crossville Road Roswell, GA 30075-2561 (770) 641-1671 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM11-02 – APPROVAL CONDITIONAL OF CONDITIONS 1.a., 2.a., 3.g. as requested. INTENT To modify condition 1.a. as follows (U86-65): Two recreational soccer fields, six mini-soccer fields, a 1950 square foot clubhouse and a 2500 square foot storage building including restroom facilities. To modify Condition 2.a. as follows (U86-65): To modify the site plan with a revised site plan submitted to the Community Development Department on July 5, 2011. To modify Condition 3.g.as follows (U86-65): Limit the free-standing project identification signage on the entire property to no more than one unlighted, double-faced monument sign adjacent to Arnold Mill Road or Cox Road, having no more than 32 square feet per face and further not to exceed 6 feet from finished grade measured from the base of the sign structure. Page 2 of 10 Prepared by the Community Development Department for the Mayor and City Council Meeting August 1, 2011 (First Presentation) LOCATION MAP Page 3 of 10 Prepared by the Community Development Department for the Mayor and City Council Meeting August 1, 2011 (First Presentation) SITE PLAN SUBMITTED MAY 5, 1986 – U86-065 Page 4 of 10 Prepared by the Community Development Department for the Mayor and City Council Meeting August 1, 2011 (First Presentation) SITE PLAN SUBMITTED JULY 5, 2011 – Existing Conditions Page 5 of 10 Prepared by the Community Development Department for the Mayor and City Council Meeting August 1, 2011 (First Presentation) SITE PLAN SUBMITTED JULY 5, 2011 – Proposed Plan Page 6 of 10 Prepared by the Community Development Department for the Mayor and City Council Meeting August 1, 2011 (First Presentation) Current condition of site with existing fields (smaller field near buildings) “Exhibit A” Page 7 of 10 Prepared by the Community Development Department for the Mayor and City Council Meeting August 1, 2011 (First Presentation) SUBJECT SITE The subject site is currently zoned AG-1 (Agricultural) with a special use permit for recreational fields pursuant to U86-065 approved by the Fulton County Board of Commissioners for three (3) recreational fields, a 1,950 square foot clubhouse and a 2,500 square foot storage building including restroom facilities. The approved conditions included exterior illumination on the site not to exceed 1.2 foot candles on any property line adjacent to a residential use or zoning district, or will the light source be directly visible from adjoining residential properties. According to the applicant’s letter of intent, the existing clubhouse and storage building will be preserved and renovated as well as two soccer fields with natural turf (the site plan does not indicate the second field located south of the buildings). The applicant is proposing to develop six “mini” soccer fields that have semi-permanent half walls around each mini-field. These can be removed for required maintenance of the proposed artificial turf. The site plan indicates on the subject site a total of 96 parking spaces that are currently developed on gravel. The special use permit approved in 1986 required parking islands which are currently developed on the site. The previous occupants of the recreational fields utilized the parking located on the Porter School to provide overflow parking for the site when necessary. The applicant has received a letter of permission from the Porter School which is located to the west within the City of Roswell to utilize their parking lot during the evenings and weekends through an existing driveway that adjoins the subject. This provides an additional 46 parking spaces for a total of 142 spaces to be utilized by the site. The City of Milton Zoning Ordinance requires 50 parking spaces per field. The six mini-fields are within the area of a regular field, Staff is calculating a total of three fields that require a total of 150 parking spaces. The applicant stated that the operation of the mini-fields does not increase the number of players using a standard size field. This is based on the fact that youth soccer teams, especially younger ages do not utilize a standard field but they are “divided up” by cones to create smaller fields for practice and games. An administrative variance can be requested to reduce the number of parking spaces up to 10 percent of the total. The applicant will apply for the administrative variance to reduce the required number of parking spaces and therefore will be in compliance with the parking requirement for the use. The existing detention facility is located in the southwest corner of the parcel. This will provide sufficient amount of detention for the site based on the fact that there will be no additional disturbance of the site compared to the existing development. In addition, there will be no trees disturbed on the site. Page 8 of 10 Prepared by the Community Development Department for the Mayor and City Council Meeting August 1, 2011 (First Presentation) COMMUNITY ZONING INFORMATION MEETING – July 27, 2011 At the time of the writing of this report, the CZIM meeting had not taken place. STAFF ANALYSIS Existing Condition 1.a.: Three (3) recreational soccer fields, a 1950 square foot clubhouse and a 2500 square foot storage building including restroom facilities for a period of 10 years, after which a renewal may be requested. Proposed Condition 1.a.: Two recreational soccer fields, six mini-soccer fields, a 1950 square foot clubhouse and a 2500 square foot storage building including restroom facilities. The applicant is proposing to divide one of the soccer fields into six mini-soccer fields and to delete the portion of condition 1.a. that states a renewal may be requested afte r 10 years. The purpose of the modification is to change the types of fields that will be developed on the site. The applicant stated that regarding the operation of the fields, there will be no more players utilizing the fields than previously. This is based on the fact that youth soccer teams, especially younger ages do not utilize a full field but they are “divided up” by cones to create smaller fields for practice and games. The construction of the walls provide a more permanent and convenient use of the fields. Therefore, Staff supports the change in the number and types of soccer fields for the subject site. Secondly, based on the existing zoning records, there have not been additional requests for renewals of the use permit since 1986. This requirement for renewal is not required for special use permits of this type. Therefore, Staff supports the applicant’s request for the renewal provision to be deleted and recommends APPROVAL CONDITIONAL of Condition 1.a. EXISTING Condition 2a.: To the Site Plan received by the Zoning Department on May 5, 1986 and to submit to the Director of Public Works for his approval prior to the approval of a Land Disturbance Permit, a revised Site Plan based on a certified boundary survey of the property, incorporating the stipulations of these conditions of zoning approval and meeting or exceeding the requirements of the Zoning Resolution. PROPOSED Condition 2a.: To modify the site plan with a revised site plan and Exhibit “A” referencing aerial photo submitted to the Community Development Department on July 5, 2011. The applicant has submitted a revised site plan to the City of Milton Community Development Department on July 5, 2011 to replace the existing site plan submitted on May 5, 1986 pursuant to U86-065 for the recreational soccer fields. As mentioned above, the applicant is replacing the standard sized field with six mini-soccer fields with half walls that are semi-permanent to allow occasional maintenance of the artificial turf. Although the Page 9 of 10 Prepared by the Community Development Department for the Mayor and City Council Meeting August 1, 2011 (First Presentation) soccer field that is located closest to the building is not depicted, it does exist in aerial photographs and will also be utilized by the applicant. Staff notes that there is existing lighting on the site. The revised site plan also indicates additional lighting around the newly created mini-soccer fields. These lights shall meet or exceed the City of Milton’s Night Sky Ordinance as set forth in the Special Uses of the Ordinance indicated in Section 64-189. The revised site plan indicates existing parking on the site. Staff notes that some of the parking is located in front of the building which is inconsistent with the Northwest Fulton Overlay district but permitted based on the fact that it was developed prior to the adoption of the Overlay district. The site plan indicates compliance with the existing conditions and the Zoning Ordinance where applicable with exception to a request for an administrative variance for the parking reduction. Additionally, the proposed use is consistent with the original request for the special use permit for recreational soccer fields. Therefore, Staff recommends APPROVAL CONDITIONAL of Condition 2.a. for the revised site plan submitted on July 5, 2011 and Exhibit “A” referencing aerial photo. Existing Condition 3.g.: Limit the free-standing project identification signage on the entire property to no more than one unlighted, double-faced monument sign adjacent to Arnold Mill Road or Cox Road, having no more than 20 square feet of surface area per face and further not to exceed a height of 4 feet from finished grade measured from the base of the sign structure. Proposed Condition 3.g.: Limit the free-standing project identification signage on the entire property to no more than one unlighted, double-faced monument sign adjacent to Arnold Mill Road or Cox Road, having no more than 32 square feet per face and further not to exceed 6 feet from finished grade measured from the base of the sign structure. Pursuant to U86-065, a condition was approved for the double faced free-standing sign not to exceed 20 square feet of area and not to exceed four feet from the finished grade. The existing signage permitted within the Northwest Fulton Overlay District is 32 square feet per face and six feet from finished grade. The applicant is requesting that the condition be replaced with the current permitted sign area and height within the Northwest Fulton Overlay District. The larger sign will not be in addition to the existing sign, but intended as a replacement. Staff notes that only one sign will be permitted on the site even though the parcel fronts on two streets. It is Staff’s opinion that by approving the revised condition, it would allow the applicant to utilize the existing approved size and height for signage for the Northwest Fulton Overlay District. Therefore, Staff recommends APPROVAL CONDITIONAL of Condition 3.g. as requested. Page 10 of 10 Prepared by the Community Development Department for the Mayor and City Council Meeting August 1, 2011 (First Presentation) RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (U86-065) should be revised to read as follows: 1. To the owner’s agreement to restrict the use of the subject property as follows: a. Two recreational soccer fields, six mini-soccer fields, a 1950 square foot clubhouse and a 2500 square foot storage building including restroom facilities. 2. To the owner's agreement to abide by the following: a. To modify the site plan with a revised site plan and “Exhibit A” referencing aerial photo submitted to the Community Development Department on July 5, 2011. 3. To the owner’s agreement to the following site development considerations: g. Limit the free-standing project identification signage on the entire property to no more than one unlighted, double-faced monument sign adjacent to Arnold Mill Road or Cox Road, having no more than 32 square feet per face and further not to exceed 6 feet from finished grade measured from the base of the sign structure. ORDINANCE NO. PETITION NO. ZM11-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON COUNTY BOARD OF COMMISSIONERS APPROVING PETITION U86-065 ON JULY 2, 1986, PROPERTY LOCATED AT 170 COX ROAD WITHIN LAND LOT 1092, 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 8.133 ACRES (22- 35701092069). BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on August 15, 2011 at 6:00 p.m. as follows: SECTION 1. That the conditions of a resolution by the Fulton County Board of Commissioners, approved on July 2, 1986, for petition U86-065 that approved a special use permit for recreational soccer fields located at 170 Cox Road consisting of a total of approximately 8.133 acres, attached hereto and made a part herein; ALL THAT TRACT or parcel of land located at 170 Cox Road, (22- 35701092069); 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 15th day of August, 2011. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) CONDITIONS OF APPROVAL ZM11-02 170 Cox Road (22-35701092069) Should the Mayor and City of Council approve this petition, the Recommended Conditions (U85-065) should be revised to read as follows: 1. To the owner’s agreement to restrict the use of the subject property as follows: a. Two recreational soccer fields, six mini-soccer fields, a 1950 square foot clubhouse and a 2500 square foot storage building including restroom facilities. 2. To the owner's agreement to abide by the following: a. To modify the site plan with a revised site plan and “Exhibit A” referencing aerial photo submitted to the Community Development Department on July 5, 2011. 3. To the owner’s agreement to the following site development considerations: g. Limit the free-standing project identification signage on the entire property to no more than one unlighted, double-faced monument sign adjacent to Arnold Mill Road or Cox Road, having no more than 32 square feet per face and further not to exceed 6 feet from finished grade measured from the base of the sign structure. REVISED SITE PLAN SUBMITTED JULY 5, 2011 “Aerial Photo - EXHIBIT A” City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Mayor and City Council From: Tom Wilson, Interim Community Development Director Date: July 20, 2011, for Submission onto the August 15, 2011 City Council Meeting (First Presentation August 1, 2011, Work Session August 8, 2011) Agenda Item: RZ11-15 - To amend Chapter 64, Article VII, Division 5 as it pertains to Outdoor Amenity Areas (State Route 9 Overlay District, Section 64-1089) CMO (City Manager’s Office) Recommendation: To approve the recommended amendments of Chapter 64, City of Milton Zoning Ordinance as it pertains to Public Amenity Areas (Section 64-1089). Background: The Mayor and City Council recently approved amendments to the State Route 9 Overlay District at its April 25, 2011 City Council meeting with exception to Section 64-1089. The Planning Commission reviewed and made recommendations to the amendment, they recommended that Section 64-1089, Outdoor Amenity Areas be further studied to provide more specific requirements. Discussion: As recommended by the Planning Commission and City Council, Staff researched other jurisdictions with amenity areas required by ordinance. Staff’s recommended text amendment proposes to require all commercial or mixed use developments greater than 25,000 square feet to provide amenity areas based on their size of development ranging from five (5) percent to fifteen (15) percent of the gross land area. The amenity areas will be required to be maintained by the developer. Alternatives: The Council may allow the ordinances to remain as proposed or make other amendments to the proposed revisions. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ11-15 AN ORDINANCE TO AMEND SECTION CHAPTER 64, ARTICLE VII, DIVISION 5 OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO AMEND THE STATE ROUTE 9 OVERLAY DISTRICT AS IT PERTAINS TO OUTDOOR AMENITY AREAS (SEC 64-1089) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on August 15, 2011 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Chapter 64, Article VII, Division 5 (The State Route 9 Overlay District) as it pertains to outdoor amenity areas (Sec 64-1089), is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 15th day of August, 2011 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ11-15 Sec 64-1089 – Outdoor Amenity Areas (a) All commercial or mixed used developments greater than 25,000 square feet shall provide outdoor amenity areas based on size of development within the legal description of the zoning district as follows: (1) 25,000 sq. ft. to 50,000 sq. ft. gross building area shall provide 5 percent of the gross land area for amenity area(s) (2) 50,001 sq.ft. to 100,000 sq. ft. gross building area shall provide 7 percent of the gross land area for amenity areas(s) (3) 100,001 sq. ft to 200,000 sq.ft. gross building area shall provide 10 percent of the gross land area for amenity area(s) (4) 200,001+ sq.ft. shall provide 15 percent of land area for amenity area(s). Examples include but are not limited to pocket parks, plazas, fountains, public art, and walking and recreational trails. This shall not include parking lot islands or landscape strips. Landscaped, or ornamentally enhanced detention ponds, bio –swales and similar storm water management facilities may be included as the amenity area as approved by the City of Milton Design Review Board. The amenity areas shall be maintained by the developer in clean, safe and working order. (b) Any street furniture, benches, trash receptacles or pedestrian street lights installed in an Amenity Area must be of a type indicated below or similar as approved by the City of Milton Design Review Board. (1) benches – Victor Stanley Classic Series CR-138 in black with no center arm rest. (2) trash receptacles – Victor Stanley D-35 in black. (3) pedestrian street light - Philips Lumec Domus Series STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ11-15 Victor Stanley Classic series CR-138 bench and Victor Stanley D-35 trash receptacle Philips Lumec Domus Series Pedestrian light City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Chief Deborah Harrell Date: Submitted on June 10, 2011 for the July 18, 2011 Regular Council Meeting Agenda Item: Approval of an Amendment to the Alcohol Ordinance to Include Provisions to Allow “Brown-bagging”. City Manager’s Office Recommendation: Approval of changes to the City’s Alcohol Ordinance to allow provisions for “brown bagging”. Background: It was brought to City staff attention that at least one art studio in the city would like to allow patrons to bring their own alcohol into the business for personal use. The current alcohol ordinance prohibits this. Discussion Several other ordinances which allowed “brown bagging” were reviewed. The provisions contained here were determined to be in the best interest of the City of Milton by City Manager Chris Lagerbloom, Community Development Director Lynn Tully, and Chief Harrell. Funding and Fiscal Impact: None. Alternatives: Not agree to the proposed ordinance changes and continue to prohibit “brown bagging” in the City of Milton. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, Jarrard & Davis City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 July 6, 2011 Honorable Mayor Lockwood Council Members City Manager Lagerbloom Sudie Gordon All: The proposed revisions in the packet below were placed in first presentation on June 20, 2011. Since that time I made a few additional revisions. The revisions which are new since you were last given this document are highlighted in yellow. For this reason these revisions are again placed in first presentation on July 18, 2011. Sincerely, Chief D. Harrell Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 Sec. 4-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. Alcoholic beverage includes all alcohol, distilled spirits, beer, malt beverage, wine or fortified wine as defined in this section. Applicant means the person, partner, firm or corporation, as owner, or other entity authorized to represent the business making application for the license. Beer or malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other product, or any combination of such products in water containing not more than 14 percent alcohol by volume. (1) The term "beer or malt beverage" includes ale, porter, brown, stout, lager beer, small beer, and strong beer. (2) The term "beer or malt beverage" also includes beverages known as "nonalcoholic beer." The term "nonalcoholic beer" means a beverage which is made by the fermentation of any infusion or decoction of barley, malt, hops, or other products, and containing less than three percent, but more than one-tenth percent alcohol by volume. (3) The term "malt beverage" does not include sake, known as Japanese rice wine. Bottle house (Brown bag establishment or brown bagging or brown bagged) means any place of business open to the public or any private club which allows guests, patrons or members to bring in and consume the guest's, patron's or member's alcoholic wine.beverages on the premises. Throughout this chapter the phrase Bottle house establishment or Brown bag establishment are used interchangeably and are considered synonymous. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 Brewpub means an accessory use to a permitted restaurant where distilled spirits, malt beverages or wines are licensed to be sold and where beer or malt beverages are manufactured or brewed for consumption on the premises and solely in draft form. Church building means the main structure used by any religious organization for the purpose of worship. Distilled spirits or spirituous liquor means any alcoholic beverage obtained by distillation or containing more than 21 percent alcohol by volume including, but not limited to, all fortified wines. Eating establishment means any public place, including a place available for rental by the public selling prepared food for consumption by the public on the premises with a full-service kitchen. (1) The term "full-service kitchen" consists of: a. A three-compartment pot sink; b. A stove or grill permanently installed; and c. A refrigerator all of which must be approved by the health and fire departments. (2) An eating establishment will be prepared to serve food every hour they are open and will derive as least 50 percent of its annual gross food and beverage sales from the sale of prepared meals or food. Fixed salary means the amount of compensation paid any member, officer, agent, or employee of a bona fide private club as may be fixed for him or her by its members at a prior annual meeting or by the city council out of the general revenue of the club and shall not include a commission on any profits from the sale of alcoholic beverages. For the purpose of this definition, tips or gratuities which are added to the bills under club regulation shall not be considered as profits from the sale of alcoholic beverages. Fortified wine means any alcoholic beverage containing more than 21 percent alcohol by volume made from fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added. Fortified wine includes, but is not limited to, brandy. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 Golf club means a golf facility consisting of a clubhouse or a professional golf shop and a regulation or executive length golf course of at least nine holes, as recognized by the United States Golf Association, the Professional Golfers Association of America, and the Georgia State Golf Association. Hotel means any building or other structure providing sleeping accommodations for hire to the general public, either transient, permanent, or residential. Such hotels shall maintain a minimum of 50 rooms available for hire and have one or more public dining rooms with an adequate kitchen. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels. Hotels shall have the privilege of granting franchises for the operation of any licensed establishment described in this chapter and the holder of such franchise shall be included in this definition. License means an authorization granted by the city to operate as: (1)A retail consumption dealer; (2)A retail package dealer; or (3)A wholesale dealer; or (4) A Bbottle house / A Bbrown bag establishment. Licensee means the individual to whom a license is issued or, in the case of a partnership or corporation, all partners, officers, and directors of the partnership or corporation. Liter means the metric measurement currently used by the United States. Manufacturer means any maker, producer, or bottler of an alcoholic beverage. The term "manufacturer" also means: (1)In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; (2)In the case of malt beverages, any brewer; and (3)In the case of wine, any vintner. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 Package means a bottle, can, keg, barrel, or other original consumer container. The term "retail package alcoholic be verages" includes all alcoholic beverages in their original container, sold at retail to the final consumer, and not for resale. Pouring permit means an authorization granted by the city to cork, dispense, sell, serve, take orders, or mix alcoholic beverages in establishments licensed as a retail consumption dealer or Bbrown bag establishment. Premises means the definite closed or partitioned-in locality, whether room, shop, or building wherein distilled spirits are dispensed for consumption on the premises by the drink. Private club means any nonprofit association organized under state law which: (1) Has been in existence at least one year prior to the filing of the application for a license to be issued pursuant to this chapter; (2) Has at least 75 regular dues-paying members; (3) Owns, hires or leases a building or space within a building for the reasonable use of its members with: a. Suitable kitchen and dining room space and equipment; and b. A sufficient number of employees for cooking, preparing and serving meals for its members and guests; (4) Has no member, officer, agent or employee directly or indirectly receiving in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond a fixed sa lary. Retail consumption dealer means any person who sells alcoholic beverages for consumption on the premises, at retail, only to consumers and not for resale. School building or educational building applies only to state, county, city, or church school buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of the state and which are public schools and private schools as defined in O.C.G.A. § Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 20-2-690(b). The term "school building" includes only those structures in which instruction is offered. Sports club means an association or corporation organized and existing under state law, organized and operated primarily to provide a location for the patrons thereof to engage in sporting events. (1) To qualify for an alcoholic beverage consumption dealer's license, a sports club must have been actively in operation within the city at least two years prior to an application for license under this chapter; provided, however, the two-year operational requirement shall not apply to golf club associations or golf club corporations where the selling or the serving of alcoholic beverages is to take place on the golf course premises. (2) A sports club organized or operated primarily for serving alcoholic beverages shall not qualify for licensing under this chapter, and accordingly shall not be permitted to serve alcoholic beverages at any time. (3) Unless otherwise indicated, a sports club licensee shall comply with all other requirements imposed upon retail consumption dealers. Retail package dealer means any person who sells unbroken packages, at retail, only to consumers and not for resale. Wholesaler or wholesale dealer means any person who sells alcoholic beverages to: (1) Other wholesale dealers; (2) Retail dealers; or (3) Retail consumption dealers. Wine means any alcoholic beverage containing not more than 21 percent alcohol made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. (1) The term "wine" includes, but is not limited to, all: Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 a. Sparkling wines, champagnes, and combinations of such beverages; b. Vermouths; and c. Special natural wines, rectified wines, and like products. (2) The term "wine" does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. (3) A liquid shall first be deemed to be a wine at the point in the manufacturing process when it conforms to this definition. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 2), 12-6-2007) State law reference— Similar definitions, O.C.G.A. § 3-1-2. Sec. 4-2. - Penalty; misdemeanor. (a) A violation of any section of this chapter shall be unlawful, the penalty shall be as provided by law for misdemeanors. In addition, the license of any licensee contributing thereto shall be subject to suspension or revocation in accordance with this chapter. (b) Any such violation may be tried in the city municipal court if no jury trial is demanded, otherwise trial shall be in the state court of Fulton County. (Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 2), 12-6-2007) State law reference— Punishment for misdemeanors generally, O.C.G.A. § 17- 10-3; maximum punishments which may be imposed for violations of city or county ordinances, O.C.G.A. § 36-1-20. Sec. 4-3. - License is a privilege. (a) Granted by mayor and city council. Alcoholic beverages may be sold in the city under a license granted by the mayor and city council upon the terms and conditions provided in this chapter. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (b) Privilege. All licenses in this chapter shall be a mere grant of privilege to carry on the business during the term of the license, subject to all the terms and conditions imposed by this Code and state law. (c) Required language. All licenses pursuant to this chapter shall have printed on the front these words: "This license is a mere privilege subject to being revoked and annulled, and is subject to any further ordinances that may be enacted by the city." (d) Compliance with state law required. Any holder of a license issued pursuant to this chapter to operate as a retail consumption dealer, a retail package dealer, or a wholesale dealer is required to apply for and obtain an alcoholic beverage license from the state before any sales commence. Additionally, city licensees are required to abide by all applicable state regulations and laws. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 1), 12-6-2007) State law reference— License as privilege, O.C.G.A. § 3-3-1; permit or license from governing authority required for wholesale or retail sales of alcoholic beverages; due process guidelines; fingerprints, O.C.G.A. § 3-3-2. Sec. 4-4. - Deliquent taxes; city authority to execute. If any person shall fail to pay the sum due under this chapter, the city manager or his or her designee shall issue an execution against the person so delinquent and his or her property for the amount of the delinquent fee or tax. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 13), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 13), 12-6-2007) Sec. 4-5. - Notice. For the purpose of this chapter, notice shall be deemed delivered personally, or served by certified mail within three days after the date of deposit in the United States mail. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 20), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 20), 12-6-2007) Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 Sec. 4-5. - Required; sales restricted to licensed premises. It shall be unlawful for any person to sell or possess for the purpose of sale any alcoholic beverage where the person does not have a license granted by the city to sell or possess for sale these alcoholic beverages, or to sell or make deliveries beyond the boundaries of the premises covered by the license, or to allow brown bagging.. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 4), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 4), 12-6-2007) Sec. 4-26. - Fees. (a) Required. (1) Each application for a license under this chapter shall be accompanied by a processing fee in an amount established by the city council to defray investigative and administrative costs. The processing fee shall be nonrefundable except as provided in this section. (2) Any person applying for more than one license shall pay only one processing fee to defray investigative and administrative expenses, which fee shall be the largest of the processing fees authorized under this Code. As to any applicant for a license under this chapter who has in existence at the time of making the new application an existing license under this chapter, there shall be no investigative and administrative fee. (3) Upon issuance of the license, the applicant shall make payment of the license fee in the amount established by the city council. (b) Proration. All licenses granted under this chapter shall be for the calendar year, and the full license fee must be paid for a license application filed prior to July 1 of the license year. One-half of a full license fee shall be paid for any license application filed after July 1 of the license year except for applications for temporary licenses. (c) Lates fees and interest. Any person applying for a new license issued under this chapter who shall pay the required fee, or any portion thereof, after January 1 shall, in addition to the annual fee and late charges, pay simple interest of one percent per month on the delinquent balance. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 16, art. 4, § 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 16, art. 4, § 5), 12-6-2007) Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 State law reference— Maximum fees for municipal and county licenses, O.C.G.A. § 3- 4-50. Sec. 4-27. - Promotions and sales. (a) No licensee or employee or agent of a licensee, in connection with the sale or other disposition of alcoholic beverages for consumption on the premises, shall: (1) Offer or deliver any free alcoholic beverage to any person or group of persons. (2) Deliver more than two alcoholic beverages to one person at a time, however, nothing herein shall prohibit a brewpub from offering a sampler of malt beverages in containers not exceeding four ounces. Each sampler shall not exceed four different types of malt beverages. (3) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverage at a price less than the price regularly charged for such alcoholic beverage during the same calendar week, except at private functions not opened to the public. (4) Sell, offer to sell, or deliver to any person or group of persons an unlimited number of alcoholic beverages during any set period of time for a fixed price, except at private functions not open to the public. (5) Sell, offer to sell, or deliver alcoholic beverages to any person or group of persons on any one day at prices less than those charged the general public on that day, except at private functions not opened to the public. (6) Sell, offer to sell, or deliver alcoholic beverages, including malt beverages, in any container which holds more than 32 fluid ounces (0.947 liters), except to two or more persons at any one time. (7) Increase the volume of alcohol contained in a drink without increasing proportionately the price regularly charged for such alcoholic beverage during the same calendar week. (8) Encourage or permit on the licensed premises any game or contest which involves the drinking of alcoholic beverages or the awarding of alcoholic beverages as a prize. (b) Each licensee shall maintain a schedule of the price charged for all alcoholic beverages to be served and consumed on the licensed premises or in any room or part Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 thereof. The licensee shall not vary the schedule of prices from day-to-day or from hour- to-hour within a single day. The schedule of prices shall be posted in a conspicuous manner so as to be in view of the paying public, and the schedule shall be effective for not less than one calendar week. (c) No licensee shall advertise or promote in any way, whether within or without the licensed premises, any of the practices prohibited under this section. (d) No provision of this section shall be construed to prohibit licensees from: (1) Offering free food or entertainment at any time; (2) Including an alcoholic beverage as part of a meal package; or (3) Selling or delivering wine by the bottle or carafe when sold with meals or to more than one person. (e) It is the intent of this section to prohibit activities typically associated with promotions referred to as "happy hour" or similarly designated promotions. (f) The public safety police department shall have the responsibility for the enforcement of this chapter. (g) No licensee may require the purchase of any alcoholic beverage as a part of or prerequisite to the purchase of any other product or service. If alcoholic beverages are included as part of a package of other goods and services, the alcoholic beverages must be priced separately and all customers must be allowed to purchase the remaining goods and services without the alcoholic beverages at a price from which the full price of the alcoholic beverages has been deducted. (Ord. No. 06-11-13, § 1(ch. 7, art. 9, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 9, § 1), 12-6-2007) State law reference— Advertisement of prices, O.C.G.A. § 3-6-25.1; limitations with regard to posting of signs by retail dealer of distilled spirits, O.C.G.A. § 3-4-3. Secs. 4-28—4-46. - Reserved. Separate application and license for each location of sale. Separate applications must be made for each location and separate licenses must be issued. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 7), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 7), 12-6-2007) Sec. 4-48. - Required. (a) City form. All persons desiring to sell alcoholic beverages, or allow brown bragging shall make an application on the form prescribed by the city manager. (b) Contents. The application shall include, but not be limited to: (1) The name and address of the applicant; (2) The proposed business to be carried on; (3) If a partnership, the names and residence address of the partners; (4) If a corporation, the names of the officers; (5) The names and address of the registered agent for service of process; (6) The name of the manager; and (7) The name of all shareholders holding more than 20 percent of any class of corporate stock, or any other entity having a financial interest in each entity which is to own or operate the establishment for which a license is sought. (c) Financial information. All applicants shall furnish such financial and other information and records as may be required by the city manager to ensure compliance with the provisions of this chapter. Failure to furnish the information and records pursuant to such request shall automatically serve to dismiss the application with prejudice. (d) Notary. All applications shall be sworn to by the applicant before a notary public or other officer empowered by law to administer oaths. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 8), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 8), 12-6-2007) Sec. 4-49. - Affidavit regarding criminal history required. At the time an application is submitted for any alcoholic beverage license, the applicant shall, by a duly sworn affidavit, certify that neither the applicant, nor any of the other owners of the establishment, has been convicted of, or pleaded guilty or entered a plea Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 of nolo contendere and has been released from parole or probation to any crime involving: (a1) Moral turpitude; (b2) Illegal gambling; (c3) Illegal possession or sale of controlled substances; (d4) Illegal possession or sale of alcoholic beverages, including the sale or transfer of alcoholic beverages to minors in a manner contrary to law; (e5) Keeping a place of prostitution; (f6) Pandering; (g7) Pimping; (h8) Public indecency; (i9) Prostitution; (j10) Solicitation of sodomy; or (k11) Any sexually related crime within a period of ten years immediately prior to the filing of such application. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 10), 12-6-2007) Sec. 4-50. - Withdrawal by applicant; refunds. (a) Any license application made pursuant to this chapter may be withdrawn by the applicant at any time. (b) If the application is withdrawn before the license is issued, any sums deposited as license fees will be refunded less applicable processing fees. After issuance of the license, no refunds will be made. No refunds shall be made under any circumstances for investigative and administrative expenses required in this chapter. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 9), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 9), 12-6-2007) Sec. 4-51. - Notice. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (a) Posting on premises to be licensed. (1) Required; specifications. The applicant for an original license including a brown bag license shall, at his or her own expense, post a notice on the premises to be licensed. The notice shall be posted for at least 15 days prior to the date of the hearing. The notice shall be on a sign having a surface of not less than 12 square feet. The notice shall be painted or printed in black letters at least three inches in height against a white background. The notice shall state: a. That an application for a license to allow brown bagging or sell alcoholic beverages on the premises has been filed with the city; b. The type of license applied for; c. The time and place of the public hearing to be held on such license application; and d. The names in which the license is to be issued. (2) Placement. The advertisement shall be placed with the base of the sign not more than three feet from the ground on the most conspicuous part of the premises, facing the most frequently traveled road, street or highway abutting same, and not more than ten feet there from. (b) Publication. (1) Contents. The city treasurer shall prepare and cause to be published a notice of each pending application, which notice shall include: a. The date the application will be considered by the city council; b. The location or street number of the premises where the applicant proposes to conduct activities permitted by this chapter; and c. The applicant's name. (2) Costs. The applicant shall pay the publication costs. (3) Newspaper of general circulation. The notice shall be published in a newspaper of general circulation within the city, and shall appear once a week for two weeks immediately preceding consideration of the application by the city council. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 10), 12-6-2007) State law reference— Governing authority shall set forth ascertainable standards pertaining to the granting, refusal, suspension or revocation of alcoholic beverage permits or licenses, O.C.G.A. § 3-3-2. Sec. 4-52. - Approval by ordinance. All applications for alcoholic beverage licenses shall be approved via ordinance by the city council. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 10), 12-6-2007) Sec. 4-53. - Denial. (a) Notice required. The city manager shall provide written notice to any applicant whose application is denied under the provisions of this chapter. Such written notification shall set forth in reasonable detail the reasons for such denial and shall advise the applicant of the right to appeal under the provisions of this chapter. (b) Reapplication permitted after one year. In all instances in which an application is denied under the provisions of this chapter the applicant may not reapply for a license for at least one year from the final date of such denial. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 8), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 8), 12-6-2007) Secs. 4-54—4-72. - Reserved. Applicants. (a) No license issued pursuant to this chapter for the sale of alcoholic beverages shall be granted to any person who is not a citizen of the United States or an alien lawfully admitted for permanent residence. (b) If the applicant is a partnership or corporation, the provisions of this section shall apply to all its partners, officers and majority stockholders. Issuance of the license shall be as follows: (1) In the case of a corporation the license shall be issued jointly to the corporation and the majority stockholder, if an individual. If the majority stockholder is not an individual, Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 the license shall be issued jointly to the corporation and its agent registered under the provisions of this chapter. (2) In the case of a partnership, the license will be issued to all the partners owning at least 20 percent of the partnership; or if no partner owns 20 percent of the partnership, then the general partner, managing partner or the partner with the greatest ownership will be licensed. (c) No person shall be granted any alcoholic beverage license unless it shall appear to the satisfaction of the city manager or his or her designee that such person, partners in the firm, officers and directors of the corporation have not b een convicted or plead guilty or entered a plea of nolo contendere, and has been released from parole or probation, to any crime involving: (1) Moral turpitude; (2) Illegal gambling; (3) Illegal possession or sale of controlled substances; (4) Illegal possession or sale of alcoholic beverages, including the sale or transfer of alcoholic beverages to minors in a manner contrary to law; (5) Keeping a place of prostitution; (6) Pandering; (7) Pimping; (8) Public indecency; (9) Prostitution; (10) Solicitation of sodomy; or (11) Any sexually related crime within a period of ten years immediately prior to the filing of such application. (d) No license issued pursuant to this chapter for the sale of alcoholic beverages shall be granted to any person convicted under any federal, state or local law of any felony, within ten years prior to the filing of application for such license. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (e) It shall be unlawful for any city employee directly involved in the issuance of alcoholic beverage licenses under this chapter to have any whole, partial or beneficial interest in any license to sell alcoholic beverages in the city. (f) No license issued pursuant to this chapter for the sale of alcoholic beverages shall be granted to any person who has had any license issued under the police powers of any jurisdiction within the state previously revoked within two years prior to the filing of the application. (g) The city manager may decline to issue a license when any person having any ownership interest in the operation of such place of business or control over such place of business does not meet the same character requirements as set forth in this section for the licensee. (h) All applicants for any alcoholic beverage license must be of good character, and all operators, managers, clerks, or other employees shall be of like character. Corporate or firm applicants shall be of good business reputation. (i) A license application may be denied to any applicant for any alcoholic beverage license where it appears that the applicant would not have adequate financial participation in the proposed business to direct and manage its affairs, or where it appears that the application is intended to be a mere surrogate for a person who would not otherwise qualify for a license for any reason whatsoever. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 10), 12-6-2007) Sec. 4-74. - Effect of prior criminal history; exceptions. (a) An applicant's first time conviction for illegal possession of alcohol as a misdemeanor or violation of a city ordinance shall not, by itself, make an applicant ineligible for an alcoholic beverage license. (b) For purposes of this chapter, a conviction or plea of guilty or nolo contendere shall be ignored as to any offense for which a defendant who was allowed to avail themselves of the state first offender provisions, O.C.G.A. § 42-8-60 et seq. Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentencing court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 10), 12-6-2007) Sec. 4-75. - City manager permitted discretion concerning qualifications. (a) The city manager, in his or her discretion, may consider any extenuating circumstances which may reflect favorably or unfavorably on: (1) The applicant; (2) The application; or (3) The proposed location of the business. (b) If, in the city manager's judgment, circumstances are such that granting of the license would not be in the general public's best interest, such circumstances may be grounds for denying the application. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 10), 12-6-2007) Secs. 4-76—4-95. - Reserved. FOOTNOTE(S): (18) State Law reference— Local discretion and due process as to grant or suspension of permits, O.C.G.A. § 3-3-2. (Back) Sec. 4-96. - Registered agent required. All licensed establishments must have and continuously maintain in Fulton County, Georgia, a registered agent upon whom any process, notice or demand required or permitted by law or under this chapter to be served upon the licensee or owner may be served. This person must be a resident of the county. The licensee shall file the name of such agent, along with the written consent of such agent, with the city manager and shall be in such form as he or she may prescribe. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 10), 12-6-2007) Sec. 4-97. - Notice of change in management required. If the manager of the licensed premises changes, the licensee must furnish the city treasurer's office with the name and address of the new manager and other information as may be required by the city council within ten days of such change. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 8), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 8), 12-6-2007) Sec. 4-98. - Display of license at place of business required. The city alcoholic beverage license shall at all times be kep t plainly exposed to view to the public at the place of the business of the licensee. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 15), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 15), 12-6-2007) State law reference— Similar provision, O.C.G.A. § 3-3-3. Sec. 4-99. - Limited circumstances where transfer of license permitted. (a) No license for the sale of alcoholic beverages shall be transferable, except as otherwise provided in this section. (b) In case of the death of a licensee, the establishment shall be allowed to continue to sell alcoholic beverages, or allow for brown bagging, for a period of 45 days from the date of death or until the expiration of the license or until approval of a new licensee, whichever shall first occur; provided that no sale of alcoholic beverages shall be allowed until such time as a personal representative of the estate, appointed by a probate court of competent jurisdiction, shall make an application for authorization with the city manager. (c) If a license is surrendered or a licensee severs his or her association with a licensed establishment, the establishment may continue to sell alcoholic beverages , or allow brown bagging, for a period of 45 days from the date of surrender, or from the date determined by the city manager to be the date of severance; provided no such sale , or brown bagging shall be authorized until such time as a new application for a license is made. The application shall indicate that no change of ownership has oc curred, except as excepted in this section. Upon issuance of a new license, the authorization to sell or allow brown bagging under the previous license shall be revoked by operation of law. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 No additional license fees shall be required during the period for which the original license was issued. (d) Nothing in this section, however, shall prohibit one or more of the partners holding a license to withdraw from the partnership in favor of one or more of the partners who were partners at the time of the issuance of the license. This section shall not prohibit transfer of stock between persons who held stock in the corporation at the time of issuance of the license nor shall it prohibit transfers of stock which do not result in any person increasing his or her stock holdings to a total of ten percent or more of any class of stock. (e) Except as provided in subsections (a) through (d) of this section, any change in the ownership of any entity owning a licensed establishment shall cancel and revoke any license pursuant to this chapter automatically, without the necessity of any hearing. (f) Violation of this section shall result in the revocation of the license being used and a fine on the new ownership and the old ownership as provided in this chapter. (g) No license will be issued to the old or the new owner in the county for one year from the date of the violation of this section. (h) Should a licensee make application to the city manager for a transfer of location and should such a transfer of a location be approved, with no change of ownership of the business, the license fee paid for the previous license shall be applied to the new location. Each applicant for a transfer of location shall pay a transfer fee as set forth from time to time by city council resolution. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 14), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 14), 12-6-2007) Sec. 4-100. - Audits. (a) If the city manager deems it necessary to conduct an audit of the records and books of the licensee, he or she shall notify the licensee of the date, time and place of the audit. The city manager may designate the city's internal auditor or other designated person to perform any audit authorized in this Code. The licensee shall cooperate with the audit or forfeit any license issued under this chapter. (b) All licensed establishments possessing a retail consumption, retail package, and/or wholesale license must maintain the following records for a three-year period and make them available for audit at the licensed premises: Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (1) Monthly income or operating statements. (2) Daily sales receipts showing liquor, beer, wine and food sales separately (this requirement does not apply to package beer and wine licensees). (3) Daily cash register receipts such as Z tapes or guest tickets. (4) Monthly state sales and use tax reports. (5) Federal income tax return with all Form 1099s. (c) The city manager can waive all or some of the requirements of subsection (b) of this section if the city manager finds that no such records exist and it is not financially practically-based on the net income of the licensed establishment to require them to keep such records. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 22 ), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 22 ), 12-6-2007) Sec. 4-101. - Expiration; renewal. (a) All licenses granted under this chapter shall expire on December 31 each year. Licensees shall be required to file a renewal application with the requisite fee with the city manager on the form provided for a new or renewal license for the ensuing year. (b) The applicant for renewal shall be required to comply with all rules and regulations for the granting of licenses each year, including the submittal of the required data in order to meet criminal investigative compliance each renewal year. (c) Alcoholic beverage license renewal applications and payments are due on or before November 15 of each year. Renewal applications and payments received between November 16 and December 15 are subject to a ten percent late fee and a one percent per month simple interest charge on the delinquent balance. (d) Businesses failing to renew their alcoholic beverage licenses prior to December 15 must reapply for an alcoholic beverage license in which the application will be treated as if no previous license had been held, including the need to review the investigative, zoning, and distance requirements. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 16), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 16), 12-6-2007) Sec. 4-102. - Automatic forfeiture of license for nonnuse. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 Any holder of any license under this chapter who shall for a period of three consecutive months after the license has been issued cease to operate the business and sale of the products authorized shall, after the three-month period, automatically forfeit the license without the necessity of any further action. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 17), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 17), 12-6-2007) Secs. 4-103—4-121. - Reserved. Sec. 4-122. - Due cause required. (a) Definitions. The term "due cause," for the purpose of suspension or revocation of a license, means: (1) The violation of any laws or ordinances regulating the business; (2) The violation of any state or federal law; (3) Any reason which would authorize the city to refuse the issuance of a license; or (4) Any violation of this chapter. (b) Notice and hearing. No alcoholic beverage license having been issued shall be suspended or revoked except for due cause, after a hearing and upon written notice to the holder of such license of the time, place and purpose of the hearing and a statement of the charges upon which the hearing shall be held. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 19), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 19), 12-6-2007) Sec. 4-123. - Imposed upon the following circumstances. The city manager shall impose a suspension of a license, or revoke a license, upon receiving information of occurrence of any one of the following events: (a1) A license may be denied, or immediately suspended or revoked where the licensee furnishes fraudulent or untruthful information in the application for a license and for failure to pay all fees, taxes or other charges imposed under the provisions of this chapter and state law. (b2) Whenever the state shall revoke any permit or license to sell alcoholic beverages the city license shall thereupon be automatically revoked. The Police Chief public safety Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 director, upon receiving notice of the state revocation, shall take the necessary steps to see that signs are removed and that all alcoholic beverage sales and/or brown bagging cease. (c3) Any licensed establishment that is found to be in violation of the provisions of this chapter shall be subject to immediate license revocation. (d4) The license shall be revoked of any licensee whose license has been suspended three or more times in any consecutive 12-month period. (e5) The license shall be revoked of a licensee of any premises where alcoholic beverages have been sold or distributed, or which has allowed brown bagging during a period of suspension. (f6) The license may be suspended or revoked of any establishment which does not meet the licensing qualifications set forth in this chapter at any time such knowledge becomes known to the city officials. (g7) An act or omission of a licensee, owner of more than 20 percent interest in the licensed establishment, or employee of the licensee or licensed establishment willingly or knowingly performed, which constitutes a violation of federal or state law or of any provision of this chapter will subject the licensee to the suspension or revocation of its license in accordance with the provisions of this chapter, regardless of whether any criminal prosecution or conviction ensues; provided, however, in the case of an employee, it shall be established that the acts of the employee: (1a). Were known to or under reasonable circumstances should have been known to the licensee; (2b). Were condoned by the licensee; or (3c). Where the licensee has not established practices or procedures to prevent the violation from occurring. (h8) Whenever it can be shown that a license under this chapter no longer maintains adequate financial responsibility upon which the issuance of the license was conditioned, or whenever the licensee has defaulted in any obligation of any kind whatsoever, lawfully owing to the city. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 18), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 18), 12-6-2007) Sec. 4-124. - Crimes resulting in immediate revocation. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 An alcoholic beverage license shall be immediately revoked and canceled should any applicant, partner, or officer used in the sale, or dispensing, or brown bagging of any alcoholic beverage, after a license has been granted, be convicted or plead guilty or nolo contendere to a crime involving: (a1) Moral turpitude; (b2) Illegal gambling; (c3) Illegal possession or sale of controlled substances; (d4) Illegal possession or sale of alcoholic beverages (including the sale or transfer of alcoholic beverages and the sale or transfer of alcoholic beverages to minors in a manner contrary to law); (e5) Keeping a place of prostitution; (f6) Pandering; (g7) Pimping; (h8) Public indecency; (i9) Prostitution; (j10) Solicitation of sodomy; or (k11) Any sexual related crime. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 10), 12-6-2007) Sec. 4-125. - Mandatory suspension periods. Whenever this chapter permits suspension of any license, but does not mandate the period of suspension, the following guidelines shall apply: (a1) First suspension in a 12-month period shall not exceed 30 days. (b2) Second suspension in a 12-month period shall not exceed 60 days. (c3) Third suspension in a 12-month period shall cause a revocation of the license and result in the inability of the licensee to obtain a license from the city for a term of three years from the date of revocation. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 18), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 18), 12-6-2007) Secs. 4-126—4-144. - Reserved. Sec. 4-145. - License review board. (a) Established. There is hereby established a License Review Board (board) consisting of the currently seated mayor and six councilmembers. (b) Duties. The board shall have the following duties: (1) To hear deferred applications or appeals from administrative decisions by the city manager with regard to issuance of licenses, transfers, renewals, change of ownership or other matters affecting such licenses. (2) To hear appeals with regard to the issuance or renewal of employee pouring permits. (3) To hear any matter involving the revocation or suspension of a license or other disciplinary action against a licensee, or employee under a work permit. (4) To consider and act upon any other matter specifically delegated to the board by city ordinance, resolution or action of the city council. (c) Authority. The board shall have the authority to hear or determine any matter set forth in this chapter unless specifically prohibited therefrom. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 19), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 19), 12-6-2007) Sec. 4-146. - Hearing; grounds; notice. (a) Grounds. Applicants shall be given a hearing on the following grounds: (1) The application for a license or renewal of a license has been denied; (2) The license have been suspended or revoked; and (3) The licensee is charged with selling alcoholic beverages to a minor or to an intoxicated person or for allowing brown bagging without a license. (b) Notice. The licensees mentioned in subsection (a) of this section shall be given written notice of the date, time and place when the board will consider the respective Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 matter. The applicant and interested parties shall be afforded the opportunity to be heard by the board and present evidence to the board prior to making its decision. Ten days' notice shall be deemed reasonable, but shorter or longer periods of notice shall be authorized as the board may deem the circumstances to justify. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 19), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 19), 12-6-2007) Sec. 4-147. - Decisions of board; appeal to city council. (a) The decision of the board shall be in writing and shall be final unless appealed by the applicant or licensee to the council within ten days of the date of the board's written decision. The appeal shall be in writing and filed with the city clerk. (b) The board shall meet at such times as necessary as determined by the boa rd and shall render decisions within a reasonable time. Four members of the board shall constitute a quorum, and all decisions of the board shall require a majority vote of the quorum. Such meeting shall not be scheduled later than 30 days from the time a matter is filed for hearing or appealed to the board. (c) The mayor shall serve as chair and minutes and records of all proceedings shall be recorded by the city clerk and kept and maintained in the city clerk's office. (d) The council shall conduct a de novo hearing at a regularly scheduled meeting within 30 days of the filing of the appeal to hear evidence and, at the conclusion of such hearing shall render a decision to uphold the decision made by the board, reverse the decision made by the board, or in its discretion, modify the decision made by the board. The decision of the council shall be rendered not later than its next regularly scheduled meeting. (e) The decision of the council as rendered on an appeal under this article shall be final unless the licensee applies to the Superior Court of Fulton County by filing a petition for a writ of certiorari within 30 days of the decision rendered by the council. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 19), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 19), 12-6-2007) Secs. 4-148—4-166. - Reserved. Sec. 4-167. - Temporary licenses. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (a) Authority. The city manager is hereby authorized to issue temporary licenses for the sale of alcoholic beverages, either malt beverages and wine or distilled spirits, subject to the conditions set forth in this section. (b) Not to exceed 60 days; requirements. Temporary licenses may be issued for such period as may be determined by the city manager, not to exceed 60 days. No such license shall be issued unless: (1) A written application for the same is filed with the city manager. (2) An application for a permanent license, together with payment in full of the fee thereof, has been deposited with the city manager. (3) The city manager is satisfied that the location for the proposed license substantially complies with the provisions of this section authorizing such license in the city. (4) The denial of a temporary license would create undue hardship upon the applicant, such as the closing of an existing business or delaying of the opening of a new business. (5) There is payment of the fee prescribed by this section. (6) There is an agreement by the applicant that the temporary license may be revoked, with or without cause, by the city manager at any time. (c) Fee. The fee for issuance of a temporary license under this section shall be as established from time to time by the city council. (d) No bearing on decision for permanent license. The grant or denial of a temporary license under the provisions of this section shall not affect or have any bearing upon the grant or denial of a permanent license. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 6), 12-6-2007) Sec. 4-168. - Temporary special event license (pouring permit). (a) Not to exceed ten days; application; fee; requirements. A temporary pouring permit may be issued to any person for a period not to exceed ten days in any one year for an approved special event. The person must make an application and pay the fee that may be required from time to time by city council ordinance and shall be required to comply Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 with all the general ordinances and the licensing and regulations for a consumption on the premises establishment with the exception of the full-service kitchen requirement. (b) Not to be issued for brown bagging. Brown bagging is not allowed at any special event as defined in this ordinance. (cb) Criteria for issuance. The special event must meet the following criteria prior to the issuance of a license to sell alcoholic beverages: (1) The event must have been permitted as an approved special event through the city's community development department prior to the issuance of a temporary pouring permit. (2) The special event must be associated with and benefit the cause of a charitable or civic organization. (3) The special event must receive approval from the city public safety police department on crowd control and security measures. (4) The special event must receive approval from the city department of transportation, traffic operations section, on traffic control measures. (5) The location at which the special event is to take place must be properly zoned and approved by the city planning and community development departments. (6) The premises at which the special event is to take place must be approved by the city manager. (c) Employee or volunteer excepted. Any employee or volunteer of the special event licensee, working the special event in any position dispensing, selling, serving, taking orders or mixing alcoholic beverages shall not be required to obtain a pouring permit for the special event. (d) Police Chief’s Public safety director's authority to revoke. The Police Chief public safety director or his or her designee may immediately revoke any temporary license for a special event if it is determined continued alcohol sales may endanger the health, welfare or safety of the public. (e) Indemnification required. As a condition on the issuance of a temporary special event license, the licensee shall indemnify and hold the city harmless from claims, demand or cause of action which may arise from activities associated with the special event. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (Ord. No. 06-11-13, § 1(ch. 7, art. 7, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 7, § 6), 12-6-2007) Secs. 4-169—4-177. - Reserved. Sec. 4-188. - Permitted where 50 percent of floor space and storage area devoted to retail grocery. No beer or malt beverage or wine shall be sold at retail except in establishments maintaining 50 percent of the floor space and storage area in a manner which is devoted principally to the retail sale of grocery products and located in zoning districts in which these establishments are permitted as a conforming use or in districts where an existing establishment exists as a nonconforming use. (Ord. No. 06-11-13, § 1(ch. 7, art. 4, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 4, § 1), 12-6-2007) Sec. 4-189. - Hours and days of operation. (a) Retail package licensees shall not engage in the sale of beer or malt beverages and/or wine except between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday. The hours within which business may be carried on shall be determined by the standard time in force at the time of the sale of beer or malt beverages and/or wine. (b) Retail package beer and/or wine shall not be sold at any time in violation of any local ordinance or regulation or of any special order of the governing authority. (Ord. No. 06-11-13, § 1(ch. 7, art. 4, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 4, § 2), 12-6-2007) Sec. 4-190. - Use of tags or labels required. Retailers shall indicate plainly by tags or labels on the bottles or containers or on the shelf immediately below where the containers are placed the prices of all beer and wine exposed or offered for sale. (Ord. No. 06-11-13, § 1(ch. 7, art. 4, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 4, § 3), 12-6-2007) State law reference— Advertisement of prices, O.C.G.A. § 3-4-26. Sec. 4-191. - Single cans/bottles or other containers permitted for sale. Single cans or bottles or other containers of alcoholic beverages may be sold at retail. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (Ord. No. 06-11-13, § 1(ch. 7, art. 4, § 4), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 4, § 4), 12-6-2007) Secs. 4-192—4-210. - Reserved. Sec. 4-211. - Distance requirement for retail package establishments. No retail package liquor licensed place of business shall be licensed to operate within 500 yards of any other business licensed to sell package liquor at retail, as measured by the most direct route of travel on the ground. (Ord. No. 06-11-13, § 1(ch. 7, art. 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 5), 12-6-2007) State law reference— Similar provision, O.C.G.A. § 3-4-49. Sec. 4-212. - Hotels excepted. The distance provision of section 4-211 shall not apply to any hotel licensed under this chapter. (Ord. No. 06-11-13, § 1(ch. 7, art. 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 5), 12-6-2007) State law reference— Similar provision, O.C.G.A. § 3-4-49. Secs. 4-213—4-221. - Reserved. Sec. 4-232. - Permitted where eating establishment has full-service kitchen or publicly- owned golf course. No beer or malt beverages or wine shall be sold for consumption on the premises where sold, except: (1) In eating establishments having a full-service kitchen. a. Definitions. The term "full-service kitchen" means a kitchen prepared to serve food every hour it is open, consisting of: 1. A three-compartment sink; 2. A stove or grill permanently installed; and 3. A refrigerator, all of which must be approved by the health and fire departments. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 b. Location. The eating establishments referred to in this section must be located in a zoning district which permits restaurants and drive-in restaurants as conforming uses or where these eating establishments are incidental to a hotel or motel. (2) At a publicly-owned golf course. (Ord. No. 06-11-13, § 1(ch. 7, art. 3, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 3, § 1), 12-6-2007) Sec. 4-233. - Hours and days of operation. The sale of malt beverages or wine by the drink for consumption on premises and/or the allowance of brown bagging of wine shall be permitted only during the following hours and days of the week, as indicated: (a1) Monday through Saturday, from 11:00 a.m. 9:00 a.m. until 2:00 a.m. of the following day. (b2) Sunday from 12:30 p.m. until 2:00 a.m. of the following day; provided, however, any licensed establishment which serves alcohol on Sunday shall derive at least 50 percent of its total annual gross sales from the sale of prepared food or meals. (c3) All licensed premises shall close their premises to the public and clear the premises of patrons within 30 minutes after the time set in this section for discontinuance of the sale of alcoholic beverages on the premises. (d4) The licensed business shall open its business each day it is open by not later than 5:00 p.m. (e5) The sale of beer or malt beverages or wine shall not be permitted within 250 feet of any polling place on primary or election days. (Ord. No. 06-11-13, § 1(ch. 7, art. 3, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 3, § 3), 12-6-2007) State law reference— Sale of alcoholic beverages on Sunday, O.C.G.A. § 3 -3-7; sale of alcoholic beverages on Sundays and election days, O.C.G.A. § 3 -3-20. Sec. 4-234. - Sale of food, fully-equipped kitchen, and premises maintenance required; exception. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (a) In addition to other requirements under this article, a licensed premise for the sale of beer or malt beverages or wine by the drink shall comply with the fol lowing: (1) The licensed business shall offer to its patrons prepared food and meals during all hours it is open. (2) The licensed business shall have a fully-equipped kitchen, including cooking range, oven, refrigeration, food preparation area, sink and other items necessary for the preparation of food and meals to be served on the premises. (3) Comply with all the requirements of this chapter relating to the manner by which premises shall be maintained. (b) This section shall not apply to private clubs or establishments that solely allowing brown bagging. (Ord. No. 06-11-13, § 1(ch. 7, art. 3, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 3, § 3), 12-6-2007) Secs. 4-235—4-253. - Reserved. Sec. 4-254. - Condition of premises to comply with city, county and state regulations; inspections. (a) The licensed premises shall be kept clean and shall be in full compliance with all city regulations governing the conditions of the premises. (b) The Fulton County Health Department shall regularly inspect such licensed premises to determine that such licensed premises are in compliance with all Fulton County and state health rules and regulations and report any violations to the city manager or his or her designee. (c) City fire personnel or Fulton County fire personnel shall regularly inspect the premises to see that they are in compliance with all city, Fulton County and state fire regulations and report any violation to the city manager or his or her designee. (d) The city community development department shall regularly inspect the licensed premises to determine if the premises are in compliance with all technical codes of the city and Fulton County and report any violation to the city manager or his or her designee. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (e) City police personnel or Fulton County police personnel shall periodically inspect the premises to determine if the licensed premises are in compliance with all provisions of this article and report any violation to the city manager or his or her designee. (Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 3), 12-6-2007) Sec. 4-255. - Hours of operation. The sale of distilled spirits by the drink for consumption on premises shall be permitted only during the following hours and days of the week, as indicated: (a1) Monday through Saturday, from 11:00 a.m. 9:00 a.m. until 2:00 a.m. of the following day. (b2) Sunday from 12:30 p.m. until 2:00 a.m. of the following day; provided, however, any licensed establishment which serves alcohol on Sunday shall derive at least 50 percent of its total annual gross sales from the sale of prepared food or meals. (c3) All licensed premises shall close their premises to the public and clear the premises of patrons within 30 minutes after the time set in this section for discontinuance of the sale of alcoholic beverages on the premises. (d4) In addition to other requirements under this article, a licensed premises for the sale of distilled spirits by the drink shall comply with the following: (1)a. The licensed business shall open its business each day it is open by not later than 5:00 p.m. (2)b. The licensed business shall offer to its patrons prepared food and meals during all hours it is open. (3)c. The licensed business shall have a fully-equipped kitchen, including cooking range, oven, refrigeration, food preparation area, sink and other items necessary for preparation of food and meals to be served on the premises. (4)d. Comply with all the requirements of section 4-254, relating to the manner by which the premises shall be maintained. (e5) This section shall not apply to private clubs. (Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 5), 12-6-2007) Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 Sec. 4-256. - Conditions for a licensee's operation. (a) Contents of bottles. It shall be unlawful for licensees hereunder to add to the contents of a bottle or to refill empty bottles or in any other manner to misrepresent the quantity, quality or brand name of any alcoholic beverage. (b) Indication of prices. All licensees hereunder, except private clubs, shall display in prominent places or on their menus, their current prices of alcoholic beverages by the drink. The licensee shall furnish to any customer that so desires an itemized bill of charges which shall not exceed the established price list. The city manager or the city manager's designee shall regularly inspect the records of all sales of alcoholic beverages for consumption on the premises and the total sales to determine that the licensee is in compliance with this article. (c) Distilled spirits by drink; advertising prohibited. No licensee hereunder shall advertise in any news media or by any other means the fact that alcoholic beverages by the drink may be purchased at such establishment; provided, however, that the licensees hereunder shall be permitted to use the words "your favorite beverages served." (d) Sale, location of. It shall be unlawful for any sales to be made outside of the building, premises, or place of business licensed for such sale except as permitted herein. (e) Opened original packages on licensed premises prohibited. It shall be unlawful for any person except a licensee, his or her manager, or agent in charge of the licensed premises, to carry into or have in his or her possession on any licensed premises, any alcoholic beverages in the original package the seal of which has been broken or the original package opened; provided that this section shall not apply to private clubs or brown bagging. (f) Employee pouring permits. No person may be employed by an establishment holding a license hereunder until a letter of compliance has been issued by the police department public safety department indicating the person has not violated any law defined by this article and is eligible for such employment. (1) The term "employee" includes: a. Performers; b. Entertainers; Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 c. Bartenders; d. Barmaids; e. Bouncers; f. Musicians engaged in temporary work; g. Regular employees. (2) All persons subject to the provisions of this section shall, within five days after the date of their first work in an establishment holding a permit to sell alcoholic beverages by the drink to be consumed on the premises, or which allows brown bagging, submit an application to the city for an alcoholic beverage pouring permit. (3) The police public safety department shall have a complete and exhaustive search made relative to any police record of the applicant. In the event there is a violation of laws, the police public safety department shall issue a letter to advise the applicant stating that the person is not eligible for employment. (4) Excluded from the provisions of this section are employees whose duties are not in any way involved with the preparation of or service of alcoholic beverages; musicians and entertainers, however, are not excluded. (5) Any letter of eligibility for employment issued hereunder shall expire 12 months from the date of issue. The mayor and city council may prescribe reasonable fees for certifying the eligibility of employment. (Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 6), 12-6-2007) State law reference— Advertisement of prices, O.C.G.A. § 3-4-26. Sec. 4-257. - Conflicts with wholesaler or manufacturer prohibited. No financial aid or assistance to any licensee hereunder from any wholesaler or manufacturer of wine or malt beverages or other alcoholic beverages shall be permitted. (Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 12), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 12), 12-6-2007) Secs. 4-258—4-276. - Reserved. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 Sec. 4-277. - General provisions. (a) The holder of a wine-only package store license shall be eligible for an ancillary wine tasting license to provide samples of wine offered for sale to customers under the conditions set forth in this chapter. (b) Wine sampling shall be on limited occasions when a customer requests a sample of a wine offered for sale within the premises or in conjunction with wine education classes and sampling designed to promote wine appreciation and education. (c) Wine tasting for customers shall only be conducted at a wine counter area constituting no more than ten percent of the entire floor area of the pr emises. (d) Wine sampling and tasting is only permitted within the enclosed portion of the premises. (e) No open containers of wine shall be removed from the licensed premises. (f) Wine sampling for customers shall be limited to no more than one time p er week for a period not to exceed a consecutive two-hour period in any one day. (g) Samples shall not exceed two ounces and no customer shall consume more than eight ounces in any two-hour period. (h) Wine bottles shall be opened only by the licensee o r an employee and samples shall only be poured by the licensee or an employee. (i) Holders of an ancillary wine tasting permit shall not charge for samples or tasting but may accept donations for a charitable organization of their choice. (j) There will be an annual fee to obtain an ancillary wine tasting permit as set forth from time to time by the city council, and a copy of the fee schedule shall be maintained in the city clerk's office. (Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 35), 12-6-2007) Secs. 4-278—4-296. - Reserved. Sec. 4-297. - General provisions. (a) Authorization of license holder. A brewpub license authorizes the holder of such license to manufacture on the licensed premises not more than 1,500 barrels of beer in a calendar year solely for retail sale on the premises and solely in draft form. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (b) License required. No person shall be issued a brewpub license without first obtaining a retail consumption license. (c) Distribution. Distribution of any malt beverages produced by a brewpub licensed under this article to any wholesaler is prohibited. (d) Administration. (1) The city treasurer, or his or her designee, is authorized to establish procedures for administering all provisions of this article to include, but not limited to: a. Reporting forms and requirements; or b. Establishing procedures and schedules for conducting financial audits or inspections of the books or records of any establishment license d under this article. (2) Every brewpub located within the city shall file a monthly report with the revenue division, no later than the 20th day of each month, on such forms as the revenue division may prescribe, setting forth all malt beverages produced during such preceding calendar month, to include the beginning and ending inventories. Such report shall also indicate the total production of malt beverages during the report period and the proper tax remittance for such production. Failure to properly complete or submit the required reports shall subject the licensee to a late filing penalty set forth by city council resolution. (Ord. No. 06-11-13, § 1(ch. 7, art. 11, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 11, § 1), 12-6-2007) Secs. 4-298—4-316. - Reserved. Sec. 4-317. - Requirements for sale of alcoholic beverages. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 Private clubs may sell and dispense alcoholic beverages upon: (a1) Compliance with all applicable city ordinances and regulations governing the sale of such beverages; and (b2) Payment of such license fees and taxes as may be required by the existing ordinances, rules and regulations of the city. (Ord. No. 06-11-13, § 1(ch. 7, art. 7, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 7, § 2), 12-6-2007) Sec. 4-318. - Tax exempt organizations not required to operate food establishment. Veterans' organizations, fraternal organizations, and other nonprofit organizations currently having tax exempt status under either the United States Internal Revenue Code or the state income tax law shall not be required to operate a food establishment serving prepared food. However, any such organization selling or dispens ing alcoholic beverages, or allowing brown bagging, shall be subject to all ordinance regulations dealing with general licensing and consumption on the premises establishments. (Ord. No. 06-11-13, § 1(ch. 7, art. 7, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 7, § 3), 12-6-2007) Sec. 4-319. - Hours and days of operation. (a) No alcoholic beverages shall be sold for consumption on the premises except between the hours of 9:00 a.m. and 4:00 a.m. Monday through Saturday. (b) Alcoholic beverages shall not be sold for consumption at any time in violation of any local ordinance or regulation or of any special order of the governing authority. (c) The sale of beer or wine for consumption on the premises is permitted on Sundays from 12:30 p.m. until 12:00 midnight in: (1) Any licensed establishment which derives at least 50 percent of its total annual gross sales from the sale of prepared meals or foods in all of the combined retail outlets of the individual establishment where food is served; and (2) Any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (d) Alcoholic beverages may be sold for consumption on the premises from 12:00 midnight to 2:00 a.m. on any Monday which is New Year's Day, January 1, of any year. (Ord. No. 06-11-13, § 1(ch. 7, art. 7, § 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 7, § 5), 12-6-2007) Secs. 4-320—4-338. - Reserved. FOOTNOTE(S): (20) State Law reference— Sale of distilled spirits by private clubs, O.C.G.A. § 3-7-1 et seq.; local licensing and regulation of private clubs, O.C.G.A. § 3-7-40 et seq.; local excise taxation regarding private clubs, O.C.G.A. § 3-7-60. (Back) Sec. 4-339. - General provisions. (a) Definitions. The term "in-room service" means: (1) The provision of a cabinet or other facility located in a hotel-motel guestroom which contains beer and wine only; (2) Which is provided upon the guest's written request and which is accessible by lock and key only to the guest; and (3) For which the sale of the beer and wine contained therein is final at the time requested except for a credit which may be given to the guest for any unused portion. (b) Compliance. Any hotel-motel that acquires this in-room service shall also be required to obtain a consumption on the premises license and meet all of the requirements of this chapter. (c) License required; fee. No hotel-motel shall be authorized to provide in-room service until it has been issued a special license to do so. A license fee as set forth from time to time by city council resolution shall be imposed to provide only beer and wine by "in- room service." Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (d) Limited by restrictions. The sale of beer and wine by in-room service shall be subject to all the restrictions and limitations relative to the retail sale of any alcoholic beverages, except as provided otherwise in this article. (e) Sale of keys. Keys for in-room service shall only be sold to guests between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday and between the hours of 12:30 p.m. and 12:00 midnight on Sunday. (Ord. No. 06-11-13, § 1(ch. 7, art. 8, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 8, § 1), 12-6-2007) Secs. 4-340—4-358. - Reserved. Sec. 4-359. - General provisions. (a) License required; fee. Any person desiring to sell at wholesale any alcoholic beverages in the city shall make application to the city manager for a license to do so, which application shall be in writing on the prescribed forms, and pay any license fee as set forth by city council resolution. (b) Conflicts prohibited. No person who has any direct financial interest in any license for the retail sale of any alcoholic beverages in the city shall be allowed to have any interest or ownership in any wholesale alcoholic beverage license issued by the city. (c) Restricted sales. No retailer shall purchase any alcoholic beverage from any person other than a wholesaler licensed under this article. No wholesaler shall sell any alcoholic beverage to any person other than a retailer licensed under this chapter; provided, however, that this section shall not prohibit the purchase by one retailer of another retailer's entire stock in a bona fide purchase of an ongoing business. (d) Delivery by duly licensed wholesaler required. No alcoholic beverage shall be delivered to any retail sales outlet in the city except by a duly licensed wholesaler. The name of the wholesale distributor shall be clearly marked on the delivery vehicle. (Ord. No. 06-11-13, § 1(ch. 7, art. 6, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 6, § 1), 12-6-2007) Sec. 4-360. - Hours and days of operation. Wholesalers shall not engage in the sale of alcoholic beverages except between 7:00 a.m. and 6:00 p.m. Monday through Saturday. There shall be no sales of alcoholic beverages on Sunday by Wholesalers. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (Ord. No. 06-11-13, § 1(ch. 7, art. 6, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 6, § 2), 12-6-2007) Sec. 4-361. - Audits. If the city manager deems it necessary to conduct an audit of the licensee's records and books, he or she shall notify the licensee of the date, time and place of the audit. (Ord. No. 06-11-13, § 1(ch. 7, art. 6, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 6, § 3), 12-6-2007) Secs. 4-362—4-397. - Reserved. Sec. 4-417. - Levied; late payment penalty. There is hereby levied an excise tax on all beer and malt beverages produced by a brewpub at the rate set forth by city council resolution. Such tax shall be paid to the revenue division no later than the 20th day of each month for the preceding month's production. A late payment penalty not to exceed ten percent of the tax otherwise due shall be added to the amount due for any payment not received by the due date. (Ord. No. 06-11-13, § 1(ch. 7, art. 11, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 11, § 1), 12-6-2007) Secs. 4-418—4-436. - Reserved. Sec. 4-437. - Levied; rate and manner of collection. (a) An excise tax is levied on the sale of distilled spirits by the package, at the wholesale level, and is set at the rate set forth by resolution of the city council. (b) An excise tax is levied on the first sale or use of wine by the package at the wholesale level and is set at the rate set forth by city council resolution. (c) The excise tax imposed shall be collected by all wholesalers selling wines and alcoholic beverages to persons holding retail licenses for sale to the same, in the city. Said excise taxes shall be collected by the wholesalers at the time of the wholesale sale of such beverages. It shall be the duty of each wholesaler to remit the proceeds so collected to the revenue division of the city, on or before the 15th day of each month, for the preceding calendar month. This remittance shall be submitted on forms as prescribed or authorized by the revenue division of the city. Remittances shall be accompanied by a statement under oath from a responsible person employed by the wholesaler showing the total sales of each type of wine and alcoholic beverage, by Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 volume and price, disclosing for the preceding calendar month the exact quantities of wine and alcoholic beverages, by size and type of container, constituting a beginning and ending inventory for the month, sold to every person holding a retail license for the sale of wine and alcoholic beverages in the city. Failure to file such a statement, or to remit the tax collected on or before the 15th day of each month, shall be grounds for suspension or revocation of the license provided for by this chapter. (Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 10, § 1), 12-6-2007) Secs. 4-438—4-456. - Reserved. Sec. 4-457. - Levied; method of collection; payment. (a) An excise tax is levied on the first sale and use of malt beverages at the wholesale level and is set at the rate set forth by city council resolution. (b) The excise taxes imposed shall be collected by all wholesalers selling alcoholic beverages to persons holding retail licenses for sale to the same, in the city. Said excise taxes shall be collected by the wholesalers at the time of the wholesale sale of such beverages. It shall be the duty of each wholesaler to remit the proceeds so collected to the revenue division of the city, on or before the 15th day of each month, for the preceding calendar month. This remittance shall be submitted on forms as prescribed or authorized by the revenue division of the city. Remittances shall be accompanied by a statement under oath from a responsible person employed by the wholesaler showing the total sales of each type of malt beverage, by volume and price, disclosing for the preceding calendar month the exact quantities of malt beverages, by size and type of container, constituting a beginning and ending inventory for the month, sold to every person holding a retail license for the sale of malt beverages in the city. Failure to file such a statement, or to remit the tax collected on or before the 15th day of each month, shall be grounds for suspension or revocation of the license provided for by this chapter. (Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 10, § 2), 12-6-2007) Secs. 4-458—4-476. - Reserved. Sec. 4-477. - Levied; method of collection; personal liability for nonpayment. (a) An excise tax is levied upon every sale of alcoholic beverages containing distilled spirits purchased by the drink at the retail level and is set at the rate set forth by city council resolution. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (b) Every licensee for the sale of distilled spirits by the drink operating a place of business in the city shall, at the time of sale for food and drinks served, itemize separately the price of each sale of alcoholic beverages containing distilled spirits. (c) Every licensee is required to pay the tax imposed herein for the sale of alcoholic beverages containing distilled spirits by the drink within the licensed premises. Such licensee shall furnish all information as may be requested by t he city to facilitate the collection of this tax. Any licensee who shall neglect, fail, or refuse to pay the tax herein provided upon all retail sales made by the licensee of alcoholic beverages containing distilled spirits by the drink, shall be liable for and pay the tax himself or herself. (d) Due dates, returns and collection fees. (1) All taxes collected by any licensee by this section shall be due and payable to the city treasurer monthly on or before the 20th day of every month next succeeding each respective monthly period. (2) The return for the preceding monthly period shall be filed with the city in such form as the city may prescribe or authorize and signed by the licensee liable for the payment of tax hereunder. (3) Returns shall show the gross receipts from the sale of food, if applicable, alcoholic beverages containing distilled spirits, indicating the number sold, by the drink, amount of tax collected or authorized due for the related period, and such other information as may be required by the city, on forms prescribed or authorized by the city. (4) The licensee shall deliver the return, together with the remittance of the net amount of tax due, to the city treasurer. (5) Licensees collecting the tax shall be allowed three percent of the first $3,000.00 of tax due and one-half percent of the amount in excess of $3,000.00 as a vendor's credit under this section and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from state law as now or hereafter amended. (Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 10, § 3), 12-6-2007) Secs. 4-478—4-496. - Reserved. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 Sec. 4-497. - Deficiency determinations; penalty. (a) If the city is not satisfied with the return of the tax or the amount of the tax required to be paid to the city by a party, the city may compute and determine the amount required to be paid upon the basis of any information within its possession or that may come into its possession. One or more deficiency determinations may be made of the amount due for any monthly period. (b) The amount determined to be deficient shall bear interest a t the rate of one percent per month, or fraction thereof, from the 15th day of the month after the close of the period for wholesale tax due, or from the 20th day after the close of the period for retail tax due, which the amount or any portion thereof sho uld have been returned until paid, in addition to any other penalties which may be imposed. (c) For any deficiency which is determined to be made due to fraud, or an intent to evade any provisions of this article, a penalty of 25 percent of the deficiency shall be added thereto. (d) The city shall give to the licensee written notice of the determination. The notice may be served personally or by mail; if by mail such service shall be addressed to the licensee at his or her address as it appears in the c ity records. In the case of service by mail of any notice required by this article, the service is complete at the time of deposit in the United States post office. (e) Except in the case of fraud, intent to evade this article, or failure to make a return, every notice of deficiency determination shall be mailed within three years after the 20th of the calendar month following the monthly period for which the amount is proposed to be determined, or within three years after the return is filed, whichever p eriod should last expire. (Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 4), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 10, § 4), 12-6-2007) Sec. 4-498. - Determination of tax if no return filed; penalty. (a) If any licensee fails to make a return, the city shall make an estimate of the amounts of the gross receipts of the licensee, or as the case may be, of the amount of the total sales in the city which are subject to the tax. The estimate shall be made for the period in respect to which the licensee failed to make the return and shall be based upon any information which is or may come into the city's possession. Upon the basis of this Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 estimate, the city shall compute and determine the amount required to be paid the city. One or more determinations may be made for each period. (b) If the failure of any person to file a return is due to fraud or an intent intent to evade this article, a penalty of 25 percent of the amount required to be paid by the party shall be added thereto in addition to any other penalties which are imposed under this chapter. (c) The city shall promptly give to the party written notice of the deficiency. (Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 10, § 5), 12-6-2007) Sec. 4-499. - Interest and penalty for failure to pay tax. (a) Any party who fails to pay the tax herein imposed by the city, or fails to pay any amount of such tax required to be paid by the party shall, in addition to the tax, pay interest on the outstanding tax obligation at the rate of one percent per month, or fraction thereof, from the date the tax payment was last due until payment is made. (b) Any party who fails to pay the tax herein imposed by the city, or fails to file any required tax return to the city, within the time required, shall pay a penalty of 15 percent of the tax, or amount of the tax and interest, due the city. (Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 10, § 6), 12-6-2007) Sec. 4-500. - Failure to pay grounds for suspension or revocation. Failure to pay the taxes imposed by this article or file the required return shall be grounds for suspension or revocation of any retail license to sell alcoholic beverages in the city. In the event that any person holding a retail license shall fail to file the required return or to pay the taxes imposed by this article, it shall be grounds for suspension or revocation of any retail license to sell alcoholic beverages in the city. In the event that any person holding a retail license shall fail or refuse to pay to the wholesaler selling to him or her alcoholic beverages the tax imposed by the city, the wholesaler shall immediately report such failure to pay to the business license division of the city and shall make no further sales of any alcoholic beverages whatsoever to said retailer until receipt of written notification to do so from the city. In such event, the tax may be collected by the city by an action at law against the retailer. Draft to add brown bagging. Approved by C.L, D.H., and Lynn Tully 5-12-11 Approved with changes by Ken Jarrard 5-19-11 New Revisions since first presentation in yellow 6-22-11 Changed after Council member Baileys comments 7-10-11 (Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 7), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 10, § 7), 12-6-2007) Secs. 4-501—4-519. - Reserved. City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 July 6, 2011 Honorable Mayor Lockwood Council Members City Manager Lagerbloom Sudie Gordon All: The proposed revisions in the packet below were inadvertently NOT presented in first presentation on June 20, 2011. For this reason these revisions are being placed in first presentation on July 18, 2011. Sorry for the confusion. Sincerely, Chief D. Harrell PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 1 of 14 ARTICLE VIII. - REGULATIONS Sec. 4-520. - Sales on election days, Sundays and holidays governed by state law. Sec. 4-521. - Distance requirements. Sec. 4-522. - Sales to minors or physically or mentally incapacitated persons prohibited. Sec. 4-523. - Minors prohibited on licensed premises unless accompanied by parent, guardian or custodian; exceptions. Sec. 4-524. - Minors prohibited from selling or handling alcoholic beverages in workplace. Sec. 4-525. - Unlawful for minor to misrepresent age for purpose of acquiring alcoholic beverage. Sec. 4-526. - Advertising; location requirements; signs. Sec. 4-527. - Retailer to purchase from licensed wholesaler only. Sec. 4-528. - Retail consumption dealers to store inventory only on premises. Sec. 4-529. - Adding to contents of alcoholic beverage prohibited. Sec. 4-530. - Poured alcohol to be transported by employees only. Sec. 4-531. - Licensees to maintain a copy of this chapter on premises; employees to be familiar with terms; licensee responsible for violations. Sec. 4-532. - Unlawful to employ minor as entertainer or to dispense, serve, sell or take orders for alcoholic beverages; exceptions. Sec. 4-533. - Failure to require and properly check identification. Sec. 4-534. - Sales to underage persons prohibited. Sec. 4-535. - Unlawful for minor to purchase or possess alcoholic beverages. Sec. 4-536. - Regulations concerning managers and employees; pouring permits. Sec. 4-537. - Open area and patio sales regulations. Sec. 4-538. - Consumption outside premises prohibited. Sec. 4-539. - Complete and detailed specifications of premises and surrounding area required to acco mpany application for alcoholic beverage license. Sec. 4-540. - Solicitation prohibited. Sec. 4-541. - Authority of Chief of Policepublic safety director to inspect licensed establishments. Sec. 4-542. - Authority of Chief of Police public safety director to close establishment in emergency situations. Sec. 4-543. - Unlawful to bring alcoholic beverage (brown bagging) onto any establishment. Sec. 4-544. - Types of entertainment, attire and conduct prohibited. Sec. 4-545. - Alcohol awareness training. mhs Sec. 4-520.- Sales on election days, Sundays and holidays governed by state law. The sale of alcoholic beverages on election day is limited to provision of state law, pursuant to O.C.G.A. § 3-3-20. The sale of alcoholic beverages on Sunday and holidays is limited to provision of state law, pursuant to O.C.G.A. §§ 3-3-20 and 3-3-7. (Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 4), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 4), 12-6-2007) Sec. 4-521.- Distance requirements. (a) Distilled spirits. No person may allow brown bagging or sell or offer to sell any distilled spirits in or within 100 yards of a church building or within 200 yards of any school building, educational building, PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 2 of 14 school grounds, or college campus. (b) Malt beverage or wine. No person may allow brown bagging or sell or offer to sell any wine or malt beverage within 100 yards of any school building, school grounds, or college campus. (c) Most direct route used. For purposes of this section, the distance shall be measured by the most direct route of travel on the ground and shall be measured in the following manner: (1) From the main entrance of the establishment from which alcoholic beverages are sold or offered for sale; (2) In a straight line to the nearest public sidewalk, walkway, street, road or highway by the nearest route; (3) Along such public sidewalk, walkway, street, road or highway by the nearest route; (4) To the main entrance of the church building, or to the nearest portion of the school grounds. (d) Preexisting establishments. No location which is licensed to sell alcoholic beverages on the effective date of the ordinance from which this section is derived shall be denied continued operation under an existing license, nor shall any new owner of the location be denied a new license based upon the measurements set forth in subsections (a) and (b) of this section. (e) New church or schools. As to any location licensed in the future, if the distance requirements in this section are met at the time of issuance of any license, the subsequent opening and operation of a church or school within the distance prohibited in this section shall not prevent the continuance of an existing license or the issuance of a new license to any subsequent owner of such property. Provided, however, that the distance requirements herein shall not apply at any location for which a new license is applied for if the sale of alcoholic beverages was lawful at such location at any time during the 12 months immediately preceding such application. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 5), 12-6-2007) State law reference— Sales of alcoholic beverages near churches, schools or college campus, O.C.G.A. § 3 -3-21. Sec. 4-522.- Sales to minors or physically or mentally incapacitated persons prohibited. No licensee shall allow brown bagging or sell or permit to be sold alcoholic beverages to a minor, as defined in O.C.G.A. § 3-3-23, which reads as follows: (1) Except as otherwise authorized by law: a. No person knowingly, by himself or herself or through another, shall sell, cause to be furnished, or permit any person in his or her employ to sell or furnish any alcoholic beverage to any person under 21 years of age. b. No person under 21 years of age shall purchase or knowingly possess any alcoholic beverage. PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 3 of 14 c. No person under 21 years of age shall misrepresent his or her age in any manner whatsoever for the purpose of obtaining illegally any alcoholic beverage. d. No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for or on behalf of a person under 21 years of age. (2) The prohibitions contained in subsections (1)a, b, and d of this section shall not apply to the sale, purchase, or possession of alcoholic beverages for consumption: a. For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in the state. b. At a religious ceremony. c. In the home with parental consent. (3) The prohibition contained in subsection (1)a of this section shall not apply with respect to sale of alcoholic beverages by a person when such person has been furnished with proper identification showing that the person to whom the alcoholic beverage is sold is 21 years of age or older. a. For purposes of this subsection, the term "proper identification" means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and proper identifica tion includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under O.C.G.A. § 40-5-100, requiring the Police Department public safety department to issue identification cards to handicapped persons who do not have a motor vehicle driver's license. b. The "proper identification" does not include a birth certificate. (4) No licensee shall allow or require a person in his or her employment under 18 years of age to dispense, serve, sell or take orders for any alcoholic beverage. This section shall not prohibit persons under 18 years of age who are employed in supermarkets, convenience stores, or drugstores from selling or handling alcoholic beverages which are sold for consumption off the premises. (5) Testimony by any person under 21 years of age, when given in an administrative or judicial proceeding against another person for violation of any provision of this section, shall not be used in any administrative or judicial proceeding brought against such testifying person under 21 years of age. (6) Nothing in this section shall be construed to modify, amend, or supersede O.C.G.A. § 15-11-1 et seq. (pertaining to juvenile proceedings); or to any person who is physically or mentally incapacitated due to the consumption of alcoholic beverage. Nor shall any licensee violate O.C.G.A. § 3-3-22, which provides as follows: "No alcoholic beverage shall be sold, bartered, exchanged, given, provided, or furnished to any person who is in a state of noticeable intoxication." A violation of this section shall be cause for suspending or revoking such license in accordance with provisions of this article. PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 4 of 14 (Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 7), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 7), 12-6-2007) Sec. 4-523.- Minors prohibited on licensed premises unless accompanied by parent, guardian or custodian; exceptions. (a) No person who holds a license to sell distilled spirits by the drink shall allow any minors to be in, frequent, or loiter about the licensed premises of the nightclub or lounge unless such minors are accompanied by a parent, legal guardian, or custodian. (b) Such minors shall be permitted in eating establishments or private clubs without being accompanied by a parent, legal guardian, or custodian. (c) This section shall not apply to minors who are employees under the terms of this article. (Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 8), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 8), 12-6-2007) Sec. 4-524.- Minors prohibited from selling or handling alcoholic beverages in workplace. No licensee hereunder shall allow any minor employed by a licensee to sell or otherwise handle alcoholic beverages who is under 18 years of age. (Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 9), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 9), 12-6-2007) Sec. 4-525.- Unlawful for minor to misrepresent age for purpose of acquiring alcoholic beverage. It shall be unlawful for any minor to falsely misrepresent his or her age in any manner whatsoever where said minor's purpose is to acquire and possess alcoholic beverages. (Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 10), 12-6-2007) Sec. 4-526.- Advertising; location requirements; signs. (a) No outdoor advertising or signs with respect to the promotions of the sale of alcoholic beverages, or the prices of such beverages, shall be permitted: (1) On the exterior of any retail package outlet; (2) On the premises of the consumption dealer; or (3) In the windows of any such establishment that may be viewed from outside. (b) No signs shall be erected anywhere in the city advertising or promoting the sale of alcoholic beverages, except that a store displaying its merchandise may, in the same manner as such other merchandise is displayed, erect a signs indicating the counter on which the merchandise is displayed; provided the lettering of such signs does not exceed in size the lettering of such signs on other counters where other products are sold. The name, brand or type of alcoholic beverage served and the price per PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 5 of 14 serving may be provided to customers on a regular printed menu. (c) Sign limitations. Retail package licensees shall indicate plainly by tags or labels on the bottles or containers or on the shelf immediately below where the containers are placed, the price of an alcoholic beverage exposed or offered for sale. No other sign may be exposed prominently within or without the retail establishment showing prices or indicating that alcoholic beverages are for sale on the premises. (d) Alcoholic beverages may not be priced on signs, menus or any place else allowed by this Code except as to single units or unbroken package quantities. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 21 ), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 21 ), 12-6-2007) Sec. 4-527.- Retailer to purchase from licensed wholesaler only. (a) No retailer shall purchase alcoholic beverages from any person other than a wholesaler licensed under this chapter. No wholesaler shall sell any alcoholic beverage to anyone other than a retailer licensed under this chapter; provided, however, that this section shall not prohibit the purchase by one retailer of another retailer's entire stock in a bona fide purchase of an ongoing business. (b) The city manager or his or her designee may request, from time to time, information concerning purchases and sales of alcoholic beverages from retailers and wholesalers. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 23 ), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 23 ), 12-6-2007) Sec. 4-528.- Retail consumption dealers to store inventory only on premises. No retail consumption dealer licensed under this chapter shall keep any beer, malt beverage, wine or other alcoholic beverage at any place except the licensed place of the business. No retail consumption dealer shall be permitted to enter into any type of arrangement whereby distilled spirits ordered by a licensee are stored by a licensed wholesaler. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 24 ), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 24 ), 12-6-2007) Sec. 4-529.- Adding to contents of alcoholic beverage prohibited. No one shall add to or permit the adding to any alcoholic beverage or refill any alcoholic beverage manufacturer's container in any manner. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 25 ), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 25 ), 12-6-2007) Sec. 4-530.- Poured alcohol to be transported by employees only. Poured alcoholic beverages will be transported from the point of dispensing to the customer by permitted employees only. PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 6 of 14 (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 26 ), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 26 ), 12-6-2007) Sec. 4-531.- Licensees to maintain a copy of this chapter on premises; employees to be familiar with terms; licensee responsible for violations. Each alcoholic beverage dealer licensed under this chapter shall keep a copy of this chapter in the licensed premises and shall instruct any person working there with respect to the terms of this chapter; and each licensee, the licensee's agents and employees selling alcoholic beverages shall at all times be familiar with the terms of this chapter. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 27 ), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 27 ), 12-6-2007) Sec. 4-532.- Unlawful to employ minor as entertainer or to dispense, serve, sell or take orders for alcoholic beverages; exceptions. (a) No person shall allow or require a person in his or her employment under 18 years of age to dispense, serve, sell, or take orders for any alcoholic beverage. (b) The provisions of this section shall not prohibit persons under 18 years of age who are employed in supermarkets or convenience stores from selling or handling alcoholic beverages which are sold for consumption off the premises. (c) It is unlawful for any person under 18 years of age to work as an entertainer in any establishment licensed under this chapter without written consent from parents or guardian. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 28 ), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 28 ), 12-6-2007) Sec. 4-533.- Failure to require and properly check identification. It shall be a violation not to require and properly check identification to ensure that an underage person is not sold, served, or does not have in his or her possession any alcoholic beverages while in a licensed establishment. In this section, the term "identification" means any document issued by a governmental agency containing a description of the person, such person's photograph and giving such person's date of birth and shall include, without being limited to: (1) A passport; (2) A military ID card; (3) A driver's license; or (4) State department of public safety ID card. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 29), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 29), 12-6-2007) PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 7 of 14 Sec. 4-534.- Sales to underage persons prohibited. No holder or employee of the holder of a license authorizing the sale of alcoholic beverages, shall do any of the following upon the licensed premises: (1) Sell or offer to sell any distilled spirits, wines, beer or malt beverages, or any other alcoholic beverage to any person under the age of 21 years. Allow brown bagging by any person under the age of 21. (2) The prohibition in subsection (1) of this section shall not apply with respect to the sale of distilled spirits to a person when such person has furnished proper identification showing that the person to whom the distilled spirits are being sold is 21 years of age or older. a. For the purposes of this subsection, the term "proper identification" means any document issued by a government agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth including, but not limited to, a passport, military identification card, driver's license, or identification card authorized under an act to require the department of public safety to issue identification cards to persons who do not have a motor vehicle driver's license. b. The term "proper identification" does not include a birth certificate. (3) Sell or offer to sell or allow brown bagging any alcoholic beverages to any person who is noticeably intoxicated, who is of unsound mind, or who is a habitual drunkard whose intemperate habits are known to the licensee or his or her employees. (4) Sell alcoholic beverages upon the licensed premises or permit alcoholic beverages to be consumed thereon, on any day or at any time when the sale or consumption is prohibited by law. (5) No person who holds a license to sell alcoholic beverages by the drink shall allow any minors to be in, frequent or loiter about the licensed premises of the establishment or lounge unless such minors are accompanied by a parent, legal guardian, or custodian; provided, however, that such minors shall be permitted in eating establishments, indoor commercial recreational establishments, or private clubs without being accompanied by a parent, legal guardian, or custodian and provided further that this section shall not apply to minors who are employees under the terms of this chapter. (6) The penalty for violation of this section by an individual shall be as follows: a. For the first offense, a minimum fine of $250.00. b. For the second offense and subsequent violations within one year, a minimum fine of $500.00. (7) Any licensed establishment where three or more violations of this section, or O.C.G.A. § 3-3-23, have occurred within any 36-month period shall be punished as follows: a. For the third offense within any 36-month period, suspension of the license for a period not to exceed 90 days. PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 8 of 14 b. For the fourth and any subsequent violation within any 36-month period, suspension of the license for a period not to exceed one year. As to the penalties in this subsection, if there is a change in a majority of the licensed establishments' owners, partners or shareholders, the violations under the old ownership shall not count against the new owners. However, a different corporation, partnership or other association wil l be charged with the violations of its predecessor if a majority of the owners, partners or shareholders are the same. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 30), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 30), 12-6-2007) State law reference— Furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages; use of false identification; proper identification for sale of alcoholic beverages; dispensing, serving, etc., of alcoholic beverages by persons under 21 years of age in the course of employment; seller's duty to request proper identification, O.C.G.A. § 3-3-23. Sec. 4-535.- Unlawful for minor to purchase or possess alcoholic beverages. (a) No person under 21 years of age shall purchase or possess any alcoholic beverage. (b) No person under 21 years of age shall attempt to purchase any alcoholic beverage or misrepresent his or her age in any manner whatever for the purpose of obtaining alcoholic beverages. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 31), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 31), 12-6-2007) Sec. 4-536.- Regulations concerning managers and employees; pouring permits. The following regulations shall apply to all establishments holding a license for consumption of alcoholic beverages on the premises: (1) No person shall be employed to dispense, sell, serve, take orders, mix alcoholic beverages, or serve in any managerial position, by an establishment holding a license under this chapter until such person has been cleared by the public safety director Chief of Police or his or her designee, indicating that the person is eligible for such employment. (2) This section shall not be construed to include volunteer groups with nonprofit tax exempt status from the Internal Revenue Service whose volunteer efforts financially benefit a nonprofit organization with no direct financial benefit, either by wages, tips or donations, to the individual volunteer. No volunteer under the age of 18 years shall be allowed to dispense, sell, serve, take orders or mix alcoholic beverages. Employees of a licensed establishment whose duties are limited solely to those of busboy, cook, or dishwasher shall also be excluded from this section. (3) No pouring permit shall be issued until such time as a signed application has been filed with the city manager or his or her designee, and upon paying a fee which shall be established by the mayor and city council, and a search of the criminal record of the applicant completed. The application shall include, but not be limited to, name, date of birth, and social security number. These applications and the resulting criminal investigative report shall be regarded as confidential and shall not be produced for public inspection without a court order. PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 9 of 14 (4) The public safety director The Chief of Police or his or her designee shall have a complete and exhaustive search made relative to any police record of the applicant. If there is no record of a violation of this chapter, the public safety director Chief of Police or his or her designee shall approve the issuance of a permit to the person, stating that the person is eligible for employment. If it is found that the person is not eligible for employment, the public safety director The Chief of Police or his or her designee shall notify the person, in writing, that they are not eligible for employment, the cause of such denial and their right to appeal. (5) Crimes preventing the possession of a pouring permit. a. No person shall be granted a pouring permit who has, within five years of the date of applying for a pouring permit, been convicted or pled guilty or entered a plea of nolo contendere to any crime involving: 1. Moral turpitude; 2. Illegal gambling; 3. Illegal possession or sale of controlled substances; 4. Illegal sale or possession of alcoholic beverages (including the sale or transfer of alcoholic beverages to minors in a manner contrary to law; 5. Keeping a place of prostitution; 6. Solicitation of sodomy; or 7. Any sexual related crime. Or, at the time of applying for a pouring permit, is then on parole or probation for any of the criminal offenses identified in [subsection] (5)a.(1.—7.) above. b. Reserved. c. No person shall be granted a pouring permit who has been convicted, plead guilty or entered a plea of nolo contendere to any federal, state, or local law for any felony within five years of the date of conviction and has not been released from parole or probation prior to the filing for application for such permit. For purposes of this chapter, a conviction or plea of guilt or nolo contendere shall be ignored as to any offense for which defendant who was allowed to avail himself or herself of the state first offender provisions, O.C.G.A. § 48-8-98 et seq. Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentence in court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. (6) An alcoholic beverage pouring permit shall be issued for a period of one calendar year from the date of the original application. As noted in subsection (11) of this section, the alcoholic beverage pouring permit must be in the possession of the employee while the employee is working at the licensed establishment. This permit must be in the possession of the employee while the pouring PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 10 of 14 permit holder is working and available for inspection by members of the Police Department public safety department or the city manager's staff. All persons employed to dispense, sell, serve, take orders, mix alcoholic beverages or serve in any managerial position in any establishment licensed under this chapter shall be required to complete an alcohol awareness training program to become a certified alcohol awareness server, as defined in section 4-545, as a condition to the privilege of continuing to maintain a valid alcohol pouring permit. (7) No person shall be issued a permit if it is determined that the person falsified, concealed or covered up any material fact by any device, trick or scheme while making application to the city for an alcoholic beverage pouring permit under this section. If it is determined that a person is in violation of this subsection and a permit is denied for this reason, then 30 calendar days must elapse from the date of notification per certified mailing before a new application and fee may be resubmitted. (8) All permits issued through administrative error can be terminated and seized by the Chief of Police public safety director or his or her designee or the city manager or his or her designee. (9) A replacement permit will be issued within 30 days of the original date, upon paying one-half of the fee charged for an original alcoholic beverage pouring permit. After 30 days of original application date, a new application and fee must be submitted. (10) All permits issued under this chapter remain city property and shall be produced for inspection upon demand of any city police officer, his or her designee or code enforcement officer. (11) No licensee shall allow any employee or manager required to hold a permit to work on the premises unless the employee or manager has in his or her possession a current valid city pouring permit. For new employees, an application for a permit must be made within five calendar days of date of initial employment. Licensees are required by this chapter to inspect and verify that each employee has in his or her possession a valid city alcoholic beverage pouring permit. (12) It shall be the duty of all persons holding any license to sell alcoholic beverages to file with the city the name of the establishment, the license number and a list of all employees, with their home addresses and home telephone numbers, twice annually during the month of June and again during the month of December. (13) The licensee is required to maintain the exterior of the licensed premises, parking lot and all parts of premises abutting public rights-of-way during all hours the business is open and to do an inspection of the premises within three hours after closing. The term "maintain" means keeping the defined areas free of bottles, cans, cups, trash and other litter. (14) Any person convicted of any violation of this section shall receive a fine in an amount not to exceed state law. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 32), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 32), 12-6-2007; Ord. No. 10-01-59, § 1, 3-8-2010) PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 11 of 14 Sec. 4-537.- Open area and patio sales regulations. (a) Alcoholic beverage sales and/or brown bagging can be made by a licensed consumption on-premises establishment in a patio/open area type environment if the establishment has been approved to do so by the city manager. (b) The requirement for approval is that the patio/open area be enclosed by some structure providing for public ingress/egress only through the main licensed premises. The purpose of this requirement is to prevent a customer from leaving the outside sales area with an open drink without the licensee's knowledge. (c) The height of such structure shall be a minimum of three feet above ground level. It does not have to be solid nor does it have to restrict visibility into or out of the patio/open sales area. It must be permitted and approved by the city's building inspection department and the city's fire department as required by their governing regulations or codes. (d) The only exit from this type area is to be through the licensed establishment's main premises and through an approved fire exit, not for general public use unless an emergency exists. The fire exit should be of the type that sounds an alarm so that the establishment will be alerted in the event of unauthorized use when no emergency exists. (e) If a licensee desires a patio/open sales area inside an existing structure, plans will be reviewed and approved on an individual basis by the community development department. Interior type patio/open sales areas must meet the requirements of the city's development and fire codes. (f) Nothing contained in this section shall prohibit a hotel or motel with a consumption on the premises license from making sales and allowing consumption of alcoholic beverages in ballrooms, meeting rooms, reception rooms, or patio areas of such hotel or motel; provided such functions are catered in connection with a meeting, conference, convention or similar type gathering at such hotel or motel. Patio areas, as that term is used in this subsection, do not have to conform to the standards in this section. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 33), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 33), 12-6-2007) Sec. 4-538.- Consumption outside premises prohibited. (a) It is prohibited for customers to leave the premises with open alcoholic beverages, except as allowed by O.C.G.A. 3-6-4 “Removal of partially consumed bottle of wine from premises”, and it is the licensee's responsibility to ensure that no open beverages are sold and carried out. However, nothing in this section shall be construed to prohibit the carrying out of wine or malt beverages for consumption at a publicly-owned or privately-owned golf course. (b) It is prohibited for customers to gather outside an alcoholic beverage establishment and consume alcoholic beverages. (c) It is prohibited for the manager or any employee to allow persons to gather outside an alcoholic beverage establishment and consume alcoholic beverages. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 34), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 34), PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 12 of 14 12-6-2007) Sec. 4-539.- Complete and detailed specifications of premises and surrounding area required to accompany application for alcoholic beverage license. No alcoholic beverage license shall be issued to any person unless the building in which the business will be located is complete and detailed plans of the building and outside premises are attached to the application, or unless the proposed plans and specifications and a building permit of a proposed building are attached to the application. (1) The completed building or the proposed building shall comply with city ordinances, regulations of the state revenue commissioner and the state. (2) The proposed building shall also be subject to final inspection and approval when completed by the building inspector. (3) Each building in which the business will be located shall contain sufficient lighting so that the building itself and the premises on all sides of the building are readily visible at all times from the front of the street on which the building is located so as to reveal all of the outside premises of such building. (4) Each applicant for an alcoholic beverage license shall attach to the application evidence of ownership of the building or proposed building, or a copy of the lease if the applicant is leasing the building. (5) If the applicant is a franchisee, then such applicant shall attach a copy of the franchise agreement or contract with the application. (6) All premises for which an alcoholic beverage license shall be issued shall afford therein adequate sanitary toilet facilities and shall be adequately illuminated so that all hallways, passage ways and open areas may be clearly seen by the customers therein. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 35), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 36), 12-6-2007) Sec. 4-540.- Solicitation prohibited. No retail consumption dealers licensed under this chapter shall require, permit, suffer, encourage, or induce any employee or person to solicit in the licensed premises for himself or herself, or for any person other than the patron and guest of the patron, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to purchase the beverage; nor shall any licensee pay a commission or any other compensation to any person frequenting his or her establishment or to his or her agent or manager to solicit for himself or herself or for the others, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to purchase the beverage. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 36), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 37), 12-6-2007) PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 13 of 14 Sec. 4-541.- Authority of Chief of Police public safety director to inspect licensed establishments. (a) Sworn officers of the public safety police department shall have the authority to inspect establishments licensed under the city's alcoholic beverages ordinances during the hours in which the premises are open for business. These inspections shall be made for the purpose of verifying compliance with the requirements of this chapter and state law. (b) This section is not intended to limit the authority of any other city officer to conduct inspections authorized by other provisions of this Code. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 38), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 38), 12-6-2007) Sec. 4-542.- Authority of public safety director Chief of Police to close establishment in emergency situations. The public safety director Chief of Police, or his or her designee, may immediately close an establishment licensed under this chapter in case of emergency, for the safety of the public or to investigate a crime, for a period of time not to exceed 24 hours. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 39), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 39), 12-6-2007) Sec. 4-543.- Unlawful to bring alcoholic beverage (brown bagging) onto any establishment. It is prohibited for any person to bring in his or her own alcoholic beverage (brown bag) in any establishment either licensed or unlicensed to serve alcoholic beverages. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 41), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 41), 12-6-2007) Sec. 4-544.- Types of entertainment, attire and conduct prohibited. Pursuant to O.C.G.A. § 3-3-41: (1) No person shall perform on a premises licensed hereunder acts of or acts which constitute or simulate: a. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; b. The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or c. The displaying of any portion of the female breast below the top of the areola or the displaying of any portion of any person's pubic hair, anus, cleft of the buttocks, vulva, or genitals. (2) No person shall use on licensed premises artificial devices or inanimate objects to perform, simulate, or depict any of the prohibited conduct or activities described in subsection (1) of this PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Changes made after councilmember Bailey’s comments 7-10-11 Proposed revision to be presented to council in first presentation July 18, 2011. This final chapter of the city’s alcohol ordinance to include the above proposed revisions was inadvertently NOT to presented to council during first presentation on June 20. when chapters 1 though 7 were presented. Milton, Georgia, Code of Ordinances Page 14 of 14 section. (3) It shall be unlawful for any person to show, display, or exhibit, on licensed premises, any film, still picture, electronic reproduction, or any other visual reproduction or image of any act or conduct described in subsection (1) or (2) of this section. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 42), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 42), 12-6-2007) Sec. 4-545.- Alcohol awareness training. (a) Required. Any person to whom an alcoholic beverage pouring permit is issued and all licensee's managerial staff shall be required to complete an alcohol awareness training program within 30 days from date the person is issued an alcoholic beverage pouring permit. (b) City treasurer to maintain list of approved programs. The city treasurer shall maintain a list of schools, training facilities and trade associations located in Fulton County, Georgia, that are authorized and approved by the city manager to conduct alcohol awareness programs for the purpose of training servers of alcohol in intervention procedures when customers become intoxicated. (c) Certificate. The training facilities shall issue, upon completion of the course, a certificate which shows the individual has fulfilled the requirement for the course and is certified as an alcohol awareness server. The cost of the course will be the responsibility of the licensed establishment that employs such server. (d) Establishment to maintain certificates in employees' files and forward copy to city treasurer. The establishment employing individuals required to complete an alcohol awareness program shall obtain the certificates stating the employees have successfully completed the course and have the same delivered to the city treasurer to be kept with the records of the employees having an alcoholic beverage pouring permit. (e) Failure to obtain certificate cause for suspension of pouring permit. The privilege of a person to continue having a valid alcoholic beverage pouring permit is conditioned upon completing an alcohol awareness program and having a certificate of course completion provided to the city in a timely manner. Failure to do so is cause for suspension of the person's alcoholic beverage pouring permit. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 43), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 43), 12-6-2007) STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 7, ALCOHOLIC BEVERAGES, OF THE CITY OF MILTON CODE OF ORDINANCES TO AUTHORIZE THE BROWN BAGGING OF ALCOHOLIC BEVERAGES BY INDIVIDUALS INTO ESTABLISHMENTS POSSESSING A BROWN BAG ESTABLISHMENT ALCOHOL LICENSE WHEREAS, Chapter 7 of the City of Milton Code of Ordinances regulates the sale of alcoholic beverages within the City of Milton; and BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on ______ 2011 at 6:00 p.m. as follows: SECTION 1. That the Ordinance that relates to Alcoholic Beverages in the City of Milton is amended, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the ______ day of _______ 2011. ___________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) STATE OF GEORGIA ORDINANCE NUMBER ____________ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 11, BUSINESS OCCUPATION TAX, LICENSES, AND REGULATION, OF THE CITY OF MILTON CODE OF ORDINANCES TO MODIFY THE ANNUAL LICENSE FEE LEVIED ON INSURERS; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES WHEREAS, Chapter 11 of the City of Milton Code of Ordinances regulates businesses, and taxation of businesses, within the City of Milton; and WHEREAS, Chapter 11, Article 2, Section 3 of the City of Milton Code of Ordinances levies a population-based license fee (the “Fee”) on insurers doing business in the City of Milton; and WHEREAS, the results of the 2010 United States Census demonstrate that the City’s population has increased sufficiently to warrant an increase in the Fee amount pursuant to O.C.G.A. § 33-8-8(b)(1); and WHEREAS, the Mayor and Council have therefore determined that it is in the best interest of the City’s residents to amend Section 3 to increase the Fee as authorized by O.C.G.A. § 33-8-8(b)(1). THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in a Regular called Council meeting on the ___ day of ________, 2011 at 6 p.m. as follows: SECTION 1. That this Ordinance relating to amending Chapter 11 Business Occupation Tax, Licenses, and Regulation of the City of Milton Code of Ordinances is hereby adopted and approved as follows: Chapter 11, Article 2, Section 3 (codified as Section 12-56) shall be stricken and replaced with the following new Section 3: Pursuant to O.C.G.A. 33-8-8(b)(1), there is hereby levied for the calendar year 2012 and for each calendar year thereafter, until otherwise modified by the Council, an annual license fee based upon a City of Milton population of 32,661, of one hundred dollars ($100.00) upon each insurer doing business within the City of Milton. For each separate business location in excess of one not covered by Section 4 of this Article, which is operating on behalf of such insurers within the City of Milton, there is hereby levied an additional one hundred dollars ($100.00) license fee per location. All other portions of Chapter 11 Business Occupation Tax, Licenses, and Regulation 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. This Ordinance shall become effective January 1, 2012. ORDAINED this the _____ day of __________, 2011. Approved: ______________________________ Joe Lockwood, Mayor Attest: __________________________ City Clerk (Seal) STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION BY THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA ADOPTING A PREPAID WIRELESS 9-1-1 CHARGE. WHEREAS, O.C.G.A. § 36-35-3(a) authorizes the governing authority of the City to adopt clearly reasonable ordinances, resolutions and regulations; WHEREAS, O.C.G.A. § 46-5-134.2(b) and (j), as amended by Act No. 187, Georgia Laws 2011, authorizes municipalities operating a 9-1-1 public safety answering point to impose by resolution a prepaid wireless 9-1-1 charge in the amount of 75 cents per retail transaction; WHEREAS, O.C.G.A. § 46-5-134.2 provides that such charges shall be collected by sellers of prepaid wireless telecommunications services, remitted to the State Revenue Commissioner, and then distributed to local governments that adopt a resolution or ordinance pursuant to O.C.G.A. § 46-5-134.2(b) and (j); WHEREAS, the City operates a 9-1-1 public safety answering point; and WHEREAS, the governing authority thus desires to impose a prepaid wireless 9-1-1 charge in the amount of 75 cents per retail transaction. NOW THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Milton, Georgia does hereby levy and impose a prepaid wireless 9-1-1 charge in the amount of 75 cents per retail transaction as authorized by O.C.G.A. § 46 -5-134.2 (b) and j. Such charge shall be collected by sellers, as defined in O.C.G.A. § 46-5-134.2 (a) (8), and remitted to the State Revenue Commissioner in conformance with O.C.G.A. § 46-5-134.2. Funds received by the City from charges imposed by this Resolution shall be deposited in the Emergency Telephone System Fund maintained by the City pursuant to O.C.G.A. § 46-5-134 and kept separate from general revenue of the City, all such funds to be used exclusively for the purposes authorized by O.C.G.A. § 46-5-134 (e) and (f); and BE IT FURTHER RESOLVED, That the City Clerk is hereby directed to file with the State Revenue Commissioner a certified copy of this Resolution, in accordance with O.C.G.A. § 46-5-134.2 (j) (l), within ten (10) days of enactment of this Resolution. This Resolution shall become effective on January 1, 2012. ORDAINED this 1st day of August, 2011. Approved: ______________________________ Joe Lockwood, Mayor Attest: __________________________ (SEAL) Sudie AM Gordon, City Clerk