HomeMy WebLinkAbout06-04-2012-PacketPage 1 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Matt Kunz
Bill Lusk
Burt Hewitt
Joe Longoria
Lance Large
Monday, June 4, 2012 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. 12- 129)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the May 14, 2012 Work Session Minutes.
(Agenda Item No. 12-130)
(Sudie Gordon, City Clerk)
2. Approval of a Professional Services Agreement between the City of Milton and A&R
Engineering, Inc. to Provide Professional Engineering Design-Services for Intersection
Improvements at the Deerfield Parkway-Morris Road Intersection.
(Agenda Item No. 12- 131)
(Carter Lucas, Public Works Director)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 4, 2012
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.
3. Approval of a Professional Services Agreement between the City of Milton and Pond &
Company to Provide Conceptual Engineering Services for the Intersection Improvements
at the Hopewell Road - Birmingham Road Intersection.
(Agenda Item No. 12-132)
(Carter Lucas, Public Works Director)
4. Approval of a Construction License Agreement between Reynolds Inliner, LLC and the
City of Milton for 13710 Belleterre Drive CIPP Storm Drain System Improvements.
(Agenda Item No. 12- 133)
(Carter Lucas, Public Works Director)
5. Approval of a Professional Services Agreement between Wolverton & Associates, Inc.
for Traffic Signal Timing along the Highway 9 Corridor.
(Agenda Item No. 12-134)
(Carter Lucas, Public Works Director)
6. Approval of a City License Agreement between Southern Outdoor Cinema, LLC and the
City of Milton to Provide Movies in the Park Series at Northwestern Middle School.
(Agenda Item No. 12- 135)
(John Rebar, Parks and Recreation Director)
7. Approval of a License Agreement for Local Government Entities between BMI and the
City of Milton in the Amount of $320 for the Right to Play Copyrighted Material During
Public Events.
(Agenda Item No. 12-136)
(John Rebar, Parks and Recreation Director)
8. Approval of a Contract between the City of Milton and Tri Scapes, Inc. for the
Renovation of the Playfields at Cogburn Woods Elementary School and Birmingham
Falls Elementary School in the Amount of $199,990.00.
(Agenda Item No. 12-137)
(John Rebar, Parks and Recreation Director)
9. Approval of an Agreement for Sale of Realty all that tract of land being known as Fulton
County Tax Parcel No. 22-5040-0535-0298 containing a total of 3.04 acres, more or less;
between the City of Milton, Georgia and Larry and Susan T. Hopkins.
(Agenda Item No. 12-138)
(Chris Lagerbloom, City Manager)
10. Approval of an Agreement for Sale of Realty all that tract of land being known as Fulton
County Tax Parcels No. 22-5040-0535-017 and 22-4880-0534-020 and 22-5040-535-035,
collectively containing a total of 7.06 acres, more or less; between the City of Milton,
Georgia and Michael and Sheryl Bell (Wilson).
(Agenda Item No. 12- 139)
(Chris Lagerbloom, City Manager)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 4, 2012
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.
6) REPORTS AND PRESENTATIONS
1. Recognition for Memorial Day Essay Contest Finalists.
(Presented by Councilmember Bill Lusk)
7) FIRST PRESENTATION
1. RZ12-05/VC12-02 – 633 North Main Street by Jenmark Company to rezone from MIX
(Mixed Use) to C-1 (Community Business) to expand a 6,000 square foot retail building
by 6,000 square feet to utilize the basement for a total of 12,000 square feet. The
applicant is also requesting a concurrent variance to delete the 10 foot landscape strip
along the south and east property lines of the out-parcel [Section 64-1090(b)].
(Agenda Item No. 12-140)
(Kathleen Field, Community Development Director)
2. RZ12-06/VC12-03 – Deerfield Parkway by Crescent Resources, LLC to rezone from C-1
(Community Business) and O-I (Office Institutional) to A (Medium Density Apartments)
to develop a total of 256 residential units at an overall density of 12 units per acre. The
applicant is also requesting the following concurrent variance: To encroach into the 25
foot non-impervious setback by no more than 5,000 square feet [Section 20-426(2)].
(Agenda Item No. 12- 141)
(Kathleen Field, Community Development Director)
3. RZ12-08 – To delete Article VII, Division 7 of Chapter 64 – Crabapple Crossroads of
the Northwest Fulton Overlay and concurrently adopt a new Article XIX, Crabapple
Form Based Code.
(Agenda Item No. 12- 142)
(Kathleen Field, Community Development Director)
4. Approval of An Ordinance to Amend Chapter 42, Article III, of the Milton City Code to
Remove the Requirement for Precious Metals Dealers to Obtain and Maintain a License
and Indemnity Bond.
(Agenda Item No. 12- 143)
(Ken Jarrard, City Attorney)
8) PUBLIC HEARING
1. Approval of an Ordinance to Adopt Amendments to the Fiscal 2012 Budget for Each
Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as
Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting
Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual
Funding Available.
(Agenda Item No. 12- 124)
(First Presentation at May 21, 2012 Regular Council Meeting)
(Stacey Inglis, Finance Director)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 4, 2012
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.
9) ZONING AGENDA (None)
10) UNFINISHED BUSINESS
1. Approval of an Ordinance to Adopt Amendments to the Fiscal 2012 Budget for Each
Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as
Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting
Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual
Funding Available.
(Agenda Item No. 12- 124)
(First Presentation at May 21, 2012 Regular Council Meeting)
(Public Hearing at June 4, 2012 Regular Council Meeting)
(Stacey Inglis, Finance Director)
11) NEW BUSINESS
1. Approval of a Transportation Enhancement Memorandum of Understanding between the
Georgia Department of Transportation and the City of Milton.
(Agenda Item No. 12- 144)
(Carter Lucas, Public Works Director)
2. Approval of a Resolution Establishing a Public Building and Facilities Authority for the
City of Milton, Georgia.
(Agenda Item No. 12-145)
(Ken Jarrard, City Attorney)
3. Approval of a Resolution Authorizing the Issuance of a Letter to the Design Review
Committee of the Owners Association of Deerfield Requesting Approval of Permission
for Erection of a Billboard on Deerfield Park Property.
(Agenda Item No. 12- 146)
(Chris Lagerbloom, City Manager)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT
(Agenda Item No. 12-147)
The minutes will be
Provided
electronically
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE – Public Works Director
Date: May 22, 2012
Council
Meeting Date: June 4, 2012
Agenda Item: Approval of a Professional Services Agreement between the City of
Milton and A&R Engineering, Inc to Provide Professional Engineering
Design Services for Intersection Improvements at the Deerfield
Parkway-Morris Road Intersection
Discussion:
Project Location-------- O
Location Map
The Deerfield Parkway-Morris Road intersection has been identified for potential intersection
improvements due to the heavy left turn movements from westbound Morris Road to
southbound Deerfield Parkway. The City of Milton Transportation Master Plan did identify this
intersection for signalization when conditions warranted. With the opening of the Westside
Parkway Extension in Alpharetta and the planned intersection improvements at Deerfield
Parkway and Windward Parkway it is anticipated that traffic volumes through this intersection
will increase. As the volumes on Deerfield Parkway increase, the left turn movement from
Morris Road will become more difficult and result in increased delays on the Morris Road
approach.
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
This project will provide the design of a signalized intersection at this location and allow the
city to pursue various funding alternatives for the construction phase of the project.
A&R Engineering, Inc. was selected to perform these services in accordance with the city’s
standard purchasing policy for the procurement of professional services. Staff is recommending
approval of the Professional Services Agreement with A&R Engineering, Inc. in the amount of
$5,900.
Legal Review:
Paul Higbee – Jarrard & Davis, LLP – May 10, 2012
Financial:
Funding for this project is available but will require a midyear budget adjustment to increase
the Engineering & Surveying Service operational account.
Attachments:
1. Professional Services Agreement
C City of IAilton
PROFESSIONAL SERVICES At:- REEMENT - SHORT FORM
AGREEMENTS 1+I il,000.t1U OR LESS
Signal Design for the Morris Road -Deerfield flark►wav isitersection
This Prol-essiollal Ser+ ices A--retmCnt f Llir--Anreelmimi") is made and emerid into this V CIZIN of
�,,� '(112. b% and f+et«een the CITY OF NIIL'CON, GEORGIA (hurelnaflr:r rel:1.1-cd to as
die -C-it, "). acid A&R I_-1zt'1111:ciML. JUUi (heiCIM111C! ICferlcd Lu a5 LllC "CL113-NL ILL1111").
VVITNESSI T11 THAT:
MTEREAS. (lir City desires to employ a Consultant to prriiVi-1I1 IIIc services described herein tthi
-'LVorl:"1= and
�1T11 f:ItI?AS_ C'onstiltant has IamiIiarired itsel l' wish the Contract Documents. as definesl helcvw. the Work.
and wiLh ;all Incas ctlnditions and app cab IL I'cdcraI- state anal D=eal Lms, ordiI1anLc1;. r11LCs Witt regULLtit) 11S.
N 0 W THEREFORE the Cit, attzi COUSttltant. in cunsideration of-tlte tllutt M 11rt1III iSCS Wntained herein
and ether good and valuable consideration, the suf I icienc i of 1vhich is herehv acknowledued, ar-rci as
1i71k1�.'s: -
Section 1. Contract rk3rrtrticnts: Tltiy A_,reemem and the (i111c51-vinu nam.cd Exhibits. a1tL1C1Wd ht:reter
and incorporalcd livi'mi h} rci;re.rlc-t. C01111,WLItt Clic "C omraci Duc:ctments":
I:X111BI A ". )Rk I71:5£'1ZlI' 1'I[?
EXIIIBIT B INSU[AN CL CE RTI 1"'1C:'1-1Ti.:
LX1-llBl-1 C C: () N S L I LA A N l Al - I 1DAV1 I
I:?£1-IIBIT U SUBC (..)NSt_11Tl AN -f- AI sal D.-- IT
1:X111131-1 I- SAVI'. AI, 11()AVY1
TO ihr estenL that their MON btu UTI �:Ol fliet M11111W the Contrael Do LIMC111S. Lha provislon operatitrg t ozs-1
Lo tits benefit uf-tlle CAN shall gO eri3.
Section 2. The Work-. Consultant shall provide all 'Kork described in the Contnnct Doc:umems.
Unless othumise stetted in the Contract I oc;urnelits. 1111 Work shall include CoT1SUlLUI11*s JM'Visioil of'
materials, labor. expcmics. and aln otim, cost or hetll 13ecessary to complete the 1Vork.. which i. g-cncralIN
described professionai engirteeritt." servicros f:1r elle dcSi�um of traffic: signal improvc1ijents at the
intersecrian cif' Morlis Road and Deerfield I"arkvvay, as may be more spec iIII cal I%r defined in Exhibit
Section 3. Contract Time: Consttltant understands that lime is of the essence of this Agreement and
warrants that it will perform the Work in a prompt manner. which skull not imposes delays on the: progress
of the Work. It shall commence Work pursuant to this Acreement an or before a date to be specified ort a
written "Notice to Proceed" from the Cit), and shall fully complete the Work within 45 days of the
"Notice to Proceed".
Section 4. Work Changes: Any changes to the Warm requiring an increase in the Contract Price, its
defined btelow. shall require a written change order executed by the City in accordance Gvith its ptlrehasin,
regulations.
Seetiml S. C'ollmvn,;atioll and AIeillod iif 11avillettl: l:"itv agrees To 11:cy t'tinsrrl('11it l.io 1.110 serviLvs
lI: I1c.i :.��Ir,i n=;l; iucu l b� ('„i: !li;-int r11-it,lr tlml C'i(�' . cililical.i , 113,rt 11W -:01-N iLTS VL-Ci”':rt lrr.�ll:
I':c,•L- I ,1I
peri-Ormed attL] COSts aCtltali)' jncttr•'t ld in ICCUrdUI1I:e With this A,_n,L:viueM. wr\ ices
peritn-nml and, if'applicLible. ruirrlhurscmem for costs lllCllrrVd:AW ll he palls tU C'onsllltant ttpuEl tilt Cit.'S
receipt wiLl upprokeel of cin Ink mkv. subillitted ftpoll comp1ttitui ell' Ills. Work. settillL, fitrth III dei:r'si ilre
Services perlOrt) ed and casts 1 carred. !nvolcLs shall reflect chant ,,es, inuurt-ed N ers.Lls CIMI- ICS huducted.
The ttrt;.11 alnU11111 1Xl4.1 t€rtllCl this Agrecmrrnt lUr Ole %Vork sh111': tIoL itt am casc_ C:,Crcd the li011c wi3r�ll
1111ourlt" tIIiC'•C't'lltrlct iInce"1, e,,cepi as e.lullin d in Siltlon 4 ah�}Nc:
Task `': lntercunnectilln 171:.simi N%ith _ 1pllaretta �1 )(w
'frisk 3: IN-ieCtinCS tmJ C ordinaticlll S l ,f.iM)
Remlhursahle Fxpenses Y;200
C OIlStllltult sll.11f t,1L(: nig Cc€1Culatcd risk in lilt perlormance of flit Woi- . SPCC1JICCLIIN'_ C011 -S tltalit
that 11) tilt _%rnt it caltnut 1),:'riorm the lv'ork within the linlilikliiltls Cstc€1_P1IS1lCL1 W1010111
disre_.,ardill sutn)ll prillcip[Cs Of LlirtStllralll'S ilidusirl'. C.onsulluilt %till] __.i%C \%ripen mllicc: t}lrrlc�'
lnimvdiatell lu the Cit)'.
Section 6. >C'wvenams ❑f iComult=crit
A_ Assim,nmknit of Aarcelncnt: C'unstlltant cove11aill, anal a4,rc1•s suit to astii14ll [ll tIaII"1t1 .ill+ IIIWrest
in. mer dvlcuale any duties Of this Al r-eement. M ithOL11 the pricer express ,vriueri CORSCIII Of the
C tt+'.
B_ Re,IvII-Sibil it% of C`olistlllaill.and Ilidurnnif€tatiain._Of Cis+_ C'�,nstlllaIll Co%+ :Itanls acid cigrcts to
tail and assuvic all lili- the s_r% iccs rendered in C(.rnrltctioll v ith the
C t+s1 :ult.ilrt shall Ival A lul,tit:; 01111.1 Llai11:1L�e:- dirC.Ctl` rV:.tthillU 10 it 011 cseCOUIll 01' 111V riCl11tk:n1
per]Ornlanct or clwt-acicE- of tltt• 4L'1'1 iCe.N' rellLlered k)Lffnm�ml Lu (his, A_-rcemtnII C'(.iiisul1,aIII shall
defent inclemnit+ and hold harnlik�sa thy: Citi. its uff uvnt . boards. t:DrntTIISr it{Ifs:. tkcted and
Ullp1i[ll.ed ofiWiul-N. employces and ,iyoms from. unu a,,ain-st tiny ,uid all Cl.lini5_ sllits. acYiiril5.
linhilily. judgments. dainapes. ar1c1 incl klirlLl taut 1101 lilnitrtl 10, t'rctss,nal; C
,morneN lees. which are the result of x•illful of illaliuCrlt alts. nrtclrtimlu C0111JUet tO the extent
.ri'ltilllL� tTllt of lllC' nr!'_1Eoinl pL:r1Cr1'1m1[1c-e clptr:lticsrls hi (t�rlSlrlt:lnt. �€!t�'
stl11-colIsuI[Lill L, anvolle del-cCLIV C311111f —Od b3 COWS-111WIll Wk Stlh-CO11Sl11ti1111 113- :ll volie ftlr whose
ne-lit!ctlt aciti Consultalit or Sub-consultatlt n1a), he liable. revardloss A, v%hethor- (Ir fall 111e
nci,Ily, llt act iS C,1LL.,Cd i1: 1)ylrl 11V a pilrl' jrltlernn1111Cd hC'rt'Un dtr1'. 011SUIU1111 Sh ill not 11C recluirecl
to indminify the C:it% or iLs nflicel;s_ hnarlls. L7011111lissillns, ellltCd (r a])]ulirttcd Officials.
enlp.lovees err agents ummisl liability ur Clr€inis lOr damuges, ii:tiseS. (,1i' etifYrttsrti. i11c1ut1inLI
altol-rlev fees. artsing gest of bodily Injury to persol s, death. oI- dumagC to p7't'lptrt) caus5:d h1or
resulting (ruin the rule uc«]lgcnoc c1f the Cite or its officers_ boards_ commissions, elected or
appointed officials. employees or agents.
C. Indiz1)cndent _ Consultant: Consultant H=ell)' covenants and declares that it is engaged in an
independent business and agrees to perforin the Work as all iudepeudent C onsull-ant. nol as anent
or employee of City. Inasmuch as City and Cotlstlltarlt are parties independent of cmc another.
neither has the authority• to hind the other to Arty third person or otherwise to act in any way as
the represinlative of the other. unless c,tlienvise expressly agreed to in writing by lioth parties.
Consultant aures not to represen.1 itsclfas City's a"�ent for any purpose tip anti parte or to allow
tliv CIIIplo C(, to do so' lin ICSS 5110 IICil ilY ULItklrlriXCLl. ill cldwince 1111 l ill writiII drill tlrC11 o111v
', r t!IC linii[ec' I�nrl�sl ;r : ,IEt ;I in _,;u,}r rI.IiII<,,riral I. [_,Iii IIt1111t slutfl .It,: it:. full !; !,slit
C011ir"WIS, L,r .I1freVl11 1113 Uonsultam entcn lillo till Lzehall, ctl City �� itimut Cllr expt• „ kllo%« leder
alld pricy „rit[zll cullscill urC,lt!'-
1). lnsurallcc: t ll';11l1ant Qiill have and nmimain in filll lilrt:t Llnd effect lily the dtll' 111011 Of tllis
A Frtelnc:llt_ i[1stlrailre zippro ed by the City .t, shomi oil FIx-hihit l3-
1.icimsk,,. Ccrlilications and Purim',,: Consultant covciiatlts.tlad &LIans 11111. it kl!I Ltl,t.ililud and
�■ill lnallit:sin 1111 dipl[7 w1 z_ certilicatcs. licenses, permits or 1he like rCLltlll'CL1 h, ,ill■ natio MIL
Mate. rVult,n.El. Cil. alld Iocal boards. itlec, t}l c,[llui 1'e 'til.ftc,t'1
h0dies to plrrlorm the \Vurk- CcitlstlltLunt shall comply �%lih applicahic 1q_-:11 rc�lLill i:mc•nts .Incl
moat ihu slandarcl €it'tltiulk ordjl aril, CXPLLtt:d Ot 11S intro;irk.
t wnersllip of \\ork: All rcports_ dr.rMtlip_ SllecilICUtiOns. allcl rllllcr iten3s lVCj):lrucl nr• in the
prt,erss of l elm.,., preparLL1 for the Work hN rillawrislti'') shrill k. illi• prtspem ui' ilio
Cl} and the Cin shill l l%e cliTiTICLI to frill u."CCSS ,lnd collie's 01' all lnatrriLils. :•ill t opyri_'litahle
� L7ic:ct lzl,mer ill all malenals is llcr-d■ to tiro ("lly and Consultililt €r_rce� It, e%citlte
.1111 ;lt1tllLiilllLll ilis4llnlents Ile tttStiT� l[+ r 1'ici�rlCt' S11t:11 assignment.
Ci_C'cr.rl��ilt�iilt��_fti�t,i.�tieEr[�r[i.yc. 1'it•tC,! i+i,Icl l;lL•I ,i,Lill l,e autllt,rircLl ic, Llct !s!1 Ccslltililt.ltll'ti I'+�h.111'��ilh
respect if, the Work as ('011SUIt.111CS cletiis 11atL•d rel)re5ell1:cl1Vc.
Consultant ackiowlediws that it mall• rcce_Ac confiLlilmal 1111'L,I'llmlim) of ll -le
(11)' and that it ■■111 prolcet ilio cx,nli-Llctlti,Ilit, c,l' any zim:11 t0n1kL1Lnti.11 information will „ill
rccluirc any tit its sub-coiisultams. collsultams. allckv stilly to lit cwtse prowct mic:h confidential
ilili,rill aIicul.
,M L't111YS: Coltsul[all t sll:rlI Ilrect StltlI C rte `- 11e.rsolInul lar dt:�i,!!31LltLt] rtpr'L•�;L'rlt.ilItL•, to 1'Q:i,l,'.7
tel:11:3Ic:11 ur wilti'.aclual prollIC111, tll;It 111LI� ,+L'c:tlI' tlllrlIlL' !.lit: term o1., flit: iowract. at Iw add
Cost to (,It, .
tircticui 7_ tir;inLl:ird of ('1111: !1.7 l)1 -0V iciil3 ticrt'iLe-, un.le illis AL11•remen[_ tile C'oW tllt.11it sh.111
peI-form ill al Illaimer collsisle It t■i1h that dC2l—tV (11• L':IrC 'Will ~Bill tlr(iill.lril', 4xcrclsctl i,y lllcmbenti of the
SLI1110 currcilik pracii6nu umLr "Mail lill lilt' ti n17L• I1111L' .'111[1 Irl OW ,11
similar localltl•.
Section 8. l cr'illinallow. 1.110 C•ttl' 111111 termillate tills AL'revillcill lot- ;il Alli 01111 i1poll
%V1.11t4I1 110tice to t C1MIllt.`1I1[- prt)' Tdcd that no Llwmll?t S Ltt-C Linc lu tile C ]l■ fill' Ct1I1SClltilnt S bl•t:Llcll Ofthis
recilltill. Ilu C il■ '.111111 pal CollsuItalit l() V WL1rk I)Cl•1101-111L:J tit chile• 111 ZLt:t: 1'dZtllLe %4iIII'-et:tl011 IlerC111.
Sietion 9. Miscellaticuus
A. Guy ertlinLa . This Agreement shall be �mverned by the laws of the Slate ofGcorgki
B. Counterparts. This Ageemem may be executed in wiy number of c4lullterparts.. c<lch o1• vilich
shall be deemed to be an original. hitt all of which together shall con.sil.tute one and the salllc:
ingirtinlent.
C. 5[ti1tl'i l I] I11111111n 11_. Nolhim� c1. ulaiuvd to t11iti A,_'.rQQ111c11t shall lie t onstrued Tobe a will er 4AFtlle 1._'1[}',5
stttirrci",11 1111111111111 1• aII} IIIdIV1d1.I..1I'S IIIIJlilirLl ttil 1.1iI111 „r' 0111 C int i11IIIILItI tic
!J. �' til', II'itE.ILiII !€ i, 1!I 1',,,lit` I .til 111ill,,n 111.11 �11ra1IEIn,Iir:_.':. li II; •.!1:111 Ilia L-ir •.,3rld, )cc
to [►dories woti. on CitL ct,lltr::c>. 11INOt 1iuwrf
elle physical Ilcnr111unCc ell �ecr
rlices. 'I Ilelorc. dic Cil\
sliall not enter intu 11 ColliraCt lilt' file physical pel"fol-1111111cc of Sc:rL ivcL , IN 1111111 11IL: 111 6e0I-4,i.1, Lilllc»
tlI C 0111411lallt ~hall Ili'L1L idc L7N idvilL:e x111 L ltL-pl-m IdetI 1LII'lliti.:iltr Chad 11cret,� .1`- E\11i11it, "L •- .end -D-
Lhat it :MLI C. cultiLlli lilt 5 Subcollit•. ctol a iL:L1 e Ll itilill the 111'ek'i011�, tl►'CIV (1' 1 111:,111.11 Ilefit"d COlIdL1C-Acd a
Lt't'IiI1-1ilIL-I1 elf till' SL,: iEII -LQcIII-In 111lillE��f', Of illi CulplL-lVci:s "it" )%I I I I t€IC C-ill Ca=I1Lr�ICI
It CIISUFV 111:11 Ile+ 011au0101-17.Cd aIicm 1L ill hC Cn1plv\Cd. 111 • C it ;%fillCI til- IlS'llt r JL:SI SII" til'lull hr
auth-or1/_cd to i:s,llduct all inspo,!I1im ill IIIL' t'11I1miliatIC'. ;]IIsi i 011ti:111:11WN %Ilhk�L 111t':iL`Itit'ti' L't't-II![�1T11111
pi-tows to c cm—luirlc Thal 111r Lerilic:ltion was Col-reel and rr1111j11eli.. HIC C•=.+11:uli RI a11d C0lt.,1l1lilllt't
NUbCLmlraCtta> sllA1 t'ct,ain all docom:nts and t'CCL,rtfs OF its vciIfication 1alc,Lcs5, lilt it ll: -lod ul' du-Cu (31
NCZU-.S 1011 7H111- L:C,111I1101011 01.111L' 6:L+11IMCI. ThiS I-CCIIIII illellt �Ilall al,llll Il+all Conti-acts jilt 1110 physival
1'vt-1 rnutnt i ell st rLioc!. ►1here 1nc;rG lh:1n three 1,> 1.n11> nrt: c111ploved rill the C•it1 Colill 1Ci.
The Cil Mall:tlLI lit' 111 11CI tlt'SI!'[liC' "hull llll'111cl lit' iall [it 11-1 CCI I(i C01tL111C1 11VI'i0dIV tlltil,CC60111, 11.1
VIISILIu 111.11 11[� L•in C 011'Ili ltlLl11 ell ' kIll,tllt.UICS StiE7LLulu.tLti.ilS C111111L+L L11t:IL10101i/CLI aliCllti Li1I L. h
L:utlll'JCI-. 131 ClItCriM-1 11110 a t ODIrnCt will tliv CO-%- thu. Coll'alltallt aild Coll"IdE l IC." 411Liv L}1itr,s�lul5 :i�'I'i'L
10 Of-Op'--rate lL ltli :1111 ~Hull inv iu;iiio 1 Eti7 iiiakinL iib record., .flit{ pvr�;IIll lel .,tv:1lfahlt ap-111 lvasoilalAv
liillli.:C 1kii mNlic+:umi and iw,,tionim-1 W hUrt: ;i ( �M,LIIIIIIII Ol l OIINIIIUIIII �; titlt-)Ct+l11r.1CIOFI - :11C 1-01LIOd lel
have emploNed all tlllaLit lio izcd alivil. lilt' Cil\ Milllauvr ill' hiS'IICr dt'.iLmct' may order (lis' C oiiu ,nit:lnl I(1
1cr1111inuk- of rL:(plir.c 11a St6collirK110.11 ll. tL:rtliumik: that p rmw s, empli)Ll will 117mlcihulclt and to report
Saltie 1t) the Department ill'Hollicland Sel'itl'Itl'. The C illltiull,lni•, filill.tlC to M—IlilllaW lhi' CITIplo ee, tit
tlthel ise coo1wrat L' 11-ith Ills invt:su cation nlll\ 61: tiE1111:Lit11Ec.; l l)1 IC1f11ilIJLi011 t+l EhL' ctrltir•uLt. :tnkl tlls,
C'ollsull.Itit shall be Iiullle fOr.iII damalzes and delays occasiolied 1r, tlsc C'it1 thcrL:hN.
Colnpllaillx iL ii11 the t'etltlirtmicntti o C (-r.C'.Ci.A..§ I 10-91 an Ll kldt: 3C111-1 ti-1-.11? is 1I7.111thil11•, .
L f741s1111311t i1 I'CCti 111111. ill tiler evesiI the C t$I1stlIlalIT ell 1131OVS Ol. C4lilt ra:lS 1LI111 ilil► ,IIbut smractclr(si ill
CQ11I1CC11L.,11 111111 this AgwL•tIlClit. IllC (011SUItalll H ill St•LIKC ll't,tll tho titlhv Llnlrav ltil'1,1 tiuclt
StIlick) IIII-.iL:Itlr(5 1 ilid Ica Iitnl of the abilic. Caw-g u'► lime i'� a pplicallk. I=, [lie
�nhclutrr:tL:tllr- -
C'Illlsllltant'., L'iil1ll11iatl,rC 1%1111 Illi• rLLIl IC111CIIIS 131 U-C_'-G A. �, I +• IH-91. Ind 1 RIC ,I()()- Is]-f-.11'? Shall hz
1tte tel! h► tier L tiectlticln L1� tett ctllltraCltlr S set lilFtL It atu du.:tl .l, I:silil,il -k-
1
_
1 ti:r of ove rL[Iiliruninl • situp lx ill additi"11 Eta tilt 1'L Lltltt't 111CIlt= of ` tatc acid fvdVrnl kn\■, and shall bt
C,IIItin'Lltd to he ill With thos-v la%L -S.
!:. SAS L Affildvvit imc] 5t=cure Vel'ifillbir DOCL1111L:M. Pur: iant to (), ' CiA, ';0-�0- I. the Olt ntllrl ulitilill
a 5"A\71" .Affidllit -xid a SeCLtr'C atld ►tritialile dOCIIIIILIiI evi dCncill'L 111L' Ct1f15tII[,Itlt 4. It'.a! t;tattis ill till:
Colli111'. Cvch 11111t lklL Coll -M11111111 PbUlill, a ptlillic hrllClit. iIIJUdIHL' .1n1 Ct,ltlrltit_�frCrllt I}1t Cll►-
Cansultatft I1Cr01► ►criiit', th;ll it Ila-',_ pnor tt+ e-%,ectitink� this s-,reenit:lst_ uXC-.uli1ULl .1 SAVI' Al-fidillil fttl
ISL: SIALTt'll LnulCr tl:llh L1r1L10 rri111i11i11 pk:llalti Lit falseS%%cat w-,, pursuanl lL+ t).C..0;.A_ ti I6-10- ;'1 }, Li till
01, wIlli h is allached hcreto as Fxhihit 1�."'. and Nubmilwd -recd affidavit to tit: C li% ill person.
ciccironicail . oi- by mall. l"urthrr. CL,1131111Etnl vcriti;�l+ shat iL [Mt, IninL In C' -Cr Lllillu ilii- .1uItt1nc111,
sullrnitICL! :1 secure and 1CrifiLlflle (10CU 11Crlt, Cti'1CIC116110 the C ollsultallt'S legal atalus. tri the City Cither in
persnn or electrnllically [lit compti:atice with else Uniform L-lectruLLie Tramactions Act). Con -.dant
verifies that it is in Coll 1€Miall( ce with die Resitlencv Status of im Applicaltt Cor Palllic Beltefit, as required
hN the Georgia SecuriLv and Irnmi�-ralion Compliance Act (O.C.G.A,. 50-36-1 ).
IN WITNESS 'L'+'HEREOR the parties have cattNed this A-i-celmnt to be vxcc.tltod lender seal as of the date first
Ativc written.
ti11;; 1 1,1 ( ; i11- 1'01_1_rM lull; 1'.'.1 -I
I'.,,'-1 of -5
j L&R EllgillrcririE!, lni.l
�i tuituri.
A-44
Tiilc:
_e$St d6x f3` ............
f'rijitL cd Name: A"4out- _4'4 • A merz _ -
EER
yyyyy1y111flrlrrrrr
yy,,,.• G�Nto"v •-.,,.
r�r Gp?Pop,. t •�' _
x .�. _.
slf: r ;
0-1
fig ... �..•�.\ ,yti
�r11r:r�.......�.
Exhibit A
Work Description
No
Aprr1 19, _'(1l 1
ASR Engineering
_'16':1 Kingsti]€ C.'OU1l. SU11e' C
Mc1 is .f 1 c, GA 3000
1r1 1-'ry"i; I,9(1 1 i1x- 4'i:1] [.v,
k1l'. Carter l.c€cati
Publiv Works Dircclor
C lt1 of N-1dion
13000 DeerhLid V,11-10% "%I. 1070
Inc.
Pa.—,C I o
Ike artlin;;: T1-.{ftic VII i€tecrin Scry ices 11nt>'1}nsal for D-ecHite ltt Pat-ki%a►I Murris Ruatl,
C'i1v of Millon. (IA.
Mr. Lucas:
Hiank vtm k,r tak1n, the time to c,,plaIii the dciallti o F Ih=ti 1trcIJCC i t•:r us. ILINCcf t I I I is,ur entail. it
1b m'< tilidcrwind-Im that v ou xk ould like us tt, prcparc a si`=nal Vor the Cil' of, m i lt.crn it, he
iltct.tlirc! ell tl)c itllel•sectioll 01' El.rrl!e1k1 E' Irl, cl .ltid WWII!: i!: 1 -toad. U.ctails Ot' cyur SCOP` Of WWI
arc as I t 11cm -s
`1'AS,K 1 -- SICNAL DL'S'1G\
1 Il';lfiiL ;i,nal LIC-1,11—Al ht: prcp:h Cd, UNITY_ SUI'Ve% i;tlormatiolt r€nJ base: F%P,1J1Na\ cicsi_n I l.tri.
Chia 1%ill he prov ldcd to uw b\ N our %IuNtfr or, Fhe sipal cksi�--Il t. ill Include loczal In kd ull s �lttrl
Cquipment, muss arms. Cowl-ollcr cabinet_ ',Chicle dstectiuzi letter~- phasing diauram. pa',ement
1j1.1r1;111L. and :111 Heller s:c[ui) MCtlt ia',c,u: otic! til>> tilic:llis111ti, I'hc <Oltir doc; real include
1-iI NNMTal 31 W la 1t tiis.
TAS,1% 2-- INTERCONNECI DESIGN
Tho scOpc (,FY 0T,k >_uicier 1hi> task is io dcsiwn a OtbVr-Optic U1 s.1]CJ11- rliir.c the
1,1-01101s"l u'ZIFI-IL siL111a1 at tltz intersection €Ifs Deerfield Pari;t%ax and Nl€rrrrs Road with the
existi€€t traili4 iumil w Dcerficid parkva;n and A li4t e11'1�iatrrials.l�tailin�+
yu,€l mics of iariuus ilirtls W11 altitl l)e ewtilnatecl tole! i414:10jCd inti [hc 111allti_
TASK 3: MEET] COORDIN A'1•ION
All c3ther rneetittgs and coordination -with go►erament agencies. and the prclject wam to discuss
the pro.iect plans or to pursue pcmlits / apprmals ►%.ill be lwrformed under this task. Any
revisions due to changes la the site plan or additional work (riot net}tion"[ in the scope at' work
above) requested by you or the reviewing, a-encies will also be addressed under this task.
ABR Engineering Inc.
AR
PROJECT FEES
i,II h1+ the sen -1cc i� 11I•0110'sed al be as 11i1tov,S:
•i ask _-. IIiiul-Luutic it Des i -n
I asi. MM ( ot1rdill:ltion
Itciltlharscablr 1_xJ_cw,,s s
3.500 LI1mp Sum
Sl. 20110 Ltimp Sum
�1.IItI{i I•.sl. Ilii€ILLI }lL�luf} �
$210 l
.ill reitllhLWNN 11)iC eN;Iclltits NaL:ll as miita.=e- printing.,- tratlIc COMILs. COUrier servExs. and t)thcs'
[illi-L11-11�iLki t e�1�iltsl•ti
\% III I*C billCd ati CICSCriK:d it) LtIC 'SL 1It:LjL11L 01' t hargL:s. I c: -MS o
pa Illent f0i, seri ]ccs and Iitllit" of-liahlIM. are Llcsc.rihed ill th< attJC11CLI SCIIiCILAC 01'C-hatrLrs MILI
c,L'rleral ( m)(Iltinns_ %Lllhilrizaiion A' thv Ncoric l)f• ,-ori dcfi ed in This proposal indl.tcles
licceplailre of•ihr dC-A:l'IbL:Ll ill tjll• (1tI1Ll•jj (011dlllOWL, dog : ulleltl.
1'113111% �i_1Li Iur L'ii IM2 [Ile lhi CHIN Irltislit). <IrILi I i0t)k tirl'\N,lyd 1, s+I'1.ill N.ith �tw.
TIL 1�1L-1�.
AbdulL 44y"L
k-, A111cr. PE-
P nsici Iial I_nul nee r
Shop Lrl-VI oi-k. I -vv. will LiipL't'.11 C i�lliltIt:sll�..�s r.el�tLLf i»:
tii--ll;ilure:
Nainc:
t. •,1Ii111um ,
Dale:
Attachments-. Scope of Work- Fee. Schedule OfC'hars> s and General C'ondiflons
Exhibit B
nsur•ance Certificate
TORI
� CERTIFICATE OF LIABILITY INSURANCE
DA 5Dp7YY111
E/1 11
5.1112012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT:FiCATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZ ED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsernent[s].
PRODUCER (678) 690-5990
Crow Friedman Group of Georgia, Inc.
1255 Lakes Pkwy
Bldg 100 Suite 120
Lawrenceville, GA 30043
NAMBillie Towles
tA,C NuPHO. e_x . 67$ 690-5990 FAX, No; 678 690-5992
E-MAIL
ADDREssi biliie@crowfriedman.com
PRODUCER
USTQMER Ia-p A&RENfia.-01
IN S II RE R(5} Aft FO RUING COVERAGE I NAIL
INSURED A&R Engineering, Inc.
WSURERA:American Casualty Company 20427
INSURER s :Continental Casualty ompany 20443
2160 Kingston Ct. Suite Q
Marietta, GA 30067
INSURER :National Fire Insurance Company of Hartforc 2Q478
INSURER D:XL Specialty Insurance Company 37885
INSURER E
11/21/2011
11/21/012
INSURER F
nnvFRAnFR rFR71F1r'A7F NIJURFR• RFVIRlr7N NI IMRFZR-
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,
I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
yINSR TYPE OF INSURANCE
LTR
L
POLICY NUMBER
POLICY EFF
MN1DDlYYYY
POLICY EXP
MMIDDIYYYY
LIMITS
. GENERAL L{ABiLITY
EACH OCCURRENCE $ 1.000,000
MAGE TO
PREMt$ES Ea Dcaurrenca $ 300,000
A
! COMMERGiN. GENERAL UAaII.ITY
cLwMs•MADe OCCUR
840199664988
11/21/2011
11/21/012
MEQ EXP (Any one persdn) $ 10,000
PERSONAL.& ADV INJURY $ 1,000,ODO
GENERAL AGGREGATE $ 2,000,000
[�N'L AGGREGATE UMIT APPLIES PER::
PRODUCTS - COMPIOP AGG $ 2,000,000
POLICY )( PRO- LOC
Is
A
AUTOMOBILE
LIABILITY
ANY Aura
840199664988
1112112011
1112112012
COMBINED SINGLE LIMIT $ 1,000,000
(Ea acGdBntl
13ODILYINJURY (Per oeraon) S
ALLOWNEDAUTOS
130DILY INam
den adenty i g
X
SCHEDULED AUTOS
HIRED AUTOS
--
PROPERTY QNdAGE $
{Per accident)
$
X
NON -OW NFL AUTOS
$
X
UMBRELLA LUW
}(
OCCUR
EACH OCCURRENCE $ 3,000,000
B
EXCESSeIAa
CLAIMS -MADE
64019964151
1112112011
1112112012
AGGREGATE 5 3,000,000
DEDUCTIBLE
$
$
X
RETENTION 10,000
C
WORKERS COMPENSATION
AND EMPLOYERS' UABILrrY
ANY PFOPRIETORrFARTNEREXXECUTIVE Y i N
OFFICE RPAEMBER EXCLUDED?
(MyyandatoryinNH)
'C419964196
N 1A
11/2112011
111Y1=12
X 1,1C $TIM ER
e -L EACH ACCIDENT $ 1,000,000
E.L D3SEASE -EA EMPLOYE $ 1,000,000
DESCRI TION OF OPERATIONSheiow
E.L.DISFASE-POLICY LIMIT $ 1,000,000
D
Professional LiabilityJDPR961942419
6!712011 6/1/2012
Eaeh Claim $2,000,000
D
Professional Liability
I DPR9694249
6/1/2011 I 6/1/2012
Aggregate $2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES [Attach ACORD TOS, Additional Remarks Sch®duke, if MOM Space is required]
Certificate holder is included as additional insured on the referenced General Liability Policy provided it is a requirement of written contract or
agreement.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY QF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City ❑f Milton
TBE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCC.i,7.ANCE WITH THE POLICY PROVISIONS.
"1000 Deerfield Parkway, Su:. ••!G
GA 30004 -
AUTHORIZED REPRESENTATiV I--
531988-20f',,i ACORD CORPORATION. rill I ights reser,,Pd.
ACOND !0911 The Ai(....• ,ue and Ingo are registered marks of H[ :3D
.`,rA"I'I= OF C;LORGIA
CITY UF''IIf:i ON
FXEI IBrr -c-
CON NUI .TANT .AFFIDAVIT ANI] ,AC REE1'IENT
II- L°Ntvillin,- Ibis 41W1davII Ilse €Ind,--r-miu d ctmIractus ticriIICS itti c€unllli3nCt \ it11 [,].C'.Ci.A.
til:itill�° al,111-mulivel■ lhal 111r indIvielual. Iirsll. t+r C0rj71+1'atiiun m h1cl1 is L'll]1t:'jc1111L 1l'1111 thL Cm. 01, A1i11on
has rc;_istcrccl with and is participatin' itt :., f'Qdunil %vork M11110rir:1lilm 1'}rO4 FMI1. €Fl :ICCI WCLMCLW1111 1111-
a11111iC:1hitit� 111%11 Lu it+I1` a11d iltcs tStah11s1l1:Ll ill ( )A AF.A. ti` I
11lc U11LIMSiU-€1cd llirtllzr at, r :, ll]:1l_ x110111 i iE 01• t'utltr.€ci �+ith :fns tictIXA)lttraLtOl'�S) in C01111CC(iult
wiIh ll -IQ 1)1IN' sIcoI I1QIfor II,aIIc of -,Cr,. iccy I7€II's Ila III lc, illi I.:oIItILICt t� iill illi' CI I\ o MI.IItsll. cLai ll1'.wloI Wtll
SOCLIFr fi-0111 silc}1 SubL:01%1rIe10I,lsl S11111lar vol-151callon of ct+mlzhance vilh () C.G.A_ ` 13-10-91 c1n the
sulusllliractcx• AIIkia\iI III•€ VILICLl ill It€Ilr + HO- 10-f}1-.t}ki 111 flet I'Or111 }u;+tIdCd 11\ llIC- C'itr•. CO[I�,€III�1111
t'unli :r a. -ries to rllairiLlin records of such winpliancC anti ItRWidC LI CUJ1} Of CLICII Sut11 111 the
Cil!' ul N111tM1 ill 01C• 111111 1111 iti rt:l:lin,t:d tti perl'Or l tills 11 S I't ICL.
............- w�► (15sj.
I 1 `_ Basic Pinot 1'rt+Lmll1 I n, l [don tihuc ltlon Number
. -Ab�_ � 47, -A/,
13 V :. Au1h,lrl AcLl
A& R #.ntiine rin_,. Inc.
•J ltll [f! ailll3lll'IICiI t31�11L'LI' 1iT' nS'lllli []l t �13i1T':1�llrl
a §DVL �_A qe'2.
Primed Name ol-Aullivriced []Ricer €Ir AiXIII
SU liSC Ii IBI_D AN D SNVOk1'
HIA.(]}tE MF ON TIII�S I I I1
JL:�-llAY OF u� n .201s_
Nmary Public
My Commission Expires:
/0 -znr4
CHNOF MILTON
>F XHIRIT'•I1"
1*UBC(-)N"I'RAC"I'C1k .AFFIDAVIT
BN rtic.etritl 011 alfidavi.t. the subC0110r11001-►trilies ILS C011ll1li1-tnci ►Xlt.h D.C'Xi.A. i 1 ;-1i1-
91. statim, allirmati►> l► Ihat lilt• indIVIt.ltlul. tints ur corpo, .tilon which is en-zw,;:d in the Physical
1101-t'UFl11;1WV Of',OF\ iica Lmdk:I- a Loalract v►11i1 .` &-R k-,l��il�c�rinti.- III � helIal I U the City' of N-1iltt,n has
rL .1SIe1Vd 1sit11 MKI iN Irlrlrcll,L1ti111,1 ill a ]eLlcra] ws+rl, authc+r17JIii„: I,rr,��t:L,11_ :n accL,r�l;Ln�e ►+ititi thL
;1I�I,li�;t},ilii► pro isioels and dcadIiu%s r.�titabIis]tesl iiY Ci.C'.[i..h
ITV . Basic Pilot I'll Ill Usci' 1jimfiflu alion NL11111-wr
BY: AL,111111'IYCd Hili -or or A-ucnt slate
Ensurl SuliowIrm:ior Na711cf
1-1L1eufAuth„rizcd()fl.ic:erorA-mn1 „1 -ti
P6111C(l N alllt 0 AL1th01-iVC(I t lltirt t�1
tiLq'BSUR lRED ANI) S%X ()KN
BEFORE ML ON '11115 THE
I)AY 01
Nowr� I uDIit, t'
Mv C'ommissWil I �k►irc:;:
,r A, -mit
L
at4Ls1'
.201
STATE'' OF GFORGIA.
CFFN OF MILTON
FxIIIHIT "F."
SA1' . AFFIDAVIT
B� cxce ullIlf! This affiilm H Under C adl- [Ind ati Lin I pplicalit 101- a Public 110111:11L ;i-� ry 1,L:; :11cud ill
f-mv 111e C'it% of N-111tcln. th%� and r-ovilt: ld o 3171icalif ►'Clllliti one of' 111: fi111L%\%1 . %%ith
FCSJ1CCt IL, nl}' 11P1lIiCa11011 f01- IILIMIC tMICtlt:
I; I alri a i 11i1cd titates 0111/crl.
I} I ,1111 a LLL1111Cr111alleilt rc:;idcllt s+ftllc Ullilcd S1111eti.
qualilitd aliell Lir null-immi-gant 11nl:let' the I e(IL: Ll1 Immigration and N:1tloll 11it► At.1
lvith gills 1111CII 11L111111el- 1%Mjk'1 the DQpartmeni OF I111111Via11cl SVCuril% all' Other 1'eccad
mill 1t'ratiUn [i'.,Cllt'1 .
%MV illi:rl dumb.,— itisLKtd by Lhe C cPartmcm of I iolneland Security or other Ccklerid
llll[t1iCI':ii][111.1'!�lli1 SS:
I'hr Llndt.,rsined appIIcan I aIst3 henfhy lirIII ti iii;lt Ilc i i r is i, 1ti ►cal I('ae or oIdtr atld 11,ts pru v i d c d
at Icust cltic S;:c; 1IV and ► criliablk• LILICL1111CIlt- r1rcclUII-Cd by (.1.C.G.A.
1 50 -.+t+ -1€I.1( I €. �� ill! thl-� .01 Ithwil
I lie s"urc alid ►cn1-litHe siounhlcllt 11r+I►it's,t1 ►+'111 this a111Lla►'il x.111 hist hC ClLk1 .1 ilial 2L1;
- u 5 Pd:�-ssrgt- — ..
11-1 niaki lV flit abOve rgwescnizttion Lm&r oath. 1 anclerstaiid thol an) person ►k11s,Il..tt►r►►Iag-I alld ►ki111UIIN
117sL VS J 1a1 W. IlCtill(AIS. 01 it-AKILlIcIlt Stok:11)tlit or rPrc-"Clilallon ill an a ithm ii Aiall hl uuflt1 Ul ':i
,violation oft 1.[ ,t r.-1_ I v- 10-2(). WICI thLC CCltlllllLd 1-1011alilrti UN L11k vd hy SUL'1h Cl-iIlllllol Slatalct
C xecuicd ill d Q 1 R Citl 1. St7te}-
SUBSCRIBED AND SWORN
BF -FORE ME QN THIS THE
�DAY 0f . ?a 72—
%`1'IARY Ill 11,1 1(:'
1 - mw -] Ess i,-rl '•Ilii'e4'
/,9-2 1— z0by
1&0 0�1�
5i4w'11atuIC Lli :11�I11icullt
Primed Name ol'Applicant
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: May 22, 2012
Council
Meeting Date: June 4, 2012
Agenda Item: Approval of a Professional Services Agreement between the City of
Milton and Pond & Company to Provide Concept Engineering Services
for Intersection Improvements at the Hopewell Road – Birmingham
Road Intersection
Discussion:
Project Location-------- O
Location Map
The Hopewell Road-Birmingham Road intersection was identified in the City of Milton
Transportation Master Plan as one of the top priority intersections in the city. This project will
provide the basis for future design and construction of intersection improvements at this
location and includes the following tasks:
Task 1: Traffic data collection;
Task 2: Property research;
Task 3: Property and topographical survey mapping;
Task 4: Traffic operations and safety assessment;
Task 5: Develop at least three concept plans;
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
Task 6: Prepare reports and concept plans;
Task 7: Public outreach and public meeting;
Task 8: Final report and public presentation.
A request for proposals was issued for these services in accordance with the city’s standard
purchasing policy. The city reviewed the submittals for both qualifications and price and is
recommending approval of the Professional Services Agreement with Pond & Company in the
amount of $39,900.
Legal Review:
Paul Higbee – Jarrard & Davis, LLP – May 9, 2012
Financial:
Funding for this project is available in the Hopewell @ Birmingham Rd Intersection Improvement
capital account.
Attachments:
1. Professional Services Agreement
'u�, City of Milton
PROFESSIONAL SERVICES AGREELNIENP
CONCEPTUAL DESIGN FOR THE INTERSECTION OF HOPEWELL ROAD AND
BIRMINGHANt ROAD
2y This Agreement made and entered into this day of . in the yeas
2011, by and between The City of Millon, Georgia (sometimes rererred to herein as the "City*'),
having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004
and Pond & Company ("Consultant') having its principle place of business at 3500 Parkway
lane, Suite 600, Norcross, Georgia 30092.
WIIL:REAS, the City issued a Request for Proposal (12-PW4 Concept Pan for Ilopewetl
Road -Birmingham Road Intersection Improvements), to solicit professional services for the
development of concept designs for the intersection of Hopewell Road and Birmingham Road;
and
WHEREAS, based upon Consultant's bid to provide these services as required by the bid
documents, the City has selected Consultant as the winning bidder, and
WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement,
according to the terms and conditions provided in this Agrecunetw and
WHEREAS. Consultant has familiarized itself with the nature and extent or 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 ou' performance of
work. and Contractor is aware that he must be licensed to do business in the State of Georgia.
NOW THEIREFORE, the City and Consultant, in consideration of the mutual promises
contained herein and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, auree as follows:
LO Contract Documents
This Agreement and the following named Exhibits, attached hereto and incorporated herein by
reference, constitute the "Contract Documents'
EXI I.IBIT A REQUEST FOR PROPOSAL/SCOPE OF WORK
EXHIBITHI RESPONSE TO RFP/FEE SCHF,DULE
E..XHIBIr C INSURANCE CERTIFICATE.
EXHIBIT D CONSUL; CANT AFFIDAVIT
EXHIBIT E SUBCONSULTAN"r AEEIDAVI"r
FXIHUFF SAVE AFFIDAVIT
,_ �,ii.ry of r;litlon
To the extent that there stay be any conflict among the Contract Documents, the provision
operating most to the benefit of the City shall govern.
2.0 Scope of Work; Compensation
The Consultant agrees to provide ail Services specified in Lshibit "A." No payments will be
made for unauthorized work. Invoices should be submitted to Rick Pearce, 121000 Deerfield
Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U.
S. Mail only; payment will not be hand -delivered.
City agrees to pay Consultant for the services performed and costs incurred by Consultant Upon
the City's certification that the services were actually performed and costs actually incurred in
accordance with this Agreement.( for services pertoUned and, if applicable,
reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval
of an invoice, submitted upon completion of the Work, setting forth in detail the services
perforated and costs incurred. Invoices shall reflect charges incurred versos charges budgeted.
The total amount paid under this Agreement for the Work shall not, in any case, exceed a Lump
sunt lee not to exceed $39,900 (the "Contract Price") without prior written approval from the
City. Consultant shall take no calculated risk in the pertormance of the Work. Specifically,
Consultant agrees that in the event it cannot perform the Work within the budgetary limitations
established without disregarding sound principles of Consultant's industry, Consultant will give
written notice thereof immediately to the City.
3.0 Independent Contractor
3.1. "the Consultant is aft independent Contractor. The Consultant is not an employee, agent
or representative of the City of Milton_ The Consultant shall obtain and maintain, at the
ConSuhant", expense, all permits, license or approvals that may be necessary for the
performance of tine services.
3.2 Inasmuch as the City of Milton and the Consultant are entities 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 parities hereto. The Consultant agrees not to represent itself as the City's agent for any
purpose to any party= or to allow any employee of the Consultant to do so, unless specifically
authorized, in advance and in writing, to do so, and theft only for the limited purpose stated in
such authorization. Tire Consultant shall assume full liability for any contracts or agreements the
Consultant enters into on behalf of the City of Milton without the express knowledge and prior
written consent of the City.
4.0 Indemnification
The Consultant covenants and agrees to take and assume all responsibility for the services
rendered in connection with this Agreement 'file Consultant shall bear all losses and damages
directly or indirectly resulting to it on account of the performance or character of the services
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rendered pursuant to this Agreement. Consultant shall defend. indemnify and hold harmless the
City, its officers, boards, commissions, elected and appointed officials, employees and agents
from and against any and all claims, suits, actions, liability, judgments, damages, losses, and
expenses, including but not limited to, attorney's tees, which may be the result of willhd,
negligent or tortuous conduct arising out of the Work. performance of contracted services, or
operations by the COnSUltanl, any sub -consultant, anyone directly or indirectly employed by the
Consultant or sub -consultant or anyone For whose acts the Consultant or sub -consultant may be
liable, regardless of whether or not the offending act is caused in part by a party indemnified
hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any
other right or obligation of indemnity which would otherwise exist as to any party or person
described in this provision. In any and all claims against the City or any of its agents or
employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly
employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -
consultant may be liable, the indemnification obligation set Forth in this provision shall not be
limited in any way by any limitation on the amount or type of damages, compensation or benefits
Payable by or for the Consultant or any sub -consultant 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.
5.0 Insurance
(I) Requiremrnh:
The Consultant shall have and maintain in full force and effect for the
duration of this Agreement. insurance insuring against claims for injuries
to persons or damages to property which may arise from or in connection
with the performance of the Work by the Consultant, its agents,
representatives, employees or sub -consultants. All policies shall be subject
to approval by the City Attorney to turn and content. These requirements
are subject to amendment or waiver if so approved in writing by the City
Manager.
(2) Minimum Limits of htsurance:
Consuhant shall maintain limits no less than:
(a) Comprehensive General Liability of $1,000,000 combined single limit per
occurrenec 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
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Gitp of Milton
injury, sickness, disease or death, injury to or destruction of property,
including loss of use resulting there from.
(c) Professional Liability of 51,000,000 limit for claims arising out of
professional services caused by the Consultant's errors. omissions, or
negligent acts.
(d) Workers' Compensation limits as required by the State of Georgia and
employers Liability limits of $1,000,000 per accident.
(3) Deductibles and Self -Insured Retentions:
Any deductibles or self-insured retentions must be declared to and approved by
the City.
(4") C)ther Insurance Provisions:
The policy is to contain, or he endorsed to contain, the rollowing provisions:
(a) General Liabilitv and.. Automobile Liability Coverage.
(i) 'rhe City, its officials, employees, agents and volunteers are to be
covered as insured as respects: liability arising out of activities
perforated by or on behalf of the Consultant; products and
completed operations of the Consultant; premises owned, leased,
or used by the Consultant: automobiles owned, leased, hired, or
borrowed by the Consultant. The coverage shall contain no special
limitations on the scope of protection afforded to the City, its
officials, employees, agents or volunteers.
(ii) The Consultant's insurance coverage shall be primary
noncontributing insurance as respects to anv other insurance or
self-insurance available to the City, its officials, employees, agents
or volunteers. Any insurance or self-insurance maintained by the
City, its officials, employees or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
(iii) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officials,
employees, agents or volunteers.
(iv) Coverage shall state that the Consultant's insurance shall apply
separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
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(v) Coverage shall be provided on it `pay on behalf*' basis, with
defense costs payable in audition to policy limits. There shall be
no cross liability eXCIrlSlon.
(vi) The insurer agrees to waive all rights of subrogation against the
City, its officials, employees, agents and volunteers for losses
arising from work perforated by tine Consultant for the City.
(vii) All endorsements to policies shall be executed by an authorized
representative of the insurer.
(b) Workers Compensation Coverage.
The insurer will agree to waive all rights of subrogation against the City, its
oflicials, employees, agents and volunteers for losses arising trona work
performed by the Consultant for the City.
(c) All CoveraEes.
(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 atter thirty (30) days prior
written notice by certified mail, return receipt requested, has been
given to the City -
(i i)
ity.
(ii) Policies shall have concurrent starting and ending dates.
(iii) Policies shall include an endorsement incorporating the
Indemnification obligations assumed by the Contractor under the
terms of this Agreement, including but not limited to Section 4 of
this Agrecnnent.
(5) Acceptability of Insurers:
lusurance is to be placed with insurers with au A.M. Bests' rating of no less than ANIL
(6) Verification of Coveraou—
Consultant shall furnish the City with certificates of insurance and endorsements
to the policies evidencing coverage required by this clause prior to the start of
work. The certificates of insurance and endorsements for each insurance policy
are to be sinned by a person authorized by that insurer to bind coverage on its
behalf T'he certificate of insurance and endorsements shall be oil a form utilized
by Consultant's insurer in its normal course of business and shall be received and
approved by the City prior to execution of this Agreement by the City. Tine City
reserves the right to require complete, certified copies of all required insurance
h
i _ �••O+y of %Adw:.
policies, at any time. The Consultant shall provide proof that any expiring
coverage has been renewed or replaced at least mo (2) weeks prior to the
expiration of the coverage.
(7) Sub-onstdLnts:
Consultant shall include all sub -consultants as insured under its policies or shall
Furnish separate certificates and endorsements fur each sub -co nsultant_ All
coverage for sub -consultants shall be subject to all of the requirements stated in
this Agreement, including but not limited to naming the parties as additional
insured.
(8) Claims -Made Policies:
Consultant shalt extend any claims -made insurance policy for at least six (6) years
after termination or final payment under the Agreement, whichever is later.
(rd) Qas Additional Insured _and Loss Pavee:
The City shall be named as an additional insured and loss payee on all policies
required by this Agreement.
6.0 Term; Termination
The term of Ihis Agreement shall be front May 11, 2012 and shall terminate absolutely and
without further obligation on the part of the City on December 31, 2012, provided that this
Agreement, absent written notice of non -renewal provided by the City to Consultant at least
thirty (30) days prior to December 31, 2012, shall automatically renew on January 1, 2013 to
December 31, 2013. Except as otherwise provided for in Exhibit "A", the City may terminate
this Agreement upon a breach of any provision of this Agreement by Consultant and
Consaltant's subsequent failure to cure such breach within fifteen (15) days of receipt liom the
City of a written notice of the breach. Title to any supplies, materials, equipment, or other
personal properly shall remain in the Consultant until fully paid by file City,
7.0 Compliance with All Laws and Licenses
"flue Consultant mist obtain all necessary licenses and comply- with local, state and federal
requirements. The Consultant shall comply with all laws, rules and regulations of any
govennnental entity pertaining to its performance under this Agreement.
8.0 Assignment
The Consultant shall not assilm or subcontract the whole or any part or this Agreement without
tite City of Milton"s prior written consent.
6
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9.o Amendments in Writing
No amendments to this Agreement shall be effective unless it is in writing and signed by duty
authorized representatives of the parties.
10.0 Expertise of Consultant
Consultant accepts the relationship of trust and confidence established between it aid the City,
recognizing that the City's intention and purpose in entering tato this Agreement is to engage an
entity with the requisite capacity, experience, and professional skill and judgment to provide the
services in pursuit of the timely and competent completion of the Work undertaken by
Consultant under this Agreemeit.
11,0 Governing Law
This Agreement shall be governed in all respects by the laws orthe State of Georgia.
12.0 Interpretation of Documents
In the event of a conflict in language between this Agreement and mty exhibit to this Agreement,
the provisions most favorable to the City shall govern.
13.0 Entire Agreement
This Agreement constitutes the entire Agreement between the parties with respect to the subject
matter contained herein: all prior agreements, representations.. statements, negotiations, and
undertakings are suspended hereby. Neither party has relied on any representation, promise, nor
inducement not contained herein.
14.0 Waiver of Agreement
`file City's tailure to enforce any provision of this Agreement or the waiver in a particular
instance shall not be construed as a general waiver of any future breach or default.
15.0 Sovereign Immunity
Nothin- 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.
16.0 Notices
All otter notices, writings or correspondence as required by this Agreement shall be in writing
and shall be deemed received, and shall be eflectivc, when: (1) personally delivered, or (2) on
the third clay after the postmark date when mailed by certified mail, postage prepaid, return
receipt requested, or (3) upon actual delivery when sent via national overnight commercial
7
G!v of MiAelr
carrier to the Parties at the addresses �,.iven below, unless a substitute address shall first be
furnished to the other Parties by written notice in accordance herewith:
NOTICE TO THE CITY shall be will to:
City Manager
City of Milton
13000 Deerfield Parkway, Suite 107F
Milton, Georgia 30004
NOTICE TO THE CONSULTANT shall be sent to:
POND & COMPANY
3500 Parkway [,zine, Suite 600
Norcross, Georgia 30092
Attn: R_ Brian Bolick, PF.
17.0 No Personal Liability
No member, official or employee of the City shall be personally liable to the Consultant or any
successor in interest in the event of any default or breach by the City or for any tunount which
may become clue to the Consultant or successor or on any obligation under the terms of this
Agreement. Likewise, Consultant's performance of services undo this Agreement shall not
subject Consultant's individual employees, officers or directors in any personal liability. 'fire
Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or
asserted only against Consultant or the City, respectively, and not against any employee, officer,
director. or elected or appointed official.
13.0 Employment of Unauthorized Aliens Prohibited
(I) E -Verity Affidavits
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 Citv shall
not enter into a contract for the physical performance of services within the State of (.ieorgia,
unless the Contractor shall provide evidence on City -provided foi ms. attached hereto as Exhibits
"D" and "E" that it and Cmitractors 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 (3j 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.
S
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- � Cd,v ONTtlton
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The City Manager or his/her designee shall further be authorized to conduct periodic inspections
to ensure than no City Contractor or Contractor's subcontractors employ unauthorized aliens on
City contracts. fay entering into it 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 it 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 ckunages 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 front the
subcontractor(s) such subcontractor(s) indication of the above cnnployee-cumber 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 tine execution of the contractor's affidavit attached as Exhibit "F,."
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 haws.
(2) SAV1 Affidavit and Secure Verifiable Document
Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit ,incl a secure -,aid
verifiable document evidencing the Contractor's legal status in the Country each time that
Contractor obtains a public benefit, including any contract, from the City. Contractor hereby
verifies that it has, prior to executing this Agreement, executed a SAVE. Affidavit (to be sworn
under oath Under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of
which is attached hereto as Exhibit "F", and submitted such affidavit to the City in person,
electronically, or by mail. Further. Contractor verities that it has, prior to csacuting this
Agreenteot, submitted a secure and verifiable document, evidencing the Contractors legal status,
to the Citv either in person or electronically (in compliance with the Uniform Electronic
Transactions Act). Contractor verities that it is in compliance with the Residency Status of an
Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance
Act (O.C.G.A. § 50-36-1).
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.
9
QCf Or Pmol,I
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed, by
their duly authorized officers as of the day and year set forth next to each signature.
POND & CO ANY
By: R. Brian Bolick. PE
Its: Vice PresidentlPrineipal
SIGNET], SEALED, AND DELIVERED
in �e prose
Roscana D. Richards
o• ry-Public : W p{ +'
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[NOTARY STEAL] ?'��. ,q. 28' 80181 2_
My C n mission Expires:
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[AFFIX CORPORATE SEAL]
CITY OF MILTON:
By: Joe Lockwood
Its: Mayor
[CITY SEAL]
to
City of Milton
EXHIBIT "A"
Request for Proposal
City of Milton
ACKNOWLEDGEMENT
RECEIPT OF ADDENDUM #1
RFP 12-1'W4
Upon receipt of documents, please email, fax or mail this page to:
City or Milton
Attu: Rick Pearce, Purchasing Office
13000 Deerfield Pkwy
Suite 107E
Milton, GA 30004
Phone: 678-242-2511
Fax: 678-242.2499
Email: rick.nearce@citvofmilton£a.us
I hereby acknowledge receipt of documents pertaining to the above referenced 1791.
COMPANY NAME:
CONTACT PERSON:
ADDRESS:
(Try: s'rATE: ZIP:
PHONE: FA Y:
EMAIL ADDRESS:
Signature Date
ADDENDUM #I
ADDENDUM #1
RI`P 13-PW4
Questions and A ns�rer,e
Docs the City anticipate moving forward into the design phase with the selected consultant or
will the City need to solicit bids for subsequent phases?
It m ill depcod on the recommended solution. The cit'I cats contract directly for professional
services tip to a maximum fee of 30.000 dollars. Ahow that cap the city uvmdd need to
solicit hids.
Are executed "Consultant Affidavit and Agreement", "Subcontractor Affidavit" or "SAVE
Affidavit" required in the proposal'!
No
Do items outside of the "Technical Proposal' count towards the 20 -page limit, including the City
of Milton cover page. disclosure from. and proposal letter, cost proposal, pricing and fee
information, addenda acknowledgement forms, table of contents, covers. tabs and conceptual
layouts"
`,o
Are 1 [X17 sheets allowed for the conceptual layouts and will they count as one-page'
Yes
What specific information is required for the Cost Proposal?
0111y tile Cost Proposal Fornt pu-ocided in Section 5 is acquired
Are Subs also required to execute the Cost Proposal Conn?
No. all sob-consalkuut priving should be fi cluded in the printru•v cmisultulms bid proposal,
Project Scope. Specifically, on Task 3 for Property andTopographical Survey Mapping, it asks
lot the consultant "to notify all property owners, in writing, of the impending surveys, prior to
starting any surveying activities on their property. A copy of the notification shall he provided to
the city and should contain, at It minimum, the followiu*...". Do we need to provide this
information with the proposal. or only if the work is awarded to our [earn?
This wilt only he required b: the Selected cor.sattant prior to haginning MPH—
ADDENDUM #I
RFP 12-PW4
Questions anal-iiNiYvrs
Compliance with Workers' Compensation Act, are we to supply proof of compliance in the
response, or only if we're awarded this work'?
This %vill onh, be required by the selected consultant.
Appendix A —Sample Contract, it states in Section 5.0 Insurance, that consultant should provide
certificates of insurance evidencing coverage prior to the start of work. Again, do we need to
provide that in the response or at it Iter time'?
This }sill only he required by the selected constrltanl.
On p. 33 of the REP, it lists Exhibits A, B, & C. Are there exhibit forms that accompany these, or
tire they just referring to sections of the proposal'? If so, Exhibit C states Insurance Certificate —
does that cover our proof of insurance'
fhese are part of the sample contract and will only be required by the selected consultant
Can it be assumed that waiver of the "City as Additional Insured" rcquirement (section 5.0 (9))
for the Professional Liability and Workers' Compensation policies is a revision to the agreement
that the City will approve, since such stahts for the City is not available as part of standard PLI
and Workers' Comp. policies'
Yvs.
May we alsoassunne the intent of section 5 is not to require wholesale restructuring of existing
insurance programs once the coverage limits, categories of insurance and primary standard
policy provisions are nut in it responder's insurance policies'?
9'lm Consultant is required to maintain the types and amounts of covet urge, listed in
Section i.
In a similar vein, can it be assumed that the requirement for all policies to include endorsement
incorporating the indemnification obligations of section 4 be waived, or preferably, that section
4.0 itself might be revised so that obligations included in such an amended indemnification
section may be covered by liability policies currently available to the A/E industry'?
The requirements of Section 4.0 :are our standard contract requirements and should be
iewed as a requiren t'ltt ol'the final Contract; lu»veser, if there is specific language that
needs to be reviewed that ntav be done with the selected consultant at the time the contract
is to he asvarftell.'t'heie is no "manultee that all) proposed contract tanlowa,'e 1 ill he
atcettIVIf.
--_ - CITY OF MILTON
I City of Milton REQUEST FOR PROPOSAL-
(THIS ISNOT AN ORDER)
RFP Number:
12-PW4
RFP Title:
Concept Plan for Hopewell Road - Birminoham Road Intersection Improvements
Issue Date:
RFP Due Date and Time:
April 20, 2012 CD 2:OOpm local time
March 19, 2012
ISSUING DEPARTMENT INFORMATION
Procurement Office Contact:
Issue Date:
Rick Pearce
March 19, 2012
City of Milton
Phone: 678.242-2500
13000 Deerfield Pkwy, Suite 107G
Fax: 678-242-2499
Milton, Ga. 30004
Website: www.cityofmiltonga.us
INSTRUCTIONS TO OFFERORS
Return Proposal to:
Mark Face of Envelope/Package:
City of Milton
Bid Number: 12-PW4
Attn: Rick Pearce, Purchasing Office
Name of Company or Firm
13000 Deerfield Pkwy
Suite 107G
Deadline for Written Questions
April fi, 2012 @ S:OOPM
lanad(preferred) questions to flick Pearce at
rick.pearceCo)cityofmiltonLa.us or Fax
questions Aun: Rick Pearce at 678-242-2499
OFFERORS MUST COMPLETE
THE FOLLOWING
Offeror Name/Address:
Authorized Offeror Signatory:
(Please print name and sign in Ink)
Offeror Phone Number:
Offeror FAX Number:
Offeror Federal I.D. Number:
Offeror E-mail Address:
OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE
COVGf: S1 11-11.
TABLE OF CONTENTS
Offeror's RFP Checklist
Disclosure Form
Proposal Letter
Schedule of Events
Section 1: Project Overview and Instructions
Section 2: RFP Standard Information
Section 3:
Scope of Project
Section 4:
Offeror Qualifications
Section 5:
Cost Proposal
Section 6:
Evaluation Criteria
Section 7:
Standard Contract Information
Appendix A: Standard Contract
OFFEROR'S RFP CHECKLIST
The 10 Most Critical Things to Keep in Mind
When Responding to an RFP for the City of Milton
1. Read the entire document. Note critical items such as: mandatory requirements;
supplies/services required; submittal dates; number of copies required for submittal;
funding amount and source; contract requirements (i.e., contract performance
security, insurance requirements, performance and/or reporting requirements,
etc.).
2. Note the procurement officer's name, address, phone numbers and e-mail
address. This is the only person you are allowed to communicate with regarding
the RFP and is an excellent source of information for any questions you may
have.
3. Attend the pre -proposal conference it one is offered. These conferences provide an
opportunity to ask clarifying questions, obtain a better understanding of the project,
or to notify the City of any ambiguities, inconsistencies, or errors in the RFP.
4. Take advantage of the "question and answer" period. Submit your questions to the
procurement officer by the due date listed in the Schedule of Events and view the
answers given in the formal "addenda" issued for the RFP. All addenda issued
for an
RFP are posted on the City's website at hitp://www.cityofmiltonga.usand will
include ail questions asked and answered concerning the RFP.
5. Follow the format required in the RFP when preparing your response. Provide point -
by -point responses to all sections in a clear and concise manner.
6. Provide complete answers/descriptions. Read and answer all questions and
requirements. Don't assume the City or evaluation committee will know what
Your company capabilities are or what items/services you can provide, even if
you have previously contracted with the City. The proposals are evaluated
based solely on the information and materials provided in your response.
7. Use the forms provided, i.e., cover page, sample budget form, certification forms, etc.
8. Check the City website for RFP addenda. Before submitting your response, check the
City website at http://www.cityofmiltonga.us/ to see whether any addenda were issued for
the RFP. If so, you must submit a signed cover sheet for each addendum issued along
with your RFP response.
9. Review and read the RFP document again to make sure that you have addressed all
requirements. Your original response and the requested copies must be identical and be
complete. The copies are provided to the evaluation committee members and will be
used to score your response.
10. Submit your response on time. Note all the dates and times listed in the Schedule of
Events and within the document, and be sure to submit all required items on time. Late
proposal responses are never accepted.
This checklist is provided for assistance only and should not be submitted with Offeror's Response.
City of Milton
CITY OF MILTON DISCLOSURE FORM
MUST BE RETURNED WITH BID
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 RFP package when it is submitted.
Name of Offeror
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 12 months) by the City of
Milton and your relation:
City of Milton
n
City of Milton
RFP# 12-PW4
PROPOSAL LETTER
(Bidder to sign and return with proposal)
We propose to furnish and deliver any and all of the deliverables and services named in the Request for
Proposal (RFP) - Concept Design for the Hopewell Road -Birmingham Road Intersection Improvements.
It is understood and agreed that we have read the City's specifications shown or referenced in the
RFP and that this proposal is made in accordance with the provisions of such specifications. By our written
signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City
specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the
specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities,
and to make an award in the best interest of the city.
PROPOSAL SIGNATURE AND CERTIFICATION
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 for
my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et.
seq. have not been violated and will not be violated in any respect.
Authorized
Print/Type
Print/Type Company Name Here
SCHEDULE OF EVENTS
EVENT
RFP Issue Date
Deadline for Receipt of Written Questions
DATE
March 19, 2012
5 PM on April 6, 2012
Posting of Written Answers by City to Websites on or about April 13, 2012
RFP DUE No Later than 2 PM on April 20, 2012
NOTE: PLEASE CHECK THE WE8S1TE (www.citvofmiltonoa.us) FOR ADDENDA AND SCHEDULE UPDATES.
SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS
1.0 BACKGROUND AND STATEMENT OF INTENT
The City of Milton is accepting seated Proposals from qualified firms to provide professional services for the
concept design of the Hopewell Road — Birmingham Road intersection improvements. All Offerors must comply
with all general and special requirements of the RFP information and instructions enclosed herein.
1.1 SINGLE POINT OF CONTACT
From the date this Request for Proposal (RFP) is issued until an offeror(s) is selected, offeror(s) are not
allowed to communicate with any City staff or elected officials regarding this procurement, except at the
direction of Rick Pearce. Any unauthorized contact may disqualify the offeror from further consideration. Contact
information for the single point of contact is as follows:
Procurement Office: Rick Pearce
Address: 13000 Deerfield Parkway, Suite 107G, Milton, GA 30004
Telephone Number: 678-242-2511
Fax Number: 678-242-2499
E-mail Address: rick.pearce@cityofmiltonga.us
1.2 REQUIRED REVIEW
A. Review RFP.
Offerors should carefully review the instructions; mandatory requirements, specifications, standard
terms and conditions, and standard contract set out in this RFP and promptly notify the
procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive
specifications, or error which they discover upon examination of this RFP.
B. Form of Questions.
Offerors with questions or requiring clarification or interpretation of any section within this RFP must
submit their questions in writing via email (preferred), or faxed to the procurement office referenced
above on or before 5 PM on April 6, 2012. Each question must provide clear reference to
the section, page, and item in question. Questions received after the deadline may not be
considered.
C. City's Answers.
The City will provide an official written answer to all questions on or about April 13, 2012. The
City's response will be by formal written addendum. Any other form of interpretation, correction, or
change to this RFP will not be binding upon the City. Any formal written addendum will be posted
alongside the posting of the RFP at http:!iwww.cityofniiltonga.us/ . Offerors must sign and return any
addendum with their RFP response.
D. Standard Contract.
By submitting a response to this RFP, offeror agrees to acceptance of the Chy*s standard contract.
Much of the language included in the standard contract reflects requirements of state law. Requests for
exceptions to the standard contract terms, or any added provisions must be submitted to the
procurement office referenced above by the date for receipt of written/e-mailed questions or with
the offeror's RFP response and must be accompanied by an explanation of why the exception is
being taken and what specific effect it will have on the offeror's ability to respond to the RFP or
perform the contract. The City reserves the right to address non -material, minor, insubstantial
requests for exceptions with the highest scaring offeror during contract negotiation. Any material,
substantive, important exceptions requested and granted to the standard terms and conditions and
standard contract language will be addressed in any formal written addendum issued for this RFP and
will apply to all offerors submitting a response to this RFP.
E. Mandatory Requirements.
To be eligible for consideration, an offeror must meet the intent of all mandatory requirements. The
City will determine whether an offeror's RFP response complies with the intent of the requirements.
RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to
point reductions during the evaluation process or may be deemed non-responsive.
1.3 Reserved
1.4 SUBMITTING A PROPOSAL
A. Submittal Requirements.
Proposals shall include the following.
1. City of Milton request for proposal cover page (information entered and signed: first page of
this document)
2. City of Milton Disclosure form (signed)
3. City of Milton Proposal letter (information entered)
4. Technical Proposal:
Each Technical Proposal Shall be:
a. Maximum of twenty 20 single sided pages (ten pages if double -sided)
b. Minimum of 11 point font
c. Stapled or spiral -bound. No binders
Each Technical Proposal Shall Contain:
a. Cover letter - introductory remarks and proposal summary - no longer than two
pages.
b. Work Plan - Describe the firm's plans to provide the requested services - a narrative
description of the proposed methodology to be used to accomplish the required
tasks. Provide a schedule to complete all of the required tasks.
c. Related projects - Description of past and current projects or contracts similar to this
project, including the degree of involvement of your firm and/or personnel assigned
to the project -
d. Background and experience - Include a brief history of your firm. a list of any
proposed subconsultants, accompanied by their staff resumes, experience, and
description of the work they are proposing to provide oil this project.
1.5
e. References - Include names. titles, and all contact information for clients for whom
your firm has performed similar work.
f. Pricing (See Section 5)
5. Applicable Addenda Acknowledgement Forms (if necessary)
Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0.
B. Failure to Comply with Instructions.
Offerors failing to comply with these instructions may be subject to point deductions. The City may
also choose to not evaluate, may deem non-responsive, and/or may disqualify from further
consideration any proposals that do not follow this RFP format, are difficult to understand, are
difficult to read, or are missing any requested information.
C. Copies Required and Deadline for Receipt of Proposals.
One original and tw
Proposals must be
20. 2012. Facsimii
Proposals will be ope
D. Late Proposals.
r (2) copies of each proposal (plus a CD) should be provided to the City.
received at the receptionist's desk prior to 2:00 PM local time, April
at approximately 2:05 pm and names of offerors will be
Regardless of cause, late proposals will not be accepted and will automatically be
disqualified from further consideration. It shall be the offeror's sole risk to assure delivery to the
receptionist's desk at the designated office by the designated time. Late proposals will not be
opened and may be returned to the offeror at the expense of the offeror or destroyed if requested.
OFFEROR'S CERTIFICATION
A. Understanding of Specifications and Requirements.
By submitting a response to this RFP, offeror agrees to an understanding of and compliance with the
specifications and requirements described in this RFP.
B. Offer in Effect for 120 Days.
A proposal may not be modified, withdrawn or canceled by the offeror for a 120 -day period following the
deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final
offer, if required, and offeror so agrees in submitting the proposal.
COST OF PREPARING A PROPOSAL
A. City Not Responsible for Preparation Costs.
The costs for developing and delivering responses to this RFP and any subsequent presentations
of the proposal as requested by the City are entirely the responsibility of the offeror. The City is not
liable for any expense incurred by the offeror in the preparation and presentation of their proposal.
B. All Timely Submitted Materials Become City property.
All materials submitted in response to this RFP become the property of the City of Milton and are to be
appended to any formal documentation, which would further define or expand any contractual
relationship between the City and offeror resulting from this RFP process.
SECTION 2: RFP STANDARD INFORMATION
W-11IFeV11111 .-I1 1
This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option
allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of
all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used.
2.1 OFFEROR COMPETITION
The City encourages free and open competition among offerors. Whenever possible, the City will
design specifications, proposal requests, and conditions to accomplish this objective, consistent with
the necessity to satisfy the City's need to procure technically sound, cost-effective services and
supplies.
2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION
A. Public Information.
All information received in response to this RFP, including copyrighted material, is deemed public
information and will be made available for public viewing and copying after the time for receipt of
proposals has passed, and the award has been made, with the following four exceptions: (1) bona
fide trade secrets meeting confidentiality requirements that have been properly marked, separated,
and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any
company financial information requested by the City of Milton to determine vendor responsibility,
unless prior written consent has been given by the offeror; and (4) other constitutional protections.
B. Procurement Officer Review of Proposals.
Upon opening the proposals received in response to this RFP, the procurement office will review
the proposals and separate out any information that meets the referenced exceptions in Section
2.2(A) above, providing the following conditions have been met:
1. Confidential information is clearly marked and separated from the rest of the proposal.
2. The proposal does not contain confidential material in the cost or price section.
3. An affidavit from an offeror's legal counsel attesting to and explaining the validity of the trade
secret claim is attached to each proposal containing trade secrets. Please contact Rick
Pearce for additional information.
Information separated out under this process will be available for review only by the procurement
office, the evaluation committee members, and limited other designees. Offerors must be prepared to
pay all legal costs and fees associated with defending a claim for confidentiality in the event of a "right
to know" (open records) request from another party.
2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS
A. Initial Classification of Proposals as Responsive or Nonresponsive.
Proposals may be found nonresponsive at any time during the evaluation process or contract
negotiation, if any of the required information is not provided; the submitted price is found to be
excessive or inadequate as measured by criteria stated in the RFP; or the proposal is not within the
specifications described and required in the RFP. If a proposal is found to be nonresponsive, it will not
be considered further.
B. Determination of Responsibility.
The procurement office will determine if an offeror has met the standards of responsibility. Such a
determination may be made at any time during the evaluation process and through contract
negotiation if information surfaces that would result in a determination of nonresponsive.
C. Evaluation of Proposals.
The evaluation committee will evaluate the remaining proposals and recommend whether to award the
contract to the highest scoring offeror or, if necessary, to seek discussion/negotiation or a best and
final offer in order to determine the highest scoring offeror. All responsive proposals will be
evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may
consider such factors as accepted industry standards and a comparative evaluation of all other
qualified RFP responses in terms of differing price, quality, and contractual factors. These scores will
be used to determine the most advantageous offering to the City.
D. Completeness of Proposals.
Selection and award will be based on the offeror's proposal and other items outlined in this RFP.
Submitted responses may not include references to information located elsewhere, such as Internet
websites or libraries, unless specifically requested. Information or materials presented by offerors
outside the formal response or subsequent discussion/negotiation or "best and final offer," if
requested, will not be considered, will have no bearing on any award. and may result in the offeror
being disqualified from further consideration.
E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration.
After receipt of all proposals and prior to the determination of the award, the City may initiate
discussions with one or more offerors should clarification or negotiation be necessary. Offerors may
also be required to make an oral presentation and/or product demonstration to clarify their RFP
response or to further define their offer. In either case, offerors should be prepared to send qualified
personnel to Milton, Georgia to discuss technical and contractual aspects of the proposal. Oral
presentations and product demonstrations, if requested, shall be at the offeror's expense.
F. Best and Final Offer.
The "Best and Final Offer" is an option available to the City under the RFP process which permits
the City to request a "best and final offer" from one or more offerors if additional information is
required to make a final decision. Offerors may be contacted asking that they submit their "best and
final offer;' which must include any and all discussed and/or negotiated changes. The City reserves
the right to request a "best and final offer" for this RFP, if any, based on price/cost alone.
G. Evaluation Committee Recommendation for Contract Award.
The evaluation committee will provide a written recommendation for contract award.
H. Request for Documents Notice.
Upon concurrence with the evaluation committee's recommendation for contract award, the
Procurement officer may issue a "Request for Documents Notice" to the highest scoring offeror to
obtain the required insurance documents, contract performance security, and any other necessary
documents. Receipt of the "Request for Documents Notice' does not constitute a contract and no
work may begin until a contract signed by all parties is in place.
I. Contract Negotiation.
The procurement officer and/or city department representatives may begin contract negotiation with
the responsive and responsible offeror whose proposal achieves the highest score and is,
therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest
scoring offeror fails to provide necessary documents or information in a timely mariner, or fails to
negotiate in good faith, the City may terminate negotiations and begin negotiations with the next
highest scoring offeror.
J. Contract Award.
Contract award, if any, will be made to the highest scoring offeror who provides all required
documents and successfully completes contract negotiation.
2.4 RIGHTS RESERVED
While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no
way constitutes a commitment by the City of Milton to award and execute a contract. Upon a
determination such actions would be in its best interest, the City, in its sole discretion, reserves the right
to:
1. Cancel or terminate this RFP,
2. Reject any or all proposals received in response to this RFP,
3. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not
have significant impact on any proposal,
4. Not award if it is in the best interest of the City riot to proceed with contract execution; or
5. If awarded, terminate any contract in accordance with the terms and conditions of the contract if
the City determines adequate funds are not available.
SECTION 3: SCOPE OF PROJECT
3.0 PROJECT SCOPE
Location Map
The following tasks shall be included in the scope of work:
GENERAL
1. It shall be the Consultant's responsibility to design, prepare, assemble and coordinate
the necessary documents to complete the project. The completed design must comply
with all applicable local, state, and federal environmental laws and regulations.
2. Although no federal funding is anticipated on this project, the city will generally follow the
Georgia Department of Transportation's Plan Development Process. The design must
comply with the latest Americans with Disabilities Act (ADA) requirements and the
Georgia Department of Transportation's Standard Specifications for the preparation of
roadway construction plans.
3. At a minimum, the following standards shall be utilized for the project,
a. Georgia Department of Transportation (GDOT) Design Policy Manual (current
edition), and applicable addenda.
b. Georgia Department of Transportation (GDOT) Standards and Specifications
(current edition), and applicable addenda.
c. AASHTO Standards, latest edition and applicable addenda. including Design of
Pavement Structures, Policy on Geometric Design of Highways and Streets,
Roadside Design Guide, and applicable addenda.
d. Manual on Uniform traffic Control Devices (MUTCD) Current edition, and applicable
errata.
e. Federal Highway Administration Roundabouls: An Informational Guide, current
edition, and all applicable addenda.
City of Milton Development Regulations.
SPECIFIC SCOPE OF SERVICES
The consultant should provide a complete set of concept plans for this project. The
engineering/design items include, but are not limited to, the following:
The City of Milton (City), is seeking the services of a professional engineering consultant to
conduct an engineering and feasibility study to develop alternative concepts for the proposed
intersection improvements at Hopewell Road and Birmingham Road.
The goal of this planning project is to assess the transportation impacts of various intersection
improvement alternatives, determine the preferred location for the improvement, conduct a survey
of the corridor, prepare mapping, identify environmental impacts and permits required to construct
the project and prepare concept plans for three alternatives. The concept plans need to include
design features that would be aesthetically pleasing and complement area and to develop in a
way that is physically possible and cost effective. The costs to design and construct each concept
as well as acquire property need to be estimated.
The work program and study outline consists of following tasks:
Task 1: Data Collection
Collect the base data needed to analyze existing conditions and determine general travel
characteristics in the vicinity of the intersection. The data to be collected or obtained either
through field surveys or from existing data files includes:
a. Average Daily Traffic (ADTs) volumes — Hopewell Road and Birmingham Road,
b. Turning movement counts (peak hour and daily),
c. Accident experience (within the past 5 years),
d. Pedestrian features and facilities as proposed in the City of Milton Trail Master
Plan (crosswalks, pedestrian actuated signals and sidewalks),
e. Trip generation rates for area generators,
f. Environmental data.
Task 2: Property Research
Perforin the property records search of the affected property and obtain the following information:
a. Property address,
b. Property record volume and page or map/block/lot reference (as applicable),
c. Owner's name and mailing address,
d. Photocopy of the current Deed,
e. Photocopy of any easements, rights-of-way or boundary agreements
encumbering the property referenced in the current Deed,
f. Photocopy of any maps referenced in the current Deed.
Task 3: Property and Topographical Survey Mapping
Provide a field run survey to facilitate the evaluation intersection improvement. All information will
be collected by a field run survey and shall be sufficient to describe approximately 1,000 feet of
right-of-way (measured from the center of the intersection) along all legs of the intersection. The
project limits will be considered to be the entire width of the right-of-way, plus a minimum of 25
feet on each side.
The survey database shall include, at a minimum, the following information:
a. Right-of-way location,
b. All improvements within the project limits, including, but not limited to edge of
pavement, utilities, sidewalk, drainage structures, curb and gutter, etc....,
c. All drainage structures within the project limits. At a minimum identify the pipe
size, pipe material, upstream and downstream inverts, end treatments (end of
pipe, headwall, etc,..).
d. Adjacent property owners and property boundary locations,
e- The character and location of all walls, fences, buildings, poles, and other visible
improvements within the project or within twenty-five feet of the project,
f. Driveways, alleys or other means of access on or crossing the project or within
twenty-five feet of the project,
g. Substantial, visible improvements (in addition to buildings) such as billboards,
signs, parking structures, swimming pools, etc...,
h. Topographic survey with a minimum of 2 foot topographic contour intervals.
Contours shall extend a minimum of twenty-five feet beyond the project limits,
i. Provide spot elevations at all critical points such as drainage breaks, high points,
low points, edge of pavement etc...,
j. Location and type of all overhead and underground utilities within the project
limits which may include, but not be limited to, all manholes, catch basins, valve
vaults or other surface indications of subterranean uses.
k. Ponds, lakes, springs, defined drainage channels or rivers bordering, running
through or within twenty-five feet of the promises being surveyed shall be shown,
I. The location of any specimen tree within 100 feet of the project limits. Specimen
trees will include any beech or magnolia or walnut tree 24" dbh or greater, any
other hardwood or pine 27"dbh or greater and any dogwood, redbud or sourwood
8" dbh or greater. Call out tree type, size and show location.
Provide digital files of survey (DWG format tied to state plane coordinates and including
Benchmark data and datum information) and 3 hard copies of survey signed and sealed by a
professional land surveyor licensed and qualified to do business in the State of Georgia.
The consultant shall be required to notify all property owners, in writing, of the impending surveys,
prior to starting any surveying activities on their property. A copy of the notification shall be
provided to the city. The notification letter shall contain, at a minimum, the following information:
a. A brief project description.
b. The property owners name and address on the notification letter,
c. The Company names of the consultant and sub -consultants that will be in the
field conducting the surveys or testing,
d. The Georgia Law, Code 32-2-2(g) which regulates the entry of private property
by the GDOT,
e. The correct contact name and phone number of the consultant or sub consultant,
I. The correct contact name and phone number of the Liaison Engineer for
questions about the project.
All coordinates are to be on the specified State Plane, Georgia Coordinate System of 1985 - NAD
83/94 adjustment. All vertical traverses shall use the North American Vertical Datum (NAVD) of
1988.
The City of Milton can provide the following information in support of the survey work:
a. 2 -foot aerial topography,
b. 2010 aerial photography,
c. Boundary and 2 -foot topographic survey for the property located at 15690
Hopewell Road (northwest corner of the intersection).
Task 4: Traffic Operations and Safety Assessment
The data collected under Task 1 will be tabulated, surnmarized, analyzed, and assessed to
identify base conditions and existing traffic operations. Analyses will include, but not limited to,
intersection level of service calculations (overall and each direction), determination of roadway
capacity, vehicular and pedestrian safety problems, and operating speeds and delay. Future
(build year) traffic volumes, patterns and operating conditions will be calculated and compared
with base year metrics. The assessment of traffic operations in the area will also include an
estimation and simulation of traffic patterns based on the future project of traffic growth in the
area. This task shall include a site distance evaluation for all legs of the existing and proposed
intersection.
Task 5: Develop Improvement Scenarios
Based on the results of the traffic and safety assessment, at least three (3) possible scenarios for
improving the intersection will be developed. Traffic flows will be developed based on the
realignment scenario and intersection levels of service. Traffic modeling of the proposed
scenarios may include, but not be limited to, a traffic signal warrant analysis and a roundabout
analysis. The concept plans need to address possible relocation of underground utilities and any
utilities that may need to be shifted to the new right-of-way for the road.
Task 6: Prepare Study Report and Concept Plans
Prepare a schematic plan for the proposed intersection improvement that meets the project
design objectives. The concept plan will include:
a. Layout of the concept plans at a scale of 1" = 40',
b. Typical cross section, including pedestrian and bicycle elements;
c. 3-D visualization and simulation;
d. Estimate property acquisition, including both partial and full property takes, and
right-of-way costs;
e. Estimate design and construction costs;
L Traffic impact analysis of proposed concepts.
Task 7: Public Outreach
The project study will include a public outreach effort that will adhere to the principles of a Context
Sensitive Solutions approach. It will include a public information meeting, survey/comment cards
for the public meeting and the city's website, and project information, documents and plans for the
project website. The public will be provided an on-going opportunity to provide input and comment
on the project and concept alternatives.
During the study, the following outreach efforts will be conducted:
A public information meeting will be held to present all concept alternatives. The consultant will be
required to attend and participate in the public information meeting; provide update and
information regarding the study for posting on the city's website with clear links to any reports and
documents prepared during the study as well as a way to comment on the study.
Task 8: Final Report and Public Presentation
A final report will be prepared by the Consultant and reviewed and approved by the City. The final
report will be a synthesis of the data collection, analyses, assessments, public input and
recommendations. Based on all of the information acquired during this process the Consultant
shall provide a recommended alternative.
Work Products
a. Technical Memoranda Summarizes the Data Collection
b. Traffic Impact and Safety Assessment Report
c. Improvement Scenarios Report
d. Project Boundary and Topographic Survey
o, Concept Plans
f. Public Outreach Findings Report
g. Final Feasibility Study and Recommended Alternative
SECTION 4: OFFEROR QUALIFICATIONS
4.0 CITY'S RIGHT TO INVESTIGATE
The City may make such investigations as deemed necessary to determine the ability of the offeror to
provide the supplies and/or perform the services specified.
4.1 OFFEROR INFORMATIONAL REQUIREMENTS
Firms interested in providing the services described in this RFP should be able to demonstrate
experience in the areas described in Section 3.
SECTION 5: COST PROPOSAL
r Y . City of Milton
A
One (t) original and two (2) copies shall be submitted in a separate sealed envelope before the required
deadline. The offerors cost proposal shall be signed by an authorized agent of the company. There
is no maximum page limit to section 5.0.
The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents,
the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the
work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work;
Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to
perform all work necessary to the successful completion of the contract; and to supply all required submittals as
indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total
contract price of:
Total Price
Print Total Price in Words
PrintiType Company Name Here:
Authorized
Print/Type
Print/Type
SECTION 6: EVALUATION CRITERIA
6.0 EVALUATION CRITERIA
The evaluation committee will review and evaluate the offers according to the following criteria:
• A selection team for the City will initially evaluate and score all technical proposals received.
• Proposals not meeting the rninimum technical requirements and those who are non-
responsive will riot be considered.
• Cost Proposals will be reviewed after the technical review process.
Proposal Evaluation Criteria
• References 20%
• Background and Related Project Experience 30%
• Work Plan 20%
• Price (Section 5.0) 30%
SECTION 7: STANDARD CONTRACT INFORMATION
7.0 STANDARD CONTRACT
The City's standard contract is attached to this document as Appendix A. Offerors should notify the City
of any terms within the standard contract that either preclude there from responding to the RFP or add
unnecessary cost. This notification must be made by the deadline for receipt of written/e-mailed
questions or with the offeror's RFP response. Any requests for material, substantive, important
exceptions to the standard contract will be addressed in any formal written addendum issued by the
procurement officer in charge of the solicitation. The City reserves the right to address any non-
material, minor, insubstantial exceptions to the standard contract with the highest scoring offeror at the
time of contract negotiation.
7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS
This RFP and any addenda, the offeror's RFP response, including any amendments, a best and final offer,
any clarification question responses, and any negotiations shall be included in any resulting
contract. The City's standard contract, attached as Appendix A, contains the contract terns and
conditions which will form the basis of any contract negotiated between the City and the highest scoring
offeror. The contract language contained in Appendix A does not define the total extent of the contract
language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the
parties under this contract, the contract, along with any attachments prepared by the City, will govern in the
same order of precedence as listed in the contract.
7.2 SUBCONTRACTORS
The highest scoring offeror will be the prime consultant if a contract is awarded and shall be
responsible, in total, for all work of any subcontractors. All subcontractors, it any, must be listed in the
proposal. The City reserves the right to approve all subcontractors. The Consultant shall be responsible to
the City for the acts and omissions of all subcontractors or agents and of persons directly or indirectly
employed by such subcontractors, and for the acts and omissions of persons employed directly by the
Consultant. Further, nothing contained within this document or any contract documents created as a
result of any contract awards derived from this RFP shall create any contractual relationships between
any subcontractor and the City.
7.3 GENERAL INSURANCE REQUIREMENTS
See sample contract.
7.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT
The Consultant is required to supply the City of Milton with proof of compliance with the Workers'
Compensation Act while performing work for the City. Neither the Consultant nor its employees are
employees of the City. The proof of insurance/exemption must be received by the City of Milton within
10 working days of the Request for Documents Notice and must be kept current for the entire term of the
contract.
CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED
DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME.
7.5 COMPLIANCE WITH LAWS
The Consultant must, in performance of work under this contract, fully comply with all applicable
federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age
Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the
Rehabilitation Act of 1973. Any subletting or subcontracting by the Consultant subjects subcontractors to
the same provision. The Consultant agrees that the hiring of persons to perforin the contract will be made
on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion,
creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons
performing the contract.
7.6 CONTRACT TERMINATION
See sample contract.
APPENDIX A: STANDARD CONTRACT
INCLUDED FOR REFERENCE ONLY
City reserves the right to make changes to this contract
PROFESSIONAL SERVICES AGREEMENT
12•PW4
This Agreement made and entered into this _ day of _ in the year 2012, by and
._...._.__._-__.—
between The City of Milton, Georgia (sometimes referred to herein as the "City'), having its principle place
of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and XXXXX ("Consultant) having
its principle place of business at XXXXXX.
WHEREAS, the City issued a Request for Proposals (12-PW4 XXXXX), to solicit firms to provide
pavement evaluations and recommendations; and
WHEREAS, based upon Consultant's bid to provide XXXX services as required by the bid
documents, the City has selected Consultant as the winning bidder; and
WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement, according to the
terms and conditions provided in this Agreement; and
WHEREAS, Consultant 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 Consultant is aware that he must be ficensed to do business in the State of Georgia.
NOW THEREFORE, the City and Consultant in consideration of the mutual promises contained herein
and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as
follows:
1.0 Contract Documents
This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference,
constitute the 'Contract Documents'.
EXHIBiT A SCOPE OF WORIUREQUEST FOR PROPOSAL
EXHIBIT B FEE SCHEDULEiRESPONSE TO RFP
EXHIBIT C INSURANCE CERTIFICATE
EXHIBIT D CONSULTANT AFFIDAVIT
EXHIBIT E SUBCONSULTANT AFFIDAVIT
EXHIBIT F SAVE AFFIDAVIT
To the extent that there may be any conflict among the Contract Documents, the provision operating most
to the benefit of the City shall govern.
2.0 Scope of Work; Compensation
2.1 The Consultant agrees to provide all Services specified in Exhibit 'A." In addition to the tasks required
by Exhibit "A" the Consultant shall provide a XXXXX. No payments will be made for unauthorized work.
Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval.
Payment will be sent to the designated address by U. S, Mail only; payment will not be hand -delivered -
2.2 City agrees to pay Consultant for the services performed arid costs incurred by Consultant upon the
City's certification that the services were actually performed and costs actually incurred in accordance with
this Agreernent. Compensation for services performed and, it applicable, reimbursement for costs incurred
shall be paid to Consultant upon the City's receipt arid approval of an invoice, submitted upon completion
of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges
incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in
any case, exceed a fee of XXXXX (the "Contract Price'), without prior written approval from the City,
Consultant shall take no calculated risk in the performance of the Work. Specifically. Consultant agrees
that in the event it cannot perforin the Work within the budgetary limitations established without
disregarding sound principles of Consultant's industry, Consultant will give written notice thereof
immediately to the City.
2.3 The City reserves the right to order changes in the Work to be performed under this Agreement by
altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change
orders executed by the Consultant and the City. Such change orders shall specify the changes ordered
and any necessary adjustment of compensation and completion time. If the Parties cannot reach an
agreement on the terms for performing the changed work within a reasonable time to avoid delay or other
unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to
determine reasonable terms and the Consultant shall proceed with the changed work.
2.4 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 duty executed on behalf of the City and the
Consultant.
2.5 The City Manager has authority to execute without further action of the Miller) 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 $5,000, must be approved by resolution of the Milton City Council,
3.0 Independent Contractor
3.1. The Consultant is an independent Contractor_ The Consultant is not an employee. agent or
representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's
expense, all permits, licenses or approvals that may be necessary for the performance of the services.
3.2 Inasmuch as the City of Milton and the Consultant are entities 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 parities hereto. The
Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any
employee of the Consultant 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 Consultant shall assume full liability
for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the
express knowledge and prior written consent of the City.
4.0 indemnification
The Consultant covenants and agrees to take and assume all responsibility for the services rendered in
connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly
resulting to it on account of the performance or character of the services rendered pursuant to this
Agreement. Consultant shall defend indemnify and hold harmless the City, its officers, boards,
commissions, elected 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 tortious conduct arising out of the Work, performance
of contracted services, or operations by the Consultant. any sub -consultant, anyone directly or indirectly
employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant
may be liable, regardless of whether or not the offending act is caused in part by a party indemnified
hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right
or obligation of indemnity which would otherwise exist as to any party or person described in this provision,
in any and all claims against the City or any of its agents or employees, by any employee of the
Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant
or anyone for whose acts the Consultant or sub -consultant may be liable, the indemnification obligation set
forth in this provision shall not be limited in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or
workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to
indemnify and defend the City, its mernbers, officers. agents, employees and volunteers shall survive
termination of this Agreement.
5.0 Insurance
(!)Requirements:
The Consultant shall have and maintain in full force and effect for the duration of this Agreement,
insurance insuring against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the Work by the Consultant, its agents, representatives, employees or
sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These
requirements are subject to amendment or waiver it so approved in writing by the City Manager.
(2)Minimum Limits of insurance:
Consultant shall maintain limits no less than:
(a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and
personal injury, sickness, disease or death, injury to or destruction of property, including loss of
use resulting 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 Consultant's errors, omissions, or negligent acts.
(d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of
$1,000,000 per accident.
(3)Deductibles and Self -Insured Retentions:
Any deductibles or self insured retentions must be declared to and approved by the City.
(4)Other Insurance Provisions:
The policy is to contain, or be endorsed to contain, the following provisions:
(a)General Liability and Automobile Liability Coverage.
(!) The City, its officials, employees, agents and volunteers are to be covered as insured as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and
completed operations of the Consultant; premises owned, leased, or used by the Consultant;
automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its officials, employees, agents or
volunteers.
(ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to
any other insurance or self-insurance available to the City, its officials, employees, agents or
volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or
volunteers shall be excess of the Consultants insurance and shall not contribute with it.
(iii) Any failure to comply with reporting provisions of the policies shall riot affect coverage provided to
the City, its officials, employees, agents or volunteers.
(iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to
policy limits. There shall be no cross liability exclusion.
(vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees,
agents and volunteers for losses arising from work performed by the Consultant for the City.
(vii) All endorsements to policies shall be executed by an authorized representative of the insurer.
(b)Workers' Compensation Coverage.
The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents
and volunteers for losses arising from work performed by the Consultant for the City.
(c)AII 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.
(iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by
the Consultant under the terms of this Agreement, including but not limited to Section 4 of this
Agreement.
(5)Acceptability of insurers:
Insurance is to be placed with insurers with an A.M. Oests'rating of no less than A:Vll.
(6)1/erification of Coverage:
Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing
coverage required by this clause prior to the start of work. The certificates of insurance and endorsements
for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its
behalf. The certificate of insurance and endorsements shall be on a forn> utilized by Consultant's insurer in
its normal course of business and shall be received and approved by the City prior to execution of this
Agreement by the City. The City reserves the right to require complete, certified copies of all required
insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been
renewed or replaced at least two (2) weeks prior to the expiration of the coverage.
(7) Sub-consultants:
Consultant shall include all sub-consuftants as insured under its policies or shall furnish separate
certificates and endorsements for each sub-consultant All coverage for sub-consultants shall be subject to
all of the requirements stated in this Agreement, including but not limited to naming the parties as
additional insured.
(8)Claims-Made Policies:
Consultant shall extend any claims-made insurance policy for at least six (6) years after termination or final
payment under the Agreement, whichever is later.
(9)City as Additional Insured and Loss Payee:
The City shall be named as an additional insured and loss payee on all policies required by this
Agreement.
6.0 Term; Termination
The term of this Agreement shall be from April 10, 2012 and shall terminate absolutely and without further
obligation on the part of the City on December 31, 2012, provided that this Agreement, absent written
notice of non-renewal provided by the City to Consultant at least thirty (30) days prior to December 31,
2012, shall automatically renew on January 1, 2013 to April 1, 2013. The City may terminate this
Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent
failure to cure such breach within fifteen (15) days of receipt rom the City of a written notice of the breach.
The City may terminate this Agreement for convenience by providing at least thirty (30) days prior written
notice of such termination to Consultant. Title to any supplies, materials, equipment, or other personal
property shall remain in the Consultant until fully paid by the City.
7.0 Compliance with All Laws and Licenses
The Consultant must obtain all necessary licenses and comply with local, state and federal requirements.
The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its
performance under this Agreement.
8.0 Assignment
The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of
Milton's prior written consent.
9.0 Amendments in Writing
No amendments to this Agreement shall be effective unless it is in writing and signed by duty authorized
representatives of the parties.
10.OExpertise of Consultant
Consultant accepts the relationship of trust and confidence established between it and the City,
recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with
the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of
the timely and competent completion of the Work undertaken by Consultant under this Agreement.
11.OGoveming Law
This Agreement shall be governed in all respects by the laws of the State of Georgia.
12.0lnterpretation of Documents
In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the
provisions most favorable to the City shall govern.
13.OEntire Agreement
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter
contained herein; all prior agreements, representations, statements, negotiations, and undertakings are
suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained
herein.
14.0 Waiver of Agreement
The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not
be construed as a general waiver of any future breach or default.
15.OSovereign Immunity
Nothing contained in this Agreement shalt be construed to be a waiver of the City's sovereign immunity or
any individual's qualified good faith or official immunities.
16.0Notices
All other notices. writings or correspondence as required by this Agreement shall be in writing and shall be
deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the
postmark date when mailed by certified mail, postage prepaid. return receipt requested, or (3) upon actual
delivery when sent via national overnight commercial carrier to the Parties at the addresses given below,
unless a substitute address shall first be furnished to the other Parties by written notice in accordance
herewith:
NOTICE TO THE CITY shall be sent to.
City Manager
City of Millen
13000 Deerfield Parkway, Suite 107F
Millon, Georgia 30004
NOTICE TO THE CONSULTANT shall be sent to:
Attn:
17.0No Personal Liability
No member, official or employee of the City shall be personally liable to the Consultant or any successor in
interest in the event of any default or breach by the City or for any amount which may become due to the
Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultants
performance of services under this Agreement shall riot subject Consultant's individual employees, officers
or directors to any personal liability. The Parties agree that their sole and exclusive remedy claim,
demand or suit shall be directed andror asserted only against Consultant or the City, respectively, and not
against any employee, officer, director, or elected or appointed official.
18.0 Employment of Unauthorized Aliens Prohibited
(1) E- Verify Affidavits
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 Consultant shall provide
evidence on City -provided forms, attached hereto as Exhibits "D" and "E" that it and Consultant's sub -
consultants 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 Consultant's and Consultant's subcontractors' verification process to
determine that the verification was correct and complete. The Consultant 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 Consultant or Consultant's sub -Consultant employ unauthorized aliens on City contracts. By
entering into a contract with the City, the Consultant and Consultant'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 Consultant or Consultant's sub -consultant are found to have
employed an unauthorized alien, the City Manager or hisiher designee may order the Consultant to
terminate or require its sub -Consultant to terminate that person's employment immediately and to report
same to the Department of Homeland Security. The Consultant's failure to terminate the employee, or
otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the
Consultant 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.
Consultant agrees that, in the event the Consultant employs or contracts with any sub-consultant(s) in
connection with this Agreement, the Consultant will secure frorn the sub-consultant(s) such sub -consultant
(s) indication of the above employee -number category that is applicable to the subcontractor.
Consultant'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 consultant's affidavit attached as Exhibit "D."
The above requirements shall be in addition to the requirements of State and federal law, and shalt be
construed to be in conformity with those Iaw5.
(2) SAVE Affidavit and Secure Verifiable Document
Pursuant to O.C.G.A. § 50-36-11 the City must obtain a SAVE Affidavit and a secure and verifiable
document evidencing the Consultant's legal status in the Country each time that Consultant obtains a
public benefit, including any contract, from the City. Consultant hereby verities that it has, prior to
executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of
false swearing pursuant to O.C.G-A. § 16-10-71), a loris of which is attached hereto as Exhibit T, and
submitted such affidavit to the City in person, electronically or by mail. Further, Consultant verities that it
has, prior to executing this Agreement, submitted a secure and verifiable document. evidencing the
Consultant's legal status, to the City either in person or electronically (in compliance with tho Uniform
Electronic Transactions Act). Consultant verities that it is in compliance with the Residency Status of an
Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act
(O.C.G.A. § 50-36-1).
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_
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly
authorized officers as of the day and year set forth next to each signature.
[SIGNATURE ON THE FOLLOWING PAGE]
m
Its: President & CEO
[AFFIX CORPORATE SEAL]
SIGNED, SEALED, AND DELIVERED
in the presence of.,
Witness
Notary Public
[NOTARY SEAL]
My Commission Expires:
CITYOF MILTON:
Its
_.............
[CITY SEA[]
EXHIBIT "A"
SCOPE OF WORK;REOUEST FOR PROPOSAL
EXHIBIT "B"
FEE SCHEDULEiRESPONSE TO RFP
EXHIBIT "C"
INSURANCE CERTIFICATE
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "D"
CONSULTANT AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned Consultant 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. Consultant 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 'E." Consultant 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
Title of Authorized Officer or Agent of Consultant
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS rHE
_ DAY OF 201_
Notary Public
My Commission Expires:
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "E"
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91.
stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of
services under a contract with XXXXXXX on behalf of the City of Milton has registered with and is participating in
a federal work authorization program, in accordance with the applicability provisions and deadlines established in
O.C.G.A. § 13-10-91.
EEV 1 Basic Pilot Program User Identification Number
BY: Authorized Officer or Agent Date
Subcontractor Name
I ilto of Authorized Officer or Agent of Subcontractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
DAV OF _.__...,,._-------,201—
Notary
.____,201_
Notary Public
My Commission Expires:
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "F"
SAVE AFFIDAVIT
By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A.
§ 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my
application for a public benefit
1) 1 am a United States citizen.
2) I am a legal permanent resident of the United States.
3) 1 am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an
alien number issued by the Department of Homeland Security or other federal immigration agency.
My alien number issued by the Department of Homeland Security or other federal immigration agency
The undersigned applicant also hereby verities that he or she is 18 years of age or older and has provided at least
one secure and verifiable document, as required by O. C. G.A.
§ 50-36-1(e)(1). with this affidavit.
The secure and verifiable document provided with this affidavit can best be classified as:
In making the above representation under oath, I understand that any person who knowingly and willfully makes a
false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. §
16-10-20, and face criminal penalties as allowed by such criminal statute.
Executed in
Signature of Applicant
Printed Name of Applicant
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
DAY OF , 20____
NOTARY PUBLIC
My Commission Expires:
(city),
''I `City of Milton
ACKNOWLEDGEMENT
RECEIPT OF ADDENDUM #1
RFP 12-PW4
Upon receipt of documents, please email, fax or mail this page to:
City of Milton
Attn: Rick Pearce, Purchasing Office
13000 Deerfield Pkw_v
Suite 107E
Milton, CA 30004
Phone: 678-242-2511
Fax: 678-242-2499
Email: rick.uearceL citvofiniltonga.us
I hereby acknowledge receipt of documents pertaining to the above referenced CTB.
COMPANY NAME:
CONTACT PERSON:
ADDRESS:
CITY: S'rATF.: ZIP:
PHONE: FAX:
EMAIL ADDRESS:
Signature Date
ADDENDUM #1
ADDENDUM #1
RFP 12-PW4
Questions and Ans%%ers
Does the City anticipate moving forward into the design phase with the selected consultant or
Will the City need to Solicit bids for subsequent phases?
It trill depend on the recornmeoded solrttion. The city Unit Contract directlv for profvssionai
services up to a maximum fec of 30,000 dollars. Above that cap the cit.° would need to
solicit hills.
Are executed "Consultant Affidavit and Agreement', "Subcontractor Affidavit' or';SAVIi
Affidavit" required in the proposal?
Do items outside of the "Technical Proposal" count towards the 20 -page limit, including the City
of (Milton cover page, disclosure form, and proposal letter. cost proposal, pricing,,., and fee
information, addenda acknowledgement forms, table of contents, covers, tubs and conceptual
layouts`'
Are t I X P sheets allowed for the couceptuat layouts and will they count as one-page?
y't's
What specific information is required for the Cost Proposal?
thdv the Cost Proposal Form pro4ided in Section 5 is ref tuired
Are subs also required to execute the Cost Proposal form?
No, all sub -consultant pricio;- should be included in the print.rrc Comsuhauts bid propo*al,
Project Scope. Specifically, on Task 3 for Property and Topographical Survey Mapping, it asks
for the consultant "to notify all property owners, in writing, of the umpending surveys, prion to
starting any surveying activities on their property. A copy of the notification shall he provided to
the city and Shoutd contain, at a minimum, the following...". Do we need to provide this
information with the proposal. or only if the work is awarded to our team?
'I his %t Ill only he required br the salecle.d carsoliamt prior to Iwginnio" .oris.
ADDENDUNI #t
RPP 12-PW4
Questions and Ansn eras
Compliance with Workers' Compensation Act, are we to supply proof of compliance in the
response. or only if we're awarded this work?
Isis Will out} be required b) thesclected consuhnot.
Appendix A — Sample Contract, it states in Section 5.0 Insurance, that consultant should provide
certificates of insurance evidencing coverage prior to the start or work. Again, do we Hood to
provide that in the response or at a later time?
This will only he repaired by the selected consti lana,
On p. 33 of the RFP, it lists Exhibits A, ti, & C. Are there exhibit forms that accompany these, or
are theyjust referring to sections of the proposal'? If so, Exhibit C states Insurance Certificate —
(toes that cover our proof of insurance?
hese are part of thesatmpie contract and %%iA ord) he roptired by the selected consultant,
Can it be assumed that waiver of the "City as Addidowtl insured" requirement (section 5.0 (9))
for the Professional Liability and Workers' Compensation policies is a revision to the agreement
Unit the City will approve, since such status In the City is not available as part of standard PLI
and Workers' Comp. policies''
ym
Ntay we also assume the intent or section 5 is not to reldre wholesale restructuring of existing
insurance programs once the coverage limits, categories of insurance and primary standard
policy provisions are met in a responder's insurance policies?
The (Annuitant is rtvluired to maintain the types and ataouut< of coverages listed in
Section 5.
In a similar vein, can it be assumed that the requirement for all policies to include endorsement
incorporating the indemnification obligations of section d be waived. or preferably, that section
Tr) itself might be revised so that obligations included in such an amended indemnification
section may be covered by liability policies currently available to the ME. industry?
Ile rupircrnents ol'Svclb)n Of are our standard contract requirements and should be
viewed as a rcttuirement or the final contract; hovvevcr, it there is specific lauguage that
needs to be recieNved that may be done with the selected consultant at the tune the contraict
is to he mtaI (led. Them k no "'Ila intent tir<2t aIoy ImII)osed contract lingua+i,r wilt be
atrep#ed.
Exhibit "E3"
Response to RFP/Fee Proposal
a,
c- v "! "I'm ,,
No Text
CITY OF MILTON
City of Milton REQUEST FOR PROPOSAL''
r (THIS IS NOT AN -ORDER)
RFP Number:
12-PW4
RFP Title:
Concept Plan for Hopewell Road — Birmingham Road Intersection Improvements
Issue Date:
REP Due Date and Time:
April 20, 2012 P 2:00pm local time
March 19, 2012
ISSUING DEPARTMENT INFORMATION
Procurement Office Contact:
Issue Date:
Rick Pearce
March 19, 2012
City of Milton
Phone: 676-242-2500
13000 Deerfield Pkwy, Suite 107G
Fax: 676-242-2499
Milton, Ga. 30004
Website: www.cityofmIltonga.us
INSTRUCTIONS TO OFFERORS
Return Proposal to:
Mark Face of Envelope/Package:
City of Milton
Bid Number:12-PW4
Attn: Rick Pearce, Purchasing Office
Name of Company or Firm
13000 Deerfield Pkwy
Suite 107G
Deadline for Written Questions
April 6,2012_@ 5:OOPM
Email(pmferred) questions to Rick Pearce at
rick.oearce@cityofmiltonga.us or Fax
questions Attn: Rick Pearce at 673-242-2499
OFFERORS MUST COMPLETE
THE FOLLOWING
Offeror Name/Address:
Authorized Offeror Signatory:
Pond & Company
350D Parkway Lane, Suite 600
Norcross, Georgia 30092
Please print name and sign in Ink)
Offeror Phone Number:
Offeror FAX Number:
678.336.7740
678.336.7744
Offeror Federal I.D. Number:
Offeror E-mail Address:
58-1639128
Solicke@pondco.com
OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE
COVr. SHFIX
City of Milton
1 it
City of Milton
RFP# 12-PW4
PROPOSAL LETTER
(Bidder to sign and return with proposal)
We propose to furnish and deliver any and all of the deliverables and services named in the Request for
Proposal (RFP) - Concept Design for the Hopewell Road -Birmingham Road Intersection Improvements.
It is understood and agreed that we have read the City's specifications shown or referenced in the
RFP and that this proposal is made in accordance with the provisions of such specifications. By our written
signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City
specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the
specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities,
and to make an award in the best interest of the city.
PROPOSAL SIGNATURE AND CERTIFICATION
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 for
my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et.
seq. have not been violated and will not be violated in any respect.
Authorized Signature pato_ }/tetzoiz
Print/Type Name R. Brian soli«_,
PrinUl'ype Company Name Here Pond &
�r=1
City of Milton
CITY OF MILTON DISCLOSURE FORM
MUST BE RETURNED WITH BID
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 RFP package when it is submitted.
Name of Offeror Pond &
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 [tie 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.
Amounl/Value Description
N/A N/A
Please list any family member that is can eptly (or has been employed within the last 12 months) by the City of
Milton and your relation:
N/A N/A
.,
n
�_
0
0
Proposal Cover Page
Disclosure Form
Proposal Letter
Technical Proposal
a. Cover Letter
b. Work Plan
c. Related Projects
d. Background and Experience
e. References
f. Pricing
Appendix — Addendum Acknowledgement
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011AW1
A"J-i d'
rRDIR�'C(Y
April 20, 2012
City of Milton
Attn: Rick Pearce, Purchasing Office
13000 Deerfield Pkwy
Suite 107 G
Milton, GA 30004
".gond & comparly
3500 Parkway lane ( n Fi 7II.33G.%Id0
Swre600 0 bo].333/M
No, s, GA 313002 v,v, pondco_ran;
Rer Request for Proposal of Concept Plan for Hopewell Road — Birmingham Road Intersection
Improvements / RFP Number 12-PW4
Dear Mr. Pearce,
Pond & Company lPood) is pleased to submit the enclosed qualifications for the design of improvements at
the intersection of Hopewell Road and Birmingham Road. Pond is a Georgia Department of Transportation
and prequalified consulting firm with demonstrated experience in transportation planning and design for
numerous Cities and Counties in the Metro Atlanta area. Pond and our teaming partners have the project
experience and professional expertise to successfully complete this project on time and within budget.
Pond offers many benefits for this important work effort, including_
e FFxxperience viorkinR with Cities: Transportation experience with over 30 local city/county governments in
Georgia including Alpharetta, Johns Creek, Roswell, Atlanta, Sandy Springs, Chamblee, Hapeville, Lavonia,
Morrow, Riverdale, Rome and Sandy Springs; and for the Counties of Fulton, DeKalb, Cherokee, Cobb,
Forsyth and Gwinnett, to name a few.
Extensive backRrow3d in Innovative and Context Sensitive Desi ns; Our designers have prepared concepts
and designs utilizing innovative and context sensitive design solutions to maximize the value and benefits
of the improvements to both the Cities and the residents on numerous similar projects.
Experienced Proiec[ Leadership: As the proposed project manager, Ron Osterloh, P.E. has over.17 years of
design and management experience specializing in managing complex designs and developing context
sensitive solutions.
Multidiseioline Staff: Pond has on staff Traffic Engineers, Transportation Designers, and Landscape
Architects that will provide creative options for the design of this intersection.
Our team is excited about this Opportunity to provide the City of Sandy Springs with our professional services
for this innovative project, and we look forward to working together. Please do not hesitate to contact me at
678.336.7740 or OsterlohR@pondco.com for further information. Pond acknowledges receipt of Addendum
a1.
Sincerely,
POND & COMPANY
Ronald W. Osterloh, Pi-
Principal/Director of Transportation
{
O
IMat, ofA . Request for Proposal Number 12PW4 for Concept Plan for Hopewell Road — Birmingham Road mtersectlon improvements
b. Work Plan
The Pond feam is extremely well suited and uniquely qualified to provide all required engineering, permitting and other
professional services for the design of the Hopewell Road at Birmingham Road Intersection Project. Pond has developed
an area of expertise in the preparation of design and construction documents for similar projects that focus on defining
a cost effective and context sensitive design solution for intersection improvements. Pond will use its diverse team
members, including roadway designers, transportation
planners, and landscape architects to develop creative
alternatives so that the City can implement the best
design solution for the community.
Birmingham Road and Hopewell Road are moderately
traveled roads through many hours of the day and
become more heavily traveled during the AM and PM
peak hours. These roads serve as connectors between
the communities within the City of Milton. To help us
better understand the anticipated scope of these
intersection improvements, the Pond tears has
thoroughly investigated the project site. As a result,
we have identified three simplified alternatives that
Peak Hour Traffic Results in Some Queuing and Congestion
will allow the Pond design team to immediately begin discussion with the City regarding the concept phase of the
project. The following is a brief description of the potential alternatives, including some preliminary "pros" and "cons":
Alternative 1 - Turning Lanes (w/ signal if warranted): This alternative consists of the addition of left turn lanes on both
Birmingham Road and Hopewell Road. The Hopewell Road left turn lane will extend to Fossil Trace, providing back to
back left turn lanes. A signal warrant study will be conducted to determine if a signal is warranted. Sidewalks will be
added at the intersection to provide ADA compliance and crosswalks will be provided for crossing both roads.
Pros: Reduces potential for rear -end and angle collisions, improves intersection capacity, serves left turns along
Hopewell Road at both Birmingham Road and Fossil Trace.
Cons: Right-of-way may be required to provide area for turning lanes
Alternative2 - Multiway Stop Control: This alternative consists of the installation of multiway stop control at the
intersection (if warranted based on MUTCD criteria). Sidewalks and crosswalks will be added at the intersection to
provide ADA compliance and and to accommodate the future trail roadway crossing.
Pros: Reduces potential for angle collisions, improves intersection side street capacity.
Cons: Turning lanes are not provided and intersection delays may become significant.
Alternative 3 - Roundabout: This alternative consists of constructing a roundabout at the existing intersection of
Birmingham Road and Hopewell Road. This option would require minimal realignment of both of the approach roads. It
would not require signal warrants or additional auxiliary/left turn lanes. Roundabouts have been proven to be efficient
alternatives to signal installations, but the traffic and turning volumes will need to be evaluated.
Pros: Greatly improves intersection safety, improves traffic flow on all approaches without adding a traffic signal,
provides traffic calming as well as options for context sensitive designs.
Cons: Changes driver expectancy, will need to be verified to accommodate future traffic growth.
In addition to these three alternatives, once Pond has collected the traffic volumes and prepared the projections, Pond
will meet with the City to decide if there are any other options that might better suit the existing intersection. These
additional alternatives may include some non -conventional improvements such as continuous flow green tees, bypass
lanes or modified superstreet applications. Pond will develop a full matrix of the options categorizing the benefits and
impacts for each of the alternatives to help the City with the alternative evaluation. If done right, these improvements
h
can greatly improve intersection safety and operations while retaining the rural character of the area. Every effort will
be taken to reduce the need for Right of Way acquisition on this project, while still meeting current design and safety
standards. In addition to the right of way needed to improve the geometry at the existing intersection, it is likely that
other minor temporary construction easements will likely be needed. As part of an effort to reduce property costs, Pond
will evaluate the use of minor decorative retaining walls that will help reduce or eliminate additional right of ways or
easements. In addition to the reduction of property costs, minimizing impacts to the right of way will greatly expedite
the project schedule.
Several underground utilities are present at the intersection
Utilities are present throughout parts of this corridor, and
the relocation of some poles may be necessary. In
addition to utility poles, a water line is marked and power
service boxes are present, as can be seen in this photo.
Pond will coordinate with the utility facilities immediately
upon notice to proceed to ensure that utility relocation
does not negatively impact the construction cost or cause
delays in implementation.
Pond is aware that this project is not GOOF funded and
will utilize Its expertise to ensure that the projects meet
design and safety standards WITHOUT THE BURDEN OF
EXCESSIVE EXPENDITURES associated with other funding
sources. Pond has extensive experience developing
designs for non GDOT funded projects and understands
how to save both time and money in preparing design solutions for the users. Within the last 6 months, Pond has let for
construction non-GDOT funded projects in the City of Newnan, Cobb County and Gwinnett County and the bid prices
where approximately 30% to 35% lower than the estimated GDOT unit price costs.
Pond is aware that there is no federal or GDOT funding associated with the Birmingham Road at Hopewell Road
Intersection Improvements project; therefore, Pond will utilize its expertise to ensure that the projects meets design and
safety standards without the burden of excessive expenditures associated with COOT let projects. However, Pond will
utilize GDOT design criterea for the the basis of design and will coordinate with the City for any elements that would
typically require design exceptions or variances. Also, the plans will be prepared utilizing current GDOT electronic design
guidelines, including InRoads and Microstation VBi, as well as the Plan Presentation Guide. The proposed design will
meet, at a minirnum, the following industry design criteria:
• Georgia Department of Transportation (GDOT) Design Policy Manual
• GDOT Standards and Specifications
• Manual on Uniform Traffic Control Devices (MUTED)
• The Policy on Geometric Design of Highways and Streets (AASHTO)
• The Roadside Design Guide (AASHTO)
• Guide for Development of Bicycle Facilities (AASHTO)
• GDOT Pedestrian and Streetscape Design Guide
• The GDOT Drainage Design Manual
• Roundabouts, An Informational Guide (FHWA)
• City of Milton Development Regulations
Pond will work in a timely and efficient manner to complete this project expeditiously, as well as provide appropriate
coordination with the City of Milton. Resources and time must be balanced through all phases of the concept plan
development. Proper coordination will be necessary for the successful completion of this project and Pond has the staff
available to meet the project goals and commence immediately.
PON.J
WO ;3-4n;mrlpit?; ` Request for Proposal Number 12-PW4 (a Concept Plan lor Mopemll fivad — (Ormurgharn Road Intersection Improvements.
FYrL�7Z��I�tL�S.i:�i11♦ IuT_T31
Pond proposes to complete the scope of work indicated in the RFP to provide detailed concept plans to facilitate
implementation. Below is a summaryof tasks to be undertaken.
Task 1: Data Collection: Pond will collect traffic and crash data. An environmental screening will be performed early in
the study to allow this information to he used as input to the development of alternatives. Identification of utilities will
also be performed early in the concept development.
Task 1: Property Research: Pond will identify property lines, ownership, and easements/boundary agreements.
Task 3: Property and Topographic Survey Mapping: Pond will prepare a property and topographic survey to determine
physical features, utilities, property lines, and environmental features.
Task 4: Traffic Operations and Safety Assessment: Pond will prepare a traffic study to include level of service, capacity,
operational and safety concerns, operating speeds, and delay. Signal, roundabout, and multiway stop warrants will be
evaluated.
Task 5: Develop Improvement Scenarios: Pond will develop a minimum of three concepts for intersection
improvement. This will include signal or roundabout warrants or other items needed for project justification.
Task 6: Prepare Study Report and Concept Plans: The results of the traffic operations and safety assessment, along
with results for the improvements scenarios will be included in a concept report and plans.
Task 7: Public Involvement: Pond will initiate early and ongoing public involvement throughout the process to prepare
a concept in accordance with the Context Sensitive Solutions approach.
Task 8: Final Report and Public Presentation: Pond will prepare a concept report that is comprehensive, yet user
friendly to facilitate its use by the city staff and accessibility to the public.
Pond staff and our team of consultants has extensive experience preparing concept and detailed designs for intersection
improvements at locations similar to the Birmingham Road at Hopewell Road Intersection. We have prepared numerous
designs using the GDOT PDP and also have experience in providing additional efficiency when working on locally funded
projects. our combination of in-house transportation design, traffic engineering, and landscape architecture will employ
a cohesive, holistic approach to improving the intersection in a manner that is sensitive to the context of the area.
Providing concepts to improve the intersection and retain the context of the area will be a key challenge in the study
-TS
01 ltf 12F Request for Proposal Number-12-Pw4 for Concept Plan for Hopewell Road— Birmingham Road Intersection Improvements ,
SCHEDULE
Pond understands that the project schedule is an important factor in serving the citizens of Milton and an expedient and
timely schedule can define the success of this project. In Pond's experience working with the Cities, the ability to be able to
design and implement projects expeditiously is critical. The costs of construction and right of ways are currently at a relative
low and the longer it takes to implement the design, the more the project will cost. Also, Pond feels, that the quicker you
can implement designs the easier it is for the public and the adjacent residences to accept and support the project.
Because of this, Pond has developed a project team that can not only start on the project immediately, but has the
capabilities to expedite the design process.
Also, the extremely qualified design team that is presented in this proposal has more than adequate availability to
immediately start work on this project as well as commit to getting it done on time. Pond does not have any Georgia
Department of Transportation projects currently on hold, which could risk overwhelming the proposed staff once
these projects are reactivated.
The schedules below indicate the start and duration of the major tasks, as defined in the Request for Proposal. The total
project completion schedule from Notice to Proceed from the City of Milton to the presentation of the recommended
alternative is estimated at approximately five (S) months. 'The proposed schedule includes estimated review times for the
City of Milton.
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Lctkt!t?f W11mi Requestfor Proposal Number12•PW4 for Concept Planfor Hopewell Road-0irmingham Road Intersection Improvements''
c. Related Projects
FORSYTH COUNTY LOCAL INTERSECTION IMPROVEMENTS, VARIOUS LOCATIONS, GA—POND
This project consists of providing full design, right of way and r "ys1�
construction documents for 1R different locations throughout
Forsyth County, including numerous intersections on State
Routes. The improvements vary at each of the intersection.101111
These include safety and operational improvements as well as
drainage and capacity improvements, which are all fundedt
through the County's current SPLOST program. Traffic studies < *
have been conducted at each of the proposed intersection Eta
projects to help determine the scope of the improvements. An example of some of the improvements includes the
addition of turn lanes, the addition of signals, roadway realignments as well as intersection reconstruction to provide a
new round about (continuous flow intersection). [fie design scope includes vertical and horizontal layouts, traffic
studies, driveway profiles, drainage design, maintenance of traffic, erosion control as well as right of way plans.
Personnel Assigned to the project:
ROSWELL RD. (SR 9) PEDESTRIAN CROSSING & MEDIAN INSTALLATION FROM BELLE ISLE RD. TO MYSTIC DR., SANDY
SPRINGS, GA — POND
Pond examined pedestrian crossing needs along a section of Roswell Road (SR
9) experiencing high pedestrian activity. A heavily used bus route is present
along this section of SR 9, resulting in frequent pedestrian crossings to access
the bus stops, as well as for access to a community shopping center. Traffic
volumes are steady throughout the day, limiting the ability of pedestrians to
cross without stopping in the two-way left turn lane. Pond examined the
traffic and pedestrian crossing volumes and recommended installation of a
pedestrian hybrid beacon and median with landscaping to channel pedestrians
to designated crossing locations. The traffic study examined MUTCD warrants for pedestrian hybrid beacon installation
and provided documentation in a Traffic Engineering study for GDOT approval. Pond prepared a design concept and cost
estimates. Pond is beginning detailed design work on the median and pedestrian hybrid beacon. Personnel Assigned to
the project:
OLD MCEVER ROAD SAFETY & OPERATIONAL IMPROVEMENTS, COBB COUNTY DOT, COBB COUNTY, GA — POND
This project includes Safety and Operational Improvements to Old McEver
Road from Old Highway 41(Main Street) to New McEver Road, partially within
the City of Acworth limits. The improvements include sidewalk provisions
along Old McEver Road, along the entire roadway length, as well as
intersection improvements at both Main Street and New McEver Road. The
intersection improvements at Old McEver and Main Street consist of a the
addition of a new signal and turn lanes along Main Street and a slight
realignment to Old McEver Road to allow for additional storage. At the
intersection of Old McEver and New McEver, Old McEver Road will be
realigned provide a 90 degree intersection with New McEver Road. Also
included in the Safety and Operational Improvements is the reconfiguration of the existing parking lot adjacent to the
stop sign at the park entrance. Personnel Assigned to the project:
MARRIETTA BOULEVARD/MOORES MILL, ATLANTA QUALITY OF LIFE PROJECTS, CITY OF ATLANTA, GA —POND
Within the re -development of the Marietta Boulevard corridor, Pond is currently working on transportation design
packages. These improvements will enhance mobility, create safer intersections and pedestrian connectivity. Pond
utilized the guidance of an earlier LCI study and while addressing multiple access issues and coordinating directly with
major redevelopment projects. This $3,600,000 project includes Marietta / Bolton Intersection Improvements; Moores
FXX4D
M_1 JF .,}? Request for Proposal Number12-PWA for Concept Plan for Hopewell Road— Birmingham Road intersection Improvements
Mill Extension; Marietta Boulevard Streetscape; and Bolton Road Sidewalk and
intersection Improvements. This design includes elements of traffic signal,
utility relocation, right-of-way acquisition, storm drainage reconstruction,
access control, pedestrian connectivity and roadway widening. Personnel
Assigned to the project:
ON-CALL ENGINEERING SERVICES, PEACHTREE CITY, GA— POND
Pond was selected to provide on-call transportation engineering services for
the Peachtree City including: design services, traffic engineering, and bridge
inspection/engineering. Projects performed or soon to be underway include:
• Traffic analysis and design of intersection improvements at Crosstown Road
at South Peachtree Parkway
• Inspection of five pedestrian bridges
• Accident and Traffic Review and Intersection Improvement Concept
Evaluation for N. Peachtree Parkway at Tinsley Road and Loring Lane
• Signal warrant study for SR 74 at Baseball Soccer Complex Northern
Entrance
• Redwine Road at Robinson Road Intersection Improvements Concept
Pond has performed analysis of traffic conditions and provided options for a variety of concepts for the Crosstown Road
at South Peachtree Parkway intersection design including improved turning lanes, future signalized intersection, and a
potential conversion to a roundabout. Additional task orders related to intersection and roadway traffic operations and
design are anticipated. Personnel Assigned to the project: ..
NORTH INDIAN CREEK & MEMORIAL COLLEGE AVENUE INTERSECTION IMPROVEMENTS, CLARKSTON, GA— POND
This project Includes the improvements to two major intersections along North
Indian Creek Road. The improvements include relocating the two intersecting
streets to one intersection point along North Indian Creek Road. The project will _
improve the safety and operational characteristics of the 5 lane North Indian
Creek Road. The intersection is adjacent to four different schools. Vehicular and
pedestrian safety, minimizing ROW impacts and construction cost were major
factors associated with the design. The design scope is from conceptual through
final design and includes elements of roadway, ROW, traffic signal, utility{�,>
relocation, and hydraulic design. Personnel Assigned to the project:
F.
INTERSECTION IMPROVEMENTS — LAVISTA ROAD AT OAK GROVE ROAD/OAK GROVE DRIVE AND LAVISTA ROAD AT
FRAZIER ROAD/FAIR OAKS ROAD, DEKALB COUNTY PUBLIC WORKS, DEKALB COUNTY, GA—POND
The project improves the intersections of LaVista Road at Oak Grove Road/ Oak
Grove Drive and LaVista road at Frazier Road/ Fair Oaks Road. The
a u.
improvements at LaVista and Oak Grove include realigning the two intersecting,
side roads to meet at a common intersection, adding appropriate auxiliary lanes
at the new intersection approaches, improving existing safety conditions at the
intersection, improving traffic and pedestrian control, and adding sidewalk for a!
distance of 0.5 mile alongthe LaVista Road a
approaches. The LaVista at
Fraizer/Fair Oaks improvement project consists of roadway improvements that include reconfiguration of the existing
intersections to improve efficiency through new signal phasing and the addition of auxiliary lanes. The projects are a
combination of GDOT and local DeKalb County Bond Program funding. Both intersection improvements include the
addition of raised landscaped medians, bicycle friendly pavements, pedestrian lighting and shoulder landscaping.
Personnel Assigned to the project:
PON00
C:It!#tf WA", ,9i Rmuestfor Proposal Number 12.PW4 for concept Plan for Hopewell Road -airmingham Road intersection improvements
MASSEY AVENUE CORRIDOR IMPROVEMENTS, NAVAL AIR STATION MAYPORT, JACKSONVILLE, FL— POND
This high profile project for Naval Air Station Mayport in Jacksonville Florida �; S
i,
includes the widening and realignment of 1.5 miles of Massey Avenue. Massey
Avenue is one of the main arterials at NAS Mayport and it provides the tV'
f,r
station's key support facilities to the port. The existing 3 lane roadway, which is 1 �
immediately adjacent to the mouth of the St. Johns River, will be widened to a
4 lane divided boulevard. Therotosed roadway
p l y improvements have been ,r
designed to include bio -retention facilities as well as other major drainage : 5
improvements along the roadway corridor. Other improvements include
pedestrian facilities, including 3 mid—block crosswalks, roadway lighting,
landscaping and driveway consolidations. The new roadway will include two upgraded signals and the installation of an
additional signal, all with decorative mast arms to meet current base and rDOT standards. In addition to the Massey Ave
improvements, the project included upgrading the intersections of Maine Street and Moale Avenue as Well as Baltimore
Street and Moale Avenue. These improvements including adding auxiliary lanes and upgrading the existing signal and
conversion to a roundabout, respectively. Personnel Assigned to the project:
DUE WEST ROAD CORRIDOR IMPROVEMENTS, COBB COUNTY, GA—POND
The project consists of upgrades and redesign of three intersections along the
Due West Corridor as well as the addition of bicycle lanes along Due West Road.
The intersection upgrades include addition of turn lanes and access control and
the realignment of two intersecting roadway to consolidate to one proposed
intersection location. The project includes a traffic study of the project corridor
including elimination of one signal, new design of another signal and retiming
and additional signal head design of an existing signal. The length of the existing
Due West Road corridor is approximately 1 mile and the realignment of side
roads consists of approximately 0.25 miles of roadway length. In addition to the
traffic study and signal design, the project scope includes preparation of a
concept plan on county GIS, public involvement, Right of Way plans and construction drawings and bid documents. The
purpose of this project is to provide safety and operational improvements, and reduce traffic congestion. This project
makes corridor improvements on Due West Road/Acworth Due West Road from south of Old Hamilton Road to just
north of Burnt Hickory Road to the west. Personnel Assigned to the project: ..
EVES ROAD COMPLETE STREET, ROSWELL, GA—POND
This 1.6 mile section of Eves Road in Roswell is being transformed from a local
residential street into a complete street that provides all users including
motorists, pedestrians, and bike users of all ages and abilities a safer and more
complete transportation corridor. The new corridor will have bike lanes and a
multiuse path providing a complete transportation corridor. The corridor serves
numerous residential developments, a Post Office, and an elementary school.
These facilities will all be served better by the new Eves Road complete street.
Personnel Assigned to the project: ?•
GEORGIA INSTITUTE OF TECHNOLOGY — NORTH AVENUE PEDESTRIAN SAFETY PLAN, ATLANTA, GA — POND
Pond prepared a pedestrian safety plan for the Georgia Institute of Technology in conjunction with implementation of
their North Avenue Streetscape Master Plan. Pond, examined pedestrian traffic flows along and across North Avenue
and examined alternatives to enhance pedestrian safety. The analysis considered several potential improvements
including:
• Implementation of a Pedestrian Hybrid Beacon
• Installation of an all red pedestrian walk phase (pedestrian scramble) ��
ROW31
",{t', or 't Request for Proposal Numherl2-PW4 for. concept Plan for Hopewell Road— Birmingham Road Intersection lmprovem7
• Conversion of signalized left turns to protected only operation to reduce
pedestrian conflicts
• Implementation of advance pedestrian walk and/or no -right turn on red
at select locations
• Implementation of countdown pedestrian signal heads
• Reduction in the number of through lanes on North Avenue
• Signage modifications to enhance warning of pedestrian crossings
The Pedestrian Hybrid Beacon (HAWK) is being implemented at a midblock
crosswalk location. In addition, traffic signal phasing and operational
modifications are being implemented at the Williams Street Pond prepared the Pedestrian Safety Plan, prepared design
plans for improvements, and coordinated approval with the City of Atlanta and GDOT. Personnel Assigned to the
project:
WEST BROAD STREET REALIGNMENT, SUGAR HILL, GA—POND
The City of Sugar Hill is answering the citizens' call for a downtown strip and
this project includes infrastructure and aesthetic improvements to West
Broad Street and Alton Tucker Boulevard. The City is providing regional
stormwater detention ponds to spur development as well as changing
development criteria to allow mixed use multi-level buildings to be
constructed immediately adjacent to the new wide sidewalks. A traffic -
calming roundabout with extensive landscaping is planned On street parking
is provided where available and overhead utilities are being buried and others
are being upgraded. Decorative brickwork, street trees, benches, and lighting
are also included in the project. Project included the design for realignment of
approximately 4,000 linear feet of road including intersection improvements of the realigned West Broad Street and a
proposed roundabout adjacent to the new city hall and town green center. Personnel Assigned to the project:
BUFORD HIGHWAY MEDIANS LCI, CITY OF NORCROSS, GEORGIA— POND
Pond is under contract to design this LCI implementation project in the City of
Norcross. This 1.4 mile project includes converting a heavily travelled five lane
flush median section into a pedestrian friendly, aesthetically pleasing
section. The convergence of three bus routes at one section of the corridor has
created a sort of unofficial transfer station where pedestrian volumes crossing
the five lane section exceed 60 pedestrians per hour. A raised, landscaped
median is proposed with midblock crossings at key pedestrian nodes. The
design proposes to reduce lane widths slightly in order to create bicycle -
friendly outside lines. By adjusting lane widths, the footprint is not expanding, reducing the need for Right of Way, and
minimizing impacts to the adjacent landowners. Project is in progress and is on time and within budget. Personnel
Assigned to the project:
BUFORD HIGHWAY PEDESTRIAN IMPROVEMENTS PLAN, GWINNETT VILLAGE COMMUNITY IMPROVEMENT DISTRICT
(GVCID), GWINNETT COUNTY, GEORGIA—POND
Pond provided design services to improve high-profile corridors for the
Gwinnett Village CID. The corridors are adjacent to both an active railroad line
and a large recycling plant in southwestern Gwinnett County. As part of the
CID's plan to develop the aesthetics, pedestrian accessibility, safety and
environmental improvements on their corridors, the project included a new
sidewalk and handicap ramps along a one-half mile stretch of State Route (SR)
13/US-23, Buford I-lighway. Proposed major landscaping enhancements will
improve the visual appeal of the adjacent industries. Personnel Assigned to
the project: ... _. ..
ad
( Sgfma- Requestfor-Proposal Number 12-PW4 for Concept Plan for Hopewell Road— Birmingham Road Intersection Improvements
• • • W
Pond & Company (Pond) is a full service architectural, engineering and planning design
firm, headquartered in Norcross, Georgia with a staff of 200+ professionals working for
numerous local municipal, state and county governments. We are proud to be ranked
among Atlanta's 'Top 25 Engineering firms" for the past nine years. Specific expertise
includes City, County & GDOT transportation engineering services, transportation planning,
intersection improvements, sidewalk improvements, roadway improvements, streetscapes,
localized drainage projects and bridge replacements. Primary services provided include,
• Roadway & Bridge Design
• Streetscape Design
• Intersection/Roadway
Improvements
• Transportation Planning
• Corridor Studies & Access
Management
• Landscape Architecture
• Master Planning
• Traffic Calming
• Pedestrian & Bike Pathways
• Roadway/Pedestrian Lighting
• Site Development & Civil Engineering
• Traffic Studies
Pond has built a solid reputation for excellence in service quality and client satisfaction
working for numerous local government entities which include Cobb DOT, Georgia DOT,
Gwinnett DOT, in Roswell, Georgia, Douglas DOT, Henry County DOT, DeKalh County;
Forsyth County; the Cities of Sandy Springs Roswell, Johns Creek, Alpharetta, Norcross and
others (30+ local governments in North Georgia). Our transportation and community
development group consists of highly -trained, specialized, experienced and responsive
professionals.
Pond was recently awarded the Georgia Department of Transportation 2010 Georgia
Partnership for Transportation Quality (GPTQ) Grand Award (Best Overall in All
Categories) for Big Creek Greenway Multi -Use Trail, Forsyth County, GA and the 2010
Bridge Design Award for the Grimes Bridge Creek Bridge Replacement.
480 fastest GrowingWtitms
43 Zell Bast Fant to work For
1.",k`I a
4362 Top 500 tkvgn Pians
!Vq•is»Xplia:W nRvy..e'A 0.Yat
413 2011 Atlimas Yop tftf rm;'
Since 1965, we have been providing civil engineering for Transportation, Infrastructure and m.
Community Development project's for local governments throughout Georgia. When You 418 2011 Best Place, 1. work
choose Pond as your preferred partner, you will experience responsive people working
with you as a real partner to successfully complete your project. Pond's commitment to our clients and their projects
sets us apart from our competitors. 100% of the work will be performed in our Norcross office. Role: Lead firm
responsible for project management, Principal -In -charge, Transportation Design, Traffic/Signal Design, Utility
Coordination, Landscape Architecture and Public Involvement.
SUBCONSULTANT
�`, Oches(eT Rochester & Associates is a relationship -based land development solutions provider with 35 team
... members providing land surveying, civil engineering, and project management services from two
Georgia offices. From the formation of the company in 1966, Land Surveying has been the foundation of Rochester. RAI
is recognized nationally as an industry leader in this field. New technology and techniques are continually being
introduced to enhance this service line. With 4 Registered Land Surveyors and 8 survey crews deployed on a daily basis,
RAI recognizes this strength as the company's differentiator for a competitive advantage in the market place. Role:
Survey
GT Hill Planners Corporation (GTHP) was established in 2006 as is a woman owned business, which includes planners,
scientists, cultural resource and community involvement/evaluation specialists, which have extensive
experience with the Georgia PDP and Environmental Procedures Manual, and FHWA NEPA policies and
regulations including EIS, Environmental Assessments (EAs), Categorical Exclusions (CEs), and state level
documentation. GTHP staff has also completed ecology reports, community impact assessments, historic resource
surveys, assessment of effect documents and other Section 106 compliance procedures. ROLE: Environmental Screening
,'i t ,.3i'?€),S, es. "rg i+ ;}4 .,. , _;Ent
Q1V LY phiton Request for Proposal Number%Z.PW4 for Concept Plan far Hopewell Road—.Birmingham Road Intersection Improvements'
ORGANIZATIONAL CHART
Provided below is the organizational chart of the team that will be assigned to the contract. It includes personnel (names
and roles) from Pond (Prime firm) as well as the sub -consultants of Rochester and GT Hill Planners. Provided on the
following pages are resumes of key personnel. These personnel will be assigned to the contract through its completion.
■ Pond .°.Company
r
■ fto Mester & Associates
Gr Hill Planner
� &Brian Boeck, PE
N Ron Ouerioh, PE
Tim Predlund, PE
G. Todd Hill, PP, NCP 9 Kevin Skinner, PE- r Richard Fangmann, PE, PTOE Landscape Architecture
Lead Lrod ■ Jill Sluder, A5N, LEEn'AP
Erin Murphy w Andres Restrepo, PE
N Daniel Studdard. NCP
Survey
a Mark Edwards. En j( James lanes, Rt5
11
■ Lamar SImlh, RL5
Public Involyement
IN Shannon Kettenng, ASLA, AICP
KEY PERSONNEL
Ron Osterloh, PE (Project Manager) has led numerous transportation design projects ranging from intersection and
sidewalk improvements to major roads on new alignment. He has the experience to guide the project for development
of an effective solution within the context of the City of Milton.
Brian Bolick, PE (Principal -in -Charge) has prepared creative transportation solutions for a variety of multidiscipline
projects. He will oversee the design work and will provide the resources necessary to produce a successful project.
Richard Fangmann PE, PTDE (Traffic Design) has performed traffic analysis for roadway design and operational projects
of varying size and complexity and can compare efficiency of alternative intersection treatments. Richard has performed
analysis of a variety of intersection controls, including: traffic signals, roundabouts, ntultiway stops, continuous flow
intersections, continuous green Tee intersections, superstreets, and two level urban intersections.
Kevin Skinner, PE (Transportation Design) has served as Lead Engineer on many intersection improvement design
projects, including dozens of intersection project in Metro Atlanta.
Tim Fredlund, PE(QA/QC) has examined plans for numerous project and has provided effective quality control checks.
RE'.�ilty Df wiffrin .Request for Proposal Number 12 -PWA for Concept Plan for Hopewell Road -Birmingham Roadintersection improvements;
RON OSTERLOH, PE — POND
Project Manager
Education Bachelor, t Civil r_ . ;neerin� Georgia ht tit_te nr t .v cdo1�"4
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Ron has been responsible for the design and management of a variety of transportation projects over the past 18 years.
He has extensive experience in management of a transportation design team and ensuring that the design team is kept
up to date with current design software to continuously meet local federal and state design standards, including the
latest developments in context sensitive designs and traffic calming enhancements. His project experience covers
extensive transportation projects including roadway/highway design, intersection improvements, transportation
enhancements, trail design and bridge design for Georgia DOT and many local municipalities throughout the State of
Georiga, including:
• SR 9 Alpharetta Downtown Main Street Improvements, Alpharetta, GA: Ron is responsible for transportation design
of this project which includes downtown operational improvements. The design includes pedestrian improvements,
changes to on -street parking, the addition of a raised median, drainage improvements, and two potential locations for
pedestrian hybrid beacons (Hawk Signals) along SR 9. Traffic Engineering (TE) Studies were prepared based on MUTCD
criteria and GDOT analysis procedures. The GDOT District 7 office approved installation of a Hawk signal at one
location and suggested a pedestrian rapid flash beacon for the second location, which was slightly under the threshold
for Hawk installation.
• Due West Road Corridor Improvements, Cobb County DOT, Cobb County, GA: Ron served as Project Manager for this
project consisting of upgrades and redesign of 3 intersections along the Due West Corridor as well as the addition of
bicycle lanes along Due West Road. The intersection upgrades include addition of turn lanes and access control and the
realignment of 2 intersecting roadway to consolidate to 1 proposed intersection location. The project includes a traffic
study of the project corridor including elimination of 1 signal, new design of another signal and retiming and additional
Signal head design of an existing signal. The project scope also included preparation of a concept plan on county GIS,
public involvement, ROW plans and construction drawings and bid documents.
• Intersection Improvements at LaVista Road and Oak Grove Road / Oak Grove Drive, DeKalb County Public Works,
DeKalb County, GA: Ron served as the Project Manager on this project to include improvements at the intersection of
the 3 roadways. The proposed improvements include realigning the two intersecting side roads to meet at a common
intersection, adding appropriate auxiliary lanes at the new intersection approaches, improving existing safety
conditions at the intersection, improving traffic and pedestrian control, and adding sidewalk for a distance of 0.5 mile
along the LaVista Road approaches. The project is a federally funded GDOT project that also includes raised
landscaped median, pedestrian lighting, shoulder landscaping and as well as other aesthetic improvements, to keep
consistent with DeKalb County future corridor improvements along LaVista Road.
• 18 Forsyth County Local Intersection Improvements, Various Locations: This project consists of providing full design,
right of way and construction documents for 18 different locations throughout Forsyth County, including numerous
intersections on State Routes. The improvements vary at each of the intersection. These Include safety and
operational improvements as well as drainage and capacity improvements, which are all funded through the County's
current SPLOST program. Traffic studies have been conducted at each of the proposed intersection projects to help
determine the scope of the improvements. Ron served as the Project Manager on these projects.
• Perimeter Center West Streetscape & Intersection Improvements, Perimeter Community Improvement Districts,
Atlanta, GA: Project included conceptual design and signal and pedestrian crosswalk upgrades to 8 intersections along
Perimeter Center West at Perimeter Center Mall. Involved the process of adding sidewalks, pedestrian lighting,
landscaping, and hardscape features. The overall length of the project includes over 1 mile beginning at Ashford
Dunwoody Road to Mt. Vernon Road. Phis federally funded project included complex stakeholder coordination due to
the fact the project included property in Fulton and DeKalb County.
• Value Engineering Consultant, GDOT: This project consisted of review of GDOT projects over $25 million in total costs
to provide value and quality for federal and state funding resources. Ron served on review teams to provide specialty
reviews on the value of the proposed roadway designs. The value engineering studies Ron participated in included
several limited access and interstate projects in varying phases of the plan development process.
iffiri ift(1,"n , Request for Proposal Number 32 of Concept Plan for Hopewell aoad-Bimungham Road Intersection 1777,
KEVIN SKINNER, PE—POND
Transportation Design — Lead
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As a Roadway Design Engineer, Kevin has served as Lead Engineer on numerous highway design projects. He is
responsible for all of the design aspects related to these projects including horizontal and vertical road alignments,
drainage design, staging design and erosion control. hie maintains a high proficiency level in MicroStation, AutoCAD and
CAKE as well as keeping up with current design standards. Kevin's project experience includes:
• Widening of State Route 9, Georgia Department of Transportation (GDOT), Alpharetta, Fulton County, GA: Kevin
serves as Lead Roadway Design Engineer for this project which consists of the widening of S.R. 9, reconfiguration of
side roads, pedestrian improvements and signal upgrades. The work is divided into 2 projects: 1 begins at Upper
Hembree Road and continues to Academy Street; the other stretches from Academy Street to Windward Parkway,
S.R- 9 is a non-uniform arterial, currently having several different sections along the 3.8 mile corridor. There are
generally 4 different sections: a 5 -lane section with flush median, a 4 -lane section, a 3 -lane section with flush median,
and a 2 -lane section. The proposed section is a 4 -lane section with 20 foot raised median. Auxiliary lanes will be
added as needed.
• Old McEver Road — Safety and Operational Improvements, Cobb County DOT, Cobb County, GA: This project
includes Safety and Operational Improvements to Old McEver Road from Old Highway 41(Main Street) to New McEver
Road, partially within the City of Acworth limits. The improvements include sidewalk provisions along Old McEver
Road, along the entire roadway length, as well as intersection improvements at both Main Street and New McEver
Road. At the intersection of Old McEver and New McEver, Old McEver Road will be realigned to provide a 90 degree
intersection with New McEver Road. Also included in the Safety and Operational Improvements a reconfiguration of
the existing parking lot adjacent the park entrance.
• Buford Highway Pedestrian Improvements Plan, Gwinnett Village, Community Improvement District (CID), GA: Pond
provided design services to improve high-profile corridors for the Gwinnett Village CID. As part of the CID's plan to
develop the aesthetics, pedestrian accessibility, safety and environmental improvements on their corridors, the
project included a new sidewalk and handicap ramps along a 0.5 mile stretch of State Route (SR) 13/US-23, Buford
Highway. Proposed major landscaping enhancements will improve the visual appeal of the adjacent industries. Pond
coordinated with the Georgia Department of Transportation (GDOT) and Norfolk Southern Railroad to acquire a
permit to work within these properties.
• SR 306 Safety Improvements to Multiple Intersections, Forsyth County DOT, GA: This federally funded project
included road widening, addition of traffic signals and other safety design improvements on SR 306. These
improvements provide immediate safety enhancements within the context of the proposed future widening of SR 306.
Scope consisted of construction plan sheets, profiles, cross-sections, driveway profiles drainage maps and profiles,
maintenance of traffic, erosion control, and right of way plans. The project included public hearings, extensive
coordination with adjoining property owners, and coordination & review by GDOT district office. Ron served as project
manager and engineer of record on this project.
• Intersection Improvements at LaVista Road and Oak Grove Road / Oak Grove Drive, DeKalb County Public Works,
DeKalb County, GA: Ron served as the Project Manager on this project to include improvements at the intersection of
the 3 roadways. The proposed improvements include realigning the two intersecting side roads to meet at a common
intersection, adding appropriate auxiliary lanes at the new intersection approaches, improving existing safety
conditions at the intersection, improving traffic and pedestrian control, and adding sidewalk for a distance of 0.5 mile
along the LaVista Road approaches. The project is a federally funded GDOT project that also includes raised
landscaped median, pedestrian lighting, shoulder landscaping and as well as other aesthetic improvements, to keep
consistent with DeKalb County future corridor improvements along LaVista Road.
• Massey Avenue Corridor Improvements, Jacksonville, FL: the proposed roadway improvements have been designed to
include bio -retention facilities as well as other major drainage improvements along the roadway corridor. Other
improvement s include pedestrian facilities, including 3 mid block crosswalks, roadway lighting, landscaping and
driveway consolidations. The new roadway will include two upgraded signals and the installation of an additional signal,
all with decorative mast arms to meet current base and FDOT standards.
#? ur0"'It" Requestfor Proposal Number 12.PW4 far Concept Plan for Hopewell Road — Birmingham Road Intersection Improvements
RICHARD FANGMANN, PE, PTOE - POND
Traffic Design - Lead
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Richard has over 20 years of experience in transportation planning and engineering, ranging from long-range
transportation plans to short-term operational studies. He is experienced in preparing transportation plans for GDOT,
MPO's, Counties, Cities and corridors. He is also experienced in traffic operations analysis, traffic simulation, traffic
impact studies, interchange justification reports, and access management. Example projects performed by Richard
Fangmamt include:
• SR 9 Alpharetta Downtown Main Street Improvements, Alpharetta, GA: Richard performed traffic analysis at two
potential locations for pedestrian hybrid beacons (Hawk Signals) along SR 9 in support of the design of Main Street
improvements. Traffic Engineering (TE) Studies were prepared based on MUTCD criteria and GDOT analysis
procedures. The GDOT District 7 office approved installation of a Hawk signal at one location and suggested a
pedestrian rapid flash beacon for the second location, which was slightly under the threshold for Hawk installation.
• Suwanee Pedestrian and Bicycle Plan, Suwanee, GA: Richard prepared an update to the City of Suwanee's Alternate
Modes Transportation Plan. The updated plan is called the Pedestrian and Bicycle Plan in recognition of the primary
role these travel modes play in the City. The plan update included the recommendation of Hawk signals at three
locations, intersection safety improvements for pedestrians along Peachtree Industrial Boulevard, installation of
sidewalks and trail connections, as well as installation of shared use bike markings (sharrows) on select low-volume
roads. The plan included cost estimation and prioritization of projects based on community goals and objectives.
• Sandy Springs Transportation Master Plan, Sandy Springs, GA: Richard served as project manager to prepare a
Transportation Master Plan for this newly incorporated City that also serves as the transportation element of the
Johns Creek Comprehensive Plan 2030. This plan included an examination of roads, pedestrian and bicycle facilities,
and transit. The plan included an examination of transportation needs in the emerging downtown for Sandy Springs,
along Roswell Road north of 1-285. Strategies to address this area included: Sidewalk connections, additional local
connectivity, shared parking structures to support a park -once environment, and transit for circulation and connection
to MARTA rail and the Perimeter CID area.
• Eves Road Complete Street, Roswell, Georgia: Richard serves as Lead Transportation Engineer on this 1.6 mile section
of Eves Road in Roswell that is being transformed from a local residential street into a complete street that provides all
users including motorists, pedestrians, and bike users of all ages and abilities a safer and more complete
transportation corridor. The new corridor will have bike lanes and a multiuse path providing a complete
transportation corridor. The corridor serves numerous residential developments, a Post Office, and an elementary
school. These facilities will all be served better by the new Eves Road complete street.
• Roswell Road (SR 9) Pedestrian Crossing and Median Installation from Belle Isle Road to Mystic Drive; Sandy
Springs, GA: Richard served as project manager for the pedestrian safety needs assessment and traffic engineering
report. Pond examined pedestrian crossing needs along a section of Roswell Road (SR 9) experiencing high pedestrian
activity. A heavily used bus route is present along this section of SR 9, resulting in frequent pedestrian crossings to
access the bus stops, as well as for access to a community shopping center. Traffic volumes are steady throughout the
day, limiting the ability of pedestrians to cross without stopping in the two-way left turn lane. Pond prepared a design
concept and cost estimates. Pond is beginning detailed design work on the median and pedestrian hybrid beacon.
• Transportation Master Plan — Alternative Intersection Analysis, Johns Creek, GA; Project Manager. As part of a
multimodal transportation plan for the newly formed City of Johns Creek, Richard performed detailed traffic analysis
of alternative intersection configurations. Key intersections were examined, including the congested SR 141 at State
Bridge Road intersection. Recommendations included a two-level urban intersection and left turn overpasses.
• Statewide On -Call Traffic Engineering Studies, GDOT: Richard served as Project Manager for three TE Studies
contracts from 2001 to 2008. These studies included a variety of traffic engineering work statewide, including traffic
signal warrants, as well as broader traffic engineering studies such as intersection Level of Service (LOS) analysis and
evaluation of corridor operations and geometric improvement needs.
PON.3
i jjlf 44fJ1A!tM_n Request for Proposal Number 12-PW4for Concept Plan for Hopewell Road- Birmingham Road Intersection improvements.
ANDRES RESTREPO, PE —POND
Transportation Design
Education: ,tch�.or>,) :tee, Cl�A Lo,r.eenr Arilialir -, r+cra !; [III,nj:-cnt �;, t119i
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Andres Restrepo serves as a Highway Design Project Engineer with Pond and is responsible for all the design aspects on
projects for which he is in charge. Andres' design experience includes: horizontal and vertical alignments,
superelevation, driveways, drainage systems, erosion control, roadway cross sections, pavement design, quantity
calculations, cost estimating, and retaining walls. He is mindful of following AASHTO and Georgia Department of
Transportation guidelines and design standards. Mr. Restrepo has experience using MicroStation, CAKE, Geopak and
ArcGIS. Andres' project experience includes:
• Widening of State Route 9, Georgia Department of Transportation (GDOT), Alpharetta, Fulton County, GA: Andres
serves as Roadway Design Engineer for this project which consists of the widening of S.R. 9, reconfiguration of side
roads, pedestrian improvements and signal upgrades. The work is divided into 2 projects: i begins at Upper Hembree
Road and continues to Academy Street; the other stretches from Academy Street to Windward Parkway. S.R. 9 is a
non-uniform arterial, currently having several different sections along the 3.8 mile corridor. There are generally 4
different sections: a 5 -lane section with flush median, a 4 -lane section, a 3 -lane section with flush median, and a 2 -
lane section. The proposed section is a 4 -lane section with 20 foot raised median- Auxiliary lanes will be added as
needed.
• Old McEver Road — Safety and Operational Improvements, Cobb County DOT, Cobb County, GA: This project
includes Safety and Operational Improvements to Old McEver Road from Old Highway 41(Main Street) to New McEver
Road, partially within the City of Acworth limits, The improvements include sidewalk provisions along Old McEver
Road, along the entire roadway length, as well as intersection improvements at both Main Street and New McEver
Road. At the intersection of Old McEver and New McEver, Old McEver Road will be realigned to provide a 90 degree
intersection with New McEver Road. Also included in the Safety and Operational Improvements a reconfiguration of
the existing parking lot adjacent the park entrance.
• McGinnis Ferry Road, Forsyth & Fulton Counties, GA: GDOT, Road Reconstruction and Widening Project, Project
consisted of widening, reconstruction and partial realignment from a 2 -lane rural undivided roadway to a 4 -lane
divided urban roadway with a varying width median. The project was 5.29 miles in length and includes widening for
bicycle and multi -use paths on both sides of the project, Andres served as a Staff Engineer assisting the Project
Manager.
• 1-16/1-75 Interchange, Bibb County, GA: The 1-16/1-/S Improvement Project includes the widening and reconstruction
of 1-75 from Hardeman Avenue to Pierce Avenue and 1-16 from 1-75 to Walnut Creek. As a Staff Engineer, Andres was
in charge of assembling a digital terrain modeling, and assisted with development of several alternative Concept
Layouts.
• SR 316/1-85 Improvements, Sugarloaf Phase IV, Gwinnett County, GA: The project consisted of interchange
reconstruction and improvements at 1-85 and State Route 316. The project extended along 1-85 from south of
Pleasant Hill Road to just north of Boggs Road and along State Route 316 from 1-85 eastward to near Sugarloaf
Parkway. The project also incorporated 2 new fly -over ramps and the extension of the 1-85 southbound collector -
distributor from Boggs Road to Pleasant Hill Road. Also included was the extension of HOV lanes along 1-85 from
south of Pleasant Hill Road to north of Old Peachtree Road. The project included new construction of 13 bridges. As a
Project Engineer, Andres was required to generate right of way plans, construction plans, drainage design
calculations, drainage profiles, cross sections, utility plans, horizontal and vertical geometry, super elevation
calculations,bridge clearance calculations, cost and quantity estimates and a Digital Terrain Modeling. (DTM).
• US 41 (Northside Parkway/Cobb Parkway) Widening, Cobb DOT, Fulton and Cobb Counties, GA: The project
consisted of widening US 41 as part of 2 COOT funded projects located in both Cobb and Fulton Counties- The
widening project was approximately 2 miles in length beginning at Mt. Paran and ending at Akers Mill, and included
the replacement of the existing bridge over the Chattahoochee River, The proposed widening included 6 travel lanes,
additional auxiliary lanes, signal upgrades as well as a multi -use trail and streetscapes connecting the existing
National Park Service, Paces Mill Park property. Andres served as a Design Engineer.
POWJ
C—TW 'of "'itro Request for Proposal Number 12-PW4 for Concept Plan for Hopewell Road -Sumingham Road Intersection Improvements
R. BRIAN BOLICK, PE —POND
Principal -In -Charge
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Brian has over 27 years of experience in traffic and transportation engineering. He has comprehensive experience in client
relations, proposal development, point of contact for new and ongoing projects, office arid P&L management, traffic and
transportation engineering services which include highway capacity analysis, traffic impact Studies, feasibility Studies, signal
warrant analyses, traffic signal design, access studies, traffic safety operations, parking studies, and vehicular and pedestrian
circulation studies. Brian leads Pond's Transportation and Community Development Practice, which includes transportation
planning, design, and operations, as well as site design, land use/zoning, urban design, and landscape architecture. A
sample of Brian's individual experience related to this project includes:
• Widening of State Route 9, Georgia Department of Transportation (GOOF), Alpharetta, Fulton County, GA: Brian
serves as Principal -in -Charge of this project which consists of the widening of S.R. 9, reconfiguration of sideroads,
pedestrian improvements and signal upgrades. The work is divided into 2 projects: 1 begins at Upper Hembree Road
and continues to Academy Street; the other stretches from Academy Street to Windward Parkway. S.R. 9 is a non-
uniform arterial, currently having several different sections along the 3.8 mile corridor. There are generally 4 different
sections: a 5 -lane section with flush median, a 4 -lane section, a 3 -lane section with flush median, and a 2 -lane section.
The proposed section is a 4 -lane section with 20 foot raised median. Auxiliary lanes would be added as needed.
• Grimes Bridge Road, Bridge Replacement & Intersection Safety Improvements to Multiple Roads, City of Roswell,
GA: Brian serves as Principal -in -Charge of this project which includes realigning Grimes Bridge Road and Oxbo Road to
form a new T -intersection onto the new bridge section. The new signalized intersection on the bridge includes
sidewalks and pedestrian crossings in all approaches as well as accommodation for a future trail system beneath the
bridge. Context sensitive architectural enhancements were added due to the proximity of the bridge to the 300 acre
Vickery Creek Unit of the National Park Service, part of the Chattahoochee National Recreation Area. All construction
drawings and specifications were approved by and developed to plan requirements of GDOT. This project is currently in
construction.
• Perimeter CID Intersection Master Plan: The purpose of this project was to develop master plan level concepts for
improving 15 intersections within the DeKalb Perimeter CID. These improvements included modifications to improve
pedestrian safety and accessibility, aesthetics (mast arms, landscaping, etc.), and intersection operation. This master
plan set the stage for developing a program of improvements to be implemented by the Perimeter CID and was an
important tool in obtaining commitments from GDOT. Brian managed this project.
• Mableton Form Based Code—Transportation Consulting, Cobb County, GA: Brian was selected by the Cobb County
Department of Transportation to provide transportation consulting and advisement as part of the Mableton Form
Based Code process. Brian played a critical role in helping the County's urban planners and transportation engineers
strike a balance between the needs of pedestrian friendly urban design and the realities of moving high volumes of
traffic. The end result was the development of a plan that created walk able urban thoroughfares that balanced
pedestrian and vehicular needs.
• Peachtree Hills and Garden Hills Traffic Calming, City of Atlanta; Brian managed the development of traffic calming
solutions in these two historic Atlanta neighborhoods from concept through design. Brian worked with a stakeholder
group to finalize concepts and ultimately presented the concepts on several occasions to more than 300 residents and
business owners. Now completed, the neighborhoods have comprehensive traffic calming applications which include
build -outs, chicanes, median islands, narrowed streets with on -street parking, and speed tables.
• GDOT On -Call Traffic Engineering (TE) Special Studies, Statewide: The on-call projects included in this work consisted
of traffic engineering studies, traffic signal design and traffic signal timing. The projects ranged from individual isolated
intersections, to corridors of up to 10 intersections. The scope of work on these projects included data collection
(traffic counts, accident data, field inventory, future developments), analysis of existing and future traffic conditions,
traffic signal warrant analyses, and the preparation of a recommended improvement plan for each location. This
project involved close coordination with COOT traffic engineers and staff in each District throughout the state- Briar)
served as Project Manager for this project.
rfv rer ".itnir, Request for Proipusal Number 12-PW4 for concept Plan for Hopewell Road — Birmingham Road Intersection Improvements
Ka
JILL SLUDER, RLA, ASLA, LEEDt AP
Landscape Architecture
Education::hire, I J:-sIvyof cj
R 0 -"C,7 1
. -Astration: 7� ',tf hire(,, A,ncrican AWIin 0%, 0AU Acl(fdtiod
Jill has 15 years of experience and has worked as a Landscape Architect for a diverse mix of development types including
high end retail, community, and municipal projects, with an emphasis on streetscape and park design. She has extensive
experience with the design and production of both hardscape and landscape construction documents and renderings.
Specific project experience includes the design of urban plazas, parks, courtyards, public fountain displays, children's
play areas, and pedestrian friendly environments. Project experience includes:
• Intersection Improvements at Lavista Road and Oak Grove Road / Oak Grove Drive, DeKalb County Public Works,
DeKalb County, GA: Jill Served as a Landscape Architect for this proposed project to include improvements at the
intersection of three roadways. the proposed improvements include realigning the two intersecting side roads to
meet at a common intersection, adding appropriate auxiliary lanes at the new intersection approaches, improving
existing safety conditions at the intersection, improving traffic and pedestrian control, and adding sidewalk for a
distance of 0,5 mile along the Lavista Road approaches- The project is a federally funded GDOT project that also
includes raised landscaped median, pedestrian lighting, shoulder landscaping and as well as other aesthetic
improvements, to keep consistent with DeKalb County future corridor improvements along Lavista Road,
• Georgia Institute of Technology - North Avenue Streetscape Design, Atlanta, GA: Jill serves as project manager and
Landscape Architect for the civil and site design of the North Avenue streetscape renovation. Pond's Streetscape
design along North Avenue consists of two phases. The first phase has been designed as a part of the Visitors Parking
Lot project and is in the early phases of permitting and construction. The second phase includes all of the north side of
North Avenue lying along tech property between Gate 10 of Bobby Dodd Stadium and Tech Parkway. Failing within
the purview of the overall campus master plan and the North Avenue master plan, this work will add significantly to
the campus edge identity and will help to bring this important gateway into the overall experience and identity of the
campus,
TIM FREDLUND, PE —POND
QA/QC
Education: Uo I 1 1"31 "it", Of
Registrationi Pmtor ionaJ Fngwect — '-,A I Irvol 11 CL,rohed ProfessrlJlj
Tim has extensive experience in all aspects of civil engineering planning, design and management for transportation
projects at the State, County and Local level. Over the past 1S years, Tim has been responsible for numerous design
teams and projects ranging from sidewalks to resurfacing; new alignments to roadway widenings; streetscapes to
Interstates. Tim's project experience includes:
• Aviation Boulevard, Hartsfield Jackson International Airport, City of Atlanta, GA: The project consists of widening
and realignment of Aviation Boulevard at Hartsfield Jackson Atlanta International Airport (HJAIA). The improved
roadway will provide the new access to the HJAIA International Terminal, currently under construction. The improved
roadway consists of two parallel inbound and outbound roadways, with two lanes in each direction (total of 8 lanes).
The Aviation Boulevard improvements are being constructed under traffic, with minimal impacts to Airport
employees currently utilizing Aviation Boulevard. The improvements are being coordinated with other ongoing and
future projects at HJAIA, as well as other GDOT project within the project vicinity. A traffic study was prepared to
determine the improvements required as a result of the future International Terminal facility.
• old McEver Road, Safety & Operational Improvements, Cobb County DOT, GA: The safety and operational
improvements to Old McEver Road from Old Highway 41(Main Street) to New McEver Road include sidewalk
provisions along Old McEver Road and the entire roadway length, as well as intersection improvements at both Main
Street and New McEver Road. The intersection improvements at Old McEver and Main Street consist of the addition of
a new signal and turn lanes along Main Street and a slight realignment to Old McEver Road to allow for additional
storage. At the intersection of Old McEver and New McEver, Old McEver Road will be realigned to provide a 90 degree
intersection with New McEver Road. Also included in the Safety and Operational Improvements is the reconfiguration
of the existing parking lot adjacent to the stop sign at the park entrance.
FKW7)
Request for Proposal Nuridie, 12-PW41F.roonCept Plan for Irapewell Road—. ElIrmingham Road Intemctlort I mpro"ments
Shannon Kettering, AICP, ASLA - POND
Public Involvement
11"IvEimily of '1';;"w',i 2u'GI)
Rep istrat ions: _,imkcap, ;vcliitL'ct, (j,� i
hw,luf- of Ckntif,ed
Fo, ihunvi & I)! inner
Shannon is the Program Manager for C01111111luity Planning and Urban Design at Pond, and is adept at the nuances of this
field, from community facilitation and visioning to sustainable land planning and redevelopment strategies. Under
Shannon's direction, Pond is recognized as a leader in offering sustainable planning Solutions that balance the needs of
the community with its resources- both natural and fiscal. As both a certified planner and registered landscape architect
with 17 years of project manager experience, Shannon's initiatives within the firm utilize design and policy solutions that
synthesize smart growth and sustainable development principles. Shannon is a certified charrette facilitator by the
National Charrette Institute (NCI), thereby affording her the knowledge of well -tested interactive exercises and tools,
charrette preparation guides and proper charrette protocol and reporting. She is a board member of Greenprints
Alliance of Woodstock (advancing trails and open spaces throughout the City of Woodstock, Georgia), and Vice President
of the Board of Directors for Park Pride, a non-profit organization whose vision is to create a world-class park syster'n in
the City of Atlanta.
DANIEL STUDDARD, AICP - POND
Traffic Design
Education: of cq'i and rlwninng, "f oIJwI')I "f aff,
jut,wali'di" kjrllj_rs'tY of 6-"Qreia' 20(10
Daniel is a transportation planner with experience in traffic forecasting, operations analysis, and plan development. He
has 6 years of experience conducting traffic analyses, miciosimulation, traffic impact studies, corridor alignment studies,
and traffic safety analysis. He has prepared access management plans, road diet studies, bicycle/pedestrian plans,
master plans, and comprehensive plans.
• Marietta Boulevard/Bolton Road, Atlanta, GA
• Forsyth County Intersections, Forsyth County, GA
• Due West Road, Cobb County, Georgia
• Traffic and Transportation Analysis of SIR 92, Cherokee County, GA
• Austell Road Access Management Plan, Cobb County, GA
• Traffic impact Study, Sandy Springs, GA
MARK EDWARDS, EIT - POND
Transportation Design
Education : r_ichelos s ('1 t llv,dnoc! 11w of i Iflo,'
& VJ�a'r
cooserv-tIo" __Onl!olSslon
Mark has been responsible for assisting in the design of several transportation projects since joining Pond in 2008. He
has experience with projects ranging from urban intersection redesign to roadway widening.. Mark is proficient in all of
the computer programs which are used in transportation design, and he is expertly knowledgeable of local, state and
federal design standards.
• Widening of State Route 9, Georgia Department of Transportation (GDOT), Alpharetta, Fulton County, GA
• Sidewalk Improvements, Newnan, GA
• Old McEver Road, Safety & operational Improvements, Cobb County DOT, GA
• School Safety Corridor Improvements, DeKalb County Public Works, Various Locations, DeKalb County, CIA
• Quality of Life Transportation Improvements, Atlanta, GA
• Pine Road Multi -Use Trail, Gwinnett County DOT, Gwinnett County, GA
IM#3E4llfi�trt Reemest lorPropoml Number 12.PW4 forConcept Plan for Hopewell Rood -Anmlo8ham Rood intersection Improvtments
G. TODD HILL, PP, AICP - GT HILL PLANNERS I Environmental NEPA- Lead
Edticatiow Liacht: x ,d 1;6'oc, %.,bine= r, ,. , r� : k, giver, ry L � a
Registration: 1' C,
G. Todd Hill has been an environmental project manager/scientist for more than 17 years having gained extensive
experience in the identification, delineation, and analysis of various types of environmentally sensitive areas including
both fresh water and coastal wetland ecosystems. His range of experience includes wetland delineations,
environmental resource inventories, environmental permitting, air and noise assessments, public and community
outreach, and the preparation of NEPA environmental documents including Environmental Impact Statements,
Environmental Assessments, and Categorical Exclusions. He also has extensive experience with site investigation for the
identification of hazardous contamination, including Phase I & 11 Environmental Site Assessments. Community outreach
and development of public involvement plans was often an integral part on several of the following projects where
Todd's expertise was needed. Todd has completed a number of environmental impact studies and permit applications
for transportation projects, and residential subdivisions and industrial sites including the identification and analysis of
wildlife and their habitats.
ERIN MURPHY - GT HILL PLANNERS j Environmental NEPA-Support
Education: Master u, H< mage Pro,,c vmion, C,:?r;i;) $t, t:., f ivel<tv, 2!ti07 I Fay :..Mor tjr Art:, erre= naticnal K _ aticn;,
i r)gt00 01I.,wet"ity, =100,1
Erin is an architectural historian/historic preservation planner with 4 years of experience in compliance with Section 106
of the National Historic Preservation Act. She has conducted numerous Historic Resource Surveys for a variety of clients,
including the Georgia Department of Transportation, the Georgia Transmission Corporation, US Army Corps of
Engineers, and local governments. In her planning work, Ms. Murphy has further developed her expertise in working
with historic resources, completing projects such as writing National Register nominations, creating Historic District
Design Guidelines, and drafting Historic District Zoning Ordinances,
James Jones, RLS -ROCHESTER ( Survey
Education: CS.1197Gftiu r.,.ey,❑g; t=. i`trtL)(;im
Registrations e I I ,i Idrri S iotyliC ti7i, �t,3±ti; i`1 (�L.Cr'; c. L°SZB. I N 1., ,1 it81J 1.';A, Fits �9S
As Director of Surveying with Rochester, James Jones, RLS, is a registered land surveyor with over 40 years field and
office experience in all aspects of land and cadastral surveying and mapping. His experience includes many types of
surveying including control surveys, boundary surveys and Forest Service boundaries in Georgia, North Carolina, South
Carolina and Tennessee. James has done route locations for roads and utilities and topographic surveys by transit. He
also completed construction staking of roads from D.O.T. secondary and interstate roads and to private subdivisions. He
gathered experience over many years through working with GPS, horizontal and vertical control for photogrammetric
surveys, geodetic control and construction staking for conveyances, subdivisions, apartments, rapid transit railroad,
industrial parks, airports, recreation areas, sewer outfall and parks. lames has played a key rule in numerous surveying
efforts for various types of civil projects.
Lamar Smith, RLS - ROCHESTER j Survey
Education. -.lIf ow i^lw;,al i t+.d�. ?.i i. eke ire t_I1 t;irie �r-rho t =+/ -'ial ?„d Cu >C r_t.::.r= }$+',o;.,
:1911
Rr :;ist±-atiocs P,-;
; , i (a r-C1L:)rxt Siu 1n G:-nI = �1 4 22955
While working with Rochester & Associates, Inc. the past 33 years Lamar has both field and office experience. His
extensive knowledge in his field has led to an effective and accurate streamlining procedure for processing data. His
experience has included route surveys, boundary surveys, control surveys, construction staking of roads, state parks,
apartments and commercial sites, topographic survey transit, EDM data collector, horizontal and vertical control for
photogrammetric surveys, geodetic control, and construction staking for subdivisions, apartments, railroad, industrial
parks, recreation areas, sewer outfall and parks.
POIIV:?
No Text
"Wa
,E] my ry{}1�{„"mq }leooest for Proposal Numberl2-PW4for Concept Plan for Hopewell Road-8InNngham Road intersection Improvements'
e. References
Client: City of Alpharetta
Contact: Pete Sewczwicz, Civil Engineer
Email Address: psewczwicz@alpharetta.ga.us
Address: 1790 Hembree Road Alpharetta, Georgia 30004-2041
Phone Number: 678.297.6200 Fax Number: 678.297,6211
Client: Forsyth County
Contact: Tim Allen, Assistant Director of Engineering
Email Address: tallen@fursythco.com
Address: 110 East Main Street, Suite 120 1 Cumming, Georgia 30040
Phone Number: 770.781.2165 ( Fax Number: 770.781.2104
Client: Peachtree City
Contact: David A. Borkowski, City Engineer
Email Address: dborkowski@peachtree-city.org
Address: 151 Willowbend Road Peachtree City, Georgia 30269
Phone Number: 770.631.2538 Fax Number: 770.631.2552
No Text
, faf Mjn Request for ProposaIN umber 12-PW4for Concept Plan for Hopewell Road —Birmiogharn Road Intersection Improvements
f. Pricing
Please find Section S: Cost proposal in Separate Sealed Envelope.
No Text
l% City of Milton
ACKNOWLEDGE-TI NT
RECEIPT OF ADDENDUM #1
RFP 12-PW4
Upon receipt of documents, please email, fax or mail this page to:
City of Ntilton
Attic Rick Pearce, Purchasing Office
13000 Deerfield Pkwy
Suite 107G
Nlilton, GA 30004
Phone: 678-242-2SIl
Fax: 678-242-2499
Email: rick.uc�arceLcitvofmihmr a.us
I hereby acknowledge receipt of documents pertaining to the above referenced ITB.
CONIPANY NAME: Pond &
CONTACT PERSON: R. Brian Bolick
ADDRESS: 3500?arkwly I ane, Smit eo0
(,I'fy: Norcross S'rATE: Georgia ZIP: 30092
PHONE: G78.336.7740 FAX: 678?36.77,14
ENIAILADDRESS; BoGcip(apcncko.com
r
Signature/ Date
AD'DENDiiNI 81
ADDENDUM #t
RFlp l2-PW4
Questions and Answtrr:s
Does the City anticipate moving forward into the design phase with the selected a>nsulumt or
will the City need to solicit bids for subsequent phases'?
It v ill depend on the reeomnteuded solution. The city can coniraet directly for prolssio wl
services all to at maximum fee of';0,004 dollon.elbow thin cssp the city would need to
SoNvit bills,
Are executed "Consultant Affidavit and Agreement", "Subcontractor Affidavit" or"SA V13
Affidavit" regoired in the proposal'?
No
Do items outside of the "Technical Proposal' count towards die. 20 -page limit, including the City
or Milton cover page, disclosure forth, and proposal letter, cost proposal, pricing and We
information, addenda acknowledgement forms, table of contents, covers, tabs and conceptual
layouts'?
ilio
Are I 1 Y 17 sheers allowed for the conceptual layouts and will they count as one-page'?
y.c„
What specific information is requhud for the Cost Proposal'?
Wdy thy: t.;ost JvTosal Fornr provided in `rection 3 h required
Are subs also required to execute the Cost Proposal front?
ill, all sidsctnlsulinnt pricing he included in lite- primary cousultnihs bld In opttsah
Project Scope. Specifically, on Task 3 f"or Property and Topographical Survey 6dapping, it asks
For the consultant "lo notify all property owners, in writing, or the impending surveys, prior to
starting any surveying activities on their property. A copy of the notittcation shall be proWd to
the city and should contain, at a minimum, the following...". Do we need to provide this
information with the proposal, or only if the work is awarded to our team'?
Thu: "ill lady h ray loud 1V HunwhTfal C"Um In rt prior to l _oa ts+te 1, ta�lt.
ADDENDUM #1
RFP 12-PWd
Questions and .' n:i vj.f
Compliance with Workers Compensation Act, are we to supply proof of compliance. in Ore
response, or only if we're awarded this work')
Tlik will onk I be ri'rluirc,rt b;= the sek'vteri coatiuliant,
Appendix A -, Sample Contract, it states ill Section 5.0 insurance, that consultant should provide
certificates of insurance evidaneing cavemge prior to the start of work. A�,ain, do we need to
provide that in the response or at a later time?
Tliis ll ill only he rerluilcttd hr the seleeted ennsultIlut.
On p. 33 of the NFP, it lists Exhibits A, B. & C. Are there exhibit forms that accompany these, ol.
are they just referring to sections of the proposal? If so, Exhibit C states insurance Certificate -
does that Cover our proof of insurance?
hese art part of the ;maple contract and gilt only it¢ 1-etlttireit llt, the selectcd consuti,lut
Can it be assumed that waiver of file "City u, Additional Insured" requirement (section 5.0 (9))
for the Professional Liabilityand Workers' Compensation policies is it revision to the agreement
that the City will approve, since such status for the City is not available its part of'standard PLI
and Workers' Comp. policies?
1'cs.
May we also assume the intent of section 5 is not to require wholesale restructuring of CXisting
insurance programs once the coverage limits, cate�zories of insui.mce and primary standard
policy provisions are stet in it responder's insurance policies'?
I lie 'Colu tlltnnt i5 i equil'dd In Innintain tiie (Aw£1 and aimilluri of CO 1crny s lisi: d Ili
ectlon `.
In it similar vein, can it be assumed that the requirement for all policies to include endorsement
incorporating, the indemnification obligations of section d be waived, or preferably, that section
4.0 itself might be revised so that obligations included in such an amended indemnification
section may be covered by liability policies currently available to the A/is industry?
I Ire t etIniI. nt Its of +Ceti(tti =1.0 al,e UIn` sinnII IIrd CU IIt I.; I Ct I tt(II I irenI 4'.ntl .titII FItIiIIN I Ill,
it, clt ,as it iitiIiIirelttejIf s)the fintd cunfrzci; (Iut,c;QI•. if theI t it, stl^ciIit' I I IIIt, I!at,^ that
n �=girls to lIv revi<'virt' l Ura arty be dolor trait nav el,,tt cl otnisolttsitt of ibw fill)". Slli e i dI,""!
k 1 ho a;vaadCd.'f'i ert k Ilo,;u,lvaajOve Ihilt nn.v grops.x; eaon wl 1x1 it wi11 be
tic 1j;[r t,
No Text
SECTION 5: COST PROPOSAL
54 J
>'•n City of Milton
MUST BE RETURNED WITH BID
One (1) original and two (2) copies shall be submitted in a separate sealed envelope before the required
deadline. The offerors cost proposal shall be signed by an authorized agent of the company. There
is no maximum page limit to section 5.0.
The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents,
the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the
work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work;
Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to
perform all work necessary to the successful completion of the contract: and to supply all required submittals as
indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total
contract price of:
Total Price
39,400
Print Total Price In Words Thirty-nine thousand, Nine Hundred Dollars
Print/Type Company Name Here:
Pond & Company
Authorized Signature Date 4/19/2012
PrintlType Name R. Brian Bolick
Print/Type Title Vice President
Insurance Certificate
U
EXHIBIT "D"
STATE OF GEORGIA
CITY OF MILTON
CON'rRACTOR:kFFIDAVI'I' ANI) AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A- 5
6-10-91, 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-A8 in the form
provided by the City. 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 subcontractors) is
retained to perforin such service.
1155 04L49
EEV ( t8 'e Pilot Proeratn User Identification Numbci
BY: A tliorizec Officer or Ment Date
POND & COM
RQ MaMUK _
Title of Authorizedfficeror Agent of Contractor
PM G0veP _
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BE ORE ME ON THIS THE
DAY OF MA.0
My, l om ission Expires:
'i City of mala,
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "E„
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit. the andersiened subcontractor verities its compliance with O.C.G.A.
§ t? -10-91, stating affirmatively that the individual, firm or corporation which is engaged in the
physical performance of Services under a contract with POND & CONtPANY on behalf of the
City of NLitton has registered with and is participating in a tederal work authorization program, in
accordance with the applicability provisions and deadlines established in O.C.G.A. § t3-10-91.
EEV / Basic Pilot Program User Identification Number
BY: Authorized Officer or Agent Date
[insert Subcontractor Nante l
Title of Authorized Officer or Agent of Subcontractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE NIE" ON'I I IIS THE
DAY OF 20 t'_
Notary Public
NIy Commission fxPires:
n,
I
EXHIBIT 'T"
SAVE Affidavit
By executing this affidavit under oath, and as an applicant for a public benefit, as
referenced in O.C.G.A. § 50-16-1, from the City of Milton, the undersigned applicant verifies
one of the following with respect to my application for a public benefit:
1) ✓ I ant a United States citizen.
2) _____ I am a legal permanent resident of the United States.
3) I am a qualified alien or non-immigrant under the Federal Immigration and
Nationality Act with an alien number issued by the Department of Homeland
Security or other federal immigration agency.
My alien number issued by the Department of homeland Security or other federal
immigration agency is:
The undersigned applicant also hereby verifies that lie or she is 18 years of age or older and has
provided at least one secure and verifiable document, as required by O.C.G.A.
§ 50-36-1(e)(1), with this affidavit.
The secure find_ verifiable document provided with this affidavit can best be classified as:
In making the above representation tinder oath. I understand that any person who knowingly and
willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall
be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such
criminal statute.
Executed in Aloyz"r-s (city), &A (state).
gt tare i Applicant
Printed Name of Applicant
SUBSCRIBED AND SWORN
BEFORE ME ON Tf11S THE .�`0%%Milt'••.
DAY GP _ 2012 �(� NF
vIn Fes. •J= aP� ?y
NO' RY PUBLIC : W : AGaEtt0RGJA 1 ={ =
My Commission Expires: �-�%,o za, ants j 2�
�•��:UgLic.•
,.�f .,••pN COVN
1�®,City ut Milton
tv
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: May 24, 2012
Council
Meeting Date: June 4, 2012
Agenda Item: Approval of a Construction Services Agreement between the City of
Milton and Reynolds Inliner, LLC to Provide Storm Drain System
Improvements on Belleterre Drive
Discussion:
Location Map
This project is to line approximately 220 lf of storm drain line on Belleterre Drive in the vicinity
of 13710 Belleterre Drive. A sinkhole developed over the corrugated metal pipe and the
inspection revealed some corrosion and possible joint failure in the pipe.
In accordance with the city’s standard purchasing policy three bids were solicited for this work
and Reynolds Inliner, LLC was determined to be the low bid. Staff is recommending approval
of the Construction Services Agreement with Reynolds Inliner, LLC in the amount of $14,750.
Legal Review:
Paul Higbee – Jarrard & Davis, LLP – April 3, 2012
Project Location
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
Financial:
Funding for this project is available in the Repair Major Stormwater Structures capital account.
Attachments:
1. Construction Services Agreement
City of Milton
CONSTRUCTION SERVICES AGREEMENT
FOR
13710 BELLETERRE DRIVE CIDP
STORM DRAIN SYSTEM IMPROVEMENTS
This Agreement (the "Agreement") to provide intersection pedestrian improvements is
made and entered into this _ day of , 2012, 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"), Reynolds Inliner, LLC, a Georgia
corporation with its principal place of business located at 2090 Tucker Industrial Rd., Suite A -i,
Tucker, Georgia 30484 (hereinafter referred to as the "Contractor").
WITNESSETH:
WHEREAS, the City issued a Request For Bid for 13710 Belleterre Drive CIDP- Storm Drain
System Improvements, to solicit bids for drainage improvements at various locations within the
City; and
WHEREAS, based upon Contractor's bid to construct and to install the storm drain and
shoulder improvements as required by the bid documents, 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;;
B. Request For Bid RFB, attached hereto as Exhibit "A' ;
C. Proposal and Bid from Contractor dated (l Page), attached hereto as Exhibit "B";
D. Performance and Other Bonds, attached hereto collectively as Exhibit "C";
E. Plans and specifications, attached hereto collectively as Exhibit "D",
F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E";
G. Subcontractor Affidavit, attached hereto as Exhibit "F";
H. Save Affidavit, attached hereto as Exhibit "G";
1. The following which may be delivered or issued ager 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
City of Milton Code of Ethics.
In the event of any discrepancy among the Contract Documents, that provision that inures most
to the benefit of the City, as determined by the City in its sole discretion, shall govern.
Section 2 ProiEect Description
This project scope includes the cured -in-place (CIPP) lining of approximately 220 linear
feet of the City's storm drain system located at 13710 Belleterre Drive in Milton, Georgia. The
contractor has inspected this site and project and has familiarized himself with the project scope.
The contractor is responsible for any damages to private or public property, all erosion and
sediment control measures and for re -shaping for re-establishing a suitable ground cover over
any disturbed areas.
Section 3 The Work
The Work is specified and indicated in the Contract Documents (the "Work"). In the
event of any discrepancy among the Contract Documents, the provision operating most to the
benefit of the City, as determined by the City in its sole discretion, shall govern. The Work
previously described includes all material, labor, insurance, tools, equipment, and any other
miscellaneous items necessary to complete the Work as described. Contractor shall complete the
Work in strict accordance with the Contract Documents,
Section 4 Contract Time
This Contract shall take effect on . Contractor agrees to complete the
Project within 45 calendar days from the date of Notice to Proceed. Every effort will be made by
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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
$13,409 ($14,750 if all contingency funds are used). The City shall pay Contractor upon Final
Completion of the Project as such is detennined 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.
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 sale 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 $5,044, 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.
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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 Werk 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 detennining 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 perfonming 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
perforin 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
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should know that any infonnation provided by the City is erroneous, inconsistent,
or otherwise problematic.
G. Contractor's R resentative
Contractor's
representative
shall be authorized to act on
behalf with respect to the Work as. Contractor's designated
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, indernnify 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,
Iosses, 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. Contractor shall not be required to indemnify the
City or its officers, boards, commissions, elected or appointed officials,
employees or agents against liability or claims for damages, losses, or expenses,
including attorney fees, arising out of bodily injury to persons, death, or damage
to property caused by or resulting from the sole negligence of the City or its
officers, boards, commissions, elected or appointed officials, employees or agents.
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 tv 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
no
(2)
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.
Minimum Limits of Insurance: Contractor shall maintain limits no Iess
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,
itsofficials, employees, agents or volunteers.
(ii) The Contractor's insurance coverage shall be primary
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noncontributing insurance as respects to any other
insurance or self-insurance available to the City, its
officials, employees, agents or volunteers. Any insurance or
self-insurance maintained by the City, its officials,
employees or volunteers shall be excess of the Contractor's
insurance and shall not contribute with it,
(iii) Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to the City, its
officials, employees, agents or volunteers.
(iv) Coverage shall state that the Contractor's insurance shall
apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of
the insurer's liability.
(v) Coverage shall be provided on a "pay on behalf' basis,
with defense costs payable in addition to policy limits.
There shall be no cross liability exclusion.
(vi) The insurer agrees to waive all rights of subrogation against
the City, its officials, employees, agents and volunteers for
losses arising from work performed by the Contractor for
the City.
(vii) All endorsements to policies shall be executed by an
authorized representative of the insurer.
(b) Workers' Compensation Coverage: The insurer will agree to waive
all rights of subrogation against the City, its officials, employees,
agents and volunteers for losses arising from work perforrmed 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.
(iii) Policies shall include an endorsement incorporating the
Indemnification obligations assumed by the Contractor
under the terms of this Agreement, including but not
limited to Section 7(I) of this Agreement.
(i v) Policies shall include an endorsement incorporating the
Indemnification obligations assumed by the Contractor
under the terns of this Agreement, including but not
limited to Section 7(l) of this Agreement.
(5) Acceptability of Insurers: Insurance is to be placed with insurers with an
A.M. Bests' rating of no less than A: V11.
(6) Verification of Coveraie: 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 non -nal 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 Alneement, whichever is later.
(9) City as Additional Insured and Loss Payee: The City shall be gamed as an
additional insured and loss payee on all policies required by this
Agreement.
L. Employment of Unauthorized Aliens Prohibited
(1) E-VerifyAffidavits
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
r'7
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 tenninate 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.
(2)
SAVE Affidavit and Secure Verifiable Document
Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a
10
secure and verifiable document evidencing the Contractor's legal status in the
Country each time that Contractor obtains a public benefit, including any
contract, from the City. Contractor hereby verifies that it has, prior to executing
this Agreement, executed a SAVE Affidavit (to be sworn under oath under
criminal penalty of false swearing pursuant to O.C.G.A. y5' 15-10-71), a form of
which is attached hereto as Exhibit "G", and submitted such affidavit to the City
in person, electronically, or by mail. Further, Contractor verifies that it has, prior
to executing this Agreement, submitted a secure and verifiable document,
evidencing the Contractor's legal status, to the City either in person or
electronically (in compliance with the Uniform Electronic Transactions Act).
Contractor verifies that it is in compliance with the Residency Status of an
Applicant for Public Benefit, as required by the Georgia Security and Immigration
Compliance Act (a.C.G.A. § 50-35-1).
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 farm 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.
ll
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 infonnation. The Contractor agrees that confidential
information it receives or such reports, infonnation, 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. 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.
C�. Reserved
R. 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 terns of this
Agreement, if applicable.
S. 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
12
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.
T. Meetings
The Contractor is required to meet with the City's personnel, or designated
representatives, to resolve technical or contractual problems that may occur
during the term of the contract, at no additional cost to the City. Meetings will
occur as problems arise and will be coordinated by the City. The Contractor will
be given a minimum of three full working days notice of meeting date, time, and
location. Face-to-face meetings are desired. However, at the Contractor's option
and expense, a conference call meeting may be substituted. Consistent failure to
participate in problem resolution meetings, two consecutive missed or
rescheduled meetings, or to make a good faith effort to resolve problems, may
result in termination of the contract.
Section 8 Covenants of the City
A. Right of Entry
The City shall provide for right of entry for Contractor and all necessary
equipment along the Bethany Bend Road right-of-way, in order for Contractor to
complete the Work.
B. City's Rgpresentative
Jim Seeba shall be authorized to act on the City's behalf with respect to the Work
as the City's designated representative
Section 9 Warranty
Except as may be otherwise specified or agreed, the Contractor shall repair all defects in
materials, equipment, or workmanship appearing within one year from the date of Final
Completion of the Project at no additional cost to the City. 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
13
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 froin 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 II 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.
14
D. Invalidity of Provisions. Should any part of this Agreement for any reason be
declared by any court of competent jurisdiction to be invalid, such decision shall
not affect the validity of any remaining portion, which remaining portion shall
continue in full force and effect as if this Agreement had been executed with the
invalid portion hereof eliminated, it being the intention of the parties that they
would have executed the remaining portion of this Agreement without including
any such part, parts or portions which may for any reason be hereafter declared
invalid.
E. Notice. All notices requests, demands and other communications hereunder shall
be in writing and shall be deemed received, and shall be effective when personally
delivered or on the third day after the postmark date when mailed by certified
mail, postage prepaid, return receipt requested or upon actual delivery when sent
via national overnight commercial carrier to the parties at the addresses given
below, unless a substitute address shall first be furnished to the other parties by
written notice in accordance herewith:
NOTICE TO CITY shall be sent to:
City of Milton
Attn: City Manager
13000 Deerfield Parkway, Suite 107F
Milton, Georgia 30004
NOTICE TO CONTRACTOR shall be sent to:
Reynolds lnliner, LLC
2090 Tucker Industrial Rd., Suite A-1,
Tucker, Georgia 30084
F. Sovereign hmmunity_. 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. Farce 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
15
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]
16
[Reynolds Inlirler, LLC]
Signature
��z
PrintNName
Title
[AFFIX CORPORATE SEAL]
SIGNED, SEALED, AND DELIVERED
In the presence ol: _N
Witness
[NOTARY SEAL]
My C[)m wn Ex hr :
.�- U i,
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
requi red.
17
EXHIBIT "A"
REQUEST FOR BID
Is
13710 Belleterre Drive - CIPP
Storm Drain Svstem ImDrovements
BIDS DUE March 22, 2012 BV 1:00 PM
General Description of Prosect Scope: This project includes cured -in-place lining of approximately
220 linear feet of 18 inch corrugated metal pipe (CMP) located along the side property line at 13710
Belleterre Drive in the City of Milton, Georgia. The CIPP will extend from an existing catch basin
located in the street, through an existing junction box (no inside drop), and terminating at a concrete
headwall located at the rear of the property. The pipe depth is estimated to be approximately 8 feet
below grade for the majority of the length. The project should be able to be completed with only foot
traffic at the terminal end of the pipe. The contractor should visit the site prior to submitting a bid to
assure an understanding of the scope. A DVD with video of the pipe system shall be provided upon
completion of work. For additional details see attachments.
The contractor is to include a 10% contingency in the bid price. Use of contingency finds must be
approved by the City of Milton.
The contractor will be required to provide a payment bond and a performance bond as part of this
project. The costs associated with the bonds should be included in the bid price.
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 andfor 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
oT ine Dlcis.
Base Bid Amount
(Dollar Amount in Numbers)
(Company Name)
(Signature)
(Printed Name)
(hid amount includes 10% contingency)
19
Standard Notes and Specifications (Some may not apply to this project)
1.0 General Conditions
a) One lane of traffic shall be open at all times. Lane closures shall be restricted to the hours of
9 am to 4 pm.
b) Construction activity within 1000 feet on an occupied residence will be allowed Mon. -Fri.
between the hours of 7:34 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.
c) Contractor must notify the City of Milton (678) 242-2500, twenty-four (24) hours prior to
beginning constructions.
d) BuriaE 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.
e) The contractor is responsible for any damaged property which occurs as a result of this
project. The contractor shall replace any damaged property at his own expense.
f) Unless otherwise stated, the City shall provide all necessary permits and easements
associated with this project prior to issuance of the Notice to Proceed.
2.0 Materials, Equipment and Employees
a) The cvnti actor 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,
FIA
type, character and quality of product desired; and that egUlvalenf products will be
acceptable. Substitution of 3naterials, 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 prier to the
opening of bids.
e) If at any tinge 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 tlic Owner or if any workman be considered detrimental to the work. the
Contractor Shall order such parties removed immediately frorn the site.
f) The contractor shall designate a foreman/superintendent who shall direct the work.
3.0 Erosion and Sediment Control
a) The contractor will provide suitable erosion and sediment control measures so as to prevent
sediment from leaving the site. Maintenance of erosion and sediment control measures is
required at all times. The contractor shall have certified erosion and sediment control
personnel on site at all times. All NPDES, GSWCC and City of Milton guidelines should be
followed.
b) All erosion and sediment control work shall be performed in accordance with the standards
provided in the Georgia Manual for Erosion and Sediment Control in Georgia, latest edition.
c) Provide double row of Type C silt fence along the dawn slope side of all disturbed areas. All
barriers shall be in place prior to any land disturbing activities.
d) Silt fences and hay bale barriers shall be Gleaned 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.
e) 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.
f) 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.
g) No clearing beyond the limits of disturbance shown on the approved plans shall be allowed
without approval.
h) Provide matting, temporary and permanent seeding of all slope faces.
i) Provide a minimum of inch of mulching, temporary and permanent seeding of all other
disturbed areas.
! 13W. iii'RR q
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
21
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
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 small 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 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 Owner or Designer. He shall be responsible
for any damage to the Owner's 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 Owner 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 signts wanting 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
22
ay 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 Designer in
writing. If the Contractor performs any work knowing it to he contrary to such laws,
ordinances, codes, rules and regulations, and without such notice to the Owner, 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 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 be complete within 3 weeks of the Notice to Proceed.
17.0 Detail/Drawings (See Attached)
i14
I
Location Map
24
r � � or
25
EXHIBIT "B"
BID FROM CONTRACTOR
26
13710 Belleterre Drive - CI PP
Storm Drain System Improvements
BIDS DUE March 22, 2012 BY 1:00 PM 11
General Description of Protect Scope: This project includes cured -in-place tirnng of approximately 220 linear feet of
78 inch t;orrugaled metal pips (CMPj Iocaled along the side property line at 13710 Belleterre Drive in the: City of
Mdton, Georgia. The CIPP will extend from an existing catch basin located in the street, through an existing junction
box (no inside drop). and terminating at a concrete headwall located at the rear of the property The pipe depth is
estirnaled to be approximately 8 feel below grade for the majority of the length The project should be able to be
completed with only foot traffic at the terminal end of the pipe The contractor should visit the site prior to submitting
a bid to assure an understanding of the scope. A DVD with video of the pipe system shall be provided upon
completion of work. For additional details see attachments
The contractor is to inckide a 10% contingency in the bid price. Use of conlyngency funds must be approved by the
City of bfilfom
The contractor will be reputied to provide a payrnenf bond and a performance band as part of Ih+s pr*cf. The costs
associated with the bonds should be included in the bid price.
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 kn0odirsg
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 himsetffhersetf 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 Wthin the cost and schedule establishes; and agreed upon wilhln 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, transportatlan, and other facilities and services as necessary
andlor required to execute and complete the work in full in accordance with the scope of work provided to the full
salisfactlon of the city
THE BASE Bl❑ IS THE AMOUNT UPON WHICH THE BIDDER WILL BE F=ORMALLY 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.
Base Bid Amount
$14,750.00 (bid arnount includes 10%contingency)i €
(Dollar Amount in Numbersi
Reynolds ln�li er, LLC
(Co..P ny Nar ei '
(signature)
Shannon M Herford, District Manager
Name)
27
EXHIBIT "C"
BONDS
28
BOND NO.: 105776967
PERFORMANCE BOND
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT Reynolds Inliner, LLC (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
fourteen thousand seven hundred fifty dollars ($14,750), lawful money of the United States of
America, for the payment of which the Principal and the Contractor's Surety hind themselves,
their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has entered, or is about to ester, into a certain written
agreement with the City, dated the of .2012 which is incorporated
herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), far the
construction of a project known as 13710 Belleterre Drive CTAP -Storm Drain System
improvements, (hereinafter referred to as "the PROTECT").
NOW THERLrFORF,, the conditions of this obligation are as follows,
I . That if the Principal shall fully and completely perform each and al l of the tennis,
provisions and requirements of the Contract, including and during the period of
any warranties or guarantees required thereunder, and all modifications,
ainendments, changes, deletions, additions, and alterations thereto that may
hereafter be made, and if the Principal and the Contractor's Surety shall
BOND NO.: 105776967
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 ail 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 shalt be subject to
the advance written approval of the City.
The Contractor's Surety hereby waives notice of any and ail 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 impairer, 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
33
BOND NO.; 105776967
their corporate seals and caused this obligation to be signed by their duly authorized officers or
attorneys -in -fact, this -' day of 2012.
Reynolds Inliaer, LLC
Date:- -T�. 11, avia
(Name of Contractor's Surety)
Travelers Casualty and Surety
Company f America
By:
1 lam A. Kantlehner, III
Title: Attorne -in-Fact (SEAL)
Attest:
I � A. -M, ��\ (� ��
i
beborah A. Y es Gary D. Eklund
Date: Marsh L7 5 A
3560 Lenox Road NE
Suite 2400
Atlanta, GA 30326
(ATTACH SURETY'S POWER OF ATTORNEY)
34
WARN tN G
INVALID WITHOUT THE. REI} BORER
�. POWER OF ATTORNEY
TRAVELERS .J 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
4t. Paul Guardian Insurance Company
Attorney -In Fact No. 220048 Certificate No. 004675232
KNOW ALLMEIN $7'-rHF.SE PRESENTS: That St. Paul Fire and klarine Insurance Company, St. Paul Guardian lntiuratncc Company and St. Paul Mercury insurance
Company are corporations duly organized under the laws of the State orf LMinncsota, that Farmington Casualty Company, Travelers Casually- and Surety Company. and
Travelers Casualty and Sudety Compuny of America arc corporations duly organized under the 14ws of the State of Connecticut, that United States Rdelity and Guaranty
Company is a corporation duIY.organized under the iaw+ of the State of Maryland, dial Fidelity and Guaranty Insurarscr Company is a corporation duly organized under
the laws of the State of Iowa, and that Fidelity and Guaranty. Insurance UoderwritL�r,�- Iraq-_ t5 a corporation duly organized under the laws of the State of Wisconsin
!herein collectitelp called the"Comoanlc:'1. and that the Companies do hereby make x:orrslitute and appoint
Deborah A. Yates, Steven M. Garrett. William A. Kantlehner III, Thomas J. Mitchell, Jeffrey A. Brown, Diane L. Phelps,
S. Annette Mullet. Roger A. Neal, and Linda KaptNtmmer
of the City o1 Lo„icvillr State of____ ............... Katuckv their true and lawful Attorneyisl-in-Fact.
each in their separate c;tpacity if more titan tine i% named above, to sign. execute. seal and acknowledge any and all honda, recognisances. conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of gw annteeing the fidelity of persons, guaranteeing the performance of
contracts and executing tar guaranuieing hands and undertakings required or permitted in any actions or proceedings allowed by law.
Not limited to a specific dollar amount.
IN WITNESS WHEREOF, the Companies have eau. std this instrument to he signed and their corporate seals I0 he hcfcur Ld liscd. dtiti
day of January 3012
Farmington Casualty CompAny
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Intiurance Company
4th
St. Paul Mercury- Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of +imerica
United States Fidelity and Guaranty Company
Q�jG�-pM1fS•�Aiee?� V � n `r 45R S r �a�tipr�..��$/+9 .ilAy-�H S4/7�3 �,��17 iNp� �ib� oa��SjYi�
� ❑ [3 � � �'��iQttb ''i Wil: RpOha TCg 4' gLRAl' nli' i ¢ �i• � ��'
= 1 9 9 2 a � 9 �] m i I i ca° f- n= ` HARiF+aFQ, K FltrlirOLp7, J ► �m5
ww � !y' •���% 1P h bf Y "'nl Y�
State of Connecticut
City of klarttord ss.
IrSv
[-ic+rrs! "Tlivaul5srxr, rmur 'lir l'raideai
On this the `th du of .January 20.12
y . before int: pers�tu:dly appeared George W. Thompson. who acknowledged
himself uv itz the Senior Vice President of Farmington Ca ualty Company. Fidelity and Guaranty lnsurance Compu5 . Fidelity and Guaranty Insurance Underwriters,
Inc_ St_ Paul Fire and Marine Insurance Company, St. Paul Guardicu5 Insurance Company. St. Paul Mercury Insurance C.trmpany. Travelers Caswdty and Stnety
Company, Tmv4lers Casualty and Surety Company of America. and United Stares Fidelity and Guaranty Company, and that he, as ytrrlt, being authorized so to do,
executed the foregoing instrument for the putptnes therein contained by signing on behalf of the airporntions by himtielf us a duly authorized officer.
p,iET
In Witness Whereof, 1 hereunto set my hand and official seal, i�A� � .
My Cnmmissii�n expires the 30th dray of June, 3111 h. 0,iDURLIG * Marie C.'Ictreault- Maury Public
'19V �S
58440.6-11 Printed in U.S.A.
BOND NO.: 105776967
PAYMENT BOND
CITY OF MELTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT Reynolds Inliner, LLC (as
CONTRACTOR, hereinafter referred to as the "Principal"), and.
Travelers Casualty and Surety
Company of America (as SURETY COWANY, hereinafter
referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto the City of
Milton, Georgia (as O'SNNER, hereinafter referred to as the "City'), for the use and benefit of
any "Claimant," as hereinafter defined, in the sum of fourteen thousand seven hundred fifty
dollars ($14,750} 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 "CONTRAC"T"), for the construction of a project
known as 13710 Eelleterre Drive CIDP -Storm Drain System Improvements (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
29
BOND NO.: 105776967
use in the performance of the Contract, without regard to whether such tabor, services or
materials were sold, leased or rented, and without regard to whether such Claimant is or is not in
privity of the Contract wilb the Principal or any Subcontractor performing Work on the Project.
In the event of any claim made by the CIabraant 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 fiuther 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 WITN ESS WIALEREOF, the Principal and Contractor's Surety have hereunw affixed
their corporate seals and caused this obligation to be signed by their duty authorized officers on
this day of 20I2.
Reynolds Inliner, LLC
By:
'I"tle k _�. (SEAL)
(Signattires Continued on Next Page)
Attest:
61; do.
Title: &fy, I
Date: • 1 I , D 1
Att t:
Deborah A. Ya S
Date:
BOND NO.: 105775957
(Name of Contractor's Surety)
Travelers CpLsualty and Surety
Company of erica
By:
it iam A. Kantlehner, TTT
Title: Attorney -in -Fact (SEAT.)
4 ..
Gary D. Eklund
Marsh U 5 A
3560 Lenox Road NE
Suite 2400
Atlanta, CA 30326
(ATTACH SURETY'S POWER OF ATTORNEY)
WARNING: THIS POWER OF- ATTORNEY IS INVALID WITHOUT THE FIED
.aMIlk POWER OF ATTORNEY
TRAVELERS Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters. line.
St. Paul Fire and 'Marine Insurance Company
St. Paul Guardian inSurunce Company
Attorney -In Fact No. 220048
St. Paul Mercury Insurance Company
TraNclers Casualty and Surety Company
Travelers Casualty and Surety Coatpany of 4merica
United States Fidelity and Guaranty Company
Certificate No. 0 D 4 E 7 5 2 3 l
KNOW ALLMEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurmee Company. St- Paul Guardian lnsunutce Company and St. Paul Mercury Insurance
Company are Corporations duly organized under the law, of the State of M�innesota, that Farmingion Casualty Company, "I m elers Casuafry and Surety Company, and
Trayeterc Caaualty and Surety Company pfAmeriea are corporations duly organized under the lau< of the State or 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 Cnmp:cny ix a corporation duly organized under
this lawti of the Slut• of lowa.:tnd that Fidelity and Guaranty iwairance Underwriter. Inc.. is a corporation dWv orgdttized under the lows of the State of Wisconsin
therein collectively called the "Companies"), and that the Cotnpanies do hereby make, conslitute and appoint
Deborah A. Yates, Steven M. Garrett. William A. Kantlehner III, Thomas J. Mitchell. Jeffrey A. Brown. Diane L. Phelps,
S. Annette Mullet. Roger A. Neal, and Linda Kapfhaninler
of the City of - I,p„ie. illi State of Kentucky . their true and lawful AttorneyIs)-in-Fac e.
oacll 111 thelr �Zeparale cullacily if nt+lrt: 1114111 u111? is named abrn Q. I k $ Sign. CXCCitte, ,cal and ack3iowlardge any and all hr,nds. recognizanccs, conditional undertakings and
ntbCl- wrilin ti ohh:?,alory in the nature thereof ❑n behalf or the Cow 1)anies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of
ctlntract� and c�LccutiILk' or vu;trnuceing hands and undertaki%g, rtigtlired or permitted in any action![ or praccedings allowed by law.
Not Limited to a specific dollar amount.
IN WITNESS WHEREOF. the Companies have caused this in,trunlenl to be signed and their corporate seats to be hereto affixed. this 4th
day of January 20I?
Farmington Casualty Compmy
Fidelity and Guaranty bwaranee 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
TpRf ORiI f �'� �pPQRA Tp :-0�.
Y�IO 1.(17% s'+ �9J�� pyx �I: SF, 11 fn 1�t-oi ; Fl4HrF,
�45$AL:� y a'
y • h � 'N. r.NC� f. h'•••'r�bS V1�.......•*y[R Fye �y� R �A,y�
State of Conneelieut
City of Hartford ss.
13y:
Grin rbrlrtlp on,eninr h7c President
Oil this the 4th day of January 701 before me persannily appear -ed George W. Thompson, who acknowledged
himself to he the Senior Vire President of Farmington Casualty Company. Fidelity and Guaranty ln,urunce Company. Fidelity and Guaranty, tnsurunce llndeT"ters.
be.. 5t. Paul Fire and Marine Insurance Company, Si- Paul Guardian lnsuraltee Company. St. Paul Men, ury In,trmncc Company. Tr, "I,e r. C;lsnalty and Surely
Company. Travelers Cnyuahy and Surety Company of America. and U1lired St: w'.' Fidelity and Guaranty Company, and that he. Lu +uch- being authorised w to tic).
executed the fore,,ning in,tru atmI for the purpose, therein contained by silrning on behalf of the corpora[ iotu: by him4eIr as a duly authorized oPtlr:cr-
p.Ttr -%'
in Witness W'#rerenf, l hereunto set m}' hand attd nfFieial seal. ;AP?
My Commissiin expires the 301h day of June. 2016. ►Q(�L�G
58440-6-11 Printed ill l.I.S.A.
C . V -
%t:Fl-i.- t' II rl 0Ifl IIF, `.it:lr% 1'jFl1tli
EXHIBIT "D"
PLANS AND SPECIFICATIONS
There are no plan and specification exhibits for this project.
35
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-.48 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.
LMQ0-r:EaI
EEV.�Basic Pilot Pr am User Identification Number
BY: Authorized Officer or Agent Date
Reynolds Inliner, LLC
Title of Authorized Officer or Agent of Contractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME - THIS E
DAY OF p 12012
M Commission ExpireO
36
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, finn or corporation which is engaged in the
physical perfonnance of services under a contract with Reynolds lnliner, LLC on behalf of the
City of Milton has registered with and is participating in a federal work authorization prograin, in
accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91.
EEV 1 Basic Pilot Program User Identification Number
BY: Authorized Officer or Agent Date
Subcontractor Name
Title of Authorized Officer or Agent of Subcontractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
DAY OF , 2012
Notary Public
My Commission Expires:
37
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "G"
SAVE Affidavit
By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in
O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with
respect to my application for a public benefit:
1) .t I am a United States citizen.
2} I am a legal permanent resident of the United States.
3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act
with an alien number issued by the Department of Homeland Security or other federal
immigration agency.
My alien number issued by the Department of Homeland Security or other federal
inunigration agency is:
The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided
at least one secure and verifiable document, as required by O.C.G.A.
§ 50-36-1(e)(1), with this affidavit.
The secure and verifiable document provided with this affidavit can best be classified as:
In making the above representation under oath, I understand that any person who knowingly and willfully
makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a
violation of O.C.G.A_ § 16-10-20, and face criminal penalties as allowed by such criiminal statute.
Executed in
(city), (state).
Signature of Applicant
-
Printed Name of Applicant
SUBSCR-14ED AND SWORN
r E ORE M O THIS THE
AY O , 201A
NOTARY PUBLIC
My Commission Ex u- s:
38
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: May 24, 2012
Council
Meeting Date: June 4, 2012
Agenda Item: Approval of a Professional Services Agreement between the City of
Milton and Wolverton & Associates, Inc. to Provide Traffic Signal
Timing Assistance along the Highway 9 Corridor
Discussion:
The primary detour route for the Cogburn Road bridge construction is along the
Highway 9 corridor. This contract is to provide assistance to optimize the signal
timing, to the extent that we can, to account for the increased traffic along this
corridor.
Wolverton & Associates, Inc. was selected to perform these services in accordance with the
city’s standard purchasing policy for the procurement of professional services. Staff is
recommending approval of the Professional Services Agreement with Wolverton & Associates,
Inc. in the amount of $5,500.
Legal Review:
Paul Higbee – Jarrard & Davis, LLP – May 16, 2012
Financial:
Funding for this project is available in the Bridge Replacement Program capital account.
Attachments:
1. Professional Services Agreement
1 City of Milton
PROFESSIONAL SERVICES AGREEMENT — SHORT FORM
AGREEMENTS $10,000.00 OR LESS
Traffic Signal Timing
This Professional Services Agreement (the "Agreement") is made and entered into this day of
2012, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as
the "City"), and Wolverton & Associates, Inc. (hereinafter referred to as the "Consultant").
WITNESSETH THAT:
WHEREAS, the City desires to employ a Consultant to perform the services described herein (the
"Work"); and
WHEREAS, Consultant has familiarized itself with the Contract Documents, as defined below, the Work,
and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations.
NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein
and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as
follows:
Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto
and incorporated herein by reference, constitute the "Contract Documents":
EXHIBIT A INSURANCE CERTIFICATE
EXHIBIT B CONSULTANT AFFIDAVIT AND AGREEMENT
EXHIBIT C SUBCONTRACTOR AFFIDAVIT
EXHIBIT D SAVE AFFIDAVIT
To the extent that there may be any conflict among the Contract Documents, the provision operating most
to the benefit of the City shall govern.
Section 2. The Work: Consultant shall provide all Work described in the Contract Documents.
Unless otherwise stated in the Contract Documents, the Work shall include Consultant's provision of
materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally
described professional engineering services related to signal timing along the Highway 9 corridor.
Consultant will revise the existing timings for the signals along SR 9 from Windward Parkway to Bethany
Bend per the bridge closure along Cogburn Road. Consultant will revise the signal timings in the
controllers for all timing plans and put the existing timings back into the controllers once the det Wr nas
ended. Consultant will be on site during the day Monday (May 21) and later during the week as necessary
to move the traffic per the detour conditions. These shall be provided at the direction and supervision of
the City of Milton.
Section 3. Contract Time: Consultant understands that time is of the essence of this Agreement and
warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress
of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a
written "Notice to Proceed" from the City and shall fully complete the Work within 90 days of the
"Notice to Proceed".
Page 1 of 4
Section 4. Work Chances: Any changes to the Work requiring an increase in the Contract Price, as
defined below, shall require a written change order executed by the City in accordance with its purchasing
regulations.
Section 5. Compensation and Method of Payment: City agrees to pay Consultant for the services
performed and costs incurred by Consultant upon the City's certification that the services were actually
performed and costs actually incurred in accordance with this Agreement. Compensation for services
performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's
receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the
services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted.
The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of
$5,500 (the "Contract Price"), except as outlined in Section 4 above. Consultant shall take no calculated
risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform
the Work within the budgetary limitations established without disregarding sound principles of
Consultant's industry, Consultant will give written notice thereof immediately to the City.
Section 6. Covenants of Consultant
A. Assignment of Agreement: Consultant covenants and agrees not to assign or transfer any interest
in, nor delegate any duties of this Agreement, without the prior express written consent of the
City.
B. Responsibility of Consultant and Indemnification of City: Consultant covenants and agrees to
take and assume all responsibility for the services rendered in connection with the Work.
Consultant shall bear all losses and damages directly resulting to it on account of the negligent
performance or character of the services rendered pursuant to this Agreement. Consultant shall
defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and
appointed officials, employees and agents from and against any and all claims, suits, actions,
liability, judgments, damages, losses, and expenses, including but not limited to, reasonable
attorney's fees, which are the result of willful or negligent acts, or tortious conduct to the extent
arising out of the negligent performance of contracted services, or operations by Consultant, any
sub -consultant, anyone directly employed by Consultant or sub -consultant or anyone for whose
negligent acts Consultant or sub-conconsultant may be liable, regardless of whether or not the
negligent act is caused in part by a party indemnified hereunder.
C. Independent Consultant: Consultant hereby covenants and declares that it is engaged in an
independent business and agrees to perform the Work as an independent Consultant, not as agent
or employee of City. Inasmuch as City and Consultant are parties independent of one another,
neither has the authority to bind the other to any third person or otherwise to act in any way as
the representative of the other, unless otherwise expressly agreed to in writing by both parties.
Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow
any employee to do so, unless specifically authorized, in advance and in writing, and then only
for the limited purpose stated in such authorization. Consultant shall assume full liability for any
contracts or agreements Consultant enters into on behalf of City without the express knowledge
and prior written consent of City.
D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this
Agreement, insurance approved by the City as shown on Exhibit "A".
Page 2 of 4
E. Licenses, Certifications and Permits: Consultant covenants and declares that it has obtained and
will maintain all diplomas, certificates, licenses, permits or the like required by any national,
state, regional, City, and local boards, agencies, commissions, committees or other regulatory
bodies to perform the Work. Consultant shall comply with applicable legal requirements and
meet the standard of quality ordinarily expected of its industry.
F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the
process of being prepared for the Work by Consultant ("materials") shall be the property of the
City and the City shall be entitled to full access and copies of all materials. All copyrightable
subject matter in all materials is hereby assigned to the City and Consultant agrees to execute
any additional documents necessary to evidence such assignment.
G. Consultant's Representative: Mario Macrina shall be authorized to act on Consultant's behalf with
respect to the Work as Consultant's designated representative.
H. Confidentiality: Consultant acknowledges that it may receive confidential information of the
City and that it will protect the confidentiality of any such confidential information and will
require any of its sub -consultants, consultants, and/or staff to likewise protect such confidential
information.
I. Meetings: Consultant shall meet with 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 City.
Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall
perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the
same profession currently practicing under similar circumstances at the same time and in the same or
similar locality.
Section 8. Termination: The City may terminate this Agreement for convenience at any time upon
written notice to Consultant. Provided that no damages are due to the City for Consultant's breach of this
Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein.
Section 9. Miscellaneous
A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia.
B. 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.
C. 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.
D. E -Verify Affidavits. 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 Consultant shall provide evidence on City -provided forms, attached hereto as Exhibit `B" and "C",
that it and Consultant'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 Consultant's and Consultant's subcontractors' verification
Page 3 of 4
process to determine that the verification was correct and complete. The Consultant and Consultant'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 Consultant or Consultant's subcontractors employ unauthorized aliens on City
contracts. By entering into a contract with the City, the Consultant and Consultant'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 Consultant or Consultant's subcontractors are found to
have employed an unauthorized alien, the City Manager or his/her designee may order the Consultant to
terminate or require its subcontractor to terminate that person's employment immediately and to report
same to the Department of Homeland Security. The Consultant's failure to terminate the employee, or
otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the
Consultant 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.
Consultant agrees that, in the event the Consultant employs or contracts with any subcontractor(s) in
connection with this Agreement, the Consultant will secure from the subcontractor(s) such
subcontractor(s') indication of the above employee -number category that is applicable to the
subcontractor.
Consultant's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be
attested by the execution of the contractor's affidavit attached as Exhibit "B."
The above requirements shall be in addition to the requirements of State and federal law, and shall be
construed to be in conformity with those laws.
E. SAVE Affidavit and Secure Verifiable Document. Pursuant to O.C.G.A. § 50-36-1, the City must obtain
a SAVE Affidavit and a secure and verifiable document evidencing the Consultant's legal status in the
Country each time that Consultant obtains a public benefit, including any contract, from the City.
Consultant hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to
be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form
of which is attached hereto as Exhibit "D", and submitted such affidavit to the City in person,
electronically, or by mail. Further, Consultant verifies that it has, prior to executing this Agreement,
submitted a secure and verifiable document, evidencing the Consultant's legal status, to the City either in
person or electronically (in compliance with the Uniform Electronic Transactions Act). Consultant
verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required
by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1).
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first
above written.
[SIGNATURES ON THE FOLLOWING PAGE]
Page 4 of 4
[Wolverton & Associates,
Signature: A Printed Name: 71A Ill, s Wrt
Title:
[AFFIX CORPORATE SEAL]
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
Page 5 of 4
Exhibit "A"
Insurance Certificate
TOBI
ACORO'DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 5/18/2012
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 pollcy(tes) 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 (678) 690-5990 NAME; Billie Towles ....—...
Crow Friedman Group of Georgia, Inc. a"Co"N Ext): 678 690-5990 c Na : 678 690-5992
1255 Lakes Pkwy ADDRESS! billie crowfriedman.com
Bldg 100 Suite 120 ER WOLV&AS-01
Lawrenceville, GA 30043
INSURERS AFFORDING COVERAGE NAIC r{
INSURED Wolverton & Associates, Inc. INSURERA:Charter Oak Fire Insurance Company 25615
6745 Sugarloaf Pkwy. INSURERB:Phoenix Insurance Com an 25623
Suite 100 INSURER C :Travelers Property & Casualty Co. of Amer€c 25658
Duluth, GA 30097 INSURER DAL Spedalty Insurance Company 37885
INSURER E
INSURER F
+f1\ICD •nCC P•C r]TICI!`A TC K11iaacoo. 92P\/ISIr1W IJIIMRFR•
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. _
tLTR TYPE OF INSURANCE ADDL SUVIM BR POLICY NUMBER MMJD1 DffYYY MM160ylYYYYI LIMITS
GENERAL LIABILITYI
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ 1,000,00
-DAMAGE To RENT 0
PREMISES Ea occurrenoa $ 1,000,00
A
X COMMERCIAL GENERAL LIABILITY
X1680 -1445L661
511/2012
51112013
MED EXP (Any one person) $ 10,000
CLAIMS -MADE I X I OCCUR
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'LAGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $ 2,000,00
$
POLICY X PRO I LOC
B
AUTOMOBILE
X
LIABILITY
ANY AUTO
BA-2008MB83
5/1/2012
511/2013
COMBINED SINGLE LIMIT $ 1,000,00
(Ea accident)
BODILY INJURY (Per person) $
ALL OWNED AUTOS
BODILY INJURY (Per accidenl) $
X
SCHEDULED AUTOS
HIRED AUTOS
PROPERTY DAMAGE
(Per accident) $
$
X
NON -OWNED AUTOS
$
—
j X
UMBRELLA LIAB
X OCCUR
EACH OCCURRENCE $ 5,000,00
AGGREGATE $ 5,000,00
CFx
j
EXCESS LIAB
CLAIMS -MADE
CUP -6218Y123
511/2012
5/1/2013
DEDUCTIBLE
$
$
RETENTION $ 10,000
B
WORKERS COMPENSATIONX
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y
IUB -5884Y607
51112012
51112013
WC STAN- OTH-
TORY.tJ MITS ER
E.L. EACH ACCIDENT $ 1,000,00
E L. DISEASE - FA EMPLOYEE $ 1,000,00
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
NIA
EL DISEASE -POLICY LIMIT $ 1,000,00
If yes, describe under
DESCRIPTION OF OPERATIONS below
D
Liability
IDPR9697491
10/2912011 i 1012912012
Each Claim $2,000,000
D
�Professional
Professional Liability
I
IDPR9697491
1012912011 1 1012912012
Aggregate $5,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
Project: Highway 9 Signal Timing for the City of Milton, GA
I -A nv-�I i A iuIni
lcJ Tytfif-LVUy AI.VRIJ l,.vRrvl'W l lvrv. nil nyiira [cavi Veu.
ACORD 25 (2009109) 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
Milton, GA 30004 -
AUTHORIZED REPRESENTATIVE
lcJ Tytfif-LVUy AI.VRIJ l,.vRrvl'W l lvrv. nil nyiira [cavi Veu.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "B"
CONSUL'T'ANT 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 provided by the City. Consultant
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.
110645
E V 1 asic Pilot Program User Identification Number
f A AAAn4��D
�-
BY-: iorized (f1«er or Agent Date
Wolverton & Associates, Inc.
Executive Director of Human Resources
Title of Authorized Officer or Agent of Contractor
Michelle Rivers, SPHR
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_1,7�1)AY OF 201a-
Nol ary Public
My Commission Expires.
LEBLIE M BAXTER
g`P �OT4#
NOTARY MM, GWINNETT000NTY, GEORGIA
_ �•� : Q
—
W COMM. EXP= 411116dV
g
e
....�
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STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "C"
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its c fiance with O.C.G.A. § 13-10-
91, stating affirmatively that the individual, firm or corporation "".h is engaged in the physical
performance of services under a contract with Wolverton FA iate 'Inc. on behalf of the City of
Milton has registered with and is participating in a federalthorization program, in accordance
with the applicability provisions and deadlines established in. § 13-10-91.
EEV / Basic Pilot Program User Identification Numb
BY: Authorized Officer or Agent Date
Insert Subcontractor Name
Title of Authorized Officer or em of Subcontractor
Printed Name of Authori d Officer or Agent
SUBSCRIBED AN SWORN
BEFORE ME O HIS THE
DAY OF , 201_
Notary Public
My Commission Expires:
STATIC: OF GEORGIA
CITY OF MILTON
EXHIBIT "D"
SAVE AFFIDAVIT
By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in
O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with
respect to my application for a public benefit:
1) X 1 am a United States citizen.
2) I am a legal permanent resident of the United States,
3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act
with an alien number issued by the Department of Homeland Security or other federal
immigration agency.
My alien number issued by the Department of Homeland Security or other federal
immigration agency is:
The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided
at least one secure and verifiable document, as required by O.C.G.A.
§ 50-36-I(e)(1), with this affidavit.
The secure and verifiable document provided with this affidavit can best be classified as:
Drivers License
In making the above representation under oath, I understand that any person who knowingly and willfully
makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a
violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute.
Executed in Duluth
SUBSCRIBED AND SWORN
(city), Georgia (state),
Signal i1-.-Xpp1ic. r1l,
Michelle Rivers, SPHR
Printed Name of Applicant
Bp: ORE ME ON THIS THE
]AY OF , 20 l�
��,�tt���f�++►
••�•'�`�E M
f'ARY PUBLIC
My commission expires:
Z�L1G ��
•r
lE6lEtWBAX191
�aUNT� �•`•
NOpIpIfP=MNW001 RGEORGIA
W MR WM 4019
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: John Rebar, Parks and Recreation Director
Submission Date: May 18, 2012
Meeting Date: June 4, 2012
Agenda Item: Approval of an Agreement between the City of Milton and Southern
Outdoor Cinema, LLC for the “Movies in the Park” Events on June 2,
July 7, and August 4, 2012
Background:
The City of Milton will be hosting three outdoor movie events called “Movies in the Park”
through Southern Outdoor Cinema the first Saturday of June, July, and August (June 2, July 7,
and August 4), at Northwestern Middle School.
Discussion:
Southern Outdoor Cinema is a company that provides equipment and services for outdoor
movies events. They produce the “Movies in the Park” summer movie series throughout metro-
Atlanta and allow various municipalities to host movie showings. Southern Outdoor Cinema
secured Northside Hospital Forsyth as an event sponsor. There is no exchange of money for
this event. The City is responsible for securing an appropriate venue, marketing the event, and
handling security and parking as needed. The only expense to the City will be minimal staff
time, rental of Northwestern Middle School’s restroom facilities, and outdoor lighting for the
event. The movie selected for the June event is “Alvin and the Chipmunks: Chipwrecked”, the
July event will be “The Three Stooges”, and the August movies have yet to be released, but will
be determined ASAP.
Legal Review: Paul Higbee, Jarrard & Davis on May 10, 2012
Attachments:
An agreement between the City of Milton and Southern Outdoor Cinema, LLC for the “Movies
in the Park” events on June 2, July 7, and August 4, 2012.
CITY LICENSE AGREEMENT
In consideration of the mutual promises made herein, this License Agreement is entered into on this
1Lday of May, 2012 by and between The City of Milton, Georgia (hereinafter "City") and
Southern Outdoor Cinema, LLC (hereinafter "SOC"); the parties do hereby agree as provided
below.
1. Licensed Use:
a. City hereby licenses to SOC and SOC hereby licenses from City the use of the Northwestern
Middle School grounds (located at 12805 Birmingham Highway, Milton, Georgia 30004, the
"Premises,", being property of the Fulton County Board of Education used by the City pursuant to a
Use Agreement/Application for use of School Facilities) for motion picture performances
(hereinafter referred to collectively as the "Attraction") on June 2 ("Alvin and the Chipmunks:
Chipwrecked"), July 7 ("The Three Stooges"), and August 4, 2012 (motion picture to be approved by
the City at least seven (7) days prior to the event), from 7:30 pm to 11:00 pm each day. SOC may
begin setup activities each day at 6:00 pm and shall vacate the property no later than midnight each
day. This Agreement shall terminate at 11:00 pm on August 4, 2012.
b. Notwithstanding any contrary provision hereunder, City shall have the right to take any
actions necessary to prevent the creation of any nuisance to adjacent property owners due to SOC's
presentation of the Attraction, including but not limited to reducing the amplification or volume of
any speakers or sound system associated with the Attraction.
2. Services Provided by City:
a. City will designate who shall be responsible to SOC as official agent of City.
b. City agrees to allow SOC to present the Attraction and to furnish for that purpose the
Premises (i.e. a flat, 40' x 40' grassy area clear of overhead power lines or trees, such area to be
accessible by vehicle with trailer), restroom facilities lighted, heated and cleaned, and available
drinking water via the water fountain. If restroom facilities and/or running drinking water are not
available, other arrangements will be provided. City will provide reasonable traffic control and
security.
C. The Premises shall become available to SOC for the taking in of equipment as
outlined above. City shall provide SOC notification and/or marking of any underground utilities on
the Premises, such as cables and sprinklers. City will ensure that any sprinklers are turned off during
use of the Premises by SOC.
d. City will provide SOC a space in the Premises for SOC to provide a moonwalk, and
face painting, as well as sell concessions including popcorn, snow cones, and other items previously
approved by the City. SOC retains 100% of proceeds from face painting and concessions sold.
e. City will promote the Attraction through reasonable advertising and on the City's
website.
f. City will provide adequate trash receptacles throughout the Premises, which shall be
maintained and kept clean by City. City will provide clean up of the Premises after each Attraction.
g. City will provide adequate lighting for the parking lot.
h. City retains the right and may exercise at any time supervision of the Premises during
any time SOC has licensed the aforementioned space, so long as it does not interfere with the normal
workings of SOC. City will designate a person(s) to SOC who shall be responsible for said
supervision.
3. Services Provided by SOC:
a. SOC will designate who shall be responsible to City as official agent of SOC.
b. SOC agrees to furnish the Attraction (via a 35 foot outdoor cinema system with
portable generator, moonwalk, face painter, and concessions, and set up, operation and removal of
same) for presentation at the Premises at no cost whatsoever to City, including, but not limited to, the
legal permission of the copyright owner, and everything necessary to the Attraction not herein agreed
to be furnished by City. SOC's funding for the Attraction will be from third party sponsors approved
by City. Equipment of SOC shall remain at all times the sole and exclusive property of SOC, and the
City shall have no right, title, or interest therein or thereto, except as may be expressly set forth
otherwise in this Agreement.
C. SOC will not deliver any physical materials for the Attraction until the time that they
are scheduled to be received at the Premises, unless City provides SOC with prior written
authorization to do so. All materials belonging to the Attraction must be removed promptly after the
event, unless otherwise agreed upon by both parties. City shall not be held responsible for any
property of SOC that is left on the Premises.
d. All expenses incurred by City directly or indirectly as a result of the use of the
Premises by SOC, excepting only those expenses or costs specifically set forth in this Agreement as a
responsibility of City, shall be paid by SOC. Normal usage and wear to Premises and parking lot,
and/or expenses incurred or caused by patrons in attendance of the Attraction, are sole responsibility
of City.
e. SOC shall comply immediately with all directives of City and the Fulton County
Board of Education in regard to health, safety and security matters at the Premises and with all
written rules and regulations relating to the Premises. This provision shall be enforceable by City,
and failure of SOC to comply with the terms thereof shall be grounds for immediate termination of
this Agreement by City.
f. SOC shall comply with all rules and regulations governing of City and the Fulton
2
County Board of Education and with all rules, laws, ordinances, regulations and orders of
governmental authorities, including non-discrimination requirements. City shall not be liable to
SOC for damages resulting from any diminution or deprivation of SOC's rights under this
Agreement on account of the exercise of any such authority as provided in this paragraph.
g. SOC shall indemnify, save and hold harmless City and the Fulton County Board of
Education from any liability, damages or claims resulting from:
i. the violation or infringement of any copyright, patent, trademark, or similar
intellectual property right, right of privacy or other statutory or common law
right of any person, firm or corporation;
ii. the defamation of any person, firm, or corporation;
iii. any and all loss and/or damage to the City or its property caused by the SOC
and/or by participants in any performance of the Attraction; or
iv. Injury to personal property or the person of, or the -death of, any individual
present on the Premises.
4. Special Provisions:
a. In the event an Attraction is prevented or rendered impossible or infeasible by any act
or regulation of any public authority or bureau, tumult, strike, epidemic, interruption in or delay of
transportation, war condition or emergencies, or any other cause beyond the control of SOC or City,
it is understood and agreed that there shall be no claims for damages by either parry to this
Agreement, and SOC's obligation to provide any such Attraction shall be deemed waived. The
parties agree that any time during the event that the weather looks threatening (i.e. imminent rain,
rain, looming thunder clouds, or dangerous winds capable of damaging equipment) SOC reserves the
right to protect its own equipment by canceling setup/production. The parties agree that SOC
reserves the right to delay setup or pause the production until suitable weather conditions exist. City
and SOC agree to decide by noon on the day of the Attraction to cancel or continue the Attraction
due to weather conditions. Conditions that would cause a weather cancellation are defined as 40%
chance of rain, wind gusts above 24 mph, and continual rain / thunder showers. The source of
weather condition information will be www.weather.com. If, due to weather, an Attraction is
cancelled before equipment setup, the Attraction will be rescheduled on a mutually agreed upon date
within thirty (30) days. If an Attraction is cancelled after equipment setup, the Attraction will not be
rescheduled.
b. In the event SOC refuses or neglects to provide any of the items herein stated, or fails
or refuses to make any of the payments as provided herein or to proceed with the Attraction, City
shall have no obligation to perform this Agreement.
C. Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure
and verifiable document evidencing SOC's legal status in the Country each time that Contractor
obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has,
prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under
criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached
3
hereto as Exhibit "A", and submitted such affidavit to the City in person, electronically, or by mail.
Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and
verifiable document, evidencing SOC's legal status, to the City either in person or electronically (in
compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in
compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia
Security and Immigration Compliance Act (O.C.G.A. § 50-36-1).
d. SOC shall maintain during the term of this Agreement insurance (naming the City and
the Fulton County Board of Education as additional insured) as described -in Exhibit "B," attached
hereto and incorporated herein by reference.
This Agreement shall not be changed, modified or varied except by a written statement signed
by all parties hereto. Neither party may assign this Agreement without the express written
consent of the other party. Each of the individuals who executes this Agreement agrees and
represents that he is authorized to execute this Agreement on behalf of the respective entity.
Accordingly, City and SOC both waive and release any right to contest the enforceability of this
Agreement based upon the execution and/or approval thereof. SOC acknowledges that SOC's
relationship to City with respect to this Agreement is that of an independent contractor and not an
employee of City and that this Agreement creates no joint venture between City and SOC.
IN WITNESS HEREOF the parties hereto have set hands and seals the day and year first above
written:
For the City
For
c
1�
Name/Title: Paul Murray, Member/Ma
19der
City of Milton, Georgia Southern Outdoor Cine , LLC
13000 Deerfield Parkway, Suite 107 4920 Atlanta Highwa MB304
Milton, GA 30004 Alpharetta, GA 30004
L
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT 64A99
SAVE Affidavit
By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in
O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with
respect to my application for a public benefit:
1) I am a United States citizen.
2) I am a legal permanent resident of the United States.
3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act
with an alien number issued by the Department of Homeland Security or other federal
immigration agency.
My alien number issued by the Department of Homeland Security or other federal
immigration agency is:
The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at
least one secure and verifiable document, as required by O.C.G.A.
§ 50-36-1(e)(1), with this affidavit.
The secure and verifiable document provided with this affidavit can best be classified as:
In making the above representation under oath, I understand that any person who knowingly and willfully
makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of
O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute.
Executed in /'����t� r� f-�j�_ (city), 6/q (state).
Signature of Applicant
Printed Name of Applica
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
A DAY OF /lit , 20 f k
NJOTARY P1, LIC
My Commission Expires: Public, Fulton County, Georgia
My Commission Expires August 29, 2015
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: John Rebar, Parks and Recreation Director
Submission Date: May 18, 2012
Meeting Date: June 4, 2012
Agenda Item: Approval of a License Agreement for Local Government Entities
between Broadcast Music, Inc. and the City of Milton, Georgia
Background:
BMI is an entity that seeks to protect copyright law with regards to music. All local
governments that may hold events and activities are asked to complete this license agreement.
Discussion:
Because we are holding special events and activities that may involve the use of copyrighted
music, we have been asked to complete this license agreement with BMI. There is an annual fee
associated with this license agreement that is based on population. Our fee is $320 per year. This
is standard agreement that all local governments would complete. I am familiar with BMI due
to my experience with other municipalities where an agreement and annual fee was in place.
Legal Review: Paul Higbee, Jarrard & Davis on May 11, 2012
Attachments:
A License Agreement for Local Government Entities between Broadcast Music, Inc. and the City
of Milton, Georgia
BMIMusic License for Local Governmental Entities
1. DEFINITIONS
(a) LICENSEE shall include the named entity and any of its constituent bodies, departments, agencies or leagues.
(b) Premises means buildings, hospitals, airports, zoos, museums, athletic facilities, and recreational facilities, including, but not
limited to, community centers, parks, swimming pools, and skating rinks owned and/or operated by LICENSEE and any site which
has been engaged by LICENSEE for use by LICENSEE.
(c) Recorded Music means music which is performed at the Premises by means other than by live musicians who are performing at
the Premises, including, but not limited to (1) compact disc, audio record or audio tape players (but not including "jukeboxes"); (2)
videotape, videodisc or DVD players; (3) music performed as an accompaniment to karaoke; (4) the reception and communication
at the premises of radio or television transmissions which originate outside the Premises, and which are not exempt under the
Copyright Law; or (5) a music -on -hold telephone system operated by LICENSEE at the Premises.
(d) Live Entertainment means music that is performed at the Premises by musicians, singers and/or other performers.
(e) BMI Repertoire means all copyrighted musical compositions written and/or published by BMI affiliates or members of BMI-affiliated
foreign performing rights societies, including compositions written or published during the Term of this Agreement and of which BMI
has the right to license non -dramatic public performances.
(f) Events and Functions means any activity conducted, sponsored, or presented by or under the auspices of LICENSEE. Except as
set forth in Paragraph 2 (d) below, "Events" and "Functions" shall include, but are not limited to, aerobics and exercise classes,
athletic events, dances and other social events, concerts, festivals, arts and crafts fairs, and parades held under the auspices of, or
sponsored or promoted by, LICENSEE on the Premises.
(g) Special Events means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of
limited duration presented by LICENSEE for which the "Gross Revenue" (as defined in Schedule B) of such Special Event exceeds
$25,000.
2. BMI GRANT
(a) BMI grants and LICENSEE accepts a non-exclusive license to perform, present or cause the live and/or recorded public
performance on the "Premises" and at "Events" and "Functions", and not elsewhere or otherwise, non -dramatic renditions of the
separate musical comprsitions in the "BMI Repertoire". The performances licensed under this Agreement may be by means of
"Live Entertainment" or "Recorded Music".
(b) This license does not authorize (1) the broadcasting, telecasting or transmission or retransmission by wire, Internet, website or
otherwise, of renditions of musical compositions in EMI's Repertoire to persons outside of the Premises, other than by means of a
music -on -hold telephone system operated by LICENSEE at the Premises; and (2) performances by means of background music
(such as Muzak) or other services delivered to the Premises. Nothing in this Paragraph shall be deemed to limit LICENSEE's right
to transmit renditions of musical compositions in the BMI Repertoire to those who attend Events or Functions on the Premises by
means of teleconferencing, videoconferencing or similar technology.
(c) This license is limited to non -dramatic performances, and does not authorize any dramatic performances. For purposes of this
Agreement, a dramatic performance shall include, but not be limited to, the following: (1) performance of a "dramatico-musical
work" (as hereinafter defined) in its entirety; (2) performance of one or more musical compositions from a "dramatico-musical work"
(as hereinafter defined) accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work from which
the music is taken; (3) performance of one or more musical compositions as part of a story or plot, whether accompanied or
unaccompanied by dialogue, pantomime, dance, stage action, or visual representation; and (4) performance of a concert version of
a "dramatico-musical work" (as hereinafter defined). The term "dramatico-musical work" as used in the Agreement, shall include,
but not be limited to, a musical comedy, opera, play with music, revue, or ballet.
(d) This license does not authorize performances: (1) at any convention, exposition, trade show, conference, congress, industrial show
or similar activity presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under the auspices
of LICENSEE, is presented entirely on LICENSEE's Premises, and is not open to the general public; (2) by or at colleges and
universities; (3) at any professional sports events or game played on the Premises; (4) at any permanently situated theme or
amusement park owned or operated by LICENSEE; (5) by any symphony or community orchestra; and (6) by means of a coin
operated jukebox.
3. REVIEW OF STATEMENTS AND / OR ACCOUNTINGS
(a) BMI shall have the right to require such reasonable data necessary in order to ascertain the Annual License Fee.
(b) BMI shall have the right, by its authorized representatives, at any time during customary business hours, to examine the books and
records of account of LICENSEE to such extent as may be necessary to verify the statements made hereunder. BMI shall consider
all data and information coming to its attention as a result of any such examination of books and records as completely confidential.
(c) BMI shall have the right to adjust LICENSEE's Annual License Fee based upon the most recently available revised population
figures provided by the U. S. Census Department.
Page 1 of 4
4. LATE PAYMENT AND SERVICE CHARGES
BMI may impose a late payment charge of one and one-half
percent (1'/z%) per month, or the maximum rate permitted by
law, whichever is less, from the date payment is due on any
payment that is received by BMI more than thirty (30) days after
the due date. BMI may impose a $25.00 service charge for each
unpaid check, draft or other means of payment LICENSEE
submits to BMI.
5. BMI COMMITMENT TO CUSTOMER/ INDEMNITY
So long as LICENSEE is not in default or breach of this
Agreement, BMI agrees to indemnify, save harmless, and defend
LICENSEE and its officers, and employees, from and against
any and all claims, demands, or suits that may be made or
brought against them with respect to the performance of any
musical works which is licensed under this Agreement at the time
of performance. LICENSEE agrees to give BMI immediate
notice of any such claim, demand, or suit, to deliver to BMI any
papers pertaining thereto, and to cooperate with BMI with
respect thereto, and BMI shall have full charge of the defense of
any such claim, demand, or suit.
6. BREACH OR DEFAULT/ WAIVER
Upon any breach or default of the terms and conditions
contained herein, BMI shall have the right to cancel this
Agreement if such breach or default continues for thirty (30) days
after LICENSEE's receipt of written notice thereof. The right to
cancel granted to BMI shall be in addition to any and all other
remedies which BMI may have. No waiver by BMI of full
performance of this Agreement by LICENSEE in any one or
more instances shall be deemed a waiver of the right to require
full and complete performance of this Agreement thereafter or of
the right to cancel this Agreement with the terms of this
Paragraph.
7. CANCELLATION OF ENTIRE CATEGORY
BMI shall have the right to cancel the Agreement along with the
simultaneous cancellation of the Agreements of all other
licensees of the same class and category as LICENSEE, as of
the end of any month during the Term, upon sixty (60) days
advance written notice.
8. ASSIGNMENT
This license is not assignable or transferable by operation of law
or otherwise. This license does not authorize LICENSEE to
grant to others any right to perform publicly in any manner any of
the musical compositions licensed under this Agreement, nor
does it authorize any public performances at any of the Premises
in any manner except as expressly herein provided.
9. ARBITRATION
All disputes of any kind, nature, or description arising in
connection with the terms and conditions of this Agreement,
except for matters within the jurisdiction of the BMI Rate Court,
shall be submitted to the American Arbitration Association in the
City, County, and State of New York, for arbitration under its then
prevailing arbitration rules. The arbitrator(s) to be selected as
follows: Each of the parties shall, by written notice to the other,
have the right to appoint one arbitrator. If, within ten (10) days
following the giving of such notice by one party, the other shall
not, by written notice, appoint another arbitrator, the first
arbitrator shall be the sole arbitrator. If two arbitrators are so
appointed, they shall appoint a third arbitrator. If ten (10) days
elapse after the appointment of the second arbitrator and the two
arbitrators are unable to agree upon a third arbitrator, then either
party may, in writing, request the American Arbitration
Association to appoint the third arbitrator. The award made in
the arbitration shall be binding and conclusive on the parties and
judgment may be, but not need be, entered in any court having
jurisdiction. Such award shall include the fixing of the costs,
expenses, and attorneys' fees of arbitration, which shall be bome
by the unsuccessful party.
10. NOTICES
Any notice under this Agreement will be in writing and deemed
given upon mailing when sent by ordinary first-class U.S. mail to
the party intended, at its mailing address stated, or any other
address which either party may designate. Any such notice sent
to BMI shall be to the attention of the Vice President, Licensing
Department at 10 Music Square East, Nashville, TN 37203. Any
such notice sent to LICENSEE shall be to the attention of the
person signing the Agreement on LICENSEE's behalf or such
person as LICENSEE may advise BMI in writing.
11. MISCELLANEOUS
The fact that any provisions are found by a court of competent
jurisdiction to be void or unenforceable will not affect the validity
or enforceability of any other provisions. This Agreement
constitutes the entire understanding between the parties and
cannot be waived or added to or modified orally and no waiver,
addition and modification shall be valid unless in writing and
signed by both parties.
12. FEES
(a) In consideration of the license granted herein, LICENSEE
agrees to pay BMI a license fee which includes the tots! of
the "Base License Fee" and any applicable "Special Events
License Fees", A of which shall be calculated in accordance
with the Rate Schedule on Page 3. For purposes of this
Agreement,
(i) "Base License Fee" means the annual fee due in
accordance with Schedule A of the Rate Schedule and
based on LICENSEE's population as established in the
most recent published U.S. Census data. It does not
include any fees due for Special Events.
(ii) "Special Events License Fees" means the amount due
in accordance with Schedule B of the Rate Schedule
when Special Events are presented by or on behalf of
LICENSEE. It does not include any Base License Fee
due.
(iii) LICENSEES who are legally organized as state
municipal and/or county leagues or state associations of
municipal and/or county attorneys shall be required to
pay only the fee under the Schedule C of the Rate
Schedule. Such leagues or associations are not subject
to Schedule A or Schedule B of the Rate Schedule.
Fees paid by such leagues or associations do not cover
performances of the municipality, county, or other local
government entity represented by the league or
association. Schedule C fees are not applicable to
municipal, county or other government entities.
Page 2 of 4
2012 RATE SCHEDULE FOR LOCAL GOVERNMENTS
SCHEDULE B
SCHEDULE A
(to be reported 90 days after each event*, see Par. 13(d))
The rate for Special Events shall be 1% of Gross Revenue.
Check Population
Range (�I)
LICENSEE's Population
Base License Fee
Enter Fee Based Upon
Population
by LICENSEE for each Special Event.
1 - 50,000
$320
$320
❑
50,001 - 75,000
$637
❑
75,001 - 100,000
$766
0
100,001 - 125,000
$1021
1:1
125,000 - 150,000
$1,277
❑
150,001 - 200,000
$1,660
❑
200,001 - 250,000
$2,042
❑
250,001 - 300,000
$2,427
❑
300,001 - 350,000
$2,809
❑
350,001 - 400,000
$3,194
❑
400,001 - 450,000
$3,576
❑
450,001 - 500,000
$3,959
❑
500,001 - plus
If 500,001 or more, enter population
$5,352 plus $500 for every
100,000 population increment
or portion thereof above
500,000 up to a maximum
annual fee of $63,840
SCHEDULE A FEE
$
SCHEDULE B
Special Events Fee
(to be reported 90 days after each event*, see Par. 13(d))
The rate for Special Events shall be 1% of Gross Revenue.
• "Special Events' means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of
limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Events exceeds $25,000.00
• "Gross Revenue" means all monies received by LICENSEE or on LICENSEE's behalf from the sale of tickets for each Special Event.
If there are no monies from the sale of tickets, "Gross Revenue" shall mean contributions From the sponsors or other payments received
by LICENSEE for each Special Event.
SCHEDULE B FEE
BM/ will provide a report
form to report your events*
SCHEDULE C
State Municipal and/or County Leagues or State Associations of Attorneys
(to be completed if you are a State Municipal and/or County Leagues or State Associations of Attorneys)
The annual license fee for LICENSEES who are legally organized as state municipal and/or county leagues, or state associations of
municipal and/or county attorneys shall be $320.00. No Special Events fee applies to LICENSEES qualifying under this schedule.
SCHEDULE C FEE
13. REPORTING
(a) Upon the execution of this Agreement, LICENSEE shall submit:
(i) a report stating LICENSEE's population based on the most recent published U.S. Census data. The population set forth in the
report shall be used to calculate the Base License Fee under this Agreement; and
(ii) a report containing the information set forth in Paragraph 13 (d) below for all Special Events that were presented between the
effective date of this Agreement and the execution of this Agreement.
(b) The Base License Fee for the first year of this Agreement and any license fees due for Special Events that were presented
between the effective date of this Agreement and the execution of this Agreement shall be payable upon the execution of this
Agreement.
(c) Base License Fees for subsequent years shall be due and payable within 30 days of the renewal date of this Agreement and shall
be accompanied by a statement confirming whether any Special Events were presented during the previous calendar year.
(d) Ninety (90) days after the conclusion of each Special Event, LICENSEE shall submit to BMI payment for such Special Event and a
report in printed or computer readable form stating:
(i) the date presented;
(ii) the name of the attraction(s) appearing;
(iii) the "Gross Revenue" of the event (as defined above);
(iv) the license fee due for each Special Event.
April 16, 2012 2427418 Page 3 of 4
(e) If LICENSEE presents, sponsors or promotes a Special Event that is reportable under Rate Schedule B with another person or
entity licensed under a BMI License Agreement, LICENSEE shall indicate the name, address, phone number and BMI account
number of the other person(s) or entity(ies) and the party responsible for payment for such Special Event. If the other party is not
licensed by BMI, LICENSEE shall pay the license fee due hereunder, notwithstanding any agreement to the contrary between
LICENSEE and the other party.
(f) LICENSEE agrees to furnish to BMI, where available, copies of all programs of musical works performed, which are prepared for
distribution to the audience or for the use or information of LICENSEE or any department thereof. The programs shall include all
encores to the extent possible. LICENSEE shall be under no obligation to furnish programs when they have not been otherwise
prepared.
14. RATE ADJUSTMENTS / LICENSE FEE FOR YEAR 2013 AND THEREAFTER
For each calendar year commencing 2013, all dollar figures set forth in Schedules A, B and C (except the $500 add-on for populations
of 500,001 or more) shall be the license fee for the preceding calendar year, adjusted in accordance with any percentage increase in
the Consumer Price Index — All Urban Consumers (CPI -U)) between the preceding October and the next preceding October, rounded to
the nearest dollar. Any additional license fees due resulting from the CPI adjustment shall be payable upon billing by BMI.
15. TERM OF AGREEMENT
This Agreement shall be for an initial Term of one (1) year, commencing April 1, 2012 which shall be considered the
effective date of this Agreement, and continuing thereafter for additional terms of one (1) year each. Either party may give notice of
termination to the other no later than thirty (30) days prior to the end of the initial or any renewal term. If such notice is given, the
Agreement shall terminate on the last day of the Term in which notice is given.
AGREEMENT
AGREEMENT, made at New York, N.Y. on (Date will be entered by BMI upon execution) between BROADCAST MUSIC, INC.,
a State of New York corporation with its principal offices at 7 World Trade Center, 250 Greenwich Street, New York, N.Y. 10007-0030 (hereinafter "BMI")
and the legal or trade name described below and referred to thereafter as "LICENSEE" (the "Agreement"). This Agreement includes all of the terms and
conditions set forth herein.
BMI, 10 MUSIC SQUARE E., NASHVILLE, TN 37203 ® BMI and the music stand symbol are
.............................................1. registered trademarks of Broadcast Music, Inc.
Page 4 of 4
LEGAL NAME
LICENSED PREMISES
All locations are licensed by LICENSEE
(Name of Corporation, Partnership, or Individual Owner)
(Street Address)
TRADE NAME
(City) (State)
(Zip)
Milton, GA
(Doing business under the name no
(Telephone Number) (Fax Number)
PLEASE CHECK APPROPRIATE BOX
(Contact Name) (Title)
❑
Individual Ownership
(EmailAddress) (Web Address)
❑
LLC ❑ Corporation
❑
(State of Incaporatm, if different from Licensed Premises)
LLP ❑ Partnership
(Enter names ofpartners)
MAILING ADDRESS
(if different from Licensed Premises)
❑
Other
13000 Deerfield Parkway, Suite 107
(Street Address)
Federal
Tax ID No.
Milton GA
30004
(City) (State)
(Zip)
GOVERNMENT ENTITIES
(if applicable, please check one)
(Telephone Number) (Fax Number)
❑
Federal ❑ State
L�(y
j ►�}� (State)
Local C I `' L I ' (� � � kl
(Contact Name) (Title)
f \
(Municipality and State)
(Email Address- if different from above)
TO BE COMPLETED BY LICENSEE
FOR ADMINISTRATIVE USE ONLY
By signing this Agreement you represent that you have the authority to bind
LICENSEE and that you have read, understood and agree to all of the terms and
conditions herein.
TO BE COMPLETED BY BMI
BROADCAST MUSIC INC.
(SIGN HERE— PLEASE INCLUDE PAYMEN7)
Signature
Print Name / Title
Signatory Email Address"
FOR BMI USE ONLY LGE
LI-2010/May
(if different from above)
EFFECTIVE:
*In order to receive a copy of Your executed Agreement,
Please provide the email address of the Sionatory
2427418
January 2010
PLEASE RETURN THIS ENTIRE SIGNED
ACCOUNT No.
COIR
LICENSE AGREEMENT TO:
BMI, 10 MUSIC SQUARE E., NASHVILLE, TN 37203 ® BMI and the music stand symbol are
.............................................1. registered trademarks of Broadcast Music, Inc.
Page 4 of 4
Form w-9
Request for Taxpayer
to the
(Rev. January 2011) Identification Number and Certification etgtu ste Do not
Depa tment of fhe Treasiry
Internal Revertire Sevtce
Name (as shown on your Income tax return) send to the IRS.
BROADCAST MUSIC INC
N „o,,.o,.. --Nwuea enury name, if 0i`fei2nl ',cm 3!3011-
05
m
a Check appropriate box for federal tax
c
° classification (required):
❑ lndividuaVsole t
proprieor Q C Corporation
m c S Corporatbn Partnership Trust/estate
0
Umfted liability company. Enter the tax classiricelion (C=C rorporation, S=5 co porellon, P=partne ship) h r
0
- .. �� Exempt Payee
d .0 IJ Other lsee In5trLClron9) :
E Address (number, street, and apt. or suite no.)
u Requester's name and address
n 10 MUSIC SQUARE EAST (optional)
mCity, state, and ZIP code
m
N NASHVILLE, TN 37203
Ust account numberfs) here tootionart
Enter your TIN In the appropriate box. The TIN provided must match the name given on the "Name" line Social security number
to avoid backup withholding, For Individuals, this is your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the Part 1 instructions on page 3. For other
entities, it is your employer Identification number (EIA') IF you do not have a number, see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number
number to enter.
Certification 7 4 2 0 9
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number for I am waiting for a number to be issued to me), and
2. 1 am not subject. to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup Withho.dirig as a result of a failure to report all interest or dividends,
no longer subject to backup withholding, and or (c) the IRS has notified lite that 1 am
3. 1 am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that yoJ are currently subject to backup withholding
because you have fatted to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abardonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement ;IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification,
instructions on page 4. but you must provide your correct TIN. See the
Sign U.S.neture of _
Here Uperson
General Instructiohsr
Section references are to the Internal Revenue Code unless otherwise
noted.
Purpose of Form
A person who Is required to file an information return with the IRS must
obtain your correct taxpayer identification number (TIN) to report, for
exa,mpie, income paid to you, real estate transactions, mortgage Interest
you paid, acq,:isition or abandonment of secured property, cancellation
of debt, or contributions you made to an IRA.
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN to the person requesting it (the
requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are waiting for a
number to be Issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt
payee. If applicable, you are also certifying that as a U.S. oe son, your
allocable share of any partnership income from a U.S. trade or business
is not subject to the withholding tax on foreign partners' share of
effectively connected Income.
Date ►
Note- If a requester gives you a form other than Form W-9 to request
your TIN, you must use the requester's form if it is substantially sirrilar
to this Form W-9.
Definttion of a U.S. person. For federal tax purposes, you are
considered a U.S, person if you are:
• An individual who Is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or
business in the United States are generally required to pay a withholding
tax on any foreign partners' share of income from such business.
Further, in certain cases where a Form W -g has not been received, a
partnership is required to presume that a partner is a foreign person,
and pay the withholding tax. Therefore, if you are a U.S. person that is a
partner in a partnership conducting a trade or business in the United
States, provide Form W-9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership income.
Cat. No. 10231X
Form W -Q (Rev. 1-2011)
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
Page 1 of 1
To: Honorable Mayor and City Council Members
From: John Rebar, Parks and Recreation Director
Submission Date: May 18, 2012
Meeting Date: June 4, 2012 Regular Council Meeting
Agenda Item: Approval of a Contract between the City of Milton and Tri Scapes,
Inc. for the Renovation of the Playfields at Cogburn Woods
Elementary School and Birmingham Falls Elementary School in the
Amount of $199,990.
Background:
The City of Milton is a required to renovate the playfields at Cogburn Woods Elementary and
Birmingham Falls Elementary Schools per the previously executed Intergovernmental
Agreement between the City of Milton and The Fulton County Board of Education. The
renovation includes irrigation, grading and sod. Once completed these areas would serve as City
parks in the evening and weekends and would provide very much needed rectangular sports
fields. Ongoing maintenance for these properties is estimated at $25,000 a year per field.
Discussion:
The City of Milton solicited RFB 12-PR02 for the renovation of the playfields at Cogburn
Woods Elementary and Birmingham Falls Elementary Schools. Tri Scapes, Inc. was the lowest
responsive and responsible bidder at $199,990.00. References were also checked and Tri
Scapes, Inc. received high praise of their previous work. Funding for this project is available in
the Parks and Recreation Capital Budget.
Legal Review: Paul Higbee, Jarrard & Davis on May 15, 2012
Attachments:
An agreement between the City of Milton and Tri Scapes, Inc.
e
city of Milton
CONSTRUCTION AGREEMENT
This Construction Agreement (the "Agreement") is made and entered into this day
of , 2012, by and between the City of Milton, Georgia (hereinafter referred to as
the "City"), and Tri Scapes, Inc., a Georgia corporation with its principal place of business
located at 1595 PEACHTREE PKWY, STE. 204-396, CUMMING, GA 30041 (here in after
referred to as the "Contractor").
WITNESSETH:
WHEREAS, the City issued a Request for Bid, dated 0410912012, to solicit bids for FY12
Birmingham Falls & Cogburn Woods Field Renovations; and
WHEREAS, based upon Contractor's bid in response to the Request for Bid for FY12
Birmingham Falls & Cogburn Woods Field Renovations, the City has selected Contractor as the
successful 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
the Work, and Contractor is aware that it 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;
B. Request for Bid (and other bid related documents) attached hereto as Exhibit "A";
C. Bid Documents from Contractor attached hereto as Exhibit "B";
D. Performance Bond and Payment Bond, attached hereto collectively as Exhibit
«4c";
E. Noncollusion Affidavit of Prime Bidder, attached hereto as Exhibit "D";
F. Final Affidavit, attached hereto as Exhibit "E";
G. Alien Employment affidavits attached hereto as Exhibits "F" and "G";
H. SAVE affidavit attached hereto as Exhibit "H";
I. Plans and specifications, attached hereto collectively as Exhibit "I";
J. Key Personnel, attached hereto as Exhibit "J";
K. 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 all Architect's plans.
Section 2. Project Description
The Project is defined generally as follows: FY12 Birmingham Falls & Cogburn Woods
Field Renovations
Section I 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, In the event of any discrepancy among
the terms of the various Contract Documents, the provision most beneficial to the City, as
determined by the City in its sole discretion, shall govern.
Section 4. Contract Time
Contractor agrees to complete the Project within 45 calendar days from the date of the
City's issuance of a written Notice To Proceed. Every effort will be made by Contractor to
shorten this period. The Project shall only be considered complete upon the Architect's issuance
of a final Certificate for Payment ("Final Completion").
The Contractor agrees to pay an amount of $100.00 per day, not as a penalty, but as
liquidated damages because actual damages would be difficult or impossible to determine, for
each day beyond 120 days after the date of the City's issuance of a Notice to Proceed without
Final Completion of the Project.
2
Section 5. Contractor's Compensation, Time and Method of Payment
City agrees to pay the Contractor $199,990.00 for work performed by Contractor upon
certification by Breedlove & Associates, Inc. (the "Architect") and the City that the work was
actually performed and costs actually incurred in accordance with the Agreement.
Compensation for work performed and reimbursement for costs incurred shall be paid to the
Contractor upon receipt and approval by the City of, and the issuance by the Architect of a
Certificate for Payment regarding, invoices setting forth in detail the work performed and costs
incurred. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges
incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and
Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice
for final payment) procured by the Contractor from all subcontractors in accordance with
O.C.G.A. § 44-14-366.
The Contractor through each invoice may request payment for no more than ninety
percent (90%) of that portion of the Work completed during the term covered by each invoice as
agreed upon by the Architect, with the remaining ten percent (10%) to be retained by the City
until Final Completion of the Project. The final Certificate for Payment issued by the Architect
shall include all amounts retained by the City under this paragraph.
Any material deviations in tests or inspections performed, times or locations required to
complete such tests or inspections and like deviations from the Work described in this
Agreement shall be clearly communicated to the City before charges are incurred and shall be
handled through change orders or construction change directives as described in Section 6 below.
The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City
subsequent to the issuance of a Certificate for Payment by the Architect. No payments will be
made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only;
payment will not be hand -delivered, though the Contractor may arrange to pick up payments
directly from the City or may make written requests for the City to deliver payments to the
Contractor by Federal Express delivery at the Contractor's expense.
Section 6. Work Chan
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. Such change orders or
construction change directives 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 or construction
3
change directive 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 or construction change
directive duly executed on behalf of the City and the Contractor.
C. The City Manager has authority to execute any number of change orders or
construction change directives 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 or construction change directives
materially altering the terms of this Agreement or increasing the total amount to
be paid under this Agreement in excess of $10,000.00, must be approved by the
City of Milton Mayor and 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 or any other similar law or
regulation.
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.
4
E. City's Reliance on the Work
The Contractor acknowledges and agrees that the City does not undertake to
approve or pass upon matters of expertise of the Contractor and that therefore, the
City bears no responsibility for Contractor's services performed under this
Agreement. The Contractor acknowledges and agrees that the acceptance of
Work by the City is limited to the function of determining whether there has been
compliance with what is required to be produced under this Agreement. The City
will not, and need not, inquire into adequacy, fitness, suitability or correctness of
Contractor's performance. Contractor further agrees that no approval of designs,
plans, specifications, or work by any person, body or agency shall relieve
Contractor of the responsibility for adequacy, fitness, suitability, and correctness
of Contractor's professional and industry standards or for performing services
under this Agreement in accordance with sound and accepted professional and
industry principals.
F. Contractor's Reliance of Submissions by the City
Contractor must have timely information and input from the City in order to
perform the services required under this Agreement. Contractor is entitled to rely
upon information provided by the City, but Contractor shall be required to
provide immediate written notice to the City if Contractor knows or reasonably
should know that any information provided by the City is erroneous, inconsistent,
or otherwise problematic.
G. Contractor's Representative
shall be authorized to act on Contractor's behalf with respect to
the Work as Contractor's designated representative.
H. Assignment of Agreement
The Contractor covenants and agrees not to assign or transfer any interest in, nor
delegate any duties of this Agreement, without the prior express written consent
of the City.
Y. 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
5
and against any and all claims, suits, actions, liability, judgments, damages,
losses, and expenses, including but not limited to, attorney's fees, which may be
the result of willful, negligent or tortious conduct arising out of the Work,
performance of contracted services, or operations by the Contractor, any
subcontractor, anyone directly or indirectly employed by the Contractor or
subcontractor or anyone for whose acts the Contractor or subcontractor may be
liable, regardless of whether or not the negligent act is caused in part by a party
indemnified hereunder. Such obligation shall not be construed to negate, abridge,
or otherwise reduce any other right or obligation of indemnity which would
otherwise exist as to any party or person described in this provision. In any and
all claims against the City or any of its agents or employees, by any employee of
the Contractor, any subcontractor, anyone directly or indirectly employed by the
Contractor or subcontractor or anyone for whose acts the Contractor or
subcontractor may be liable, the indemnification obligation set forth in this
provision shall not be limited in any way by any limitation on the amount or type
of damages, compensation or benefits payable by or for the Contractor or any
subcontractor under workers' or workmen's compensation acts, disability benefit
acts or other employee benefit acts. This obligation to indemnify and defend the
City, its members, officers, agents, employees and volunteers shall survive
termination of this Agreement.
J. Independent Contractor
Contractor hereby covenants and declares that it is engaged in an independent
business and agrees to perform the services as an independent contractor and not
as the agent or employee of the City. The Contractor agrees to be solely
responsible for its own matters relating to the time and place the services are
performed; the instrumentalities, tools, supplies and/or materials necessary to
complete the services; hiring of Contractors, agents or employees to complete the
services; and the payment of employees, including compliance with Social
Security, withholding and all other regulations governing such matters. The
Contractor agrees to be solely responsible for its own acts and those of its
subordinates, employees, and subcontractors during the life of this Agreement.
Any provisions of this Agreement that may appear to give the City the right to
direct Contractor as to the details of the services to be performed by Contractor or
to exercise a measure of control over such services will be deemed to mean that
Contractor shall follow the directions of the City with regard to the results of such
services only.
The Contractor shall obtain and maintain, at the Contractor's expense, all permits,
licenses, or approvals that may be necessary for the performance of the services.
The Contractor shall furnish copies of all such permits, licenses, or approvals to
the City's Representative within ten (10) days after issuance.
Inasmuch as the City and the Contractor are contractors independent of each other
6
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
Contractor enters into on behalf of the City 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 as to form and
content. These requirements are subject to amendment or waiver if so
approved in writing by the City.
(2) Minimum Limits of Insurance: Contractor shall maintain limits no less
than:
(a) Comprehensive General Liability of $1,000,000 combined single
limit per occurrence for bodily and personal injury, sickness,
disease or death, injury to or destruction of property, including loss
of use resulting therefrom.
(b) Comprehensive Automobile Liability (owned, non -owned, hired)
of $1,000,000 combined single limit per occurrence for bodily and
personal injury, sickness, disease or death, injury to or destruction
of property, including loss of use resulting therefrom.
(c) 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.
7
(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 claire 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 for General Liability coverage only.
(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.
(d) Builder's Risk Insurance. Contractor shall provide a Builder's
Risk to be made payable to the City and Contractor, as their
interests may appear. The policy amount shall be equal to 100% of
the Contract price, written on a Builder's Risk "All Risk," or its
equivalent. The policy shall be endorsed as follows: "The
following may occur without diminishing, changing, altering or
otherwise affecting the coverage and protection afforded the
insured under this policy: i) Furniture and equipment may be
delivered to the insured premises and installed in place ready for
use; and ii) Partial or complete occupancy by Owner; and iii)
Performance of Work in connection with construction operations
insured by the Owner, by agents or lessees or other Contractors of
the Owner or Using Agency."
(5) Acce ttability of Insurers: Insurance is to be placed with insurers with an
A.M. Bests' rating of no less than ANIL
(6) Verification of Cove_rare: 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 persona 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.
9
(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
(1) E -Verify Affidavit
It is the policy of City that unauthorized aliens shall not be employed to perform work on
City contracts involving the physical performance of services. Therefore, the City shall not enter
into a contract for the physical performance of services within the State of Georgia unless the
Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "F" and
"G" (affidavits regarding compliance with the E -Verify program to be sworn under oath under
criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's
subcontractors have within the previous twelve (12) month period conducted a verification,
under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the
social security numbers, or other identifying information now or hereafter accepted by the E -
Verify program, of all employees who will perform work on the City contract to ensure that no
unauthorized aliens will be employed. The Contractor hereby verifies that it has, prior to
executing this Agreement, executed a notarized affidavit, the form of which is provided in
Exhibit "F", and submitted such affidavit to City. In the event the Contractor employs or
contracts with any subcontractor(s) in connection with the covered contract, the Contractor
agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with
G.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the
subcontractor affidavit, the form of which is attached hereto as Exhibit "G", and such
subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further,
Contractor agrees to provide completed copies of Exhibit "G" to the City within five (5) business
days of receipt from any subcontractor.
The City Manager or his/her designee shall be authorized to conduct an inspection of the
Contractor's and Contractor's subcontractors' verification process at any time to determine that
the verification was correct and complete. The Contractor and Contractor's subcontractors shall
retain all documents and records of their respective verification process for a period of three (3)
years following completion of the 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 malting their
records and personnel available upon reasonable notice for inspection and questioning. Where a
10
Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the
City Manager or his/her designee may report same to the Department of Homeland Security.
The Contractor's failure to 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.
Contractor hereby agrees to comply with the requirements of the federal Immigration
Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-
.02. 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 hereto as Exhibit "F"
and incorporated herein by this reference.
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.
(2) SAVE Affidavit and Secure Verifiable Document
Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a
secure and verifiable document evidencing the Contractor's legal status in the
Country each time that Contractor obtains a public benefit, including any
contract, from the City. Contractor hereby verifies that it has, prior to executing
this Agreement, executed a SAVE Affidavit (to be sworn under oath under
criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of
which is attached hereto as Exhibit "H", and submitted such affidavit to the City
in person, electronically, or by mail. Further, Contractor verifies that it has, prior
to executing this Agreement, submitted a secure and verifiable document,
evidencing the Contractor's legal status, to the City either in person or
electronically (in compliance with the Uniform Electronic Transactions Act).
Contractor verifies that it is in compliance with the Residency Status of an
Applicant for Public Benefit, as required by the Georgia Security and Immigration
Compliance Act (O.C.G.A. § 50-36-1.
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.
11
{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) Retorts and Information: Upon request, the Contractor shall famish 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 or any other similar law
or regulation.
D. 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. 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
12
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.
Q. Key Personnel
All of the individuals identified in Exhibit "J" 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 "J", 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.
R. City 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.
S. 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 bands 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.
13
T. Meetings
The Contractor is required to meet with the City's personnel, or designated
representatives, to resolve technical or contractual problems that may occur
during the term of the contract, at no additional cost to the City. Meetings will
occur as problems arise and will be coordinated by the City. The Contractor will
be given a minimum of three full working days notice of meeting date, time, and
location. Face-to-face meetings are desired. However, at the Contractor's option
and expense, a conference call meeting may be substituted. Consistent failure to
participate in problem resolution meetings, two consecutive missed or
rescheduled meetings, or to make a good faith effort to resolve problems, may
result in termination of the contract.
Section 8. Covenants of the City
A. Right of Entry
The City shall provide for right of entry for Contractor and all necessary
egtiipment in order for Contractor to complete the Work.
B. City's Representative
John Rebar shall be authorized to act on the City's behalf with respect to the
Work as the City's designated representative
Section 9. Warran
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.
Further, and at its sole discretion, the City may pay Contractor for additional
14
value received as a result of Contractor's efforts, but in no case shall said payment
exceed the total profit and overhead remaining in Contractor's budget at that time.
B. The City may tenninate this Agreement for cause if Contractor -}reaches any
material provision of this Agreement. The City shall give Contractor seven (7)
days written notice of its intent to terminate the Agreement and the reasons
therefore, and, if Contractor, or its Surety, fails to cure the default within that
period., the termination shall take place without further notice. The City shall then
make alternative arrangements for completion of the Project and deduct the cost
of completion from the unpaid Contract Price. The City will make no payment to
the Contractor or its Surety until all costs of completing the Project are paid. If
the unpaid balance of the amount due the Contractor, according to this agreement,
exceeds the cost of finishing the Project, the Contractor or its Surety will receive
the applicable funds due. If the costs of completing the Project exceed the unpaid
balance, the Contractor or its Surety will pay the difference to the City.
C. If the City terminates this Agreement for cause, and it is later determined that the
City did not have grounds to do so, the termination will be treated as a termination
for convenience under the terms of this Section (A) above.
D. Upon termination, the Contractor shall: (1) promptly discontinue all services
affected, unless the notice directs otherwise; and (2) promptly deliver to the City
all data, drawings, reports, summaries, and such other information and materials
as may have been generated or used by the Contractor in performing this
Agreement, whether completed or in process, in the form specified by the City.
E. The rights and remedies of the City and the Contractor provided in this Section
are in addition to any other rights and remedies provided under this Agreement or
at law or in equity.
Section. 11. Construction Administration
A. The City and the Contractor will communicate with each other in the first instance
through John Rebar or designee.
B. The Architect's decisions in matters relating to aesthetic effect shall be final if
consistent with the intent of this Agreement.
C. THE DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE
CONTRACTOR UNDER THIS AGREEMENT SHALL IN NO MANNER
WHATSOEVER BE CHANGED, ALTERED, DISCHARGED, RELEASED,
OR SATISFIED BY ANY DUTY, OBLIGATION OR RESPONSIBILITY OF
THE ARCHITECT. THE CONTRACTOR IS NOT A THIRD -PARTY
BENEFICIARY OF ANY AGREEMENT BY AND BETWEEN THE OWNER
15
AND THE ARCHITECT. IT IS EXPRESSLY ACKNOWLEDGED AND
AGREED THAT THE DUTIES OF THE CONTRACTOR TO THE CITYARE
INDEPENDENT OF, AND ARE NOT DIMINISHED BY, ANY DUTIES OF
THE ARCHITECT TO THE CITY.
Section 12. Miscellaneous
A. Complete Agreement. This Agreement contains all of the understandings and
agreements of whatsoever kind and nature existing between the parties hereto
with respect to the subject matter contained herein.
B. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of Georgia.
C. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original, but all of which together shall
constitute one and the same instrument.
D. Invalidity of Provisions. Should any part of this Agreement for any reason be
declared by any court of competent jurisdiction to be invalid, such decision shall
not affect the validity of any remaining portion, which remaining portion shall
continue in full force and effect as if this Agreement had been executed with the
invalid portion hereof eliminated, it being the intention of the parties that they
would have executed the remaining portion of this Agreement without including
any such part, parts or portions which may for any reason be hereafter declared
invalid.
E. Notice. All notices requests, demands and other communications hereunder shall
be in writing and shall be deemed received, and shall be effective when personally
delivered or on the third day after the postmark date when mailed by certified
mail, postage prepaid, return receipt requested or upon actual delivery when sent
via national overnight commercial carrier to the parties at the addresses given
below, unless a substitute address shall first be furnished to the other parties by
written notice in accordance herewith:
NOTICE TO CITY shall be sent to:
City of Milton
13000 Deerfield Parkway Suite 107
City Manager
Milton, GA 30004
NOTICE TO CONTRACTOR shall be sent to:
f 5 G 5 f e.a.r la.4ez r, T" 16
(ari^n^ i,n) " 30 0q l
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. Any additional reasonable costs incurred by
Contractor as a result of such extension may be added to the Contract price
subject to the terms of Section 6 and approval of a Change Order relating to same.
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-Kthe date first above w4en.
M.
Attest:
Quinn Mares, Secretary
[AFFIX CORPORATE SEALI
[SIGNATURES CONTINUED ON THE FOLLOWING PAGE]
17
SIGNED, SEALED, AND DELIVERED
in the presence of:
City Attorney
CITY OF MILTON
[CITYSEAL]
SIGNED, SEALED, AND DELIVERED
in the presence of:
Witness
Notary Public
[NOTARY SEAL]
My Commission Expires:
I8
AGREEMENT FOR SALE OF REALTY
THIS AGREEMENT FOR SALE OF REALTY (the "Agreement") is made and
entered into this 17th day of May, 2012, by and between the CITY OF MILTON, GEORGIA,
a municipal corporation duly organized and existing under and by virtue of the laws of the State
of Georgia (the "Buyer"), and LARRY AND SUSAN T. HOPKINS, each in their individual
capacities (the "Sellers").
AGREEMENT
1. The Buyer agrees to buy, and the Sellers agrees to sell, all that tract of land being
known as Fulton County Tax Parcel No. 22-5040-0535-0298 collectively containing a total of
3.04 acres, more or less; and including all personalty, structures, improvements, buildings,
fixtures and appurtenances attached thereto (hereinafter referred to as the "Property"). All items
of personalty, fixtures, building, structures, improvements, and appurtenances to the Property
shall become the property of the Buyer at closing, subject only to a limited right of removal by
Seller as set forth in paragraph 13 and Seller's right to remove kennels located on the property.
2. Purchase Price. The purchase price ("Purchase Price") for the Property shall be
Four l tundred Fifty Thousand Dollars and Zero Cents ($450,000.00) to be paid at closing.
3. Earnest Money. Buyer, within five (5) business days of the execution of this
Agreement by the parties, shall deposit with Power Realty Partners, LLC $10,000.40 as earnest
money. This earnest money shall be applied as part payment of the purchase price of the
Property at the time of closing, and in the event the sale is not closed, then the earnest money
deposit may be retained by the Sellers, except upon the following:
a. If, during the Inspection Period, the Buyer discovers any condition on the
Property that renders the Property unusable for the Buyer's intended purpose, and further
assuming the Buyer places the Sellers on prompt written notice of such condition and
terminates the Agreement as provided herein, then the earnest money shall be returned to
the Buyer;
b. If, during the Inspection Period, an appraisal of the Property is returned to the
Buyer stating that the fair market value of the Property is less than the contract price, then
the earnest money shall be returned to the Buyer.
4. Marketable Title. Sellers agree to furnish good, insurable, and marketable title to
the Property. For the purposes of this Agreement, "good, insurable, and marketable title" shall
mean fee simple ownership which is: (i) free from all claims, liens, and monetary encumbrances
of any kind or nature whatsoever other than permitted exceptions expressly agreed to in writing
by the Buyer; and (ii) insurable by a reputable title insurance company at then -current standard
rates under the standard form of ATLA owner's policy of title insurance with all standard or
printed exceptions therein deleted and without exception other than for permitted exceptions
expressly agreed to in writing by Buyer. The Property is sold subject only to the valid and
agreed upon exceptions to title disclosed to the Buyer as of the date of closing and as presented
in accordance with this Agreement.
5. Inspection Period. Buyer shall have one hundred twenty (120) days after the date
of this Agreement (the "Inspection Period") to inspect the Property, and during the Inspection
Period Buyer may terminate this Agreement either for any reason or for no reason at all. Upon
Buyer's termination of this Agreement during the Inspection Period, Sellers shall retain the
earnest money, except as otherwise stipulated in subparagraphs 3(a) and (b).
6. Due Diligence. Buyer shall procure, at Buyer's cost, a written title opinion
establishing that title to the Property is good, insurable, and marketable, and vested in Sellers.
2
Buyer, after examining said title opinion, shall notify Sellers of any defects or unacceptable
exceptions thereto at least twenty (20) days prior to the closing, All issues as to title defects
and/or unacceptable exceptions to title shall be resolved to Buyer's satisfaction prior to closing.
It is agreed that such papers that may be legally necessary to carry out the terms of this
Agreement shall be executed and delivered by the parties as soon as the validity of the title to the
Property has been established. If the Buyer shall decline to accept the Property due to a title
defect or other exception to title, then this Agreement shall be null and void, whereupon the
parties hereto shall have no further rights, duties, obligations, or liabilities to one another
hereunder, except that Sellers shall ensure that the entire amount of the earnest money deposit is
immediately refunded to Buyer.
7. Warranty. The Sellers hereby affirmatively warrant that there are no latent or
patent physical condition(s), hazard(s) or feature(s) of, on or below the Property that will in any
material way impede or frustrate the reasonable use of the Property by Buyer. Moreover, the
Sellers further warrants that it has no knowledge of any condemnation or compelled acquisition
of all or any part of the Property by any entity.
8. Public Hearin. Prior to closing on the Property, the Sellers acknowledge that the
Buyer may hold a public nearing with respect to this purchase wherein the details of said
purchase may be revealed in an open forum.
g. Closing Date. A closing shall be conducted no later than fifteen (15) days after
the termination of the Inspection Period. At the closing, the Sellers shall deliver to the Buyer a
Warranty Deed to the Property conveying good, insurable, and marketable title to the Property,
and all mineral rights, with the hereditaments and appurtenances, to the Buyer and its assigns, in
fee simple, free and clear of all liens, encumbrances, or exceptions on all or any part of the
3
Property, except for permitted exceptions, if any, easements, restrictions, and other exceptions of
record, together with all right; title, and interest of the Sellers in and to the Property. Buyer
during the Inspection Period may procure, at its own expense, a survey specifically setting forth
the metes and bounds and acreage of the Property, and any such survey shall provide the legal
description of the Warranty Deed to the Property.
10. Taxes. All taxes, assessments, and encumbrances which are a lien against the
Property and are due and payable at the time of conveyance to the Buyer shall be satisfied of
record by the Sellers at or before the transfer of title. Real estate taxes which are a lien (but are
not yet due and payable) will be prorated as of the date of closing. The Sellers will pay the
documentary revenue stamp tax or transfer, conveyance or recordation tax, assessment or charge,
if any,
11. Risk of Loss. All risk of loss or damage to the Property will pass from the Sellers
to the Buyer at closing. In the event that loss or damage occurs to the Property prior to closing,
the Buyer may, without liability and with an immediate refund of the full amount of the earnest
money deposit from the Sellers, refuse to accept the conveyance of title, or it alternatively may
elect to accept the conveyance of title to the Property "AS IS." The Sellers shall deliver
possession of the Property to the Buyer at the time of closing, subject to the six (6) month lease
provision in paragraph 18.
12. Right of Entry. The Buyer, upon tendering telephonic, email, or personal notice
at least 24 hours in advance, may enter upon the Property at reasonable times for surveying and
other reasonable purposes related to this transaction from the date of execution of this
Agreement, through and including the time of delivery of possession of the Property to the Buyer
by the Sellers. The Buyer's entry upon the Property in accordance with this paragraph shall be
4
undertaken in such a manner so as to not unreasonably interfere with Sellers's ongoing
operations or do permanent or long-term damage to the Property. Buyer shall pay all costs
incurred by Buyer in making any inspections, tests, analyses, and investigations of the Property
and shall, to the extent if any allowed by law, indemnify and hold Sellers harmless from any loss
or damage to person or property occasioned by such activities of Buyer.
13. Preservation of Property. The Sellers agrees that the Property shall remain as it
now is until the delivery of possession of the Property by the Sellers to the Buyer, and that the
Sellers will make reasonable efforts to prevent and refrain from any use of the Property for any
purpose or in any manner which would adversely affect the Buyer's use and enjoyment of the
Property in the future.
a. For a period of 24 months following closing, should the Buyer determine to raze
any of the structures on the property, the Buyer shall have an obligation to notify Sellers at least
fifteen (15) days in advance of the decision to raze a structure and to identify said structure.
Upon receipt of such notice, Sellers shall have five (5) days to enter the premises and identify
any non -fixture appliances they want to remove from the structure that is to be razed. Upon such
identification, the list shall be provided to the Buyer who will then assemble the identified non -
fixture appliances and make same available to the Sellers. The ability to potentially remove such
appliances is deemed by the Sellers and the Buyer as part of the consideration for this
transaction.
14. Specific Performance. The parties agree that in the event of a breach hereof by the
Sellers (i.e. the refusal to execute the Limited Warranty Deed at closing or to deliver possession
of the Property to the Buyer at the appointed time), damages will be inadequate, and therefore
5
the court having jurisdiction herein may award the Buyer specific performance in lieu of
damages or any other remedies allowed by law.
15. Binding Effect. The agreements set forth herein are to apply to and bind the heirs,
executors, administrators, successors, personal representatives and assigns of the Sellers.
16. Final Agreement. This Agreement terminates and supersedes all prior
understandings or agreements on the subject matter hereof. This Agreement may be modified
only by a further writing that is duly executed by both parties.
17. Severability. If any paragraph, subparagraph, sentence, clause, phrase, or any
portion of this Agreement shall be declared invalid or unconstitutional by any court of competent
jurisdiction or if the provisions of any part of this Agreement as applied to any particular
situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity
shall not be construed to affect the portions of this Agreement not held to be invalid. It is hereby
declared to be the intent of the parties to provide for separable and divisible parts, and they do
hereby adopt any and all parts hereof as may not be held invalid for any reason.
18. Lease Following Closing. The parties agree at Closing to enter into a lease
agreement, in a form acceptable to each party, allowing Sellers to remain on the Property as
tenants of Buyer for a period of six (6) months after closing. The monthly rental to be paid by
Sellers to Buyer under said lease shall be $10.00 per month.
19. Governing Law. This Agreement shall be governed, construed and interpreted by,
through and under the Laws of the State of Georgia, without giving effect to its conflicts of laws
principles.
6
20. Broker. Sellers at closing shall pay to Power Realty Partners, LLC a brokerage
commission of five percent (5%) of the Purchase Price. Said commission shall only be paid in
the event of a closing as contemplated by this Agreement.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR SALE OF
REALTY as of the day and year first above written.
SIGNED, SEALED, AND DELIVERED
in the presence of:
Witness
Notary Public
SELLERS:
SUSAN T. HOPKINS
By: rvua
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[NOTARY SEAL]
My Commission Expires: r
LARRV HOPKINS
By:
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SIGNED, SEALED, AND DELIVERED
in the presence of:
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Witness``.� QIL� gT�
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Notary Public jG
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[NOTARY SEAL] �'�, "'"'
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SIGNED, SEALED, AND DELIVERED
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Notary Public
[NOTARY SEAL] 1
My Commission Expires:_! - f
BUYER:
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
oo7 V.0 -A
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i � Rrse, 2n':••'� C7��
AGREEMENT FOR SALE OF REALTY
THIS AGREEMENT FOR SALE OF REALTY (the "Agreement") is made and
entered into this day of , 2012, by and between the CITY OF MILTON,
GEORGIA, a municipal corporation duly organized and existing under and by virtue of the laws
of the State of Georgia (the `Buyer"), and MICHAEL AND SHERYL BELL (WILSON),
individuals (the "Seller").
AGREEMENT
1. The Buyer agrees to buy, and the Seller agrees to sell, all that tract of land being
known as Fulton County Tax Parcel Nos. 22-5040-0535-017 and 22-4880-0534-020 and 22-
5040-0535-035, collectively containing a total of 7.06 acres, more or less; and including all
personalty, structures, improvements, buildings, fixtures and appurtenances attached thereto
(hereinafter referred to as the "Property"). All items of personalty that the Sellers are authorized
to remove from the Property and that are not otherwise conveyed to Buyer as part of this
Agreement are set forth in Exhibit A. Except as specifically set forth in Exhibit A, all items of
personalty, fixtures, building, structures, improvements, and appurtenances to the Property shall
become the property of the Buyer at closing.
2. Purchase Price. The purchase price ("Purchase Price") for the Property shall be
Five Hundred Thirty Five Thousand Dollars and Zero Cents ($535,000.00) to be paid at closing.
3. Earnest Mona. Buyer, within five (5) business days of the execution of this
Agreement by both parties, shall deposit with Power Realty Partners, LLC 10 000.40 as earnest
money. This earnest money shall be applied as part payment of the purchase price of the
Property at the time of closing, and in the event the sake is not closed, then the earnest money
deposit may be retained by the Sellers, except upon the following:
a. If, during the due diligence period, the Buyer discovers any condition on the
Property that renders the Property unusable for the Buyer's intended purpose, and further
assuming the Buyer places the Seller on prompt written notice of such condition and
terminates the Agreement as provided herein, then the earnest money shall be returned to
the Buyer;
b. If, during the due diligence period, an appraisal of the Property is returned to the
Buyer stating that the fair market value of the Property is less than the contract price, then
the earnest money shall be returned to the Buyer.
4. Marketable Title. Seller agrees to furnish good, insurable, and marketable title to
the Property. For the purposes of this Agreement, "good, insurable, and marketable title" shall
mean fee simple ownership which is: (i) free from all claims, liens, and monetary encumbrances
of any kind or nature whatsoever other than permitted exceptions expressly agreed to in writing
by the Buyer; and (ii) insurable by a reputable title insurance company at then -current standard
rates under the standard form of ATLA owner's policy of title insurance with all standard or
printed exceptions therein deleted and without exception other than for permitted exceptions
expressly agreed to in writing by Buyer. The Property is sold subject only to the valid and
agreed upon exceptions to title disclosed to the Buyer as of the date of closing and as presented
in accordance with this Agreement.
5. Inspection Period. Buyer shall have one hundred twenty (120) days after the date
of this Agreement (the "Inspection Period"} to inspect the Property, and during the Inspection
Period Buyer may terminate this Agreement either for any reason or for no reason at all. Upon
Buyer's termination of this Agreement during the Inspection Period, Seller shall retain the
earnest money, except as otherwise stipulated in subparagraphs 3(a) and (b).
2
6. Due Diligence. Buyer shall procure, at Buyer's cost, a written title opinion
establishing that title to the Property is good, insurable, and marketable, and vested in Seller.
Buyer, after examining said title opinion, shall notify Seller of any defects or unacceptable
exceptions thereto at least twenty (20) days prior to the closing. All issues as to title defects
and/or unacceptable exceptions to title shall be resolved to Buyer's satisfaction prior to closing.
It is agreed that such papers that may be legally necessary to carry out the terms of this
Agreement shall be executed and delivered by the parties as soon as the validity of the title to the
Property has been established. If the Buyer shall decline to accept the Property due to a title
defect or other exception to title, then this Agreement shall be null and void, whereupon the
parties hereto shall have no further rights, duties, obligations, or liabilities to one another
hereunder, except that Seller shall ensure that the entire amount of the earnest money deposit is
immediately refunded to Buyer.
7. Warranty. The Seller hereby affirmatively warrants that there are no latent or
patent physical conditions), hazard(s) or feature(s) of, on or below the Property that will in any
material way impede or frustrate the reasonable use of the Property by Buyer. Moreover, the
Seller further warrants that it has no knowledge of any condemnation or compelled acquisition of
all or any part of the Property by any entity.
8. Public Hearin . Prior to closing on the Property, the Seller acknowledges that the
Buyer may hold a public hearing with respect to this purchase wherein the details of said
purchase may be revealed in an open forum.
g. Closing Date. A closing shall be conducted no later than fifteen (15) days after
the termination of the Inspection Period. At the closing, the Seller shall deliver to the Buyer a
Warranty Deed to the Property conveying good, insurable, and marketable title to the Property,
3
and all mineral rights, with the hereditaments and appurtenances, to the Buyer and its assigns, in
fee simple, free and clear of all liens, encumbrances, or exceptions on all or any part of the
Property, except for permitted exceptions, if any, easements, restrictions, and other exceptions of
record, together with all right, title, and interest of the Seller in and to the Property. Buyer
during the Inspection Period may procure, at its own expense, a survey specifically setting forth
the metes and bounds and acreage of the Property, and any such survey shall provide the legal
description of the Warranty Deed to the Property.
10. Taxes. All taxes, assessments, and encumbrances which are a lien against the
Property and are due and payable at the time of conveyance to the Buyer shall be satisfied of
record by the Seller at or before the transfer of title. Real estate taxes which are a lien (but are
not yet due and payable) will be prorated as of the date of closing. The Seller will pay the
documentary revenue stamp tax or transfer, conveyance or recordation tax, assessment or charge,
if any.
11. Risk of Loss. All risk of loss or damage to the Property will pass from the Seller
to the Buyer at closing. In the event that loss or damage occurs to the Property prior to closing,
the Buyer may, without liability and with an immediate refund of the full amount of the earnest
money deposit from the Seller, refuse to accept the conveyance of title, or it alternatively may
elect to accept the conveyance of title to the Property "AS IS." The Seller shall deliver
possession of the Property to the Buyer at the time of closing.
12. Right of Entry. The Buyer may enter upon the Property at reasonable times for
surveying and other reasonable purposes related to this transaction from the date of execution of
this Agreement, through and including the time of delivery of possession of the Property to the
Buyer by the Seller. The Buyer's entry upon the Property in accordance with this paragraph
4
shall be undertaken in such a manner so as to not unreasonably interfere with Seller's ongoing
operations or do permanent or long-term damage to the Property. Buyer shall pay all costs
incurred by Buyer in making any inspections, tests, analyses, and investigations of the Property
and shall, to the extent if any allowed by law, indemnify and hold Seller harmless from any loss
or damage to person or property occasioned by such activities of Buyer.
13. Preservation of Property. The Seller agrees that the Property shall remain as it
now is until the delivery of possession of the Property by the Seller to the Buyer, and that the
Seller will make reasonable efforts to prevent and refrain from any use of the Property for any
purpose or in any manner which would adversely affect the Buyer's use and enjoyment of the
Property in the future.
14. Specific Performance. The parties agree that in the event of a breach hereof by the
Seller (i.e. the refusal to execute the Warranty Deed at closing or to deliver possession of the
Property to the Buyer at the appointed time), damages will be inadequate, and therefore the court
having jurisdiction herein may award the Buyer specific performance in lieu of damages or any
other remedies allowed by law.
15. Binding Effect. The agreements set forth herein are to apply to and bind the heirs,
executors, administrators, successors, personal representatives and assigns of the Seller.
16. Final Agreement. This Agreement terminates and supersedes all prior
understandings or agreements on the subject matter hereof. This Agreement may be modified
only by a further writing that is duly executed by both parties.
17. Severabili . If any paragraph, subparagraph, sentence, clause, phrase, or any
portion of this Agreement shall be declared invalid or unconstitutional by any court of competent
jurisdiction or if the provisions of any part of this Agreement as applied to any particular
5
situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity
shall not be construed to affect the portions of this Agreement not held to be invalid. It is hereby
declared to be the intent of the parties to provide for separable and divisible parts, and they do
hereby adopt any and all parts hereof as may not be held invalid for any reason.
18. Governing Law. This Agreement shall be governed, construed and interpreted by,
through and under the Laws of the State of Georgia, without giving effect to its conflicts of laws
principles.
19. Broker. Seller at closing shall pay to Power Realty Partners, LLC a brokerage
commission of five percent (5%) of the Purchase Price. Said commission shall only be paid in
the event of a closing as contemplated by this Agreement.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR SALE OF
REALTY as of the day and year first above written.
IGNED,SEALED, AND DELIVERED
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SELLER:
MICHAEL BELL
By: I4, �I'l
Member/Manager
6
SIGNED, SEALED, AND ELIVERED
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SIGNEDJALED,
AND DELIVERED
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Notary Public
[NOTARY SEAL] /
My Commission Expires:
SELLER:
SHERYL BELL (WILSON)
By: ��^
Member/Manager
CITY OF MILTON, GEORGIA
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ADDENDUM TO AGREEMENT FOR PURCHASE AND SALE
Re: Agreement for Purchase and Sale
Property: Approximately 7.06 acres, City of Milton, Fulton County, Georgia
Seller: Michael Bell and Sheryl Bell Wilson
Buyer: The City of Milton
1. For consideration contained in the above referenced Agreement, Seller and Buyer
hereby agree to amend the said Agreement as follows:
"Buyer shall have thirty (30) days to appraise the subject property. After said
thirty (30) days the earnest money deposited herein shall not be refunded to Buyer
due to any appraisal contingencies."
2. For consideration contained in the above referenced Agreement, Seller and Buyer
hereby agree to amend the said Agreement as follows:
"The Thompson Road home is currently leased month to month at a rate of
$400.00 per month. Buyer hereby agrees to continue to lease to the tenant a
minimum of three (3) months at the same rate from the date of the closing
contemplated herein."
3. For consideration contained in the above referenced Agreement, Seller and Buyer
hereby agree to amend the said Agreement as follows:
"Seller may continue to use the property during the term of this Agreement.
Seller may conduct an auction on the subject property or hold a yard sale to
remove personal property from the subject property."
4. For consideration contained in the above referenced Agreement, Seller and Buyer
hereby agree to amend the said Agreement as follows:
Exhibit "A" will be drafted by Seller upon receiving written notice that Buyer is
removing structures on the property. Upon receiving notice Seller will have
seven (7) days to complete Exhibit "A" and shall have sixty (60) days to remove
all items that Seller includes on Exhibit "A". This shall survive 24 months post
closing.
5. All other provisions of said Agreement shall remain unchanged.
SELLER:
1
Michael Bell nate
,4 J�'l
(-
Sheryl Bafl Wilson Date
BUYER:
Joe Lockwood,
0So-11-7-
Date
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
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RZ12-05/VC12-02
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Southern Comforts RZ12-05/VC12-02
Furniture Consignments
PROPERTY INFORMATION
ADDRESS 633 North Main Street
DISTRICT, LAND LOT 2/2 1023
OVERLAY DISTRICT State Route 9
EXISTING ZONING MIX (Mixed Use) - RZ04-95
PROPOSED ZONING C-1 (Community Business)
ACRES 1.01
EXISTING USE 6,000 square foot retail building
PROPOSED USE 12,000 square foot retail building (including basement)
PETITIONER/OWNER Jenmark Company
ADDRESS 2241 Whitfield Drive
Dunwoody, GA 30338
REPRESENTATIVE Nathan V. Hendricks
6085 Lake Forrest Drive, Suite 200
Atlanta, GA 30338
COMMUNITY DEVELOPMENT RECOMMENDATION
RZ12-05 – APPROVAL CONDITIONAL
VC12-02 – APPROVAL CONDITIONAL
INTENT
To rezone from MIX (Mixed Use) to C-1 (Community Business) to expand a 6,000 square
foot retail building by 6,000 square feet to utilize the basement for a total of 12,000
square feet. The applicant is also requesting a concurrent variance to delete the 10
foot landscape strip along the south and east property lines of the out-parcel (Sec 64-
1090(b)).
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
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PLANNING COMMISSION RECOMMENDATION – MAY 22, 2012
RZ12-05 – APPROVAL CONDITIONAL – 7-0
VC12-02 – APPROVAL CONDITIONAL – 7-0
The recommended approval was based on the Planning Commission requesting
that the applicant submit to the Community Development Department valid
application form to reflect their ownership.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
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LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
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R/P RZ04-95
CURRENT ZONING MAP
Prepared by the Community Development Department for the
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5/25/2012 Page 5 of 19
RZ12-05/VC12-02
R/P RZ04-95
SITE PLAN SUBMITTED ON APRIL 9, 2012
Prepared by the Community Development Department for the
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Subject site looking south from North Main
Subject site looking from North Main (adjacent building)
Prepared by the Community Development Department for the
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5/25/2012 Page 7 of 19
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Looking north from subject site (Milton)
Looking north from subject site (Alpharetta)
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
5/25/2012 Page 8 of 19
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SUBJECT SITE:
The site is an out parcel within the Wintercrest Village Shopping Center located
on the south side of North Main Street (SR 9). It currently consists of a one story
retail building with 6,000 square feet zoned for retail commercial. There is an
existing 6,000 square foot basement that was previously used for storage for a
liquor store. The applicant is planning to utilize the first floor immediately for their
furniture consignment store, prior to the decision on the additional 6,000 square
feet of basement area. The site contains 1.01 acres within the overall 16.7 acre
mixed use development. It is currently zoned MIX (Mixed Use) pursuant to RZ04-
95 as a portion of a larger master planned development. The purpose of the
request is to increase the square footage in the zoning conditions to allow the
additional 6,000 square feet of basement area into retail space. The site is
located within the Retail Service designation on the City’s 2030 Comprehensive
Future Land Use Map.
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on April 9, 2012, Staff offers the following considerations:
Development Standards – SEC. 64-776 for C-1 (Community Business) except
where indicated
Front yard – 40 feet - Consistent
Side yards adjacent to MIX (Mixed Use) south and east property lines –
N/A
See Landscape Buffer Requirements for SR 9 Overlay District - Sec. 64-1090
Rear yard adjacent to MIX (Mixed Use) - west property line – N/A
See Landscape Buffer Requirements for SR 9 Overlay District - Sec. 64-1090
Minimum lot frontage – 35 feet - Consistent
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. (SR 9 Overlay District) – Consistent
SR 9 Overlay District Requirements
Landscaping- Sec. 64-1090
Front adjacent to State Route 9 – 20 feet - Consistent
Side yard (west property line) - Consistent
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
5/25/2012 Page 9 of 19
RZ12-05/VC12-02
R/P RZ04-95
Side (east) and rear yards (south) – 10 feet – Inconsistent
The subject site was developed as one development with one property
owner, and therefore did not require the 10 foot landscape strip along
any interior property line adjacent to a nonresidential zoning or use. The
applicant has requested a concurrent variance to this requirement
discussed below.
VC12-02 – To delete the 10 foot landscape strip along the interior south
and east property lines. (Sec 64-1092(b))
Due to the fact that there is existing paving and parking located where
the landscape strips would be located, it is Staff’s opinion that relief, if
granted, would not offend the spirit or intent of the zoning ordinance; and
that the existing paving and parking creates an unnecessary hardship not
caused by the applicant; and relief, if granted, would not cause a
substantial detriment to the public good and surrounding properties and
lastly that the public safety, health and welfare are secured. Therefore,
Staff recommends that VC12-02 be APPROVED to delete the landscape
strips along the interior south and east property lines.
Fencing – Sec 64-1092(i and j)
The State Route 9 Overlay District requires fencing along streets that shall
be primarily dark stained wood and is in keeping with the equestrian
and rural character of Milton. The fence shall not exceed 55 inches in
height measured from finished grade and; shall also include a minimum
three foot wide landscape strip along the exterior of the fencing.
Although the site plan does not include the fence, it appears that it can
be constructed on the site.
OTHER SITE PLAN CONSIDERATIONS
Parking Requirements
As submitted, the site plan indicates a total of 69 parking spaces. The total
square footage of the building is 12,000 square feet. Pursuant to Sec. 64-1410,
Calculations, 4 spaces per 1,000 square feet are required for general retail.
Based on the calculation of 4 spaces per 1,000 square feet, a total of 48 spaces
are required. The proposed site plan is in compliance with the required parking
spaces.
Prepared by the Community Development Department for the
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Pursuant to Z04-95, a condition was included to allow shared parking according
to Sec. 64-1411. Although the subject site meets the required parking
requirements, the overall site utilizes shared parking between uses. Therefore, this
condition will be included in the Recommended Conditions.
Environmental Site Analysis
The Environmental Site Analysis (ESA) report is sufficient and satisfies the
requirement of Section 64.2126. A field survey of the site was conducted by Staff
to verify areas addressed in the ESA report. The proposed site does not contain
wetlands, floodplains, streams steep slopes, historical sites or sensitive plant and
animal species.
Public Involvement
Community Zoning Information Meeting
On April 25, 2012 the applicant was present at the Community Zoning
Information Meeting (CZIM) held at the Milton City Hall. There were two
members of the community in attendance representing the Winthrope Chase
Subdivision located adjacent to the south of the site. They were concerned that
the required buffer between the entire development and the subdivision was
being deleted. The applicant’s representative explained that the deletion of the
landscape strip was within the interior of the shopping center and there would
be no affect on the subdivision. They appeared to be satisfied with the answer
and had no other issues.
Public Comments – Staff has not received any correspondence regarding this
development.
Design Review Board Meeting Courtesy Review – May 9, 2012
There was no comment regarding the proposed rezoning request.
PUBLIC PARTICIPATION REPORT
The applicant conducted the required Public Participation Meeting on May, 10,
2012 at the Kroger Store on SR9 and Windward Parkway. There was one person
in attendance at the meeting and there were no issues discussed. The Public
Participation Report was submitted to on May 11, 2012. An additional updated
Report is required 7 days prior to the Mayor and City Council Meeting.
Prepared by the Community Development Department for the
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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 additional 6,000 square feet for a total of 12,000 square feet of retail
space is suitable based on the adjacent and nearby development of
general service retail to the west, east and north of the subject site.
Location Parcel /
Zoning Petition
Zoning / Name Approved Density/Total
Square Feet/Min.
Heated Floor Area
East and
South
1
RZ04-095
MIX (Mixed Use)
Wintercrest
Retail - 2,093.4 /35,000
Office – 897.1/15,000
Residential
3.12 u/a / 52 units
East
2
RZ05-31
TR (Townhouse) Residential
Henderson Landing
Townhomes
5 u/a
2,200 minimum heated
floor area
East 3
RZ01-58
C-1 (Community Business)
Undeveloped
9,411.77 / 9,600
North
4
(City of
Alpharetta)
C-1 (Commercial)
Shopping Center
Unknown
North 5
Z88-94
M-1 (Manufacturing)
Public Storage
13,757 square feet per
acre
Northwest 6
RZ08-10
C-1 (Community Business)
Undeveloped
12,504.42 / 28,260 sq.ft.
of which 7,200 shall be
basement storage
Northwest 7
RZ93-29
C-1 (Community Business)
Various Retail Uses
Further
Southwest
8
RZ95-72
C-2 (Commercial)
Vacant Office Buildings
24,800 square feet per
acre
South 9 CUP (Community Unit Plan) 5 u/a
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
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R/P RZ04-95
96Z-027
(City of
Alpharetta)
Winthrope Chase S/D 5,000 sq.ft. minimum lot
size
West 10
RZ06-075
C-1 (Community Business)
2 abandoned homes
6,698.57 / 14,000
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
5/25/2012 Page 13 of 19
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EXISTING USES MAP
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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 should not adversely affect the
existing use or usability of the adjacent properties based on the
applicant’s proposed expansion of retail space.
3. Whether the property to be affected by the proposal has a reasonable
economic use as currently zoned?
The subject site may have a reasonable use as currently zoned MIX (Mixed
Use) developed with uses allowed within the MIX (Mixed Use) district.
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 proposed expansion of the retail space, 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?
2030 Comprehensive Land Use Plan Map: Yes, Retail and Service
Proposed use/density:
Furniture Consignment Shop / 11,881 square feet per acre
The Comprehensive Land Use Plan Map suggests Retail and Service for
the subject site and for properties northwest, south and southwest. To the
east the Map recommends High Density Residential. The City of
Alpharetta is on the north side of North Main Street and their
Comprehensive Plan recommends Retail and to the south of the subject
site their plan recommends Medium Density Residential (Winthrope Chase
S/D). (Please see 2030 Comprehensive Future Land Use Map below.)
The Milton City Council adopted the City’s 2030 Comprehensive Plan on
June 6, 2011. The request from MIX to C-1 is compatible with the
suggested Retail and Service designation as outlined in the compatibility
chart within the 2030 Comprehensive Land Use Plan.
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The proposed development is consistent with the following Plan Policy
developed with the recommended conditions:
We will encourage mixed use developments, where appropriate,
that are human scale, less auto oriented and include
neighborhoods that are walkable, bicycle and wheelchair friendly.
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5/25/2012 Page 16 of 19
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2030 COMPREHENSIVE FUTURE LAND USE PLAN MAP
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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?
The proposed expansion of the existing 6,000 square foot retail building to
12,000 square feet requires a request to rezone since converting the
basement from storage to retail space, would increase the maximum
square footage for the site. Therefore, the applicant is requesting that
only the approximately one acre site be rezoned to C-1(Community
Business) district with the new total square footage of 12,000 square feet.
The proposed C-1 (Community Business) district is consistent with the
2030 Future Land Use Plan designation for Retail and Service designation.
In addition, there are other retail and service type businesses in the same
development, adjacent and nearby the subject site with similar
approved densities.
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 expansion of the retail building should not be
environmentally adverse to the natural resources, environment and
citizens of the City.
CONCLUSION
The proposed rezoning to C-1 (Community Business) is consistent with adjacent
and nearby zonings and uses. In addition, it is consistent with the 2030 Future
Land Use Plan which recommends a designation of Retail and Service.
Therefore, Staff recommends APPROVAL CONDITIONAL of RZ12-05 to rezone
from MIX (Mixed Use) to C-1 (Community Business). It is also Staff’s opinion that
VC12-02 be APPROVED for the deletion of the 10 foot landscape strip along the
south and east property lines.
Prepared by the Community Development Department for the
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RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be C-1
(Community Business) CONDITIONAL subject to the owner’s agreement to the
following enumerated conditions. Where these conditions conflict with the
stipulations and offerings contained in the Letter of Intent, these conditions shall
supersede unless specifically stipulated by the Mayor and City Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Retail, service commercial and/or office and accessory uses,
including all exterior food and beverage service areas, at a
maximum density of 11,881 gross square feet per acre zoned or a
total of 12,000 square feet excluding fast food restaurants and drive
throughs, gas stations and associated gas pumps, commercial
amusements (cinemas are allowed), liquor sales and package
stores(upscale wine stores are allowed), (restaurants may sell liquor
by the drink), motels, hotels, adult oriented entertainment
businesses including adult bookstores, adult entertainment or adult
entertainment establishments as defined in Article IX, Division 4,
check cashing stores, pawn shops, coin operated laundries, video
arcades (video machines that are incidental to otherwise permitted
businesses are allowed), pool halls, stand alone massage parlors,
stand alone nail salons, stand alone beauty salons, stand alone
barber shops (clinical/therapeutic spas are allowed and may
include less than 400 square feet of beauty/barber shops and less
than 400 square feet of nail salon), roadside vending, roadside
produce stands or seasonal vending, billboards, convenience stores
and fortune tellers.
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Community Development
Department on April 9, 2012. 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.
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3) To the owner’s agreement to the following site development considerations:
a) Allow shared parking according to Sec. 64-1411. (RZ04-095)
b) No interior landscape strips are required along the south and east
property lines. (VC12-02)
4) To the owner’s agreement to abide by the following requirements,
dedication, and improvements as reflected in the site plan/as built
referenced in condition 2a.:
a) Reserve for the City of Milton along the necessary property frontage
of the following roadway, prior to the approval of a Land
Disturbance permit. All building setback lines shall be measured
from the dedication but at no time shall a building be allowed
inside the area of reservation. All required landscape strips and
buffers shall straddle the reservation line so that the reservation line
bisects the required landscape strip or buffer. At a minimum, 10 feet
of the required landscape strip or buffer shall be located outside
the area of reservation. All required tree plantings per Sec. 64-
1090(a) shall be placed within the portion of the landscape strip or
buffer that lies outside the area of reservation:
55 feet from centerline of North Main Street (SR 9) or as may be
required by the Georgia Department of Transportation.
b) Dedicate at no cost to the City of Milton along the entire property
frontage, prior to the approval of a Land Disturbance permit,
sufficient land as necessary to provide the following right-of-way as
may be required to provide at least 10.5 feet of right-of-way from
the back of curb of all abutting road improvements, as well as allow
the necessary construction easements while the right-of-way is
being improved:
30 feet from centerline of North Main Street (SR 9) or as may be
required by the Georgia Department of Transportation.
c) No direct vehicular access from North Main Street (SR 9) shall be
permitted.
ORDINANCE NO._______
PETITION NO. RZ12-05/VC12-02
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO REZONE FROM MIX (MIXED USE) TO C-1 (COMMUNITY
BUSINESS) FOR 12,000 SQUARE FEET OF RETAIL SERVICE COMMERCIAL
LOCATED AT 633 NORTH MAIN STREET
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
June 18th 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 633
North Main Street, consisting of a total of approximately 1.01 acres as described in the attached legal
description, be rezoned to the C-1 (Community Business) District with conditions, attached hereto
and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lot 1023 of the 2nd District 2nd Section,
City of Milton, Fulton County, Georgia; and
SECTION 2. That the C-1 (Community Business) zoning listed in the attached conditions
of approval, be approved under the provisions Chapter 64, Article VI, Division 18 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 18th day of June, 2012.
_________________________________
Mayor Joe Lockwood
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be C-1
(Community Business) CONDITIONAL subject to the owner’s agreement to the
following enumerated conditions. Where these conditions conflict with the
stipulations and offerings contained in the Letter of Intent, these conditions shall
supersede unless specifically stipulated by the Mayor and City Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Retail, service commercial and/or office and accessory uses, including
all exterior food and beverage service areas, at a maximum density of
11,881 gross square feet per acre zoned or a total of 12,000 square feet
excluding fast food restaurants and drive throughs, gas stations and
associated gas pumps, commercial amusements (cinemas are
allowed), liquor sales and package stores(upscale wine stores are
allowed), (restaurants may sell liquor by the drink), motels, hotels, adult
oriented entertainment businesses including adult bookstores, adult
entertainment or adult entertainment establishm ents as defined in
Article IX, Division 4, check cashing stores, pawn shops, coin operated
laundries, video arcades (video machines that are incidental to
otherwise permitted businesses are allowed), pool halls, stand alone
massage parlors, stand alone nail salons, stand alone beauty salons,
stand alone barber shops (clinical/therapeutic spas are allowed and
may include less than 400 square feet of beauty/barber shops and less
than 400 square feet of nail salon), roadside vending, roadside
produce stands or seasonal vending, billboards, convenience stores
and fortune tellers.
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Community Development Department on
April 9, 2012. 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) Allow shared parking according to Sec. 64-1411. (RZ04-095)
b) No interior landscape strips are required along the south and east
property lines. (VC12-02)
4) To the owner’s agreement to abide by the following requirements, dedication,
and improvements as reflected in the site plan/as built referenced in condition
2a.:
a) Reserve for the City of Milton along the necessary property frontage
of the following roadway, prior to the approval of a Land
Disturbance permit. All building setback lines shall be measured
from the dedication but at no time shall a building be allowed
inside the area of reservation. All required landscape strips and
buffers shall straddle the reservation line so that the reservation line
bisects the required landscape strip or buffer. At a minimum, 10 feet
of the required landscape strip or buffer shall be located outside
the area of reservation. All required tree plantings per Sec. 64-
1090(a) shall be placed within the portion of the landscape strip or
buffer that lies outside the area of reservation:
55 feet from centerline of North Main Street (SR 9) or as may be
required by the Georgia Department of Transportation.
b) Dedicate at no cost to the City of Milton along the entire property
frontage, prior to the approval of a Land Disturbance permit,
sufficient land as necessary to provide the following right-of-way as
may be required to provide at least 10.5 feet of right-of-way from
the back of curb of all abutting road improvements, as well as allow
the necessary construction easements while the right-of-way is
being improved:
30 feet from centerline of North Main Street (SR 9) or as may be
required by the Georgia Department of Transportation.
c) No direct vehicular access from North Main Street (SR 9) shall be
permitted.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 1 of 24
R/A RZ10-05, ZM10-0 RZ99-11
PETITION NUMBERS
RZ12-06/VC12-03
Circle Deerfield
ADDRESS Deerfield Parkway
West Side for approximately 1,599 feet
DISTRICT, LAND LOT 2/2, 1113, 1114, 1047
OVERLAY DISTRICT Deerfield
EXISTING ZONING C-1 (Community Business) RZ10-05, U00-25
O-I (Office & Institutional) ZM10-01, RZ99-11, U99-08
PROPOSED ZONING A (Medium Density Apartments)
ACRES 21.368
EXISTING USE Undeveloped
PROPOSED USE 256 unit multi-family development
OWNER/PETITIONER Crescent Resources, LLC – Benjamin Collins
ADDRESS 227 West Trade Street
Charlotte, NC 28202
REPRESENTATIVE Nathan V. Hendricks III
ADDRESS 6085 Lake Forrest Drive, Suite 200
Atlanta, GA 30328
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
RZ12-06 – APPROVAL CONDITIONAL
VC12-03 – TO WITHDRAWAL
To rezone from C-1 (Community Business) and O-I (Office-Institutional) to A (Medium Density
Apartments) to develop a total of 256 residential units at an overall density of 12 units per
acre. The applicant is also requesting the following concurrent variance: To encroach into
the 25 foot non- impervious setback by no more than 5, 000 square feet (Section 20-426(2)).
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 2 of 24
R/A RZ10-05, ZM10-0 RZ99-11
PLANNING COMMISSION RECOMMENDATION – MAY 22, 2012
RZ12-06 – APPROVAL CONDITIONAL – 7-0
VC12-03 – TO WITHDRAWAL – 7-0
The Planning Commission recommended the following conditions be included in
the Recommended Conditions:
1) Buildings shall be substantially the same as the designs presented by the
applicant at the May 22, 2012 Planning Commission Meeting.
2) Tree save areas should be considered as often as possible in regards to
specimen trees.
3) Multi-purpose paths within the development shall meet the City’s trail
standards as to width.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 3 of 24
R/A RZ10-05, ZM10-0 RZ99-11
LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 4 of 24
R/A RZ10-05, ZM10-0 RZ99-11
CURRENT ZONING MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 5 of 24
R/A RZ10-05, ZM10-0 RZ99-11
REVISED SITE PLAN – May 8, 2012
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 6 of 24
R/A RZ10-05, ZM10-0 RZ99-11
Subject Site
Looking north on Deerfield Pkwy
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 7 of 24
R/A RZ10-05, ZM10-0 RZ99-11
Subject Site
Looking From Deerfield Parkway
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 8 of 24
R/A RZ10-05, ZM10-0 RZ99-11
SUBJECT SITE:
A 21.368 acre site currently zoned C-1 (Community Business) pursuant to RZ10-
05/U10-01 approved for a 72 bed assisted living facility and a 23,000 square foot
Special School. Within the same parcel, it is also zoned O-I (Office-Institutional)
pursuant to Z99-11 approved for retail, service commercial, and or office at a
maximum density of 19,191 square feet per acre. The O-I portion of the site was
approved for a 40,500 square foot data center pursuant to ZM10-03.
The site is currently undeveloped, wooded and contains an unnamed creek
which flows along the northeastern property line, eventually draining into Lake
Deerfield. There are two small areas of wetlands, one on the southwest property
line and the east property line which are not being disturbed and the site plan
provides the appropriate state and city buffers.
The property is part of the planned development of Deerfield, and is subject to
covenants of the development. The property is also subject to the Deerfield
Overlay District and within the recently approved Regional Activity Center, Hwy
9/GA 400 Master Plan, Livable Centers Initiative (LCI) Study.
Overview of the Applicant’s Request
Based on the applicant’s letter of intent received by the Community
Development Department on April 9, 2012, the information below provides an
overview of the applicant’s request for the subject site:
Crescent Resources, LLC, which is the applicant and current owner of the entire
parcel, has requested the site be rezoned from C-1(Community Business) and O-
I (Office-Institutional) to A (Medium Density Apartments) to develop 256 multi-
family units. Of the 256 units, there shall be no more than 26 three bedroom units
with the balance of the 230 units being one and two bedroom units with the
intention that the mix of these one and two bedroom units will be equal. The
development will not be gated but provide inter-connectivity to adjacent
properties.
The Staff has encouraged the applicant to incorporate the recommended
concepts from the HWY 9/GA 400 Master Plan, Regional Activity Center into the
development. The current revised site plan dated May 8, 2012 incorporates
some of those concepts. The site plan shows the proposed connectivity to the
commercial properties to the west with a defined private road/driveway with
on-street parking. In addition, the applicant has shown open space to preserve
areas with significant trees in the central portion of the site. Lastly, there are
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 9 of 24
R/A RZ10-05, ZM10-0 RZ99-11
meandering multi-purpose paths throughout the project and to the commercial
development to the west and to the existing pedestrian sidewalks along
Deerfield Parkway.
The amenity areas are scattered on the site with the primary area toward the
south and east of the property which includes a clubhouse, pool, tennis courts
and three small pavilions along Deerfield for a potential “farmers market”. There
is an amphitheatre space and another amenity building toward the center of
the property. Residential buildings are primarily along the central roads with
parking located behind them that begins to form traditional town “blocks”.
SITE PLAN ANALYSIS
Based on the applicant’s revised site plan submitted to the Community
Development Department on May 8, 2011, Staff offers the following
considerations:
A (Medium Density Apartment) Development Standards (Section 64-693)
Building Setbacks
The site plan indicates compliance with the following zoning district minimum
building setbacks:
Front (adjacent to Deerfield Parkway) 40 feet
Sides and Rear 25 feet
Building Height
The A (Medium Density Apartment) district restricts the building height to 45 feet
or three stories, whichever is higher. The applicant has not stated the number of
stories proposed for the development but has indicated that the height will be
50 feet. The Deerfield Overlay District refers back to the Hwy 9 Overlay District for
height. Section 64-1095 (m) states that Deerfield Parkway does not require a
height limitation of 2 stories or 30 feet to the roof eave. Therefore, Staff will
condition the site to the district standard of 45 feet. The proposed building
height/stories will be reflected in the Recommended Conditions.
Minimum heated floor area for multi-family dwellings
The applicant’s letter of intent does not specify size of each type of unit. The A
(Medium Density Apartment) district requires a minimum heated floor area of
700 square feet.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 10 of 24
R/A RZ10-05, ZM10-0 RZ99-11
Maximum lot coverage
The area of the footprint of all buildings and parking does not exceed 40
percent of the total land area.
Other Regulations
Parking Requirements
The following chart illustrates the parking required by Section 64-1410 of the City
of Milton Zoning Ordinance for the proposed uses:
Bedroom
Size/ Use
Ratio Number
Spaces
Required
5% Reduction
Near bus stop
(Sec 64-1412)
10% Reduction
(Administrative)
1 bedroom 1.4/unit 157 149 134
2 bedroom 2.0/unit 224 212 191
3 bedroom 2.25/unit 72 68 61
Amenity/Pool 6 per pool
plus 1 per 15
dwelling units
beyond 60
served
20 19 17
473 449 404 Total
Required (408
Provided)
The applicant has indicated a total of 408 spaces on the site plan of which a
total of 10 are handicap accessible which meets the minimum requirement of
2% of the total spaces reserved for handicapped spaces.
As shown on the chart above, the applicant has included the five percent
reduction based on the location of a bus stop within 1,500 feet of the site
(located on Deerfield Parkway) as well as requesting a ten percent
administrative reduction of the parking requirement. After reductions, a total of
404 parking spaces would be required. The site plan indicates a total of 408
spaces provided.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 11 of 24
R/A RZ10-05, ZM10-0 RZ99-11
The Deerfield Overlay District requires the following parking design:
Minimum Space between buildings and parking – 20 feet – Consistent
Minimum Space between peripheral parking and right-of-way or adjacent
property – 30 feet – Consistent
At least one, nine foot wide minimum landscape island shall be provided for
every 15 parking spaces – Inconsistent
It appears there are some parking fiel ds that do not meet the minimum
required landscape island every 15 spaces. This will need to be adjusted
prior to issuance of the Land Disturbance Permit.
Divided parking areas into sections with capacities of not more than 200 cars
each separated by landscape buffer areas at least 20 feet wide. - Consistent
Landscape Strips
Section 64-1090 of the State Route 9 Overlay District requires a twenty (20) foot-
wide landscape strip along Deerfield Parkway. The Deerfield Overlay District
requires that frontages along Deerfield Parkway be planted with Willow Oak,
planted just behind the right-of-way spaced 50 foot on center. The site plan
indicates compliance with this requirement.
Section 64-1090 (b) requires a minimum 10-foot wide landscape strip along any
interior property line adjacent to a non-residential zoning or use. The site plan
indicates compliance with this requirement.
Pedestrian Circulation
The site plan indicates a comprehensive internal pedestrian network throughout
the development. Staff recommends that the paths be constructed of pervious
materials within the development. In addition, there are paths that provide
connections with the pedestrian sidewalk on Deerfield Parkway where there are
two MARTA bus stops available to residents and visitors. Staff will require that the
applicant provide bus stop shelters without any signage to be installed at the
designated MARTA bus stops along Deerfield Parkway. The pedestrian network
and bus stop shelters will assist in meeting the vision of improved pedestrian inter-
connectivity stated in the recently approved HWY 9/GA 400 Master Plan. These
additional requirements will be reflected in the Recommended Conditions.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 12 of 24
R/A RZ10-05, ZM10-0 RZ99-11
Vehicular Circulation
The proposed development shows two entrances where the existing full
accesses are located on Deerfield Parkway; one on the southern end of the
property and one in the central area of the property. The southern entrance
meanders through the property and provides an inter-parcel connection with
the northwestern property line adjacent to the Fry’s Electronics parking lot. This
type of connection is recommended and illustrated in the Hwy 9/GA 400 Master
Plan. The intent is to decrease the size of the “super block” to encourage
vehicular inter-connectivity and enhance utilization of excess parking lots.
Staff recommends furthering the goal of inter-connectivity and discouraging
dead end streets. Therefore, a right-in, right-out curb cut shall be added to the
northern portion of the site. In addition, inter-parcel access shall be required
along the southern property line to the undeveloped O-I (Office-Institutional)
property (RZ07-19). Pursuant to RZ07-19, inter-parcel access is required to the
subject site. In addition, the latest request for the Zoning Modification pursuant
to ZM10-03, Staff also included a condition requiring inter-parcel access for the
proposed data center to the adjoining property to the south (RZ07-19). These
access requirements will be reflected in the Recommended Conditions.
VC12-03 – To encroach into the 25 foot non-impervious setback by no more
than 5, 000 square feet (Section 20-426(2))
Along the northern portion of the property is a perennial stream which requires
50 foot undisturbed stream buffer and a 25 foot non-impervious setback. Since
the submittal of the concurrent variance, Staff has determined that based on
the proposed encroachment of a retention facility whether earthen or walled
structure, this is permitted within the 25 foot non-impervious setback. Therefore, a
concurrent variance is not needed and Staff recommends WITHDRAWAL of
VC12-03.
City Arborist Comments:
The site appears to have been selectively harvested within the past 15 years or
so. There are some nice mature hardwoods on the site but few of specimen size.
There is a nice diversity of trees on site and with strong natural re-vegetation
occurring on site with a mix of oaks, maples, sweet gums, tulip poplars, hickories,
sourwoods and dogwoods. Plan shows preserving some of the mature trees in
the interior of the project, however to do so may require protecting a larger
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 13 of 24
R/A RZ10-05, ZM10-0 RZ99-11
area than just the drip line. Grade changes, cut and fills, should be kept to a
minimum. Per this plan, three specimen trees will require recompense.
The applicant should work with the existing conditions of the site as much as
possible rather than modifying the site for mere simplicity. Existing topography
and vegetation should be given strong consideration.
Per the revised site plan, approximately eleven specimen trees are proposed to
be removed equating to 143.7 tree density units to be recompensed.
Recompense required will be 205 – four inch caliper hardwood/canopy trees.
Specimen trees removed or preserved may vary. Final count will be done during
the Land Disturbance Permit process.
A springhead is located near the southwestern property line. The 75 foot stream
buffer will not be impacted as well as another stream buffer located at the
northeastern property line.
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 site does not contain floodplains,
steep slopes, historical sites or sensitive plant and animal species. The site does
contain a perennial stream and wetlands.
Fulton County Board of Education
For a multi-family development with 256 units, we would expect approximately:
Elementary School Students: 43
Middle School Students: 9
High School Students: 10
Total Students: 62
This development will be located in the Manning Oaks ES, Hopewell MS, and
Alpharetta HS zones for the 2012-13 school year.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 14 of 24
R/A RZ10-05, ZM10-0 RZ99-11
Public Involvement
Community Zoning Information Meeting
On April 25, 2012 the applicant was present at the Community Zoning
Information Meeting held at the Milton City Hall. There was one person who
indicated interest in the site.
Staff has not received any e-mails or phone calls regarding this request.
City of Milton Design Review Board Meeting Courtesy Review – April 9, 2012
The following comments were made by the DRB for the rezoning/use permit:
Looks beautiful. Gorgeous.
Surprised it’s not gated.
Applauds embracing the retention pond, and expanding on
them.
Staff notes that prior to issuance of a Land Disturbance Permit and any Building
Permits, the City of Milton Design Review Board will be required to review
their respective plans.
Public Participation Plan and Report
The applicant has met the requirements of the Public Participation Plan. The
applicant submitted the first Plan Report on May 11, 2012 and an update will be
required 7 days prior to the Mayor and City Council meeting. The Public
Participation Meeting was held on May 2, 2012 at 6:00 p.m. There were nine
members of the community in attendance. Attached at the end of the report
are the comments and responses from the applicant.
Standards of Review
[Section 64-2104(c)] 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 applicant is requesting a 256 unit multi-family development at a
density of 12 units per acre. As indicated below, the adjacent and nearby
zonings are not consistent with the proposed development. Staff notes
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 15 of 24
R/A RZ10-05, ZM10-0 RZ99-11
that there are townhomes to the northeast but at a lower density of 7.39
units per acre. The nearest multi-family development is on the north side of
Webb Road and west of Deerfield Parkway. Although, the proposed
development is not consistent with similar type uses in the area, it is
consistent with the newly adopted Hwy 9/GA 400 Master Plan for the
Regional Activity Center where this site is located. The Master Plan
recommends that the Regional Activity Center provide mixed use
developments of which higher density residential is one component. There
is retail commercial adjacent to the northwest and west; office to the
north, south and east and residential to the southeast.
Existing uses and zoning of nearby property (See Map and following table)
Location Parcel / Zoning
Petition
Zoning /
Development Name
Approved Density
(sq ft per acre)/
Max Square Feet
of Bldg/Height
North 1
Z74-48
U98-39
(to exceed height)
C-1 (Community Business)
Portion of Deerfield
Professional Offices and
Bright Horizons Day Care
None Stated
U98-39 for 4 stories
Northeast 2
Z74-47
U96-72
(to exceed height)
O-I (Office-Institutional)
Portion of Deerfield
Professional Offices
None Stated
U96-72 for 6 stories
East 3
Z03-08
TR (Townhouse Residential)
Lake Deerfield
116 units / 7.39 units
per acre
Southeast 4
Z97-098
O-I (Office-Institutional)
Verizon Wireless office
buildings
11,500/437,000
South 5
Z97-123/96U-68
(to exceed height)
O-I (Office-Institutional)
Developed with offices and
hotel
13,000/282,000
6 stories
South 6
RZ07-19/U07-10
O-I (Office-Institutional)
Undeveloped
7,565/23,000
70 feet with 3 stories
above grade and
one story below
grade
West 7
Z73-001
C-1 (Community Business)
Wal-Mart / Fry’s Electronics
None Stated
Further
West
8
RZ06-49
C-2 (Commercial)
Cactus Car Wash
5,406/6,000
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 16 of 24
R/A RZ10-05, ZM10-0 RZ99-11
EXISTING USES MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 17 of 24
R/A RZ10-05, ZM10-0 RZ99-11
2. Whether or not the proposal will adversely affect the existing use or
usability of adjacent or nearby property?
The proposed development may not adversely affect the existing uses
nearby or adjacent uses if developed with the recommended conditions.
3. Whether the property to be affected by the proposal has a reasonable
economic use as currently zoned?
The property does have a reasonable economic use as currently
zoned as it is zoned C-1 (Community Business), O-I (Office-Institutional) as
well as a 72 bed assisted living facility and special school .
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?
It is Staff’s opinion that the proposed use may cause an increased burden
on the streets and transportation facilities, utilities, and schools. The
increase should be mitigated with the Recommended Conditions that
provides for inter-connectivity between uses.
5. Whether the proposal is in conformity with the policies and intent of the
land use plan?
At the time of the submittal of the proposed A (Medium Density
Apartment) zoning district, it was inconsistent with the 2030
Comprehensive Plan Map recommendation of Retail and Service. Since
the submittal, the Mayor and City Council approved the SR 9/GA 400
Master Plan which recommends that subject site and surrounding area as
a Regional Activity Center. This area is bounded by GA 400 to the east,
Webb Road to the north, and the property the properties adjacent to
Deerfield Parkway and Windward Parkway to the west and south.
HWY 9 / GA 400 Master Plan: Regional Activity Center
Proposed use/density: Multi-family residential/ 12 units per acre
The Milton City Council approved the SR 9/GA 400 Master Plan on April 23,
2012. The proposed development is consistent if approved with the
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 18 of 24
R/A RZ10-05, ZM10-0 RZ99-11
Recommended Conditions at the end of the Staff report with the
following Plan Policies for the Regional Activity Center and
Recommended Parcel Development:
Be medium scale (multi-story development/redevelopment)
Offer a mix of uses including regional office, retail within a multi-use
environment, and residential (likely attached or stacked products)
Encourage a more compact and connected development pattern
Connect adjacent residential, particularly new residential
development, to commercial areas where appropriate
Require significant landscaping and green space as a component
of development/redevelopment
Regional Activity Center Suggested Parcel Development
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?
Based on the recent approval of the Hwy 9/GA 400 Master Plan,
specifically the Regional Activity Center of which this site is located; the
proposed multi-family development is consistent with the Plan’s
recommendations for the area to be developed as Mixed Use and to
provide increased inter-connectivity for the Regional Activity Center.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 19 of 24
R/A RZ10-05, ZM10-0 RZ99-11
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?
Staff notes that the proposed rezoning will not have a negative effect on
the environment and natural resources based on the fact that the site
plan indicates compliance with the required stream buffer and non-
impervious setback (Staff has determined that the concurrent variance
VC12-03 is no longer needed). The site plan indicates that some of the
specimen trees will be preserved as well as open space will be provided
along the eastern property line and the area in the central area of the
site.
CONCLUSION
The proposed 256 multi-family development is consistent with the policies and
intent of the City of Milton Hwy 9/GA 400 Master Plan if approved with Staff’s
Recommended Conditions. Therefore, Staff recommends that this request to
rezone to A (Medium Density Apartments), RZ12-06 be APPROVED CONDITIONAL.
Further, Staff recommends WITHDRAWAL of VC12-03.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 20 of 24
R/A RZ10-05, ZM10-0 RZ99-11
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be approved
A (Medium Density Apartments) 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) No more than 256 total dwelling units at a maximum density of 12
units per acre based on the total acreage zoned, whichever is less.
b) No more than 26 three-bedroom units.
c) Height shall not exceed 45 feet as measured from average grade.
2) To the owner’s agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on May 8, 2012*. 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. In the event the
Recommended Conditions of Zoning cause the approved site plan
to be substantially different, the applicant shall be required to
complete the concept review procedure prior to application for a
Land Disturbance Permit. Unless otherwise noted herein,
compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy.
3) To the owner’s agreement to the following site development
considerations:
a) To provide two bus shelters at MARTA bus stops without signage as
approved by the City of Milton Design Review Board.
b) Internal multi-use trails shall be a minimum of 10 feet wide or as
approved by the Public Works Department.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 21 of 24
R/A RZ10-05, ZM10-0 RZ99-11
i. Internal multi-use trails shall be constructed of pervious
materials as approved by the Community
Development Department.
c) Buildings shall be substantially the same as the designs presented by
the applicant at the May 22, 2012 Planning Commission Meeting.
d) Tree save areas should be considered as often as possible in
regards to specimen trees.
4) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a) Dedicate at no cost to the City of Milton prior to the approval of a
Certificate of Occupancy, sufficient land as necessary to provide
the following:
i. Provide at least 12 feet of right-of-way from the back of
curb of all abutting road improvements or 1 foot from the
back of sidewalk, whichever is greater, along the entire
property frontage, as well as allow the necessary
construction easements while right-of-way is being
improved.
ii. Installation/modification of the following transportation
infrastructure to be installed in accordance with Chapter
48 Streets, Sidewalks and Other Public Places of the City of
Milton Code of Ordinances:
1. SB Right Turn Lanes on Deerfield Pkwy at all site
driveways
a. Any existing sidewalk or utilities in conflict with
new turn lane location shall be relocated.
b) Any new required entrances shall meet the City of Milton Code of
Ordinances and AASHTO guidelines as approved by Milton Public
Works and shall conform to the following:
i. The Deerfield Pkwy driveways shall provide a minimum of 100
feet or the 95% queue length, whichever is greater, of
uninterrupted access. This distance shall be measured from
the edge of the thru lane on Deerfield Pkwy to the edge of
any interior drive aisle or parking space.
ii. Provide two full access drives and one right-in, right-out
access on Deerfield Parkway.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 22 of 24
R/A RZ10-05, ZM10-0 RZ99-11
c) At the time of development of the property to the south (N/F
Devender & Muralidhar Reddy), a 50-foot access easement is
required along the southern driveway from Deerfield Pkwy right of
way to the location on the south property line where inter-parcel
access will be provided to the property to the south.
i. Location of access to shared drive shall be at a
minimum distance of the 95th percentile queue for the
combined condition with future development or one
hundred feet, whichever is greater.
d) Provide a 50-foot access easement free of any structures or utilities
for vehicular and pedestrian inter-parcel access on the northwest
property line (N/F First Town, L.P.) as coordinated with property
owner to the north and as approved by Milton Public Works.
5) To the owner’s agreement to abide by the following:
a) The stormwater management facilities shall comply with the City of
Milton stormwater requirements and shall utilize earthen
embankments, where possible. Walled structures are not
encouraged. If walled structures are proposed, they must meet the
acceptable design standards of the Department of Community
Development.
i. Where side slopes for stormwater management facility
are steeper than 4:1 the facility shall have a six foot
high, five-board equestrian style fence with two inch by
four inch welded wire constructed around it, or as may
be approved by the Director of Community
Development.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 23 of 24
R/A RZ10-05, ZM10-0 RZ99-11
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 4, 2012 (First Presentation)
*Based on the Revised Site Plan Received by the Community Development
Department on May 8, 2012
5/25/2012
RZ12-06/VC12-03 Page 24 of 24
R/A RZ10-05, ZM10-0 RZ99-11
ORDINANCE NO._______
PETITION NO. RZ12-06/VC12-03
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) AND O-I
(OFFICE-INSTITUTIONAL) TO A (MEDIUM DENSITY APARTMENTS) FOR A 256
UNIT DEVELOPMENT AT AN OVERALL DENSITY OF 12 UNITS PER ACRE
LOCATED ON THE WEST SIDE OF DEERFIELD PARKWAY HAVING A FRONTAGE
OF 1,599 FEET (22-5280-1047-026-2)
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
June 18th 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 on the
west side of Deerfield Parkway with a frontage of 1,599 feet, consisting of a total of approximately
21.368 acres as described in the attached legal description, be rezoned to the A (Medium Density
Apartments) District with conditions, attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lot 1114, 1047, 1113 of the 2nd District
2nd Section, City of Milton, Fulton County, Georgia; and
SECTION 2. That the A (Medium Density Apartments) zoning listed in the attached
conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 14 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 18th day of June, 2012.
_________________________________
Mayor Joe Lockwood
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be approved A
(Medium Density Apartments) 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) No more than 256 total dwelling units at a maximum density of 12 units
per acre based on the total acreage zoned, whichever is less.
b) No more than 26 three-bedroom units.
c) Height shall not exceed 45 feet as measured from average grade.
2) To the owner’s agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on May 8, 2012*. 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. In the event the
Recommended Conditions of Zoning cause the approved site plan to
be substantially different, the applicant shall be required to complete
the concept review procedure prior to application for a Land
Disturbance Permit. Unless otherwise noted herein, compliance with all
conditions shall be in place prior to the issuance of the first Certificate
of Occupancy.
3) To the owner’s agreement to the following site development considerations:
a) To provide two bus shelters at MARTA bus stops without signage as
approved by the City of Milton Design Review Board.
b) Internal multi-use trails shall be a minimum of 10 feet wide or as
approved by the Public Works Department.
i. Internal multi-use trails shall be constructed of pervious
materials as approved by the Community Development
Department.
c) Buildings shall be substantially the same as the designs presented by
the applicant at the May 22, 2012 Planning Commission Meeting.
d) Tree save areas should be considered as often as possible in
regards to specimen trees.
4) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a) Dedicate at no cost to the City of Milton prior to the approval of a
Certificate of Occupancy, sufficient land as necessary to provide
the following:
i. Provide at least 12 feet of right-of-way from the back of curb
of all abutting road improvements or 1 foot from the back of
sidewalk, whichever is greater, along the entire property
frontage, as well as allow the necessary construction
easements while right-of-way is being improved.
ii. Installation/modification of the following transportation
infrastructure to be installed in accordance with Chapter 48
Streets, Sidewalks and Other Public Places of the City of
Milton Code of Ordinances:
1. SB Right Turn Lanes on Deerfield Pkwy at all site driveways
a. Any existing sidewalk or utilities in conflict with new
turn lane location shall be relocated.
b) Any new required entrances shall meet the City of Milton Code of
Ordinances and AASHTO guidelines as approved by Milton Public
Works and shall conform to the following:
i. The Deerfield Pkwy driveways shall provide a minimum of 100
feet or the 95% queue length, whichever is greater, of
uninterrupted access. This distance shall be measured from the
edge of the thru lane on Deerfield Pkwy to the edge of any
interior drive aisle or parking space.
ii. Provide two full access drives and one right-in, right-out access
on Deerfield Parkway.
c) At the time of development of the property to the south (N/F
Devender & Muralidhar Reddy), a 50-foot access easement is
required along the southern driveway from Deerfield Pkwy right of
way to the location on the south property line where inter-parcel
access will be provided to the property to the south.
i. Location of access to shared drive shall be at a minimum
distance of the 95th percentile queue for the combined
condition with future development or one hundred feet,
whichever is greater.
d) Provide a 50-foot access easement free of any structures or utilities for
vehicular and pedestrian inter-parcel access on the northwest
property line (N/F First Town, L.P.) as coordinated with property
owner to the north and as approved by Milton Public Works.
5) To the owner’s agreement to abide by the following:
a. The stormwater management facilities shall comply with the City of
Milton stormwater requirements and shall utilize earthen
embankments, where possible. Walled structures are not
encouraged. If walled structures are proposed, they must meet the
acceptable design standards of the Department of Community
Development.
i. Where side slopes for stormwater management facility
are steeper than 4:1 the facility shall have a six foot
high, five-board equestrian style fence with two inch by
four inch welded wire constructed around it, or as may
be approved by the Director of Community
Development.
Revised Site Plan Submitted on May 8, 2012
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
1
To: Honorable Mayor and City Council Members
From: Kathleen Field, Community Development Director
Date: May 23, 2012 for the June 18, 2012 City Council Meeting (June 4, 2012 First
Presentation, June 11, 2012 Work Session)
Agenda Item: RZ12-08 – To delete Article VII, Division 7 of the Zoning Ordinance (Chapter 64
of the City Code) – Crabapple Crossroads of the Northwest Fulton Overlay and
concurrently adopt a new Article XIX, Crabapple Form Based Code in the Zoning
Ordinance (Chapter 64 of the City Code)
CMO (City Manager’s Office) Recommendation:
The Mayor and City Council to hear and approve the attached text amendment to delete the
Crabapple Crossroads of the Northwest Fulton Overlay and concurrently adopt a new Article
XIX, Crabapple Form Based Code in the Zoning Ordinance (Chapter 64 of the City Code).
Background:
During the Spring of 2011, the Mayor and City Council asked the Community Development
Department to initiate a Visioning Study of the Crabapple Crossroads area to assist in building a
master plan for the community that represented the collective vision of the community. Lew
Oliver, Inc. Whole Town Solutions was selected to lead the Visioning Study. Mr. Oliver and his
design team held various workshops and charettes with stakeholders that included:
neighborhood representatives, property owners, schools and churches, business community,
elected officials, appointed board members and government staff to enhance the planning
process. After several meetings, the design team created the Visioning Study.
Lew Oliver made the final presentation of the Visioning Study on April 11, 2011 to the Mayor
and City Council. The Mayor and City Council approved a Resolution to Accept the “City of
Milton Visioning Plan” Dated March 11, 2011 Prepared by Lew Oliver, Inc. – Whole Town
Solutions and as Amended by the Community Development Department on September 7, 2011.
The next step in implementing the Visioning Plan for Crabapple was to take the plan to the next
level of planning. Staff introduced the idea of utilizing a form based code for the plan area. This
idea was endorsed by the Mayor and City Council and Staff was directed to initiate the steps for
a form based code as well as to include a section on transfer of development rights.
On December 7, 2011 the City of Milton held the first stakeholder meeting for the Crabapple
Overlay Zoning District Form Based Code project. This group, composed of 12 Crabapple
business, resident and appointed citizen representatives, plus four Milton staffers, two
consultants and a planner from the Atlanta Regional Commission was tasked with creating a
form-based zoning overlay district, incorporating regulations for transfer of development rights in
Crabapple.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
2
Discussion:
After several stakeholder and public participation meetings the first draft of the Form Based
Code and Transfer of Development Rights was presented at the Stakeholders Meeting on
February 29, 2012. Included in the FBC were a “Regulating Plan” Map and a “Transfer of
Development Rights” Zone Map that would be the new overlay district to replace the existing
Crabapple Crossroads Overlay District.
Staff notes that there are properties within the regulating plan that suggest a higher use of the
property than the existing zoning district provides. This is permitted through the “new overlay
district”. Since that time, with several edits suggested by Staff, stakeholders, and property
owners the code was updated. The process for a text amendment was initiated by Staff in April,
2012. The Planning Commission reviewed it at their April 23rd meeting with a Community
Zoning Information Meeting held on April 24, 2012. The Plan was next presented at a Planning
Commission Work Session on May 15, 2012 with both Caleb Racicot from TSW and Lew Oliver
present to address questions specific to landscape and architectural standards.
At the Work Session, the Planning Commission debated if there should be the same
Architectural Standards as described in Article 4.14 for not only multi-family and commercial
structures, but also for single family residential structures. Up to this point in time, only
standards for commercial and multi-family buildings, as opposed to single family structures,
were vetted through the Stakeholder meetings.
Staff confirmed with the City Attorney that all properties, not already issued a building permit,
would be required to meet the new standards of the Crabapple Form Based Code after the
adoption of said text amendment.
The Planning Commission at its meeting on May 22, 2012 recommended that single family
residential structures be held to the same standard as commercial and multi-family buildings by
a vote of 4-3. The draft Crabapple Form Based Code which includes the Transfer of
Development Rights is provided for your review. The red lines indicate the proposed changes
and or additions recommended by the Planning Commission. No one spoke at the public
hearing before the vote.
Overall, there has been a very positive and excited response from residents, property owners,
business owners and developers to the form based code in Crabapple. Staff has met with
several potential land owners and developers regarding the upcoming changes that the
adoption of the form based code will bring to the area.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
3
Alternatives:
The Mayor and City Council may choose to approve, deny or defer the Text Amendment to
delete Article VII, Division 7 of the Zoning Ordinance (Chapter 64 of the City Code) – Crabapple
Crossroads of the Northwest Fulton Overlay and concurrently adopt a new Article XIX,
Crabapple Form Based Code in the Zoning Ordinance (Chapter 64 of the City Code)
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
May 23, 2012 1
ARTICLE 1. GENERAL
1.1 INTENT
1.2 APPLICABILITY
1.3 TRANSECT ZONES AND SPECIAL
DISTRICTS
1.4 PROCESS
1.5 WARRANTS AND VARIANCES
1.6 DENSITY CALCULATIONS
1.7 TRANSFER OF DEVELOPMENT RIGHTS
ARTICLE 2. REGULATING PLANS
2.1 INSTRUCTIONS
2.2 INFILL REGULATING PLAN GENERAL
REQUIREMENTS
ARTICLE 3. PUBLIC STANDARDS
3.1 INSTRUCTIONS
3.2 THOROUGHFARES - VEHICULAR LANES
3.3 THOROUGHFARES - BICYCLE AND
EQUESTRIAN FACILITIES
3.4 THOROUGHFARES - PUBLIC
FRONTAGES
3.5 CIVIC ZONES
ARTICLE 4. LOT AND BUILDING PLANS
4.1 INSTRUCTIONS
4.2 NON-CONFORMING PROPERTIES
4.3 SPECIAL REQUIREMENTS
4.4 BUILDING PLACEMENT
4.5 BUILDING FORM
4.6 BUILDING FUNCTION
4.7 SCREENING AND FENCING
4.8 OFF-STREET PARKING AND LOADING
4.9 PARKING LOCATION STANDARDS
4.10 LANDSCAPE STANDARDS
4.11 LIGHTING STANDARDS
4.12 DRIVE-THROUGH STANDARDS
4.13 GASOLINE STATION STADNARDS
4.14 SIGN STANDARDS
4.15 ARCHITECTURAL STANDARDS
ARTICLE 5. STANDARDS AND TABLES
TABLE 1 TRANSECT ZONE DESCRIPTIONS
TABLE 2A VEHICULAR LANE DIMENSIONS
TABLE 2B VEHICULAR LANE/PARKING
ASSEMBLIES
TABLE 3A PUBLIC FRONTAGES - GENERAL
TABLE 3B PUBLIC FRONTAGES - SPECIFIC
TABLE 3C THOROUGHFARE ASSEMBLIES
TABLE 4 CIVIC SPACE
TABLE 5 BUILDING FORM - HEIGHT
TABLE 6 BUILDING PLACEMENT
TABLE 7 PRIVATE FRONTAGES
TABLE 8A BUILDING FUNCTION
TABLE 8B BUILDING UNIT FUNCTION
EXCHANGE RATES
TABLE 9 SPECIFIC FUNCTION & USE
TABLE 10 CODE SUMMARY
TABLE 11A CODE GRAPHICS - T3
TABLE 11B CODE GRAPHICS - T4
TABLE 11C CODE GRAPHICS - T5
TABLE 12 DEFINITIONS ILLUSTRATED
ARTICLE 6. DEFINITIONS OF TERMS
ARTICLE 7. ARCHITECTURAL STYLES
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
May 23, 2012 2
ARTICLE 1. GENERAL INSTRUCTION
1.1 INTENT
The intent and purpose of this code is to enable and support the implementation of the following policies:
a. That Crabapple is an important center for high-quality, mixed-use development in the City of Milton as
established in the Crabapple Visioning Study and the City of Milton 2030 Comprehensive Plan.
b. That within Crabapple ordinary activities of daily life should occur within walking or bicycling distance of
most dwellings.
c. That interconnected networks of thoroughfares should be designed to disperse traffic and reduce the
length of automobile trips.
d. That a range of housing options should be provided to accommodate different needs in the community.
e. That development should be concentrated in areas served by existing infrastructure and discouraged in
areas lacking it.
f. That development patterns should enable children to walk or bicycle to school.
g. That a range of open spaces including parks, squares, playgrounds, and preserved rural areas should
be distributed throughout Crabapple.
h. That buildings and landscaping should contribute to the physical definition of thoroughfares as civic
places.
i. That development should adequately accommodate automobiles while respecting the pedestrian and
the spatial form of public areas.
j. That community design should reinforce safe environments, but not at the expense of accessibility.
k. That architecture and landscape design should grow from the local climate, topography, history, and
building practices.
l. That civic buildings and public gathering places should be provided as locations that reinforce
community identity and support self-governance.
m. That civic buildings should be distinctive and appropriate to a role more important than the other
buildings that constitute the fabric of the area.
n. That the preservation and renewal of historic buildings should be facilitated.
o. That the harmonious and orderly growth of Crabapple should be secured through form-based codes.
1.2 APPLICABILITY
1.2.1 Capitalized terms used throughout this code may be defined in Article 6 Definitions of Terms or Article 7
Architectural Styles. Article 6 contains regulatory language that is integral to this code. Those terms not
defined in Article 6 shall be accorded their commonly accepted meanings. In the event of conflicts between
these definitions and those of Section 64-1 of this zoning ordinance, those of this code shall take
precedence.
1.2.2 The metrics of Article 5 Standards and Tables are an integral part of this code. However, the diagrams and
illustrations that accompany them should be considered guidelines, with the exception of those in Table 12
Definitions Illustrated, which are also legally binding.
1.2.3 Where in conflict, numerical metrics shall take precedence over graphic metrics.
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
May 23, 2012 3
1.3 TRANSECT ZONES AND SPECIAL DISTRICTS
1.3.1 To reflect a variety of development patterns this code includes Transect Zones, Civic Zones, and Special
Districts, the locations for which are set forth within the Crabapple Regulating Plan or an approved Infill
Regulating Plan.
1.3.2 The standards for Transect Zones and Civic Zones shall be as set forth in Articles 3, 4, and 5.
1.3.3 The standards for Transect Zone T4 shall also apply to zones T4-Restricted and T4-Open except as
specifically indicated.
1.3.4 Areas that, by their intrinsic character, cannot conform to the requirements of any Transect Zone are
designated as Special Districts. Special Districts shall be governed by the standards of the base zoning as
indicated on the Crabapple Regulating Plan, except as otherwise specifically identified in Article 3.
1.4 PROCESS
1.4.1 Projects that require no Variances or Warrants, or only Warrants, from the requirements of this code shall
be processed administratively without further recourse to public consultation except as established below for
the city design review board or the historic preservation commission, as applicable.
1.4.2 Except as established below for historic districts, the city design review board, as set forth in Section 64-
1120 of this zoning ordinance, shall review all plans for development except detached single-family
residential in this district for compliance with the standards herein prior to the approval of a land disturbance
permit, building permit, or demolition permit for both residential and nonresidential structures.
1.4.3 Within historic districts or properties, the historic preservation commission shall review plans for all
development in this district for compliance with the standards herein prior to the approval of a land
disturbance permit, building permit, or demolition permit for both residential and nonresidential structures.
Where a site partially occupies a historic district, the historic preservation commission’s review shall be
limited to the portion within said district.
1.5 WARRANTS AND VARIANCES
1.5.1 There shall be two types of deviation from the requirements of this code: Warrants and Variances. Whether
a deviation requires a Warrant or Variance shall be determined by the community development director
except where specifically prescribed in this code
1.5.2 A Warrant is a ruling that would permit a practice that is not consistent with a specific provision of this code
but is justified by its intent. A Warrant shall be processed as an administrative variance by the community
development director.
1.5.3 Warrants relating to a physical elements or metric of this code shall be based upon credible submitted
evidence demonstrating that:
a. Approval, if granted, would not offend the spirit or intent of this code as set forth in Section 1.1 Intent;
b. There are such extraordinary and exceptional situations or conditions pertaining to the particular piece
of property that the literal or strict application of this code would create an unnecessary hardship due
to size, shape or topography or other extraordinary and exceptional situations or conditions not caused
by the applicant;
c. Relief, if granted would not cause a substantial detriment to the public good and surrounding
properties; and
d. That the public safety, health and welfare are secured, and that substantial justice is done.
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
May 23, 2012 4
1.5.4 Warrants relating to use shall be based upon the considerations for use permits established in Section 64-
1552.
1.5.5 A Variance is any ruling on a deviation other than a Warrant. A Variance shall be processed as a primary
variance by the board of zoning appeals.
1.5.6 The mayor and city council may process Warrants and Variances as a concurrent variance in conjunction
with approval of an Infill Regulating Plan.
1.5.7 The city design review board shall only make recommendations for Variances.
1.5.8 The following standards and requirements shall not be available for Warrants or Variances:
a. The minimum Base Densities. (See Table 10a.)
b. The permission to build Accessory Buildings.
1.6 DENSITY CALCULATIONS
1.6.1 All areas of a site shall be considered cumulatively the Gross Site Area.
1.6.2 Density shall be expressed in building units per acre as specified for each Transect Zone by Table 10a.
1.6.3 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density identified in
Table 10a by the Gross Site Area. Where a site includes multiple Transect Zones, each shall be calculated
independently. The area of new Thoroughfares and Civic Spaces on the site shall be allocated to the closest
Transect Zone(s) on the site. Where a Thoroughfare or Civic Space adjoins multiple Transect Zones, their
area shall be proportionally allocated to the adjoining zones.
1.6.4 Where a site is subdivided into lots, a lot's Density may exceed the Density of the Transect Zone within
which it lies, provided that the Transect Zone's maximum Density established in Section 1.6.3 is not
exceeded.
1.6.5 Building units shall be exchanged for Functions at the following rates as established in Table 8B:
a. Residential: 1 dwelling unit for each building unit.
b. Lodging: 2 guest rooms for each building unit.
c. Office: 2,250 square feet for each building unit.
d. Retail: 2,250 square feet for each building unit.
e. Other: 2,250 square feet for each building unit.
1.6.6 Accessory Units do not count toward Density calculations.
1.6.7 Civic Buildings do not count towards Density calculations.
1.6.8 Senior housing units do not count toward Density calculations, but are subject to Density limitations
established in Section 64-1834.
1.6.9 Contributing historic structures in a historic district or property do not count towards Density calculations.
1.6.10 The number of Building Units on a site may be increased by two Building Units for every one parking space
provided that parking meets one of the following conditions:
a. Is located within a Parking Structure having two or more above-ground stories.
b. Is located within a Parking Structure having one or more below-ground stories.
c. Is available for exclusive use by off-site Retail, Restaurant, Civic, or Office Functions within a straight-
line radius of 600 horizontal feet from the parking space to the public entrance of the establishment.
Parking spaces meeting two or more of the above conditions shall only be considered as meeting one
condition for the purpose of the Building Unit bonus.
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1.6.11 The Base Density of a site may be increased by the Transfer of Development Rights (TDR) up to the
amount specified for each zone by Table 10a subject to the provisions of Section 1.7
1.7 TRANSFER OF DEVELOPMENT RIGHTS
1.7.1 Purpose: The TDR mechanism is intended to encourage the voluntary redirection of future growth from
areas where Milton wants reduced development into areas designated for development. Landowners can
voluntarily choose to have their properties considered as either Open Space TDR Sending Sites or
Park/Greenway TDR Sending Sites. Open Space TDR Sending Sites remain under private ownership
subject to a conservation easement permanently limiting future development. Park/Greenway TDR Sending
Sites are transferred from private ownership to the City of Milton or otherwise secured for public access in a
manner acceptable to the City. In return for voluntarily participating in the TDR program, private property
owners receive Transferable Development Rights (TDRs) which can be transferred for use at designated
TDR Receiving Sites. The owners of TDR Receiving Sites can build up to Base Densities without using
TDRs. If they choose to do so, owners of TDR Receiving Sites may exceed the baseline and build up to
maximum Density limits at the ratio of two bonus Building Units per full TDR.
1.7.2 TDR Sending Site Criteria
a. Open Space TDR Sending Sites shall be a minimum of 5 acres in size, shall be zoned T2 within this
district or AG-1 outside of this district and shall contain natural or agricultural features whose retention
would implement Milton’s goals for maintaining significant environmental areas, rural character and
open space. Parcels shall not qualify if the restrictions that would be imposed by a conservation
easement have already been established by a preexisting easement or similar instrument.
b. Park/Greenway TDR Sending Sites shall be a minimum of one acre in size, unoccupied by any
residences or other improvements that would render the site unusable for public access and shall be
designated as suitable for Park, Greenway, Civic Space, trail or other public recreational uses in an
adopted plan or code. Parcels in public ownership prior to the effective date of this code shall not
qualify as TDR Sending Sites. However, parcels that the City buys for Parks and Greenways after the
effective date of this code meet the criteria for Park/Greenway TDR Sending sites.
1.7.3 TDR Sending Site Approval Process
a. Open Space TDR Sending Sites: Property owners may offer their land as Open Space TDR Sending
Sites using application forms provided by the community development department. If the community
development director finds that the proposed property meets the criteria, he/she shall approve the
application and oversee the execution and recordation of a permanent conservation easement,
approved by the community development director, that limits future development of the sending site to a
density of no more than one dwelling per parcel or one dwelling per full 25 acres, whichever is greater.
The easement shall apply to the entire lot. Regardless of any possible future rezoning of the TDR
Sending Site, the easement shall permanently limit residential development to a maximum density of
one dwelling per parcel or one dwelling per full 25 acres, whichever is greater. The easement shall
specify that all other uses, building requirements and activities shall be controlled by the provisions of
the T2 zone for parcels within this district and the provisions of the AG-1 zoning district for parcels
outside of this district.
b. Park/Greenway TDR Sending Sites: Property owners may offer their land as Park/Greenway TDR
Sending Sites using application forms provided by the community development department. If the
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property owner proposes to transfer title to Milton, the change of ownership shall pertain to the entire
parcel. If the Community Development Director finds that the proposed property meets the criteria for a
Park/Greenway TDR Sending Site, he/she shall approve the application and oversee the transfer of title
to the City of Milton or an agency/ organization authorized by the City Council. A permanent public
access easement approved by the community development director may be used instead of title
transfer if the proposed easement would implement all preservation and public recreational goals for
the site in question to the satisfaction of the community development director. This easement may apply
to all or a portion of a single parcel as long as the portion subject to the easement is at least one acre in
size. If a Park/Greenway TDR Sending Site is secured by easement rather than City ownership, the
easement shall permanently prohibit all residential development, shall preclude any improvements that
would impede site use for public purposes and shall specify that all other uses and activities will be
controlled by the provisions of the T2 for parcels within this district or the provisions of the AG-1 zoning
district for parcels outside the this district.
1.7.4 TDR Allocation
a. Open Space TDR Sending Sites: Upon recordation of an approved conservation easement, the
community development director shall deduct the area of land precluded from development by
preexisting easements and issue TDRs to the owners of Open Space TDR Sending Sites using the
following formula:
i. One TDR per full acre of Unconstrained Land
ii. Plus one TDR per four full acres of Constrained Land
iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres
b. Park/Greenway TDR Sending Sites: Upon title transfer or recordation of an approved public access
easement, the Community Development Director shall deduct the area of land precluded from
development by preexisting easements and issue Transferable Development Rights to the owners of
Park/Greenway TDR Sending Sites using the following two-step process.
Step One: calculate the total number of TDRs produced by i, ii and iii below:
i. One TDR per full acre of Unconstrained Land
ii. Plus one TDR per four full acres of Constrained Land
iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres.
Step Two:
Multiply the total from Step One by a factor of 1.25
c. Civic Space TDR Sending Sites: Upon title transfer or recordation of an approved public access
easement, the community development director shall deduct the area of land precluded from
development by preexisting easements and issue Transferable Development Rights to the owners of
Parks/Greenways TDR Sending Sites designated as suitable for Civic Spaces in an adopted plan or
code using the following two-step process.
Step One: calculate the total number of TDRs produced by i, ii and iii below:
i. One TDR per full acre of Unconstrained Land
ii. Plus one TDR per four full acres of Constrained Land
iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres.
Step Two:
Multiply the total from Step One by a factor of 1.5.
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1.7.5 TDR Transfers: The community development director shall establish and administer a process for
documenting and monitoring the issuance, transfer and permanent extinguishment of TDRs when they are
used to increase density in a TDR Receiving Site development. Sending area property owners who are
issued TDRs may retain them, transfer them directly to receiving area developers or transfer them to
intermediaries who may also retain them or transfer them to receiving area developers. The City of Milton
may but is not obligated to buy, hold and resell TDRs. The City may also sever TDRs from land that it buys
after the effective date of this ordinance for Parks and Greenways and sell these TDRs for use in TDR
Receiving Site developments. The price paid for TDRs is determined by negotiation between TDR buyers
and sellers.
1.7.6 TDR Receiving Sites: TDRs may be transferred to the TDR Receiving Sites designated by this code and
any additional TDR Receiving Sites that may subsequently be designated by the City. TDR Receiving Site
owners may build at or below the Base Densities established by code without any use of TDRs. However,
owners who choose to do so may exceed the baseline and achieve the established maximum densities at
the transfer ratio set forth in Section 1.7.7.
1.7.7 TDR Transfer Ratio: Pursuant to this code, developers of projects on TDR Receiving Sites may use the
TDR option to exceed baseline density and achieve the maximum code-allowed density at the transfer ratio
of two building units per full TDR. As set forth in Section 1.6.5, each building unit shall be exchanged for
Functions at the following rates:
a. Residential: 1 dwelling unit for each building unit.
b. Lodging: 2 guest rooms for each building unit.
c. Office: 2,250 square feet for each building unit.
d. Retail: 2,250 square feet for each building unit.
e. Other: 2,250 square feet for each building unit.
1.7.8 Unified Sending/Receiving Site: A TDR Sending Site and a TDR Receiving Site may occur on a single
parcel if the respective portions of the parcel meet all criteria. TDRs from the Sending Site portion of the
parcel shall be allocated using the formula provided in 1.7.4 except TDRs shall not be granted open space
and Greenway dedications that are required as a condition of site development. TDRs from the TDR
Sending Site portion of the parcel may be transferred to the TDR Receiving Site portion of the parcel,
transferred to a separate TDR Receiving Site or to any combination of on-site and off-site TDR Receiving
Sites.
1.7.9 Density Transfer Charge Option: If and when the mayor and city council adopts a Density Transfer Charge
(DTC), TDR Receiving Site owners may gain bonus Density by paying the legislated DTC amount in lieu of
each TDR that would otherwise be required. The city shall use DTC proceeds exclusively for the
preservation of TDR Sending Sites and TDR program administration. The city may combine DTC proceeds
with funding from other sources in order to acquire TDR Sending Sites and TDR Sending Site easements.
Based on the recommendations of the community development director, the mayor and city council may
adjust the DTC amount as needed in response to changes in real estate values.
1.7.10 Compliance Requirements
a. When the use of the TDR option results in divisions of land, TDR compliance shall occur prior to final
subdivision map approval.
b. When the use of the TDR option results in additional Density without a division of land, TDR compliance
shall occur prior to building permit issuance.
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ARTICLE 2. REGULATING PLANS
2.1 INSTRUCTIONS
2.1.1 The geographic locations of the following shall be as set forth in the Crabapple Regulating Plan:
a. Transect Zones
b. Existing Civic Building Sites and Civic Spaces, and sites suitable for new Civic Spaces.
c. Thoroughfare network, existing and planned
d. Special Districts
e. Mandatory Private Frontages
f. Mandatory Public Frontages along existing Thoroughfares
2.1.2 The Crabapple Regulating Plan is an exclusive and mandatory regulation. Property owners within the plan
area may submit Building Scale Plans under Article 4 in accordance with the provisions of this code.
2.1.3 The owner of a parcel or abutting parcels may apply for a Warrant to adjust the locations of Transect Zones
and Thoroughfares from those shown in the Crabapple Regulating Plan subject to the following:
a. The location of Transect Zones may be adjusted by up to a total of 300 horizontal feet, with a
corresponding change in area and Density.
b. The location of planned Thoroughfares may be adjusted by up to a total of 300 horizontal feet, provided
that the interconnected network shown in the Crabapple Regulating Plan is maintained.
2.1.4 The owner of a parcel, or abutting parcels, consisting of 10 acres or more of contiguous lots may initiate the
preparation of an Infill Regulating Plan in accordance with Section 2.2 of this code.
2.1.5 Civic Building Sites may be identified on the Crabapple Regulating Plan by Warrant.
2.2 INFILL REGULATING PLAN REQUIREMENTS
2.2.1 Approval of Infill Regulating Plans is pursuant to the procedures for rezoning.
2.2.2 Infill Regulating Plans shall include one or more maps showing the following, in compliance with the
standards described in this Article:
a. Transect Zones
b. Density by Transect Zone
c. Civic Building Sites and Civic Spaces
d. Thoroughfare network
e. Special Requirements, if any
f. Designation of a mandatory Setback for buildings from any lot line, if any
g. Mandatory Private Frontages, if any
h. Required landscape buffers adjacent to Special Districts, if any
2.2.3 The following elements shall not deviate from those established in the Crabapple Regulating Plan:
a. Mandatory Public Frontages along existing Thoroughfares
b. Greenways, although their exact locations may vary provided the connections to adjacent sites shown
in the Crabapple Regulation Plan are maintained.
2.2.4 Each Infill Regulating Plan shall dedicate at least 5% its total area to Civic Space. Civic Space shall be
designed as generally described in Table 4 and distributed through the Transect Zones as described in
Table 10d. Greenways shall not be counted towards this requirement, except where they pass through a
Civic Space meeting the requirements of Table 4.
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2.2.5 The Thoroughfare network shall be designed to define Blocks not exceeding the size prescribed in Table
10b. The perimeter shall be measured as the sum of lot Frontage Lines. Block perimeter at the edge of the
development parcel shall be subject to approval by Warrant.
2.2.6 All Thoroughfares shall terminate at other Thoroughfares, forming a network. Internal Thoroughfares shall
connect wherever possible to those on adjacent sites. Cul-de-sacs shall be subject to approval by Warrant
to accommodate specific site conditions only.
2.3 LANDSCAPE BUFFERS
2.3.1 The requirements of Section 64-237 shall not apply within this code.
2.3.2 Adjacent to a Special District the following shall apply:
a. For sites on 4 acres or less, a 50 foot wide undisturbed buffer, with a 10 foot improvement setback,
shall be located adjacent to the Special District.
b. For sites on more than 4 acres, a 75 foot wide undisturbed buffer, with a 10 foot improvement setback,
shall be located adjacent to the Special District.
2.3.3 To make buffers seem natural, an equal mix of four species from the Acceptable Evergreen Plant Material
for Milton Undisturbed Buffers shall be used.
2.3.4 Modifications to the minimum buffer requirements shall be granted by Variance.
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ARTICLE 3. PUBLIC STANDARDS
3.1 INSTRUCTIONS
3.1.1 All sites, including those in Special Districts, shall incorporate Thoroughfares and Civic Spaces as
established in the Crabapple Regulating Plan or an approved Infill Regulating Plan.
3.1.2 Where no approved Infill Regulating Plan exists:
a. Additional Thoroughfares may be provided, provided that all Thoroughfares shall terminate at other
Thoroughfares, forming a network. Cul-de-sacs shall be subject to approval by Warrant to
accommodate specific site conditions only.
b. Additional Civic Spaces may be provided.
3.1.3 Thoroughfares are intended for use by vehicular, bicycle, equestrian, and pedestrian traffic and to provide
access to lots and Civic Spaces. Thoroughfares shall generally consist of Vehicular Lanes and Public
Frontages. Bicycle Facilities and Equestrian Trails, where provided along a Thoroughfare, shall also be
considered part of saida Thoroughfare.
3.1.4 Thoroughfares and Civic Spaces shall be designed in context with the physical form of their Transect Zones.
The Public Frontages of Thoroughfares that pass from one Transect Zone to another shall be adjusted
accordingly or, alternatively, the Transect Zone may follow the alignment of the Thoroughfare to the depth of
one lot, retaining a single Public Frontage throughout its trajectory.
3.1.5 Each lot shall Enfront a vehicular Thoroughfare or Civic Space, except that 20% of the lots within each
Transect Zone may Enfront a Passage.
3.1.6 Standards for Thoroughfares within Special Districts shall be determined by the public works director, who
may, at their discretion, require alternative standards.
3.1.7 Rear Alleys and Rear Lanes shall be provided where required by Table 10c.
3.1.8 Rear Alleys should be paved for their width.
3.1.9 Rear Lanes may be paved lightly to driveway standards. Their streetscapes shall consist of gravel or
landscaped edges, and have no raised Curb.
3.2 THOROUGHFARES - VEHICULAR LANES
3.2.1 Thoroughfares may include vehicular lanes in a variety of widths for parked and moving vehicles, and
Bicycle Lanes. The standards for vehicular lanes shall be as shown in Table 2A, subject to approval of the
public works director, who may require alternative standards.
3.3 THOROUGHFARES - BICYCLE AND EQUESTRIAN FACILITIES
3.3.1 A bicycle and equestrian network consisting of Greenways (which may include Multi-Use Trails and
Equestrian Trails) and Bicycle Lanes shall be provided as specified in the Crabapple Regulating Plan. The
bicycle network shall be connected to existing or proposed city and regional networks wherever possible.
3.3.2 Greenway requirements may be satisfied by Warrant by providing a minimum 30 foot wide open space
corridor in the approximate location shown on the Crabapple Regulating Plan and granting the City of Milton
access easements for future Multi-Use Trails and Equestrian Trails.
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3.4 THOROUGHFARES - PUBLIC FRONTAGES
3.4.1 General to zones T2, T3, T4, T5
a. The Public Frontage contributes to the character of the Transect Zone and includes Sidewalk, Curb,
Planter, and trees. Greenways, if provided, are also part of the Public Frontage.
b. Public Frontages shall be designed as shown in Table 3A and Table 3B and allocated within Transect
Zones as specified in Table 10c.
c. Retrofit of existing thoroughfares shall be accomplished in the Public Frontage by widening Sidewalks,
adding trees, adding public lighting, and adding Greenways. Where this occurs and there is insufficient
right-of-way, the right-of-way shall be expanded or a public access easement provided to the City of
Milton. Where the latter occurs, the Frontage Line will not be congruent with the right-of-way.
d. Public lighting shall be provided as established in Section 4.11.2.
e. Street trees shall be provided in the Public Frontage, subject to the following:
i. Along State Route 372 street trees shall be placed and sized in accordance with the standards
established by the Georgia Department of Transportation.
ii. Along other Thoroughfares they shall be placed and sized in accordance with the standards
established by the American Association of State Highway and Transportation Officials.
f. The maintenance of lights and trees shall be the responsibility of the adjacent property owner or as
otherwise agreed to by the director of public works.
3.4.2 Specific to zones T2, T3
a. The Public Frontage shall include trees of various species, naturalistically clustered.
b. The introduced landscape shall consist primarily of native species requiring minimal irrigation,
fertilization and maintenance.
3.4.3 Specific to zones T3, T4, T5
a. Street trees shall be located in the Planter as shown in Table 3B and spaced a minimum of 30 and a
maximum of 60 feet on-center. The spacing may be adjusted by Warrant for specific site conditions.
b. The introduced landscape shall consist primarily of durable species tolerant of soil compaction.
3.4.4 Specific to zone T4
a. The Public Frontage shall include trees planted in a regularly-spaced Allee pattern of single or
alternated species with shade canopies of a height that, at maturity, clears at least one Story.
3.4.5 Specific to zone T5
a. The Public Frontage shall include trees planted in a regularly-spaced Allee pattern of single species
with shade canopies of a height that, at maturity, clears at least one Story. At Retail Frontages, the
spacing of the trees may be irregular, to avoid visually obscuring the Shopfronts.
3.4.6 Specific to Broadwell Road and Mayfield Road
a. The requirements of specific Transect Zones and Special Districts notwithstanding, the Public Frontage
shall include a Sidewalk with a minimum width of 8 feet and a Planter having a minimum width of 8 feet.
Street trees shall be located in the Planter and spaced a minimum of 30 and a maximum of 60 feet on-
center. The spacing may be adjusted by Warrant to accommodate specific site conditions.
b. Where approved by the public works director, on-street parallel parking may be located within the
Planter. Where said parking is provided, a Planter having a minimum size of 7 by 10 feet and planted
with one street tree shall be provided between every two parking spaces.
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3.4.7 Specific to Crabapple Road and Birmingham Highway, designated State Route 372
a. The standards identified for Broadwell Road and Mayfield Road shall also apply along Crabapple Road
and Birmingham Highway, except as otherwise required by the Georgia Department of Transportation.
3.5 CIVIC ZONES
3.5.1 General
a. Civic Zones are designated on the Crabapple Regulating Plan or Infill Regulating Plan as Civic Building
Sites or Civic Spaces.
3.5.2 Civic Spaces
a. Sites of more than 4 acres and not located within an Infill Regulating Plan shall dedicate at least 5% their
total area to Civic Space. Greenways shall not be counted towards this requirement, except where they
pass through a Civic Space meeting the requirements of Table 4.
b. Civic Spaces shall be generally designed as described in Table 4.
c. Each Civic Space shall have a minimum of 50% of its perimeter Enfronting a Thoroughfare, except for
Playgrounds and Parks.
d. Sites identified as suitable for Civic Spaces on the Crabapple Regulating Plan are not mandatory and
are identified for TDR purposes only, as established in Section 1.7.
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ARTICLE 4. BUILDING SCALE PLANS
4.1 INSTRUCTIONS
4.1.1 Lots and buildings shall be subject to the requirements of this Article.
4.1.2 Building and site plans submitted under this code shall show the following, in compliance with the standards
described in this code:
a. For preliminary site and building approval:
i. Building Placement
ii. Building Form
iii. Building Function
iv. Public Frontage Standards
b. For final approval, in addition to the above:
i. Landscape Standards
ii. Signage Standards
iii. Special Requirements, if any
iv. Architectural Standards
4.1.3 Special Districts shall be governed by the base zoning, as indicated on the Crabapple Regulating Plan.
4.1.4 Civic Building Sites shall not be subject to the requirements of this code. The particulars of their design shall
be determined by Warrant. Buildings housing Civic Functions that do not meet the definition of a Civic
Building shall be subject to the requirements of this code.
4.2 NON-CONFORMING PROPERTIES
4.2.1 Existing buildings and appurtenances that do not conform to the provisions of this code may continue in use
as they are until a Substantial Modification is requested, at which time the community development director
shall determine the provisions of this code that shall apply.
4.2.2 Lots existing at the time of adoption of this code shall not be considered non-conforming with regard to
width.
4.2.3 The modification of existing buildings is permitted By Right if such changes result in greater conformance
with the specifications of this code.
4.3 SPECIAL REQUIREMENTS
4.3.1 To the extent that the Crabapple Regulating Plan or an Infill Regulating Plan designates any of the following
Special Requirements, standards shall be applied as follows:
a. A Mandatory or Recommended Retail Frontage designation requires or advises that a building provide
a Shopfront at Sidewalk level along the entire length of its Private Frontage. The Shopfront shall be no
less than 70% glazed in clear glass and shaded by an awning overlapping the Sidewalk as generally
illustrated in Table 7. The first story shall be confined to Retail or Office use through the depth of the
Second Layer.
b. A Mandatory or Recommended Gallery Frontage designation requires or advises that a building provide
a permanent cover over the Sidewalk, either cantilevered or supported by columns (as generally
illustrated in Table 7). A Gallery Frontage may be combined with a Retail Frontage.
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c. A Mandatory or Recommended Arcade Frontage designation requires or advises that a building overlap
the Sidewalk such that the first floor Facade is a colonnade (as generally illustrated in Table 7). The
Arcade Frontage may be combined with a Retail Frontage.
d. A Coordinated Frontage designation requires that the Public Frontage (Table 4a) and Private Frontage
(Table 7) be coordinated as a single, coherent landscape and paving design.
e. A Cross Block Passage designation requires that a minimum 8 foot wide pedestrian access be reserved
between buildings.
4.4 BUILDING PLACEMENT
4.4.1 Specific to zones T2, T3, T4, T5
a. Newly platted Lots shall be dimensioned according to Table 10.
b. Building Placement types shall be as shown in Table 6 and Table 10h.
c. Buildings shall be placed in relation to the boundaries of their lots according to Table 10 and Table 12.
d. One Principal Building at the Frontage, and one Outbuilding to the rear of the Principal Building, may be
built on each Lot as shown in Table 12 except as otherwise approved by Warrant.
e. Lot coverage by building shall not exceed that recorded in Table 10.
f. Facades shall be built parallel to a rectilinear Principal Frontage Line or to the tangent of a curved
Principal Frontage Line, and along a minimum percentage of the Frontage width at the Setback, as
specified as Frontage Buildout on Table 10.
g. Setbacks for Principal Buildings shall be as shown in Table 10. Setbacks may otherwise be adjusted by
Warrant.
h. Rear Setbacks for Outbuildings shall be a minimum of 12 feet measured from the centerline of the Rear
Alley or Rear Lane easement. In the absence of Rear Alley or Rear Lane, the rear Setback shall be as
shown in Table 10.
i. To accommodate slopes over 10%, relief from front Setback requirements is available by Warrant.
j. To accommodate the preservation of specimen trees as established in the tree preservation ordinance,
relief from all setbacks, lot widths, and lot coverage is available by Warrant.
4.4.2 Specific to zone T3
a. Where use of a lesser setback is permitted for projects utilizing TDR, the amount of TDR utilized within
the T3 zone shall equal at least one Building Unit per gross acre multiplied by the area of said zone.
4.4.3 Specific to zones T4 Open, T5
a. The Principal Entrance shall be on a Frontage Line.
4.5 BUILDING FORM
4.5.1 General to zones T2, T3, T4, T5
a. Buildings shall consist of simple rectangular bar forms or cubes. There shall be one primary volume
with optional secondary volumes. Secondary volumes shall butt into the primary volume. The roof form
of the primary volume should clearly dominate. Secondary roof forms shall never dominate the
composition, and shall not be taller than the primary, excluding masts, belfries, clock towers, chimney
flues, water tanks, or elevator bulkheads. The aesthetics and proportion of the building composition
should be considered on all elevations.
b. The maximum building size shall be as follows:
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i. The maximum building footprint shall be 18,000 square feet.
ii. A group of two or more buildings that share at least one contiguous wall will be considered as one
building.
c. The Private Frontage of buildings shall conform to and be allocated in accordance with Table 7 and
Table 10.
d. Buildings on corner Lots shall have two Private Frontages as shown in Table 12. Prescriptions for the
Second and Third Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain
to both Frontages.
e. Building heights shall conform to Table 5.
f. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor
Commercial or Civic Function, which shall be a minimum of 11 feet with a maximum of 25 feet. A single
floor level exceeding 14 feet, or 25 feet at ground level, shall be counted as two stories. Mezzanines
extending beyond 33% of the floor area shall be counted as an additional Story.
g. A first level Residential Function shall be raised a maximum of 6 feet from average Sidewalk grade
unless a greater height is approved by Warrant.
h. In a Parking Structure or garage, each above-ground level counts as a single Story regardless of its
relationship to habitable Stories.
i. Height limits do not apply to Attics or raised basements, masts, belfries, clock towers, chimney flues,
water tanks, or elevator bulkheads. Attics shall not exceed 14 feet in height.
j. The habitable area of an Accessory Unit within a Principal Building or an Outbuilding shall not exceed
440 square feet, excluding the parking area.
k. The maximum number of attached Rowhouse units in a building shall be eight.
4.5.2 Specific to zone T3
a. No portion of the Private Frontage may Encroach the Sidewalk.
b. Open porches may Encroach the First Layer 50% of its depth.
c. Balconies and bay windows may Encroach the First Layer 25% of its depth except that balconies on
porch roofs may Encroach as does the porch.
4.5.3 Specific to zone T4
a. Balconies, open porches and bay windows may Encroach the First Layer 50% of its depth.
4.5.4 Specific to zone T5
b. Except where prohibited, Awnings, Arcades, and Galleries may Encroach the Sidewalk to within 2 feet
of the Curb but must clear the Sidewalk vertically by at least 8 feet.
c. Maximum Encroachment heights (Extension Lines) for Arcades shall be as shown on Table 8A.
d. Stoops, Lightwells, balconies, bay windows, and terraces may Encroach the First Layer 100% of its
depth.
e. In the absence of a building Facade along any part of a Frontage Line, a Streetscreen shall be built co-
planar with the Facade.
f. Streetscreens should be between 3.5 and 8 feet in height. The Streetscreen may be replaced by a
hedge or fence by Warrant. Streetscreens shall have openings no larger than necessary to allow
automobile and pedestrian access.
g. A first level Residential or Lodging Function shall be raised a minimum of 2 feet from average Sidewalk
grade unless a lesser height is approved by Warrant to allow wheelchair access.
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
May 23, 2012 16
h. Along Crabapple Road, Broadwell Road, Birmingham Highway, and Mayfield Road Shopfronts shall be
provided on the ground floor and corner buildings should be Chamfered.
4.5.5 Galleries and Arcades shall be prohibited along Crabapple Road, Broadwell Road, Birmingham Highway,
and Mayfield Road
4.6 BUILDING FUNCTION
4.6.1 General to all zones T2, T3, T4, T5
a. Buildings in each Transect Zone shall conform to the Functions on Table 8A, Table 9 and Table 10.
Functions that do not conform shall require approval by Use Permit or Warrant as specified on Table 9.
4.6.2 Specific to zones T2, T3
a. Accessory Functions of Restricted Lodging or Restricted Office shall be permitted within an Accessory
Building. See Table 8A.
4.6.3 Specific to zone T4-Restricted
a. Lodging, Office, and Retail Functions shall be prohibited.
4.6.4 Specific to zone T4-Open
a. The Function standards of T5 shall apply. See Table 8A.
4.6.5 Specific to zones T4, T5
a. Accessory Functions of Limited Lodging or Limited Office shall be permitted within an Accessory
Building. See Table 8A.
4.6.6 Specific to zone T5
a. Industrial Functions within the First Layer may be permitted by Variance.
4.7 SCREENING AND FENCING
4.7.1 Fences, walls and hedges shall be subject to the following:
a. Where permitted within the first Layer, fences walls and hedges shall not exceed 42 inches in height.
Retaining walls are excluded from this requirement.
b. In all other locations fences and walls shall not exceed 5 feet in height and shall be at maximum of 50%
opaque above 42 inches in height. This requirement shall not apply to fences and walls screening
refuse areas.
c. Allowed fencing material shall be three or four board wooden fencing with wood posts in the First Layer.
d. Opaque fences are prohibited in the First Layer.
e. Chainlink fencing is prohibited from public view. All chainlink fence shall be black vinyl clad.
f. Retaining walls shall be faced with stone and brick only. Retaining walls above three feet high shall
have a continuous planting of evergreens.
4.7.2 Loading docks and service areas shall be screened from view of any Thoroughfare of Civic Space by either:
a. A minimum 6 foot high opaque fence matching the material of the building; or
b. A 15 foot wide landscape strip planted with a continuous hedge of evergreen shrubs. Shrubs shall be
moderately growing, be a minimum height of 3½ to 4 feet at time of planting, and reach a height of 6
feet within two years of planting.
4.7.3 Refuse areas (dumpsters) shall be placed in the least visible location from public streets, and shall be
enclosed pursuant to rules of the Fulton County Health Department. Enclosures shall be constructed of the
same exterior wall material used for the Principal Building. The enclosure shall be one foot higher than what
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
May 23, 2012 17
is contained in the interior. The door enclosing shall be made out of wood or a material that has the
appearance of wood.
4.7.4 Mechanical features such as HVAC condensers, electrical transformers, heat pumps, and similar features
shall not be placed in the First Layer and shall be screened from view of any Thoroughfare, Civic Space, or
any property zoned, used, or developed for Residential Functions, by one of the following means:
a. Placement behind the building;
b. 100% opaque fencing which shall be constructed of the same type of exterior material used for the
Principal Building; or
c. By a berm or vegetative screening. The screening shall consist of evergreen shrubs, be 42 to 48 inches
in height at time of planting, and reach a height of 6 feet within two years or planting.
4.7.5 Detention ponds shall have a minimum 10 foot wide landscape strip planted to buffer standards with
evergreen plantings exterior to any required fence and or required access area.
4.8 OFF-STREET PARKING AND LOADING
4.8.1 Off-street parking and loading shall be provided in accordance with Article VII of this zoning ordinance.
4.8.2 Subject to the approval of the director of the community development department by Warrant, off-street
parking as required by Article VIII may be reduced and shared parking among uses may be permitted.
4.8.3 On-street parking along the parking lane corresponding to the Lot Frontage shall be used to satisfy the
parking requirements of this zoning ordinance for Residential Functions.
4.8.4 All Office, Lodging, Retail, Civic, and Education Functions, and Apartment Buildings shall provide a
minimum of one bicycle rack to accommodate a minimum of one bicycle space for every ten vehicular
parking spaces. Said rack(s) shall be located within the Public or Private Frontage.
4.9 PARKING LOCATION STANDARDS
4.9.1 General to zones T2, T3, T4, T5
a. Parking shall be accessed by Rear Alleys or Rear Lanes, when such are available or required.
b. Open parking areas shall be masked from the Frontage by a Building or Streetscreen.
4.9.2 Specific to zones T2, T3
a. Open parking areas shall be located at the Second and Third lot Layers, except that Driveways, drop-
offs and unpaved parking areas may be located at the First lot Layer.
b. Garages shall be located at the third Layer except that side- or rear-entry types may be allowed in the
First or Second Layer by Warrant.
4.9.3 Specific to zones T3, T4
a. Driveways at Frontages shall be no wider than 10 feet in the First Layer. (Table 2B.f)
4.9.4 Specific to zone T4
a. All parking areas and garages shall be located at the Second or Third Layer.
4.9.5 Specific to zones T4-Open, T5
a. All parking lots, garages, and Parking Structures shall be located at the Second or Third Layer.
b. Vehicular entrances to parking lots, garages, drive-throughs, and Parking Structures shall be no wider
than 12 feet for one-way access and 24 feet for two-way access at the Frontage.
c. Pedestrian exits from all parking lots, garages, and Parking Structures shall be directly to a Frontage
Line (i.e., not directly into a building) except underground levels which may exit directly into a building.
d. Parking Structures shall have Liner Buildings lining all stories.
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
May 23, 2012 18
410 LANDSCAPE STANDARDS
4.10.1 General to zones T2, T3, T4, T5
a. Impermeable surface shall be confined to the ratio of Lot coverage specified in Table 10e.
b. Walks shall be surfaced in decorative pavers, concrete, brick, stone, or decorative gravel that is
contained and on a compacted base.
c. Thick flagstone stepping-stones are permitted.
d. Concrete should be broken up with banding at least 20 inches apart maximum. Banding shall be
achieved through the use of contrasting materials or texture.
e. Stamped concrete is prohibited.
4.10.2 Specific to zones T2, T3, T4
a. The First Layer shall be landscaped with live landscaped with grass, trees, shrubs, hedges and other
landscaping materials approved by the city arborist and shall not be paved, with the exception of
Driveways as specified in Section 4.9.2 and Section 4.9.3.
4.10.3 Specific to zone T3
a. A minimum of two trees shall be planted within the first Layer for each 30 feet of Frontage Line or
portion thereof.
b. Trees shall be naturalistically clustered.
4.10.4 Specific to zone T4
a. A minimum of one tree shall be planted within the first Layer for each 30 feet of Frontage Line or portion
thereof.
b. Trees shall be a single species to match the species of Street Trees on the Public Frontage.
4.10.5 Specific to zone T5
a. Trees shall not be required in the first Layer.
b. The first Layer may be paved to match the pavement of the Public Frontage.
4.10.6 The following non-native invasive species shall not be planted
a. Ailanthus altissima (tree-of-heaven)
b. Albizia julibrissin (mimosa)
c. Alternanthera philoxeroides (alligator weed)
d. Eichhornia crassipes (water hyacinth)
e. Elaegnus pungens (thorny olive)
f. Elaeagnus umbellate (autumn olive)
g. Hedera helix (English ivy)
h. Hydrilla verticillata (hydrilla)
i. Imperata cylindrical (congongrass)
j. Lespedeza bicolor (shrubby lespedeza)
k. Lespedeza cuneata (sericea Lespedeza)
l. Ligustrum japonicum (Japanese privet)
m. Ligustrum sinense (Chinese privet)
n. Lonicera japonica (Japanese honeysuckle)
o. Lonicera maackii (amur honeysuckle)
p. Lygodium japonicum (Japanese climbing fern)
q. Melia azedarach (chinaberry)
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
May 23, 2012 19
r. Microstegium vimineum (Nepalese browntop)
s. Miscanthus sinensis (Chinese silvergrass)
t. Murdannia keisak (marsh dayflower)
u. Nandina domestica (sacred bamboo)
v. Paulownia tomentosa (princess tree)
w. Phyllostachys aurea (golden bamboo)
x. Pueraria Montana var. lobata (kudzu)
y. Rosa multiflora (multiflora rose)
z. Sesbania herbacea (bigpod sesbania)
aa. Sesbania punicea (red sesbania)
bb. Spiraea japonica (Japanese spiraea)
cc. Triadica sebifera (Chinese tallow tree)
dd. Vinca major (big periwinkle)
ee. Vinca minor (common periwinkle)
ff. Wisteria sinensis (wisteria)
4.11 LIGHTING STANDARDS
4.11.1 Parking lot lighting shall meet the following minimum standards:
a. Light posts shall not exceed a height of 20 feet from finished grade.
b. Light posts shall have curved arms to focus light downward. Up to two arms are permitted per post.
c. Light fixtures shall have the light cut off below 90 degrees and the beam shall be cut off at 75 degrees.
d. Allowable post arm style shall be Shepherd's Crook.
4.11.2 Public pedestrian lighting shall meet the following minimum standards:
a. Light posts shall not exceed a height of 15 feet from finished grade.
b. Allowable post styles are pole-top, bollard, and Shepard's Crook.
4.11.3 Posts shall include a taper, either in their transition downward from post to decorative shaft (base), or
upward to ballast housing, or both.
4.11.4 Shoe box and cobra style lights are prohibited.
4.11.5 Light housings and posts shall be a dark color/material and be nonreflective.
4.11.6. Sodium vapor, exterior neon, and colored lights are prohibited.
4.11.7 Fluorescent, metal halide, shrouded spots, and walkway lights are allowed.
4.11.8 Exterior area illumination shall not exceed an average of 2 footcandles of light.
4.11.9 Light trespass (spill light) onto an adjacent zone T2, T3, T4, T4-Restricted, Special District, or Civic Space
property line shall not exceed 0.1 footcandle vertical at 3 feet above grade.
4.11.10 Building exterior light fixtures shall meet the following minimum standards:
a. Building-mounted lighting fixtures shall have a 45 degree light cutoff.
b. Light fixtures shall match style of architecture or shall be inconspicuous in nature. Outbuildings shall
have a minimum of one fixture on their alley elevation. Fixture shall be on photocell.
c. Each Enfronting Residential unit shall have two sconces or two 4 inch diameter recessed can lights
(Clear Alzak or slotted opening) with a maximum 40 watt incandescent bulb or 450 lumens equivalent.
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
May 23, 2012 20
4.12 DRIVE THROUGH STANDARDS
4.12.1 Drive-through service canopies shall be pitched at an angle and use materials matching the roof of the
Principal Building.
4.12.2. Drive-through facilities and all associated vehicular queuing should be located at the rear of the Principal
Building, but if that is not feasible, shall be located at the side.
4.12.3 Vehicular access to a drive-through should be from mid-block or from a Rear Alley to avoid disrupting
pedestrian traffic. If a Driveway is necessary it shall be no more than 24 feet wide.
4.13 GASOLINE STATION STANDARDS
4.13.1. Gasoline station canopies and pumps:
a. Shall be located to the side or rear of the Principal Building.
b. Pump canopies shall be located at least 50 feet from any interior side or rear property line that adjoins a
Residential Function.
c. Shall be buffered from adjoining Residential Functions with a Streetscreen.
4.13.2 A conforming Principal Building is required and shall be a minimum floor area of 1,600 square feet.
4.13.3. Lighting shall be shielded to direct light and glare only onto the lot or parcel where the gas/fueling station is
located and shall be in accordance with Section 4.11.9.
4.14 SIGN STANDARDS
4.14.1 The provisions of Section 64-2325 shall apply in areas regulated by this code.
4.14.2 The provisions of Section 64-2325 to the contrary notwithstanding, no freestanding sign shall be located
within the First Layer in zone T5 unless approved by Variance. Sandwich boards shall be exempt from this
restriction.
4.15 ARCHITECTURAL STANDARDS
4.15.1 The following standards shall apply to all buildings
4.15.2 Buildings shall be designed in one of the following styles as defined in Article 7 Architectural Styles:
a. Vernacular
b. Greek Revival
c. Italianate
d. Gothic
e. Queen Anne
f. Colonial Revival
g. Adams/Federal
4.15.3 Buildings with a Shopfront, Gallery, or Arcade Private Frontage may utilize simplified interpretations of one
of the styles identified in Section 4.15.2 wherein conformance with style is achieved through the use of
stylistic architectural details.
4.15.4 Except within a designated historic district, compliance with the styles listed in Section 4.15.2 shall be as
determined by the community development director following comment from the city design review board.
4.15.5 Exterior Walls
a. Technical and aesthetic requirements
i. Wall finishes on individual buildings shall be the same on all sides; appendages or secondary
wings may assume a differing finish according to visibility and architectural merit.
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
May 23, 2012 21
ii. Wood shingles shall be level at the bottom edge. Corners shall be mitered. Decorative novelty
shapes are prohibited.
iii. Trim shall be consistent on all sides of the building; the primary building mass or the Facade may
be further embellished or enhanced.
iv. Service wings may be expressed in a more simplistic manner, but shall exhibit clear design intent.
b. Materials
i. Brick and mortar color and style shall be appropriate to style of building. Avoid excessive color
range; strive for consistency with subtle variations in brick palette. Avoid machine-produced brick.
ii. Stone shall be appropriate to the style.
iii. Materials may be combined on each Facade only horizontally, with the heavier below the lighter.
iv. Material shall be limited to brick, natural stone, clapboard, board and batten, hard-coat stucco, or
wood shingles.
v. Vinyl or aluminum siding is prohibited.
vi. Synthetic stone veneer and dry-stacked stone is prohibited.
vii. Stone shall have a visible mortar joint and be at least 3.5 inches in depth.
viii. Hard-coat stucco shall be a 3-coat plaster finish, integral finish, applied on brick or concrete block;
control joints shall be concealed.
ix. Clapboards and board and battens shall be wood or cementitious board. Hardi board shall have a
4 inch maximum exposure, while Artisan series Hardi board or full three-quarter inch wood siding
may have up to an 8 inch lap. False wood graining is prohibited.
x. Wood shingles shall be level at the bottom edge.
4.15.6 Roofs
a. Technical and aesthetic requirements
i. The roof slope on a single mass shall be the same on all sides, except for cat-slides and sheds.
ii. Roof slopes shall be appropriate to the building style.
iii. Vents and stacks shall be painted to match the roof material and hidden from view to the extent
possible.
iv. Overhangs that shed water within 5 feet of an adjacent lot shall be guttered and piped or diverted
away from adjacent lots.
b. Materials
i. Materials should be wood shingles, wood shakes, standing-seam paint grip galvanized metal, slate
or asphalt shingles (architectural weathered, wood, or classic green or red), or concrete simulated
slate or wood shingles.
ii. Gutters should either be half-round with round downspouts, metal-lined wood, or architecturally
formed or molded. Finishes include copper and galvanized metal (unpainted), or color to resemble
galvanized metal.
iii. Wood shingles should not drain onto metal roofs; the chemicals in the wood often form corrosion,
eventually disintegrating the metal.
4.15.7 Foundations
a. Foundations shall be constructed of poured concrete or concrete masonry units.
b. Foundations may be finished with smooth stucco, brick, or stone.
c. Board formed concrete with aggregate may be approved by the city design review board.
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
May 23, 2012 22
d. Front porches of wood shall be supported on masonry piers (typically 18 inches in face width by 8 to 12
inches depth, finished) and rendered in smooth stucco, masonry, brick, or stone.
4.15.8 Windows
a. The provision of windows shall be appropriate to the building style.
b. Technical and aesthetic requirements
i. Windows and casings shall follow suit to style.
ii. Window casings, muntins, and mullions shall appear to be historically correct.
iii. Windows may not be omitted on side elevations, and shall be composed with the same thought
and consideration as those on the front.
iv. Window sills shall have a 1.5 inch minimum depth.
v. Ganged windows and bays shall have a continuous sill and 4 inch mulls minimum.
vi. Grill between glass, reflective glazing, and pop-in grills are prohibited.
vii. Windows shall be True Divided Lite or Simulated Divided Lite.
c. Materials
i. Windows shall have 2 inch sashes material (face width); dimension of glass surface to sash and
muntin face shall be 0.75 inch minimum.
ii. Windows shall be wood, clad wood, or polymer.
iii. Window materials shall be paint grade or pre finished.
4.15.9 Doors and windows that operate as sliders are prohibited along Frontages.
4.15.10 Doors
a. Technical and aesthetic requirements
i. Doors and casings shall follow suit to style.
ii. Exterior front doors or doors visible from a public way, shall be hardwood, and may be stained or
painted.
b. Materials
i. Overly decorative store-bought varieties, plastic laminated, stamped metal, and leaded/beveled
glass door are prohibited. Tropical hardwoods prohibited unless FSC certified.
ii. Exterior doors shall be a durable, stable wood or clad in wood. Heart pine, wormy chestnut, walnut,
cypress, pecan, are acceptable varieties.
iii. Garage doors shall be utilitarian in character and may be wood, composite, or metal. Avoid faux
strap hinges and embellishments and strive for beauty in honest construction. Standard paneled
doors and arched glass panels are prohibited.
4.15.11 Shutters
a. The design shall be appropriate to the style of the building.
b. Shutters shall be solid-core polymers or durable hardwoods.
c. Vinyl, nail-on, false wood graining, and pre-finished shutters are prohibited.
d. Shutters shall be authentic, fully operable, and capable of totally closing over the window sash. Plank
or louver is acceptable. Thickness of shutter shall be 1.25 inch minimum.
e. Usually, shutters occur in pairs; however, narrow windows may contain a single shutter.
4.15.12 Crawl space vents shall be designed in the language of the architecture of the building.
4.15.13 Chimneys
a. Chimneys shall be proportioned, tapered, and detailed authentically according to the building style.
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
May 23, 2012 23
b. Stacks shall be faced in smooth integral finish stucco or brick, or detailed as exposed metal flues.
c. Siding or stucco board is prohibited as a finish material.
4.15.14 Porches and balconies
a. Technical and aesthetic requirements
i. Columns shall be appropriate to the style of the building.
ii. Classical columns shall be architecturally correct.
iii. The Tuscan and Doric orders may be used.
iv. Narrow, routed flutes are prohibited.
v. Railings shall be simple pickets or fretwork centered on rails.
vi. Forged ironwork may be approved on a case-by-case basis by the city design review board.
b. Materials
i. Porch floors shall be wooden; resting on masonry piers finished in brick, stone or smooth stucco.
ii. Porch ceilings shall be beaded nominal 1 by 4 inch or 1 by 6 inch, flush boards, tongue and groove
boards, or exterior gypsum board with decorative nominal 1 by 4 inch or 1 by 6 inch shallow coffers
or strips.
iii. Plywood ceilings, with or without beads, are prohibited.
iv. Openings between porch piers, if left open, shall be in-filled with custom wood lattice, wood
louvers, brick lattice, or wire mesh planted with vines, as appropriate to the style. The opening is
not required to be in-filled if the distance from grade to bottom of floor structure is less than one
foot.
v. Columns shall be wood, resin material, or masonry. Foams are prohibited.
vi. Sheet metal columns are prohibited.
vii. Railing systems shall be painted wood, iron, or masonry.
viii. Synthetic and prefabricated railing systems are prohibited.
ix. Precast classical balusters and ornate spindle work are prohibited; plain, round tapered, fretwork,
and straight pickets are acceptable.
4.15.15 Trim
a. Trim shall be appropriate to the style of the building and at the same time, show restraint.
i. “Stock” profiles for moldings shall be used with extreme discretion. Avoid Howe casings,
manufactured dentils, standard crowns, and standard brick mould.
ii. Trim shall be consistent on all sides of building masses, with emphasis on the primary building
mass and façade.
iii. Trim for wings not along a Frontage may be simplified if appropriate to the expression.
b. Materials
i. Trim shall be of wood or preferably synthetic planks with enough thickness to conceal the edge of
the siding. When used on buildings clad in horizontal siding, corner boards, casings, frieze boards,
etc. shall be 1.25 inch thick material. Four and 6 inch casings and corner boards are suggested.
ii. Samples and assemblies of trim components may be requested of builder to exhibit clear
construction intent.
iii. Pressure treated trim is prohibited.
IV. All trim shall be dressed.
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
T-2 RURAL
General Character:Primarily agricultural with woodland & wetland and scattered buildings
Building Placement:Variable Setbacks
Frontage Types:Not applicable
Typical Building Height:1- to 2-Story with some 3-Story
Type of Civic Space:Parks, Greenways
T-3 SUB-URBAN
General Character:Lawns and landscaped yards surrounding detached single-family houses;
pedestrians occasionally
Building Placement:Large and variable front and side yard Setbacks
Frontage Types:Porches, fences, naturalistic tree planting
Typical Building Height:1- to 2-Story with some 3-Story
Type of Civic Space:Parks, Greenways
T-4 GENERAL URBAN
General Character:Mix of Houses and Townhouses with scattered Commercial activity; balance
between landscape and buildings; presence of pedestrians
Building Placement:Shallow to medium front and side yard Setbacks
Frontage Types:Porches, fences, Dooryards
Typical Building Height:1- to 3-Story
Type of Civic Space:Squares, Greens
T-5 URBAN CENTER
General Character:Shops mixed with Townhouses, larger Apartment houses, Offices, work place
and Civic buildings; predominantly attached buildings; trees within the public
right-of-way; substantial pedestrian activity
Building Placement:Shallow Setbacks or none; buildings oriented to street defining a street wall
Frontage Types:Stoops, Shopfronts, Galleries
Typical Building Height:1- to 3-Story
Type of Civic Space:Parks, Plazas, and Squares, median landscaping
Table 1: Transect Zone Descriptions. This tables provides descriptions of the character of each Transect Zone.
T-2 Rural Zone consists of sparsely settled
lands in open or cultivated states. These
include woodland, agricultural land, grassland,
and irrigable desert. Typical buildings are
farmhouses, agricultural buildings, and cabins.
T-3 Sub-Urban Zone consists of low density
residential areas, adjacent to higher zones that
have some mixed use. Home occupations and
outbuildings are allowed. Planting is naturalistic
and setbacks are relatively deep. Blocks may
be large and the roads irregular to
accommodate natural conditions.
T-5 Urban Center Zone consists of higher
density mixed use building that accommodate
Retail, Offices, Row- houses and Apartments.
It has a tight network of streets, with wide
sidewalks, steady street tree planting and
buildings set close to the sidewalks.
T-4 General Urban Zone consists of a mixed
use but primarily residential urban fabric. It
may have a wide range of building types:
single, Sideyard, and Rowhouses. Setbacks
and landscaping are variable. Streets with
curbs and side-walks define medium-sized
Blocks.
24 May 23, 2012
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
DESIGN SPEED TRAVEL LANE WIDTH
T2 T3 T4 T5
25-35 mph 10 feet ■■■■■BY RIGHT
25-35 mph 11 feet ■■□BY WARRANT
Above 35 mph 12 feet ■■
DESIGN SPEED PARKING LANE WIDTH
25 mph (Angle 18 feet)■
25 mph (Parallel) 7 feet ■
25-35 mph (Parallel) 8 feet ■■■
Above 35 mph (Parallel) 9 feet ■
DESIGN SPEED EFFECTIVE TURNING RADIUS
20-25 mph 10-15 feet ■■■■
25-35 mph 15-20 feet ■■■■
Above 35 mph 20-30 feet ■□
TABLE 2A: Vehicular Lane Dimensions. This table assigns lane widths to Transect Zones. The Design ADT (Average Daily Traffic) is the determinant for
each of these sections. The most typical assemblies are shown in Table 2B. Specific requirements for truck and transit bus routes and truck loading shall be
decided by Warrant. Use of standards in this table are subject to approval by the public works director.
(See Table 12)
25 May 23, 2012
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
a.T2 T3 T2 T2 T2
Design ADT
Pedestrian Crossing
Design Speed
b.T3 T4 T3 T4
Design ADT
Pedestrian Crossing
Design Speed
c.T3 T4 T3 T4 T5 T4 T5 T4 T5 T5
Design ADT
Pedestrian Crossing
Design Speed
d.T4 T5 T4 T5 T5 T5
Design ADT
Pedestrian Crossing
Design Speed
e.T5 T5 T5 T5
Design ADT
Pedestrian Crossing
Design Speed
f.T5 T5
Design ADT
Pedestrian Crossing
Design Speed
ONE WAY MOVEMENT ──────────────── ►TWO WAY MOVEMENT ────────────────────────────────────────── ►
6 Seconds
T4-OPARKING
ACCESS
TABLE 2B: Vehicular Lane/Parking Assemblies. The projected design speeds determine the dimensions of the vehicular lanes and Turning Radii
assembled for Thoroughfares. Use of standards in this table are subject to approval by the Director of the Department of Public Works. Where on-street
Bicycle Lanes are provided, the paved width shall be inreased a corresponding amount
T4-O
23 Seconds
25 MPH 25 MPH 25 - 30 MPH
3 Seconds
25 - 30 MPH
17 Seconds 17 Seconds 20 Seconds
22,000 VPD 31,000 VPD
25 - 30 MPH 25 - 30 MPH 25 - 30 MPH 35 MPH and above
PARKING
BOTH SIDES
DIAGONAL
20,000 VPD 15,000 VPD
22,000 VPD 32,000 VPD
10 Seconds 10 Seconds 13 Seconds 15 Seconds
PARKING
BOTH SIDES
PARALLEL
20,000 VPD 15,000 VPD
NO PARKING
300 VPD
3 Seconds
25 - 30 MPH
2,500 VPD
5 Seconds
25 MPH
22,000 VPD
9 Seconds
36,000 VPD
13 Seconds
35 MPH or above
YIELD
PARKING
1,000 VPD 1,000 VPD
5 Seconds 7 Seconds
PARKING
ONE SIDE
PARALLEL
5,000 VPD 18,000 VPD 16,000 VPD
8 Seconds 11 Seconds
15,000 VPD 32,000 VPD
13 Seconds
25 -30 MPH 25 - 30 MPH 25 - 30 MPH
5 Seconds 8 Seconds
26 May 23, 2012
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
LOT►
PRIVATE FRONTAGE►◄ PUBLIC FRONTAGE
a.T2
T3
b.T2
T3
c.T3
T4
T5
d.T3
T4
T5
e.T3
T4
T5
f.T5
g.T3
T4
T5
(BV) For Boulevard: this Frontage has slip Roads on both sides. It consists of raised Curbs drained by inlets and
Sidewalks along both sides, separated from the vehicular lanes by Planters. The landscaping consists of double
rows of a single tree species aligned in a regularly spaced Allee.
(CS) (AV) For Commercial Street or Avenue: This Frontage has raised Curbs drained by inlets and very wide
Sidewalks along both sides separated from the vehicular lanes by separate tree wells with grates and parking on
both sides. The landscaping consists of a single tree species aligned with regular spacing where possible but
clears the storefront entrances.
◄ R.O.W.
TABLE 3A: Public Frontages General: The Public Frontage is the area between the private Lot Line and the edge of the vehicular lanes. Dimensions are given in
Table 3B.
(RD) For Road: This Frontage has open Swales drained by percolation and a walking Path or Bicycle Trail along
one or both sides Yield parking. The landscaping consists of the multiple species arrayed in naturalistic clusters.
(ST) For Street: This Frontage has raised Curbs drained by inlets and Sidewalks separated from the vehicular
lanes by individual or continuous Planters, with parking on one or both sides. The landscaping consists of street
trees of a single or alternating species aligned in a regularly spaced Allee.
(DR) For Drive: This Frontage has raised Curbs drained by inlets and a wide Sidewalk or paved path along one
side, related to a Greenway or waterfront. It is separated from the vehicular lanes by individual or continuous
Planters. The landscaping consists of street trees of a single species or alternating species aligned in a regularly
spaced Allee.
(AV) For Avenue: This Frontage has raised Curbs drained by inlets and wide Sidewalks separated from the
vehicular lanes by a narrow continuous Planter with parking on both sides. The landscaping consists of a single
tree species aligned in a regularly spaced Allee.
PLAN
(HW) For Highway: This Frontage has open Swales drained by percolation, Bicycle Trails and no parking. The
landscaping consists of the natural condition or multiple species arrayed in naturalistic clusters. Buildings are
buffered by distance or berms
27 May 23, 2012
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
TRANSECT ZONE T2 T3 T2 T3 T4 T5
Public Frontage Type
a.
Total Width
b.
Type
Radius
c.
Type
Width
d.
Arrangement
Species
Planter Type
Planter Width
5-20 feet
12-18 feet
Open Swale
T3
ST-DR-AVRD & ST
Curb. The detailing of the edge of the vehicular
pavement incorporating drainage.
T4 T5
16-24 feet 12-18 feet 18-24 feet
ST-DR-AV-BVHW & RD CS-DR-AV-BV
Walkway. The hard surface dedicated exclusively to
pedestrian activity.
Planter: The layer which accommodates street trees
and other landscape materials.
Path Optional
n/a
4 feet - 6 feet
10-30 feet
Regular
Sidewalk
12-20 feet
Regular Regular Opportunistic
10-30 feet 5-20 feet
Continuous Swale
8 feet - 16 feet
Continuous Swale
Clustered
Clustered Clustered
8 feet - 16 feet
Clustered
12-30 feet
8 feet - 12 feet
Continuous Planter
8 feet - 12 feet
Single Single
Tree Well
Alternating Single
Continuous Planter Continuous Planter
4 feet - 6 feet
TABLE 3B: Public Frontages - Specific. This table assembles prescriptions and dimensions for the Public Frontage elements - Curbs, walkways and
Planters - relative to specific Thoroughfare types within Transect Zones. Table 3B-a assembles all of the elements for the various street types.
I I I I I I I I I I I I I I I I URBAN
18-30 feet
RURAL I I I I I I I I I I I I I I I I I I I I I I TRANSECT I I I I I
Assembly: The principal variables are the type and
dimension of Curbs, walkways, Planters and
landscape.
T5
CS-DR-AV-BV
Sidewalk
4-8 feet 4-8 feet
Raised Curb
Path
4-8 feet
Open Swale
12-24 feet
Raised Curb Raised Curb
5-20 feet
Sidewalk Sidewalk
Raised Curb
5-20 feet
28 May 23, 2012
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
KEY
HW
BV
AV
CS
DR
ST
RD
RA
RL
MT
ET
BL
BR
Path PT
Passage PS
ST-50-26 ST-50-28
Street Street
T4, T5 T4, T5
50 feet 50 feet
26 feet 28 feet
Slow Movement Yield Movement
25 MPH 25 MPH
7.4 seconds 7.6 seconds
2 lanes 2 lanes
One side @ 8 feet marked Both sides @ 8 feet unmarked
10 feet 10 feet
5 foot Sidewalk 5 foot Sidewalk
7 foot continuous Planter 6 foot continuous Planter
Curb Curb
Trees @ 30' o.c. Avg. Trees @ 30' o.c. Avg.
BR BR
ST-57-20-BL
Thoroughfare Type
Right-of-Way Width
TABLE 3C: Thoroughfare Assemblies: These Thoroughfares are assembled from the elements that appear in Tables 2A and 2B and incorporate the Public
Frontages of table 3A. The key gives the Thoroughfare type followed by the right-of-way width, followed by the pavement width, and in some instances followed
by specialized transportation capability.
Pavement Width
Transportation
THOROUGHFARE TYPES
Highway
Boulevard
Avenue
Commercial Street
Drive
Street
Road
Rear Alley
Rear Lane
Multi-Use Trail
Equestrian Trail
Bicycle Lane
Bicycle Route
Pavement Width
Movement
Thoroughfare Type
Curb Radius
Walkway Type
Planer Type
Curb type
Landscape Type
Transportation Provision
Design Speed
Pedestrian Crossing Time
Traffic Lanes
Parking Lanes
Transect Zone Assignment
Right-of-Way Width
29 May 23, 2012
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
TABLE 4: Civic Space
a.T2
T3
b.T3
T4
T5
c.T4
T5
d.T5
T6
e.T2
T3
T4
T5
Playground:An Open Space designed and equipped for the recreation of children. A
Playground should be fenced and may include an open shelter. Playgrounds shall be
interspersed within Residential areas and may be placed within a Block. Playgrounds
may be included within parks and greens. There shall be no minimum or maximum
size.
Park:A natural preserve available for unstructured recreation. A park may be
independent of surrounding building Frontages. Its landscape shall consist of Paths and
trails, meadows, water bodies, woodland and open shelters, all naturalistically
disposed. Parks may be lineal, following the trajectories of natural corridors. The
minimum size shall be 8 acres.
Green:An Open Space, available for unstructured recreation. A Green may be spatially
defined by landscaping rather than building Frontages. Its landscape shall consist of
lawn and trees, naturalistically disposed. The minimum size shall be 1/2 acre and the
maximum shall be 8 acres.
Square:An Open Space available for unstructured recreation and Civic purposes. A
Square is spatially defined by building Frontages. Its landscape shall consist of paths,
lawns and trees, formally disposed. Squares shall be located at the intersection of
important Thoroughfares. The minimum size shall be 1/2 acre and the maximum shall
be 5 acres.
Plaza:An Open Space available for Civic purposes and Commercial activities. A Plaza
shall be spatially defined by building Frontages. Its landscape shall consist primarily of
pavement. Trees are optional. Plazas should be located at the intersection of important
streets. The minimum size shall be 1/2 acre and the maximum shall be 2 acres.
30 May 23, 2012
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
T2 T3 T4 T5 T5
TABLE 5: Building Form - Height. This table shows the configurations for different building heights for each Transect Zone.
31 May 23, 2012
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
a.T2
T3
T4
b.T4
T5
c.T4
T5
d.T5
Rearyard: Specific Types - Townhouse, Rowhouse, Live-work unit, loft building, Apartment House,
Mixed use Block, Flex Building, perimeter Block. A building that occupies the full Frontage, leaving the
rear of the Lot as the sole yard. This is a very urban type as the continuous Facade steadily defines
the public Thoroughfare. The rear Elevations may be articulated for functional purposes. In its
Residential form, this type is the Rowhouse. For its Commercial form, the rear yard can accommodate
substantial parking.
Courtyard: Specific Types - patio House. A building that occupies the boundaries of its Lot while
internally defining one or more private patios. This is the most urban of types, as it is able to shield the
private realm from all sides while strongly defining the public Thoroughfare. Because of its ability to
accomodate incompatible activities, masking them from all sides, it is recommended for workshops,
Lodging and schools. The high security provided by the continuous enclosure is useful for crime-
prone areas.
TABLE 6: Building Placement. This table approximates the location of the structure relative to the boundaries of each individual Lot, establishing suitable basic
building types for each Transect Zone.
Edgeyard: Specific Types - single-family House, Cottage, villa, Estate House, urban villa. A building
that occupies the center of its Lot with Setbacks on all sides. This is the least urban of types as the
front yard sets it back from the Frontage, while the side yards weaken the spatial definition of the
public Thoroughfare space. The front yard is intended to be visually continuous with the yards of
adjacent buildings. The rear yard can be secured for privacy by fences and a well placed Backbuilding
and/or Outbuilding.
Sideyard: Specific Types - Charleston single-House, double house, zero-lot-line house, twin. A
building that occupies one side of the Lot with the Setback to the other side. A shallow Frontage
Setback defines a more urban condition. If the adjacent building is similar with a blank side wall, the
yard can be quite private. This type permits systematic climatic orientation in response to the sun or
the breeze. If a Sideyard House abuts a neighboring Sideyard House, the type is known as a Twin or
double house. Energy costs, and sometimes noise, are reduced by sharing a party wall in this
disposition.
32 May 23, 2012
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
LOT ►◄ R.O.W. LOT ►◄ R.O.W.
PRIVATE ►◄ PUBLIC PRIVATE ►◄ PUBLIC
FRONTAGE FRONTAGE FRONTAGE FRONTAGE
a.T2
T3
b. T2
T3
T4
c.T4
T5
d.T4
T5
e.T4
T5
T6
f.T4
T5
g.T4
T5
h.T5
T6
Arcade: a collonade supporting habitable space that overlaps
the Sidewalk, while the Façade at Sidewalk level remains at
or behind the Frontage Line. This type is conventional for
Retail use. The Arcade shall be no less than 12 feet wide and
should overlap the Sidewalk to within 2 feet of the Curb.
Stoop: a Frontage wherein the Façade is aligned close to the
Frontage Line with the first Story elevated from the Sidewalk
sufficiently to ensure privacy for the windows. The entrance is
usually an exterior stair and landing. This type is
recommended for ground-floor Residential use. Stoops shall
be no less than 30 inches deep.
Shopfront: a Frontage wherein the Façade is aligned close to
the Frontage Line with the building entrance at Sidewalk
grade. This type is conventional for Retail use. It has glazing
on the Sidewalk level and an awning that should overlap the
Sidewalk to within 2 feet of the Curb. Syn: Retail Frontage.
Gallery: a Frontage wherein the Façade is aligned with the
Frontage Line with an attached cantilevered shed or
lightweight colonnade overlapping the Sidewalk. This type is
conventional for Retail use. The Gallery should be no less
than 10 feet wide and should overlap the sidewalk to within 2
feet of the Curb.
Common Yard: a planted Frontage wherein the Façade is
set back substantially from the Frontage Line. The front yard
created remains unfenced and is visually continuous with
adjacent yards, supporting a common landscape. The deep
Setback provides a buffer from the higher speed
Thoroughfares.
Porch & Fence: a planted Frontage where the Façade is set
back from the Frontage Line with an attached porch permitted
to Encroach. A fence, wall, or hedge at the Frontage Line
maintains street spatial definition. Porches shall be no less
than 8 feet deep.
Terrace or Lightwell: a frontage wherein the Façade is
setback back from the Frontage Line by an elevated terrace or
sunken Lightwell. This type buffers Residential use from urban
Sidewalks and removes the private yard from public
encroachment. Terraces are suitable for conversion to
outdoor cafes. Syn: Dooryard.
Forecourt: a Frontage wherein the Façade is close to the
Frontage Line and the central portion is set back. The
forecourt created is suitable for vehicular drop-offs. This type
should be allocated in conjunction with other Frontage types.
Large trees within the Forecourts may overhang the
Sidewalks.
TABLE 7: Private Frontages. The Private Frontage is the areas between the building Facades and the lot lines.
SECTION PLAN
33 May 23, 2012
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
T3
a. RESIDENTIAL
b. LODGING
c. OFFICE
d. RETAIL
e. CIVIC
f. OTHER
RESIDENTIAL 1 dwelling unit for each Building Unit
LODGING 2 guest rooms for each Building Unit
OFFICE 2,250 square feet for each Building Unit
RETAIL 2,250 square feet for each Building Unit
OTHER 2,250 square feet for each Building Unit
TABLE 8B: Building Unit Function Exchange Rate. This table shows the rate that Buildings Units shall be exchanged for Functions
See Table 9 See Table 9 See Table 9
Prohibited Retail: Retail is not permitted.Limited Retail:The building area available for
Retail use is limited to the first story of
buildings at corner locations, not more than
one per block. The specific use shall be further
limited to neighborhood store, or food service
seating no more than 30. Retail Functions are
prohibited in T4-Restricted.
Open Retail:The building area available
for Retail use is unlimited on the first floor
and available to upper stories by Warrant.
See Table 9 See Table 9 See Table 9
Restricted Lodging:Up to two bedrooms for
lodging is permitted on each lot. The lot must
be owner occupied.Food service may be
provided in the a.m. The maximum length of
stay shall not exceed ten days.
Limited Lodging:Up to three bedrooms for
lodging is permitted on each lot, restricted to
two bedrooms in an Accessory Building. The
lot must be owner occupied.Food service may
be provided in the a.m. The maximum length of
stay shall not exceed ten days. Lodging
Functions are prohibited in T4-Restricted.
Open Lodging:Unlimited bedrooms for
lodging is permitted on each lot. Food
service may be provided at all times.
Restricted Office:Office use is restricted to
home occupations by the owner, with no more
than one employee.
Limited Office:The building area available for
office use on each Lot is limited to the first
Story of the Principal Building and/or the
Accessory Building, and by the requirement of
3.0 assigned parking places per 1,000 square
feet of net office space in addition to the
parking requirement for each dwelling. Office
Functions are prohibited in T4-Restricted.
Open Office:The building area available
for office use on each Lot is limited by the
requirement of 2.0 assigned parking
places per 1,000 square feet of net office
space.
TABLE 8A: Building Function. This table categorizes Building functions within Transect Zones. For Specific Function and Use permitted By Right, by
Warrant, or by Use Permit, see Table 9.
Restricted Residential:The number of
dwellings on each Lot is restricted to one
within a Principal Building and one within an
Accessory Building. Both dwellings shall be
under single ownership. The habitable area of
the Accessory Unit shall not exceed 440 sf,
excluding the parking area.
T2 T4 T5
Open Residential:The number of
dwelling units and buildings on each lot is
unlimited except by form-based standards
elsewhere in this Code.
Limited Residential:The number of dwellings
on each Lot is unlimied within One Principle
Building except by form-based standards
elsewhere in this Code, and limited to one unit
within an Accessory Building. All dwelling units
shall be under single ownership. The habitable
area of the Accessory Unit shall not exceed
440 sf, excluding the parking area.
In T4-Restricted, Lodging, Office and Retail
Functions are prohibited. In T4-Open, T5
Function regulations shall apply
34 May 23, 2012
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
a. RESIDENTIAL1 T2 T3 T4-R2 T4 T4-O3 T5 f. OTHER: AGRICULTURE T2 T3 T4-R2 T4 T4-O3 T5
Apartment UUU Grain Storage R
Live/Work Unit R RRR Livestock Pen W
Row House RRRR Greenhouse RW
Duplex House RRRR Stable RW
Courtyard House RRRR Kennel RW
Sideyard House RRRRRf. OTHER: AUTOMOTIVE
Cottage RRRR Gasoline WW
House RRRRR Automobile Service
Accessory Unit RR RRR Truck Maintenance
b. LODGING Drive-Through Facility WW
Hotel RR Roadside Stand R RRR
Bed & Breakfast Inn UU RRR Billboard
S.R.O. Hostel U URR Shopping Center
School Dormitory RRR Shopping Mall
c. OFFICE f. OTHER: CIVIL SUPPORT
Office Building RR Fire Station RRRRRR
Live/Work Unit R RRR Police Station RRRR
d. RETAIL Cemetery RW W
Open-Market Building RR RRR Funeral Home RR
Retail Building RRR Hospital
Display Gallery RRR Medical Clinic RR
Restaurant RRRf. OTHER: EDUCATION
Kiosk RRR College WW WWW
Push Cart WW High School WW WWW
Liquor Selling Establsihment WW Trade School WW WWW
Adult Entertainment Elementary School RR RRR
e. CIVIC Other - Childcare Center RR RRR
Bus Shelter R RRRRRf. OTHER: INDUSTRIAL
Convention Center Heavy Industrial Facility
Conference Center WW Light Industrial Facility W
Exhibition Center Manufacuring W
Fountain or Public Art RRRRRR Laboratory Facility
Library RRR Water Supply Facility
Live Theater RR Sewer and Waste Facility
Movie Theater RR Electric Substation WWWWWW
Museum RR Wireless Transmitter W
Outdoor Auditorium WR RRR Cremation Facility
Parking Structure RR Warehouse
Passenger Terminal Produce Storage
Playground RRRRRR Mini-Storage
Sports Stadium
Surface Parking Lot WWWR: ALLOWED BY RIGHT
Religious Assembly RRRRRRW: ALLOWED BY WARRANT
U: ALLOWED BY USE PERMIT 2. T4-Restricted
3. T4-Open
TABLE 9: Specific Function and Use. This table expands the categroies of Table 8 to delegate specific Functions and uses within Transect Zones.
1. This table notwithstanding, all senior housing
shall comply with Section 64-1834(a).
35 May 23, 2012
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
T2 RURAL ZONE T3 SUB-URBAN
ZONE T4 GENERAL
URBAN ZONE T5 URBAN CENTER
ZONE
a.
By Right
By TDR
b
Block Perimeter
c.
HW
BV
AV
CS
DR
ST
RD
Rear Lane
Rear Alley
Path
Passage
Multi-Use Trail
Equestrian Trail
Bicycle Lane
Bicycle Route
d.
Park
Green
Square
Plaza
Playground
e.
Lot Width
Lot Coverage
f.
(f.1) Front Setback Principal
(f.2) Front Setback Secondary
(f.3) Side Setback
(f.4) Rear Setback
Frontage Buildout
g.
Front Setback
Side Setback
Rear Setback
h.
Edgeyard
Sideyard
Rearyard
Courtyard
i.
Common Yard
Porch & Fence
Terrace, Dooryard
Forecourt
Stoop
Shopfront
Gallery
Arcade
j.
Principal Building
Outbuilding
k.
Residential
Lodging
Office
Retail
ARTICLE 4
ARTICLES 1, 2, 3
1. Minimum setbacks and building separations shall be subject to fire and building code restrictions.
2. Greater setback shall apply except for projects utilizing TDR, in which case the lesser setback shall apply.
TABLE 10: Code Summary
4. Within T4-Restricted and T4-Open different Building Function requirements applyFUNCTIONopen use
open use
open use
open use
3. Greater setback shall apply at a corner; lesser shall apply in all other situations
prohibited use prohibited use limited use4
prohibited use restricted use limited use4
restricted use restricted use limited use4
BUILDING FUNCTION (See Table 8 and Table 9)
restricted use restricted use limited use4
3 stories max. 1 min.
3 stories max. 3 stories max. 2 stories max. 2 stories max.
3 stories max. 3 stories max. 3 stories max. 1 min.
BUILDING FORM-HEIGHT (See Table 5)BUILDING FORMpermitted
not permitted
not permitted not permitted permitted
not permitted permitted permitted
permitted
not permitted not permitted permitted permitted
not permitted not permitted permitted
permitted
not permitted not permitted permitted permitted
not permitted not permitted permitted
not permitted
permitted permitted permitted not permitted
permitted permitted not permitted
permitted
PRIVATE FRONTAGES (See Table 7)
not permitted permittednot permitted not permitted BUILDING PLACEMENTnot permitted not permitted permitted
not permitted
not permitted
permitted permitted permitted
not permitted permitted permitted
BUILDING PLACEMENT (See Table 6)
50 ft. min. 12 ft. min. 3 ft. min.
25 ft. min.
3 ft. 3 ft. max.
SETBACKS - OUTBUILDING (See Table 11)
2 ft. min. 15 ft. max.
25 ft. min.5 or 10 ft. min.2 0 ft. min. 0 ft. min. 24 ft. max.
60 ft. min.15 or 20 ft. min.2 10 ft. min. 30 ft. max.
80% max.
SETBACKS - PRINCIPAL BUILDING (See Table 11)
20% max 60% max. 70% max.
18 ft. min 180 ft. max.
LOT OCCUPATION
100 ft min 70 ft. min 120 ft. max. 18 ft. min 96 ft. max.
permitted
permitted permitted permitted permitted
not permitted not permitted not permitted
permittednot permitted not permitted permitted
not permitted permitted permitted permitted
permitted permitted by Warrant
permitted
by Warrant
permitted permitted permitted
permittedpermitted permitted permitted
permitted permitted permitted permitted
not permitted
not permitted permitted permitted permitted
permitted permitted permitted
not permitted
not permitted permitted required, or Lane required
permitted permitted required, or Alley
permitted
permitted permitted not permitted not permitted
not permitted permitted permitted
permitted
not permitted permitted permitted permitted
not permitted not permitted not permitted
permitted permitted permitted
not permitted permitted permitted
BLOCK SIZE
no maximum 3,000 ft. max. 2,400 ft. max. 2,000 ft. max.
14 units / ac. TDR not permitted 6 units / ac. 9 units / ac.
BASE BUILDING DENSITY (See Section 1.6)
1 unit / ac. 3 units / ac. 5 units / ac. 9 units / ac.
50 ft. min. 3 ft. min.
50% min.
40 ft. min. 12 ft. min.
3 ft. or 6 ft. min.3 0 ft. or 3 ft. min.3
not applicable 30% min.
THOROUGHFARES (See Table 2 and Table 3)
CIVIC SPACES (See Table 4)
70% min.
3 ft. min.
permitted permitted not permitted not permitted
permitted
not permitted
0 ft. min.
8 ft. min. 20 ft. max. 2 ft. min. 15 ft. max.
20 ft. min. + bldg. setback 20 ft. min. + bldg. setback 20 ft. min. + bldg. setback 40 ft. max. from rear prop
permitted permitted permitted permitted
36 May 23, 2012
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
TABLE 11A: Code Graphics - T3
1.
2.
3.
(See Table 1)
l.
restricted use
restricted use
restricted use 1.
prohibited use
k.
3 stories max.2.
2 stories max.
f.
70 ft. min. 120 ft. max.
60% max.
i.
permitted
not permitted
not permitted 1.
not permitted
g.
15 or 20 ft. min. *
12 ft. min.
5 or 10 ft. min. *
12 ft. min. **
30% min. at setback
h.
20 ft. min. + bldg. setback
3 ft. min. or 6 ft. min. at corner
3 ft. min.
j.
permitted 1.
permitted
not permitted
not permitted
not permitted 2.
not permitted
not permitted
not permitted
Refer to Summary Table 10
3.
*
or 15 feet from center line of alley**
Greater setback shall apply except for projects utilizing TDR,in which
case the lesser setback shall apply.
Gallery
Arcade
Terrace or Lightwell
Forecourt
Stoop
Shopfront & Awning
"N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and
maximums.
SETBACKS - PRINCIPAL BLDG.
The Facades and Elevations of Principal
Buildings shall be distanced from the Lot
lines as shown.
Facades shall be built along the Principal
Frontage to the minimum specified width
in the table.
SETBACKS - OUTBUILDING
The Elevations of the Outbuilding shall be
distanced from the Lot lines as shown.
Trash containers shall be stored within
the third Layer.
Uncovered parking spaces may be
provided within the second and third
Layer as shown in the diagram (see
Table 12d).
Covered parking shall be provided
within the third Layer as shown in the
diagram (see Table 12d). Side- or rear-
entry garages may be allowed in the
first or second Layer by Warrant.
PARKING PLACEMENT
(h.2) Front Setback Secondary
(h.3) Side Setback
Common Lawn
Porch & Fence
SETBACKS - OUTBUILDING (See Table 10g)
PRIVATE FRONTAGES (See Table 7)
BUILDING FUNCTION (See Table 8 & Table 9)
BUILDING FORM (See Table 8)
LOT OCCUPATION (See Table 10e)
(g.3) Side Setback
(g.4) Rear Setback
Frontage Buildout
(h.1) Front Setback Principal
(g.1) Front Setback Principal
Office
Retail
Principal Building
Outbuilding
Lot Width
Lot Coverage
Rearyard
Courtyard
BUILDING PLACEMENT (See Table 6)
(g.2) Front Setback Secondary
Residential
Lodging
Edgeyard
Sideyard
SETBACKS - PRINCIPAL BUILDING (See Table 10f)
BUILDING CONFIGURATION
Building height shall be measured in
number of Stories, excluding Attics and
raised basements.
Stories may not exceed 14 feet in height
from finished floor to finished ceiling.
Height shall be measured to the eave or
roof deck as specified on Table 5.
37 May 23, 2012
CRABAPPLE FORM-BASED CODE – DRAFT V5
City of Milton
TABLE 11B: Code Graphics - T4
1.
2.
3.
(See Table 1)
l.
limited use*
limited use*
limited use*1.
limited use*
k.
3 stories max.2.
2 stories max.
f.
18 ft. min., 96 ft. max.
70% max.
i.
permitted
permitted
permitted 1.
not permitted
g.
10 ft. min., 30 ft. max.
8 ft. min., 20 ft. max.
0 ft. min.
3 ft. min.**
50% min. at setback
h.
20 ft. min. + bldg. setback
0 ft. min. or 3 ft. min. at corner
3 ft. min.
j.
not permitted 1.
permitted
permitted
permitted
permitted 2.
permitted
permitted
not permitted
Refer to Summary Table 10
3.Trash containers shall be stored
within the third Layer.
Terrace or Lightwell
Forecourt
Stoop
Shopfront & Awning
Gallery
Uncovered parking spaces may be
provided within the third Layer as
shown in the diagram (see Table
12d).
(h.1) Front Setback Principal
Arcade
(h.2) Front Setback Secondary
(h.3) Side Setback
Common Lawn
Porch & Fence
Facades shall be built along the
Principal Frontage to the minimum
specified width in the table.
SETBACKS - OUTBUILDING
Principal Building
Outbuilding
Sideyard
Rearyard
Courtyard
(g.1) Front Setback Principal
(g.2) Front Setback Secondary
Lodging
Office
Retail
BUILDING CONFIGURATION
Building height shall be measured in
number of Stories, excluding Attics and
raised basements.
Stories may not exceed 14 feet in
height from finished floor to finished
ceiling, except for a first floor
Commercial function which must be a
minumum of 11 ft with a maximum of 25
feet.
Height shall be measured to the eave or
roof deck as specified on Table 5.
SETBACKS - PRINCIPAL BLDG.
The Facades and Elevations of
Principal Buildings shall be distanced
from the Lot lines as shown.
The Elevations of the Outbuilding shall
be distanced from the Lot lines as
shown.
BUILDING PLACEMENT (See Table 6)
SETBACKS - PRINCIPAL BUILDING (See Table 10f)
** or 15 feet from center line of alley
Covered parking shall be provided
within the third Layer as shown in the
diagram (see Table 12d).
PARKING PLACEMENT PRIVATE FRONTAGES (See Table 7)
(g.3) Side Setback
(g.4) Rear Setback
Frontage Buildout
*Within T4-Restricted and T4-Open different Building Function requirements apply
"N" stands for any Stories above those shown, up to the maximum. Refer
to metrics for exact minimums and maximums.
BUILDING FUNCTION (See Table 8 & Table 9)
BUILDING FORM (See Table 5)
LOT OCCUPATION (See Table 10e)
SETBACKS - OUTBUILDING (See Table 10g)
Lot Width
Lot Coverage
Edgeyard
Residential
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TABLE 11B: Code Graphics - T5
1.
2.
3.
(See Table 1)
l.
open use
open use
open use 1.
open use
k.
3 stories max.2.
2 stories max.
f.
18 ft. min., 180 ft. max.
80% max.
i.
not permitted
permitted
permitted 1.
permitted
g.
2 ft. min., 12 ft. max.
2 ft. min., 12 ft. max.
0 ft. min., 24 ft. max.
3 ft. min.*
70% min. at setback
h.
40 ft. max. from rear prop.
0 ft. min. or 2 ft. at corner
3 ft. max.
j.
not permitted 1.
not permitted
permitted
permitted
permitted 2.
permitted
permitted
permitted
Refer to Summary Table 10
* or 15 feet from center line of alley
Stoop
Shopfront & Awning
(g.4) Rear Setback
Frontage Buildout
(h.1) Front Setback Principal
(h.2) Front Setback Secondary
SETBACKS - OUTBUILDING (See Table 10g)
"N" stands for any Stories above those shown, up to the maximum. Refer
to metrics for exact minimums and maximums.
PRIVATE FRONTAGES (See Table 7)
(h.3) Side Setback
Common Lawn
Porch & Fence
Gallery
Arcade
Terrace or Lightwell
Forecourt
Uncovered parking spaces may be
provided within the third Layer as
shown in the diagram (see Table
12d).
Covered parking shall be provided
within the third Layer as shown in the
diagram (see Table 12d).
PARKING PLACEMENT
3.Trash containers shall be stored
within the third Layer.
The Elevations of the Outbuilding shall
be distanced from the Lot lines as
shown.
BUILDING PLACEMENT (See Table 6)
SETBACKS - PRINCIPAL BUILDING (See Table 10f)
BUILDING FORM (See Table 5)
LOT OCCUPATION (See Table 10e)
Courtyard
SETBACKS - PRINCIPAL BLDG.
The Facades and Elevations of
Principal Buildings shall be distanced
from the Lot lines as shown.
Facades shall be built along the
Principal Frontage to the minimum
specified width in the table.
SETBACKS - OUTBUILDING
Office
Retail
Principal Building
Outbuilding
Lot Width
Lot Coverage
(g.3) Side Setback
(g.2) Front Setback Secondary
Rearyard
(g.1) Front Setback Principal
Residential
Lodging
Edgeyard
Sideyard
BUILDING FUNCTION (See Table 8 & Table 8)
BUILDING CONFIGURATION
Building height shall be measured in
number of Stories, excluding Attics and
raised basements.
Stories may not exceed 14 feet in
height from finished floor to finished
ceiling, except for a first floor
Commercial function which must be a
minumum of 11 ft with a maximum of 25
feet.
Height shall be measured to the eave or
roof deck as specified on Table 8.
39 May 23, 2012
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TABLE 12: Definitions Illustrated
a. THOROUGHFARE & FRONTAGES
b. TURNING RADIUS c. BUILDING DISPOSITION
d. LOT LAYERS e. FRONTAGE & LOT LINES
f. SETBACK DESIGNATIONS
40 May 23, 2012
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ARTICLE 6. DEFINITION OF TERMS
DEFINITIONS
This Article provides definitions for terms in this code that are technical in nature or that otherwise may not
reflect a common usage of the term. If a term is not defined in this Article or In Section 64-1 of this zoning
ordinance, then the community development director shall determine the correct definition. Items in italics
refer to Articles, Sections, or Tables in the code.
Accessory Building: an Outbuilding with an Accessory Unit.
Accessory Unit: an Apartment not greater than 440 square feet sharing ownership and utility connections
with a Principal Building; it may or may not be within an Outbuilding. See Table 8A and Table 12. (Syn:
ancillary unit)
Allee: a regularly spaced and aligned row of trees usually planted along a Thoroughfare or Path.
Arcade: a Private Frontage conventional for Retail use wherein the Facade is a colonnade supporting
habitable space that overlaps the Sidewalk, while the Facade at Sidewalk level remains at the Frontage
Line.
Avenue (AV): a Thoroughfare of high vehicular capacity and low to moderate speed, acting as a short
distance connector between urban centers, and usually equipped with a landscaped median.
Backbuilding: a single-Story structure connecting a Principal Building to an Outbuilding. See Table 12.
Base Density: the number of building units per acre before use of TDR. See Density.
Bicycle Lane (BL): a dedicated lane for cycling within a moderate-speed vehicular Thoroughfare,
demarcated by striping and having a minimum width of 5 feet.
Bicycle Route (BR): a Thoroughfare suitable for the shared use of bicycles and automobiles moving at low
speeds.
Block: the aggregate of private Lots, Passages, Rear Alleys and Rear Lanes, circumscribed by
Thoroughfares.
Block Face: the aggregate of all the building Facades on one side of a Block.
Boulevard (BV): a Thoroughfare designed for high vehicular capacity and moderate speed, traversing an
Urbanized area. Boulevards are usually equipped with Slip Roads buffering Sidewalks and buildings.
By Right: characterizing a proposal or component of a proposal for a Building Scale Plan (Article 4) that
complies with the code and is permitted and processed administratively, without public hearing. See
Warrant and Variance.
Chamfered: a condition where a small exterior wall plane at a building corner has been formed when the
planes of the two adjacent walls are cut away, usually at an angle of 45 degrees.
Civic: the term defining not-for-profit organizations dedicated to arts, culture, education, recreation,
government, transit, and municipal parking.
Civic Building: a building operated by a city, county, state, or federal government.
Civic Building Sites: a parcel containing a Civic Building.
Civic Space: an outdoor area dedicated for public use. Civic Space types are defined by the combination of
certain physical constants including the relationships among their intended use, their size, their landscaping
and their Enfronting buildings. See Table 4.
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Civic Space TDR Sending Site: A Park/Greenway TDR Sending Site designated as Civic Space in an
adopted plan or code and therefore assigned a higher TDR allocation factor than other Park/Greenway TDR
Sending Sites but treated as a Park/Greenway TDR Sending Site in all other respects.
Civic Zone: designation for sites dedicated for Civic Building Sites and Civic Spaces.
Commercial: the term collectively defining workplace, Office, Retail, and Lodging Functions.
Common Yard: a planted Private Frontage wherein the Facade is set back from the Frontage line. It is
visually continuous with adjacent yards. See Table 7.
Configuration: the form of a building, based on its massing, Private Frontage, and height.
Constrained Land: includes the area occupied by lakes, streams, wetlands, buffers, landfills and all other
land so determined by the community development director.
Cottage: an Edgeyard building type. A single-family dwelling, on a regular Lot, often shared with an
Accessory Building in the back yard.
Courtyard Building: a building that occupies the boundaries of its Lot while internally defining one or more
private patios. See Table 7.
Curb: the edge of the vehicular pavement that may be raised or flush to a swale. It usually incorporates the
drainage system. See Table 3A and Table 3B.
Density: the number of buildings units within a standard measure of land area.
Design Speed: is the velocity at which a Thoroughfare tends to be driven without the constraints of signage
or enforcement. There are three ranges of speed: Low: (25 MPH); Moderate: (25-35 MPH); High: (above 35
MPH). Lane width is determined by desired Design Speed. See Table 2A.
Dooryard: a Private Frontage type with a shallow Setback and front garden or patio, usually with a low wall
at the Frontage Line. See Table 7. (Variant: Lightwell, light court.)
Drive: a Thoroughfare along the boundary between an Urbanized and a natural condition, usually along a
waterfront, Park, or promontory. One side has the urban character of a Thoroughfare, with Sidewalk and
building, while the other has the qualities of a Road or parkway, with naturalistic planting and rural details.
Edgeyard Building: a building that occupies the center of its Lot with Setbacks on all sides. See Table 7.
Effective Turning Radius: the measurement of the inside Turning Radius taking parked cars into account.
See Table 12.
Elevation: an exterior wall of a building not along a Frontage Line. See Table 12. See: Facade.
Encroach: to break the plane of a vertical or horizontal regulatory limit with a structural element, so that it
extends into a Setback, into the Public Frontage, or above a height limit.
Encroachment: any structural element that breaks the plane of a vertical or horizontal regulatory limit,
extending into a Setback, into the Public Frontage, or above a height limit.
Equestrian Trail: an unpaved equestrian way running independent of a vehicular Thoroughfare or Multi-Use
trail and having an average width of 8 feet.
Enfront: to place an element along a Frontage, as in “porches Enfront the street.”
Facade: the exterior wall of a building that is set along a Frontage Line. See Elevation.
Forecourt: a Private Frontage wherein a portion of the Facade is close to the Frontage Line and the central
portion is set back. See Table 7.
Frontage: the area between a building Facade and the vehicular lanes, inclusive of its built and planted
components. Frontage is divided into Private Frontage and Public Frontage. See Table 3A and Table 7.
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Frontage Line: a Lot line bordering a Public Frontage. Facades facing Frontage Lines define the public
realm and are therefore more regulated than the Elevations facing other Lot Lines. See Table 12.
Function: the use or uses accommodated by a building and its Lot, categorized as Restricted, Limited, or
Open, according to the intensity of the use. See Table 8A and Table 9.
Gallery: a Private Frontage conventional for Retail use wherein the Facade is aligned close to the Frontage
Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. See Table 7.
Green: a Civic Space type for unstructured recreation, spatially defined by landscaping rather than building
Frontages. See Table 4.
Greenway: an Open Space Corridor in largely natural conditions which may include Multi-Use Trails and
Equestrian Trails. .
Gross Site Area: all land within a site's boundaries.
Heavy Industrial: industrial facilities that conduct their operations in such manners that results are created
or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses.
Highway: a rural and suburban Thoroughfare of high vehicular speed and capacity. This type is allocated to
the more rural Transect Zones (T-2, and T-3).
Home Occupation: non-Retail Commercial enterprises. The work quarters should be invisible from the
Frontage, located either within the house or in an Outbuilding. Permitted activities are defined by the
Restricted Office category. See Table 8A.
House: an Edgeyard building type, usually a single-family dwelling on a large Lot, often shared with an
Accessory Building in the back yard. (Syn: single.)
Layer: a range of depth of a Lot within which certain elements are permitted. See Table 12.
Light Industrial: uses permitted in the M-1A district that conduct their operations in such manners that no
results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby
non-industrial uses. Uses permitted in M-1A, but indicated elsewhere in Table 9 shall not be considered
Light Industrial.
Lightwell: A Private Frontage type that is a below-grade entrance or recess designed to allow light into
basements. See Table 7. (Syn: light court.)
Liner Building: a building specifically designed to mask a parking lot or a Parking Structure from a
Frontage.
Live-Work: a Mixed Use unit consisting of a Commercial and Residential Function. The Commercial
Function may be anywhere in the unit. It is intended to be occupied by a business operator who lives in the
same structure that contains the Commercial activity or industry. See Work-Live. (Syn.: flexhouse.)
Lodging: premises available for daily renting of guest rooms. See Table 10 and Table 12.
Lot Line: the boundary that legally and geometrically demarcates a lot.
Lot Width: the length of the Principal Frontage Line of a lot.
Manufacturing: premises available for the creation, assemblage and/or repair of objects, using table-
mounted electrical machinery or artisanal equipment, and including their Retail sale.
Mixed Use: multiple Functions within the same building through superimposition or adjacency, or in multiple
buildings by adjacency, or at a proximity determined by Warrant.
Multi-Use Trail (MT): a shared pedestrian, bicycle and golf cart way running independent of a vehicular
Thoroughfare and having a minimum width of 12 feet.
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Office: premises available for the transaction of general business but excluding Retail, and Industrial
Functions. See Table 8A and Table 9. .
Open Space TDR Sending Sites: parcels that remain in private ownership subject to conservation
easements in compliance with this code
Outbuilding: an Accessory Building, usually located toward the rear of the same Lot as a Principal Building,
and sometimes connected to the Principal Building by a Backbuilding. See Table 12.
Park: a Civic Space type that is a natural preserve available for unstructured recreation. See Table 4.
Park/Greenway TDR Sending Sites: parcels that are transferred from private to public ownership or are
publicly accessible by easement in compliance with this code, including sites designated as Civic Space,
Park, Greenway, trail or other public recreational uses in an adopted plan or code
Parking Structure: a building containing one or more Stories of parking above grade.
Passage (PS): a pedestrian connector, open or roofed, that passes between buildings to provide shortcuts
through long Blocks and connect rear parking areas to Frontages.
Path (PT): a pedestrian way traversing a Park or rural area, with landscape matching the contiguous open
space, ideally connecting directly with the urban Sidewalk network.
Placement: the arrangement of a building on its lot.
Planter: the element of the Public Frontage which accommodates street trees, whether continuous or
individual. The Planter shall be located between the Sidewalk and the Curb.
Plaza: a Civic Space type designed for Civic purposes and Commercial activities in the more urban
Transect Zones, generally paved and spatially defined by building Frontages.
Principal Building: the main building on a Lot, usually located toward the Frontage. See Table 12.
Principal Entrance: the main point of access for pedestrians into a building.
Principal Frontage: On corner Lots, the Private Frontage designated to bear the address and Principal
Entrance to the building, and the measure of minimum Lot width. Prescriptions for the parking Layers
pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages of a corner
Lot. See Frontage.
Private Frontage: the privately held Layer between the Frontage Line and the Principal Building Facade
that bears the Principal Entrance to the building. See Table 7 and Table 12.
Public Frontage: the area between the Curb of the vehicular lanes and the Frontage Line. See Table 3A
and Table 3B.
Rear Alley (RA): a privately owned and maintained vehicular way located to the rear of Lots providing
access to service areas, parking, and Outbuildings and containing utility easements. Rear Alleys should be
paved from building face to building face, with drainage by inverted crown at the center or with roll Curbs at
the edges.
Rear Lane (RL): a privately owned and maintained vehicular way located to the rear of Lots providing
access to service areas, parking, and Outbuildings and containing utility easements. Rear Lanes may be
paved lightly to Driveway standards. The streetscape consists of gravel or landscaped edges, has no raised
Curb, and is drained by percolation.
Rearyard Building: a building that occupies the full Frontage Line, leaving the rear of the Lot as the sole
yard. See Table 6. (Var: Rowhouse, Townhouse, Apartment House)
Regulating Plan: a Zoning Map or set of maps that shows the Transect Zones, Civic Zones, Special
Districts if any, and Special Requirements if any, of areas subject to regulation by this code.
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Residential: characterizing premises available for long-term human dwelling.
Retail: characterizing premises available for the sale of merchandise and food service. See Table 8A and
Table 9.
Retail Frontage: Frontage designated on a Regulating Plan that requires or recommends the provision of a
Shopfront, encouraging the ground level to be available for Retail use. See Special Requirements.
Road (RD): a local, rural and suburban Thoroughfare of low-to-moderate vehicular speed and capacity. This
type is allocated to the more rural Transect Zones (T2-T3).
Rowhouse: a single-family dwelling that shares a party wall with another of the same type and occupies the
full Frontage Line. See Rearyard Building. (Syn: Townhouse)
Secondary Frontage: on corner Lots, the Private Frontage that is not the Principal Frontage. As it affects
the public realm, its First Layer is regulated. See Table 12.
Setback: the area of a Lot measured from the Lot line to a building Facade or Elevation that is maintained
clear of permanent structures, with the exception of Encroachments listed in Section 4.5. See Table 10f.
Shopfront: a Private Frontage conventional for Retail use, with substantial glazing and an awning, wherein
the Facade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. See Table 7.
Sidewalk: the paved section of the Public Frontage dedicated exclusively to pedestrian activity.
Sideyard Building: a building that occupies one side of the Lot with a Setback on the other side. This type
can be a Single or Twin depending on whether it abuts the neighboring house. See Table 6.
Simulated Divided Lites: a method of constructing windows in which muntins are affixed to the inside and
outside of a panel of insulating glass to simulate the look of true divided light.
Slip Road: an outer vehicular lane or lanes of a Thoroughfare, designed for slow speeds while inner lanes
carry higher speed traffic, and separated from them by a planted median. (Syn: access lane, service lane)
Specialized Building: a building that is not subject to Residential, Commercial, or Lodging classification.
See Table 6.
Special Requirements: provisions of Section 4.3 of this code and/or the associated designations on a
Regulating Plan.
Square: a Civic Space type designed for unstructured recreation and Civic purposes, spatially defined by
building Frontages and consisting of Paths, lawns and trees, formally disposed. See Table 4.
Stoop: a Private Frontage wherein the Facade is aligned close to the Frontage Line with the first Story
elevated from the Sidewalk for privacy, with an exterior stair and landing at the entrance. See Table 7.
Story: a habitable level within a building, excluding an Attic or raised basement. See Table 5.
Street (ST): a local urban Thoroughfare of low speed and capacity.
Streetscreen: a freestanding wall built along the Frontage Line, or coplanar with the Facade. It may mask a
parking lot from the Thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of
the public realm. (Syn: streetwall.)
Substantial Modification: alteration to a building that is valued at more than 50% of the replacement cost
of the entire building, if new.
Swale: a low or slightly depressed natural area for drainage.
T-zone: Transect Zone.
TDR: Transfer of Development Rights, a method of relocating existing zoning rights from areas to be
preserved as open space to areas to be more densely urbanized.
TDR Receiving Sites: parcels that receive bonus Density through TDR in compliance with this code.
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TDR Sending Sites: parcels on which development potential has been permanently reduced, parcels where
ownership has been transferred or where public access has otherwise been secured in compliance with this
code.
Thoroughfare: a way for use by vehicular and pedestrian traffic and to provide access to Lots and Open
Spaces, consisting of Vehicular Lanes and the Public Frontage. See Table 2A, Table 2B and Table 12a.
Townhouse: See Rearyard Building. (Syn: Rowhouse)
Transect: a cross-section of the environment showing a range of different habitats. The rural-urban
Transect of the human environment is divided into six Transect Zones. These zones describe the physical
form and character of a place, according to the Density and intensity of its land use and Urbanism.
Transect Zone (T-zone): one of several geographic areas regulated by this code. Transect Zones are
administratively similar to the land use zones in conventional codes, except that in addition to the usual
building use, Density, height, and Setback requirements, other elements of the intended habitat are
integrated, including those of the private Lot and building and Public Frontage. See Table 1.
True Divided Lites: A term that refers to windows in which multiple individual panes of glass or lights are
assembled in the sash using muntins.
Turning Radius: the curved edge of a Thoroughfare at an intersection, measured at the inside edge of the
vehicular tracking. The smaller the Turning Radius, the smaller the pedestrian crossing distance and the
more slowly the vehicle is forced to make the turn. See Table 2B and Table 12.
Unconstrained Land: includes all land not characterized as constrained.
Urbanism: collective term for the condition of a compact, Mixed Use settlement, including the physical form
of its development and its environmental, functional, economic, and sociocultural aspects.
Urbanized: generally, developed. Specific to this code, developed at T3 (Sub-Urban) Density or higher.
Variance: a ruling that would permit a practice that is not consistent with either a specific provision or the
Intent of this code (Section 1.1). Variances shall be processed as a primary variance by the board of zoning
appeals as established in Section 64-1888. See Section 1.5.
Warrant: a ruling that would permit a practice that is not consistent with a specific provision of this code, but
that is justified by its Intent (Section 1.1). Warrants shall be processed as an administrative variance by the
community development director as established in Section 64-1885. See Section 1.5.
Work-Live: a Mixed Use unit consisting of a Commercial and Residential Function. It typically has a
substantial Commercial component that may accommodate employees and walk-in trade. The unit is
intended to function predominantly as work space with incidental Residential accommodations that meet
basic habitability requirements. See Live-Work. (Syn: Live-With.)
Yield: characterizing a Thoroughfare that has two-way traffic but only one effective travel lane because of
parked cars, necessitating slow movement and driver negotiation. Also, characterizing parking on such a
Thoroughfare.
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ARTICLE 7. ARCHITECTURAL STYLES
This Article provides an overview of the five architectural styles and colors that shall be utilized for all new buildings
except single-family detached residential, as established In Section 4.14. Because the execution of specific styles
can vary, the information contained in this article is advisory and for the expressed purpose of guiding the city design
review board in reviewing buildings.
ARCHITECTURAL STYLES
Vernacular: With origins in Elizabethan England and influenced by Native American and African American
traditions, the Vernacular tradition in the South is the essence of beauty, function, and simplicity. It is a
powerful building type, perhaps the most indigenous to America. Dating from the arrival of the first settlers, it
was recycled into the fabric of later styles and has never been fully abandoned. Vernacular forms exhibit
natural composition, never decorative or academic, but relating to a relaxed logic. Materiality rules, as
building materials are used in their most raw, pure, forms, with ornament reduced to mere gesture, executed
in the same raw materials.
Essential elements include simple masses, many times saltbox and catslide, with additions and
appendages. Almost without exception, roofs are gabled, with gables rarely facing the front. Shed roofs over
full-length porches or enclosed additions are common. Gable-end chimneys are prominent. Windows are of
similar sizes, spaced in a balanced but not overly rigid composition, and are generally non-ornamental.
Window spacing relating to room arrangement is often independent of column or post spacing, which relates
to the actual porch structure. Modest stylistic detailing is Federal and Greek Revival, with elements of
Italianate and Carpenter Gothic. Ceiling heights range from 9 feet to 12’ for commercial buildings, and 7 feet
to 10 feet for houses. One-story Vernacular cottages may have so-called travelers rooms on either side of a
front porch, featuring ceilings as low as 7 feet. Frugality rules Vernacular architecture. Hand made brick,
wood horizontal lap siding, flush T&G plank siding under porches, wood-shingle and standing- seam roofs,
and brick and/or stone chimneys are the typical features found in early architecture. Later forms are
sometimes roofed in corrugated or 5-V galvanized metal.
Typical exterior colors for earlier buildings include slate blue and earth tones such as terra cotta, taupe, and
brown. Later works are typically whitewashed.
Because Vernacular is not truly a style but a local building tradition, it’s form never hybridized with
nineteenth century styles. Stylistic detailing is applied to the building in a superficial manner.
Greek Revival: Of the Romantic styles favored in the nineteenth century, perhaps none was more popular
than Greek Revival. Dominant from about 1830 to 1860 in the South, the style symbolized the affinity
Americans felt with the ideals of Greek democracy.
The style was easy to construct in wood or masonry due to its Spartan forms and details. Forms are boxy
with consistent cornice lines and low-pitched gabled or hipped roofs. Gables can be side or front facing.
In the South, Greek detailing and full-width front porticos are often married to Vernacular forms, taking the
form of a classical billboard, which is one of the more charming aspects of this region’s native architecture.
Porches vary in prominence, being either the fabled Southern full-width two-story version or the less
ostentatious one-story version or even the smaller stoop variety, which is equally dignified. Fenestration
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features include rectangular sash and doors with bold, plain casings and horizontal cornices. Chimneys,
being non-Classical, are thoroughly de-emphasized. Columns that are always round in true Greek
architecture are usually simplified into square adaptations. Classical details are large and bold as opposed
to the earlier, mild- mannered Adam Style, with wide, prominent entablature with Greek Doric columns being
the main hallmark of the style. When decoration is desired, it is executed with Greek key fretwork, and
vernacularized classical profiles.
Paint colors for siding and trim are typically white, cream, and light grey with shutters tinted black. Window
sash are white or black. Wood-mold brick is in the red to earth range.
Italianate: The Italianate style became popular in America around 1840 and flourished especially rapidly in
the 1850s. As its name implies, the Renaissance houses of Italy are its inspiration. The style is picturesque
or romantic as opposed to the more disciplined Greek Revival style. Broad, bracketed cornices on shallow
hipped or gabled roofs; attic windows; tall windows that are frequently arched and clustered; iron balconies;
massive entrance doors; clustered porch columns; Renaissance details; and tall ceilings are hallmarks of
this style. Facades may be symmetrical and somewhat dignified, or asymmetrical, with a casual, rural
quality. Chimneys are usually internal to the building mass.
In the South, there are many interpretations of the style executed in wood, with Renaissance-style ornament
adapted to local skill levels. Some versions of this style are easy to construct, especially if the building
material is brick, for then fundamental masonry techniques are used such as full or segmental arches,
lintels, and load-bearing walls.
Paint colors for siding, trim, and sashes are typically earth tones with emphasis on browns, terra cottas, and
golds. Trim colors and sashes are usually painted darker than the siding. Wood-mold brick is in the red to
earth range.
Gothic: With origins in late 18th century England, the Gothic Style, otherwise known as the Gothic Revival,
was popularized by Andrew Jackson Downing in the 1840s and 1850s. The style may be looked at as a
reaction to the classical styles so popular at the time of the Adam style or Federal style, and the Greek
Revival. With a definite nod to the whimsical, the style provided a welcome relief to the academic aesthetic
of the era.
Many Americans associate the style with Grant Wood’s American Gothic, a painting depicting a rather
austere midwestern husband and wife set in front of a plain board and batten cottage with a pointed arched
window.
Applied to the hall and parlor houses popular at the time, humble folk houses were transformed into
medieval fantasy with the addition of steep roofs, decorative verge boards and crockets, pointed arches,
and pinnacles. Board and batten siding, paired columnettes, and 2 over 2 windows accentuated the
verticality of the look. Old-timers sometimes naively refer to the ornamentation of the style as “gingerbread”.
Many Gothic buildings dot the historic American countryside, with a special abundance in the North Georgia
area. From Rome’s medieval clock tower to the Gothic cottages of Clarkesville, the Gothic style has become
inextricably fused with the American psyche.
Queen Anne: The Queen Anne Style dominated domestic American architecture from about 1880 until
1900. Popularized by the architect Richard Norman Shaw, the style was a revival of late medieval styles in
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England. (The name Queen Anne, however has little or nothing to do with the reign of the English queen
during the formalistic Renaissance period.) Indigenous versions of the style usually translated into wooden-
frame structures decorated with turned spindle work and free-form Classicism, with columns, pediments,
and so forth being freely substituted for medieval ornament.
The movement was fueled in the New South by the commerce generated by the cotton industry. The forms
of the buildings themselves are a fanciful version of medieval forms. Asymmetry was the general rule with
steeply pitched roofs, front gables, and folk ornament. As opposed to the academic Adam and Greek
Revival styles, there is a deliberate effort at making the façade three dimensional, using projecting gables
and cutaway bays. The new railroads brought pre made spindle work and bric-a-brac ornament to almost
every American town and city, resulting in the proliferation of the quintessential gingerbread house.
Windows tended to be 1/1 or 2/2 with the occasional ornamental sash. Ceilings were usually very tall,
starting at 10 feet. Examples exist of this style in the Crabapple Community.
Colors were earthy-sage, taupe, amber, gold, and brown. Trim and sashes were usually in the darker
spectrum of the palette.
Colonial Revival: Inspired by the Centennial of 1876, the Colonial Revival thrived in the love that
Americans have for their Colonial past, especially in English and Dutch houses of the Atlantic Seaboard. In
part a reaction to the excesses of Victorian architecture, forms include simple saltbox massing, “L”
configurations, catslide roofs, and vernacular forms. Wings and additions often occur that are subordinate in
scale to the primary mass of the structure. Rooms are usually larger than their authentic Colonial
predecessors and are planned for gracious interior accommodation resulting in playful exteriors. Facades
may contain front facing gables treated in a decorative manner. Roof forms are varied in the Colonial
Revival from steep Georgian types, shallow Classical types, hips, hipped gables, Gambrels, catslides, and
Southern Vernacular types. Dormers are common roof features. Beautiful chimneys centered on gable ends
terminate rooflines. Full front porches occur, but not as often as side porches and trellises, that often take on
the quality of an outdoor room.
Ceiling heights are always generous. Windows are larger than historic prototypes of early years. Americans
were not about to give up the light that they had become used to in the Victorian period. Refined stylistic
detailing includes Colloquial, Georgian, Federal, Regency, and Classical Revival elements such as columns
and pilasters, fretwork railings, entablatures, broad casings, story courses, base reliefs, etc. Exteriors are
finished in wood shingle siding, mitered lap siding, wood mould brick and worked stone. Roofs are slate,
wood shingle, French tile, and standing seam metal.
Some Colonial Revival buildings are quite decorative with Classical appliqué featuring urns, garlands, and
grotesques ornament. Other Colonial Revival buildings are hybridized with the Craftsman style and feature
straightforward construction detailing such as out-lookers supporting broad eaves, plain Tuscan columns
with no base or capital necking details, and post and beam casings.
Not all Colonial Revival houses are so freely adapted from various sources. Austere and authentic examples
exist that are almost indistinguishable from their antecedents, leaving one to ponder the construction date.
James Means, a 20th century Atlanta architect, designed Plantation Plain houses across the state of
Georgia (one notable example exists in Crabapple) with great sophistication. His colleagues, Neel Reid, and
Phillip Shutze, designed more inventive and decorative homes that are at the apex of the style in the South.
CRABAPPLE FORM-BASED CODE – DRAFT V5
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May 23, 2012 50
Typical exterior siding, trim, and sash colors are white, bone, and cream, with dark green or black shutters
and the occasional red door. Wood shingles are natural, stained grey or stained Jacobean black. Smooth
wood mould brick in the red to earth range, and occasionally buff to taupe range is complimented with grape
vine and lighting raked mortar joints. Stone is coursed or random and features flush, raised bead, or lightly
raked mortar joints.
Adam/Federal: The Adam or Federal style was prevalent in the South from about 1780 through 1820,
although in provincial locations; its influence lasted until around 1840. The style developed directly from
Classical Roman examples of antiquity rather than Renaissance Europe. Young America identified itself and
its government with that of Republican Rome, with a parallel movement occurring in France. The refined
ornament discovered in the archaeological digs at Pompeii heavily influenced the British architect Robert
Adam in the development of the style. Architects such as William Jay of Savannah further developed it.
Simple, austere massing and Vernacular forms are decorated with delicate classical detailing, frequently
featuring the Doric order with decorated cornices, pedimented fenestration, fine modillions and mutules
under the cornice, and entrances with fan lights and sidelights. In isolated locations, chimneys are
awkwardly domestic and prominent, while in urban locations, they are minimally formalized. Exterior
cladding materials are usually clapboards but are sometimes fine brickwork with cut jack arches and
keystones. Classical detailing is deliberately scaled down. Facades are intentionally understated and plain.
Emphasis is placed on the frontispiece and on the fine tailoring of the building. Windows are large and
regularly spaced.
Paint colors for siding, trim, and sashes are typically white, cream, and light grey with shutters being tinted
black. Wood-mold brick is in the red to earth range.
COLORS AND FINISHES
As the architecture demands, the color palette of the City of Milton is diverse. With an emphasis on “real”
materials, whether natural or manmade, many colors and finishes should simply be left unfinished. Surfaces
to be painted should complement the architecture, never commanding too much attention. Colors must never
upstage the natural landscape.
Colors and finishes must be appropriate to the mood and style of the building. Designs that are derived
from the Vernacular style will be early 19th century color combinations, with colors such as burnt sienna;
rich warm gray, mustard and “haint” blue. Designs that take inspiration from the Greek Revival style will
display crisp, light stone colors that bespeak dignity and acknowledge their classical temple origins. Other
designs that are inspired by Queen Anne, Gothic, and Italianate designs are complex and rich, displaying
earth tones that contrast to one another. Colonial Revival and Adams/Federal palettes take inspiration from
East Coast historic precedents with natural shingle siding trimmed in white, white or slate blue clapboard
trimmed in white with red doors, and shaker inspired colors.
The designer should research period colors and become familiar with the combinations that can be used.
ARCHITECTURAL STYLES ILLUSTRATED
The following are illustration of key components of the above-noted styles. Please note that the graphics show the
styles as utilized on single-family detached houses, although these styles can readily translate into commercial or
mixed-use buildings through use of stylistic detailing. Please refer to the City of Milton Historic Preservation Design
Guidelines for examples.
CRABAPPLE FORM-BASED CODE – DRAFT V5
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May 23, 2012 51
CRABAPPLE FORM-BASED CODE – DRAFT V5
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CRABAPPLE FORM-BASED CODE – DRAFT V5
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CRABAPPLE FORM-BASED CODE – DRAFT V5
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CRABAPPLE FORM-BASED CODE – DRAFT V5
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BirminghamHwyArnol
d
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dMayfieldRdMid Broadwell RdGreen RdBroadwell RdCrabapple RdSchoolDrMcFarlinLnOwensLakeRdArnol
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C h ar l o t t e D r
OwensFarmRdOldCedarLnDunbrodyDrWaterside DrDanesfeldDrPetersfordWayWaterhaven Ln
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Morningpark Cir ArklowDrO w e ns B rid ge R d
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CannongateCtSaybeck WayItaskaWalkCrabapple Regulating Plan - DRAFT V50 0.25 0.50.125MilesPrepared by Tunnell-Spangler-Walsh & AssociatesCRABAPPLE FORM-BASED CODELegendT5T4-OpenT4T4-RestrictedT3T2Civic Building SiteCivic SpaceSuitable for a Civic SpaceExistingThoroughfareProposedThoroughfareProposed GreenwayProposed Golf Cart/Pedestrian WayProposed Bicycle RouteThis map produced using data provided by the City of Milton, Fulton County,the Atlanta Regional Commission, field work by Tunnell-Spangler-Walsh & Associates,and other public sources. Data are not guaranteed.May 23, 2012CrabappleCrossing E.S.NorthwesterM.S.MiltonH.S.AG-1R-2CUPR-4T3T3T4T4OpenT3T5PotentialConnection toAlpharettaPotentialConnection toAlpharettaT2T2T2T4PotentialConnection toAlpharettaT4OpenT4OpenT4RestrictedT3T5
BirminghamHwyArnol
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Mill
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dMayfieldRdMid Broadwell RdGreen RdBroadwell RdCrabapple RdSchoolDrMcFarlinLnOwensLakeRdArnol
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Mill
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dLecoma Trce
C h ar l o t t e D r
OwensFarmRdOldCedarLnDunbrodyDrWaterside DrDanesfeldDrPetersfordWayWaterhaven Ln
H ay b rid g e L n DunbrodyAveTensas TrceStillhouse Ln
Morningpark Cir ArklowDrO w e ns B rid ge R d
Brookeivey LnBranyan TrlArbor North WaySixHillsLnSpringwell LnParksteadLnEngerPlMcCaus LnEtchison Ln
Cro y to nTe rNakomisPlAttawanPlOld Place DrHuntburyLnRosevillePlMarstrow Dr
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CannongateCtSaybeck WayItaskaWalkCrabapple TDR Zones - DRAFT V50 0.25 0.50.125MilesPrepared by Tunnell-Spangler-Walsh & AssociatesCRABAPPLE FORM-BASED CODELegendExistingThoroughfareProposedThoroughfareProposed GreenwayPreserved Rural AreaExisting Open SpaceSuitable for a Civic SpaceTDR Receiving SiteTDR Sending SiteThis map produced using data provided by the City of Milton, Fulton County,the Atlanta Regional Commission, field work by Tunnell-Spangler-Walsh & Associates,and other public sources. Data are not guaranteed.May 23, 2012CrabappleCrossing E.S.NorthwesterM.S.MiltonH.S.PotentialConnection toAlpharettaPotentialConnection toAlpharettaPotentialConnection toAlpharetta
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ12-08
AN ORDINANCE TO DELETE CRABAPPLE CROSSROADS OF THE NORTHWEST
FULTON OVERLAY, CHAPTER 64, ARTICLE VII, DIVISION 7 AND CONCURRENTLY
CREATE THE CRABAPPLE FORM BASED CODE, CHAPTER 64, ARTICLE XIX, OF THE
CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF
ORDINANCES)
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on June 18th at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates to deleting Crabapple Crossroads of the Northwest
Fulton Overlay, Chapter 64, Article VII, Division 7 in its entirety and to create the Crabapple
Form Based Code which includes provisions for Transfer of Development Rights within a new
Article of Chapter 64 of the Zoning Ordinance, Article XIX which includes a Crabapple
Regulating Plan Map and a Crabapple TDR Zones Map, and
SECTION 2. That the harmonious and orderly growth of Crabapple should be secured through
form based codes, and that this newly created article includes intent, applicability, process,
warrants and variances, and transfer of development rights, and;
SECTION 3. Is hereby adopted and approved; and is attached hereto as if fully set forth herein,
and;
SECTION 4. All ordinances, parts of ordinances, or regulations in conflict with the terms of this
ordinance are hereby repealed.
SECTION 5. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 18th day of June, 2012
_________________________________
Mayor Joe Lockwood
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 42, ARTICLE III, OF THE MILTON CITY
CODE TO REMOVE THE REQUIREMENT FOR PRECIOUS METALS DEALERS TO
OBTAIN AND MAINTAIN A LICENSE AND INDEMNITY BOND
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on June 18, 2012 at 6:00 p.m. as follows:
SECTION 1. That the Code of Ordinances of the City of Milton, Georgia, relating to the
requirements for obtaining and maintaining a precious metals dealer permit, is hereby amended by
deleting the following subsection 42-63(g).
“Each person shall furnish the City of Milton a license and indemnity bond
conditioned upon the said principal of said bond faithfully performing the obligations
and duties set forth in this article, as such may be amended from time to time. The
purpose of this bond is to indemnify and save harmless the Milton City Council, its
officers and employees, on account of any judgments, claims, demands or losses by
reason of the issuance of the precious metals dealer permit to a permittee and to
provide a means for payment of losses caused by said permittee's violation of this
article for which said permittee principal has been held responsible for in a civil court
of competent jurisdiction to an owner or former owner of precious metals and items
covered under this article. The bond described herein shall be in the amount of
$100,000.00.”
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. This Ordinance shall become effective upon its adoption.
ORDAINED this the 18th day of June, 2012.
____________________________________
Joe Lockwood, Mayor
Attest:
______________________________
Sudie AM Gordon, City Clerk
(Seal)
Page 1 of 2
ORDINANCE NO.
STATE OF GEORGIA
FULTON COUNTY
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON,
GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2012 BUDGET FOR
EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE
AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING
THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING
EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING
EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a
council meeting on June 4, 2012 at 6:00 p.m. as follows:
WHEREAS, the City Manager of the City of Milton has presented
amendments to the fiscal year 2012 Budget to the City Council on each of the
various funds of the City; and
WHEREAS, each of these budget amendments results in a balanced
budget, so that anticipated revenues equal proposed expenditures for each fund;
and
WHEREAS, the amended fiscal year 2012 budget provides a financial
plan for the government, establishing appropriations for each operating
department in order to extend services;
NOW, THEREFORE BE IT ORDAINED that this budget amendment,
“Exhibit A” attached hereto and by this reference made a part hereof this
ordinance shall be the City of Milton’s amended fiscal year 2012 budget; and
BE IT FURTHER ORDAINED that this budget be and is hereby approved
and the several items of revenues shown in the budget for each fund in the
amounts anticipated are adopted and that the several amounts shown in the
budget for each fund as proposed expenditures are hereby appropriated to the
departments named in each fund; and,
BE IT FURTHER ORDAINED that the expenditures shall not exceed the
appropriations authorized by this budget or amendments thereto provided; that
expenditures for the fiscal year shall not exceed actual funding available.
Page 2 of 2
ADOPTED AND APPROVED this 4th day of June, 2012.
CITY OF MILTON, GEORGIA
By: ________________________
Mayor Joe Lockwood
_________________________ ________________________
Councilmember Karen Thurman Councilmember Burt Hewitt
_________________________ ________________________
Councilmember Matt Kunz Councilmember Joe Longoria
_________________________ ________________________
Councilmember Bill Lusk Councilmember Lance Large
Attest:
_______________________________
Sudie AM Gordon, City Clerk
(SEAL)
City of Milton, Georgia
Fiscal Year 2012
Summary of Departmental Budget Amendments
The goal of the fiscal year 2012 budget amendment is to revise departmental budgets and interfund transfers based on
activity-to-date and future projections.
GENERAL FUND
The General Fund is the principal operating fund of the government and is used to facilitate current year operations.
General Fund revenues have unrestricted use. Expenditure requests are categorized into two categories: Salary/Benefits
and Maintenance/Operating. Salary / benefits line items include salaries, overtime, vacation pay, retirement and other
associated payroll expenditures. The maintenance/ operating category includes expenditures related to operational line
items such as, supplies, professional fees, training, dues/fees, travel, utilities, communications, machinery & equipment,
etc.
GENERAL FUND SUMMARY:
Revenue Appropriation Increase 557,108
Expenditure Appropriation Increase 973,985
Net Revenue/(Expenditure) Requests:(416,877)
Budgeted Fund Balance:
An adequate level of fund balance (i.e., the difference between the City’s assets and liabilities) is essential to mitigate
current and future risks and to ensure stable service levels. It also is a crucial consideration in long-term financial planning
for capital projects. At the end of fiscal year 2011, the City’s General Fund fund balance totaled approximately $9.6
million. During fiscal year 2012, opportunities arose to acquire several pieces of property to extend the current park
facilities. The total amount of the acquisitions will be roughly $1.4 million. This is funded by unanticipated increases in
revenues, the contingencies in the Capital Projects Fund and the General Fund, as well as a portion of the fund balance.
The General Fund fund balance will decrease by $416,877.
Revenue Amendments:
The change in original revenue estimates for the following revenue sources is driven by analysis of the activity-to-date. A
projection was completed using available data indicating the fiscal year 2012 revenue estimates could be adjusted by the
amounts indicated in the table on page 3. Some of the most significant changes are explained as follows:
1. Property Taxes were decreased by an overall total of $559,819 due to the tax collections for 2011 taxes being
higher than anticipated in FY 2011, thus decreasing the amount of prior year taxes to collect in FY 2012.
2. Insurance Premium Tax increased by $675,000 to account for higher-than-anticipated collections.
3. License and Permits were increased by $56,350 due to higher-than-anticipated building permit revenues.
4. Charges for Services increased by $88,550 due to the Court Admin Fees and Commissions from park and
recreation programming trending higher than anticipated.
5. Miscellaneous Revenue was increased by $41,206 to account for a transfer of prior year remaining balances of
the flexible spending account as well as insurance proceeds from damaged property. This is offset by an increase
to the appropriate expenditure accounts.
FY 2012 Budget Amendment #1
Page 1 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Budget
Adjustment
Requests
Adjusted
Budget
Balance
TAXES
Current Yr Property Taxes‐Real 7,300,000 ‐ 7,300,000 7,300,000
Current Yr Property Taxes‐Utility 50,600 59,227 (8,627) 8,627 59,227
Prior Yr Property Taxes‐Real 850,000 280,278 569,722 (529,000) 321,000
Current Yr Prop Taxes‐Personal 150,000 ‐ 150,000 150,000
Motor Vehicle Tax 495,000 282,875 212,125 55,000 550,000
Intangible Tax 160,000 112,552 47,448 20,000 180,000
Prior Yr Prop Taxes‐Personal 12,000 4,076 7,924 (7,900) 4,100
Real Estate Transfer Tax 37,000 17,725 19,275 37,000
Franchise Fees 1,700,000 953,377 746,623 1,700,000
Local Option Sales Tax 3,650,000 1,972,153 1,677,847 175,000 3,825,000
Alcohol Beverage Excise Tax 275,000 145,696 129,304 275,000
Business & Occupation Tax 550,000 530,222 19,778 (10,000) 540,000
Insurance Premium Tax 825,000 ‐ 825,000 675,000 1,500,000
Financial Institution Tax 26,000 32,795 (6,795) 6,795 32,795
Penalties & Interest‐Real Prop 60,000 24,174 35,826 (32,000) 28,000
Penalties & Interest‐Pers Prop 300 754 (454) 454 754
Penalties & Interest‐Business Lic 3,500 3,249 251 3,500
Penalties & Interest‐Other 700 3,851 (3,151) 3,151 3,851
Total: Taxes 16,145,100 4,423,003 11,722,097 365,127 16,510,227
LICENSES & PERMITS
Alcohol Beverage Licenses 140,000 134,350 5,650 140,000
Advertising Fee 1,000 800 200 1,000
Pouring Permit 6,000 3,870 2,130 6,000
Solicitation Permit 300 ‐ 300 300
Zoning & Land Use Permits 5,000 6,350 (1,350) 1,350 6,350
Revenues
Land Disturbance 5,000 9,943 (4,943) 5,000 10,000
Modification 2,000 1,250 750 2,000
Variance 8,000 4,100 3,900 8,000
Seasonal & Special Events 600 960 (360) 600
Sign Permits 3,500 1,175 2,325 3,500
Building Permits 175,000 159,728 15,272 50,000 225,000
NPDES Fees 300 275 25 300
Total: Licenses & Permits 346,700 322,800 23,900 56,350 403,050
CHARGES FOR SERVICES
Finance Admin Fee 66,000 52,803 13,197 (8,000) 58,000
Court Admin Fee 135,000 106,494 28,506 50,000 185,000
Maps & Cert Letters 300 120 180 300
Plan Review Fees 62,000 50,203 11,797 62,000
Open Records Fees 600 570 30 600
Online Payment Convenience Fee ‐ 3,455 (3,455) 7,000 7,000
Development Bond Fee 500 200 300 500
Election Qualifying Fee 2,640 2,640 ‐ 2,640
Accident Reports 5,000 3,006 1,994 5,000
Expungement Fees 1,000 1,220 (220) 1,000
Alarm Registration 5,000 3,950 1,050 5,000
False Alarms 15,000 3,900 11,100 15,000
Fire Plan Review 700 450 250 700
Fire Inspection 600 1,600 (1,000) 600
CPR Classes ‐ 50 (50) 50 50
Background Check Fees 10,000 8,985 1,015 10,000
Activity Fees/Camp Bethwell 17,500 ‐ 17,500 (17,500) ‐
FY 2012 Budget Amendment #1
Page 2 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Budget
Adjustment
Requests
Adjusted
Budget
Balance
Revenues
Activitiy Fees/Joyful Soles 11,500 4,513 6,988 11,500
Facility Rental 3,000 1,005 1,995 3,000
Activity Commissions 7,000 22,904 (15,904) 57,000 64,000
Bad Check Fees 300 150 150 300
Total: Charges for Services 343,640 268,218 75,422 88,550 432,190
FINES & FORFEITURES
Fines & Forfeitures 450,000 271,127 178,873 450,000
Ordinance Fines 1,000 ‐ 1,000 1,000
Total: Fines & Forfeitures 451,000 271,127 179,873 ‐ 451,000
INVESTMENT INCOME
Interest Revenue 5,000 3,603 1,397 5,000
Realized Gain/Loss on Investmt 10,000 7,557 2,443 10,000
Total: Investment Income 15,000 11,160 3,840 ‐ 15,000
CONTRIBUTIONS & DONATIONS
Donation Revenue‐Public Safety Fd ‐ 5,875 (5,875) 5,875 5,875
Total: Contributions & Donations ‐ 5,875 (5,875) 5,875 5,875
MISCELLANEOUS REVENUE
Cell Tower Lease 17,940 8,970 8,970 17,940
Insurance Proceeds‐Pub Sfty ‐ 19,654 (19,654) 19,654 19,654
Insurance Proceeds‐PW ‐ 10,552 (10,552) 10,552 10,552
Other Misc Revenue 37,000 (8) 37,008 11,000 48,000
Over/Short Cash Drawer ‐ 1 (1) ‐
Total: Miscellaneous Revenue 54,940 39,168 15,772 41,206 96,146
OTHER FINANCING SOURCES
Operating Transfers In‐Htl/Mtl Fd 10,000 ‐ 10,000 10,000
Sale of Surplus Equipment 24,000 ‐ 24,000 24,000
Total: Other Financing Sources 34,000 ‐ 34,000 ‐ 34,000
TOTAL $ 17,390,380 $ 5,341,352 $ 12,049,028 $ 557,108 $ 17,947,488
FY 2012 Budget Amendment #1
Page 3 of 41
Expenditure Amendments:
The recommended expenditure amendments are presented on the following pages by department.
Approved
Budget
FY 2012
Requested
Budget
Amendment
FY 2012
Amended
Budget
FY 2012
Revenues
Taxes 16,145,100 365,127 16,510,227
Licenses & Permits 346,700 56,350 403,050
Charges for Services 343,640 88,550 432,190
Fines & Forfeitures 451,000 - 451,000
Investment Income 15,000 - 15,000
Contributions & Donations - 5,875 5,875
Miscellaneous Revenue 54,940 41,206 96,146
Other Financing Sources 34,000 - 34,000
Total Revenues 17,390,380 557,108 17,947,488
Expenditures
Mayor & Council 169,170 23,881 193,051
City Manager 294,937 - 294,937
City Clerk 298,850 (71,444) 227,406
General Administration 34,110 5,000 39,110
Finance 495,873 - 495,873
Legal 220,000 40,000 260,000
Information Technology 535,557 2,562 538,119
Human Resources 251,523 6,000 257,523
Risk Management 191,500 - 191,500
General Govt Buildings 564,989 (39,550) 525,439
Public Info & Marketing 90,910 - 90,910
Municipal Court 231,274 6,180 237,454
Public Safety:
Administration - - -
Police 2,912,020 (31,809) 2,880,211
Fire 4,381,219 (94,776) 4,286,443
EMS Operations 140,988 - 140,988
Public Works 1,540,706 33,410 1,574,116
Parks & Recreation 356,292 27,743 384,035
Community Development 798,035 22,594 820,629
Debt Service 857,231 (49,920) 807,311
Other Financing Uses 4,180,048 1,238,133 5,418,181
Contingency 144,019 (144,019) -
Total Expenditures 18,689,251 973,985 19,663,236
Total Revenues Over/(Under)
Expenditures (1,298,871) (416,877) (1,715,748)
Beginning Fund Balance 9,635,945 8,337,074
Ending Fund Balance 8,337,074 7,920,197
General Fund Summary
FY 2012 Budget Amendment #1
Page 4 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Salaries & Wages
SALARIES & WAGES/REGULAR EMPLOYEES 101,000 56,327 44,673 101,000
STIPEND / THURMAN 2,000 325 1,675 2,000
STIPEND / ZAHNER BAILEY 2,000 256 1,744 2,000
STIPEND / LUSK 2,000 ‐ 2,000 2,000
STIPEND / HEWITT 2,000 ‐ 2,000 2,000
STIPEND / LONGORIA 2,000 266 1,734 2,000
STIPEND / TART 2,000 257 1,743 2,000
STIPEND / LOCKWOOD 3,000 512 2,488 3,000
Total: Salaries & Wages 116,000 57,944 58,056 ‐ 116,000
Employee Benefits
EMPLOYEE BENEFITS / 401A (SS MATCH)3,791 2,112 1,679 3,791
EMPLOYEE BENEFITS / FICA MEDICARE 1,468 817 651 1,468
UNEMPLOYMENT INSURANCE 1,610 151 1,459 1,610
WORKER'S COMPENSATION 148 148 0 148
Total: Employee Benefits 7,017 3,228 3,789 ‐ 7,017
Purchased Professional and Technical Services
PROFESSIONAL FEES ‐ ‐ ‐ 25,000 25,000
FACILITATOR/CONFERENCE 6,800 6,800 ‐ 6,800
Total: Purchased Professional and Technical Services 6,800 6,800 ‐ 25,000 31,800
Other Purchased Services
ADVERTISING: Milton High School Booster Ad 500 400 100 500
PRINTING: Business Cards, Name Badges 350 307 43 350
TRAVEL
GENERAL 1 000 443 557 1 000
Mayor & Council
GENERAL 1,000 443 557 1,000
ANNUAL GMA CONFERENCE 7,000 ‐ 7,000 7,000
RETREAT 1,373 254 1,119 (1,119) 254
Total Travel 9,373 697 8,676 (1,119) 8,254
DUES AND FEES
GREATER NORTH FULTON CHAMBER 5,000 5,000 ‐ 5,000
NORTH FULTON BUSINESS EXPO 1,500 ‐ 1,500 1,500
GEORGIA MUNICIPAL ASSOCIATION ANNUAL FEES 9,400 7,014 2,386 9,400
Total Dues and Fees 15,900 12,014 3,886 ‐ 15,900
EDUCATION & TRAINING
ANNUAL GMA CONFERENCE COSTS 4,210 4,210 ‐ 4,210
MAYOR'S DAY 4,520 4,520 0 4,520
ELECTED OFFICIALS TRAINING 1,000 650 350 1,000
Total Education & Training 9,730 9,380 350 ‐ 9,730
Total: Other Purchased Services 35,853 22,798 13,055 (1,119) 34,734
Supplies
SUPPLIES / GENERAL SUPPLIES 1,000 107 893 1,000
SUPPLIES / FOOD/MEALS: Citizen Meetings 1,000 515 485 1,000
PROMOTIONAL / PROMOTIONAL ITEMS 1,000 ‐ 1,000 1,000
Total: Supplies 3,000 622 2,378 ‐ 3,000
Other Costs
PAYMENT TO OTHERS / NON‐RECURRING 500 270 230 500
Total: Other Costs 500 270 230 ‐ 500
Total: Mayor & Council 169,170 91,661 77,509 23,881 193,051
FY 2012 Budget Amendment #1
Page 5 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Mayor & Council
BUDGET AMENDMENT NOTES
Account Name
INCREASE
1. Professional Fees 25,000
Total Increase 25,000$
DECREASE
1. Travel/Retreat (1,119)
Total Decrease (1,119)$
23,881$
Decreased to reflect actual costs
TOTAL MAYOR & COUNCIL BUDGET
AMENDMENTS
Amendment Reason
Increased to cover cost of Progress Partners
FY 2012 Budget Amendment #1
Page 6 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Salaries & Wages
SALARIES & WAGES/REGULAR EMPLOYEES 133,145 73,792 59,353 133,145
Total: Salaries & Wages 133,145 73,792 59,353 ‐ 133,145
Employee Benefits
EMPLOYEE BENEFITS / GROUP INSURANCE 19,637 6,486 13,151 19,637
EMPLOYEE BENEFITS / 401A (SS MATCH) 5,368 2,767 2,601 5,368
EMPLOYEE BENEFITS / FICA MEDICARE 2,075 1,047 1,028 2,075
401A 1% MATCH 1,431 150 1,281 1,431
PENSION (GMEBS)7,242 4,240 3,002 7,242
UNEMPLOYMENT INSURANCE 673 91 582 673
WORKER'S COMPENSATION 875 875 0 875
FLEXIBLE SPENDING 2,400 2,400 ‐ 2,400
Total: Employee Benefits 39,701 18,056 21,645 ‐ 39,701
Purchased Professional and Technical Services
PROFESSIONAL FEES: Election Costs 71,789 345 71,444 (71,444) 345
Total: Purchased Professional and Technical Services 71,789 345 71,444 (71,444) 345
Other Purchased Services
COMMUNICATIONS 715 355 360 715
ADVERTISING 900 708 193 900
PRINTING: Name plates, business cards, general 700 387 313 700
TRAVEL
CVIOG 720 279 441 720
GRA ANNUAL CONFERENCE 450 ‐ 450 450
Total: Travel 1,170 279 891 ‐ 1,170
DUES AND FEES
City Clerk
DUES AND FEES
GMC/FOA 60 ‐ 60 60
GEORGIA RECORDS ASSOCIATION 20 20 ‐ 20
Total: Dues and Fees 80 20 60 ‐ 80
EDUCATION & TRAINING
CVIOG 800 360 440 800
MISC 250 250 ‐ 250
Total: Education & Training 1,050 610 440 ‐ 1,050
CONTRACT LABOR 10,000 5,734 4,266 10,000
MAINTENANCE CONTRACTS
MUNICODE 14,000 5,038 8,962 14,000
GRANICUS 24,600 16,389 8,211 24,600
Total: Maintenance Contracts 38,600 21,426 17,174 ‐ 38,600
Total: Other Purchased Services 53,215 29,519 23,696 ‐ 53,215
Supplies
SUPPLIES / GENERAL SUPPLIES 1,000 14 986 1,000
Total: Supplies 1,000 14 986 ‐ 1,000
Total: City Clerk 298,850 121,726 177,124 (71,444) 227,406
FY 2012 Budget Amendment #1
Page 7 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
City Clerk
BUDGET AMENDMENT NOTES
Account Name
DECREASE
1. Professional Fees (71,444)
Total Decrease (71,444)$
(71,444)$
Decreased to reflect actual cost of election
TOTAL CITY CLERK BUDGET AMENDMENTS
Amendment Reason
FY 2012 Budget Amendment #1
Page 8 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Purchased Professional and Technical Services
PROFESSIONAL FEES
EXTINGUISHERS 711 711 (0) 711
Total: Professional Fees 711 711 (0) ‐ 711
Total: Purchased Professional and Technical Services 711 711 (0) ‐ 711
Purchased‐Property Services
VEHICLE REPAIRS & MAINTENANCE 389 ‐ 389 389
Total: Purchased‐Property Services 389 ‐ 389 ‐ 389
Other Purchased Services
COMMUNICATIONS / POSTAGE 6,500 3,298 3,202 6,500
DUES AND FEES: Costco Membership 50 ‐ 50 50
MAINTENANCE CONTRACTS
SHREDDING 1,000 568 432 1,000
POSTAGE MACHINE & FOLDER/INSERTER 2,460 ‐ 2,460 2,460
Total: Maintenance Contracts 3,460 568 2,892 ‐ 3,460
Total: Other Purchased Services 10,010 3,866 6,144 ‐ 10,010
Supplies
GENERAL SUPPLIES
OFFICE SUPPLIES 11,259 6,818 4,441 11,259
TONER 10,000 9,725 275 5,000 15,000
Total: General Supplies 21,259 16,543 4,716 5,000 26,259
SUPPLIES / GASOLINE/DIESEL 1,000 578 422 1,000
Total: Supplies 22,259 17,121 5,138 5,000 27,259
Machinery & Equipment
FURNITURE &FIXTURES 741 741 0 741
General Administration
FURNITURE & FIXTURES 741 741 0 741
Total: Machinery & Equipment 741 741 0 ‐ 741
Total: General Administration 34,110 22,439 11,671 5,000 39,110
BUDGET AMENDMENT NOTES
Account Name
INCREASE
1. General Supplies/Toner 5,000
Total Increase 5,000$
5,000$
TOTAL GENERAL ADMINISTRATION BUDGET
AMENDMENTS
Amendment Reason
Increased to cover anticipated costs
FY 2012 Budget Amendment #1
Page 9 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Purchased Professional and Technical Services
PROFESSIONAL FEES / LEGAL FEES 220,000 106,816 113,184 40,000 260,000
Total: Purchased Professional and Technical Services 220,000 106,816 113,184 40,000 260,000
Total: Legal 220,000 106,816 113,184 40,000 260,000
BUDGET AMENDMENT NOTES
Account Name
INCREASE
1. Legal Fees 40,000
Total Increase 40,000$
40,000$ TOTAL LEGAL BUDGET AMENDMENTS
Legal
Amendment Reason
Increased to cover higher‐than‐anticipated legal
costs
FY 2012 Budget Amendment #1
Page 10 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Employee Benefits
WORKER'S COMPENSATION 286 286 0 286
Total: Employee Benefits 286 286 0 ‐ 286
Other Purchased Services
COMMUNICATIONS
CELL PHONE 670 426 244 670
FIRE DEPT POTS LINES 12,214 6,514 5,700 12,214
ATT ‐ CITY HALL POTS LINES/BANDWITH 86,520 57,251 29,269 86,520
ATT ‐ PUBLIC SAFETY BANDWITH 17,520 3,172 14,348 17,520
Total: Communications 116,924 67,364 49,560 ‐ 116,924
MAINTENANCE CONTRACTS
OPTIVIEW 20,350 12,100 8,250 20,350
GODADDY .COM 100 ‐ 100 100
EXPERTS‐EXCHANGE 160 78 82 160
ENERGOV 26,544 13,272 13,272 26,544
ARC GIS 7,700 7,700 ‐ 7,700
SHORETEL 5,900 2,462 3,438 5,900
INCODE 18,210 18,210 (0) 18,210
ALEN SIMS 1,440 1,080 360 1,440
OFFSITE BACKUP 12,000 6,100 5,900 12,000
FIREHOUSE 9,285 9,285 ‐ 9,285
NETMOTION 7,100 3,319 3,781 7,100
GUARDIAN TRACKING 680 680 ‐ 680
OSSI 32,300 28,966 3,334 32,300
DIGICERT 367 367 ‐ 367
Information Technology
SYMANTEC ANTI‐VIRUS 2,800 2,800 ‐ 2,800
IT IGA JOHNS CREEK 223,000 130,358 92,642 223,000
BARRACUDA MESSAGE MAINT.‐ 2,561 (2,561) 2,562 2,562
L‐3 COMMUNICATIONS 2,164 ‐ 2,164 2,164
EMS TRAINING AIDS 2,812 2,813 (1) 2,812
Total: Maintenance Contracts 372,912 242,151 130,761 2,562 375,474
Total: Other Purchased Services 489,836 309,515 180,321 2,562 492,398
Supplies
SUPPLIES / GENERAL SUPPLIES 500 ‐ 500 500
PRINTER MAINTENANCE KITS 1,500 901 599 1,500
PLOTTER INK 700 239 461 700
PLOTTER PAPER 600 534 66 600
Total: General Supplies 3,300 1,674 1,626 ‐ 3,300
Total: Supplies 3,300 1,674 1,626 ‐ 3,300
Machinery & Equipment
COMPUTER / SOFTWARE 4,105 2,083 2,022 4,105
COMPUTER / HARDWARE 28,573 10,117 18,456 28,573
OTHER EQUIPMENT
COMPUTER EQUIP&SUPPLIES 6,000 1,605 4,395 6,000
DESKTOP PRINTERS 1,122 1,122 0 1,122
CITY PHONE SYSTEM 1,000 ‐ 1,000 1,000
SCANNERS 1,335 1,335 ‐ 1,335
Total: Other Equipment 9,457 4,062 5,395 ‐ 9,457
Total: Machinery & Equipment 42,135 16,261 25,874 ‐ 42,135
FY 2012 Budget Amendment #1
Page 11 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Information Technology
Total: Information Technology 535,557 327,736 207,821 2,562 538,119
BUDGET AMENDMENT NOTES
Account Name
INCREASE
1. Barracuda Message Maintenance 2,562
Total Increase 2,562$
2,562$
TOTAL INFORMATION TECHNOLOGY BUDGET
AMENDMENTS
Amendment Reason
To cover the cost of SPAM filtering and message
archiving
FY 2012 Budget Amendment #1
Page 12 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Salaries & Wages
SALARIES & WAGES/REGULAR EMPLOYEES 151,290 84,302 66,988 151,290
Total: Salaries & Wages 151,290 84,302 66,988 ‐ 151,290
Employee Benefits
EMPLOYEE BENEFITS / GROUP INSURANCE 20,285 12,674 7,611 20,285
EMPLOYEE BENEFITS / 401A (SS MATCH)5,674 3,161 2,513 5,674
EMPLOYEE BENEFITS / FICA MEDICARE 2,194 1,167 1,027 2,194
PENSION (GMEBS)7,656 4,481 3,175 7,656
TUITION REIMBURSEMENT 3,000 3,000 ‐ 3,000
UNEMPLOYMENT INSURANCE 460 67 393 460
WORKER'S COMPENSATION 821 410 411 821
Total: Employee Benefits 40,090 24,961 15,129 ‐ 40,090
Purchased Professional and Technical Services
ADMINISTRATIVE FEES
FLEXIBLE SPENDING ADMIN.3,200 2,715 486 3,200
ICMA RC FEES 3,000 1,500 1,500 3,000
PAYROLL FEES 25,100 11,262 13,838 25,100
ADP FOR HRIS 7,358 7,358 0 7,358
Total: Administrative Fees 38,658 22,835 15,823 ‐ 38,658
PROFESSIONAL FEES
RANDOM DRUG SCREEN 1,200 388 812 1,200
PRE‐EMPLOYMENT DRUG SCREEN 245 75 170 245
POLICE POST‐OFFER PHYSICALS 1,600 735 865 1,600
FIRE POST‐OFFER PHYSICALS 2,065 1,200 865 2,065
OTHER 100 88 12 1 000 1 100
Human Resources
OTHER 100 88 12 1,000 1,100
Total: Professional Fees 5,210 2,486 2,724 1,000 6,210
CONTRACTED ‐ ‐ ‐ ‐
Total: Purchased Professional and Technical Services 43,868 25,321 18,547 1,000 44,868
Other Purchased Services
COMMUNICATIONS 720 423 297 720
COMMUNICATIONS/POSTAGE 30 13 17 30
ADVERTISING 5,000 880 4,120 5,000
TRAVEL: GLGPA Conferences 390 ‐ 390 390
DUES AND FEES
SHRM 320 180 140 320
IPMA 360 145 215 360
GLGPA 100 100 ‐ 100
WORLD AT WORK 350 245 105 350
Total: Dues & Fees 1,130 670 460 ‐ 1,130
EDUCATION & TRAINING
GLGPA CONFERENCE 700 ‐ 700 700
EMPLOYEE TRAINING 5,000 2,483 2,517 5,000 10,000
Total: Education & Training 5,700 2,483 3,217 5,000 10,700
Total: Other Purchased Services 12,970 4,470 8,500 5,000 17,970
Supplies
SUPPLIES / GENERAL SUPPLIES 1,000 410 590 1,000
5 YEAR PINS 942 942 0 942
SUPPLIES / FOOD/MEALS 948 202 746 948
Total: Supplies 2,890 1,554 1,336 ‐ 2,890
FY 2012 Budget Amendment #1
Page 13 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Human Resources
Machinery & Equipment
FURNITURE & FIXTURES 315 ‐ 315 315
OTHER EQUIP/CELL PHONE REPLACEMENT 100 52 48 100
Total: Machinery & Equipment 415 52 363 ‐ 415
Total: Human Resources 251,523 140,659 110,864 6,000 257,523
BUDGET AMENDMENT NOTES
Account Name
INCREASE
1. Professional fees/Other 1,000
2. Employee Training 5,000
Total Increase 6,000$
6,000$
Wellness program that is covered by the
unused portion of employee contributions to
the flexible spending program
TOTAL HUMAN RESOURCES BUDGET
AMENDMENTS
Amendment Reason
To cover the cost of employee assistance
program
FY 2012 Budget Amendment #1
Page 14 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Purchased Professional and Technical Services
PROFESSIONAL FEES 8,600 8,600 ‐ 8,600
CONTRACTED/MOWING AT FACILITIES 34,550 ‐ 34,550 (34,550) ‐
FACILITIES REPAIRS & MAINTENANCE 15,000 11,974 3,026 15,000
GROUNDS REPAIRS & MAINTENANCE 2,500 1,480 1,020 2,500
Total: Purchased Professional and Technical Services 60,650 22,054 38,596 (34,550) 26,100
Purchased‐Property Services
RENTAL LAND & BUILDINGS 474,439 315,513 158,926 474,439
Total: Purchased‐Property Services 474,439 315,513 158,926 ‐ 474,439
Other Purchased Services
OTHER PURCHASED SERVICES 22,780 11,956 10,824 22,780
Total: Other Purchased Services 22,780 11,956 10,824 ‐ 22,780
Supplies
SUPPLIES/ELECTRICITY 5,000 ‐ 5,000 (5,000)‐
Total: Other Purchased Services 5,000 ‐ 5,000 (5,000) ‐
Other Costs
INTERGOVERNMENTAL 2,120 2,119 1 2,120
Total: Other Costs 2,120 2,119 1 ‐ 2,120
Total: General Government Buildings 564,989 351,642 213,347 (39,550) 525,439
BUDGET AMENDMENT NOTES
Account Name
General Government Buildings
Amendment Reason
DECREASE
1. Contracted/Mowing at Facilities (26,325)
2. Contracted/Mowing at Facilities (8,225)
3. Supplies/Electricity (5,000)
Total Decrease (39,550)$
(39,550)$
Move right‐of‐way mowing to Public Works
Move park land mowing to Parks & Recreation
TOTAL GENERAL GOVERNMENT BUILDINGS
BUDGET AMENDMENTS
Move Hopewell House electricity costs to Parks
& Recreation
FY 2012 Budget Amendment #1
Page 15 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Salaries & Wages
SALARIES & WAGES/REGULAR EMPLOYEES 166,829 88,605 78,224 166,829
OVERTIME 5,000 3,311 1,689 5,000
STIPEND 4,800 2,400 2,400 4,800
Total: Salaries & Wages 176,629 94,316 82,313 ‐ 176,629
Employee Benefits
EMPLOYEE BENEFITS / GROUP INSURANCE 14,723 12,974 1,749 5,300 20,023
EMPLOYEE BENEFITS / 401A (SS MATCH)6,623 3,319 3,304 6,623
EMPLOYEE BENEFITS / FICA MEDICARE 2,263 1,241 1,022 2,263
401A 1% MATCH 977 426 551 977
PENSION (GMEBS)4,344 2,896 1,448 4,344
UNEMPLOYMENT INSURANCE 1,707 158 1,549 1,707
WORKER'S COMPENSATION 2,893 3,773 (880) 880 3,773
Total: Employee Benefits 33,530 24,786 8,744 6,180 39,710
Purchased Professional and Technical Services
PROFESSIONAL FEES
TRANSLATORS 6,500 3,344 3,156 6,500
COURT APPOINTED ATTORNEY 6,000 1,085 4,915 6,000
SUBSTITUTE JUDGES 717 ‐ 717 717
SUBSTITUTE SOLICITORS 1,000 ‐ 1,000 1,000
Total: Professional Fees 14,217 4,429 9,788 ‐ 14,217
Total: Purchased Professional and Technical Services 14,217 4,429 9,788 ‐ 14,217
Other Purchased Services
COMMUNICATIONS 1,920 511 1,409 1,920
PRINTING 500 62 438 500
TRAVEL
Municipal Court
TRAVEL
GCCA Conference (2) 900 527 373 900
Municipal Court Clerk Annual Training 178 178 0 178
GCIC TAC Conference 700 ‐ 700
Total: Travel 1,778 705 373 ‐ 1,778
DUES AND FEES
GCCA 75 ‐ 75 75
Municipal Court Clerk 35 ‐ 35 35
Total: Dues and Fees 110 ‐ 110 ‐ 110
EDUCATION & TRAINING ‐
GCCA CONFERENCE 400 400 ‐ 400
COURT CLERK ASSOC 150 150 ‐ 150
JUDGES TRAINING 450 450 ‐ 450
MSU CERTIFICATE 220 146 74 220
GCIC TAC Conference 105 ‐ 105 105
Total: Education & Training 1,325 1,146 179 ‐ 1,325
MAINTENANCE CONTRACTS
MAINT CONTRACTS/ONLINE PYMT SYSTEM 240 120 120 240
MAINT CONTRACTS/PANIC BUTTON 400 198 202 400
Total: Maintenance Contracts 640 318 322 ‐ 640
Total: Other Purchased Services 6,273 2,742 2,831 ‐ 6,273
Supplies
SUPPLIES / GENERAL SUPPLIES 250 280 (30) 250
SUPPLIES / BOOKS AND PERIODICALS 75 ‐ 75 75
Total: Supplies 325 280 45 ‐ 325
Total: Municipal Court 230,974 126,553 103,721 6,180 237,154
FY 2012 Budget Amendment #1
Page 16 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Municipal Court
BUDGET AMENDMENT NOTES
Account Name
INCREASE
1. Group Insurance 5,300
2. Worker's Compensation 880
Total Increase 6,180$
6,180$
To cover cost of worker's compensation
TOTAL MUNICIPAL COURT BUDGET
AMENDMENTS
Amendment Reason
To cover cost of employee health care
FY 2012 Budget Amendment #1
Page 17 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Salaries & Wages
SALARIES & WAGES/REGULAR EMPLOYEES 1,684,698 895,548 789,150 (100,000) 1,584,698
SALARIES AND WAGES / OVERTIME 41,331 29,542 11,789 41,331
SALARIES AND WAGES / RESTRICTED ON‐CALL PAY ‐ ‐ ‐ 2,700 2,700
SALARIES AND WAGES / HOLIDAY PAY 66,340 53,160 13,180 66,340
Total: Salaries & Wages 1,792,369 978,250 814,119 (97,300) 1,695,069
Employee Benefits
EMPLOYEE BENEFITS / GROUP INSURANCE 256,458 154,526 101,932 256,458
EMPLOYEE BENEFITS / 401A (SS MATCH)61,954 34,581 27,373 61,954
EMPLOYEE BENEFITS / FICA MEDICARE 23,955 12,786 11,169 23,955
401A 1% MATCH 16,313 5,183 11,130 16,313
PENSION (GMEBS)82,512 48,319 34,193 82,512
TUITION REIMBURSEMENT 3,000 ‐ 3,000 3,000
UNEMPLOYMENT INSURANCE 8,280 1,228 7,052 8,280
WORKER'S COMPENSATION 59,558 59,558 0 59,558
FLEXIBLE SPENDING 5,800 5,800 ‐ 5,800
Total: Employee Benefits 517,830 321,979 195,851 ‐ 517,830
Purchased Professional and Technical Services
PROFESSIONAL FEES 1,500 79 1,421 1,500
LASER & RADAR RECERTIFICATION 1,100 350 750 1,100
K‐9 2,250 1,071 1,179 2,250
NEW EMPLOYEES 750 ‐ 750 750
GRAPHICS FOR PATROL CARS 1,400 365 1,035 1,400
INMATE MEDICAL SERVICES 20,000 17,799 2,201 20,000 40,000
TAG &TITLE APPLICATIONS 600 401 199 600
Police
TAG & TITLE APPLICATIONS 600 401 199 600
RECRUITMENT TESTING‐POLYGRAPH 1,400 950 450 1,400
RECRUITMENT TESTING ‐ PYSCH 4,000 2,800 1,200 4,000
WRITTEN ENTRY LEVEL TEST 900 475 425 900
PROMOTION EXAMINATIONS 537 537 0 537
EMPLOYMENT BACKGROUND CHECKS 1,363 802 561 1,363
IACP NET YEARLY FEES 800 800 ‐ 800
HEALTH & WELLNESS PROGRAM 8,160 8,160 ‐ 8,160
Total: Professional Fees 44,760 34,590 10,170 20,000 64,760
PROFESSIONAL FEES / INVESTIGATIONS
OTHER INVESTIGATIVE FEES 1,500 205 1,295 1,500
Total: Professional Fees/Investigations 1,500 205 1,295 ‐ 1,500
EQUIPMENT REPAIR & MAINT 700 ‐ 700 700
EQUIPMENT R&M/MOTOROLA RADIOS 1,000 123 877 1,000
Total: Equipment Repair & Maintenance 1,700 123 1,577 ‐ 1,700
VEHICLE REPAIR & MAINT 100,000 58,696 41,304 100,000
RENTAL LAND & BUILDINGS: Range fees 6,680 5,040 1,640 6,680
Total: Purchased Professional and Technical Services 154,640 98,653 55,987 20,000 174,640
Other Purchased Services
COMMUNICATIONS 39,543 15,915 23,628 39,543
POSTAGE 300 63 237 300
PRINTING
CITATIONS, FORMS & DOCUMENTS 2,500 1,187 1,313 2,500
BUSINESS CARDS 1,400 872 528 1,400
Total: Printing 3,900 2,059 1,841 ‐ 3,900
FY 2012 Budget Amendment #1
Page 18 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Police
TRAVEL 733 733 (0) 733
CRUISE CARDS 300 125 175 300
IACP CONFERENCE 1,175 100 1,075 1,175
CALEA CONFERENCE 1,500 864 636 1,500
UPD 1,000 263 737 1,000
K‐9 300 ‐ 300 300
SWAT 1,200 ‐ 1,200 1,200
RECORDS CLERK CONFERENCE 650 ‐ 650 650
GACP CONFERENCE 500 ‐ 500 500
GPSTC 700 345 355 700
Total: Travel 8,058 2,430 5,628 ‐ 8,058
DUES AND FEES 500 405 95 500
GEORGIA POLICE ACCREDITATION COALITION 75 75 ‐ 75
GEORGIA ASSN OF CHIEFS OF POLICE 945 620 325 (325) 620
INTERNATIONAL ASSN OF CHIEFS OF POLICE 360 240 120 360
POST FEES 250 30 220 250
ACCREDITATION FEES 3,065 ‐ 3,065 3,065
IALEFI 60 55 5 60
Total: Dues and Fees 5,255 1,425 3,830 (325) 4,930
EDUCATION & TRAINING 805 805 ‐ 805
PROFESSIONAL DEVELOPMENT UPD 750 390 360 750
GACP CONFERENCE 350 ‐ 350 350
RECORDS CLERK CONFERENCE 500 500 ‐ 500
CRIMINAL INVESTIGATIONS 500 250 250 500
CANINE TRAINING 200 200 200CANINE TRAINING 200 ‐ 200 200
NCGLEA 5,960 3,200 2,760 (2,760) 3,200
IACP CONFERENCE 350 ‐ 350 350
SWAT 800 ‐ 800 800
PROFESSIONAL MANAGEMENT PROGRAM 2,500 948 1,552 2,500
CALEA CONFERENCE 675 675 ‐ 675
Total: Education & Training 13,390 6,768 6,622 (2,760) 10,630
MAINTENANCE CONTRACTS
INMATE SERVICES 5,000 ‐ 5,000 5,000
PROPERTY & EVIDENCE IGA 65,200 38,277 26,923 65,200
800 MHZ FEES TO FULTON CTY 13,537 10,819 2,718 (2,718) 10,819
INNOVATIVE DATA SOLUTIONS 4,200 2,860 1,340 4,200
ANIMAL CONTROL ‐ FULTON CO 22,000 10,158 11,842 22,000
CHOICEPOINT/CLEAR 3,300 1,628 1,672 3,300
CRIME REPORTS 4,700 3,576 1,124 4,700
CELLEBRITE SYS 3,000 2,999 1 3,000
Total: Maintenance Contracts 120,937 70,317 50,620 (2,718) 118,219
Total: Other Purchased Services 191,383 98,976 92,407 (5,803) 185,580
Supplies
SUPPLIES / GENERAL SUPPLIES 12,222 8,423 3,799 12,222
AMMUNITION 5,000 3,157 1,843 5,000
K‐9 317 189 128 317
NEW EMPLOYEES 2,283 2,283 0 2,283
RANGE SUPPLIES 500 1,698 (1,198) 2,375 2,875
FIRST AID KITS 400 ‐ 400 400
FY 2012 Budget Amendment #1
Page 19 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Police
ALCO SENSOR MOUTH PIECES 200 ‐ 200 200
ID CARDS AND SETUP FEE 400 92 308 400
Total: General Supplies 21,322 15,842 5,480 2,375 23,697
SUPPLIES / GASOLINE/DIESEL 142,000 83,262 58,738 142,000
SUPPLIES / FOOD/MEALS 200 ‐ 200 200
BOOK & PERIODICALS/EDUCATION & REFERENCE 200 54 146 200
SUPPLIES / UNIFORMS 35,912 32,193 3,719 35,912
AWARDS AND RECOGNITION 1,700 720 980 1,700
Total: Supplies/Uniforms 37,612 32,913 4,699 ‐ 37,612
Total: Supplies 201,334 132,071 69,263 2,375 203,709
Machinery & Equipment
FURNITURE & FIXTURES 1,000 494 506 1,000
OTHER EQUIPMENT 4,500 4,135 365 4,500
CRIME PREVENTION MATERIALS 3,000 1,771 1,229 3,000
ICOP STORAGE 2,350 80 2,270 2,350
TRAINING AIDS 100 ‐ 100 100
FIRE EXTINGUISHERS 100 ‐ 100 100
CELL PHONES 500 128 372 500
WEAPONRY 3,000 ‐ 3,000 3,000
CAMERAS 21,880 68,639 (46,759) 48,919 70,799
MOTOROLA RADIOS 14,884 14,884 (0) 14,884
Total: Other Equipment 50,314 89,637 (39,323) 48,919 99,233
OTHER EQUIPMENT/INVESTIGATIONS
CRIME SCENE KITS‐UPD 1,500 ‐ 1,500 1,500
CRIME SCENE EQUIP CID 1 000 359 641 1 000CRIME SCENE EQUIP ‐CID 1,000 359 641 1,000
LANGUAGE LINE 150 ‐ 150 150
TRAFFIC ACC. INVEST.500 ‐ 500 500
Total: Other Equipment/Investigations 3,150 359 2,791 ‐ 3,150
Total: Machinery & Equipment 54,464 90,490 (36,026) 48,919 103,383
Total: Police 2,912,020 1,720,421 1,191,599 (31,809) 2,880,211
FY 2012 Budget Amendment #1
Page 20 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Police
BUDGET AMENDMENT NOTES
Account Name
INCREASE
1. Inmate Medical Services 20,000
2. Range Supplies 2,375
3. Cameras 48,919
4. Salaries & Wages/Restricted On‐Call Pay 2,700
Total Increase 73,994$
Increased to purchase replacement cameras
due to the old system no longer being
supported by software company
Amendment Reason
Increase is offset by donation from Public Safety
Fund
These fees are difficult to project each year and
are coming in higher than they have in previous
years. An additional amount is requested to
cover possible costs for the remainder of the
fiscal year.
Restricted on‐call pay is allowed under the
personnel policies and has not been
implemented before now. It gives one hour of
pay to those employees that are on restricted
on‐call status during their personal time.
Approving this will impact future operating
budgets.
DECREASE
1. Salaries & Wages/Regular Employees (100,000)
1. Dues & Fees/GA Assoc of Chiefs of Police (325)
2. Education & Training/NCGLEA (2,760)
3. Maintenance Contracts/800 MHZ Fees to Fulton Co (2,718)
Total Decrease (105,803)$
(31,809)$
Decreased to reflect actual costs
Decreased to reflect actual costs
TOTAL POLICE BUDGET AMENDMENTS
Decreased to reflect actual costs
Reduced due to vacancies
FY 2012 Budget Amendment #1
Page 21 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Salaries & Wages
SALARIES & WAGES/REGULAR EMPLOYEES 2,637,133 1,504,881 1,132,252 2,637,133
SALARIES AND WAGES / OVERTIME 48,000 27,174 20,826 48,000
SALARIES AND WAGES / HOLIDAY PAY 107,510 64,466 43,044 107,510
Total: Salaries & Wages 2,792,643 1,596,521 1,196,122 ‐ 2,792,643
Employee Benefits
EMPLOYEE BENEFITS / GROUP INSURANCE 379,767 263,551 116,216 379,767
EMPLOYEE BENEFITS / 401A (SS MATCH)98,892 59,886 39,006 98,892
EMPLOYEE BENEFITS / FICA MEDICARE 39,955 21,968 17,987 39,955
401A 1% MATCH 27,557 12,385 15,172 27,557
PENSION (GMEBS)133,439 81,629 51,810 133,439
TUITION REIMBURSEMENT 6,000 2,714 3,286 6,000
UNEMPLOYMENT INSURANCE 12,651 1,509 11,142 12,651
WORKER'S COMPENSATION 164,239 69,463 94,776 (94,776) 69,463
FLEXIBLE SPENDING 24,000 24,000 ‐ 24,000
Total: Employee Benefits 886,500 537,105 349,395 (94,776) 791,724
Purchased Professional and Technical Services
PROFESSIONAL FEES
HEALTH & WELLNESS PROGRAM 20,000 14,450 5,550 20,000
MEDICAL DIRECTION 20,000 10,000 10,000 20,000
BIO HAZARD WASTE DISPOSAL 1,440 ‐ 1,440 1,440
FIRE ACCREDITATION 525 525 ‐ 525
Total: Professional Fees 41,965 24,975 16,990 ‐ 41,965
GARBAGE PICKUP 4,900 2,900 2,000 4,900
EQUIPMENT REPAIR &MAINT
Fire
EQUIPMENT REPAIR & MAINT
STATION EQUIPMENT R & M 15,000 7,499 7,501 15,000
BREATHING APPARATUS TESTING/REPAIR 7,000 1,750 5,250 7,000
INSPECT/REPAIR HYD. RESCUE TOOLS 6,000 ‐ 6,000 6,000
APPARATUS R&M INCLUDING PUMP TEST 52,000 19,261 32,739 52,000
APPARATUS EMERGENCY REPAIRS 45,000 17,231 27,769 45,000
GAS DETECTOR REPAIR 4,200 ‐ 4,200 4,200
NOZZLES, VALVES, APPLIANCES, HOSE 5,432 885 4,547 5,432
ANNUAL HYDRANT MAINTENANCE 3,200 302 2,898 3,200
LADDER TESTING 1,300 ‐ 1,300 1,300
THERMAL IMAGING CAMERA MAINTENANCE 3,000 ‐ 3,000 3,000
Total: Equipment Repair & Maintenance 142,132 46,929 95,203 ‐ 142,132
VEHICLE REPAIR & MAINT 4,500 885 3,615 4,500
GROUNDS REPAIR & MAINT 3,500 14 3,486 3,500
Total: Purchased Professional and Technical Services 196,997 75,703 121,294 ‐ 196,997
Purchased‐Property Services
RENTAL LAND & BUILDINGS/STATION 43 LEASE 230,278 230,277 1 230,278
RENTAL EQUIP & VEHICLES 500 ‐ 500 500
Total: Purchased‐Property Services 230,778 230,277 501 ‐ 230,778
Other Purchased Services
COMMUNICATIONS 14,000 7,892 6,108 14,000
POSTAGE 50 ‐ 50 50
PRINTING 50 31 19 50
TRAVEL 5,880 8 5,872 5,880
DUES AND FEES 14 14 ‐ 14
FY 2012 Budget Amendment #1
Page 22 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Fire
PROFESSIONAL LICENSE RENEWALS 4,500 1,302 3,198 4,500
SUBSCRIPTIONS 300 64 236 300
Total: Dues & Fees 4,814 1,380 3,434 ‐ 4,814
EDUCATION & TRAINING 1,000 744 256 1,000
PROFESSIONAL DEVELOPMENT 4,200 2,150 2,050 4,200
CONTRACT‐ANNUAL EMT/PM TRAIN.3,000 ‐ 3,000 3,000
MGMT PROFESSIONAL DEV 4,850 965 3,885 4,850
Total: Education & Training 13,050 3,859 9,191 ‐ 13,050
MAINTENANCE CONTRACTS
800 MHZ FEES TO FULTON COUNTY 5,025 5,016 9 5,025
PEST CONTROL ‐ FIRE STATIONS 2,600 998 1,603 2,600
FIRE EXTINGUISHER INSPECT.1,100 858 242 1,100
Total: Maintenance Contracts 8,725 6,872 1,853 ‐ 8,725
Total: Other Purchased Services 46,569 20,042 26,527 ‐ 46,569
Supplies
SUPPLIES / GENERAL SUPPLIES/SUPPRESSION 18,000 8,105 9,895 18,000
OXYGEN REFILLS 1,100 337 763 1,100
MEDICAL SUPPLIES 15,600 10,346 5,254 15,600
Total: General Supplies/Suppression 34,700 18,789 15,911 ‐ 34,700
SUPPLIES/GENERAL SUPPLIES/PREVENTION 43 43 (0) 43
PREVENT. & EDU MAT.1,500 6 1,494 1,500
HEART READY CITY PGR 1,300 190 1,110 1,300
Total: General Supplies/Prevention 2,843 240 2,603 ‐ 2,843
SUPPLIES / WATER / SEWAGE 2,400 1,243 1,157 2,400
SUPPLIES /NATURAL GAS 16 000 7 013 8 987 16 000SUPPLIES / NATURAL GAS 16,000 7,013 8,987 16,000
SUPPLIES / ELECTRICITY 25,000 12,557 12,443 25,000
SUPPLIES / GASOLINE/DIESEL 70,000 29,575 40,425 70,000
SUPPLIES / FOOD/MEALS 200 27 173 200
BOOKS & PERIODICALS/TRAINING MATERIALS 500 85 415 500
SUPPLIES / TELECOMMUNICATIONS 4,500 1,900 2,600 4,500
SUPPLIES / UNIFORMS
UNIFORMS/FIRE STANDARD UNIFORMS 15,415 8,264 7,151 15,415
UNIFORMS/TURN OUT GEAR 39,000 24,299 14,701 39,000
Total: Uniforms 54,415 32,563 21,852 ‐ 54,415
Total: Supplies 210,558 103,989 106,569 ‐ 210,558
Machinery & Equipment
MACHINERY & EQUIPMENT / MACHINERY 500 168 332 500
FURNITURE & FIXTURES / PREVENTION 1,000 ‐ 1,000 1,000
OTHER EQUIPMENT 3,074 3,073 1 3,074
SMALL EQUIPMENT 7,800 2,683 5,117 7,800
RADIO CHARGERS & SPARE BATTERIES 3,400 198 3,202 3,400
CELL PHONES 1,400 87 1,313 1,400
Total: Other Equipment 15,674 6,042 9,632 ‐ 15,674
Total: Machinery & Equipment 17,174 6,210 10,964 ‐ 17,174
Total: Fire 4,381,219 2,569,847 1,811,372 (94,776) 4,286,443
FY 2012 Budget Amendment #1
Page 23 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Fire
BUDGET AMENDMENT NOTES
Account Name
DECREASE
1. Worker's Compensation (94,776)
Total Decrease (94,776)$
(94,776)$
Initial estimates based on prior year rates which
were higher than current rates. Decreased to
reflect actual costs.
TOTAL FIRE BUDGET AMENDMENTS
Amendment Reason
FY 2012 Budget Amendment #1
Page 24 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Salaries & Wages
SALARIES & WAGES/REGULAR EMPLOYEES 462,703 250,006 212,697 462,703
Total: Salaries & Wages 462,703 250,006 212,697 ‐ 462,703
Employee Benefits
EMPLOYEE BENEFITS / GROUP INSURANCE 43,734 29,222 14,512 (10,915) 32,819
EMPLOYEE BENEFITS / 401A (SS MATCH)17,608 9,375 8,233 17,608
EMPLOYEE BENEFITS / FICA MEDICARE 6,809 3,485 3,324 6,809
401A 1% MATCH 4,424 1,129 3,295 4,424
PENSION (GMEBS)22,385 13,104 9,281 22,385
UNEMPLOYMENT INSURANCE 1,840 240 1,600 1,840
WORKER'S COMPENSATION 38,033 38,033 ‐ 38,033
FLEXIBLE SPENDING 2,400 2,400 ‐ 2,400
Total: Employee Benefits 137,233 96,989 40,244 (10,915) 126,318
Purchased Professional and Technical Services
PROFESSIONAL FEES
BULKY TRASH DAY 3,600 675 2,925 3,600
ENGINEERING & SURVEYING SERVICES 11,500 1,156 10,344 11,500
Total: Professional Fees 15,100 1,831 13,269 ‐ 15,100
CONTRACTED
OVERHEAD TRIMMING & GRAVEL RD 20,000 ‐ 20,000 20,000
Total: Professional Fees/Contracted 20,000 ‐ 20,000 ‐ 20,000
VEHICLE REPAIR & MAINT 2,250 1,370 880 2,250
Total: Purchased Professional and Technical Services 37,350 3,202 34,148 ‐ 37,350
Other Purchased Services
COMMUNICATIONS 2,880 1,585 1,295 2,880
Public Works
COMMUNICATIONS ,880 ,585 ,95 ,880
ADVERTISING ‐ ‐ ‐
OTHER PURCHASED SERVICES: Guardrail Repair 7,500 3,610 3,890 7,500
PRINTING 100 ‐ 100 100
TRAVEL 1,284 69 1,215 1,284
DUES AND FEES 192 192 ‐ 192
APWA 145 145 ‐ 145
IMSA 160 160 ‐ 160
ASHE 50 ‐ 50 50
Total: Dues & Fees 547 497 50 ‐ 547
EDUCATION & TRAINING 1,500 565 935 1,500
APWA 790 375 415 790
LEVEL II SIGNING & MARKING 550 ‐ 550 550
ASHE TECHNICAL SEMINAR 45 45 ‐ 45
Total: Education & Training 2,885 985 1,900 ‐ 2,885
MAINTENANCE CONTRACTS
800 MHZ FEES 474 388 86 474
Total: Maintenance Contracts 474 388 86 ‐ 474
Total: Other Purchased Services 15,670 7,135 8,535 ‐ 15,670
Supplies
SUPPLIES / GENERAL SUPPLIES 1,500 82 1,418 1,500
ADOPT‐A‐ROAD/STREAMSIDE CLEANUP 805 ‐ 805 805
Total: General Supplies 2,305 82 2,223 ‐ 2,305
SUPPLIES / ELECTRICITY 315,300 183,628 131,672 315,300
SUPPLIES / GASOLINE/DIESEL 27,250 6,227 21,023 27,250
SUPPLIES / FOOD/MEALS 345 345 0 345
FY 2012 Budget Amendment #1
Page 25 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Public Works
SUPPLIES / UNIFORMS 1,000 275 725 1,000
Total: Supplies 346,200 190,556 155,644 ‐ 346,200
Infrastructure
INFRASTRUCTURE/OPTECH RWM 448,050 223,693 224,357 448,050
INFRASTRUCTURE/SIGNAL ALLOWANCE 10,000 23,090 (13,090) 15,000 25,000
INFRASTRUCTURE/EMERGENCY SERVICES ALLOWANCE 10,000 ‐ 10,000 10,000
INFRASTRUCTURE/MATERIALS ALLOWANCE 20,000 1,558 18,442 20,000
INFRASTRUCTURE/TREE REMOVAL 5,000 1,300 3,700 5,000
INFRASTRUCTURE/DUMPSTER FEES 12,000 1,822 10,178 12,000
INFRASTRUCTURE/SIGNAL MATERIALS 12,000 13,113 (1,113) 3,000 15,000
INFRASTRUCTURE/SIGN MATERIALS 20,000 7,267 12,733 20,000
INFRASTRUCTURE/ADDITIONAL ROW MOWING ‐ ‐ ‐ 26,325 26,325
Total: Infrastructure 537,050 271,843 265,207 44,325 581,375
Machinery & Equipment
OTHER EQUIPMENT ‐ ‐ ‐ ‐
OTHER EQUIP/ADOPT‐A‐ROAD SIGNS 500 491 9 500
OTHER EQUIP/TOOLS/BATTERIES/CHEMICALS 4,000 3,112 888 4,000
OTHER EQUIPMENT / MOTOROLA RADIOS ‐ ‐ ‐ ‐
Total: Other Equipment 4,500 3,604 896 ‐ 4,500
Total: Machinery & Equipment 4,500 3,604 896 ‐ 4,500
Total: Public Works 1,540,706 823,335 717,371 33,410 1,574,116
BUDGET AMENDMENT NOTES
Account Name
INCREASE
1. Infrastructure/Signal Allowance 15,000
2. Infrastructure/Sign Materials 3,000
3. Infrastructure/Additional ROW Mowing 26,325
Total Increase 44,325$
DECREASE
1. Group Insurance (10,915)
Total Decrease (10,915)$
33,410$
Increased to cover anticipated costs.
Decreased to reflect cost of employee health
insurance
TOTAL PUBLIC WORKS BUDGET
AMENDMENTS
Amendment Reason
Increased to cover anticipated costs. Partially
offset by insurance proceeds of $10,552.
Moved budget over from General Government
Building Department
FY 2012 Budget Amendment #1
Page 26 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Salaries & Wages
SALARIES & WAGES/REGULAR EMPLOYEES 147,963 79,334 68,629 147,963
Total: Salaries & Wages 147,963 79,334 68,629 ‐ 147,963
Employee Benefits
EMPLOYEE BENEFITS / GROUP INSURANCE 15,107 12,438 2,669 4,288 19,395
EMPLOYEE BENEFITS / 401A (SS MATCH)5,549 2,975 2,574 5,549
EMPLOYEE BENEFITS / FICA MEDICARE 2,147 1,119 1,028 2,147
401A 1% MATCH 1,263 142 1,121 1,263
PENSION (GMEBS)6,389 3,740 2,649 6,389
UNEMPLOYMENT INSURANCE 1,840 507 1,333 1,840
WORKER'S COMPENSATION 5,317 5,317 ‐ 5,317
Total: Employee Benefits 37,612 26,239 11,373 4,288 41,900
Purchased Professional and Technical Services
CONTRACTED
PARK MOWING & LITTER PICKUP 100,000 49,257 50,743 22,225 122,225
Total: Professional Fees/Contracted 100,000 49,257 50,743 22,225 122,225
FACILITY REPAIR & MAINT 1,000 534 466 1,000
LIGHTING MAINTENANCE 7,750 6,978 772 7,750
Total: Facility Repair & Maintenance 8,750 7,513 1,237 ‐ 8,750
GROUNDS REPAIR & MAINT 2,000 1,748 252 2,000
Total: Purchased Professional and Technical Services 110,750 58,518 52,232 22,225 132,975
Purchased‐Property Services
RENTAL LAND & BUILDINGS ‐ ‐ ‐ ‐
FCBOE LEASE 10,000 ‐ 10,000 10,000
Total:Rental Land &Buildings 10 000 10 000 10 000
Parks and Recreation
Total: Rental Land & Buildings 10,000 ‐ 10,000 ‐ 10,000
RENTAL EQUIPMENT & VEHICLES 2,238 600 1,638 2,238
Total: Purchased‐Property Services 12,238 600 11,638 ‐ 12,238
Other Purchased Services
COMMUNICATIONS 760 199 561 760
POSTAGE 5 5 0 5
PRINTING 300 62 238 300
TRAVEL: Nat'l GRPA, Meals & Mileage 154 154 0 154
DUES AND FEES: GRPA Dues 1,460 885 575 1,460
CONTRACT LABOR: For programs & activities 3,500 ‐ 3,500 3,500
Total: Other Purchased Services 6,179 1,304 4,875 ‐ 6,179
Supplies
SUPPLIES / GENERAL SUPPLIES 12,157 221 11,936 (3,770) 8,387
SUPPLIES / WATER / SEWAGE 4,000 545 3,455 4,000
SUPPLIES / NATURAL GAS 1,900 1,075 825 1,900
SUPPLIES / ELECTRICITY 22,500 11,339 11,161 5,000 27,500
SUPPLIES / FOOD/MEALS 150 142 8 150
Total: Supplies 40,707 13,322 27,385 1,230 41,937
Total: Parks & Recreation 355,449 179,317 176,132 27,743 383,192
FY 2012 Budget Amendment #1
Page 27 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Parks and Recreation
BUDGET AMENDMENT NOTES
Account Name
INCREASE
1. Group Insurance 4,288
2. Contracted/Park Mowing & Litter Pickup 22,225
3. Supplies/Electricity 5,000
Total Increase 31,513$
DECREASE
1. General Supplies (3,770)
Total Decrease (3,770)$
27,743$
Move Hopewell House electricity costs from
General Gov't Buildings Department
Move a portion of the cost of supplies for Joyful
Soles camp to Operating Grant Fund ‐ covered
by FRESH grant.
TOTAL PARKS AND RECREATION BUDGET
AMENDMENTS
Amendment Reason
To cover the cost of employee health insurance
Additional mowing for fields at schools
FY 2012 Budget Amendment #1
Page 28 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Salaries & Wages
SALARIES & WAGES/REGULAR EMPLOYEES 596,835 336,343 260,492 17,612 614,447
SALARIES & WAGES/OVERTIME 420 420 0 420
Total: Salaries & Wages 597,255 336,762 260,493 17,612 614,867
Employee Benefits
EMPLOYEE BENEFITS / GROUP INSURANCE 75,147 55,322 19,825 3,000 78,147
EMPLOYEE BENEFITS / 401A (SS MATCH)22,388 12,629 9,759 660 23,048
EMPLOYEE BENEFITS / FICA MEDICARE 8,657 4,492 4,165 255 8,912
401A 1% MATCH 5,403 1,141 4,262 176 5,579
PENSION (GMEBS)27,339 16,004 11,335 891 28,230
UNEMPLOYMENT INSURANCE 2,530 389 2,141 2,530
WORKER'S COMPENSATION 14,344 11,534 2,810 14,344
FLEXIBLE SPENDING 2,400 2,400 ‐ 2,400
Total: Employee Benefits 158,208 103,912 54,296 4,982 163,190
Purchased Professional and Technical Services
PROFESSIONAL FEES 480 ‐ 480 480
VEHICLE REPAIR & MAINT 2,300 906 1,394 2,300
Total: Purchased Professional and Technical Services 2,780 906 1,874 ‐ 2,780
Other Purchased Services
COMMUNICATIONS 6,300 3,694 2,606 6,300
POSTAGE 2,650 1,482 1,168 2,650
ADVERTISING 6,800 4,541 2,260 6,800
PRINTING 2,070 580 1,490 2,070
TRAVEL 3,000 2,219 781 3,000
DUES AND FEES 4 000 905 3 095 4 000
Community Development
DUES AND FEES 4,000 905 3,095 4,000
EDUCATION & TRAINING 2,300 424 1,876 2,300
Total: Other Purchased Services 27,120 13,843 13,277 ‐ 27,120
Supplies
SUPPLIES / GENERAL SUPPLIES 2,100 1,864 236 2,100
SUPPLIES / GASOLINE/DIESEL 4,900 3,390 1,510 4,900
SUPPLIES / FOOD/MEALS 450 214 236 450
SUPPLIES/BOOKS & PERIDIOCALS 350 ‐ 350 350
SUPPLIES / UNIFORMS 1,750 1,543 207 1,750
Total: Supplies 9,550 7,011 2,539 ‐ 9,550
Machinery & Equipment
FURNITURE & FIXTURES 900 226 674 900
OTHER EQUIPMENT 22 22 (0) 22
CELL PHONES 200 ‐ 200 200
NPDES EQUIPMENT 2,000 ‐ 2,000 2,000
Total: Other Equipment 2,222 22 2,200 ‐ 2,222
Total: Machinery & Equipment 3,122 248 2,874 ‐ 3,122
Total: Community Development 798,035 462,683 335,352 22,594 820,629
FY 2012 Budget Amendment #1
Page 29 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Community Development
BUDGET AMENDMENT NOTES
Account Name
INCREASE
1. Salaries & Wages 17,612
2. Employee Benefits 4,982
Total Increase 22,594$
22,594$
TOTAL COMMUNITY DEVELOPMENT BUDGET
AMENDMENTS
Amendment Reason
Addition of a Code Enforcement Officer
Addition of a Code Enforcement Officer
FY 2012 Budget Amendment #1
Page 30 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Debt Service ‐ Principal
CAPITAL LEASE PRINCIPAL 818,268 768,348 49,920 (49,920) 768,348
Total: Debt Service ‐ Principal 818,268 768,348 49,920 (49,920) 768,348
Debt Service ‐ Interest
INTEREST / CAPITAL LEASE INTEREST 38,963 38,962 1 38,963
Total: Debt Service ‐ Interest 38,963 38,962 1 ‐ 38,963
Total: Debt Service 857,231 807,310 49,921 (49,920) 807,311
BUDGET AMENDMENT NOTES
Account Name
DECREASE
1. Capital Lease Principal (49,920)
Total Decrease (49,920)$
(49,920)$ TOTAL DEBT SERVICE BUDGET AMENDMENTS
Decreased due to the decision to purchase the
police vehicles with cash
Debt Service
Amendment Reason
FY 2012 Budget Amendment #1
Page 31 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Operating Transfers Out
TO CAPITAL PROJECTS FUND 3,505,688 2,044,987 1,460,701 1,081,701 4,587,389
TO CAPITAL GRANT FUND 570,696 332,906 237,790 156,432 727,128
TO OPERATING GRANT FUND 103,664 ‐ 103,664 103,664
Total: Operating Transfers Out 4,180,048 2,377,893 1,802,155 1,238,133 5,418,181
Total: Other Financing Uses 4,180,048 2,377,893 1,802,155 1,238,133 5,418,181
BUDGET AMENDMENT NOTES
Account Name
INCREASE
1. Transfer to Capital Projects Fund 1,081,701
2. Transfer to Capital Grant Fund
156,432
Total Increase 1,238,133$
1,238,133$
TOTAL OTHER FINANCING USES BUDGET
AMENDMENTS
Increased to offset prior year budgeting error
and to cover the city's match for the LCI grant
Other Financing Uses
Amendment Reason
Increased to offset cost of park land acquisition
and other budget amendments
FY 2012 Budget Amendment #1
Page 32 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Contingencies
CONTINGENCY 144,019 ‐ 144,019 (144,019) ‐
Total: Contingencies 144,019 ‐ 144,019 (144,019) ‐
Total: Other Costs 144,019 ‐ 144,019 (144,019) ‐
BUDGET AMENDMENT NOTES
Account Name
DECREASE
1. Contingency (144,019)
Total Decrease (144,019)$
(144,019)$
Decreased to help offset the cost of park land
acquisition
TOTAL CONTINGENCY BUDGET AMENDMENTS
Other Costs
Amendment Reason
FY 2012 Budget Amendment #1
Page 33 of 41
E-911 FUND
This fund accounts for revenues and expenditures related to the operation of the E-911 center as performed through an
intergovernmental agreement with the City of Alpharetta.
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
E-911 CHARGES 700,000 398,671 301,329 79,486 779,486
INTEREST REVENUE - 403 (403) 680 680
Total Revenue 700,000 399,074 300,926 80,166 780,166
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
COMMUNICATIONS 21,000 10,211 10,789 21,000
MAINTENANCE CONTRACTS 660,400 503,265 157,135 80,166 740,566
CONTINGENCIES / UNALLOCATED 18,600 - 18,600 18,600
Total Expenditures 700,000 513,476 186,524 80,166 780,166
BUDGET AMENDMENT NOTES
Account Name
REVENUES
1. E-911 Charges 79,486
2. Interest Revenue 680
Total Revenues 80,166$
EXPENDITURES
1. Maintenance Contracts 80,166
Total Expenditures 80,166$
80,166$
E-911 Fund
Revenues
Expenditures
Amendment Reason
Increased to reflect anticipated revenue
collections
Increased to reflect anticipated revenue
collections
The City of Alpharetta has incorporated the
new census numbers into the cost-sharing
arrrangement for E-911 services, as allowed in
the IGA. The new payment structure is set to
begin on July 1 and is reflected in the increase
for this line.
TOTAL E-911 FUND BUDGET AMENDMENTS
FY 2012 Budget Amendment #1
Page 34 of 41
OPERATING GRANT FUND
The Operating Grant Fund is used to account for certain budgeted items that receive funding from individual grants and
that aren’t classified as “capital”. These funds are appropriated on an annual basis.
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
FED GOV GRANT/SAFER 30,096 8,738 21,358 30,096
FED GOV GRANT/BULLETPROOF VEST 761 (761) 760 760
FED GOV GRANT/BYRNE-JAG 14,618 (14,618) 14,618 14,618
FED GOV GRANT/GCDD MINI GRANTS 8,131 (8,131) 16,031 16,031
FULTON COUNTY GRANT/FRESH GRANT - 3,770 (3,770) 3,770 3,770
INTEREST REVENUE - 9 (9) -
OPERATING TRANSFER IN FROM GENERAL FUND 103,664 20,388 83,276 103,664
BUDGETED FUND BALANCE 3,350 - 3,350 3,350
Total Revenue 137,110 56,416 80,694 35,179 172,289
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
General Administration
SALARIES & WAGES REGULAR EMPLOYEES 1,800 8,324 (6,524) 14,141 15,941
EMPLOYEE BENEFITS / 401A (SS MATCH)- 312 (312) 540 540
EMPLOYEE BENEFITS / FICA MEDICARE - 121 (121) 209 209
UNEMPLOYMENT INSURANCE - 1 (1) 230 230
PROFESSIONAL FEES 285 285 - 285
PRINTING 28 27 1 28
GENERAL SUPPLIES 461 1,039 (578) 911 1,372
SUPPLIES/FOOD/MEALS 776 775 1 776
Total General Administration 3,350 10,884 (7,534) 16,031 19,381
Police
SUPPLIES/UNIFORMS - - - 760 760
OTHER EQUIPMENT/AFIS - 14,618 (14,618) 14,618 14,618
Total Police - 14,618 (14,618) 15,378 15,378
Fire
SALARIES & WAGES/REGULAR EMPLOYEES 117,330 25,254 92,076 117,330
SALARIES & WAGES/HOLIDAY PAY 5,600 935 4,665 5,600
EMPLOYEE BENEFITS/401A (SS MATCH)4,610 1,002 3,608 4,610
EMPLOYEE BENEFITS/FICA MEDICARE - 388 (388) -
PENSION (GMEBS)6,220 934 5,286 6,220
Total Fire 133,760 28,512 105,248 - 133,760
Parks & Recreation
GENERAL SUPPLIES - - - 3,770 3,770
Total Public Works - - - 3,770 3,770
Total Expenditures 137,110 54,014 83,096 35,179 172,289
Operating Grant Fund
Revenues
Expenditures
FY 2012 Budget Amendment #1
Page 35 of 41
OPERATING GRANT FUND
BUDGET AMENDMENT NOTES
Account Name
REVENUES
1. Bulletproof Vest Grant 760
2. Byrne/JAG Grant 14,618
3. GCDD Mini Grants 16,031
4. FRESH Grant
3,770
Total Revenues 35,179$
EXPENDITURES
1. General Administration/Salaries, Benefits and
Expenses 16,031
2. Police/Uniforms 760
3. Police/AFIS 14,618
4. Parks & Recreation/General Supplies 3,770
Total Expenditures 35,179$
35,179$
Amendment Reason
Increased to reflect grant monies received for a
bulletproof vest.
Increased to reflect grant monies received for
an automated fingerprinting identification
system (AFIS).
The Georgia Council on Developmental
Disabilities has awarded a grant to the City for
the Better Together-Real Communities Mini-
Grant Program that is administered by MDAC
and a part-time employee, Amanda Quintana.
This grant covers the cost of Ms. Quintana's
salary and 80% of the costs for the mini-grant
program.
Fulton County Housing and Human Services
Department has awarded the Fulton
Roundtable Expandable Services Headquarters
(FRESH) grant to the City of Milton to help
cover expenses for the Joyful Soles Camp.
Increased to reflect the expenses related to the
Better Together - Real Communities Mini-Grant
Program.
Increased to reflect the expenses related to the
Bulletproof Vest Grant
TOTAL OPERATING GRANT FUND BUDGET
AMENDMENTS
Increased to reflect the expenses related to the
Byrne/JAG Grant
Increased to reflect the expenses related to the
FRESH Grant
FY 2012 Budget Amendment #1
Page 36 of 41
CAPITAL PROJECTS FUND
The Capital Projects Fund is used to track revenues and expenditures associated with capital construction, acquisition
and maintenance. Appropriations in Capital Projects Fund are on a project-length basis and do not expire until the project
is complete. According to the City’s budgetary policies, a major capital project generally is defined as an expenditure that
has an expected useful life of more than 3 years with an estimated total cost of $50,000 or more, or an
improvement/addition to an existing capital asset. (Refer to the following pages.)
FY 2012 Budget Amendment #1
Page 37 of 41
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
INFRASTRUCTURE MAINTENANCE FEES 65,000 28,921 36,079 65,000
CRABAPPLE PAVING FUND ‐ 8,400 (8,400) 8,400 8,400
TREE RECOMPENSE ‐ 3,500 (3,500) 3,500 3,500
LANDFILL USE FEES 100,000 38,238 61,762 (20,000) 80,000
HYA FEES 16,500 ‐ 16,500 16,500
INTEREST REVENUE 2,000 4,247 (2,247) 2,000
REALIZED GAIN OR LOSS ON INVESTMENTS 2,000 ‐ 2,000 2,000
OTHER MISC REV/ATLANTA HIDTA STIPEND ‐ 1,500 (1,500) 3,000 3,000
CAPITAL LEASE PROCEEDS 144,000 ‐ 144,000 (144,000) ‐
OPERATING TRANSFER IN FROM GENERAL FUND 3,505,688 2,044,987 1,460,701 1,081,701 4,587,389
BUDGETED FUND BALANCE 5,904,671 ‐ 5,904,671 (95,404) 5,809,267
Total Revenue 9,739,859 2,129,793 7,610,066 837,197 10,577,056
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Mayor & Council
CONTRACTED/UASI 50,000 1,830 48,170 50,000
LAND ACQUISITION ‐ 12,706 (12,706) 12,706 12,706
BUILDINGS/FUTURE CITY FACILITIES 175 000 63 454 111 546 175 000
Expenditures
Capital Projects Fund
Revenues
BUILDINGS/FUTURE CITY FACILITIES 175,000 63,454 111,546 175,000
Mayor & Council Total 225,000 77,990 147,010 12,706 237,706
Information Technology
COMPUTER REFRESH 49,317 34,771 14,546 49,317
Information Technology Total 49,317 34,771 14,546 ‐ 49,317
Police
VEHICLES / REPLACEMENT RESERVE 343,057 201,524 141,533 3,000 346,057
Police Total 343,057 201,524 141,533 3,000 346,057
Fire
FIRE STATION IMPROVEMENTS 35,007 19,668 15,339 35,007
VEHICLE REPLACEMENT RESERVE 461,214 35,586 425,628 461,214
ADVANCED LIFE SUPPORT EQUIP ‐ 2,032 (2,032) 2,032 2,032
AED UNITS 51,993 32,914 19,079 51,993
Fire Total 548,214 90,200 458,014 2,032 550,246
Public Works
CONSTRUCTION INSPECTORS 59,892 ‐ 59,892 59,892
GRAVEL ROADS MAINTENANCE 355,223 71,115 284,108 355,223
STORMWATER MAINTENANCE 355,555 96,951 258,604 355,555
NPDES PERMIT COMPLIANCE 533,099 7,539 525,560 533,099
FY 2012 Budget Amendment #1
Page 38 of 41
Capital Projects Fund
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
PAVEMENT MANAGEMENT 2,225,184 200,675 2,024,510 2,225,184
PAVEMENT MGMT/CRABAPPLE PAVING FUND 6,300 ‐ 6,300 8,400 14,700
SITE IMPROVEMENTS/PW YARD RELOCATION 35,165 7,650 27,515 35,165
INFRASTRUCTURE / TRAFFIC CALMING 50,000 489 49,511 50,000
BRIDGE REPAIRS LANDRUM RD 242,868 ‐ 242,868 242,868
INFRASTRUCTURE / RESTRIPING 127,818 61,722 66,096 127,818
INFRASTRUCTURE / EDGE OF PAVEMENT 100,000 ‐ 100,000 100,000
INFRASTRUCTURE / BRIDGE REPLACEMENT 672,190 37,487 634,703 672,190
INFRASTRUCTURE / SIDEWALKS 42,225 13,412 28,813 42,225
BETHANY@COGBURN RD INTERSECTION IMPROVMTS 578,619 20,720 557,899 578,619
HOPEWELL/FRANCIS/COGBURN INTERSECTION 910,779 15,022 895,757 910,779
HOPEWELL @ BIRMINGHAM INTERSECTION IMPROVMTS 77,500 ‐ 77,500 77,500
VEHICLES / NEW VEHICLES 30,678 ‐ 30,678 30,678
Public Works Total 6,403,095 533,886 5,869,209 8,400 6,411,495
Parks & Recreation
PROF FEEES/PARKS & REC 15 YEAR COMP PLAN 25,000 ‐ 25,000 25,000
PROF FEES/SIGN PROGRAM 15,000 ‐ 15,000 15,000
PROF FEES/B'HAM PARK MASTER PLAN 25,000 24,963 37 25,000
FACILITY R&M/BETHWELL HOUSE RENOVATIONS 4,200 4,200 ‐ 4,200
Expenditures
/,,,
RENTAL LAND & BUILDINGS/FCBOE LEASE 100,000 5,900 94,100 110,000 210,000
SITES / PARK LAND ACQUISTION 493,069 21,118 471,952 924,000 1,417,069
SITE IMPROVEMENT/CRABAPPLE CROSSING
PARTNERSHIP 139,766 4,094 135,672 139,766
TRAILS/TRAIL PLAN IMPLEMENTATION 905,000 ‐ 905,000 905,000
TRAILS/TRAIL PLAN UPDATE 15,000 15,000 ‐ 15,000
INFRASTRUCTURE / BELL PARK 50,695 10,769 39,926 50,695
Parks & Recreation Total 1,772,730 86,044 1,686,686 1,034,000 2,806,730
Community Development
PROF FEES/TDR FEASIBILITY STUDY 75,000 17,820 57,180 75,000
ARCHITECTURAL CODE 50,000 29,723 20,277 50,000
FORM BASED CODE/TDR ORDINANCE 35,000 ‐ 35,000 35,000
ARNOLD MILL MASTER PLAN 120,000 ‐ 120,000 (120,000) ‐
SITE IMPROVEMENT/TREE RECOMPENSE 12,005 ‐ 12,005 3,500 15,505
Community Development Total 292,005 47,542 244,463 (116,500) 175,505
Unallocated
UNALLOCATED 106,441 ‐ 106,441 (106,441) ‐
Unallocated Total 106,441 ‐ 106,441 (106,441) ‐
Total Expenditures 9,739,859 1,071,958 8,667,901 837,197 10,577,056
FY 2012 Budget Amendment #1
Page 39 of 41
Capital Projects Fund
BUDGET AMENDMENT NOTES
Account Name
REVENUES
1. Crabapple Paving Fund 8,400
2. Tree Recompense Fund 3,500
3. Landfill Host Fees (20,000)
4. Atlanta HIDTA Stipend 3,000
5. Capital Lease Proceeds (144,000)
6. Operating Transfer in from General Fund 1,081,701
7. Budgeted Fund Balance (95,404)
Total Revenues 837,197$
EXPENDITURES
1. Mayor & Council/Land Acquisition 12,706
2. Police/Vehicle Replacement Reserve 3,000
3. Fire/Advanced Life Support Equipment 2,032
Increased to account for funds received
Decreased based on revenue trend
Increase to account for Drug Task Force Agent's
vehicle stipend received from Atlanta HIDTA
To account for Drug Task Force Agent's vehicle
stipend received from Atlanta HIDTA
Decreased because it was decided that the new
police cars would be purchased with available
funds
To offset park land acquisition
Decreased to correct a budgeting error due to
lower than anticipated landfill host fee revenue
collections
Increase to account for equipment purchased
Increased to account for the surveys and
appraisals done for various land purchases
Amendment Reason
Increased to account for funds received
/pp qp ,
4. Public Works/Crabapple Paving Fund 8,400
5. Parks & Recreation/FCBOE Lease 110,000
6. Parks/Park Land Acquisition 924,000
7. Comm Dev/Arnold Mill Master Plan (120,000)
8. Comm Dev/Tree Recompense 3,500
9. Contingency (106,441)
Total Expenditures 837,197$
837,197$
TOTAL CAPITAL PROJECTS FUND BUDGET
AMENDMENTS
qp p
To account for revenues collected
Increase to account for the purchase of park
land
Decreased to transfer this project to the Capital
Grant Fund. The intent is to apply for an LCI
grant with ARC.
To account for revenues collected
Decreased to help offset the park land
acquisitions
Increased to cover the cost association with the
Fulton County Board of Education Lease to use
various school's ball fields for recreation
programming.
FY 2012 Budget Amendment #1
Page 40 of 41
CAPITAL GRANT FUND
The Capital Grant Fund is considered to be a capital project fund that accounts for capital grants used to finance major
capital projects.
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
STATE GOV GRANT/GDOT HPP FUNDS 3,195,498 96,564 3,098,934 3,195,498
STATE GOV GRANT/LCI FUNDS 100,000 72,800 27,200 100,000 200,000
STATE GOV GRANT/GA URBAN FORESTRY GRANT 20,000 ‐ 20,000 20,000
STATE GOV GRANT/MARTA GRANT 321,326 90,000 231,326 321,326
INTEREST REVENUE ‐ 973 (973) 1,500 1,500
OPERATING TRANSFER IN FROM GENERAL FUND 570,696 332,906 237,790 156,432 727,128
BUDGETED FUND BALANCE 1,094,928 ‐ 1,094,928 (137,932) 956,996
Total Revenue 5,302,448 593,242 4,709,206 120,000 5,422,448
Account Name
Approved
Budget
Actuals
as of
5/10/12
Remaining
Budget
Balance
Requested
Amendments
Amended
Budget
Public Works
INFRASTRUCTURE / BHAM @ PROVIDENCE 2,645,572 34,068 2,611,504 2,645,572
INFRASTRUCTURE/ARNOLDMILL@NEW PROVIDENCE 1,771,650 22,661 1,748,989 1,771,650
INFRASTRUCTURE/MAYFIELD@MID BROADWELL 311,674 48,741 262,933 311,674
INFRASTRUCTURE/MARTA 309,552 23,400 286,152 309,552
INFRASTRUCTURE/CRABAPPLE STREETSCAPE 125,000 ‐ 125,000 125,000
Public Works Total 5,163,448 128,871 5,034,577 ‐ 5,163,448
Community Development
PROFESSIONAL FEES/LIVEABLE CENTERS INITIATIVE 114,000 114,000 ‐ 120,000 234,000
PROFESSIONAL FEES/GA URBAN FORESTRY GRANT 25,000 ‐ 25,000 25,000
Community Development Total 139,000 114,000 25,000 120,000 259,000
Expenditures Total 5,302,448 242,871 5,059,577 120,000 5,422,448
BUDGET AMENDMENT NOTES
Account Name
REVENUES
1. State Gov't Grant/LCI Funds 100,000
2. Interest Revenue 1,500
3. Operating Transfer in from General Fund 156,432
4. Budgeted Fund Balance (137,932)
Total Revenues 120,000$
EXPENDITURES
1. Liveable Centers Initiative 120,000
Total Expenditures 120,000$
120,000$
Expenditures
Capital Grant Fund
Revenues
TOTAL CAPITAL GRANT FUND BUDGET
AMENDMENTS
Transfer the Arnold Mill Master Plan from
the Capital Projects Fund ‐ to be funded by
ARC LCI Study
Amendment Reason
To transfer the Arnold Mill Master Plan from
the Capital Projects Fund ‐ to be funded by
ARC LCI Study
Increased to fund budgeting error as
described below and to fund the city match
for LCI study
Decrease to correct a budgeting error from
prior years
Increased to reflect interest earned on cash
FY 2012 Budget Amendment #1
Page 41 of 41
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Sara Leaders, PE, Transportation Engineer
Date: May 23, 2012
Council Date: June 4, 2012
Agenda Item: Approval of a Transportation Enhancement Memorandum of
Understanding between Georgia Department of Transportation and City
of Milton
Location Map
Discussion:
Transportation Enhancement (TE) funds are allocated as ten percent within the Surface
Transportation Program of the Federal-aid Highway Program. The requested projects must be
Proposed
Streetscape
Roadways
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
for eligible activities and must be related to the surface transportation system. In November
2003 Fulton County submitted an application requesting Transportation Enhancement (TE)
funds for a Crabapple Streetscape Phase II project. The county received a TE grant through
Georgia Department of Transportation (GDOT) in 2004 for $500,000 in construction funds. The
federal funds require a local match of at least twenty percent and must be ready to bid for
construction within two years of signing a Memorandum of Understanding (MOU) with
GDOT.
The City submitted a revised application for the proposed Crabapple Area TE project in June
2011. GDOT received approval of the application by the Congressional District 6 State
Transportation Board Member and issued a MOU on May 15, 2012. The project should be ready
to bid for construction within two years of the City signing the MOU.
The projects selected as part of the city’s revised application includes sidewalk along Mid
Broadwell Road and Charlotte Drive, sidewalk and decorative lighting along Mayfield Road,
and decorative lighting along Broadwell Road and Birmingham Highway. The sidewalks will
be the first priority projects and street lights will be included if there is enough funding. These
are in line with the Crabapple Visioning Study, the Milton Comprehensive Transportation Plan,
and planned transportation related projects in the area including Safe Routes to School and
Intersection Improvements.
Financial:
The funds for the local match were budgeted in FY 12 in the Capital Grant Fund. The MOU
states that the City will fund 100% of preliminary engineering with the local match that will
count toward the local requirement of 20% of the total project cost. Federal TE Grant funds will
be used for construction.
Legal Review:
Jarrard & Davis, LLP – Paul Higbee 5/23/2012
Attachments:
1. Transportation Enhancement Memorandum of Understanding
TRANSPORTATION ENHANCEMENT
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GEORGIA DEPARTMENT OF TRANSPORTATION
F.W1
CITY OF MILTON
City of Milton, hereinafter called the "SPONSOR", and the Georgia Department of
Transportation, hereinafter called the "DEPARTMENT",
RELATIVE TO
The SPONSOR assuming responsibility for tasks associated with Preliminary Engineering for
project number 0011675, hereinafter called the "PROJECT".
WHEREAS the PROJECT is a Transportation Enhancement {TE} approved for Federal -Aid
funds with a required local match of at least 20% of the PROJECT's Total Cost; and
IT IS THE INTENTION OF THE PARTIES:
That the SPONSOR fund 100% of the Preliminary Engineering for the PROJECT; and that the
DEPARTMENT may apply said expenditure toward the SPONSOR'S local match of the PROJECT'S
Total Cost, subject to the DEPARTMENT and the Federal Highway Administration's approval.
Il. IT IS AGREED:
A. That the SPONSOR certifies that local funds have been budgeted to undertake Preliminary
Engineering for the PROJECT; and that an accounting system has been established to track
project -specific Preliminary Engineering expenditures.
B. That prior to construction of the PROJECT, the SPONSOR will certify, to the
DEPARTMENT, the amount of eligible expended funds allowable toward the PROJECT'S
Total Local Match.
C. That if the PROJECT includes structures such as bridges or retaining walls, the SPONSOR
will be required to use consultants pre -qualified with the DEPARTMENT.
May 2012
III. IT IS AGREED:
A. That construction funding will be dependent upon the SPONSOR receiving
historical/environmental clearances through the DEPARTMENT; certifying existing or
acquired Right -of -Way to the DEPARTMENT; producing a complete set of biddable
construction plans meeting appropriate safety, access, and design standards; and preparing
and forwarding construction bid procedures and documents for the DEPARTMENT'S
review.
B. That nothing contained herein shall obligate the DEPARTMENT to proceed with subsequent
stages of the PROJECT.
C. That the SPONSOR'S expenditure prior to execution of an Agreement with the
DEPARTMENT for construction of the PROJECT shall be at the sole cost and risk to the
SPONSOR, Should the SPONSOR or the DEPARTMENT determine that for any reason the
PROJECT is unable to enter subsequent stages, the DEPARTMENT is not responsible for
reimbursement of local funds expended on the PROJECT.
IV_ The SPONSOR shall be responsible for all costs for the continual maintenance and the
continual operations of the project, including any and all sidewalks and the grass strip between the curb
and gutter and the sidewalk, within the PROJECT limits.
V. The SPONSOR shall Certify that they have read and understand the regulations for
"CERTIFICATION OF COMPLIANCES WITH FEDERAL PROCUREMENT REQUIREMENTS,
STATE AUDIT REQUIREMENTS, AND FEDERAL AUDIT REQUIREMENTS" as stated in
Attachment "A" of this AGREEMENT and will comply in full with said provisions. If the SPONSOR
fails to comply, the DEPARTMENT reserves the right to require reimbursement for any and all project
expenses.
V1. The SPONSOR shall accomplish all of the design activities for the PROJECT. The design
activities shall be accomplished in accordance with the DEPARTMENT's Plan Development Process,
the applicable guidelines of the American Association of State Highway and Transportation Officials,
hereinafter referred to as "AASHTO", the DEPARTMENT's Standard Specifications Construction of
Transportation Systems, 2041 Edition, the DEPARTMENT's Plan Presentation Guide, PROJECT
schedules, and applicable guidelines of the DEPARTMENT. The SPONSOR's responsibility for design
shall include, but is not limited to the following items:
a. Prepare environmental studies, documentation, and reports for the PROJECT that show
the PROJECT is in compliance with the provisions of the National Environmental Protection Act
and Georgia Environmental Protection Act, as appropriate to the PROJECT funding. This shall
include any and all archaeological, historical, ecological, air, noise, underground storage tanks
(UST), and hazardous waste site studies required. The SPONSOR shall submit to the
DEPARTMENT all environmental documents and reports for review and approval by the
DEPARTMENT and the FHWA_
b. Perform all work required to obtain project permits, including, but not limited to, US
Army Corps of Engineers 404 and Federal Emergency Management Agency (FEMA) approvals.
These efforts shall be coordinated with the DEPARTMENT.
2 May 2012
c. Prepare the PROJECT's drainage design including erosion control plans and the
development of the hydraulic studies for the Federal Emergency Management Agency
Floodways and acquisition of all necessary permits associated with the drainage design.
d. Provide certification, by a Georgia Registered Professional Engineer, that the
construction plans have been prepared under the guidance of the professional engineer and are in
accordance with AASHTO and DEPARTMENT guidelines.
e. Failure of the SPONSOR to follow the DEPARTMENT's Plan Development Process
will jeopardize the use of Federal funds in some or all of the categories outlined in this
AGREEMENT, and it shall be the responsibility of the SPONSOR to make up the loss of that
funding.
f. Perform all work required to obtain all applicable PROJECT permits, including, but
not limited to, Cemetery, TVA and US Army Corps of Engineers permits, Stream Suffer
Variances and Federal Emergency Management Agency (FEMA) approvals. The SPONSOR
shall provide all mitigation required for the project, including but not limited to permit related
mitigation_ All mitigation costs are considered PE costs. PROJECT permits and non -
construction related mitigation must be obtained and completed 3 months prior to the scheduled
let date. These efforts shall be coordinated with the DEPARTMENT.
VII. All Primary Consultant firms hired by the SPONSOR to provide services on the PROJECT
shall be prequalified with the DEPARTMENT in the appropriate area -classes.
V111. The PROJECT construction and right of way plans shall be prepared in English units.
IX. The DEPARTMENT shall review and has approval authority for all aspects of the
PROJECT. The DEPARTMENT will work with the FHWA to obtain all needed approvals with
information furnished by the SPONSOR,
X. The SPONSOR shall be responsible for the design of all structure(s) and preparation of any
required hydraulic and hydrological studies within the limits of this PROJECT in accordance with the
DEPARTMENT's policies and guidelines. The SPONSOR shall perform all necessary survey efforts in
order to complete the design of the structure (s) and prepare any required hydraulic and hydrological
studies. The final structural plans shall be incorporated into this PROJECT as a part of this
AGREEMENT.
XI. The SPONSOR shall follow the DEPARTMENT's procedures for identification of existing
and proposed utility facilities on the PROJECT. These procedures, in part, require all requests for
existing, proposed, or relocated facilities to flow through the DEPARTMENT's Project Liaison and the
District Utilities Engineer.
XII. The SPONSOR shall address ail railroad concerns, comments, and requirements to the
satisfaction of the DEPARTMENT.
XIII. Upon the SPONSOR's determination of the rights of way required for the PROJECT and
the approval of right of way plans by the DEPARTMENT, the necessary rights of way for the PROJECT
shall be acquired by the SPONSOR. Right of Way acquisition shall be in accordance with the law and
the rules and regulations of the FHWA including, but not limited to, Title 23, United States Code; 23
May 2012
CFR 710, et. seq., and 49 CFR Part 24, and the rules and regulations of the DEPARTMENT. Failure of
the SPONSOR to follow these requirements may result in the loss of Federal funding for the PROJECT
and it will be the responsibility of the SPONSOR to make up the loss of that funding. All required right
of way shall be obtained and cleared of obstructions, including underground storage tanks, prior to
advertising the PROJECT for bids. The SPONSOR shall further be responsible for making all changes
to the approved right of way plans, as deemed necessary by the DEPARTMENT, for whatever reason,
as needed to purchase the right of way or to match actual conditions encountered. The SPONSOR shall
be responsible for certifying the Right of Way.
XIV. Upon completion and approval of the PROJECT plans and bid documents, the Department
will authorize the SPONSOR to advertise the project for bids. The SPONSOR shall be solely
responsible for advertising and awarding the construction contract (subject to the Department's
recommendation) for the PROJECT.
XV. The SPONSOR shall review and snake recommendations concerning all shop drawings
prior to submission to the DEPARTMENT. The DEPARTMENT shall have final authority concerning
all shop drawings.
XVI. The SPONSOR shall be responsible for the professional quality, technical accuracy, and
the coordination of all designs, drawings, specifications, and other services furnished by or on behalf of
the SPONSOR pursuant to this AGREEMENT. The SPONSOR shall correct or revise, or cause to be
corrected or revised, any errors or deficiencies in the designs, drawings, specifications, and other
services furnished for this PROJECT. Failure by the SPONSOR to address the errors or deficiencies
within 30 days shall cause the SPONSOR to assume all responsibility for construction delays caused by
the errors and deficiencies. All revisions shall be coordinated with the DEPARTMENT prior to
issuance. The SPONSOR shall also be responsible for any claim, damage, loss or expense that is
attributable to negligent acts, errors, or omissions related to the designs, drawings, specifications, and
other services furnished by or on behalf of the SPONSOR pursuant to this AGREEMENT.
XVII. Both the SPONSOR and the DEPARTMENT hereby acknowledge that time is of the
essence. The Sponsor shall have the project ready to bid within 30 months from the Date of the Notice
to Proceed with Preliminary Engineering.
XVIII. This AGREEMENT is made and entered into in FULTON COUNTY, Georgia, and shall
be governed and construed under the laws of the State of Georgia. The covenants herein contained
shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and
assigns of the parties hereto.
XIX. IT IS AGREED:
A. That the SPONSOR as the sub -recipient of Federal financial assistance will submit a copy of
audited financial statements within 30 days of publication (in compliance with OMB Circular
A-133), for all fiscal periods in which the Federal sub -grant funds are expended. GDOT
reserves the right to take administrative action if the SPONSOR is unresponsive.
Financial Statements will be submitted to: A133Audi1s(Zi.do1_ga.g
May 2012
fN WITNESS WIIEREOF, said pail] es have hereunto set their nand and affixed their seals the day and
year above first written.
DEPARTMENT OF TRANSPORTATION CITY OF MILTON
Commissioner (SEAL) Mayor
ATTEST:
Witness
Treasurer Signed, Sealed & Delivered
This Day of , 20
in the presence of -
NOTARY PUBLIC
I attest that the Corporate Seal attached to this
Document is in fact the seal of the Corporation and
that the Officer of this Corporation executing this
Document does in fact occupy the official position
indicated and is duly authorized to execute such
document on behalf of this Corporation.
ATTEST:
Federal Employee Tax No.
5 May 2012
ATTACHMENT A
CERTIFICATION OF COMPLIANCES
I hereby certify that I am a principle and duly authorized representative of whose
address is and it is also certified that:
I. PROCUREMENT REQUIREMENTS
The below listed provisions of Federal Procurement requirements shall be complied with
throughout the contract period:
(a) 49 CFR Part 18 Section 36
Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments — Procurement
(b) 23 CFR 635 Subpart A — Contract Procedures
II. STATE AUDIT REQUIREMENT
The provisions of Section 36-81-7 of the Official Code of Georgia Annotated, relating to the
"Requirement of Audits" shall be complied with throughout the contract period in full such that:
(a) Each unit of local government having a population in excess of 1,500 persons or
expenditures of $ 300,000.00 or more shall provide for and cause to be made an
annual audit of the financial affairs and transactions of all funds and activities of
the local government for each fiscal year of the local government.
(b) The governing authority of each local unit of government not included above shall
provide for and cause to be made the audit required not less often than once every
two fiscal years.
(c) The governing authority of each local unit of government having expenditures of
less than S 300,000.00 in that government's most recently ended fiscal year may
elect to provide for and cause to be made, in lieu of the biennial audit, an annual
report of agreed upon procedures for that fiscal year.
(d) A copy of the report and any comments made by the state auditor shall be
maintained as a public record for public inspection during the regular working
hours at the principal office of the local government. Those units of local
government not having a principal office shall provide a notification to the public
as to the location of and times during which the public may inspect the report.
6 May 2012
(e) The audits of each local government shall be conducted in accordance with
generally accepted government auditing standards.
III. FEDERAL AUDIT REQUIREMENT
The provisions of OMB Circular A-133 issued pursuant to the Single Audit Act of 1984, P. L. 98-
502, and the Single Audit Act Amendments of 1996, P.L. 104-156 shall be complied with
throughout the contract period in full such that:
(a) Non -Federal entities that expend $ 500,000 or more in a year in Federal awards shall
have a single or program -specific audit conducted for that year in accordance with the
provisions of OMB Circular A-133.
(b) Non -Federal entities that expend less than $ 500,000 a year in Federal awards are exempt
from Federal audit requirements for that year, but records must be available for review or
audit by appropriate officials of the Federal agency, pass-through entity, and General
Accounting Office (GAO).
(c) Except for the provisions for biennial audits provided in paragraphs (1) and (2) below,
audits required shall be performed annually. Any biennial audit shall cover both years
within the biennial period.
(l) A State or local government that is required by constitution or statute, in effect on
January 1, 1987, to undergo its audits less frequently than annually, is perinitted
to undergo its audits biennially. This requirement must still be in effect for the
biennial period under audit.
(2) Any non-profit organization that had biennial audits for all biennial periods
ending between July 1, 1992, and January 1, 1995, is permitted to undergo its
audits biennially.
(d) The audit shall be conducted in accordance with Generally Accepted Government
Auditing Standards.
Date
Signature
7 May 2012
GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT
Contract No. and Name: P1 00 1 1675. Fulton County. Milton Streetscane
Name of Contracting Entity- City of Milton
By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13-
10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the Georgia
Department of Transportation has registered with, is authorized to participate in, and is participating in the
federal work authorization program commonly known as E -Verify'", in accordance with the applicable provisions
and deadlines established in ❑.C.G.A. § 13-10-91.
The undersigned person or entity further agrees that it will continue to use the federal work
authorization program throughout the contract period, and it will contract for the physical performance of
services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned
with the information required by O.C.G.A. § 13-10-91(b).
The undersigned person or entity further agrees to maintain records of such compliance and provide a
copy of each such verification to the Georgia Department of Transportation at the time the subcontractor{s} is
retained to perform such service.
EEV / E-VerifyTM User Identification Number
Date of Authorization
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 ❑ F _'201
[NOTARY SEAL]
Notary Public
My Commission Expires:
* or any subsequent replacement operated by the United States Department of Ilomeland Security or atiy equivalent federal work authorization program
operated by the United States Department of Homeland Security to veriry information of newly hired employees, pursuant to the ]ttnnigra Lion Reform and
Control Act of 1986 (1RCA). P.L. 99-603
May 2012
Page 1 of 2
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION ESTABLISHING A PUBLIC BUILDING AND FACILITIES
AUTHORITY
FOR THE CITY OF MILTON, GEORGIA
THE COUNCIL OF THE CITY OF MILTON HEREBY RESOLVES while in
regular session on the 4th day of June, 2012 as follows:
WHEREAS, pursuant to House Bill 809, signed into law by the governor on May
29, 2007, provides for the creation of a Public Building and Facilities Authority
for the City of Milton; and
WHEREAS, it is in the interests of the citizens of the City of Milton to establish a Public
Building and Facilities Authority to obtain favorable financing and funding for public
facilities, land, buildings, equipment, roads, bridges, sidewalks, and services for the
citizens of the City of Milton, in a manner exempt from taxation and at low interest rates;
and
WHEREAS, pursuant to House Bill 1154, signed into law by the governor on
May 11, 2012, House Bill 809 was amended to permit the Mayor and the City
Council to each appoint themselves to the Public Building and Facilities
Authority.
NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF
MILTON, GEORGIA, as follows:
1. That a Public Building and Facilities Authority (hereinafter, “the Authority”) shall
be established to obtain favorable financing and funding for public facilities, land,
buildings, equipment, roads, bridges, sidewalks, and services for the citizens of
the City of Milton, in a manner exempt from taxation and at low interest rates.
2. The Authority shall have perpetual existence.
3. The Mayor of the City of Milton shall appoint Joe Lockwood to serve on the
Authority.
4. The City Council Member for District One of the City of Milton shall appoint
Karen Thurman to serve on the Authority.
5. The City Council Member for District Two of the City of Milton shall appoint
Matt Kunz to serve on the Authority.
Page 2 of 2
6. The City Council Member for District Three of the City of Milton shall appoint
William Lusk to serve on the Authority.
7. The City Council Member for District Four of the City of Milton shall appoint
Burt Hewitt to serve on the Authority.
8. The City Council Member for District Five of the City of Milton shall appoint Joe
Longoria to serve on the Authority.
9. The City Council Member for District Six of the City of Milton shall appoint
Lance Large to serve on the Authority.
10. The Authority shall hold its meetings on any day when the Mayor and City
Council are scheduled to meet.
11. The Authority shall hold its first meeting on Monday, June 18, 2012. At that
time, the Authority shall approve its By-Laws, appoint officers, and conduct all
other business deemed necessary by the Authority.
RESOLVED this 4th day of June, 2012.
Approved:
_______________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(SEAL)
City of Milton
13000 Deerfield Parkway Building 100 Suite 107 Milton, Georgia 30004
June 5, 2012
Deerfield Master Association, Inc.
c/o PMG Commercial
P.O. Box 325
Alpharetta, Georgia 30009
Re: Formal Request to Modify Deerfield Covenants
As the governing body for the City of Milton, Georgia, we deliver this letter in the hope
that we might encourage you to work with the City in developing a solution where a single
billboard could be erected on Deerfield Property adjacent to Georgia Hwy 400. As you may
know, Fulton County has been engaged in protracted litigation with various sign companies that
had previously submitted multiple billboard applications within what is now the jurisdictional
boundary of Milton and in other areas of north Fulton County. The City joined the case in an
effort to protect the City’s interests and otherwise ensure that numerous billboards were not
erected in Milton. Unfortunately, after trial and appeal, the Georgia Supreme Court issued an
opinion requiring the City to allow the billboards to be erected.
After the Supreme Court’s decision – and in a continuing effort to protect the interests of
the citizens of Milton during litigation - the City has been in negotiations with the sign
companies in an effort at reducing the number of court-ordered signs and also to find locations
for those signs that will minimize their impact on Milton citizens. The City understands that the
sign companies have approached Deerfield in an attempt to obtain permission to erect a single
billboard on property adjacent to Ga. 400 which is under Deerfield’s management. The City
Council wishes to make clear that we perceive a significant benefit in a billboard being erected at
this site, as opposed to a site more internal to the City. The City believes that allowing a
billboard along Ga. 400 would ensure that sign placement has only minimal aesthetic impact on
the City and would allow the City avoid a billboard at a location interior to the City where the
visual and overall negative impact is much more pronounced.
In order to provide this protection to the citizens of Milton, the City Council respectfully
asks that the request to erect a sign along Ga. 400 be granted by the Design Review Committee
and that any restrictions contained in covenants be modified to allow such placement.
City of Milton
13000 Deerfield Parkway Building 100 Suite 107 Milton, Georgia 30004
June 5, 2012
Deerfield Master Association, Inc.
Page Two____________________
We appreciate your consideration of this request.
CITY OF MILTON, GEORGIA
________________________
Mayor Joe Lockwood
_________________________ ________________________
Councilmember Karen Thurman Councilmember Burt Hewitt
_________________________ ________________________
Councilmember Matt Kunz Councilmember Joe Longoria
_________________________ ________________________
Councilmember Bill Lusk Councilmember Lance Large
Page 1 of 2
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION AUTHORIZING THE ISSUANCE OF A LETTER TO THE DESIGN
REVIEW COMMITTEE OF THE OWNERS ASSOCIATION OF DEERFIELD
REQUESTING APPROVAL OF PERMISSION FOR ERECTION OF A BILLBOARD
ON DEERFIELD PARK PROPERTY
WHEREAS, the City of Milton is currently in the midst of settlement discussions with
various sign companies that are litigants in Fulton County Civil Action Numbers 2005CV10977,
2006CV114781 and 2006CV117063 (“Litigation”); and
WHEREAS, the Mayor and City Council believe that a resolution of the litigation that is
in the best interest of the citizens of the City of Milton can be obtained if the sign companies are
allowed to erect a billboard along Georgia Hwy 400 on property encumbered by a Master
Declaration of Protective Covenants and Owners Association for Deerfield (“Covenants”); and
WHEREAS, the Mayor and City Council understand that the Covenants require consent
of the Design Review Committee of the Owners Association of Deerfield in order for the
billboard to be erected on the property; and
WHEREAS, the Mayor and City Council understand that the Design Review Committee
has so far refused to consent to the erection of such a billboard; and
WHEREAS, the Mayor and City Council desire to send a letter to the Design Review
Committee to encourage them to provide its consent to allow erection of a billboard on the
Deerfield Property in order to assist in settlement of the Litigation;.
NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF
MILTON, GEORGIA, that the letter attached hereto is hereby adopted by the governing body
of the City; and
Page 2 of 2
BE IT FURTHER RESOLVED, that appropriate City staff are directed to distribute the
letter attached hereto to the Deerfield Park Design Review Committee.
RESOLVED this 4th day of June, 2012.
Approved:
_______________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(SEAL)