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12-16-2013-Packet
Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, December 16, 2013 Regular Council Meeting Agenda 6:00 PM INVOCATION - Patrick Abent, Inner Quest Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 13-290) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the December 2, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-291) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 16 , 2013 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the December 9, 2013 Work Session City Council Meeting Minutes. (Agenda Item No. 13-292) (Sudie Gordon, City Clerk) 3. Approval of the Financial Statements for the Period Ending October, 2013. (Agenda Item No. 13-293) (Stacey Inglis, Assistant City Manager) 4. Approval of the First Amendment to the Facility Use Agreement between the City of Milton and Hopewell Youth Association for the Purpose of Providing a Youth Baseball Program at Bell Memorial Park. (Agenda Item No. 13-294) (Jim Cregge, Parks & Recreation Director) 5. Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for Geotechnical Work at Bell Memorial Park. (Agenda Item No. 13-295) (Carter Lucas, Public Works Director) 6. Approval of a Professional Services Agreement between the City of Milton and Onsite Civil Group, LLC for a Supplemental Survey in Support of the Final Engineering Plans for the Bell Memorial Park Reconstruction. (Agenda Item No. 13-296) (Carter Lucas, Public Works Director) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION 1. Consideration of T13-03/VC-08 - 330 Batesville Road by STC Two LLC (d/b/a Crown Castle USA) to Replace the Existing 150 Foot High, Stealth Designed “Light Pole” Telecommunications Tower with an 195 Foot High “Mono-Pine” Telecommunications Tower and a Two Part Concurrent Variance: 1) To Reduce the Tower Setbacks from Adjacent Property Lines from 293 Feet on all Sides to (a) 165 Foot and 181 Feet on the Northwestern Property Lines, (b) 175 Feet on the Northeastern Property Line, and (c) 49 Feet on the Eastern Property Line, all as More Particularly Shown on the Site Plan Filed Herewith. (Sec. 54-6(d)(2)). 2) To Waive the 20 Foot Landscaping Buffer Requirement as the Ground Equipment on the Site will be Shielded by a Wooded Slatted Fence and Existing Vegetation. (Sec. 54-6(e)). (Agenda Item No. 13-297) (Chris Lagerbloom, City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 16 , 2013 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION 1. Consideration of the Issuance of an Alcohol Beverage License to, 850 Fahrenheit Pizzeria, LLC dba 850F Barpizza, Located at 12635 Crabapple Road, Suite 310, Milton, Georgia 30004. The Applicant is Glenn Griffith – Consumption on Premise – Wine, Malt Beverages, and Distilled Spirits. (Agenda Item No. 13-298) (Stacey Inglis, Assistant City Manager) 2. Consideration of the Issuance of an Alcohol Beverage License to Fujian Inc. dba Volcano Asian Bistro, Located at 5316 Windward Parkway, Milton, Georgia 30004. The Applicant is Jenny Lin – Consumption on Premise – Wine, Malt Beverages, and Distilled Spirits. (Agenda Item No. 13-299) (Stacey Inglis, Assistant City Manager) 9) ZONING AGENDA 1. Consideration of RZ13-16/VC13-06 – Northeast Corner of Bethany Bend and Cogburn Road by Arrowhead Real Estate Partners, LLC to Rezone from AG-1 (Agricultural) to NUP (Neighborhood Unit Plan) to Develop 28 Single Family Residences at a Density of 3.08 Units Per Acre and to Request the Following Concurrent Variance: To Reduce the Interior Building Separation from 14 Feet to 10 Feet for the Entire Development [Sec. 64-921(k)]. (Agenda Item No. 13-286) (First Presentation at December 2, 2013 Regular Council Meeting) (Kathleen Field, Community Development Director) 2. Consideration of U13-03/U13-07 – 13440 Cogburn Road by St. Francis Day School, Inc. for a Use Permit (Sec. 64-1831) to Increase the Area of the School and the Total Square Footage from 92,616 Square Feet to 109,116 Square Feet that Includes a Practice Gym and Two Maintenance Buildings. A Two-Part Concurrent Variance for the Following: 1) Buildings Shall be Set Back More Than 30 Feet from the Edge of the Required Landscape Strip or Easements [Sec. 64-1145(3)(b)]. 2) Buildings Shall Not be Oriented to a Public Street [Sec. 64-1145(2)(a)]. (Agenda Item No. 13-287) (First Presentation at December 2, 2013 Regular Council Meeting) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 16 , 2013 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3. Consideration of U13-04/VC13-04 – 13895 Hopewell Road by Jeff Runner for a Use Permit to Use the Existing House and Approximately Five Acres for a Special Event Facility (Sec. 64-1812). A Three-Part Concurrent Variance for the Following: 1) To Delete the 8 Foot High Opaque Fence Along the South Property Line [Sec. 64-1812 (b)(2)]. 2) To Delete the 75 Foot Undisturbed Buffer and 10 Foot Improvement Setback Along All Property Lines [Sec. 64-1141(3)(b)]. 3) To Delete the Three Year Period Requirement [Sec. 64-1812(b)(6)]. 4) To Allow Access from a Local Street [Sec. 64- 1812(b)(1)]. (Agenda Item No. 13-288) (First Presentation at December 2, 2013 Regular Council Meeting) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration for the Purchase of an Aerial Fire Apparatus as a Replacement for the Current Front-Line Unit. (Agenda Item No. 13-300) (Chief Robert Edgar, Fire Chief) 2. Consideration of the Second Amendment to Intergovernmental and Sublease Agreement between the City of Milton and the City of Milton Public Buildings and Facilities Authority. (Agenda Item No. 13-301) (Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 13-302) The minutes were provided electronically HOME OF M I LTO N11P 1',TA 6 11tiIIIVO Aft CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 6, 2013 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending October, 2013. MEETING DATE: Monday, December 16, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES (VNO CITY ATTORNEY REVIEW REQUIRED: {) YES 1A NO APPROVAL BY CITY ATTORNEY () APPROVED NOT APPROVED PLACED ON AGENDA FOR: 1613 REMARKS youn PHONE: 678.242,25001 FAX: 678.242.2499 FRU Iwo.) GrQ�n Ar info4cityofmiltongo.us I www.cityoftniltonga.us '\7. Community 13000 Deerfield Parkway, Suite 107 I Moon GA 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on December 10, 2013 for the December 16, 2013 Regular Council Meeting Agenda Item: Financial Statements for Period 1 – October 2013 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 80.7% over what is anticipated for the first period of the fiscal year. The unanticipated increase is mainly due to the spike in building permits issued, as well as, land disturbance permit fees. The fines and forfeitures are also higher-than-anticipated as a result of a large volume of compliance cases coming due and a greater number of tickets issued through the automated license plate reader. Please remember as you look at the financial statements that there are several revenue sources whose collections in the first two periods of a new fiscal year will be accrued back to the previous fiscal year. It is a generally accepted accounting principle to apply the revenue to the period it is intended for. Total expenditures to-date are $900,839 and are 7.7% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $13,884,112, capital expenditures-to-date total $106,548. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending October 2013 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,334,000 - - - - - - Motor Vehicle Tax 550,000 - - - - - - Intangible Tax 230,000 - - - - - - Real Estate Transfer Tax 55,000 - - - - - - Franchise Fees 1,800,000 - - - - - - Local Option Sales Tax 4,000,000 - - - - - - Alcohol Beverage Excise Tax 285,000 - - - - - - Business & Occupation Tax 590,000 2,640 - 2,640 2,640 - 2,640 Insurance Premium Tax 1,500,000 - - - - - - Financial Institution Tax 33,000 - - - - - - Penalties & Interest 30,000 4,085 2,250 1,835 4,085 2,250 1,835 Alcohol Beverage Licenses 135,000 2,350 - 2,350 2,350 - 2,350 Other Non-Business Permits/Licenses 10,500 4,004 1,392 2,612 4,004 1,392 2,612 Zoning & Land Disturbance Permits 90,500 33,827 7,542 26,286 33,827 7,542 26,286 Building Permits 320,000 38,030 26,667 11,363 38,030 26,667 11,363 Other Charges for Service 419,860 45,442 31,413 14,028 45,442 31,413 14,028 Municipal Court Fines 360,000 52,536 30,000 22,536 52,536 30,000 22,536 Interest Earnings 14,500 1,581 1,208 373 1,581 1,208 373 Contributions & Donations - 152 - 152 152 - 152 Other Revenue 27,040 150 - 150 150 - 150 Other Financing Sources 44,000 380 2,000 (1,620) 380 2,000 (1,620) Total Revenues 18,828,400 185,176 102,472 82,705 185,176 102,472 82,705 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,576 6,175.84 7,309 (1,133) 6,176 7,309 (1,133) City Clerk 210,240 12,865.76 14,717 (1,851) 12,866 14,717 (1,851) City Manager 456,671 25,859.50 27,176 (1,316) 25,860 27,176 (1,316) General Administration 37,794 1,800.94 2,983 (1,182) 1,801 2,983 (1,182) Finance 340,159 23,099.66 23,724 (624) 23,100 23,724 (624) Legal 230,000 1,007.43 1,007 - 1,007 1,007 - Information Technology 580,075 69,599.03 74,052 (4,453) 69,599 74,052 (4,453) Human Resources 283,931 18,987.29 19,874 (886) 18,987 19,874 (886) Risk Management 195,015 - - - - - - General Government Buildings 444,900 35,713.50 35,714 - 35,714 35,714 - Public Information & Marketing 206,116 11,125.50 11,671 (546) 11,126 11,671 (546) Municipal Court 246,985 15,443.58 15,869 (425) 15,444 15,869 (425) Police 3,220,238 176,740.26 196,451 (19,711) 176,740 196,451 (19,711) Fire 5,258,026 291,263.50 312,455 (21,191) 291,264 312,455 (21,191) EMS Operations - - - - - - - Public Works 1,775,643 42,755.59 50,953 (8,197) 42,756 50,953 (8,197) Parks & Recreation 978,476 13,334.52 19,421 (6,086) 13,335 19,421 (6,086) Community Development 1,035,970 62,316.07 69,769 (7,453) 62,316 69,769 (7,453) Economic Development 79,285 1,982.62 2,124 (141) 1,983 2,124 (141) Debt Service - Capital Lease Payment 90,770 90,768.69 90,769 - 90,769 90,769 - Operating Transfers to Other Funds 4,151,071 - - - - - - Operating Reserve 158,369 - - - - - - Total expenditures 20,146,310 900,839 976,036 (75,196)900,839 976,036 (75,196) Net Income/(Loss)(1,317,910)(715,663)(715,663) Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 1,300$ -$ 1,350$ 50$ Interest Revenues 40 1 1 (39) Crabapple Fest Sponsor 7,500 1,000 1,000 (6,500) Earth Day Sponsor 4,000 - - (4,000) Concert Sponsor 500 - - (500) Mayor's Run Sponsor 2,000 - - (2,000) Donations/Better World Books - - - - T-shirt Sales - - - - Mayor's Run Reg. Fees 1,500 - - (1,500) Roundup Food Sales - - - - Total revenues 16,840$ 1,001$ 2,351$ (14,489)$ EXPENDITURES Current: Special Events 65,095$ 8,682$ 8,682$ 51,243$ Total Expenditures 65,095$ 8,682$ 8,682$ 51,243$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 35,000$ -$ -$ (30,000)$ Total other financing sources and uses 35,000$ -$ -$ (30,000)$ Net change in fund balances (13,255)$ (6,331)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2013 3 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/HIDTA - - - - Interest Revenues/State Funds - 3 3 3 Interest Revenues/Federal Funds - 3 3 3 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 5$ 5$ 5$ EXPENDITURES Current: Police 18,000$ 650$ 650$ 17,350$ Total Expenditures 18,000$ 650$ 650$ 17,350$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (18,000)$ (645)$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2013 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 800,000$ -$ -$ (800,000)$ Interest Revenue 200 21 21 (179) Total revenues 800,200$ 21$ 21$ (800,179)$ EXPENDITURES Current: Public Safety 1,117,262$ 1,264$ 1,264$ 1,115,998$ Total Expenditures 1,117,262$ 1,264$ 1,264$ 1,115,998$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (317,062)$ (1,242)$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2013 5 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant -$ -$ -$ -$ Bulletproof Vest Program - - - - Byrne-JAG Grant - - - - GDCC Mini Grants - - - - GEMA Grant - - - - FRESH Grant - 10,000 10,000 10,000 Interest Revenues - 0 0 0 Total revenues -$ 10,000$ 10,000$ 10,000$ EXPENDITURES Current: General Administration -$ -$ -$ - Police - - - - Fire - - - - Parks & Recreation - - - - Total Expenditures -$ -$ -$ -$ Excess of revenues over expenditures - 10,000 10,000 10,000 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances - 10,000 City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2013 6 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 55,000$ -$ -$ (55,000)$ Total revenues 55,000$ -$ -$ (55,000)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 35,000 - - (35,000) Total other financing sources and uses 55,000$ -$ -$ (55,000)$ Net change in fund balances - - City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2013 7 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 65,000$ -$ -$ (65,000)$ Sidewalk Replacement Account - - - - Crabapple Paving Fee - - - - Traffic Calming - - - - Tree Recompense - - - - Landfill Host Fees 80,000 - - (80,000) HYA Fees - - - - Interest Revenue 3,000 204 204 (2,796) Realized Gain or Loss on Investments - - - - Insurance Proceeds/Public Safety - - - - Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - - - - Capital Lease Proceeds - - - - Total revenues 148,000 204$ 204$ (147,796)$ EXPENDITURES Capital Outlay City Council 36,070$ 3,850$ 3,850$ 32,220$ Police 2,333,805 - - 2,333,805 Fire 1,438,530 - - 1,438,530 Public Works 8,188,413 15,213 15,213 8,173,200 Parks & Recreation 1,791,621 87,485 87,485 1,704,136 Community Development 95,673 - - 95,673 Total Capital Outlay 13,884,112$ 106,548$ 106,548$ 13,777,564$ Excess of revenues over expenditures (13,736,112) (106,343) (106,343) (13,925,360) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,151,071$ -$ -$ (4,151,071)$ Unallocated (125,216) - - 125,216 Total other financing sources and uses 4,025,855 - - (4,025,855) Net change in fund balances (9,710,257) (106,343) City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2013 8 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues CDBG -$ -$ -$ -$ LMIG Funds - - - - GDOT HPP Funds 7,262,878 - - (7,262,878) LCI Funds - - - - GA Urban Forestry Grant - - - - MARTA Grant 177,355 - - (177,355) Deerfield @ Morris Grant - - - - SR 9 @ Bethany Bend Grant 60,000 - - (60,000) GDOT-Signage/Landscaping 4,062 - - (4,062) Interest Revenues 800 19 19 (781) Total revenues 7,505,095$ 19$ 19$ (7,505,076)$ EXPENDITURES Capital Outlay Public Works 8,870,376$ 111,715$ 111,715$ 8,758,661$ Community Development 7,190 - - 7,190 Total Capital Outlay 8,877,566$ 111,715$ 111,715$ 8,765,851$ Excess of revenues over expenditures (1,372,471) (111,696) (111,696) 1,260,775 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (1,372,471) (111,696) City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2013 9 HOME OF'THE BEST QUALITY OF LIFE N' " . EN ENMNEENN�M, LT 0 s F. I- A 3l 11,1 1 1 1 t hIT, CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 6, 2013 FROM: City Manager AGENDA ITEM: Approval of the First Amendment to the Facility Use Agreement between the City of Milton and Hopewell Youth Association for the Purpose of Providing a Youth Baseball Program at Bell Memorial Park. MEETING DATE: Monday, December 16, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (� YES () NO CITY ATTORNEY REVIEW REQUIRED: 0 YES () NO APPROVAL BYCITYATTORNEY (APPROVED O NOTAPPROVED PLACED ON AGENDA FOR: 7 - REMARKS REMARKS ® Youin PHONE: 678.242.2500 � FAX: 678.242.2499 info@cityohnilfonga.us I www.cityofmilfonga.us 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004 Commu_nit FA'�FJ(D RACNIYE M. Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on November 26, 2013 for the December 16, 2013 Regular Council Meeting Agenda Item: Approval of the First Amendment to the Facility Use Agreement between the City of Milton and the Hopewell Youth Association for the Purpose of Providing a Youth Baseball Program at Bell Memorial Park. ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of the First Amendment to the Facility Use Agreement between the City of Milton and the Hopewell Youth Association (HYA) for the purpose of providing a Youth Baseball Program at Bell Memorial Park. Executive Summary: The original agreement was executed on August 2, 2010 and had an expiration date of December 31, 2013. The agreement has worked well for both parties over that period of time. This amendment extends the current contract, with slight modifications, through the first six months of 2014. The upcoming renovation of Bell Memorial Park is tentatively planned for the end of May, 2014. The renovation plan projects the park to be closed for 12 – 14 months. When the park reopens, a totally new agreement will be required. This amendment not only extends the agreement six months, but it also corrects some minor language details, updates the current contacts and authorizes the use of online background checks as an alternative to using the City of Milton Police Department. Funding and Fiscal Impact: This amendment will keep the current financial contributions from the HYA in place. The HYA contributes 15% of all revenue into a reinvestment fund they manage. Late fees and non-resident fees are paid directly to the City of Milton. Page 2 of 2 Alternatives: We have two alternative options. The first is to bid out the service of running a baseball program for what will be one season. The second is to not extend the agreement with the HYA and not offer a baseball program this season. Both options are highly undesirable. Legal Review: Paul Higbee – Jarrard & Davis 11/22/13 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1) First Amendment to Facility Use Agreement for a Youth Baseball Program at Bell Memorial Park FIRST AMENDMENT TO FACILITY USE AGREEMENT FOR A YOUTH BASEBALL PROGRAM AT BELL MEMORIAL PARI This First Amendment to the Facility Use Agreement for a Youth Baseball Program at Bell Memorial Park Agreement dated August 2, 2010 (hereinafter referred to as the "Agreement," a copy of which is attached hereto and incorporated herein as Exhibit "A") is made and entered into by and between Hopewell Youth Association, Inc. (hereinafter referred to as "Association"), and the City of Milton, GA (hereinafter referred to as "City"), with reference to the following: WHEREAS, the parties desire for the term of the Agreement to extend through and terminate on June 30, 2014; and WHEREAS, the parties desire to allow the Association to procure criminal background checks from outside agencies approved by the City; and WHEREAS, the parties desire to require that all volunteers receive formal training in child abuse detection and concussion protocols; and WHEREAS, the parties desire to amend provisions regarding solid waste removal; and WHEREAS, the parties desire to amend provisions regarding cleaning of restrooms; and WHEREAS, the parties desire to amend certain notice provisions; and WHEREAS, the parties desire to ensure that the Agreement comports with State requirements regarding illegal immigration reporting and nondiscrimination. NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreement be amended as follows: 1. Section 3, TERM, of the Agreement is amended to read as follows: "Subject to any provisions of this Agreement relating to earlier termination, this Agreement shall terminate absolutely and without renewal on June 30, 2014." 2. Section 6, BACKGROUND CHECKS, of the Agreement is amended to read as follows: "In order to ensure the safety and well being of program participants, the Association, with the help of the City shall have criminal background checks performed on all officers, board members, managers, assistant coaches, and umpires, aged 18 years and above. All background checks will be conducted by the City and paid for by the Association at a discounted rate of $15, provided that background checks may be conducted by a professional service approved in writing by the City with payment made by the Association directly to such professional service. Upon receipt of all background checks for the season, and per any procedures set out in the City of Milton Parks and Recreation Policies and Procedures Manual, and after further review of the Association board, the Association will disqualify any individual about whom the background check described herein reveals a conviction or plea of guilty or no contest to crimes suggesting it would be inappropriate for the individual to hold a position in the youth baseball program. An initial background check shall be performed prior to an individual performing any functions of the program and annually thereafter no later than December 31 of the calendar year following the last background check in order to ensure that there have been no recent incidents." 3. Section 7, CERTIFICATION, of the Agreement is amended to read as follows: "The Association shall make best efforts to certify all managers, coaches, and assistant coaches thru the Association's current formal certification program. This certification program shall include mandatory on-site training as well as encourage online or other available training opportunities such as those offered through the National Youth Sports Administrators Association, the Georgia Recreation and Park Association, and National Recreation and Park Association. Coaches' certification level{s} should be made available to participants and marketed to prospective participants to communicate the quality of the program to the general public. The Association shall require and ensure that all umpires and officials have received appropriate certification from professional associations of umpires and officials_ The Association shall require and ensure that all Association volunteers receive training, approved in writing by the City, in child abuse detection and concussion protocols." 4. Section 17, TRASH, of the Agreement is amended by amending the first sentence to read as follows: "The City shall provide trash receptacles throughout Bell Memorial Park and will remove trash from the receptacles as appropriate." 5. Section 18, RESTROOMS, of the Agreement is amended by amending the first sentence to read as follows. "The City shall clean and stock the restrooms at Bell Memorial Park as appropriate." 6. Section 30, NOTICES, of the Agreement is amended by replacing the designated representatives of the Association with the following new representatives. Association: Kenneth A. Sisson President, Hopewell Youth Association, Inc. 755 Scotlandwell Place Milton, GA 30004 678-662-7220 Email: ksisson@lrogerselectric.com Copy to: Jeffrey Fester Vice President, Hopewell Youth Association, Inc. 440 South Burgess Trail Milton, GA 30004 678-522-3970 Email: jeffreyfesterpc@bellsouth.net 7. The Agreement is Amended by adding new Section 46, NONDISCRIMINATION, to read as follows: "In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Association agrees that, during performance of this Agreement, the Association, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, the Association agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement." 8. Except as amended by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed by their duly authorized representatives, CITY OF MILTON, GEORGIA HOPEWELL YOUTH ASSOCIATION, INC. Date: .52 Date: Attest: Kenneth A. Sisson, President , Secretary [AFFIX CORPORATE SEAL] EXHIBIT "A" FACILITY USE AGREEMENT FOR A YOUTH BASEBALL PROGRAM AT BELL MEMORIAI, PARK This Agreement is entered into this�day of SLS '2010 by and between the City of Milton, Georgia (hereinafter referred to as "City5 and the Hopewell Youth Association, Inc. (hereinafter referred to as "Association"). 1. PURPOSE. The City and the Association (hereinafter collectively referred to as parties") acknowledge the great value of providing recreational athletic opportunities for youth. The parties to this contract further acknowledge the various assets the parties can 'bring to provide a positive, beneficial recreational athletic experience to the youth of the City. This Agreement is intended to provide the best opportunity for these youth to participate in an enjoyable athletic league experience and should be interpreted first and foremost in the best interests of the participants of the programs described herein. In addition, the parties recognize that the City is and should be primarily interested in providing such services to the youth living in its jurisdiction and that those youth should be given priority and preference in the enjoyment of the benefits provided pursuant to this Agreement. The parties understand that the benefits of both a recreational and a competitive youth baseball program and intend to provide primary status to the recreational program while acknowledging the additional benefit of the competitive program. The parties understand that there are differences in the treatment of recreational and competitive programs and have provided for these differences with the inclusion of Exhibit A, containing provisions related to the competitive programs. 2. GENERAL AGREEMENT. Pursuant to the terms and conditions spelled out herein, the City agrees to provide the Association with use of the facilities, including bail fields, concession stands, and the Bennett House (collectively referred to as "Facilities"), located at Bell Memorial Park ("Park"), pursuant to the scheduling and usage provisions detailed in Paragraph 15, without charge and the Association agrees to provide a youth baseball program subject to the provisions described in this Agreement and for the purposes set forth in Paragraph 1, above. The recreational sports program described herein shall be designed as a program where all children who register under association and/or city guidelines will be able to play on a team that matches their age and ability in league play. Use of the Facilities granted herein shall be Limited to practices, games, meetings, tryouts, opening day activities, and post -season all-star activities (so long as the alt -star teams are comprised solely of participants in the recreational spurts program for the season) for the recreational league. 'This agreement shall also detail specifics related to a facility usage agreement for the purpose of providing a limited travel program in addition to the recreational program (see Exhibit A). In the event that any of the language in Exhibit A conflicts with the this Agreement, the terms of this Agreement shall control. The recreational and/or travel program described herein and for which use of the Facilities is granted expressly does not include special tournaments outside of regular Ieaguo play, which such teams and tournaments stall require separate agrcemcxits between the parties. 3. TERM. Subject to any provisions of this Agreement relating to earlier termination, the initial term of this Agreement shall be from August 1, 2010 thru December 31, 2013. This Agreement will automatically renew for three (3 ) successive one year periods beginning on January I of the succeeding calendar year and ending on December 31 of the succeeding calendar year without the action of either party unless either party delivers written notice of non -renewal to the other party by no later than October 31 of the then current calendar year. If written notice of non -renewal is given, this Agreement will terminate upon the expiration of the them current calendar year. Nothing stated herein shall obligate either party to extend this Agreement beyond the initial term of any of the succeeding calendar year terms. Neither party will have any further obligation to the other beyond the expiration or termination of this Agreement. 4. CONFLICT OF INTEREST, In order to prevent possible conflicts of interest, no Association officer, or board member, city staff., parks and recreation board member, or elected official (or their immediate family member) may be employed or otherwise financially involved with any commercial or private enterprise that provides goods or services to the Association (including, but not limited to tournament hosting, professional services, athletic equipment, apparel, and sports photography, with the exception of those youths participating in the youth employment programs, and previous arrangements prior to the execution of this Agreement). The City shall immediately notify the Association of any challenge to the eligibility of a potential or existing officer, or hoard member. Conversely, the Association shall notify the City of any challenge to the eligibility of a vendor. In the event the City establishes an approved vendor list, the Association will make all reasonable efforts to ensure that its vendors are either on the list or submitted to the City for addition to the City's approved vendor list no later than seven (7) days after the award. If an Association officer of board member (or their immediate family) submits to a request for goods or services, the following protections must be in place for their continued participation: a. A formal bidding process, that is sufficiently documented, shall be used for the procurement of these goods and services, including, but not limited. to, obtaining a minimum of three vendors to respond to such bid, and b. The affected officer or board member shall recuse themselves from any approval of the solicitation, and C. Notify the City of this exception no less than seven (7) days after the award. 5. OTHER RULES. In addition to the terms and conditions set forth in this Agreement, the Association shall comply with all laws, statutes, ordinances, rules, orders, regulations and requirements of federal, state, county and city governments vvhere applicable. G. BACKGROUND CHECKS. In order to ensure the safety and well being of program participants, the Association, with the help of the City shall have criminal background checks performed on all officers, board members, managers, assistant coaches, and umpires, aged 18 years and above, All background checks will be conducted by the City and paid for by the Association at a discounted rate of $15. Upon receipt of all background checks for the season, and per any procedures set out in the City of Milton Parks and Recreation Policies and Procedures Manual, and after further review of the Association board, the Association will disqualify any individual about whom the background check described herein reveals a conviction or plea of guilty or no contest to crimes suggesting it would be inappropriate for the individual to hold a position in the youth baseball program. An initial background check shall be performed prior to an individual performing any functions of the program and annually thereafter no later than December 31 of the calendar year following the last background check in order to erasure that there have been no recent incidents. 7. CERTIFICATION. The Association shall make best efforts to certify all managers, coaches, and assistant coaches thru the Association's current normal certification program. This certification program shall include mandatory on-site training as well as encourage online or other available training opportunities such as those offered through the National Youth Sports Administrators Association, the Georgia Recreation and Park Association, and National Recreation and Park Association. Coaches' certification level(s) should be made available to participants and marketcd to prospective participants to communicate the quality of the program to the general public. The association shall require and ensure that all umpires and officials have received appropriate certification from professional associations of umpires and officials. S. DISCIPLINARY PANEL. The Association shall establish and maintain an- Athletic n,A.thletic Disciplinary Parcel to resolve disputes with respect to application of the Association's rules related to competition and participation in the recreation program. This responsibility shall fall on the Association's Director of Coaching where he shall evaluate each dispute and make a recommendation to the Executive Committee of the Association's Board of Directors. 9. REGISTRATION. The Association will conduct recreational program registration in a total of four separate phases for each season (See Exhibit A, Paragraph. 4, for Travel Team Registration). Not less than fourteen (14) calendar days prior to the first phase of registration, the Association shall provide via electronic email, notice to the City and the general public of the registration schedules and procedures for the upcoming season. Notification of the registration schedule to the general public shall include posting on the Association's website, delivery of an electronic version of the schedule in a form such that the City can post the schedule on its website, and email release to previous Association participants, In the first phase, to be held not less than fourteen (14) days prior to the second phase of registration, youths who are residents of the City shall be entitled to register first. Not less than 14 days from the initial announcement of phase one registration, during the second phase of registration all veteran players of the Association with a minimum of (1) one season of play during the previous calendar year in the Association's recreation programs, shall then also be entitled to register regardless of residence. The Association will then conduct the third phase of registration for the general public and shall then also be open to youths regardless of residence. The fourth and final phase of registration will be considered late registration and will include a late fee assessment of $75 per registration in addition to all other required registration fees. Once registration is complete, all of the registrants shall be treated in all respects equally regardless of the phase in which they registered, The parties agree that all Association officers and board members will receive one (1) no - charge registration for one child registered in the Associations recreational or travel baseball programs. In the event that more than one child is registered in the recreational or travel baseball programs, the higher registration fee snail be waived. Both parties acknowledge this is the only form of stipend, benefit, or payment to an officer or board member for their service to the Association. Non-resident fees will be collected for all Association officers and board members. All (registrants for recreational or travel baseball who are not residents of the City snail pay an additional fee ("non-resident fee"), This fee shall be 50% greater than the established resident registration fee. Prior to the first game of each season, the Association shrill provide to the City, a list of the registrants' names, addresses, reported city of residence, ages, and phone numbers. 10. RESIDENT FEES. The Association will charge reasonable fees to participants for participation in the recreational programs authorized herein. The fees shall be sufficient to cover the reasonable expenses associated with the operation of the recreational programs and the reinvestment requirement described in paragraph 12, below. The fees shall not be used to financially benefit any officers, directors, or .members of the Association. At least two weeks prior to the start of registration, all proposed fees and charges must be submitted and approved by the Director of Parks and Recreation. 11. NUN -RESIDENT AND LATE FEES. All non-resident fees paid during registration over and above the resident registration fees shall be collected by the Association and paid to the City no later than prior to the first game of the season. Such fees will he kept in a separate Reinvestment fund by the City for additional park maintenance and capital improvement purposes. Upon receipt of the Association's registration data, the City will research each registrant to confirm the accuracy of the reported city of residence. Any discrepancies from the City research will be reported back to the Association prior to the third game of the season. The Association will make reasonable efforts to contact the registrant and obtain proof of residency or require the registrant to pay the non-resident fee as outlined in section 11 above. The Association shall disallow any participant from playing and/or practicing until the fee is paid. The Association will provide the collected non-resident fees described in this paragraph to the City at which time will then be transferred into the Reinvestment Fund. 12. REINVESTMENT. Of the registrations fees and other monies collected (including concession fees and major fundraising projects and excluding individual team fundraisers) by the Association for the youth baseball program, the Association shall transfer no less than 15 percent (15%) to an Association capital fund on an armual basis for improvements to the fields or facilities located at the Park. All reinvestment work performed by the Association or its contractor shall be subject to provisions in Paragraph 22. 13. FINANCIAL REPORTING. No later than April 15 of the year following each annual term of this Agreement, the Association shall provide to the City Manager full financial reports, including filed taxes, beginning and ending balance sheets and an annual income and expense, report detailing the amounts and sources of income (including, but not limited to, resident fees, supplemental fees, concessions, grants, fundraisers, advertising) and expenses of the Association for the previous calendar year, prepared by an independent certified public accountant, and signed by the Association Hoard verifying the accuracy of the information contained therein. Also, no later than April 15 of the year following each annual term of this Agreement, the Association shall provide to the Director of Parks and Recreation documentation and receipts of payment with respect to arnmints reinvested in the fields and facilities In addition, by June 30 and November 30 after the end of each season, the Association shall provide to the City Manager an accounting of program fees, fund raisers and other income collected and the expenses incurred by the Association with respect to recreational programs at the Park during the season. 14. INSURANCE. The Association shall procure at its own expense and shall maintain for the term of this Agreement the following insurance (with limits as shown herein) and shall protect the Association and the City from any claims for property damage or personal injury, including death, which may arise out of operations under this Agreement, and the Association shall furnish the Director of Parks and Recreation with certificates of such insurance with the City as an additional named insured by January 15 each year prior to use of the facilities: a. Comprehensive General Liability Insurance providing coverage with $1,000,000.00 single limit for bodily injury and property damage for each occurrence including contmcwr's liability insurance covering any indemnification or hold harmless provision of this Agreement. The insurance coverage required herein shall not be cancelled or materially altered, or allowed to lapse until thirty (34) days' written notice has been received by the Director of Parks and Recreation, and it shall be the Association's responsibility to see that each company providing this coverage understands and complies with this required notice. Such policies shall be primary and tion -contributing with or in excess of any insurance carried by the City. The Association shall not do any act which may snake void or voidable any such policy or any other insurance on the facilities. The Association shall further (a) require each of its subcontractors to procure and to maintain during the term of his subcontract, subcontractor's general liability and property damage liability insurance of the type and in the same amounts as specified in this section, or (b) insure the activities of the Association's subcontractor in the Association's awn insurance policy. A current certificate showing proof of insurance shall be provided to the Association prior to any award of contract. Such subcontractors include any firm or contractor hired by the Association to perform services. All subcontractors used by the Association will be required to provide the Association a valid and current insurance certificate showing proof of coverage. The Association will not use a subcontractor if proof of insurance cannot be provided prior to starting any work. The certificate shall be amended prior to work beginning listing the City and Association as additional insured. It is the responsibility of the Association to insure any contents stored in any concession sitwlds, of[iucs, or ether storage buildings. 15. SCHEDULING AND USE. The Association agrees to provide the City with a written general schedule of games and practice times the Association desires to use the fields and facilities prior to the first scheduled assessment or tryout. The Association shall request the issuance of a permit by the City for the times identified in the schedule. Upon receipt of all preseason materials required by this Agreement, the City will issue a Facility Use Permit. It is understood by both parties that this schedule can be of a general nature with blacks of time required for games and practices; however the Association's use of the Facilities shall be limited to those rimes set forth in the Facility Use Permit and shall not be used for any purposes other than the youth baseball program described herein. Should the requested times not be needed by the Association, the City will be notified by the Association and those times will be made available for other recreation prograuuning or for use by the general public, Other than the times set forth in the Facility Use Permit issued by the City, the fields and facilities shall be available to the City and/or general public on a first-come first-served basis and the Association shall have no special rights or privileges. The Association may not prohibit public access to fields and facilities during unscheduled tithes. The Association may not manipulate fields and facilities at the expense of public access rights. The Association must receive written permission from the City to use Association locks on buildings, light boxes, and gates. If such permission is granted, the Association must furnish the City with a tagged key to each lock. Failure to provide such keys will result in the locks being cut. The City, or any of its agents or employees, shall have the right to enter upon the said premises at any time during the term of this Agreement to examine, inspect, or supervise as deemed necessary by the City. 16. SAFETY. In accordance with the Georgia Recreation and Park Association's policy concerning outdoor activities in extreme heat, as a condition of using the city sports facilities, the Association trust abide by the following: Association activities "will not be held under hazardous conditions such as severe weather that includes high winds, heavy rain, and lightning, and also conditions where air quality is at an index greater than 100 or surface smoke has been identified as unsafe." In addition, the Association shall adopt and follow guidelines for dealing with hazardous weather or field conditions. The Association is responsible for operating the youth baseball program in as safe an environment as possible. All sports equipment must meet national safety standards with regular documented inspection as to the condition of the equipment performance. This includes equipment rented, leased, donated, or loaned to participants by the Association. All fields should be inspected before each use to insure a safe environment. The Association shall insure that no less than one coach or assistant coach is on duty when teams or players occupy the facilities. The Association roust have a sufficient number of mature representatives present to supervise all scheduled activities from the time the participants arrive until the area has been completely vacatcd. The Association shall maintain and have readily available a first aid kit to deal with cuts, bruises, and other minor injuries that may occur daring activities. The Association is encouraged to arrange for the availability of defibrillators with trained members at the facilities. 17. TRASH. The City shall provide trash receptacles throughout Bell Memorial Park and will remove trash from the receptacles daily, twice per day. The Association shall be responsible for daily clean-up, placing litter in proper containers, and cleaning the concession stands, bleachers, fields, dugouts, or any other areas used by the Association prior to leaving the facilities after each function (games and practices). The Associations is empowered by the City to and shall have the ability and right to police the Facilities for littering. If litter removal or clean up for each function is not done by the Association in a reasonable amount of time, then the City will immediately notify the Association and the Association will send out members or staff to clean up such areas within 24 hours. The Association shall promote and encourage proper trash disposal to coaches, parents, and team members. 1$. RESTROOMS. The City shall clean and stock the restrooras at Bell Memorial Park twice per day each day of the week. The Association will make every effort to monitor the restrooms during its use of the facilities. The Association shall arrange for daily inspections to ensure that the restroom facilities are not being darnaged. The Association will abide by the requests of the City to either lock the restrooms or leave them open after each function. These requests will be provided to the Association in writing based on the other events and users occurring in the park. Repairs to damages to the restroom facilities that can be traced to acts of the Association's members or the failure of the Association to take actions required by this agreement shall be charged to the Association by the City, and paid by the Association within 30 days of written notice of a charge. 19. FIELD MAINTENANCE. The Association shall be responsible for maintenance for all fields inside of Bell Memorial lark including but not limited to ,,cowing the grass portions of the infields and outfields, maintaining and servicing the "dirt" portions of the fields, preparing bases, mounds, and. fences, and applying lines. The Association shall be responsible for providing any materials or supplies necessary to perform the maintenance. The City shall be responsible for snowing the grass on all areas outside of the fenced areas of the ball yields, as needed. The City shall be responsible for providing any materials or supplies as needed for this function. 24. UTILITIES. The City will supply water to the fields and facilities. The City will provide all utilities associated with the Bennett IIouse. The City will provide electricity to the fields and concession stands. Should water or electricity usage exceed the scheduled usage, the City may impose a fee or require the Association to share in the excessive cost within 30 days of notification by the City. The Association will be responsible for watering the fields in full compliance with all county, and city laws, rules, regulations, and published policies with respect to water use. To the extent the City is required to pay any fines, fees, or other penalties as a result of the Association's violation of this section, the Association shall reimburse the City of any such ,penalties no later than seven (7) days after receiving written notice firom the City of the amount of the penalty. The Association will provide the City a regular schedule of the times and days proposed for watering at least one week prior to each season. The Association will provide the City a schedule of the hours field lighting is required at least one week prior to each season. The Association will ensure the field lights are turned on and off, according to the agreed upon schedule. The Association and City will have access to the field lights or timers and are responsible for keeping them lacked at all times; however the Association is responsible for turning the field light-, on or off. If the Association fails to adhere to the schedule, the City may levy a fine to the Association for each occurrence for its negligence or error (not including acts of nature), in an amount not to exceed $100 per occurrence. 21. INDEMNIFICATION. Each party shall protect, defend, indemnify, and hold harmless each other, its Council members, officers, employees, successors, assigns, and agents from and against any and all claims, suits, losses, liabilities, damages, deficiencies, expenses, or costs (including, but not limited to, reasonable attorney's fees, investigative and/or legal expenses, and costs of judgment, settlements, and court costs) (hereinafter referred to as "Claims' } suffered or incurred by such parties whether arising in tort, contract, strict liability, or otherwise and including, but not Iimited to., personal injury, negligence, wrongfisl death, or property damage, regardless of the outcome of any such action, proceeding, or investigation caused by, related to, based upon, or arising out of the Association's use of the Facilities, provision of Athletic Programs or activities, or otherwise, excluding Claims caused by the sole negligence of the City or Claims caused by the sole negligence of the Association. The language of this indennnification clause shall survive the termination of this Agreement, even if this Agreement is terminated for convenience by either party. 22. REINVESTMENT, REPAIRS AND ALTERATIONS. The Association shall obtain prior written approval and consent from the Director of Parks and Recreation before making any major repairs, or any improvements, additions or alterations to any of the Facilities. Notwithstanding whether or not prior written permission was obtained, ail improvements, additions, or alterations to the Facilities shall become the property of the City and remain upon said premises and be surrendered with the premises at the termination of this Agreement. If the Association fails to obtain prior written permission from the City, the City may levy a line to the Association in the atnount of $100 per occurance. This fine does not affect the standing of this agreement. The Parks and Recreation Director or designee shall respond in writing on city letterhead or via electronic mail to all such written requests within five (5) business days. All reinvestment, repairs, or alterations shall be subject to the general provisions of this Agreement requiring the Association to obtain the City's prior approval for any additions or changes to existing fields and Facilities and providing that any such additions or changes shall become the property of the City. To the extent any reinvestment work is to be performed by any party other than the Association, any such contract or subcontract agreement for the provision of such services5raprovements shall be in a form approved by the Director of Parks and Recreation and such contract shall not be executed without the prior written consent of the Parks and Recreation Director. The Parks and Recreation Director shall respond, in any way, within five (5) business days of receiving a written request for contract approval. 23. VANDALISM. The Association is responsible for reporting all acts of vandalism to the facilities or Association property to the City not later than the next working day after detection of the vandalism. A copy of the police report must be filed with the City. If the damage is a result of Association members' negligence or failure to comply with accepted operational or security measures, the Association will be responsible for making the necessary repairs or for reimbursing the City for all or part of any repair costs incurred by the City, at the City's discretion. 24. CONTROL OF BEHAVIOR. The Association is ernpowered by the City to and shall control the behavior of participants and spectators during the functions (games and practices) to the same extent the City is so empowered. All City policies and ordinances shall be enforced by the Association. The Association can eject an unruly or dangerous participant, coach, parent, or spectator from the premises during sporting events. This authority may be exercised only by an Association board member, coach, or umpire. 25. NUISANCE. The Association agrees to take any action necessary to prevent or correct any nuisance or other grievances upon, or in connection with, said premises during the terms of this Agreement. 26. MEMBERSHIP MEETING. The Association shall conduct at least one (1) membership meeting each season at a time and place fixed by the Association, at which the City shall be entitled (but not obligated) to have a representative present, for the purpose of addressing any concerns with respect to the operation and conduct of the recreational program described herein. The Association shall make reasonable efforts to notify all participants of each meeting at least one (1) month prior to the meeting including, but not limited to distribution of flyers to participants at practices or games, email release to current participants, and posting on the Association website. 27. CUMULATIVE RIGHTS. The rights of the City under this Agreement shall be cumulative, and the failure of the City to exercise promptly any right hereinafter shall not operate to forfeit or waive any of those rights. 28. DEFAULT. If the Association defaults on any obligation under this Agreement or violates any term hereof, the City may immediately terminate this Agreement. In the event of such termination the Association shall be liable to the City for any unpaid or unperformed portion of the reinvestment funds for such term. If the City defaults on any obligation under this Agreement or violates any term hereof, the Association may immediately terminate this Agreement. In the event of such termination, the Association shall be liable to the City for any portion of the reinvestment funds, including unpaid or unperformed, for such term. 29. ATTORNEY'S FEES. The parties agree to pay the cost of any legal proceedings, including all attorney's fees and court costs that are reasonably incurred by the other party on account of or because of the violation or alleged violation of any terms or provisions of this Agreement. 30, NOTICES. Any notices required to be sent to the parties pursuant to this Agreement shall be hand delivered, mailed, or faxed to the following: Association-- Marc Fein President, Hopewell Youth Association, Inc. 5665 Atlanta 14wy, Suite 103-321 Milton, GA 30004 Home: 578-393-6375 Cell: 678-296-7113 Email: marc.fein@turner.com Copy to: Scott Stachowski Vice President, Hopewell Youth Association, Inc. 3154 Chipping Woad Court Milton, GA 30004 Home: 770-663-6340 Cell: 678-910-7653 Email: sswchowski@bel]-Qouth.net Any notices, reports, approval requests, applications, or other documents required to be sent to the City pursuant to this Agreement shall be sent to the following: For Termination Notices, insurance Certificates, and Financial Statements to: City Manager Chris Lagerbloom 13000 Deerfield Parkway, Suite 107 Milton, Georgia 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: cMs.lagerbloom@cityofinittonga.us For all other notices, reports, approval requests, applications, or other documents to: Director of Parks and Recreation Cyndee L. Bonacci 13000 Deerfield Parkway, Suite 107 Milton, Georgia 30004 Phone: 678-242-2489 Fax: 678-242-2499 Email: cyndee.bonacci@ci(yofmiltonga.us 31. CITY'S MARKETING OBLIGATIONS. The Association will comply with any contractual marketing requirements with respect to sale of food and beverages in the concession stands after receipt of a notice of the requirements from the City_ The Parks and Recreation Director will consult the President of the Association, or his/her designee, in any contractual marketing agreements affecting the Park. 32. ASSOCIATION STATUS. It is the understanding of the City and the Association that nothing contained in this Agreement shall be interpreted to assign to the Association any status under this Agreement other than that of an independent Association. 33. IMMUNITY. Nothing in this Agreement shall be construed as a waiver of governmental iminunity by the City, its nfficm or employees. 34, COPIES. It is agreed between the City and the Association that this Agreement shall be executed in duplicate so each party to this Agreement has an original, which may be used for any purpose for which the original may be used. 35. NO ASSIGNMENT. Neither party shall have the right to assign the interest it holds in this Agreement. 36. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Georgia. 37. NON-DISCRIMINATION. The Association shall not deny participation in any park nr program based on race, color, national origin, religion, sex, age, or disability. 38. ADDITIONAL CITY POLICIES AND PROCEDURES. The Association members agree to abide by all City policies and procedures in place at the time of execution of this Agreement and any future policies and procedures or revisions to existing policies and procedures upon receipt of notice of such new or revised policies and procedures. 39. LIMITATION OF AGREEMENT. The fields and facilities shah not be used for any purpose other than those designated within this Agreement without the written consent of the City. The Association may not host any additional tournament, clinic, camp, or other function, without execution of a separate agreement. 40. ACCOUNTABILITY. The Association's rights and the City's obligations with respect to this Agreement are expressly conditioned on the Association's compliance with all reporting and documentation requirements of this Agreement. (See, e.g., paragraphs 6, 7, 9, 10, 11, 12, 13, 14, 15, 20, 40, and 42.) In addition, the Association shall provide to the City and maintain a current copy of the Association's by-laws, articles of incorporation, and lists of oillcers and members of the Board of .Directors of the Association, including names, addresses, and phone numbers. Should the Association fail to comply with any of these requirements, the City may, but shall not be obligated to, terminate this Agreement. This provision is intended to be cumulative and shall not limit any other rights the City may have under this Agreement. 41, ADVERTISING. The Association shall not post any advertising of any kind at or on the facilities without the prior written consent of the City. The City acknowledges that the Association has a bawler advertisement program already in place. Signs are allowed on the outfield fences, with any revenues subject to 15% of such revenues for reinvestment per the procedures in paragraph 12 and subject to constraints and pruwdures Iisted in the current vcrsicrt of the City's parks and re:creatiun procedures manual and the City sign ordinance. The City agrees to waive any sign permit fees that are able to be waived and the Association agrees to comply with the sign ordinance or any other regulation related to such advertisements. 42. NON-PROFIT STATUS. The Association must register with the Secretary of State's office as a non-profit organization. Proof of the Association's continued non- profit status must be submitted to the City on an annual basis. 43. CONCESSIONS. The Association may use the concession stands and the Betvtett House during the term of this Agreement with all revenue, subject to 15% reinvestment and the procedures listed in paragraph 12. The Association shall be responsible for general upkeep of the concession stands and the Bennett House during the term of this Agreement. 44. ASSOCIATION BOARD REPRESENTATIVE/MEMBERSHIP. The Association shall include at least one (1) representative of the City's parks and recreation department on correspondence and shall be included in any and all meetings of the Board. This City representative is not a voting member, and serves no role or responsibilities except for representing the City. No more than 25% of the members of the Board shall reside outside of the City of Milton, The Association will actively encourage city residents to run for Board. of Director positions. 45. ADDITIONAL FACILITY USAGE AGREEMENTS. Should opportunities arise for use of additional City or City shared facilities by the Association, this agreement may be amended to include such facilities. CITY OF MILTON: f s Fahw6d%ecreafi6li Director Mayor HOPEWELL YOUTH ASSOCIATION: Marc Fe , YA PiVsident HYA Vice President Date Date Date g—lq-201 Date EXHIBIT A FACILITY USE AGREEMENT FOR YOUTH BASEBALL TRAVEL TEAMS AT BELL MEMORIAL PARK I. PURPOSE. The parties acknowledge the great value of providing athletic opportunities for youth and popularity of and demand for competitive baseball teams at various age levels in the City that travel to out -of -city games and tournaments {"travel teams"). The parties desire to provide travel teams with an opportunity to use Bell Memorial Park pursuant to a democratic selection process as schedules and field space allow. Should a conflict arise between facility use for the recreational program and travel program, the conflict shall be resolved in favor of the recreational program. 2. TRAVEL TEAMS — DEFINITION. Travel teams are defined for purpose of this agreement as competitive teams made up of players with higher level skills and abilities than those in the recreational program that must travel to or play other teams from outside of the park for competitive games. Travel teams are established prior to the fail season and are generally considered an annual commitment starting in July /August and continuing through the spring season to July of the next calendar year. 3. GENERAL AGREEMENT. Subject to the terms of the main agreement, including but not limited to Paragraph 2 thereof, and the terms and conditions spelled out herein, the City also agrees to provide the Association with use of the facilities at Bell Memorial Park for sanctioned Association travel teams. The Association agrees to provide a competitive baseball program subject to the provisions described in this Agremnent grid for the purposes set forth in Paragraph 1, above. The Association shall allow no more than six (6) travel teams total, including one (1) 81h grade high school feeder team and no more than two (2) travel teams from any of the 9-10 year old, 11-12 year old, and 13-15 year old age groups to use the Facilities pursuant to this Agreement unless written authorization is provided by the City. The Association shall select the travel tearns entitled to use the Facilities and the specific times the chosen teams may use the Facilities pursuant to this Agreement by an equitable process, which shall include a decision by the Board of Directors of the Association prior to each season. The process for selection of travel teams shall be set forth in a binding resolution of the Board of Directors and shall be approved by the City prior to its formal adoption. The baseball program described herein shall be designed as a program where children ages 9 through 15 are chosen to compete based on ability at the discretion of the Association in order to compete on a travel out -of -park team. Notwithstanding any provisions to the contrary, no more than fifty percent (50%) of the team members on each travel team shall be non-residents of the City, except where the Association provides documented evidence of good faith efforts in soliciting, reviewing, and selecting Milton residents for a particular team and asks for and receives approval from the Dirmtor of Parks and Recreation. Use of the Facilities granted herein shall be limited to practices, games, meetings, and tryouts for the team(s) chosen by the Association. The program described herein and for which use of the Facilities is granted expressly does not include tournaments outside of regular practices, games, meetings, and tryouts, which such tournaments shall require separate agreements between the parties. The Association shall be responsible for the actions of the travel teams and accepts responsibility for compliance with the terms and conditions of this Agreement by the individual travel teams. If the demand for the recreational program increases such that insufficient space is available for the maximum number of travel teams indentified in this agreement, the Association will consult the City regarding winch travel team is dropped for the year and provide justification for their recommendation if another City and/or City shared facility is not available to the travel program. 4. REGNTRATION. The Assnciat:inn will chnnse the participents for its program according to schedules and guidelines set by the Association and charge the fees as described in Paragraph 9, 10, 11, and 12. Prior to the first game of the season, the Association shall provide to the City, a list of the registrants' names, addresses, reported city of residence, ages, and phone numbers. 5. HYA TRAVEL TEAM SELECTION PROCESS. In order to have a set process in pla= to be able to cornpete for the travel team players that reside in the City of Milton before they are selected by another travel team with an earlier tryout the travel team selection process Hili be as follows: a. HYA will send an announcement to the HYA participants before June 1, indicating that tryouts for the next year HYA Travel Teams will be held between mid July and early August. The specific dates and tithes will placed on the HYA website by June 30 and communicated again when posted. Potential players will be instructed to monitor the Hopewell website for the exact dates and times for their appropriate age team. b. HYA will provide to the City of Milton the same announcements for posting to the City's website. c. Specific team announcements will be posted by June 30 on the two local travel association websites (Lanier Baseball and Northwest GA Baseball) indicating specific tryout dates and times. The website addresses are; www.lanierbaseball.com and www.nwgabascball.org/contact.html. d. An HYA travel team tryout announcement will be published in the Milton Herald by June 30. Each Travel Team Coach/Manager will then conduct tryout(s), with a variety of stations that stimulate skill situations (hitting, fielding, throwing/pitching and catching) and will use the following criteria to evaluate and select the team; talent, desire, coach -ability, attitude, effort and family commitment. 6. SCHEDULING AND USE. The Association shall request the issuance of a permit by the City for the times identified for practices and games. Upon rcacipt of all materials required by this Agreement, the City will issue a Facility Use Permit for travel teams separately from the recreational program Facility Use Permit, It is understood by both parties that this schedule roust be specific enough to allocate blocks of time to the fields as required for games, tryouts, meetings, and practices so as not to interfere with the recreational program's use of the fields pursuant to the Recreational League Agreement. The Association's use of the Facilities shall be limited to those times set forth in the Facility Use Permit and shall not be used for any purposes other than the program described herein. HOME OF'? !-+ E3FS1 LTON*k FSTAB ISFRO 20(io CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 6, 2013 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for Geotechnical Work at Bell Memorial Park. MEETING DATE: Monday, December 16, 2013 Regular City Council Meeting BACKGROUND INFORMATION.- (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. x APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: x YES () NO CITY ATTORNEY REVIEW REQUIRED: 0 YES () NO APPROVAL BY CITY ATTORNEY (APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS You PHONE: 67$.242.2500 � FAX: 67$.242.2499 rulpfig wo "Green�'op : V -JR � infoOcityofmiltonga.us I www.c# ofmllton a.us MANN COfnlnun�t 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 `E""`'E° BFICNZE Page 1 of 1 To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: Submitted on December 6, 2013 for the December 16, 2013 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for Geotechnical Work at Bell Memorial Park. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This contract provides for professional engineering services related to a geotechnical work in support of the final design documents for the renovation of Bell Memorial Park. Staff is recommending approval of a Professional Services Agreement with Universal Engineering Sciences, Inc. in the amount of $3,500. Funding and Fiscal Impact: Funding for this project is available in the Capital Projects fund Trails/Park & Trail Expansion account. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 11/13/2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement HOME OE M1L1U'N*k ESTABLISH -M PROFESSIONAL SERVICES AGREEMENT BELL MEMORIAL PARK GEOTECHNICAL STUDY This Agreement made and entered into this A— day of A14?j1e_, in the year 2013, 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 1070, Milton GA 30004 and Universal Engineering Sciences, Inc. ("Consultant") having its principle place of business at 3040 business Park Drive, Suite F, Norcross, Georgia 30071. WHEREAS, the City of Milton will require certain professional public works services beginning on November 25, 2013 and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation 1.1 The Consultant agrees to provide all Services specified in Exhibit "A", attached hereto and incorporated herein by reference. 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. 1.2 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 $3,500 plus a daily rate of $1,400 if additional clearing is required and approved in writing by the city (the "Contract Price") for the work described in Exhibit "A," 1.3 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. 1.4 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. 1.5 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 Consultant. 1.6 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 $5,000, must be approved by resolution of the Milton City Council. 2.0 Independent Contractor 2.1. 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, license or approvals that may be necessary for the performance of the services. 2.2 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. 3.0 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 tortuous 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 2 other employce benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance (1) 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 if 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. (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 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 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. (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) 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 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANIL (6) Verification 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 4 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 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 -consultants 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. 5.0 Term; Termination The term of this Agreement shall be from November 8, 2013 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2013, 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, 2013, shall automatically renew on January 1, 2014 to December 31, 2014. 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 from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 6.0 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. 7.0 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. 5 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise 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_ 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 11.0 Interpretation 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. 12.0 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. 13.0 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. 14.0 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. 15.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: 311 NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Universal Engineering Sciences, Inc. 3040 Business Park Drive, Suite F Norcross, Georgia 30071 Attn: Scott Thomson, PE 16.0 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 amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not 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 and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit 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: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "B" and "C" (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 conducted a verification, raider the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hcrcaftcr accepted by the E-Vcrify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "B", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300- 10-1-.02. 7 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 O.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 "C", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed .and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit Pursuant to O_C'_G_A. § 13-10-91, 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. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, 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 their 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 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 agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. +' 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. 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. 18.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all 8 applicable implementing regulations and shall include the provisions of this Section 18.0 in every subcontract for services contemplated under this Agreement. 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. [SIGNATURES ON THE FOLLOWING PAGE] 9 SIGNED. SEALED, AND DELIVERED In the presence of: �!a�t Witness (C orate Secretary should attest) 57T-6 e Print e Nataty Publi Universal ui e gi ;tiences, Inc. a Signature -&,-' F h-10 m god Print Name gran eb Man.G ff Title I[Af ATE SEAL r►nluu [NOTARY SEAL]samemw Notary j,ubKo HeWCourty,619orgla Mrs Commission Fxpires: MYCommlesionExpkea942016 9--g -A/ MILTON CITY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] SIGNED. SEALED. AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: 10 EXHIBIT «Asp SCOPE OF WORK U NIVERSAL LOCATIONS: • Atlanta • Daytona Beach ENGINEERING SCIENCES 93 ' Fort Myers • Fort Pierce Consultants In: Geotechnical Engineering + Environmental Sciences Gainesville Geophysical Services • Construction Materials Testing • Threshold Inspection Jacksonville Building Inspection • Plan Review • Building Code Administration Kissimmee • Leesburg • Miami + Ocala P�mCoa�d9uarters) November 12, 2013 • Panama City • Pensacola City of Milton Rockledge 13000 Deerfield Parkway Saraso • Tampax Suite 107G West Palm Beach Milton, Georgia 30004 Attention: Mr. Carter Lucas Reference: Proposal For Geotechnical Services Bell Park additions Hopewell Road Milton, Georgia UES Proposal No. 1630.1113.00003 Dear Mr. Lucas: Universal Engineering Sciences (UES) appreciates the opportunity to submit this proposal for the aforementioned property in Milton, Georgia. This proposal presents a brief confirmation of our understanding of the project, the geotechnical and environmental work scope, and our compensation. In preparation of this proposal, we have reviewed your email dated November 7, 2013 and previously performed a preliminary geotechnical evaluation for the project. Project Information We understand that the City of Milton plans to expand the existing Bell Park off Hopewell Road. A pian showing ball fields and parking along with the proposed boring locations was provided. Based on aerials, it appears the site is accessible to our ATV mounted drill rigs. Subsurface Exploration Program As requested propose to explore the site with 17 soil test borings. The borings will be extended to depths ranging from 10 to 25 feet below the existing grade. A total of 220 feet its planned. All borings will be extended to their predetermined termination depth or auger refusal whichever occurs first. We have assumed the site is accessible to an ATV drill rig. We have not included in this scope any provisions for clearing the site with a bulldozer. The exploration data will be analyzed by our geotechnical engineering staff and discussed with you, and a formal geotechnical report will be submitted. This report will include the findings of the exploration and our geotechnical conclusions and recommendations regarding: Site preparation measures including stripping and the need for any special undercutting or stabilization; Ground water control, if needed; 3040 Business Park Drive, Suite F 0 Norcross, Georgia 30071 0 (770) 242-6438 0 Fax (770) 242-6980 www.UniversalEngineedng.com Bell Park additions Milton, Georgia • Potential for rock; • Excavation; • Suitability of on-site soils for use as structural fill; and • Fill compaction requirements. Compensation and Time Schedule Compensation for our services will be on a lump sum basis. UES Proposal 1630.1113.00003 November 12, 2013 Subsurface Exploration $3,500.00 We have not included in our price any monies for clearing with a bulldozer, based on aerial photographs of the site, it will not be required. If it is required, we can subcontract these services for a daily rate of $1,400.00. Any required permits will be the responsibility of others. The work can be started within one week from authorization. We expect to complete the work and submit a formal report within three weeks from authorization. We will verbally discuss pertinent findings of our work with you as they are obtained. Should a stricter time schedule be required, please advise us of this. Closure A copy of our Agreement for Services is included as part of this proposal. If this proposal is accepted, please sign and return one to us. We look forward to working with the City of Milton during development of this project. Please do not hesitate to contact us with any questions you may have regarding the proposed work or compensation. Sincerely, Universal Engineering Sciences /06' 1L___ Scott D. Thomson, P.E. Branch Manager Page 2 of 2 91 EXHIBIT "B" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON 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 engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: y2GL1FD- eVerify Number I- -()I Date of Authorization Universal Eneineerine Sciences. Inc. Name of Contractor Bell Memorial Park Geotechnical Studv Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is tr�uf� and correct. SS Ex cute on /J6V, 201 in or, c►ty), sta Signature of Authorized Officer or Agent ,P -b Thams0v 10ranch iY1Qn09ff Printed Name and Title of Authorized Officer or Agent SUBSCRIBED�1ND SWORN BEFORE ME ON THIS THE J DAY OF QUe-M6JE 2013. NOTARY PUBLIC (NOTARY SEAL) Sam Grogan Notary Public Henry County, Georgia 'AV Commission Expires 9"1e My Commission Expires: W HOME OF ' LTO N*k ESTABLISHED CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 6, 2013 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Onsite Civil Group, LLC for a Supplemental Survey in Support of the Final Engineering Plans for the Bell Memorial Park Reconstruction. MEETING DATE: Monday, December 16, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: n' YES O NO CITY ATTORNEY REVIEW REQUIRED: P YES () NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR.REMARKS 14 ® " you -- - - PHONE: 678.242.25001 FAX: 678.242.2499Gr r�. "een ,� <<P; Community 01 -ii into#cifyofmilfongp.us f www.cityofmllfonga.us h e 3000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 1 To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: Submitted on December 6, 2013 for the December 16, 2013 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Onsite Civil Group, LLC for Supplemental Survey Work at Bell Memorial Park ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The project is to provide supplemental topographic survey for the existing Bell Park as requested by the design engineer. This information is necessary for the completion of the final design plans for the renovation of the park. Onsite Civil Group provided the previous surveys of the park and this contract is to provide additional survey work as specified by the engineer of record and to incorporate this survey with the previous park surveys to maintain one single, consistent survey of the entire park property. Staff is recommending approval of a Professional Services Agreement with Onsite Civil Group, LLC in the amount of $3,800. Funding and Fiscal Impact: Funding for this project is available in the Capital Projects fund Trails/Park & Trail Expansion account. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 11/13/2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' ML, I C'N N IT -F0 ESTABLISHED 2006 PROFESSIONAL SERVICES AGREEMENT BELL MEMORIAL PARK SUPPLEMENTAL SURVEY This Professional Services Agreement (the "Agreement") is made and entered into this day of , 201_, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and Onsite Civil Group, LLC (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 WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE EXHIBIT C CONSULTANT AFFIDAVIT AND AGREEMENT EXHIBIT D SUBCONTRACTOR 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 as supplemental survey work at Bell Memorial Park to support the development of construction documents for the park renovation. 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 21 calendar days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of 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 Page 1 of 6 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 $3,800 (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. Assilznment 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 -consultant may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Consultant 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. 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 B. 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 Page 2 of 6 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: Bill Rowse, PE 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: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (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 conducted a verification, under the federal Employment Eligibility Verification (`BEV" or "E - Page 3 of 6 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, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. 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 O.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 "D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, 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. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, 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 their 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 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 agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Page 4 of 6 Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s) indication of the above employee -number category that is applicable to the subcontractor. 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. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section E in every subcontract for services contemplated under 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 THE FOLLOWING PAGE] Page 5 of 6 [Onsite Civil Group, LLCJ Signature: ��� G'0Printed Name: Title: WI- [AFFIX CORPORATE SEAL] CITY 0 M1L1WN,Wf iR 4& Joe Lockwood, Mayor Page 6 of 6 Exhibit "A" Work Description ONIM CIVIL GROUP November 12, 2013 Carter Lucas, PE Director of Public Works 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 (678) 242-2626 SUBJECT: Additional Surveying at Bell Memorial Park Dear Mr. Lucas OnSite Civil Group proposes to provide the below scope of work in accordance with your recent request. 1. Locate an additional 50' of topography east of the right of way of Bell Park Dr. 2. Locate the state waters and the creek banks east of Bell Park Dr. 3. Locate additional topography on the north east side of the creek. 4. Locate the recently constructed detention pond south of the concession stand. 5. Locate all trees 2" and larger in a specified 50' x 50' sample area. 6. Incorporate additional field data into the master overall survey base file. 7. The attached exhibit includes the limit of work area. The proposed cost to incorporate the above changes will be a lump sum fee of $ 3.800.00. The terms and conditions of this contract modification will be the same as the original agreement between us. If you are in agreement please sign below, return a copy for our records and keep a copy for yourself. Thank you, APPROVED BY: 3 %%Z 2 (:)tV i, PE, CEO OnSite Civil Group Name, Title & Date Attachment: limit of work exhibit .-b o—– F ° o b BELL MEMORL9L PARK � � a ONE C7 c„ c:! $ o 1 CITY OF MILTON, COUNTY, o o 9 o y Z c I V I L G R G U P 5 <i FNN ULTON GEORGIA p{ ° o WN ° x0 O n 35°6 BILUNGSI" DRIVE. MARIETTA GA 3oob2 b v PH 1: (404) 8225247. PH 2: (678) 449-6938 y x m FAX: (770) 627-5214 Exhibit "B" Insurance Certificate OP ID: LK ACV R© Imo -CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 11/22/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Barkley Group, LLC PO Box 1066 Alpharetta, GA 30009 Lance K. Barkley CONTACT Laura Sandiford PHONE FAX Arc No E:t ; 678-842-9901 A/C No): 678-842-9902 ADDRESS: Isandiford@tbgins.com PRODUCER CUSTOMER ID #:ONSITEI INSURER(S) AFFORDING COVERAGE NAIC # INSURED Onsite Civil Group, LLC 3506 Billingsley Drive Marietta, GA 30062 INSURER A; Hartford Underwriters Insuranc 30104 INSURER B; Lloyd's of London 44792 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF MM/DDIYLICY YYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 EU DAMAUE PREMISES E� occurrence S 300,00 A X COMMERCIAL GENERAL LIABILITY X 20SBMIN6206 04/01/2013 04/01/2014 CLAIMS -MADE I OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,00 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 4,000,00 1$ POLICY PROT- LOC AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT $ 2,000,00 (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ A X SCHEDULED AUTOS HIREDAUTOS 20SBMIN6206 04/01/2013 04/01/2014 PROPERTY DAMAGE (PER ACCIDENT) $ $ A X NON-OWNEDAUTOS 20SBMIN6206 04/01/2013 04/01/2014 UMBRELLA LAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. WC STATU- OTH- TORY LIMITSI ER EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ N I A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT $ B Professional Liab. EL00-53-0187-2008 04/01/2013 04/01/2014 Per Claim 1,000,00 Aggreg. 1,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Engineers/ City of Milton is listed as an additional insured. CERTIFICATE HOLDER CANCELLATION CITYMIL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton ACCORDANCE WITH THE POLICY PROVISIONS. 13000 Deerfield Prkwy # 107G AUTHORIZED REPRESENTATIVE Milton, GA 30004 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD EXHIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON 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 engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: c 4 1 A eVerify Number Date of Authorization Onsite Civil Groff, LLC Name of Contractor Bell Memorial Park Supplemental Survey Name of Project it of Milton Name of Public Employer 4tail3l6fr,t/f T t�f�r�ltltiitSiS!1�� I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _�, DEj, 2013 in t»fcrw(city), {_(state)` Signature of Authorized r r or Agent Vit L Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS TITS Z tV DAY OF S 2011. T41i AP 11—c - [NOTARY SEAL] My Commission Expires: Arlt 242'`__t—a)t,4L- EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON 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 Onsite Civil Group, LLC on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: ;Verify Number }/�l tD Dateo Authorization .�► �� �r�✓"� its Name of Subcontractor Bell Memorial Park Supplemental Survey Name of Project QLtyof Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on Z�'JS Dc, 2011 in niak(city), F} state). Signa e of th ized Officer or Agent C Printed Name and Title o Authorized Officer or Age SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _� DAY OF tsrrt( _12013 . ./¢" T Y PUBLIC [NOTARY SEAL] My Commission Expires: _y.�'11' 201'i-. hstittl9�mlt�l f7A R -I( tido\ CD HOME OF' M1 - LTO . N*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 6, 2013 FROM: City Manager AGENDA ITEM: Consideration of T13-03NC-08 - 330 Batesville Road by STC Two LLC (d/b/a Crown Castle USA) to Replace the Existing 150 Foot High, Stealth Designed "Light Pole" Telecommunications Tower with an 195 Foot High "Mono -Pine" Telecommunications Tower and a Two Part Concurrent Variance: 1) To Reduce the Tower Setbacks from Adjacent Property Lines from 293 Feet on all Sides to (a) 165 Foot and 181 Feet on the Northwestern Property Lines, (b) 175 Feet on the Northeastern Property Line, and (c) 49 Feet on the Eastern Property Line, all as More Particularly Shown on the Site Plan Filed Herewith. (Sec. 54-6(d)(2)). 2) To Waive the 20 Foot Landscaping Buffer Requirement as the Ground Equipment on the Site will be Shielded by a Wooded Slatted Fence and Existing Vegetation. (Sec. 54-6(e)). MEETING DATE: Monday, December 16, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES k NO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEY ( APPROVED O NOT APPROVED S� O- PLACED ON AGENDA FOR: jam' b 13 PHONE: 678,242.25001 FAX: 678.242.2499 Green` t infofcityofmiltonga.us I www.cityofmiltonga.us Communityt F;h�,� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 0 Page 1 of 8 PETITION NUMBER: T13-03 (Modification) / VC13-08 REQUESTED MODIFICATION: Seeks to modify the existing facility by removing the “light pole” and replace with a 195 foot “mono-pine” (tree-like structure) facility. REQUESTED CONCURRENT VARIANCE(S): 1) To reduce the tower setbacks from adjacent property lines from 293 feet on all sides to (a) 165 foot and 181 feet on the northwestern property lines, (b) 175 feet on the northeastern property line, and (c) 49 feet on the eastern property line, all as more particularly shown on the site plan filed herewith. (Sec. 54-6(d)(2)) 2) To waive the 20 foot landscaping buffer requirement as the ground equipment on the site will be shielded by a wooded slatted fence and existing vegetation. (Sec. 54-6(e)) PETITIONER: STC TWO LLC (d/b/a Crown Castle USA) 12725 Morris Road, Suite 400 Milton, GA 30004 OWNER: Kendall L. Bowen 300 Batesville Road Milton, GA 30004 OWNER ATTORNEY: Ellen W. Smith, Esq. - Holt Ney Zatcoff & Wasserman, LLP 100 Galleria Parkway, Suite 1800 Atlanta, GA 30339 PROPERTY INFORMATION ADDRESS 330 Batesville Road DISTRICT, LAND LOT 2/2, 736 OVERLAY DISTRICT Northwest Overlay District EXISTING ZONING AG-1 (Agricultural) ACREAGE 2.2593 ACRES – 2,500 SQ. FT (Leased Area) EXISTING USE 150 foot tall stealth-designed “light pole” telecommunications facility and single family residence FUTURE LAND USE DESIGNATION AEE (Agricultural, Equestrian, Estate Residential) Page 2 of 8 STAFF ANALYSIS: Background: The subject site is generally rectangular in shape with frontage on the northeast side of Batesville Road zoned AG-1 (Agricultural) developed with a single family residence located in the far rear of the property. The existing telecommunications facility is located near the rear of the property, within a 2,500 square foot portion of the property and was requested pursuant to 2001U-008. The request was denied by the Fulton County Board of Commissioners. The decision was appealed and overturned to allow the existing 150 foot “light pole” facility. The tower is considered a “pre-existing tower” under Chapter 54 of the Code of Ordinances of the City of Milton. The existing facility currently supports three wireless carriers: Sprint, Verizon, and T-Mobile. Crown Castle owns and manages the facility, pursuant to a ground lease agreement with the owner of the property, Kendall Bowen. The applicant has been seeking collocation or other opportunities to locate antenna facilities in this general area of the City. The existing facility does not meet the applicant’s needs for several reasons: 1) It is not structurally sound to allow any further collocation opportunities, 2) even if it were structurally sound, it is not tall enough to meet their needs, 3) the stealth design of the existing facility is not the most technologically feasible to meet any of the existing carriers’ needs, and 4) there is no sufficient room within the existing equipment compound to locate the applicant’s ground equipment. Earlier this year, the applicant and American Tower Corporation (ATC) filed an application with the City for a new 140 foot wireless support structure at 14295 Birmingham Hwy also known as “Stars Soccer” (T13-01). After meetings with the City to discuss the possibility of a modification (including a “drop and swap” of the existing facility and a revision to the Wireless Ordinance (Chapter 54), the applicant and ATC withdrew the said application to allow AT&T to pursue the modification which is the subject of this application. Modification Request: The applicant requests to modify the existing facility by removing the “light pole” and replace it with a 195 foot “mono-pine” (tree-like structure) facility which does not trigger any new Federal Aviation Administration (FAA) lighting requirements. The leased area will be increased by 2,500 square feet to a total of 5,000 square feet. The existing “northeastern” fence will be demolished and a new fence will be installed on the southeastern end of the leased area. According to the applicant, this was done to better locate the new facility. The applicant has stated that this requested modification will negate the need for a new wireless communications tower within the City in this general vicinity, including the aforementioned site at 14295 Birmingham Hwy also known as “Stars Soccer”. The replacement facility will be able to support the existing three carriers, but it will also support AT&T and at least one other carrier should there be a need. The radio-frequency analysis is attached for your review. Concurrent Variance Request: Staff notes that the proposed modification would be acceptable for expedited review and immediate building permit with the exception that the facility is a pre-existing tower and does not meet the all of the requirements of a wireless communications tower. Therefore, the applicant has requested a two part concurrent variance below: 1) To reduce the tower setbacks from adjacent property lines from 293 feet on all sides to (a) 165 foot and 181 Page 3 of 8 feet on the northwestern property lines, (b) 175 feet on the northeastern property line, and (c) 49 feet on the eastern property line, all as more particularly shown on the site plan filed herewith. (Sec. 54-6(d)(2)) 2) To waive the 20 foot landscaping buffer requirement as the ground equipment on the site will be shielded by a wooded slatted fence and existing vegetation. (Sec. 54-6(e)) Staff notes that although this is a concurrent variance request per Chapter 54, Telecommunications, it is not required to show “hardship” but only to meet the procedural requirements of the Georgia Zoning Procedures Law which addresses advertising and public hearing requirements for the application. The Telecommunications ordinance allows the applicant to request a modification that will allow a separate wireless carrier to collocate on the facility and that the collocation would negate the need for a new facility in this area. Nevertheless, the applicant’s letter of intent states the following in accordance with the Application form requirements as follows: 1) Relief, if granted in the form of approving the modification and concurrent variances, would further (not offend) the spirit and intent of the Wireless Ordinance. Specifically, approval of the application serves a number of stated purposes of the Ordinance including, among others, minimizing the total number of towers and antennas within the city, promoting the joint use of existing tower sites among service providers, and enhancing the ability of providers of wireless communications services to deliver services to the community effectively and efficiently. See Wireless Ordinance Sec. 54-1(1), (8), and (9). 2) There are extraordinary and exceptional conditions pertaining to the Property, the Site and the Facility such that literal or strict application of the Ordinance would create an unnecessary hardship due to size and shape of the Property and caused by the existing location and design of the Facility that do not result from Crown Castle’s or AT&T’s own actions. Most importantly, the structural integrity and limited height of the existing facility prohibit AT&T’s collocation. 3) Relief, if granted, would not cause a substantial detriment to the public good or surrounding properties particularly because the existing facility has operated, with the existing setbacks and landscaping for a number of years. The modification to allow the modified facility, including the increased height and ground equipment space, will have no detrimental impact on any surrounding property owner; instead, it will allow AT&T to serve its customers working, traveling and going to school in this surrounding area. Frankly, it likely will improve coverage for other carriers already using the existing facility as well. 4) By approving this application, public safety, health and welfare are secured, and substantial justice will be done. Page 4 of 8 Recommended Conditions: Should the Mayor and City Council choose to approve the application, Staff recommends the following conditions(s): 1 The maximum height of the facility shall be 195 feet. Said facility shall be “mono-pine” in appearance. 2 The total leased area shall be 5,000 square feet as shown on the site plan submitted to the Community Development Department on November 19, 2013. 3 To provide tower setbacks from adjacent property lines on all sides to (a) 165 foot and 181 feet on the northwestern property lines, (b) 175 feet on the northeastern property line, and (c) 49 feet on the eastern property line, as shown on the site plan submitted to the Community Development Department on November 19, 2013. (Sec. 54-6(d)(2)) (VC13-08 – Part 1) 4 To waive the 20 foot landscaping buffer requirement as the ground equipment on the site will be shielded by a wooded slatted fence and existing vegetation. (Sec. 54-6(e)) (VC13-08 – Part 2) Page 5 of 8 SITE MAP Page 6 of 8 CURRENT ZONING MAP Page 7 of 8 EXISTING FACILITY Page 8 of 8 SITE PLAN SUBMITTED ON NOVEMBER 19, 2013 Mla '09 CdD�f 3iliftS �9 T rAi! k to 0 r A BA�TE5V i LLE NrnX r rn� n .> �tnlu G ulln3 55UEl7 FOR PRSkrskNnRr n v p�st� M lEsm L] t NZ� 1 o > -S7 N w O Mla '09 CdD�f 3iliftS �9 T rAi! k T 17*4? -0 0 3 / Veo 13-08 j a7-t� r A BA�TE5V i LLE NrnX r rn� n .> �tnlu G ulln3 55UEl7 FOR PRSkrskNnRr n v p�st� M lEsm L] T 17*4? -0 0 3 / Veo 13-08 j a�g a � T a > U CP A BA�TE5V i LLE NrnX r z a Z a ' Z ' ' • • N Q)' .> m q G ulln3 55UEl7 FOR PRSkrskNnRr n v � D M T 17*4? -0 0 3 / Veo 13-08 j r �n N a � T a > U CP A BA�TE5V i LLE NrnX A.5 n ��LD z a Z a ' Z ' ' • • N A IDR4A3 35R&D FOR PREL.irslWAY REVIEW .> m q G ulln3 55UEl7 FOR PRSkrskNnRr n v � D M t NZ� 1 RECEIVED NOV 19 2013 COMMUNITY CITY o N ❑ VEL INICNT T 17*4? -0 0 3 / Veo 13-08 j O a � T a > U CP A BA�TE5V i LLE NUM DAM kk7naN: at&tB �� z a Z a ' Z ' ' • • N A IDR4A3 35R&D FOR PREL.irslWAY REVIEW OVERALL SITE PLAN 101150 1 155 Tp FOR PRELIMINARY REVILM G ulln3 55UEl7 FOR PRSkrskNnRr n v 0 II1i2A3 115aEP FOR ZONING 5U8Ml7TAL HOLT NEY ZATCOFF & WASSERMAN, LLP ATTORNEYS AT LAW 100 GALLERIA PARKWAY, SUITE 1800 ATLANTA, GEORGIA 30339-5960 TELEPHONE 770-956-9600 FACSIMILE 770-956-1490 Ellen W. Smith e-mail esmith@hnzw.com November 19, 2013 BY HAND DELIVERY City of Milton 13000 Deerfield Parkway, Suite 107C Milton, Georgia 30004 PC -*r% !1%1C0 NOV 1 9 2013 COMMUNITY DEVELOpPMENT Re: City of Milton Collocation/Modification/Concurrent Variance of Wireless Telecommunication Facilities Application for Expedited Review by STC TWO LLC, also known as Crown Castle USA ("Crown Castle" or "Applicant"), regarding the modification of an existing WTF located at 300 Batesville Road, Milton, Georgia 30004 (the "Property") LETTER OF APPEAL Ladies and Gentlemen: This firm has the pleasure of representing Crown Castle with respect to the referenced Application. Applicant respectfully submits for your consideration the Application, the approval of which will allow the modification of an existing 150 -foot tall telecommunications facility (the "Existing Facility") to allow New Cingular Wireless PCS, LLC (also known as AT&T Mobility ["A T& T']) to collocate upon a replacement for the Existing Facility. Property and Existinle Facility Background The Property is an approximately 2.2593 -acre generally rectangular shaped tract with frontage on Batesville Road, zoned AGA. It is improved with a single family residence and the Existing Facility. The Existing Facility was permitted more than a decade ago prior to the incorporation of the City of Milton (accordingly, it is considered a "pre-existing tower" under Chapter 54 of the Code of Ordinances of the City of Milton [such chapter being the "Wireless Ordinance"]). The Existing Facility is a stealth -designed "light pole" tower that is located near the rear of the Property, within an existing approximately 2,500 square foot portion of the Property (the "Existing Site").' The Existing Facility currently supports three wireless carriers: Sprint at 145 feet, Verizon at 137 feet and 129 feet, and T -Mobile at 121 feet. Crown Castle owns and manages the Facility, pursuant to a ground lease agreement with the owner of the Property, Kendall Bowen. 1 The address for the Existing Site is 330 Batesville Road. Crown Letter of Intent City of Milton _ Application for Expedited Review - Batesville GA 4041 BUN874.DOC/2031-6 HOLT NEY ZATCOFF & WASSERMAN, LLP City of Milton November 19, 2013 Page 2 of 5 366877_1/2031-6 For several years, AT&T has been seeking collocation or other opportunities to locate wireless antenna facilities in this general area of the City. Unfortunately, the Existing Facility does not meet AT&T’s needs for several reasons: (i) it is not structurally sound to allow any further collocation opportunities, (ii) even if it were structurally sound, it is not tall enough to meet AT&T’s needs, (iii) the stealth design of the Existing Facility is not the most technologically feasible to meet any of the existing carriers’ needs, and (iv) there is not sufficient room within the existing equipment compound to locate AT&T’s ground equipment. Earlier this year, AT&T and American Tower Corporation (“ATC”) filed an application with the City for a new 140-foot wireless support structure at 14295 Birmingham Highway (Application No. T13-001; the “Stars Soccer Application”). After meetings with the City to discuss the possibility of a modification (including a “drop and swap”) of the Existing Facility and a revision to the Wireless Ordinance, AT&T and ATC withdrew the Stars Soccer Application to allow AT&T to pursue the modification which is the subject of this Application. Proposed Modification and Application Requirements The Wireless Ordinance was amended to allow for modifications of existing wireless communications facilities in certain limited circumstances. “Modifications” under the Wireless Ordinance expressly include: the removal and replacement of a pre-existing tower with a tower at the same location that may be up to 30% taller so long as any such structure height increase does not trigger FAA lighting requirements. Crown Castle is seeking to remove the Existing Facility and replace it with a new 195-foot “monopine” (tree-like support structure) (the “Modified Facility”). This proposed height increase does not trigger any new FAA lighting requirements. The Modified Facility will obviate the need for a new wireless communications tower within the City in this general vicinity (including at Stars Soccer), as more particularly shown by the attached radio-frequency analysis. The Modified Facility support not only the existing three carriers (Sprint, Verizon and T- Mobile), but it will also support AT&T and at least one other carrier should there be a need. This proposed modification would be acceptable for Expedited Review and immediate Building Permit but for the fact that the Facility is a pre-existing tower and does not meet the requirements set forth in Wireless Ordinance Sections 54-6(d) and 54-6(e). Specifically, Crown Castle seeks to reduce the required tower setbacks outlined in Section 54-6(d)(2) from 293 feet (proposed new tower height + 50%) to (a) 164’ and 180’ on the northwestern property lines, (b) 175’ on the northeastern property line, and (c) 48’ on the eastern property line, all as more particularly shown on the site plan filed herewith. Importantly, these are existing setbacks and that the Modified Facility will be approximately twenty-two feet (22’) closer to Batesville Road than the Existing Facility, but the Modified Facility will exceed the setback from the right-of- HOLT NEY ZATCOFF & WASSERMAN, LLP City of Milton November 19, 2013 Page 3 of 5 366877_1/2031-6 way even at this slightly new location on the Property. Also, Crown Castle seeks a waiver of the landscape strip and buffer requirements of Section 54-6(e). Specifically, the Site and the ground equipment located thereon will be shielded from view from a six-foot (6’) tall wooden slat fence, existing vegetation and new plantings along the southwestern property line adjacent to the existing graveled access road. The Facility meets all other requirements of the Wireless Ordinance. Section 54-7(a)(2) of the Wireless Ordinance provides that concurrent variance requests are appropriate with Crown Castle’s Application, and that these variance requests will be considered by the Mayor and City Council concurrently with the modification request, without regard to any provision of Chapter 64 of the Code of Ordinances of the City of Milton, and only with regard to procedural (advertising) requirements of the Georgia Zoning Procedures Law. Based on this Section of the Wireless Ordinance, Crown Castle is not required to show “hardship” in connection with its concurrent variance requests; instead, so long as Crown Castle has shown that modification will allow a separate wireless carrier to collocate on the Facility and that such collocation would obviate the need for a new wireless telecommunications facility in Milton, then Crown Castle has met its burden with respect to the variance requests. Nevertheless, in accordance with the City Application form requirements, Crown Castle confirms as follows: (1)Relief, if granted in the form of approving the modification and concurrent variances, would further (not offend) the spirit and intent of the Wireless Ordinance. Specifically, approval of this Application serve a number of stated purposes of the Wireless Ordinance including, among others, minimizing the total number of towers and antennas within the City, promoting the joint use of existing tower sites among service providers, and enhancing the ability of providers of wireless communications services to deliver services to the community effectively and efficiently.See Wireless Ordinance § 54-1(1), (8), and (9). (2)There are extraordinary and exceptional conditions pertaining to the Property, the Site and the Existing Facility such that literal or strict application of the Ordinance would create an unnecessary hardship due to size and shape of the Property and caused by the existing location and design of the Existing Facility that do not result from Crown Castle’s or AT&T’s own actions. Most importantly, the structural integrity and limited height of the Existing Facility prohibit AT&T’s collocation. (3)Relief, if granted, would not cause a substantial detriment to the public good or surrounding properties particularly because the Existing Facility has operated, with the existing setbacks and landscaping for a number of years. The modification to allow the Modified Facility, including the increased height and ground equipment space, will have no detrimental impact on any surrounding property owner; instead, it HOLT NEY ZATCOFF & WASSERMAN, LLP City of Milton November 19, 2013 Page 4 of 5 366877_1/2031-6 will allow AT&T to serve its customers working, traveling and going to school in this surrounding area. Frankly, it likely will improve coverage for the other carriers already using the Existing Facility as well. (4)By approving this Application, public safety, health and welfare are secured, and substantial justice will be done. Application Requirements In support of the Application, Crown Castle submits the following items (including the requisite copies) in addition to this Letter of Appeal: (1)Application for Expedited Review Form; (2)Pre-Application Review Form; (3)Elevation Drawings; (4)P.E. Certification; (5)Landscape / Site Plan; (6)P.E. Certification of Structural Capability; (7)$350.00 in fees; and (8)CD containing a PDF of the entire Application and materials. The Application and the accompanying documents support Crown Castle’s request for the Facility permit and comply with all City of Milton zoning requirements.2 Crown Castle 2 Applicant notifies the City of Milton (the “City”) of its constitutional concerns. If the City Council denies the Application in whole or in part, then the Property does not have a reasonable economic use under the Wireless Ordinance. The Application meets the test set out by the Georgia Supreme Court to be used in establishing the constitutional balance between private property rights and zoning and planning as an expression of the government’s police power. See Guhl vs. Holcomb Bridge Road, 238 Ga. 322 (1977). If the City Council denies the Application in whole or in part, such an action will deprive Applicant and Owner of the ability to use the Property in accordance with its highest and best use. Similarly, if the City Council limits its approval of the WTF permit by attaching conditions thereto affecting any portion of the Property or the use thereof, either of such actions being taken without Applicant’s consent, then such action would deprive Applicant and Owner of any reasonable use and development of the Property. Any such action is unconstitutional and will result in a taking of property rights in violation of the just compensation clause of the Constitution of the State of Georgia (see Ga. Const. 1983, Art. I, § 3, para. 1(a)), and the just compensation clause of the Fifth Amendment to the United States Constitution (see U.S. Const. Amend. 5). To the extent that the Wireless Ordinance allows such an action by the City Council, the Wireless Ordinance is unconstitutional. Any such denial or conditional approval would discriminate between Applicant and Owner and owners of similarly situated property in an arbitrary, capricious, unreasonable and unconstitutional manner in violation of Article I, Section I, Paragraph 2 of the Georgia Constitution and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Finally, a denial or a conditional approval of the Application (with conditions not expressly approved by Applicant) would constitute a gross abuse of discretion and an unconstitutional violation Applicant’s rights to substantive and procedural due process as guaranteed by the Georgia Constitution (see Ga. Const. 1983, Art. I, § 1, para. 1) and the Fifth and Fourteenth Amendments of the United States Constitution (see U.S. Const. Amend. 5 and 14). Applicant further challenges the constitutionality and enforceability of the Wireless Ordinance for (i) failure to be properly advertised and adopted under the requirements 366716 New Cingular Wireless Site ID GA 4149 Crown Castle Site Name: BU 874819 / Batesville Road 330 Batesville Road, Milton, Georgia 30004 Demonstration of Collocation Opportunity and Avoidance of New Wireless Telecommunications Tower 1. My name is Lanre Ogun, I am over twenty-one (21) years of age and am competent to testify to the matters stated herein. The statements herein are based upon my personal knowledge. 2. I am a Radio Frequency Engineer with AT&T Mobility which operates as New Cingular Wireless in the metro-Atlanta area (“AT&T”). My responsibilities include designing AT&T’s wireless communications network as well as being the Lead Engineer for the entire Market as well as a Design Engineer for the On-Air and Future Builds we have in the entire state. I have been working in the field of radio frequency (“RF”) planning, performance and optimization of wireless networks for the past 6+ years in other markets outside of the GA Market. 3. I have first-hand knowledge concerning the AT&T network throughout the City of Milton, Georgia. The new site at 330 Batesville Road is required to provide coverage for the areas around the site including SR-372, Roswell-Birmingham Highway, between existing AT&T sites GA4032 (12604 Crabapple Road) and GA6126 (975 Birmingham Highway), and to improve both wireless coverage and capacity in surrounding residential areas where AT&T currently has no or poor coverage and capacity due to lack of facilities. The Main objective oof this ring is to improve the existing Weak/Low coverage West of Alpharetta, GA Near Hwy 372/ Batesville Road, High LSE% as well as the ongoing Customer complaints on in-building Coverage. 4. Specifically, I have prepared and attached hereto as Exhibit A a propagation map reflecting the gaps and areas of insufficient coverage in AT&T’s existing network. As shown on Exhibit A, AT&T has weak coverage in the areas immediately surrounding the site. 5. The location for new wireless facilities is selected based upon a comprehensive analysis of a target geographical area within which the proposed facility should be located in order to meet defined coverage objectives required by AT&T’s network. In analyzing the target geographical with respect to these particular needs, AT&T assessed the following factors: -Aesthetic impact -Compatibility with existing land use & other zoning requirements -Site constructability -Suitability to meet RF propagation objectives -Willingness of landowner to lease land 6. Additionally, when reviewing a target area for the location of new wireless facilities, AT&T first looks to determine whether there are existing towers and structures on which it may collocate its facilities. In 2010, AT&T attempted to collocate upon the existing 150’ stealth designed wireless structure on the site, but was advised by the tower owner, STC TWO LLC (doing business as Crown Castle) (the “Crown Castle Tower”), that the existing structure would not support any additional AT&T Mobility 660 Hembree Parkway Roswell, Georgia 30076 366716 collocations. AT&T reconfirmed that collocation opportunities on the existing tower would not support its antennas. 7. As a result, AT&T attempted to secure another location for a tower facility and, through its vendor American Tower Corporation (“ATC”), secured a lease for property located at 14295 Birmingham Highway (the “Stars Soccer Site”). In early February 2013, AT&T and ATC filed an Application for New Wireless Telecommunication Facilities for a new 140’ tall tower at the Stars Soccer Site. A true and correct copy of the Radio Frequency Propagation and Capacity Study submitted in connection with that Application is attached for reference as Exhibit B. 8. After meetings with the Community and the City of Milton where these parties voiced support for a “drop and swap” (including a height extension and new stealth design), AT&T and ATC withdrew the Stars Soccer Site application and began to pursue this Application. 9. The Crown Castle Tower already has 4 sets of internal antennas, split among T-Mobile, Sprint and Verizon. The Crown Castle Tower is neither structurally capable of sustaining any further collocators, nor is there any available height that would meet AT&T’s radio frequency needs. 10. AT&T has confirmed that if the Crown Castle Tower height was extended to 195’, AT&T’s coverage objectives could be met. Specifically, I have also prepared and attach as Exhibit C a propogation map depicting the coverage with this proposed modification (e.g., a new tower facility at 195’) to the Crown Castle Tower. This Exhibit C clearly illustrates that the proposed modification will alleviate AT&T’s existing coverage deficiencies. 11. The proposed height increase of the Crown Castle Tower will not trigger any new or heightened FAA lighting requirements. 12. There are no other structures within the target geographic area on which AT&T could collocate its antennas. AT&T’s modification of the Crown Castle Tower would obviate the need for a new wireless telecommunications tower in the City of Milton. 13. All of the propagation maps that are attached to this Affidavit were generated with a computer modeling program called Atoll. It takes into account number of variables including terrain, type of clutter (e.g. physical characteristics of an area that can impact and cause significant propagation losses in signal strength such as houses, structures, vegetation, trees and terrain), antenna height, available radio frequency and wireless equipment characteristics, before creating propagation prediction. The various parameters of the RF prediction model include terrain and clutter and are modified to more accurately reflect the actual terrain and topography of the specific location on the radio coverage predictions. In addition to the factors that are not shown on the plot, I reviewed the ability of a wireless cell site facility (WCF) at the location to handle the required call capacity or volume of calls and to provide the extent of data and other services required by AT&T customers. Coverage levels are set to ensure that greater than 95% of the locations in the coverage objective can expect signal strength sufficient to meet the design requirements. In other words, the design for this WCF is to ensure that 95% of the structures in the coverage objective area will receive AT&T service indoors. 366716 13. AT&T uses FCC approved frequencies as follows B band (RX 835-845; TX 880-890), B band (RX 846.50- 849.0 TX 891.50-894), B (RX 704-710; TX 734-740), A3, A4 (RX 1850-1860; TX 1930-1940), C (RX 710-716; TX 740-746), F (RX 1890-1895; TX 1970 – 1975) and C5 (RX 1905-1910; TX 1985-1990). 14. I am submitting this Analysis in support of Crown Castle’s Application for Expedited Review to be submitted to the City of Milton, Georgia. LANRE OGUN 366716 Exhibit A Current Coverage %111111111100 �t�t ATU 5405 Mobility 5405 Windward Pkwy Alpharetta, GA 30004 AT&T GA4149 Bates II 14295 Birmingham Highway, Alpharetta, GA 30004 Propagation and Capacity Study / City of Milton STATE OF GEORGIA COUNTY OF FULTON Personally appeared before me on this 6`h day of December, 2012, the undersigned officer, duly authorized to administer oaths, Mark Cabadin, who declares the following to be true and accurate: 1. My name is Mark Cabadin. I am over twenty-one (21) years of age and am competent to testify to the matters stated herein. The statements in this Affidavit are based upon my personal knowledge. 2. I am a Radio Frequency Engineer with AT&T Mobility ("AT&T"). My responsibilities include designing AT&T's wireless communications network. In 2001, I completed my BS in Electronics and Communications Engineering from Polytechnic University of the Philippines.. I have been working in the field of radio frequency ("RF") planning, performance and optimization of wireless networks for the past 11 years. 3. I have first-hand knowledge concerning the ability of the proposed facility located at 14295 Birmingham Highway, Alpharetta, Georgia, Fulton County (the "Site") to provide wireless coverage for AT&T in the surrounding area. 4. AT&T partners with American Tower Corporation ("ATC") to locate, construct, operate and maintain a wireless facility that supports AT&T's network. 5. The facility proposed by AT&T at the Site is essential to providing wireless services to the public along SR -372, Roswell -Birmingham Highway, between existing AT&T sites GA4032 (12604 Crabapple Rd) and GA6126 (975 Birmingham Hwy), and to improve coverage in surrounding residential areas where AT&T currently has no or poor coverage due to lack of facilities. 6. Specifically, I have prepared and attached hereto (as Exhibit "A") a propagation map reflecting the gaps and areas of insufficient coverage in AT&T's existing network. The Site is designated on Exhibit A as "GAATU4149" near the middle of the map. The desired coverage level for the area is -75dBm or stronger which is depicted as Red. At this level, it is expected the in -building penetration will be strong with consideration to any attenuation caused by the building structure. Yellow (-85dBd) coverage levels are also shown indicating less substantial coverage, with Green and Cyan areas shown for signal strength weaker than that. As shown on Exhibit A, AT&T has weak coverage in the vicinity of the Site and generally is not meeting customer demand in that area. 7. I have also prepared and attach as Exhibit `B" a propagation map depicting the coverage to be provided by the proposed facility at the proposed height of 140'. The desired coverage level for the area is -75dBm or stronger which is depicted as Red. Yellow (-85dBd) coverage levels are also shown indicating less substantial coverage with Green and Cyan areas shown for signal strength weaker than that. This Exhibit `B" clearly illustrates that the proposed facility will alleviate existing coverage deficiencies, allowing AT&T to meet market demand for basic coverage. Market demand is to have -75dBm at the subscriber locations which is the basic coverage indoor. 8. I have attached Exhibit "C", a propagation map depicting the coverage that would be provided if the facility were constructed at height of only 100'. This Exhibit "C" illustrates that the proposed facility would provide less than adequate coverage at a height lower than the proposed 140'. At 140', the facility is designed to accommodate four (4) wireless carriers at elevations less than the height of the tower. Based on the information available to me it is my opinion that the proposed height of 140' is the minimum height necessary to meet AT&T's coverage requirements, while also allowing for the accommodation of additional future wireless carriers as required by the City of Milton's wireless telecommunications facilities ordinance. 9. All of the propagation maps that are attached to this Affidavit were generated with a computer modeling program called Atoll. It takes into account number of variables including terrain, type of clutter (e.g. physical characteristics of an area that can impact and cause significant propagation losses in signal strength such as houses, structures, vegetation, trees and terrain), antenna height, available radio frequency and wireless equipment characteristics, before creating propagation prediction. The various parameters of the RF prediction model include terrain and clutter and are modified to more accurately reflect the actual terrain and topography of the specific location on the radio coverage predictions. In addition to the factors that are not shown on the plot, I reviewed the ability of a wireless cell site facility (WCF) at the location to handle the required call capacity or volume of calls and to provide the extent of data and other services required by AT&T customers. Coverage levels are set to ensure that greater than 95% of the locations in the coverage objective can expect signal strength sufficient to meet the design requirements. In other words, the design for this WCF is to ensure that 95% of the residential structures in the coverage objective area will receive AT&T service indoors. As shown by Exhibit C, lower antenna heights were considered, but did not adequately meet the coverage objectives. Further analysis revealed that the best choice for the location of the WCF is the Site, which meets RF propagation objectives, and provides a location compatible with surrounding land uses. 10. AT&T uses FCC approved frequencies as follows B band (RX 835-845; TX 880-890), B' band (RX 846.50- 849.0 TX 891.50-894), B (RX 704-710; TX 734-740), A3, A4 (RX 1850- 1860; TX 1930-1940), C (RX 710-716; TX 740-746), F (RX 1890-1895; TX 1970 —1975) and C5 (RX 1905-1910; TX 1985-1990). 11. The proposed location for the tower was selected based upon a comprehensive analysis of a target geographical area which the proposed facility should be located in order to meet defined coverage objectives required by AT&T's network. In analyzing the geographical area to select the proposed Site, AT&T and ATC assessed the following factors: - Aesthetic impact - Compatibility with existing land use & other zoning requirements - Site constructability - Suitability to meet RF propagation objectives - Willingness of landowner to lease land 12. Generally, AT&T first looks to determine whether there are existing structures on which it may collocate its facilities. We were unable to find any towers or other structures on which to locate, such as water tanks or existing buildings which would meet the engineering and coverage requirements. Further the use of alternative technologies such as microcells would be incompatible and /or insufficient for service and/or integration with AT&T's existing network. 13. Included in its search for existing structures upon which AT&T may collocate its facilities are existing towers. Towers in the general vicinity of the area in which AT&T needs coverage are shown on Exhibit "D". The nearest tower is owned by Crown Castle, and located at 330 Batesville Rd, Alpharetta, GA which is approximately 3500 feet from the proposed tower location at the Site. AT&T attempted to collocate on this tower in 2010, by virtue of a height extension, but based on the structural analysis conducted by Crown, tower is failing which means it cannot hold the proposed load that AT&T requires. Since then, AT&T has continually sought collocation on this tower, but as recently as October 2012, has confirmed that there is no available space for collocation on the Crown Castle tower. 14. Exhibit "E" shows that sites where AT&T has antenna mounted and in service within the City of Milton. Please refer to AT&T tower inventory list which is included in the submittal package for detailed information. 15. The location of the proposed tower is also dictated by non -radio frequency factors including the willingness of landowners to lease space for a wireless facility, compatibility with surrounding land use, and factors such as zoning classification and setbacks. See attached Exhibit "F" zoning map identifying properties within the general geographic area in which AT&T needs a facility. A review of these properties reveals that this is the only property suitable to meet setbacks and otherwise comply with Milton's ordinance. 16. The analysis revealed that the best choice for the location of the facility is the proposed site, which meets RF propagation objectives, and provides a location compatible with surrounding land use. 17. Wireless systems are expanded or introduced in a given area to improve service to customers. There are typically three reasons to add a new facility: extending coverage to new areas, increasing the capacity of the system within the current service area, or improving quality. Some sites do all three. Coverage: Coverage can be defined as having a certain level of signal strength in a particular area. AT&T's target is to provide —75dBm of signal strength to our customers in all areas. This level of coverage guarantees reliable signal strength inside buildings to provide excellent voice quality in residential neighborhoods and commercial areas. In today's competitive marketplace, AT&T requires adequate coverage to be competitive and to fulfill our responsibilities under our FCC license. Existing and proposed coverage is demonstrated by use of propagation maps and drive test data. The propagation maps are computer simulations of wireless signal coverage in a given area. One map shows the predicted coverage as it exists without the proposed facility. The other map shows predicted coverage with the proposed facility in place. Propagation maps showing RF coverage in the subject service area with and without the proposed antennas are included in the application documents. Capacity: Capacity is the number of calls that can be handled by a particular antenna site. When we make phone calls, our mobile phones communicate with a nearby antenna site that then connects to land based phone lines. Ongoing phone calls occupy the resources of the serving site, which can handle only a limited number of calls. When a particular antenna site is handling a sufficient number of calls the available radio frequency (RF) channels assigned to that site are used up. When this occurs, the wireless phone user will be unable to place a call from his or her phone. For AT&T's specific technology, typical sites with 3 antennas can handle approximately 150 calls at any given time. The maximum capacity of each antenna is equivalent to approximately 50 people calling continuously over an hour. The engineering term for this measurement of capacity is 50 Erlangs. The call traffic of antenna sites is continuously monitored and analyzed so that overloading of sites is prevented. Careful projection allows sufficient lead time to design, permit, and construct the wireless facility prior to exceeding the capacity of surrounding sites. Capacity cell sites are typically required in areas that currently have sufficient coverage. The objective for a capacity site is to handle increased call volume rather than increase the size of a coverage area. Interference: In areas with good coverage, phone calls may still have poor quality that the caller hears as warbled voices or temporary loss of communication. This is often caused by interference. Wireless telephone systems reuse specific radio frequencies at different cell antenna locations. When frequencies are reused at nearby sites, interference may result. Engineers work to achieve the most efficient use of limited frequency resources and reduce interference. Unfortunately, there are still areas where interference is nearly unavoidable. This typically occurs in areas where one antenna site is having trouble handing off calls to another. On a freeway or busy roadway (like Georgia 400), for example, the network juggles a call between competing antenna sites seeking to find the best one. When this occurs, the solution is often to locate a new antenna site as close to the location where the bad handoff is occurring. Interference is documented by measuring received call quality (RxQual) during a drive test similar to that performed to measure coverage. RxQual is a measurement of digital data (voice signal) lost as the result of poor. communication between adjacent cell sites. Drive test maps demonstrate the RxQual without the proposed cell site, see Exhibit "H". Green (0 to -10) means excellent with best call quality. Cyan (42 to — 10) which is acceptable, calls can be made at a better call quality. Yellow (45 to -12) is marginal whereas calls can be made at a marginal level with a possible call dragged. Red (-20 to -15) means no coverage. 18. I am submitting this Affidavit in support of American Tower's Application for a Telecommunications Facility Permit to be submitted to the City of Milton, Georgia. FURTHER AFFIANT SAITH NOT. Sworn to and subscribed before me this day of December, 2012. Mark Ca din Notary P 5•• M�ss10 F�•� ••...+: Q '. 00 C7 i".y• AEA14.`L0�p�. 'i���DUNV ``%��� r a ■ ■ a ■ • i F ■ ■ ■ 5 ■ ■ * M i 7 ■ • a • ■ f a ■A t Oa L L • ■l a ■ s ■ ■ ■ ■ r ■iN■_,�l ■ ■ * ONE ■ a .� a ■ ■• ■ 1 .M %L.■ - - — —N - - .... . __p a � r 1 ■ • Z 7 ■ A LIM ■ ■ _ ■ i • rr i L •■ r ■ r i 1 a� � ■ L• ! - ir ■ ■ * M• • r� s 7 y1� PI %m I 1 ■ s . ■ ■ r ■w o ■ ■ �1 ■ r ■ . 7 .. ■ 0 ■ • .. ■ MM ME i ■ r' ■ • ■ ■ ■ ■ • i E ■ F ■" 1 h� ■ it ■ L, IME t, tr 1 ■7 1 MIL. ■ ■ - • ■ - — ■ 1 # - —•-- Exhibit "D" Mapinto ProhsslorW - IF}1�2Gt2h2:H SAO_OB2112..,IringMybrid Map _ 1+- Pole Edd Tools Objects Query Table Options Map Wmdow Help a % ,�. Sai ..l .1 `� �a� � at i 41 1 .1% .:ir x POR 2012NS6 SAO 082412,...,81ngHybrld Map _ R �ylnCe • = :{C 1 SjhM'Sa� � � s v+oMit Layer SYr! SPRP" �4 1 L m L yW M l I t o Crown Towbt 0A 149 8d" 11 Pee, Luka A 372 Proposed Site Arnold Mill � A y OP F ields ¢ n � Crossroads 4N/ 4y �a 140 htaYfirl� ad I �O� Q+ ra b a p Q IC a. 7010 NAVt?Q ,6 AND :n 2012 MICM116R Corponean l lr;er selected �J i4 '% 1.84' 21' 1.98%84.7 44.112" Editing: Cosmetic layer Selecting: Cosmetic layer pr 4 41 ON . -. loan # (' t+ r 'f j+ . ' fit' / ' • , in AsHLIN EAGLS ,.. w .wdARONWODMEAoowNr4'" ' F ►. LA Ao ALM fi tF . 'FSi i • +(j . ` �,,,,.,_,, k t1� �...� x-Rd. , HidcOry`Fiat,�� �-j-. � ` •� ,� 1} , � fij Y - ��► ;� Bir dam Bfr„in9�,am Rd- Rd :) �..r..; n Cox Esr '�'� Francs Rd VASILf FARM �, •,,. Milton - . RE49 GENCY PARK ,r g �.}4 �y -` j'•€+, r 19K [r 1 AMill mo • 411Ad 0S 90 FOXHML 41* At 4p e pple Z Mountain Park �,-.. R • �: -�,- cii►'4' FI+k �1DIT�IG dw} f h Rd r A�'p i r ♦♦ oc - ' _ $ ih No Text No Text 366716 Exhibit C Coverage at 190’ on new Crown Castle Tower REr,-""cn 0 1 g 2w3 GI -.`t ur'o1,,iOpM>irNT ,COtNtMDIy1 DEyEI.O Attn: City of Milton, GA Reference: STC TWO LLC (d/b/a Crown Castle USA) Site ID: 874819 (Batesville) / AT&T GA 4149 Site Address: 300 Batesville Road (Site Address 330 Batesville Road) Subject: City of Milton, GA Ordinance, Chapter 54 Telecommunications, Sec. 54-6 General Requirements, items 54-6(c)(6). To Whom It May Concern: In accordance with Ordinance Section 54-6(c)(6), the undersigned certifies that the modification of the wireless telecommunications facility is designed and will be constructed to meet all applicable and permissible local codes, ordinances, and regulations, including any and all applicable county, state and federal laws, rules, and regulations, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices q,[ the National Association of Tower Erectors. Print Name: fACe�k ev nAJVL S- AA" - , 4> C Fitle: GC- U [Affix GA F X. V Jr Na. 23000 PROFESSIONAL V E I'1 G I M E E R S ECTOR Project Number: R1223-233-131 November 4, 2013 Larson Camouflage, LLC 1501 S. Euclid Ave. Tucson, AZ 85713 ATTENTION: Layla Anderson RECFwFO St Ov l 9 203 UTAH OFFICES Sandy Layton George N � - "„ ► E 00 tA01 COMM�N��Y oEv REFERENCE: Quote #3645 (Monopine at 330 Batesville Rd, Alpharetta, GA 30004) Design Criteria Dear Ms. Anderson: Per your request, we have provided a preliminary design for the above -referenced site (attached). The final design will be based on the following standards and design criteria: • 2006 International Building Code • TIA-222-G • Wind Parameters: 0 90 mph (3 -sec gust) o Exposure C o Structure class II o Topographic category 1 0 3/4" design ice thickness with concurrent 30 mph wind speed (3 -sec gust) 0 60 mph service wind speed (used to check service -level deflection limits) • 5 carriers at the elevations listed on the attached preliminary design summary In the unlikely event that rupture does occur, it is understood that a 50'-0" fall radius has been requested for this site. The top 50'-0" section will be designed such that the maximum combined stress ratio is more than 20% greater than the maximum stress ratio in all other sections along with the base plate, and anchorage. Thus, the pole will be designed for a 50'-0" fall zone radius. We hope this meets your needs. If you have any further questions regarding this matter, please call this office at your convenience. Very truly yours, VECTOR STRUCTURAL ENGINEERING, LLC Roger T. Alworth, S.E. Principal RTA/kaw Enclosure 9138 S State St. Suite 101 1 Sandy, UT 840701 T (801) 990-17751 F (801) 990-1776 1 www.vectorse.com BASEPLATE: 94.5'' O.D. x 30'' I.D. x 3'' THICK (ASTM A572 GR. 50) ANCHOR BOLTS: (44) 2'' DIA. ON 89'' B.C. (ASTM F1554 GR.105) PRELIMINARY DESIGN NOT FOR FABRICATION Vector Engineering 9138 S. State St. Ste 101 Sandy UT 84070 Phone: (801) 990-1775 FAX: (801) 990-1776 Job: 3645 Project: R1223-233-131 Client: Larson Camouflage Drawn by: kwilson App'd: Code: TIA-222-G Date: 11/04/13 Scale: NTS Path: N:\2013 Projects\U1223 Larson Camouflage\Prelims\R1223-233-131 3645 (GA 195' Monopine, G)\ENG\TOWER\3645.eri Dwg No. E-1 190.0 ft 140.0 ft 112.9 ft 74.9 ft 33.3 ft 1.0 ft REACTIONS - 90 mph WIND 111519 lb SHEAR 14632780 lb-ft MOMENT 130436 lb AXIAL 30 mph WIND - 0.7500 in ICE 9650 lb SHEAR 1216975 lb-ft MOMENT 171162 lb AXIAL ARE FACTORED ALL REACTIONS Section12345 Length (ft)50.0033.0045.0050.0042.34 Number of Sides1818181818 Thickness (in)0.21880.37500.50000.62500.7500 Socket Length (ft)5.927.008.4210.00 Top Dia (in)28.000040.786547.836557.810568.5605 Bot Dia (in)43.000050.686561.336572.810581.2625 GradeA572-65 Weight (lb)4167.86062.813143.621832.325435.170641.5 Top Hat with (3) 4 ft, and (1) 6 ft branches 192.5 Crown Castle 147.3 sq. ft 190 Crown Castle 147.3 sq. ft 180 (72) 4 ft branches 178.3 Crown Castle 147.3 sq. ft 170 Crown Castle 147.3 sq. ft 160 (78) 6 ft branches 153.8 Crown Castle 147.3 sq. ft 150 (78) 6 ft branches 128.4 (96) 8 ft branches 100.1 (50) 10 ft branches 76.3 (25) 12 ft branches 64.1DESIGNED APPURTENANCE LOADING TYPE TYPEELEVATION ELEVATION Top Hat with (3) 4 ft, and (1) 6 ft branches 192.5 Crown Castle 147.3 sq. ft 190 Crown Castle 147.3 sq. ft 180 (72) 4 ft branches 178.3 Crown Castle 147.3 sq. ft 170 Crown Castle 147.3 sq. ft 160 (78) 6 ft branches 153.8 Crown Castle 147.3 sq. ft 150 (78) 6 ft branches 128.4 (96) 8 ft branches 100.1 (50) 10 ft branches 76.3 (25) 12 ft branches 64.1 MATERIAL STRENGTH GRADE GRADEFy FyFu Fu A572-65 65 ksi 80 ksi TOWER DESIGN NOTES 1. Tower is located in Fulton County, Georgia. 2. Tower designed for Exposure C to the TIA-222-G Standard. 3. Tower designed for a 90 mph basic wind in accordance with the TIA-222-G Standard. 4. Tower is also designed for a 30 mph basic wind with 0.75 in ice. Ice is considered to increase in thickness with height. 5. Deflections are based upon a 60 mph wind. 6. Tower Structure Class II. 7. Topographic Category 1 with Crest Height of 0.00 ft 8. TOWER RATING: 97.7% Top Flange Dim: 35 1/4" O.D. x 28" flat to flat w/ (18) 1-1/4" Dia. A325 bolts on 31-3/4" B.C. za EXI5TING DENSE NATURAL SCREENING THIS SIDE (TYP) PROP05ED GROWN 50%50' LEASE AREA EXPANSION. SEE SURVEY FOR DETAIL5. PPOP05ED GROWN 48'x49' FENCED GRAVELED COMPOUND EXPANSION PROP05ED b' TALL WOOD SLAT FENCE (TYP) EXISTING DENSE NATURAL 5CREENING TH15 SIDE (TYP) *q'—II' PROPOSED ATdT 12'-05x24'-0 EQUIPMENT AREA WITH II' -5'x20' -O" SHELTER AND 5" DIESEL GENERATOR PORCH PROP05ED ATIT 4'x4' TELCO CABINET ATTACHED TO SHELTER WALL PROPOSED AT$T GABLE 5LACK13OX ATTACHED TO ICE BRIDGE PROPOSED ATdT ICE BRIDGE PROP05ED GROWN 145' REPLACEMENT MONOPINE TOWER (TYP) "A-TI-TERMT INILIIY FRAhf N EXISTING GROWN 20'—\ ACCESS EASEMENT (TYP) Q �OHoSED PR F12' GATE -J GRAPHIG 5GALE5 5GALE: I" = IQ' PROFOND 12' WIDE 6RA%TJ-ED A66E55 FdOAD 15YP) I 1 I` I 1 I ' lI EXISTING DENSE NATURAL SCREENING THIS 51DE (TYP) 1P4POSEO VERMM WE aRvm EXTaOH EKBY146 TS E fl -FRAME 1 L2I Ta* UrUT{ P120POSM T -MOBILE ICE BRIDGE EXTEN51G4 EXI5TIN6 GR" 6RAVEL PROPOSED PLANTED WIVENAY LAN05GAPING SCREENING INSTALLED AT APPROXIMATELY 10' ON CENTER. SPECIES TO BE COORDINATED WITH THE .11JRI5DIGTION AR5ORI5T (TYP) DETAILED 51TE PLAN 5GALE I' = 10 -(7' (TO REMAIN I i 1 1 EXISTING 1 T -MOBILE ` EQUIPMENT I PAD 1 (TO REMAIN I k I EXL9T1►�, UTtiLIR1E3 � I 5TRUGTURAL NOTE: THE PROP05ED MONOPINE TOWER WILL BE DESIGNED TO SUPPORT A MNIMUM OF 5 CARRIERS ANTENNAS AND RELATED EQUIPMENT. P* 30 MANSELL CT SUITE 103 ROSWELL, GA 30076 678-280-2325 V� glsKmu. AJD wb+v AJE3 [ADM Pyq" ne j: GGATt001 Cm2 EXI5TING b' TALL WOOD o 5LAT FENCE ` EXISTING SPRINT I � H -FRAME I E?CISTiNG GROfW 5O x50 EXISTING FENCE SECTION Ex,351M6 LEASE AREA. SEE RRVEY TO BE REMOVED (TYP) VERIZON FOR DETAIL5. I>c;fNr EXISTING LT SPRINT (TO Rt14A7Ml� I EQUIPMENT PAD (TO P.EMAIW i F�15YIN6 IIATiIRI�1 5GRW�1N6 THIS 51DE (mi PROP05ED SPRINT ICE BRIDGE EXTENSION EX15TaNS TOPER (TO ec RemovrV EX15TINO DUKENET EQUIPMENT CABINET 1P4POSEO VERMM WE aRvm EXTaOH EKBY146 TS E fl -FRAME 1 L2I Ta* UrUT{ P120POSM T -MOBILE ICE BRIDGE EXTEN51G4 EXI5TIN6 GR" 6RAVEL PROPOSED PLANTED WIVENAY LAN05GAPING SCREENING INSTALLED AT APPROXIMATELY 10' ON CENTER. SPECIES TO BE COORDINATED WITH THE .11JRI5DIGTION AR5ORI5T (TYP) DETAILED 51TE PLAN 5GALE I' = 10 -(7' (TO REMAIN I i 1 1 EXISTING 1 T -MOBILE ` EQUIPMENT I PAD 1 (TO REMAIN I k I EXL9T1►�, UTtiLIR1E3 � I 5TRUGTURAL NOTE: THE PROP05ED MONOPINE TOWER WILL BE DESIGNED TO SUPPORT A MNIMUM OF 5 CARRIERS ANTENNAS AND RELATED EQUIPMENT. P* 30 MANSELL CT SUITE 103 ROSWELL, GA 30076 678-280-2325 V� glsKmu. AJD wb+v AJE3 [ADM Pyq" ne j: GGATt001 Cm2 LOCATION MAP NAME / SIGNATURE Dc^L ` r • .`; .. siv'� { .Gey^ ..}_ � * 34° OT 44.08" 51TE ACQUISITION AGENT -840 21' OO.ga" hL4a11! 11CN�'l'-�.._` -+titin �UMI• bi ! 'r ayeimdl*and ;�a . .«...t ':NwMr ACN90ti• M a'tiiae a •Linz,' '%� •�"" �^_.};-� aen O L:S! Rpsv/e�`t i s Debi, isnfrfoK - _ heof '•... _ '.3 {'•• .. • y J- ' f Wnn •oi!7ur:�e.a _ .•k 'WR'^.�,i,,`�'y�tl0rtae~. OOCt�tf `:!' '- I.n3, sJ1+ t` Mae •t.. l;, 1 1 asci ALPHARETTA, GA 30004 Gi 110-442-61351 .I 7' F.I w 9pHAfHQo • rnoro fir'•..•, rRj'q'+ �4� \ r J............ . • P • a, 660 HEMBREE PARKWAY CHECKED: PWM R05NELL, GA 30016 TOWER OWNER d GROWN CASTLE pp VICINITY MAP NAME / SIGNATURE DATE t� -ATITUDE: 34° OT 44.08" 51TE ACQUISITION AGENT -840 21' OO.ga" ELEVATION: ZONING / PERMITTING AGENT JJR150IGTION: CITY OF MILTON M E MANAGER TM 22 380001350182 C uivny i. GON5TRUGTION MANAGER PARCEL ZONING: AG -1 RF ENGINEER `` 1— 330 BATESVILLE ROAD ALPHARETTA, GA 30004 110-442-61351 CARRIER: AT&T oEs+Ea AJB 660 HEMBREE PARKWAY CHECKED: PWM R05NELL, GA 30016 TOWER OWNER d GROWN CASTLE DRIVE DIRECTIONS FROM THE GROWN GA5TLE OFFIGE IN ALPHARETTA GA.- TAKE A:TAKE WINDWARD PKWY WE5T TO GUMMING HNY. TURN LEFT ON GUMMING HNY AND FOLLOW TO MAYFIELD ROAD. TURN RIGHT ON MAYFIELD ROAD AND FOLLOW TO PROVIDENGE ROAD. TURN RIGHT ON PROVIDENGE ROAD AND FOLLOW TO BIRMINGHAM HNY. TURN RIGHT ON BIRMINGHAM HNY AND FOLLOW TO BATE5VILLE ROAD. TURN LEFT ON BATE5VILLE ROAD AND FOLLOW OS MILES TO THE TONER AGGE55 ROAD ON THE RIGHT SIDE. DEPARTMENT NAME / SIGNATURE DATE LAND OWNER / TOWER OWNER -ATITUDE: 34° OT 44.08" 51TE ACQUISITION AGENT -840 21' OO.ga" ELEVATION: ZONING / PERMITTING AGENT JJR150IGTION: CITY OF MILTON M E MANAGER TM 22 380001350182 PARCEL 51ZE: GON5TRUGTION MANAGER PARCEL ZONING: AG -1 RF ENGINEER KENDAL L. BOWEN PREPARED FOR: CCA0yyE BU874819 / BATESVILLE ROAD PROJECT DESCRIPTION: PROPOSED 195 FT. MONOPINE TOWER DROP & SWAP REPLACEMENT OF AN EXISTING 150 FT. STEALTH UNIPOLE TOWER C t&t AT&T SITE NAME: BATES II / GA4149 AT&T FIXED ASSET NUMBER: 10131681 AT&T PROJECT: NSB PROJECT INFORMATION 51TE ADDRE55: 300 BATESVILLE ROAD MILTON, GA 30004 -ATITUDE: 34° OT 44.08" LONGITUDE: -840 21' OO.ga" ELEVATION: II08.0' AM5L JJR150IGTION: CITY OF MILTON PARGEL I.D.: TM 22 380001350182 PARCEL 51ZE: 0.12 ACRES PARCEL ZONING: AG -1 LAND OWNER: KENDAL L. BOWEN 330 BATESVILLE ROAD ALPHARETTA, GA 30004 110-442-61351 CARRIER: AT&T oEs+Ea AJB 660 HEMBREE PARKWAY CHECKED: PWM R05NELL, GA 30016 TOWER OWNER d GROWN CASTLE DEVELOPER 2000 CORPORATE DRIVE GANON55UR6, PA 15311 MARY 6UY / ROB WILLIAM5 813-342-3850 / 110-331-0156 ENGINEER: PM$A 30 MANSELL COURT, SUITE 103 ROSNELL, 6A 30016 PATRICK W MARSHALL, P.E. 618-280-2325 POWER: 5AWNEE EMG TELCO: ATdT DRAWING INDEX T -I TITLE SHEET 3 PROJECT INFORMATION SURVEY G -I OVERALL 51TE PLAN G-2 DETAILED SITE PLAN G-3 TONER ELEVATION d DETAILS G-4 WOOD SLAT FENGE DETAILS 9E CALL BEFORE YOU DIG GEORGIA ONE -CALL 811 http://www.gaupc.com/ P.9 30 MANSEIL CT SUITE 103 ROWELL, GA 30076 678-280.2325 a w ly p� D6 E2222 RQQoa ui T-1 Z O od a W —I W CC Lu 0J _ {L Z W � ~ W H cc a t✓ o oEs+Ea AJB DWI: AJB CHECKED: PWM JOB t: GGATLOOI T-1 LINE BEARING DISTANCE Ll N 37 5347" W 20.81' L2 N 3674'32" E 42.63' L3 N 542645" E 24.23' L4 N 33 08 31 " W 7.00' L5 N 33'08'31 " W 50.00' L6 N 5651'29" E 50.00' L7 N 5651'29" E 50.00' L8 S 33'08'31 " E 50.00' L9 S 565129" W 50.00' L10 N 33'08'31 " W 50.00' L11 S 330831 " E 50.00' L12 S 5651'29" W 50.00' L 13 S 33'08'31 " E 28.02' L14 S 3672 50" W 43.79' L15 N 56 51 '29" E 50.00' L16 N 56'51'29- E 50.00' TM 22 380007350192 KENDALL L. BOWEN DB 32194, PG 342 ZONED N/A RBS = #4 REBAR SET RBF = #4 REBAR FOUND FC = METAL FENCE CORNER OTPF = OPEN TOP PIPE FOUND THIS PROPERTY IS NOT LOCATED IN A FLOOD HAZARD AREA ACCORDING TO F.I.A. FLOOD MAP 13121CO013F DATED 9-18-2013 N 5872'46" E 255.42' N SITE R� s GP c, VICINITY MAP NOT TO SCALE \.• E \9j01' EXISTING TOWER LEGEND PARENT TRACT INFORMATION LAT: 34°07'44.22" :RECORD DESCRIPTION DATA. COMPILED FROM DEED DESCRIPTIONS PROPOSED TOWER LON:84'21'00.77" P.O.B. :POINT OF BEGINNING. ANS COUNTY GIS LAT: 34'07'44.09" P.O.C. :POINT OF COMMENCEMENT. LON:84'21'00.99" GROUND ELEV. = 1011.0' TiN 22 380007350192 KENDALL L. BOWEN DB 32194, PG 342 ZONED N/A a — X—: FENCE AS NOTED. - - - - _ _ GROUND ELEV. = 1011.0' TOP TOWER ELEV. = 1161.0 OH—'OVER HEAD UTILITY LINES // /- - - - - - - - - 150' TOWER ON 1.0' ON CONCRETE BASE :WOOD UTILITY POLE. / / — —GRA SEL - - °----___ FEEI :ELECTRIC TRANSFORMER. ❑T :TELCO PEDESTAL. WM :WATER METER. / / `\ ^^�\ _ EXISTING LEASE :CABLE TELEVISION / / / / M\ 2500 S.F. U) :POWER POLE / LEASE ADDITION ` -""`__ ���*�_-_ cA / ' �M i - V C L : CENTERLINE 2500 S.F. ` \"i p TEL : TELCO BOX / / TM 22 380007350192 ��_-----' --- _L7___ --- -' \ � rn 11 R/W :RIGHT—OF—WAY / KENDALL L. BOWEN RB- �\ L6 _R�s - L -- --� �� ___107..0 m DB 32194, PG 342 --- --- -- / / ZONED NOT LISTED - ---\ ---� I 4ft\ Do EXIS lNG 20' ACCESS & UTILITY EASEMENT, / / 0.19 Acres P Sq. Feet - /10.4 N 6146'01 " E 10 W:102 RBF - N 58 39'55" E 96.95' ,. ;\06---- _ / ALT ROAD —------------ - \- / ASP - - / - - - _ _ WAY -GRAVEL _ ------ - \_ ------ Tic, -��J6-5029" W S 6146101" ———— - — CTV / AREA TABLE SQUARE FEET ACRE 0 PARENT TRACT 99,279 2.28 © EXISTING TOWER LEASE 2,500 0.06 © TOWER COMPOUND 2,361 0.05 �D ACCESS UTILITY LEASE 8,225 0.19 0 ADDITIONAL TOWER LEASE 2,500 0.06 TOWER LEASE 5,000 0.12 RBS = #4 REBAR SET RBF = #4 REBAR FOUND FC = METAL FENCE CORNER OTPF = OPEN TOP PIPE FOUND THIS PROPERTY IS NOT LOCATED IN A FLOOD HAZARD AREA ACCORDING TO F.I.A. FLOOD MAP 13121CO013F DATED 9-18-2013 N 5872'46" E 255.42' N SITE R� s GP c, VICINITY MAP NOT TO SCALE \.• E \9j01' EXISTING TOWER LEGEND PARENT TRACT INFORMATION LAT: 34°07'44.22" :RECORD DESCRIPTION DATA. COMPILED FROM DEED DESCRIPTIONS PROPOSED TOWER LON:84'21'00.77" P.O.B. :POINT OF BEGINNING. ANS COUNTY GIS LAT: 34'07'44.09" P.O.C. :POINT OF COMMENCEMENT. LON:84'21'00.99" GROUND ELEV. = 1011.0' TiN 22 380007350192 KENDALL L. BOWEN DB 32194, PG 342 ZONED N/A a — X—: FENCE AS NOTED. - - - - _ _ GROUND ELEV. = 1011.0' TOP TOWER ELEV. = 1161.0 OH—'OVER HEAD UTILITY LINES // /- - - - - - - - - 150' TOWER ON 1.0' ON CONCRETE BASE :WOOD UTILITY POLE. / / — —GRA SEL - - °----___ FEEI :ELECTRIC TRANSFORMER. ❑T :TELCO PEDESTAL. WM :WATER METER. / / `\ ^^�\ _ EXISTING LEASE :CABLE TELEVISION / / / / M\ 2500 S.F. U) :POWER POLE / LEASE ADDITION ` -""`__ ���*�_-_ cA / ' �M i - V C L : CENTERLINE 2500 S.F. ` \"i p TEL : TELCO BOX / / TM 22 380007350192 ��_-----' --- _L7___ --- -' \ � rn 11 R/W :RIGHT—OF—WAY / KENDALL L. BOWEN RB- �\ L6 _R�s - L -- --� �� ___107..0 m DB 32194, PG 342 --- --- -- / / ZONED NOT LISTED - ---\ ---� I 4ft\ Do EXIS lNG 20' ACCESS & UTILITY EASEMENT, / / 0.19 Acres P Sq. Feet - /10.4 N 6146'01 " E 10 W:102 RBF - N 58 39'55" E 96.95' ,. ;\06---- _ / ALT ROAD —------------ - \- / ASP - - / - - - _ _ WAY -GRAVEL _ ------ - \_ ------ Tic, -��J6-5029" W S 6146101" ———— - — CTV / / 4 L1 W 103.55' " 124.47 S 5839 55 W 97.86 0 S 5874'37" W 480.18' THE FIELD DATA UPON WHICH THIS PLAT N N 2 O IS BASED HAS A CLOSURE PRECISION OF 23,990 0� JtJ 6� 5 h O U ONE FOOT IN FEET, AND ANTAM 22 380007360423 N W Ct ANGULAR ERROR OF 0-00-03 PER ANGLE POINT AND WAS ADJUSTED USING THE BATESVILLE ROAD INVESTORS (It� G J 3 J COMPASS RULE. Z m THIS PLAT HAS BEEN CALCULATED U Q O O BECLOSURE ACCURATEWITHIN ONIS E UND O E FOOTIN O p,� m O 435,009 FEET. 8P CLS POB EXISTING LEASE & ADDITIONAL LEASE TM 22 380007360274 BATESWLLE ROAD INVESTORS 40 0 40 80 GRAPHIC SCALE 1" = 40' AS -BUILT SURVEY LL 736, 2ND DISTRICT, 2ND SECTION ALPHARETTA GEORGIA FOR: CROWN CASTLE SITE: BATESVILLE BUN: 874819 ADDRESS: 330 BATESVILLE ROAD ALPHARETTA, GA. 30004 FULTON COUNTY 000 CAgwE 3530 TORINGDON WAY, SUITE 300, CHARLOTTE, NC 28277 NATIONAL SURVEY SERVICES COORDINATION BY: GEOLINE SURVEYING, INC. 13430 NW 104th Terrace, Suite A, Alachua, FL 32615 Office:(386) 418-0500 Fax:(386) 462-9986 WWW.GEOLINEINC.COM SURVEY (YORK PERFORMED BY: William R. Gore PROFESSIONAL LAND SURVEYORS, INC. 804 CENTRAL AVE AUGUSTA, GEORGIA 30904 TEL: (706) 738-8771 FAX: (706) 736-6249 DRAWN BY: WRG NECKED BY: WRG JOB #: SURVEYOR'S NOTES 1. BASIS OF BEARING GEODETIC NORTH 2. NO SUBSURFACE INVESTIGATION WAS PERFORMED TO LOCATE UNDERGROUND UTILITIES. UTILITIES SHOWN HEREON ARE LIMITED TO AND ARE PER OBSERVED EVIDENCE ONLY. 3. THIS SURVEY DOES NOT REPRESENT A BOUNDARY SURVEY OF THE PARENT PARCEL. 4. ALL VISIBLE TOWER EQUIPMENT AND IMPROVEMENTS ARE CONTAINED WITHIN THE DESCRIBED AREA. SURVEYOR'S CERTIFICATION I HEREBY CERTIFY TO CROWN CASTLE AND FIDELITY NATIONAL TITLE INSURANCE COMPANY WILLIAM R. GORE PROFESSIONAL LAND UR EYING WILLIAM R. GORE LAND SURVEYOR — GA. 2502 Date: 09-20-2013 G�0RG�q I�� s rFRF0 No. 2502 !yj<gN0 SUF O SAM R. G SHEET 1 OF 3 12'-O' WIDE DOUBLE SWING GATE NOTE. BARBED WIRE OPTIONAL PER TOWER OWNER AND JURISDICTIONAL REQUIREMENTS (TYP) FENCE NOTES: I. ALL WOOD MATERIALS SHALL BE PRESSURE TREATED NO. 2 SOUTHERN YELLON PINE OR BETTER STRUCTURAL GRADE. FENCE SLAT BOARDS SHALL BE 6'-0" WITH CHAMFERED EDGE. 2. ALL STRUCTURAL FRAMING SHALL BE ATTACHED WITH Vol? GALVANIZED RIBBED SHANK HAILS OR 3" GALVANIZED FRAMING 5GREN6 - 2 MINIMUM PER CONNECTION. 3. ALL FENCE SLAT BOARDS SHALL BE ATTACHED TO SUPPORTING STRUCTURAL MEMBERS KITH N8, NIO OR 80 GALVANIZED RIBBED SHANK NAILS - 2 MINIMUM PER CONNECTION. 4, LINE P05T5 SHALL BE SPACED EQUIDISTANT, BUT NOT MORE THAN 10'-O' ON CENTER. 5, FOUNDATIONS ARE DE516NEO TO EMBED INTO TYPICAL 501LS INCLUDING COMPACTED COARSE SAND, MEDIUM STIFF CLAY, OR HARD DENSE CLAY. THE SOIL TYPE SHALL BE VERIFIED PRIOR TO CONSTRUCTION. IF UNUSUAL CONDITIONS ARE FOUND TO EXIST, THE ENGINEER SHALL BE NOTIFIED PRIOR TO CONSTRUCTION. 6, INSTALLER TO PROVIDE A LOCKABLE GATE LATCH KITH COMBINATION LOCK ON THE ACTIVE DOOR. COORDINATE WITH THE CONSTRUCTION MANAGER FOR GROWN LOCK COMBINATION. ALL GATE HARDWARE SHALL BE PRE56ED STEEL OR MALLEABLE GA5TING PER ASTM A153 AND TREATED TO RE515T CORROSION. HARDWARE V151BLE FROM OUTSIDE THE FENCE SHALL BE PAINTED BLACK. 8. REFER TO 51TE PLAN FOR FENCE PAINTING INSTRUCTIONS. A. REFER TO 517E PLAN FOR GATE LOCATION. 10. FENCE DETAILS 5HOPAI ABOVE ARE TYPICAL AND SHALL APPLY TO 51MILAR CONSTRUCTION APPLICATIONS WHETHER SPECIFICALLY STATED OR NOT ON THE 517E PLAN. II. 517E SPECIFIC CONDITIONS MAY REQUIRE SLIGHT ADJU5TMENT5 TO THE DETAILS 5HOM. CONSULT THE ENGINEER IF UNUSUAL CONDITIONS ARE FOUND TO EX15T. wso:10 : uK 0Kl a0Alu:l- 2500 P51 CAST -IN-PLACE CONCRETE P05T FOOTING (TYP) DETAIL5 VIEWED FROM INTERIOR DOG—EARED 5TYLE WOOD FENGE DETAILS NOT TO SCALE STANDARD PRECAST FENCEP05T GAP (TYP) STANDARD BARBED HIRE TENSION CLAMP (TYP) STANDARD 1-1/2' DIA. FENCE LINE P05T ATTACHED KITH ° 3'x3"0/16" PLATE ATTACHED WITH (4) 80 RIBBED SHANK NAILS. ip a PROVIDE (1) AT EACH LINE AND CORNER P05T AND REQUIRED GATE LOCATIONS (TYP) PIPE TO `t TYP. PLATE SLAT BOAR05— FENGE FRAMING (TYP) (TYP) NOTE: THE FENCE CONTRACTOR MAY SUBSTITUTE AND EQUIVALENT 5Y5TEM FOR ATTACHING THE BARBED WIRE TO THE WOOD SLAT FENCE. 3 RONS OF CLA55 III GALVANIZED BARB WIRE (TYP. EACH DIRECTION) BARBED WIRE ATTACHMENT DETAIL NOT TO 5( -ALE BARBWIRE (OPTIONAL) AS REQUIRED PER LOCAL J)RISTIGTION SEE DETAIL BELOW — CONTINUOUS 2x6 5TRONG5AGK BRAGIN6 ALONG TOP OF P05T5 (TYP) TOP OF FENCE TOP OF PO5T/2x4 CONTINUOUS 2x4 5TRONG5ACK BRACING (TYP. x 3 VERTICALLY) fE OF 2x4 BOTTOM OF 2x4 pv'-A 30 MANSELL CT SUITE 103 ROSWELL, GA 30076 678.280.2325 5o DEsmot. AJB DNAWN: AJB CHECKED: PWM joe t: GGATLOOI C-4 FOR A COMPLETE DESCRIPTION OF THE PROPOSED KIANOTE: p TONER REFERENCE THE TONER 5TRUGTURAL AND 30 MANSELL CTS FABRICATION DRAWINGBY OTHERS. SUITE 103 ROSWELL, GA 30076 PROP05ED LIGHTNING 678-280-2325 ROD (TYP) �} TI —t4 PROP05ED ATdT TOWER TOP EQUIPMENT. SEE DETAIL AT RIGHT FOR ADDITIONAL PROPOSED ATdT NC5 RAYGAP DG6-48-i0-0-8F SURGE 5OPPRE55M PROP05ED (3) ATdT ERICSSON KRGI18162-1 ANTENNAS FOR WC5 INFORMATION (TYP) (TYP. OF I TOTAL) AT POSITION 4 (TYP. - I PER SECTOR) EXISTING SPRINT ANTENNAS PROPOSED (3) ATdT ERICSSON KRCII8054-1 ANTENNAS FOR f RELOCATED TO NEW TONER LTE AT POSITION I t PROP05ED (3) ATdT KATHREIN AT 180 FT. Ab.L. RAD CENTER ," (TYP. - I PER SECTOR) IL O 5BNH-ID6565G ANTENNAS FOR � UMT5 AT POSITION 5 LTE I NCS UMT5 (TYP. - I PER SECTOR) 1i EXI5TING VERIZON ANTENNAS ' RELOCATED TO NEW TONER PROP05ED (6) AT4T LTE RRU5-II PROPOSED (IS) UMTS AT 110 FT. A.O.L. RAD CENTER (TYP. - 2 PER SECTOR) 5 PER RRUS-II (TYP. - 5 R SECTOR, STACKED VERTICALLY) EXISTING T -MOBILE ANTENNAS RELOCATED TO NEN TONER UMTS LTE AT 160 FT. A.G.L. RAD CENTER FUTURE CARRIER ANTENNAS PROPOSED (6) ATdT WG5 RRU5-11 AT 150+ FT. A.6L. RAD CENTER WC5 (TYP. - 2 PER SECTOR) EXI5TIN6 TOWER \ PROP05ED ATdT UMTS �Zr RAYGAP 066-48-60-18-81' SURGE SUPPRESSOR WP. OF 2 TOTAL) d (: PROP05ED ATdT LTE WC5 PROP05ED ATdT (8) 3/4" DIA. TRUNK RAYGAP DC47-48$0-18-8F k DG POWER GABLES, (2) 3/8' DIA. TRUNK SURGE SUPPRESSOR n FIBER GABLES d (1) 3/6" RET GABLE ROUTED UP THE TONER PER THE (TYP. OF I TOTAL) LTE STRUCTURAL ANALYSIS. UMT5 PROP05ED SECTOR ujx „ PLATFORM MOUNT (TYP) O NOTE: PROVIDE 6' MIN. EDGE TO EDGE CLEARANCE �3 ~ FAA LIGHTING NOTE: BETNEEN LTE AND NCs ANTENNAS11 It 1111 FAA LIGHTING 15 NOT REQUIRED BASED ON THE a c i, OVERALL HEIGHT OF THE PROP05ED TONER. PRIOR TO PERMITTING AND CONSTRUCTION THE TONER ANTENNA ORIENTATION DETAIL OWNER 5HALL CONDUCT AN FAA STUDY TO NTS 4 UyHo lcl DETERMINE IF TOWER LIGHTING 15 REQUIRED BASED ON THE PROXIMITY TO NEARBY AIRPORTS. N m F PRDFOSED 51M.LATM MOFNE i�� z AM NEEDLES (TYP)PROPOSED MONOPINE TONER WITH 10' MIN. ~ E W+ I ANTISECURITY - JAO (TYP)) 5TRUGTURAL NOTE: J Q J THE PROP05ED MONOPINE TOWER WILL BE DESIGNED TO SUPPORT A MINIMUM OF 5 CARRIERS ANTENNAS _� > W AND RELATED EQUIPMENT. J W WOOD FENCE < z (TYP) W 5 a PROPOSED 10' WIDE PLANTED LANDSCAPE BUFFER ACRO55 Q FRONT FACADE d NATURAL 11- SCREENING THREE SIDES (TYP) EQUIPMENT MATERIAUGOLOR LI5T: TONER COLOR - NATURAL BARK FOREST BROWN TE ## 9c R MOUNT COLOR -PAINTED TO MATCH TRUNK d NEEDLES ;{ ANTENNA COLORW. -PAINTED TO MATCH NEEDLES opo: A-15 GABLE COLOR - PAINTED TO MATCH NEEDLES N 23000 WAWN: AJB NEEDLE COLOR - NATURAL NEEDLE FOREST GREEN P FESSI L !CLL CHECK(A. PWM BRANCH COLOR - NATURAL BRANCH FOREST BROWN FENCE COLOR - NATURAL GREEN TREATED HOOD FENCE JOB /: GGATLOOI PROPOSED 48kd1' COWOU3ID EXPANSION .,r N STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON T13-03/VC13-08 AN ORDINANCE TO APPROVE A MODIFICATION TO AN EXISTING WIRELESS TELECOMMUNICATIONS TOWER LOCATED AT 330 BATESVILLE ROAD TO REMOVE AN EXISTING FACILITY (150 FEET) AND REPLACE WITH A MONO-PINE FACILITY(195 FEET) AND TO APPROVE TWO CONCURRENT VARIANCES AS PERMITTED IN SEC 54-7(a)(2) OF THE CITY OF MILTON CODE OF ORDINANCES. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on January 6, 2014 at 6:00 p.m. as follows: SECTION 1. That the modification to the existing wireless telecommunications tower located at 330 Batesville Road and two part concurrent variance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 6th day of January, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON T13-03/VC13-08 Recommended Conditions for T13-03/VC13-08 330 Batesville Road Should the Mayor and City Council choose to approve the application, Staff recommends the following conditions(s): 1 The maximum height of the facility shall be 195 feet. Said facility shall be “mono-pine” in appearance. 2 The total leased area shall be 5,000 square feet as shown on the survey submitted to the Community Development Department on November 19, 2013. 3 To provide tower setbacks from adjacent property lines on all sides to (a) 165 foot and 181 feet on the northwestern property lines, (b) 175 feet on the northeastern property line, and (c) 49 feet on the eastern property line, as shown on the site plan submitted to the Community Development Department on November 19, 2013. (Sec. 54-6(d)(2)) (VC13-08 – Part 1) 4 To waive the 20 foot landscaping buffer requirement as the ground equipment on the site will be shielded by a wooded slatted fence and existing vegetation. (Sec. 54-6(e)) (VC13-08 – Part 2) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON T13-03/VC13-08 SITE PLAN SUBMITTED ON NOVEMBER 19, 2013 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON T13-03/VC13-08 LEGAL DESCRIPTION SUBMITTED ON NOVEMBER 19, 2013 rl HOME OF' M I -TO N 1 STABtISHrD 1000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 6, 2013 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to, 850 Fahrenheit Pizzeria, LLC dba 850F Barpizza, Located at 12635 Crabapple Road, Suite 310, Milton, Georgia 30004. The Applicant is Glenn Griffith —Consumption on Premise —Wine, Malt Beverages. and Distilled Spirits. MEETING DATE: Monday, December 16, 2013 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: {APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: O YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR REMARKS (-2- 142 13 () NOT APPROVED NO NO () NOT APPROVED ® You= 0 _ PHONE: 678,242.25001 FAX: 678.242.2499 ,.GreenW Community info@cityofmiltonga,us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on November 15, 2013 for the December 16, 2013 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License 850 Fahrenheit Pizzeria, LLC dba 850F Barpizza, Located at 12635 Crabapple Rd., Suite 310, Milton, GA 30004. ____________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to 850 Fahrenheit Pizzeria, LLC dba 850F Barpizza for consumption on premises of wine, malt beverages, and distilled spirits. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. Staff has processed the application and recommends issuance of the applicable license for: Business Name: 850 Fahrenheit Pizzeria, LLC dba 850F Barpizza Contact Name: Glenn Griffith Business Address: 12635 Crabapple Rd., Suite 310 Milton, GA 30004 Type of License: Consumption on Premises - Wine, Malt Beverages, and Distilled Spirits Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Kathy Field, Director of Community Development Attachment(s): None. 9 HOME OF' TON'k S CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 6, 2013 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Fujian Inc. dba Volcano Asian Bistro, Located at 5316 Windward Parkway, Milton, Georgia 30004, The Applicant is Jenny Lin — Consumption on Premise — Wine, Malt Beverages, and Distilled Spirits. MEETING DATE: Monday, December 16, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: y APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (j YES (V NO CITY ATTORNEY REVIEW REQUIRED: O YES XNO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR: !-Z- I (Vr S REMARKS Yours- ** Green - 0, }C:nnistc,�* PHONE: ra78.242.2500 FAX: 678.242.2499Community thy;` infofcityofmiltonga.us I www.cltyofmlltonga.us 13000 Deerfield Parkway, Suite 107 1 Miiton GA 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on November 15, 2013 for the December 16, 2013 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License Fujian Inc dba Volcano Asian Bistro, Located at 5316 Windward Parkway,Milton, GA 30004. ____________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to Fujian Inc dba Volcano Asian Bistro for consumption on premises of wine, malt beverages, and distilled spirits. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Fujian Inc dba Volcano Asian Bistro Contact Name: Jenny Lin Business Address: 5316 Windward Parkway, Milton, GA 30004 Type of License: Consumption on Premises - Wine, Malt Beverages, and Distilled Spirits Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Kathy Field, Director of Community Development Attachment(s): None. rM HOME OF' F � FA 1;1 I I f F I CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 6, 2013 FROM: City Manager AGENDA ITEM: Consideration of RZ13-16NC13-06 — Northeast Corner of Bethany Bend and Cogburn Road by Arrowhead Real Estate Partners, LLC to Rezone from AG -1 (Agricultural) to NUP (Neighborhood Unit Plan) to Develop 28 Single Family Residences at a Density of 3.08 Units Per Acre and to Request the Following Concurrent Variance: To Reduce the Interior Building Separation from 14 Feet to 10 Feet for the Entire Development [Sec. 64-921(k)]. MEETING DATE: Monday, December 16, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: YAPPROVED O NOT APPROVED CITYATTORNEY APPROVAL REQUIRED: O YES NO CITY ATTORNEY REVIEW REQUIRED. O YES K NO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR: 12 3 REMARKS Your PHONE: 678.242.2500 1 FAX: 678.242.2499 Community Infofcityofmlltonga.us www.cltyofmlMonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 1 of 33 RZ13-16 VC13-06 RZ13-16/VC13-06 PROPERTY INFORMATION ADDRESS Northeast corner of Bethany Bend and Cogburn Road DISTRICT, LAND LOT 2/2 832 OVERLAY DISTRICT SR9 Overlay EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING NUP (Neighborhood Unit Plan) ACRES 9.0911 EXISTING USE undeveloped PROPOSED USE 28 Single Family Residences PETITIONER Arrowhead Real Estate Partners LLC – Curtis Hicks ADDRESS 350 Research Ct, Suite 100 Norcross, GA 30092 404-867-8279 OWNER Cogburn and Bethany LLC ADDRESS 430 Tournament Players Drive Milton, GA 30004 404-456-3195 COMMUNITY DEVELOPMENT RECOMMENDATION RZ13-16 – APPROVAL CONDITIONAL VC13-06 – APPROVAL CONDITIONAL INTENT To rezone from AG-1 to NUP (Neighborhood Unit Plan) to develop 28 single family residences at a density of 3.08 units per acre and to request the following concurrent variance: To reduce the interior building separation from 14 feet to 10 feet for the entire development(Sec 64-921(k)). Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 2 of 33 RZ13-16 VC13-06 PLANNING COMMISSION RECOMMENDATION – November 20, 2013 RZ13-16 – DENIAL – 6-0 VC13-06 – DENIAL – 6-0 The Planning Commission expressed concern about the following issues regarding the proposed rezoning: 1) Does not provide an appropriate transition from Cambridge High School north to Oakstone Glen subdivision. Residential is appropriate but density is too high. 2) The homes are too close together and too close to Bethany Bend. The Commission did not like the alley product; no guest parking on the site. 3) Internal roads are too narrow. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 3 of 33 RZ13-16 VC13-06 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 4 of 33 RZ13-16 VC13-06 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 5 of 33 RZ13-16 VC13-06 2030 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 6 of 33 RZ13-16 VC13-06 SITE PLAN SUBMITTED ON OCTOBER 2, 2013 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 7 of 33 RZ13-16 VC13-06 REVISED SITE PLAN SUBMITTED ON NOVEMBER 12, 2013 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 8 of 33 RZ13-16 VC13-06 GRADING PLAN SUBMITTED NOVEMBER 18, 2013 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 9 of 33 RZ13-16 VC13-06 EXISTING SPECIMEN TREE SURVEY Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 10 of 33 RZ13-16 VC13-06 LANDSCAPE/BUFFER / FENCE DETAIL RECEIVED ON NOVEMBER 13, 2013 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 11 of 33 RZ13-16 VC13-06 Proposed Architecture submitted on November 13, 2013 Proposed Architecture submitted on November 13, 2013 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 12 of 33 RZ13-16 VC13-06 Proposed Architecture submitted on November 13, 2013 LOOKING AT SUBJECT SITE FROM THE SOUTH Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 13 of 33 RZ13-16 VC13-06 LOOKING AT SUBJECT SITE FROM THE SOUTH Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 14 of 33 RZ13-16 VC13-06 LOOKING WEST FROM SUBJECT SITE SUBJECT SITE The subject site contains 9.09 acres. The parcel is undeveloped with AG-1 zoning. A total of 28 single family residences are proposed. The applicant is requesting a rezoning to NUP (Neighborhood Unit Plan District) to build 28 single family residences at an overall density of 3.08 units per acre. HISTORY AND BACKGROUND Prior to the current request for 28 single family homes, the applicant submitted a prior plan pursuant to RZ12-17 for an assisted living facility and single family homes. The applicant withdrew the application to allow time for Staff to begin the Highway Nine North Visioning Study to further study the subject site as well as properties along Hwy 9 north of Bethany Bend. The Highway Nine North Visioning Study held the first meeting on February 6, 2013. After further evaluation of the situation, there was a need for a more detailed study of the subject site to help determine what types of uses would be Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 15 of 33 RZ13-16 VC13-06 appropriate. The City retained Dr. Michael Elliott of the Southeast Negotiation Network. Dr. Elliott interviewed members of the Stakeholders Committee which consisted of adjacent and nearby neighbors as well as the subject site’s owners. After these interviews, there were four meetings held to discuss and mediate a solution for the site. At the August 21, 2013 meeting, a consensus was agreed upon with the majority of the stakeholder members to develop the property with 28 single family residences. Staff held a technical meeting on September 19, 2013 for the stakeholders, developer, and property owners to discuss technical issues on the site. To help facilitate the discussion, the Public Works Director was present to answer questions regarding transportation and hydrology issues. The next step in the process was implementation. There were two paths that could take place. The first would be to wait for the Highway Nine North Study to be completed and then the subsequent Form Base Code created for the study area. This was estimated to take 6 to 9 months to complete. The alternative path would be to have the property owner/developer submit a rezoning plan based on the agreed upon use and density. Thus, the site plan submitted to the Community Development Department on October 2, 2013 was based on the discussions and agreement with the stakeholders. Subsequent to that site plan, a revised site plan was submitted on November 12, 2013 that reflected a minor change to the shape and location of the stormwater facility along the northeastern portion of the site based on more detailed study of the hydrology of the site. A grading plan was also submitted on November 18, 2013 to reflect this change. Staff has included the report from the August 21, 2013 stakeholders meeting and Technical Meeting on September 19, 2013 at the end of the Staff report, which outlines the agreed upon use, density and other conditions for the site. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on November 12, 2013, Staff offers the following considerations: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 16 of 33 RZ13-16 VC13-06 DEVELOPMENT STANDARDS – SEC. 64-897 - NUP (Neighborhood Unit Plan) Development Standards Proposed Development No building shall exceed 40 feet in height 40 feet Minimum lot area – 4,000 square feet Exceeds the minimum. 4,750 square feet. Minimum NUP development size shall be four acres and Maximum size is twelve acres. The NUP development size is 9.0911 acres Maximum density allowed is 5 units per gross acre The density of the subject site is 3.08 units per acre Minimum lot width (at building line) none or as per conditions 47 feet as per Plan Minimum NUP development frontage shall be 20 feet adjoining a street Exceeds the minimum Minimum lot frontage shall be 20 feet adjoining a street 45 Feet Minimum heated floor area 1,000 Square feet 2,400 square feet as shown on the revised site plan received on November 12, 2013. Staff notes that during discussions with the community, the applicant stated that the house size would be approximately 2,800 square feet in size. Therefore, Staff will include the larger size in the Recommended Conditions. Minimum perimeter setback 40 feet adjacent to AG-1 Exceeds the minimum Minimum interior building separation is 14 feet 10 feet – Please see Concurrent Variance discussed below The following are proposed building setbacks and development standards for individual lots (NUP allows for applicant to specify building setbacks): a) Front yard setback – 20 feet b) Side yard setback – 5 feet c) Side yard setback adjacent to a street – 10 feet d) Rear yard- 20 feet e) Perimeter setback adjacent to AG-1 - 75 feet Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 17 of 33 RZ13-16 VC13-06 f) Landscape strips along Bethany Bend – 20 feet VC13-06 – Reduce the minimum building separation from 14 feet to 10 feet. The applicant is requesting this concurrent variance in order to develop the property in such a way to provide for the 75 foot undisturbed buffer and the 130 foot park. The buffer and park area provide additional transition from the proposed higher density residential to Oakstone Glen subdivision developed on minimum one acre lots. It is Staff’s opinion that by reducing the separation by 4 feet would not offend the spirit or intent of the zoning ordinance. Secondly, the 75 foot undisturbed buffer and park area consisting of over one acre are conditions pertaining to this particular piece of property that create an unnecessary hardship due to these requirements. Thirdly, if this reduction is granted, it would not cause a substantial detriment to the public good and surrounding properties based on the fact that the homes are oriented away from other developed lots. Lastly, the requested 10 feet separation is in compliance with City regulations regarding building code and public safety, health and welfare are secured. Therefore, it is Staff’s opinion that the proposed request for a concurrent variance to reduce the minimum building separation from 14 to 10 feet should be APPROVED CONDITIONAL. LANDSCAPE STRIPS AND BUFFERS Sites developed with single family residential are not required to provide for landscape strips and buffers. The proposed plan provides for a 20 foot landscape strip along Bethany Bend and Cogburn Road. In addition, a 75 foot natural undisturbed buffer and 10 foot improvement setback are provided along the north property line, except where the stormwater facility is located at the northeast corner of the property. The intent of this buffer is to provide a separation and screening to the Oakstone Glen subdivision. This buffer while it is intended to be undisturbed, where needed, additional plantings may be planted and will require the approval of the City Arborist. In addition, the proposed stormwater faclitiy is located within the undisturbed buffer. These requirements will be reflected in the Recommended Conditions. Staff notes that the applicant has designed their stormwater facility so as not to require a fence and 20 foot landscape strip around the entire facility. There may be a need for a fence where a portion of the facility may contain a wall on a small portion of the facility. The applicant has stated that it will be natural in appearance. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 18 of 33 RZ13-16 VC13-06 OTHER SITE PLAN CONSIDERATIONS Pursuant to Sec 64-2392, the Zoning Ordinance requires sidewalks which shall be constructed in accordance with the Department of Public Works standard plan which requires sidewalks on both sides of the street. Within the City Code, Chapter 50, Subdivisions, it is required that sidewalks within residential subdivisions be a minimum of 5 feet in width with a minimum 2 foot beauty strip between the sidewalk and the curb. The site plan meets this requirement. In addition, the site plan shows compliance with the required Milton Trail along Bethany Bend and Cogburn Road. For this area of the City, the requirement is a 10 foot wide sidewalk. The applicant has agreed to relocate the existing above ground power line servicing 13695 Cogburn Road underground with a power easement and provide a power pole to service 13695 Cogburn Road. A condition to reflect this requirement is included in the Recommended Conditions. An equestrian style fence wrapped with hog wire with a maximum height of eight (8) feet will be required along the north property line or as needed to avoid specimen trees. A condition to reflect this requirement is 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, a stream, historical sites or sensitive plant and animal species. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 19 of 33 RZ13-16 VC13-06 FULTON COUNTY BOARD OF EDUCATION Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 20 of 33 RZ13-16 VC13-06 FINANCIAL MODELING RESULTS Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 21 of 33 RZ13-16 VC13-06 CITY ARBORIST Undisturbed buffer to be planted where sparsely vegetated. Tree Protection/Landscape Plan required meeting the Tree Preservation Ordinance at the time of Land Disturbance Permit application. Plan showing recompense tree replacement for specimen trees to be removed. (For required trees that site will not accommodate, dollar amount determined by city arborist will be placed into the city tree fund.) Recompense calculations: To Be Removed Unit Value 31” Oak 15.6 39” Oak 24.9 29” Magnolia 13.8 54.3 units 4” Recompense tree = 0.7 units each 54.3/0.7 = 76 - 4” trees required to be planted on site or in lieu of planting, dollar amount to the city tree fund @ $500.00 per tree. Recompense trees will be in addition to trees required by zoning or conditions. FIRE MARSHAL After review by the Fire Marshal, there were no comments. PUBLIC WORKS DEPARTMENT • Current Site Plan does not include the following items: • 5’ landscape strip between sidewalk and curb • ROW at least 1’ behind sidewalk • Westbound right turn lane at new access driveway • No area for cross-access easement • Houses on east end of project may need to shift north to accommodate right of way reservation Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 22 of 33 RZ13-16 VC13-06 PUBLIC INVOLVEMENT On October 29, 2013 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were two people from the community in attendance. One of the residents was concerned about the number of homes being proposed and distance between the homes. The other resident did not have any specific comments. PUBLI C PARTICIPATION REPORT The applicant held their Public Participation meeting on Thursday, November 07, 2013 and submitted their report within the required time prior to the Planning Commission Meeting. There were six members of the community present at the meeting. The following concerns were expressed regarding the proposed development: The size, elevation, price point and location of the homes to be built. The design of the park space on the corner. Any required easements. The location and size of the detention pond. The applicant made the following response to issues and concerns: Photos of existing homes in the City of Milton were provided. The developer is having a landscape design created for the green space. The pond is being located and sized to create a minimum of impact on adjoining properties. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – November 5, 2013 Concerned about the density of the development. Supports sidewalk along Bethany Bend. Porches should be a minimum of 8’ wide. The reality is that the subdivision will not only cater to empty nesters; there will be families with kids. Share the project at the Highway 9 meeting was to be held on November 6, 2013. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 23 of 33 RZ13-16 VC13-06 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 proposed subdivision developed at a density of 3.08 units per acre provides a transition from the south where Cambridge High School is located to the north where the Oakstone Glen Subdivision and other scattered single family residences are located and developed with minimum one acre lots. To the southwest, Kings Ridge Christian School is located in the City of Alpharetta which also impacts the subject site. In addition, the 75 foot undisturbed natural buffer is located on the north to further ameliorate the proposed 28 lots. Lastly, the 130 foot greenway/passive park along the west property line will appear as a more natural view from Coburn Road. It is Staff’s opinion that the proposed use is suitable with adjacent and nearby developments and zonings if approved with Staff’s recommended conditions that reflect the undisturbed natural buffer and greenway/passive park. Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 AG-1 (Agricultural) Oakstone Glen Subdivision Min. 1 unit/acre Northeast 2 Z00-052 C-1 (Community Business) Kids “R” Kids Learning Center 4,771.25 square feet/acre Total of 14,600 total square feet with 240 students Farther North 3 AG-1 (Agricultural) Scattered homes Min. 1 unit/acre East 4 Z04-022 C-1 (Community Business) Retail Shopping Center 7,314.03 square feet/acre Southeast 5 Z99-77 C-1 (Community Business) Retail Shopping Center 7,846.04 square feet/acre South 6 05Z-115 CUP (Community Unit Plan) Cambridge High School 2.98 units/acre Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 24 of 33 RZ13-16 VC13-06 Southwest In Alpharetta 7 (AG-1) 05U-002 AG-1 (Agricultural) Kings Ridge Christian School 4,872.13 square feet per acre Total of 341,000 square feet West 8 AG-1 (Agricultural) Scattered residential Min. 1 unit/acre Northwest 9 R-2A (Residential) Scattered residential Min. 1 unit/acre Further Northwest 10 AG-1 (Agricultural) Devonshire Farms Subdivision Min. 1 unit/acre Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 25 of 33 RZ13-16 VC13-06 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 26 of 33 RZ13-16 VC13-06 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal will have a minimal effect on the existing use or usability of the adjacent properties as described above if approved with the Recommended Conditions for 28 lots, 75 foot undisturbed buffer and an 130 foot wide park along Cogburn Road. 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 currently zoned AG-1 (Agricultural). 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? The applicant will be required to provide the transportation improvements listed in the Recommended Conditions. These improvements will help ameliorate the increased amount of traffic created by the proposed development. Based on the estimated enrollment numbers both Summit Hill and Cambridge High School have room for additional students while Hopewell Middle School is over capacity. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? Proposed use/density: Single Family Residential at 3.08 units per acre Although the City of Milton 2030 Future Land Use Plan recommends Agricultural, Equestrian, Estate Residential on the site, it is Staff’s opinion that the proposed development provides an appropriate transition from the high intensity institutional use to the south, Cambridge High School , to the single family one acre lots to the north. In addition, the 2030 Future Land Use Plan recommended the following policy for the area: “Creating a Master Plan for the Highway 9 Corridor including Bethany Bend is a high priority for the community, and it is strongly Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 27 of 33 RZ13-16 VC13-06 recommended that development occur in this area only after the Master Plan has been adopted.” Staff notes that the owner and the applicant of the property has chosen the path of applying for a rezoning based on the negotiations discussed below instead of waiting for the Highway 9 North Visioning Study to be completed. Over the past months beginning in February, 2013, Staff has worked with the community as a whole and special interest areas to develop the Highway 9 North Visioning Study. The subject site is within the area to be evaluated. Staff has hosted several meetings with the Stakeholders of this Bethany Bend/Cogburn Road area and a professional mediator to assist the Staff in providing a land use recommendation for the subject site. The end result of the mediation with the Stakeholders and the property owner is the proposed 28 lot single family subdivision. 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? Since the adoption of the 2030 Future Land Use Plan, property to the south which was zoned for single family residential at a density of 2.98 units per acre, Fulton County Board of Education built Cambridge High School and associated uses. In addition, Kings Ridge Christian School located i n Alpharetta to the southwest was approved for a total of 341,000 square feet. These large institutional uses affect the future use and development of the subject site. It is Staff’s opinion that the proposed 28 single family residential development would provide an appropriate transition from the south and southwest to the north of the subject site where Oakstone Glen Subdivision and homes further north are developed with one acre lots. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City if developed with the recommended conditions. It is Staff’s opinion that the proposal will not adversely affect existing use or usability of the adjacent properties as described above. The proposed Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 28 of 33 RZ13-16 VC13-06 development provides a transition between the existing densities and uses. CONCLUSION Although the proposed request from AG-1 (Agricultural) to NUP (Neighborhood Unit Plan) developed at 3.08 units per acre is not consistent with the City of Milton 2030 Comprehensive Plan Map designation of Agricultural, Equestrian, and Estate Residential, it provides an appropriate transition from Cambridge High School to the south to single family residential developments developed at one unit per acre. In addition, the 75 foot undisturbed buffer along the north property line and a park with over one acre provides additional buffering and transition for the area. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ13-16 and VC13-06 to rezone from AG-1(Agricultural) to NUP (Neighborhood Unit Plan). Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 29 of 33 RZ13-16 VC13-06 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Bethany Bend Road with a frontage of approximately 1,371 feet should be approved for NUP (Neighborhood Unit Plan) 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) Single family detached dwellings and accessory uses and structures. b) No more than 28 total dwelling units at a maximum density of 3.08 units per acre, whichever is less, based on the total acreage zoned. Approved lot/units totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/units yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on November 12, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 30 of 33 RZ13-16 VC13-06 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size – 4,750 square feet b) Maximum building height – 40 feet c) Minimum lot width– 47 feet d) Minimum lot frontage – 45 feet e) Minimum heated floor area per units – 2,800 square feet f) Minimum front yard setback – 20 feet g) Minimum side yard setback adjacent to street– 10 feet h) Minimum side yard setback– 5 feet i) Minimum rear yard setback- 20 feet j) Minimum interior building separation – 10 feet (VC13-06) k) Provide a 20 foot wide landscape strip along Bethany Bend and Cogburn Road interior to the 10 foot Milton Trail, landscape design along Bethany Bend and Cogburn Road shall be substantially consistent with the renderings submitted to the Community Development Department on November 13, 2013 or as approved by the Community Development Director with assistance from the City Architect. i) Provide an equestrian style, four or five board fence not to exceed 55 inches in height interior to the Milton Trail. ii) Provide a minimum five (5) foot pervious walkway along the front of homes adjacent to Bethany Bend Road (interior to equestrian fence) and provide interconnectivity with the Milton Trail as approved by the Community Development Director. l) Construction and design of residential structures shall be substantially consistent with the photos submitted to the Community Development Department on November 13, 2013 or as approved by the Community Development Director with assistance from the City Architect. All single family residential structures will be reviewed and approved by the Community Development Director with assistance from the City Architect. m) All front porches shall be a minimum of eight (8) feet in depth. n) All structures located on a corner shall provide additional architectural design of elevations facing the secondary street/driveway as approved by the Community Development Director with assistance from the City Architect. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 31 of 33 RZ13-16 VC13-06 o) Provide a 75 foot undisturbed natural buffer and 10 foot wide improvement setback along the north property line as depicted on the revised site plan submitted on November 12, 2013 except for the proposed stormwater facility and limited grading as shown on the grading plan received by the Community Development Department on November 18, 2013. In addition, where necessary provide additional plantings in the buffer as approved by the City Arborist. p) Provide a maximum eight (8) foot equestrian style fence wrapped with hog wire along the north property line or as needed to avoid specimen trees. q) The subject site shall not be allowed to be a “sending” or “receiving” area for “Transfer of Development Rights. r) Grading shall be limited to areas shown on the grading plan received by the Community Development Department on November 18, 2013. Graded areas shall be replanted as approved by the City Arborist. 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 as required and approved by the Public Works Department: i. Provide 10 foot concrete trail and 5 foot landscape strip behind back of curb along entire property frontage of Bethany Bend 1) Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk ii. Installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances : 1) West Bound Right Turn Lane on Bethany Bend at Cogburn Road Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 32 of 33 RZ13-16 VC13-06 a. Modification to signal mast arm (match existing in like kind) at northeast corner intersection to accommodate turn lane and sidewalk improvements 2) East Bound Left Turn Lane on Bethany Bend at new access drive 3) West Bound Right Turn Lane on Bethany Bend at new access drive b) Provide a 50 foot wide cross-access easement free of any structures or above ground utilities for future vehicular and pedestrian inter-parcel access on the east property line as required and approved by the City of Milton Public Works Department. c) Reserve for the City of Milton, sufficient land as necessary to provide for compliance with the Comprehensive Transportation Plan and the proposed intersection improvement project PI 0012625 SR 9 at Bethany Bend. Reservation shall be approved by City of Milton Public Works Department. d) The 130 foot wide greenway/passive park along Coburn Road shall remain undeveloped with residential structures and be included as “Common Area” in the final plat. In addition, the future owner shall make the “Common Area” a permanent conservation easement. e) Apply deed restrictions to the “Common Area” preventing future sewer easements through said property. f) Relocate above ground power line to an underground easement and new power service to 13965 Cogburn Road with no interruptions. 5) To the owner’s agreement to abide by the following: a. The stormwater management facilities 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 City of Milton Department of Community Development and the Department of Public Works. 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 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 16, 2013 12/12/2013 Page 33 of 33 RZ13-16 VC13-06 welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. b. Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. ORDINANCE NO._______ PETITION NO. RZ13-16/VC13-06 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO NUP (NEIGHBORHOOD UNIT PLAN) FOR A 28 LOT SINGLE FAMILY SUBDIVISION PROPERTY LOCATED AT THE NORTHEAST CORNER OF BETHANY BEND AND COGBURN ROAD CONTAINING 9.0911 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on December 16, 2013 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 the Northeast Corner of Bethany Bend and Cogburn Road, consisting of a total of approximately 9.0911 acres as described in the attached legal description, be rezoned to the NUP (Neighborhood Unit Plan) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 832 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the NUP (Neighborhood Unit Plan) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 24 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 16th day of December, 2013. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Bethany Bend Road with a frontage of approximately 1,371 feet should be approved for NUP (Neighborhood Unit Plan) 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) Single family detached dwellings and accessory uses and structures. b) No more than 28 total dwelling units at a maximum density of 3.08 units per acre, whichever is less, based on the total acreage zoned. Approved lot/units totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/units yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on November 12, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size – 4,750 square feet b) Maximum building height – 40 feet c) Minimum lot width– 47 feet d) Minimum lot frontage – 45 feet e) Minimum heated floor area per units – 2,800 square feet f) Minimum front yard setback – 20 feet g) Minimum side yard setback adjacent to street– 10 feet h) Minimum side yard setback– 5 feet i) Minimum rear yard setback- 20 feet j) Minimum interior building separation – 10 feet (VC13-06) k) Provide a 20 foot wide landscape strip along Bethany Bend and Cogburn Road interior to the 10 foot Milton Trail, landscape design along Bethany Bend and Cogburn Road shall be substantially consistent with the renderings submitted to the Community Development Department on November 13, 2013 or as approved by the Community Development Director with assistance from the City Architect. i) Provide an equestrian style, four or five board fence not to exceed 55 inches in height interior to the Milton Trail. ii) Provide a minimum five (5) foot pervious walkway along the front of homes adjacent to Bethany Bend Road (interior to equestrian fence) and provide interconnectivity with the Milton Trail as approved by the Community Development Director. l) Construction and design of residential structures shall be substantially consistent with the photos submitted to the Community Development Department on November 13, 2013 or as approved by the Community Development Director with assistance from the City Architect. All single family residential structures will be reviewed and approved by the Community Development Director with assistance from the City Architect. m) All front porches shall be a minimum of eight (8) feet in depth. n) All structures located on a corner shall provide additional architectural design of elevations facing the secondary street/driveway as approved by the Community Development Director with assistance from the City Architect. o) Provide a 75 foot undisturbed natural buffer and 10 foot wide improvement setback along the north property line as depicted on the revised site plan submitted on November 12, 2013 except for the proposed stormwater facility and limited grading as shown on the grading plan received by the Community Development Department on November 18, 2013. In addition, where necessary provide additional plantings in the buffer as approved by the City Arborist. p) Provide a maximum eight (8) foot equestrian style fence wrapped with hog wire along the north property line or as needed to avoid specimen trees. q) The subject site shall not be allowed to be a “sending” or “receiving” area for “Transfer of Development Rights. r) Grading shall be limited to areas shown on the grading plan received by the Community Development Department on November 18, 2013. Graded areas shall be replanted as approved by the City Arborist. 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 as required and approved by the Public Works Department: i. Provide 10 foot concrete trail and 5 foot landscape strip behind back of curb along entire property frontage of Bethany Bend 1) Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk ii. Installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances : 1) West Bound Right Turn Lane on Bethany Bend at Cogburn Road a. Modification to signal mast arm (match existing in like kind) at northeast corner intersection to accommodate turn lane and sidewalk improvements 2) East Bound Left Turn Lane on Bethany Bend at new access drive 3) West Bound Right Turn Lane on Bethany Bend at new access drive b) Provide a 50 foot wide cross-access easement free of any structures or above ground utilities for future vehicular and pedestrian inter-parcel access on the east property line as required and approved by the City of Milton Public Works Department. c) Reserve for the City of Milton, sufficient land as necessary to provide for compliance with the Comprehensive Transportation Plan and the proposed intersection improvement project PI 0012625 SR 9 at Bethany Bend. Reservation shall be approved by City of Milton Public Works Department. d) The 130 foot wide greenway/passive park along Coburn Road shall remain undeveloped with residential structures and be included as “Common Area” in the final plat. In addition, the future owner shall make the “Common Area” a permanent conservation easement. e) Apply deed restrictions to the “Common Area” preventing future sewer easements through said property. f) Relocate above ground power line to an underground easement and new power service to 13965 Cogburn Road with no interruptions. 5) To the owner’s agreement to abide by the following: a. The stormwater management facilities 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 City of Milton Department of Community Development and the Department of Public Works. 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 equivalent as may be approved by the City of Milton Public Works Department. b. Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. REVISED SITE PLAN SUBMITTED ON NOVEMBER 12, 2013 GRADING PLAN SUBMITTED NOVEMBER 18, 2013 LANDSCAPE/BUFFER / FENCE DETAIL RECEIVED ON NOVEMBER 13, 2013 Proposed Architecture submitted on November 13, 2013 Proposed Architecture submitted on November 13, 2013 Proposed Architecture submitted on November 13, 2013 Page is too large to OCR. Page is too large to OCR. 1 | Page Rte. 9 Visioning Process Bethany Bend Area Stakeholder Group Meeting 3 August 21, 2013 Introductions Participants included: Kenneth and Maryanne Hayes, Jim Simpson, PB Nair, Dot Blair, Joe and Barbara Schippert, Lawrence Gross, Elaine Decker, Patrick McAreavey, Lacy Kennedy, Patti and Peter Fredlund, Meg and Sam Baird, and Lynn Lee. Attendees also included Curtis Hicks (developer), Kathy Field, Michele McIntosh‐Ross, and Robyn MacDonald (City officials), and Shubhangi Jangam (City intern). Facilitator: Michael Elliott. Interests and Concerns Following discussion of the agenda, the facilitator reviewed the interests and concerns raised during previous meetings of the stakeholder group, rewording them as principles for evaluating the degree to which the new proposal for the Baird/Lee properties1 meets the interests and concerns expressed by members of the Stakeholder Group. These principles are as follows: 1. Minimize traffic Impact 2. Promote pedestrian safety 3. Promote compatibility of land uses with residential neighbors 4. Design to aesthetic standards 5. Reduce likelihood that this development will encourage commercial, office or higher density residential redevelopment north on Cogburn or west on Bethany Bend a. Sewer b. Precedent 6. Protect privacy of neighbors a. Sight b. Noise 7. Maintain public safety 8. Limit density for compatibility with neighbors In as much as development along Bethany Bend between Route 9 and Cogburn meet these principles, such development would be viewed favorably. The principles were discussed and accepted. 1 For clarity, the nine acre property that runs along Bethany Bend and Cogburn Road, which is jointly owned by Sam and Meg Baird and Lester and Lynn Lee and which constitutes the land being considered by the Bethany Bend Stakeholder Group and by the plans discussed during the meeting, will be referred to as the Baird/Lee properties. 2 | Page Presentation of New Proposal Curtis Hicks presented the new proposal for the Baird/Lee properties. The site plan is attached as Appendix 1. The new option includes 28 single family residential homes with a detention pond near the northeast edge of the property and a shared public space / park at the corner of Bethany Bend and Cogburn. The site includes a 75’ natural buffer along the northern edge of the property. The roadside edge of the property along both Bethany Bend and Cogburn includes a 4’ landscape strip and 10’ sidewalk. In addition, Bethany Bend includes a 20’ landscaped buffer and Cogburn Road includes a 50’ greenway buffer between the sidewalk and the proposed homes. Using elevations from a comparable development (Crabapple Crossing, in downtown Crabapple across from the Old Blind Dog Tavern, as shown in Appendix 2), Curtis described the concept plan as follows. Houses are arrayed with their front doors facing towards Bethany Bend. Automobile entry is back‐loaded from the interior street. Houses are 10’ apart from each other, with small individual lots but large commonly held spaces, including parks and landscaped buffers. Houses are high‐end, quality homes with a price range from the low to mid $400s2. Each is designed distinctly, varying the exterior and interior designs and finishes. Houses would be approximately 3,000 to 3,200 square feet and priced around $125 to $150 per square feet. Parks could either be donated to the city or managed by the homeowners’ association. The park on the corner of Bethany Bend and Cogburn would be open to the public. The HOA would manage the buffers. A covenant would limit rentals to 10 percent of properties, which in this case would round up to three properties. Discussion of Proposal The proposal was examined in light of the principles presented above, as follows: 1. Minimize traffic Impact Residents are concerned about the increase in traffic along Bethany Bend and Cogburn. Traffic will increase as Cambridge High School increases its enrollment through the junior and senior class years and as King’s Ridge Christian School completes construction and occupies its high school. Improvements along Bethany Bend are needed to manage this traffic. City officials noted that currently the City has no plans to redesign Bethany Bend or Cogburn. Before major changes were made, the Public Works Department would need to do a detailed study and improvement plan. The proposed development has been designed to minimize traffic impacts. An interior roadway will remove local circulation from Bethany Bend. Entrance to the development will be from one point, located directly across from Cambridge High’s entrance. A secondary entrance onto Cogburn that 2 While some residents are concerned that this price range may not be achieved, the developer is confident that it is realistic. 3 | Page was included in previous designs has been eliminated.3 Details concerning the entrance design from Bethany Bend will also be subject to Department of Public Works review. There was some discussion about the traffic impacts of 28 houses connecting to Bethany Bend through one point of entrance and egress relative to the impact of nine houses egressing through nine driveways along both Bethany Bend and Cogburn (as allowed by the current AG‐1 zoning). The single point of entrance and egress has significant advantages that offset traffic generated by the additional houses and overall this was seen as a reasonable way to manage traffic. 2. Promote pedestrian safety The property includes a 4’ landscape strip and 10’ sidewalk along both Bethany Bend and Cogburn Road. This is consistent with previous designs, and would improve pedestrian safety along Bethany Bend across from Cambridge High School and along a segment of Cogburn. There was some discussion about how to extend sidewalks beyond the project, but this was seen as an issue requiring city or school action, not developer action. 3. Promote compatibility of land uses with residential neighbors The land use proposed is now completely detached residential. It no longer contains institutional (assisted living) or commercial/office uses as envisioned in previous proposals by the developer and owners. The land use was seen as compatible (although questions of density were discussed further, as shown below).4 4. Design to aesthetic standards There was widespread agreement amongst residents, the owners, and the developer that the development should be of high quality, with each house offering a unique identity, designed and built with a variety of materials (brick, granite, wood) to create varied exteriors and interiors. Two sets of elevations were presented as examples of high quality development, the first by the developer as shown in Appendix 2 and the second by one of the residents (Dot Blair) as shown in Appendix 3. As a corollary issue, city officials were asked how aesthetic standards would be incorporated into any rezoning decision. Two options are possible: if the development occurs after adoption of Form‐ Based Codes for this area, then the Codes would include design standards that would apply to all developments in the area, with specific provisions for the Baird/Lee properties. This, however, would take six to eight months to complete. If the owners apply for a rezoning before the Codes are completed, then the City would incorporate such standards into the rezoning, based on the plan and examples being presented today. In either case, the development would be subject to review 3 The specifics of the design will need to be reviewed by Milton’s Departments of Public Works and for conformance to safety and access requirements. Preliminary review has determined that access from Cogurn Road will not be required. In a worst case scenario, if access via Cogburn Road should be needed, it will be a controlled access, for emergency vehicles only. 4 A participant raised concerns that the report for Meeting 2 included comments made by City officials without noting who made the comment. The comments concerned alternative development ideas that were consistent with AG‐1 zoning. Since the report does not indicate who made the comment, it potentially suggests that it comes from a community member and may therefore be misleading. 4 | Page by the Design Review Board and the Department of Community Development with the assistance of the City Architect. 5. Reduce likelihood that this development will encourage commercial, office or higher density residential redevelopment north on Cogburn or west on Bethany Bend It should be noted first that community residents were unanimously opposed to further institutional, commercial/office, or higher density residential redevelopment north on Cogburn or west on Bethany Bend from the proposed project. While there was willingness within the Stakeholder Group to consider the unique characteristics of the proposed project as a transitional area separating AG‐1 and single family residential zones from Route 9 development and Cambridge High School, there was also a great deal of concern that any such consideration would later encourage yet more redevelopment to the north and west, both by providing easier access to sewer hookups and by setting a precedent for more growth. The project seeks to deal with these concerns as follows: First, the project seeks to limit the potential expansion of sewer from the project site to neighboring properties by providing a physical and a legal barrier to such expansion. The sewer will be built as a private (not public) sewer with 6‐inch pipes. This system will be sized for the 28 units but would be too small to provide capacity for future expansion. In addition, a covenant will be created by the property owners to prevent sewer from crossing the buffers along the northern and western edges of the property.5 Second, the project was redesigned to minimize the development impact on Cogburn and on the corner between Cogburn and Bethany Bend, such that the residential areas to the north along Cogburn and west along Bethany Bend would not be visually impacted by the new development. This is accomplished by creating a 50’ greenway buffer along Cogburn, plus a substantial park at the corner of Bethany Bend and Cogburn. While these changes reduce the potential for the Baird/Lee project to encourage further redevelopment, they do not preclude it. Resident members of the stakeholder group remained concerned that the City would in the future allow other property owners to the north and west to rezone to higher density developments. Moreover, even if sewer could not be physically extended from the site, the city could allow sewer extension along the street from existing sewers along Route 9, Bethany Bend, and Cogburn. Dot Blair presented a Fulton County map showing sewer extension to the east of Route 9 to Bethany Bend as an example of this concern (see Appendix 4). City officials responded that Milton has been engaged since it became a city in a systematic effort to preserve significant sections of Milton as AG‐1 and similar land uses while at the same time concentrating higher density development to areas within growth areas. Per the Comprehensive Plan, areas to the north and west of the properties under discussion will remain low density, as currently zoned and without access to sewer, while the Baird/Lee properties have been envisioned as transitional, consisting of land uses that will protect the adjacent residential properties while also being compatible with the more dense commercial and institutional development found along 5 As noted, such covenants can be broken by the use of eminent domain, but this could only be done by a governmental entity such as the city. Also noted, sewer could be extended from Bethany Bend or Cogburn from one of the existing sewer lines, and that this would not need to cross the project’s property. 5 | Page Route 9 and across Bethany Bend (Cambridge High). While City Council has the legal authority to change zoning and to request sewer extensions from Fulton County in the future, it would need to alter the Comprehensive Plan to do so, and as indicated in the plan, it is Milton’s intention to limit future land use of properties to the north and west of the Baird/Lee properties to low density residential and agricultural uses. 6. Protect privacy of neighbors The proposed site plan includes a 75’ undisturbed natural buffer to protect the privacy of residential neighbors to the north. The stakeholder group discussed whether fencing should be added to this area and if so, what kind. The group concluded that the 75’ buffer should be left largely undisturbed, but that a privacy fence should be incorporated into the design, approximately 25’ away from the north property line (to screen the fence from view)6. The fence should be built so that it is opaque and at least 6’ tall. It should also be built through the woods in a way that protects the woodland as best as possible and in particular protects taller specimen tress. Landscaping can be added to the buffer located south of the fence, but taller trees should be preserved. Two other issues were raised at this time. First, electric power to properties north along Cogburn (in particular, the home of Dot Blair) pass through an easement located on the Baird/Lee properties. The existing power line will need to be relocated, and both the developer and city officials suggested that this could easily be done by rewiring the power line through an underground system. The development will be putting its power lines underground. Second, the details of stormwater runoff and the design and management of the master stormwater management detention area need to be worked out. Currently, stormwater from the northwest section of the site travels north onto neighboring properties, while the remainder of the site slopes to the east and south. Stormwater regulations are such that stormwater from any development will be captured and held onsite, to be slowly released into sewers. Thus, any offsite flow of stormwater will be reduced by the development. Lacy Kennedy raised specific concerns about the design and management of the detention area. The developer noted that the detention area will be designed to be vegetated under dry conditions, and to provide for shallow storage during wet conditions. City officials noted that the City has been promoting the use of shallow, vegetated detention ponds that mimic natural systems more effectively rather than deeper detention ponds that are unvegetated and require screening and fencing for safety. Details of the detention area will be worked out with the City, but more details about this should also be provided to immediate neighbors. 7. Maintain public safety The proposed development did not raise concerns about public safety. 6 Following the meeting, the City Arborist clarified that fences are not permitted within an undisturbed or planted buffer. One possible solution is to build an attractive privacy fence at the property line (or as near as needed to avoid specimen trees). The applicant might also provide funding to adjacent property owners who could see the fence to install additional plantings on their property to help screen the fence. Another possible solution is to turn the 75’ buffer into a 50’ undisturbed buffer and a 25’ evergreen landscaped buffer designed to block sight lines, and thereby eliminate the need for the fence. The details of this will need to be worked out amongst the parties. 6 | Page 8. Limit density for compatibility with neighbors While most of the concerns about the original development have been ameliorated with the new design, residents remain concerned about the density of the development. There was considerable discussion about this issue. The discussion is partially summarized in Section 5 above about whether this development will encourage continued redevelopment north along Cogburn Road or west along Bethany Bend. This is clearly of significant concern to all community residents on the stakeholder group. As discussed above, the development was seen as being responsive to this concern but that ultimately the City will need to ensure that Cogburn and Bethany Bend remain low‐density residential and agricultural/equestrian. City officials again reiterated that the City has sought and created policy to maintain 85% of land in AG‐1 zoning and to have responsible development within clearly demarked areas, including the zone alongside and adjacent to Highway 9. Within the development itself, community residents would like less density and more space between houses. At the same time, discussion indicated that many of the more positive features of the development (extensive buffers, interior road system, protection of Cogburn through buffers and parks) were made possible by the density of the development, and that while a decrease in the density by a few units would not substantially improve the community, it could make a significant difference as to whether the project as a whole was economically viable. Discussion then turned to whether the project as a whole was acceptable as presented and discussed in today’s meeting. Acceptability of Proposal After further discussion, all but two of the members of the stakeholder group who were present agreed that this proposal was a significant improvement over initial proposals, that aside from the density, it largely met community concerns, and that the proposed site plan and concept design were therefore acceptable, subject to working out details around issues of utility easements and the stormwater management system, as well as fleshing out the site plan and concept design in a way consistent with the vision presented and discussed in the meeting. One person continued to object because the density exceeded 18 units, while another indicated that she wanted to discuss this with other residents who had not been members of the Stakeholder Group before indicating approval. It should be noted that the acceptance of the site and concept plan was not a vote of approval for the final design, but rather an indication that the proposal is a reasonable basis for moving forward. Details still need to be worked out. 7 The developer agreed to further detail out the home designs, landscaping, roadway, stormwater management, and other aspects of the site plan in ways that are consistent with the site plan and 7 A draft of this report was sent to all meeting participants for review. Four participants requested clarification that the acceptance was conditional on the developer and city following through with solutions to problems raised and detailing out a high‐quality design consistent with what was presented in concept. One participant indicated that the community agreed only to continue negotiations with the developer with the aim of reaching an acceptable compromise in the future. The “Acceptability of Proposal” section was edited to note these concerns, with more details presented in the Comments section below. 7 | Page concept design. The developer will, in particular, further detail the stormwater management detention area to ensure that this design protects neighboring properties. These details will be provided at the time of or before application to rezone. Next Steps There are two possible paths forward. It will take another 6 to 8 months to adopt Form‐Based Codes for this area. The vision as developed by the Bethany Bend Subarea Stakeholder Group will now be incorporated by the full Route 9 North Stakeholder Group into overall plans and form‐based codes for the area adjacent to Route 9 north of Bethany Bend. This will then be presented to the community for their input. If the owners wait until the codes are finalized, the Form‐Based Codes will create a specific zone for the Baird/Lee property and incorporate the features included in the site plan and concept design, as discussed above. In addition, the Codes would preclude the use of Transferable Development Rights to increase the density on the site. The second option is for the owners to seek rezoning based on the existing zoning codes. If this option is taken,8 the property would probably be rezoned to Townhouse Residential, with specific conditions that require development to meet conditions set by the site plan and concept design as presented today and attached, including design standards for the homes and landscaping. The overall development design will be subject to review by the Design Review Board, Community Development Department and the City Architect. Other city departments will make sure all the impacts are taken care of before approving the plan. The rezoning proposal would be presented to the community for their input. Any attempt to substantially change the plan and site design once approved by City Council would require re‐approved by City Council and the same departments, open once again to community input. Technical and design issues of utility easements (to Dot Blair’s house) and stormwater drainage were raised during the meeting, the resolution of which requires additional detailing by the developer and owners. An additional meeting of those stakeholders interested in these issues will be sponsored by the Department of Community Development staff before rezoning is finalized. 8 Following the meeting summarized in this report, the owners have indicated that they will seek rezoning rather than wait until adoption of the Form Based Codes. The developer will need to detail out the site plan and rezoning would be conditioned on implementing the vision as articulated in today’s meeting, with additional details as discussed above. The more fully developed plan will be subject to community input and city review. 8 | Page Comments on Draft Report The draft of this report was sent to all participants in the meeting for their review and comment. Eleven of the participants responded with comments as follows: Three community residents and the developer indicated that they were fine with it as written (E.g.: “We have read your meeting report and it appears you have captured correctly everything we discussed, so we are fine with it as is.” by a local resident.), two city officials provided minor corrections to descriptions of city processes (e.g., which city officials would be involve in the site plan review process), four community residents requested clarification of the way the report indicated the degree of acceptance of the proposed site and concept plan, with two of these also indicating that while they agreed with the plan, it was based on many uncertainties and in any case they could only speak for themselves and not for the residents who were not part of the stakeholder process, and one community resident had concerns about not only the section on the “Acceptability of the Proposal” but also additional parts of the report. Clarifications and corrections from these comments were integrated into the body of the report where applicable. For additional clarity, the comments of the five residents who submitted substantive remarks are presented below, excluding comments that were integrated into the text above or that were not related to what was discussed during the meeting. Comments about the Acceptability of the Proposed Site and Concept Plan 1. I have read your report and do not have any material objections to the report as written. However, I left the last meeting thinking that the developer was going to add more detail to the plan, answer the open questions about the utility lines to Dot's house, investigate the possibilities and potential topography issues regarding sewer prior to seeking rezoning. However, Footnote [8] reads as if they are moving forward with rezoning potentially without answering the open requests. I am not clear on the next steps. Will there be another meeting where we will get resolution on the open items? Then after said meeting, we will give our final approval or vote to disapprove? I also think the information in Footnote [6] is something that needs to be discussed with the group. I am not an adjacent landowner, but I think the those that are need to know how this changes the site plan and what had been discussed/promised. I remain skeptical that the plan is far too vague as it stands, and that once rezoning is approved the plan will change and we will once again be in a "you get what you get" position. I feel like "I have seen this movie before"; we agree to a plan and then the developer makes changes and anything and everything that we agreed to becomes irrelevant. In summary, I am fine with your report but I think it needs to more clearly state that the approval was contingent upon the open items. I am afraid the way it is currently written it could be construed that we accepted it without contingencies. 2. In looking back at the 8/21 meeting, I would say that [the facilitator] offered a round-table opportunity for opinions to be expressed. There was not an empirical yeah/nay vote. I think your [refering to an email from another resident] recollection of silence is correct also, certainly in the case of [my husband] and me, because of the implications of the proposed development. There were positive reactions to the new proposal and I would guess that these are the reason for [the facilitator’s] conclusion of acceptance. I think it is incorrect to say, however, that the stakeholders gave a rousing vote of approval. 9 | Page Having reviewed the proposal, [my husband] and I both think that this is probably the most advantageous solution to the question of developing the nine acre parcel. In his discussion of the details, we felt that Curtis Hicks came across as a skilled and experienced developer and if he delivers the proposed design at the level of quality he promises, the results would be appropriate. There remain some pretty big "ifs" and, again, I think these are the reason for the thoughtful silence you observed: If the correct solution for getting your property linked into the power supply is achieved If a good plan for the drainage issues can be derived If, and this is the most uncertain of all, the city can be trusted to live up to its good faith agreement regarding future zoning and development If these uncertainties can be resolved, we might actually see success. 3. I have to disagree with your characterization that "all but two of the members of the stakeholder group who were present agreed". While there were a handful of people who were in agreement, there were also quite a few people who were not committing one way or the other. Since there was no formal vote or even a show of hands, I'm not sure how you were able to arrive at that number. 4. I agreed with my husband that the plan was nice, but based on a lot of WHAT IFs. So coming to any final conclusions on my part at this time was based still on incomplete and less than factual information. 5. Since it is evident that there is not accurate documentation of each community members vote on this issue, I feel the statement [about the acceptability of the proposal] should not be included in the summation. It would be fair to state that the community members agreed to continue negotiations with the developer to reach and acceptable compromise. Comments about the Involvement of Other Stakeholders 1. I continued to express for the RECORD that it be made clear that MANY were missing that night and also many were not included in what has appeared to be a slanted proceedings. That I as well as the rest could only speak for ourselves and not the community (stakeholders-VOTERS) that were not there. So City Officials do not have a clear understanding on what the Community wants based on this report. 2. As my wife stated, there were a lot of homeowners in our neighborhood who were not offered the option of being a stakeholder and that's where this process becomes potentially a large mis-representation of opinion. I realize that this is an issue we have with the city and their stakeholder selection process, however it might be worthy of one of your footnotes. Comments about Other Aspects of the Report One participant raised additional concerns, some of which were incorporated into the text or are presented in the comments above. Other comments are presented as follows: 1. With reference to electric power easements (second paragraph of Subsection 6, p. 5 above): This is an accurate statement but it fails to identify the true complications that are presented by this utility easement in regards to provision of a buffer that meets required standards. During the meeting, we discussed the fact that an underground line could be utilized. The problem, however, arises in the fact that my house is serviced by an above ground power line on my property. The utility company would still have to have an easement, free of obstruction to service my power source with a utility truck. The fact that the line could be placed underground on the adjacent property would not eliminate the obstacle of the required buffer standards. A buffer is required in this area to obstruct a view from my property onto the highest density of the proposed site plan. The developer has committed to finding a solution to this problem and has been provided the name of the utility company in order to obtain approval of any designed solutions. Although this summation includes statements that reflect that this is an unresolved issue, it does not 10 | Page describe the true complications of the provision of a utility and required buffer for my property. This fact needs to be included in the summation for an accurate picture of the complication. 2. With reference to stormwater management (third paragraph in Subsection 6, p. 5 above): This section indicates that the developer will provide additional information regarding the detention pond. It was my understanding that a hydrology study would be done by the developer and this would not only provide details of the detention pond but also answer more clearly concerns related to runoff on the western portion of the proposed site plan. Approximately one third of the property at the western boarder slopes away from the proposed detention area located on the eastern portion of the site. This is shown on the topography map included in the summation. The community not only requested information regarding the detention pond but also desired clear solutions to the western stormwater runoff. Again this is noted as an unresolved issue, but the summation does not provide an accurate picture of the information the developer has committed to providing the community members. There is also a comment in the summation that suggests the developer is not committed to providing this information to the community prior to application (“These details will be provided at the time of or before application to rezone.”). The “details” being submitted at application and not being share with the community members prior to application was not discussed with the community members. The community was lead to believe that developer was trying to resolve these issues prior to application. Providing this information at application negates the process of negotiation that the community members and taxpayers have invested in regarding an amicable solution to the concerns related to this Special Interest Area. 3. With reference to the City Arborist’s information that fences cannot be located within landscape buffers (Footnote 6, p. 5 above): It is evident from our correspondence over the weekend that many details were worked out after the meeting with the community members. The fact that the promised fence is not an option and the fact that the developer has individually selected option 2 for zoning without the community's input or clarification is disturbing. Inclusion of these facts in the summation seems to suggest that the community members have agreed to these conditions. It is apparent that there are many unresolved concerns of the community members that still need to be addressed before application is made by this developer. This need for clarification has also been stated by other community members in the copies of reviews I have received. I, like [another resident], would like to know what the next step in this process will be. 4. With reference to concerns about density (Subsection 8, p.6 above): [The facilitator’s] summation does accurately reflect that there were many concerns related to density by the community members. However, what he has failed to establish is the fact that the community members were lead to believe that there was room for negotiation after the second mediation meeting held on 7/10 reflected below. He also negated to express many of the concerns the community members had related to density. The community members were not allowed to discuss density until the very end of the meeting. Several attempts were made to address this element earlier in the meeting but all attempts were skillfully deferred by [the facilitator]. The community members clearly indicated that the proposed density was incompatible with the neighborhood that currently consist of homes on lots averaging greater than one acre per home. There were also concerns related to the spacing of homes which would be only 10 feet apart. One community member even expressed a concern related to the risk of fire with units being so close together. When attempts were made to negotiate density, the developer admitted that they never had any intentions of negotiating density beyond what they presented. (Note: the density stated on the site plan distributed was 30 units, a community member identified the miscount error which resulted in an actual count of 28 units). Mr. Hicks even noted that the community members were somehow misled by the associate that stood in for him during the second meeting about negotiating density. The community members were not only misled to believe that the developer was willing to negotiate density by this associate but also by the summation report given by [the facilitator] and the Stakeholders present as landowners of the lot who did not speak out during the second meeting to establish a density limit had been reached. All attempts to negotiate density were met with a resounding NO. Attempts were made to decrease the density by just a few homes, not the 18 units or nothing as [the facilitator] suggested. And the answer was still NO. 11 | Page It should be noted, in addition to [the facilitator’s] comments, that the community attempted to negotiate density, and expressed specific concerns relating to an item that has consistently been noted as a priority concern for the community members though out this process. It should also be noted that all attempt to discuss this element earlier in the meeting were postponed until the very end of the meeting that adjourned at 10 pm. In conclusion, I would like to state that I am willing to continue to work with the developer on this project as a community member. The developer seemed to be willing to provide the information requested to the community at the last meeting and was willing to continue to work toward a common goal that would satisfy the developer and the community. This summation implies that the developer may not provide the requested information prior to application and that the community has agreed to this fact. This is not correct. The community members clearly expressed concerns that need further clarification prior to supporting this application and left the last meeting expecting these concerns to be addressed by the developer. 12 | Page Appendix 1. The Proposed Site Plan (presented by Curtis Hicks, the developer) MASTERSTORMWATERMANAGEMENTOPEN SPACE20 Front Setback20' Front landscape Strip40' Perimeter Setback30' Side Perimeter Setback OPEN SPACE1312111098765431220' Front landscape Strip20' Front landscape Strip20' PRIVATEALLEYWAY4' LANDSCAPESTRIP AND 10'SIDWALK4' LANDSCAPESTRIP AND 10'SIDWALKPARK AREA20' LANDSCAPE STRIP &SETBACK (VARIANCE ONSETBACK)RIGHT TURNLANE ONTOCOGBURNPOTENTIALEX. STREAMSHOWN ONENVIRONMENTALMAP40' Perimeter SetbackLIMITED ACCESS(RIGHT IN RIGHT OUT)10' Improvement Setback75' Buffer Against AG-1TRCASE #R212-17/VC12-08161718192021222324OPEN SPACEOPEN SPACE24' PRIVATEROADWAY10' Improvement Setback75' Buffer Against AG-1252629COURTYARDCOURTYARD24' PRIVATEROADWAY50' GREENWAY0Z2SITE PLAN-2REZONING15010050251" = 50'SHEET0SITE LOCATION MAP (NTS)SITEPROJECT CONTACTBRYAN FLINT @ 404-867-3572ARROWHEAD REAL ESTATE PARTNERS, LLCPHONE: 404-867-3572NORCROSS, GEORGIA 30092SUITE 150350 RESEARCH COURTFORA Master Planned Residential CommunityBethany Bend at Cogburn Road - Milton12164.00October 19, 2012SHEETSCALE:DATE:PROJECT:SHEET TITLEDESCRIPTIONNO.BYDATE"WE PROVIDE SOLUTIONS"Revised Residential / Access*1kw12-28-2012Revised Building Footprint*2kw1-22-2013Added park Space*3kw8-21-2013FEMA MAPSITETR-TOWNHOME DISTRICTPROPOSED ZONINGAG-1EXISTING ZONINGZONINGOVERALL TOTAL SITE AREA9.0911 ACRESSITE DATA:RESIDENTIALTOTAL SITE9.0911 ACRESUNIT SUMMARY:CITY OF MILTONZONING JURISDICTIONTRACT 1 (TR)30 UNITSTOTAL UNITSFRONTAGE LANDSCAPE ZONE20' MIN.SETBACK SUMMARYFRONT YARD SETBACK20' PERIMETERSIDE YARD SETBACK30' PERIMETERREAR YARD SETBACK40' PERIMETER3.29 UNITS/AC.TOTAL DENSITYTR - SINGLE FAMILY DETACHED SETBACKS:FRONT YARD SETBACK20' (INTERIOR)REAR YARD SETBACK20' (INTERIOR - FROM BACK OF CURB)MAJOR SIDE YARD SETBACK15' (INTERIOR - FROM BACK OF CURB)*SIDE YARD SETBACK5' (INTERIOR) - VARIANCE 13 | Page Appendix 2. Elevations of Residential Development in Crabapple Crossing (presented by Curtis Hicks, the developer, to illustrate the proposed concept design, including quality of the designs and materials) r^ls W a - d � - cn a �a �.. o � x CD J 'I In ]� J H J oW oLn % Q V = Cr LL F Z m l'ti, ] J w Z LU a v j y F z W rFr_�_ll i !Y r � Q C a W 4 Q V N O Z N F iy 1. n �I• l it II I m M D J N LU � # W � e} Page is too large to OCR. 14 | Page Appendix 3. Pictures of Craftsman Style Bungalows (presented by Dot Blair, a resident, to illustrate the quality of development desired) Craftsman Style Bungalows Homes with Unique Personality 15 | Page Appendix 4. Topography Map of Bethany Bend and Cogburn Road, Showing Sewer Extension to Bethany Bend East of Route 9. (presented by Dot Blair, a resident, to illustrate concerns about sewer extension) 0 100 200ft Bethany Bend Rd-Cogburn Rd Fulton County, Georgia 7-12-2013 Fulton County provides the data on this map for your personal use "as is". The data are not guaranteed to be accurate, correct, or complete. The feature locations depicted in these maps are approximate and are not necessarily accurate to surveying or engineering standards. Fulton County assumes no responsibility for losses resulting from the use these data, even if Fulton County is advised of the possibility of such losses. Thursday Sept. 19, 2013 Bethany Bend/Cogburn Technical Meeting. Kathy introduced the staff and the agenda Staff present: Kathy Field (Community Development Director), Robert Buscemi (City Architect), Robyn Macdonald (Principal Planner) and Michele McIntosh-Ross (Principal Planner). Carter Lucas (Public Works Director) would not be present until 8:00pm. Attendees: Sam Baird (Property Owner), Barbara Schippert, Peter and Patti Fredlund, Niraj Kumar, Lacy Kennedy, Patrick McAreaver, Dot Blair, Karen R. , Laura Bentley, Curtis Hicks (Developer), Lynn Lee (Property Owner) Agenda of issues to resolve: Utility service to Dot’s house Storm water management plan (reserved for when Carter Lucas arrives) Architectural styles and controls Buffer/Fence issues Enforcement option under the zoning code Questions/Comments There were immediate questions about the agenda: The sewer line issue was added to the agenda. Niraj wanted to note that he was not present at the previous meeting where the latest site plan was conceded. He is not settled with the notion that the parcels are in a transitional zone, and he also has reservations with the densities. He referenced the blog that he set up. Utility service to Dot’s house Curtis started with addressing the power line issue by explaining that rerouting power lines is dealt with all the time. The new development will be serviced via underground utilities. He will work with Sawnee Electric to put up a temporary pole to provide uninterrupted service to Dot Blair. Dot’s concern was about maintaining a buffer and utility easement for the trucks to service the power line and pole. Curtis committed to locate the power pole with an easement for service trucks to access the pole from his property, and it will be screened. Stormwater management plan Curtis informed that the requirement for stormwater management is that water run-off from the site post development must be 20% less than what is the current run-off. Curtis explained that the new design for detention ponds is a larger earthen natural looking shallow (3 feet deep) pond specifically designed to contain and clean the water before it goes to the streams. The old detention pond design i.e. the kind that exists in the Oakstone Glen subdivision is not acceptable for new construction per the new regulations. Carter added that the new rules promote pond designs that hold higher volumes of water over a longer period of time to prevent downstream erosion. It also detains all storm water in order to filter and improve the water quality of all water passing through its system unlike the old detention pond designs that only detained runoff from larger storms while letting smaller storm amount through unfiltered. The new design can be incorporated into the development as an aesthetic piece and the landscaping becomes part of the water quality. Trees can grow throughout the pond except for at the outlet control structure. Niraj requested that the pond be shifted to the right (east) so that it is not directly behind his house (as shown on the site plan), but directly behind the existing pond that is on his property east of his house. Curtis agreed to consider shifting the pond and will provide pictures of other water quality ponds to give the group an idea of what it would look like. Niraj expressed concern about water saturation on his property. Carter responded that any low points will encourage water towards it via gravity, if there are low point water may collect and be delayed as the natural percolation continues. This may also be due to a spring. The new development would not exacerbate that issue. Dot was concerned about the storm run-off that currently drains from the development site towards her property. Curtis assured that the development will be engineered to redirect that flow to the stormwater pond on the north east end of the development site. A full hydrology study will be done after zoning is awarded during the Land Disturbance Permit (LDP) process. Sewer Lines Curtis explained the idea of having a 6 inch sewer line internal to his development to try to prevent any other neighboring development from being able to tie into sewer via his 6 inch sewer line extension. The assumption is that Fulton County Water and Sewer would allow the use of a 6 inch pipe within the development; and that a 6 inch pipe would be a sufficient deterrent for other sewer taps through that line. Dot was concerned that the topography of the land was not properly considered in the plan for the sewer gravity flow, sighting that 1/3 of the property slopes away from the sewer connection point. Curtis explained that the engineering designs will allow the sewer to flow to the connection point regardless of its topography. Carter added that the pipes can be buried deep enough to make the flow happen. The other deterrent to additional sewer extensions through this development is the placement of a 130 foot wide Passive Greenway Park that will have deed restrictions preventing future sewer easements through the property. Buffer/Fence issues There will be no grading in the park area except for the construction of the sidewalk The 75 foot ‘undisturbed’ buffer will be disturbed to allow for the planting of understory trees and evergreen shrubs to increase the screening. A four board equestrian fence (8 feet max.) wrapped in hog wire will be placed on the property line not inside as previously discussed. Efforts will be made to keep the partial stone wall that exists along the property line, and work the fence around it. No significant trees will be removed in order to build the fence. Since the pond is situated within the 75 foot buffer the adjacent property owner is concerned that he will not have a buffer to the development. Carter explained that this section of the buffer will not be an undisturbed buffer, but that the pond will be screened with trees albeit different trees from the rest of the buffer. Transportation and traffic Carter explained that typically 12 foot deceleration lanes will be required at the entrance of the development. Acceleration lanes are not done anymore and will not be recommended. A traffic light is not planned. Laura wanted to learn how the Bethany Bend intersection improvement project may affect or be affected by the new development. Carter explained that a concept solution has not been determined yet and among the concept ideas, there are none that will impact or be impacted by this development. Architectural styles and controls and Enforcement options under the zoning code Kathy explained that the quality of the homes (assuring the higher price point) will be in the agreement of zoning. The city has architectural guidelines and a review process to make sure the guidelines are being followed. The architectural guidelines that are being followed in Crabapple have increased the price points for the homes. Bob explained that often the original developer set price is adjusted upward based on the positive market response to the show homes. The city requires minimum square footage for the homes and this development will have to adhere to each home being 2,800 – 3,400 square feet each. There are several review points to make sure that all of the conditions of zoning are followed through. Robyn explained the application for rezoning process. Questions/Comments Q: Will the homes be pre-sold or built on speculation? A: Some would be pre-sold and others will be built on speculation. Q: Where will the notation about the 6 inch sewer pipe be? A: This is Fulton County’s jurisdiction. This will not be in the conditions of zoning. But the idea is captured in the meeting notes. Q: How will the conservation area on Cogburn be recorded? A: The city can record a permanent conservation easement Q: Why is the zoning Townhome Residential (TR) being considered and the home will not be attached? TR sounds bad, it has a negative connotation with the neighbors A: This is the zoning category that allows for this product configuration. The city does not have as many zoning categories as some other jurisdictions. The City will look into the zoning category Neighborhood Unit Plan (NUP) to see if the proposed product could fit the category’s specifications without resulting in too many variances. Q: Will these 9 acres be officially removed from the Hwy 9 Visioning Study after this rezoning? A: No Q: Will these 9 acres be rezoned to Form Based Code along with the rest of the Hwy 9 area and be eligible for TDR? A: These 9 acres will not be eligible for TDR. This area as well and the other special area at 5 Acres will get its own T zone with a special set of conditions that will specifically disallow any TDR receiving. Q: Will there be restrictions of rentals? A: Yes, no more than 10% of homes can be rented at any one time will be in the HOA agreements as well as multiple family dwelling restrictions. Timeline October 1, 2013 - Application for rezoning is submitted October 29, 2013 – Community Zoning Information Meeting (CZIM), 7:00pm at City Hall November 5, 2013 – Design Review Board (DRB) Courtesy Review 6:00pm at City Hall November 20, 2013 – Planning Commission (PC), 7:00pm at City Hall Note: An undated traffic study will be submitted prior to the Planning Commission meeting for review by staff. December 16, 2013 – City Council meeting, 6:00pm at City Hall Approximately six weeks after the zoning decision, hydrology and other engineering will be done and submitted to the city for a Land Disturbance Permit (LDP). April 1, 2014 is the earliest time for land disturbance and construction to start. The first homes would be complete and ready for a Certificate of Occupancy (CO) by Spring of 2015. 0 HOME OF' F�TAIkl If11) 7(111(, CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 6, 2013 FROM: City Manager AGENDA ITEM: Consideration of U13 -031U13-07 -- 13440 Cogburn Road by St. Francis Day School, Inc. for a Use Permit (Sec. 64-1831) to Increase the Area of the School and the Total Square Footage from 92,616 Square Feet to 109,116 Square Feet that Includes a Practice Gym and Two Maintenance Buildings. A Two -Part Concurrent Variance for the Following: 1) Buildings Shall be Set Back More Than 30 Feet from the Edge of the Required Landscape Strip or Easements [Sec. 64-1145(3)(b)]. 2) Buildings Shall Not be Oriented to a Public Street [Sec. 64-1145(2)(a)]. MEETING DATE: Monday, December 16, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: �) APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES P NO CITY ATTORNEY REVIEW REQUIRED: () YES gNO APPROVAL BY CITY ATTORNEY ()APPROVE NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR.REMARKS ® . You(M PHONE: 678.242.25001 FAX: 678.242.2499 Green Communit{:�Y„r infoOcityofmiltonga.us I www.cifyofmiltonga.us Y ;i,kg,� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/6/2013 U13-03/VC13-07 Page 1 of 15 PETITION NUMBERS U13-03/VC13-07 ADDRESS 13440 Cogburn Road DISTRICT, LAND LOT 2/2, 967, 968, 977, 978 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 (Agricultural) and Use Permit for Private School and Recreational Fields PROPOSED USE PERMIT Private School (Sec 64-1831) ACRES 41.797 EXISTING USE Private School, Recreational Fields and Associated Structures PROPOSED USE Private School and Associated Structures OWNER/PETITIONER St. Francis Day School, Inc. Drew Buccellato, Headmaster ADDRESS 9375 Willeo Road Roswell, GA 30075 REPRESENTATIVE Dan Wintermeyer Urban Engineers, Inc. ADDRESS 1904 Monroe Drive, N.E. Suite 100 Atlanta, GA 30324 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U13-03- APPROVAL CONDITIONAL VC13-07 – PARTS 1 AND 2 – APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION – NOVEMBER 20, 2013 U13-03- APPROVAL CONDITIONAL – 6-0 VC13-07 – PARTS 1 AND 2 – APPROVAL CONDITIONAL 6-0 A Use Permit to increase the area of the school and the total square footage from 92,616 square feet to 109,116 square feet that includes a practice gym and two maintenance buildings (Sec. 64-1831) and a two part concurrent variance for the following: 1) Buildings shall not be set back no more than 30 feet from the edge of the required landscape strip or easements (Sec 64-1145(3)(b)). 2) Buildings shall not be oriented to a public street (Sec 64- 1145 (2)(a)). Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/6/2013 U13-03/VC13-07 Page 2 of 15 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/6/2013 U13-03/VC13-07 Page 3 of 15 Existing Zoning Map Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/6/2013 U13-03/VC13-07 Page 4 of 15 Future Land Use Map Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/6/2013 U13-03/VC13-07 Page 5 of 15 SITE PLAN SUBMITTED– SEPTEMBER 3, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/6/2013 U13-03/VC13-07 Page 6 of 15 REVISED SITE PLAN SUBMITTED – NOVEMBER 11, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/6/2013 U13-03/VC13-07 Page 7 of 15 REVISED SITE PLAN SUBMITTED – NOVEMBER 19, 2013 (Parking adjustment) Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/6/2013 U13-03/VC13-07 Page 8 of 15 SUBJECT SITE: The site consists of 41.797 acres developed as the St. Francis High School which was originally approved for a Use Permit for a Private School in 1997 pursuant to U97-062/VC97-247 for a maximum of 600 students and a Use Permit for Recreational Fields in 2002 pursuant to U02-033. Recently the school acquired a single family residence on the southern end of the subject site adjacent to Cogburn Road. In addition, the applicant is requesting to increase the area of the school and the total square footage from 92,616 square feet to 109,116 square feet to include a practice gym and two maintenance buildings. The request does not include any additional students. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on November 19, 2013, Staff offers the following considerations: School, private or special - Standards for Use Permit (Section 64-1831) Required Standard Meets the Standard 1) Minimum lot area shall be one acre. Yes 2) If located adjacent to a single-family dwelling district or AG-1 district used for single-family dwellings, the minimum landscape strips, buffers, and improvement setbacks required for the O-I district as specified in article III of this zoning ordinance shall be required. Yes, see NW Overlay Requirements below 3) Buildings, and refuse areas shall not be located within 100 feet of a residential district or AG-1 district used for single-family dwellings. Yes 4) Active outdoor recreation areas shall not be located within 100 feet of an adjoining residential district or use. Recreational fields, such as playing fields, that are accessory to the school do n ot require a separate use permit. Yes 5) Day care facilities in association with the school do not require a separate use permit. Not Applicable Par 6) Parking areas shall not be located within 50 feet of any residential district or AG-1 district used for single-family dwellings. Yes Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/6/2013 U13-03/VC13-07 Page 9 of 15 7) Student dropoff and vehicular turnaround facilities shall be provided on the site so that vehicles may re-enter the public street in a forward manner. Yes 8) Permitted curb cut access shall not be from a local street. Yes 9) In accordance with section 64-2131, submit a noise study report as required. Not Applicable Northwest Fulton Overlay District (Chapter 64, Division 6) The applicant is requesting the following two concurrent variances to the Northwest Fulton Overlay District: VC13-07 – Part 1 - Buildings shall be set back no more than 30 feet from the edge of the required landscape strip or easements (Sec 64-1145(3)(b)). The proposed new buildings are accessory buildings to be used for storage, locker rooms, and a practice gym, and therefore should not be required to be set back no more than 30 feet from the edge of the required landscape strip or easement. It is Staff’s opinion that the Northwest Fulton Overlay’s intent was not to require these ancillary buildings to a primary use, such as a private school , to be placed less than 30 feet from the edge of the landscape strip or easement. This placement would inadvertently give prominence to these ancillary buildings. By granting this variance, it would not offend the spirit or intent of the zoning ordinance. Secondly, based on the fact that this requirement if strictly applied, would create an unnecessary hardship because of an extraordinary situation not caused by the applicant. Thirdly, relief if granted would not cause a substantial detriment to the public good and surrounding properties. Lastly, the public safety, health and welfare are secured and substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL OF VC13-07 – PART 1. VC13-07 – Part 2 – Buildings shall not be oriented to a public street (Sec 64- 1145(2)(a)) The proposed new buildings are accessory buildings to be used for storage, locker rooms, and a practice gym and therefore should not be required to be oriented to a public street. It is Staff’s opinion that the Northwest Fulton Overlay’s intent was not to require these ancillary buildings to a primary use , such as a private school, to be oriented to a public street giving prominence to these ancillary buildings. By granting this variance, it would not offend the spirit or intent of the zoning ordinance. Secondly, based on the fact that this requirement, if strictly applied, would create an unnecessary hardship because of extraordinary situation not caused by the applicant. Thirdly, relief if granted would not cause a substantial detriment to the public good and surrounding Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/6/2013 U13-03/VC13-07 Page 10 of 15 properties. Lastly, the public safety, health and welfare are secured and substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL OF VC13-07 – PART 2. City Arborist Comments: The proposed expansion will not impact any specimen trees. Public Works Department The stormwater pond should be outside the required easement area. 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, steep slopes, historical sites or sensitive plant and animal species. The site does contain a perennial stream, wetlands and floodplain. The proposed development will not have any impact on the stream, wetlands or floodplain. Public Involvement Community Zoning Information Meeting On September 24, 2013 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. One resident, the property owner to the south of the subject site, was in attendance. The original plan indicated a storage building adjacent to resident’s property. Since that time, the revised site plan has relocated the building away from his property. City of Milton Design Review Board Meeting Courtesy Review – October 1, 2013 The following comments were made at the meeting: The DRB considers the school to be a good neighbor. Proposed additions would not produce a significant change. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant submitted the first Plan Report on October 15, 2013 and an update will be required 7 days prior to the Mayor and City Council meeting. The Public Participation Meeting was held on September 26, 2013 at 7:00 p.m. at the school library. There was no one in attendance. The applicant did speak to Mr. Edward Bachman on September 30, 2013 in which he expressed his concern regarding Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/6/2013 U13-03/VC13-07 Page 11 of 15 the location of the garages. In response, a revised site plan was submitted to relocate the garages away from Mr. Bachman’s home. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The City of Milton 2030 Comprehensive Plan recommends the subject site as Agricultural, Equestrian, and Estate Residential. Private schools are an appropriate use within this land use category. 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is bound on three sides, with the exception of a single family residence on a portion of the south property line, to institutional uses. To the south and west is Cogburn Woods Elementary and to the north is the City of Alpharetta North Park. Further to the west is a single family subdivision within the City of Milton. 3. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use is in violation of the building placement and building orientation as required by the Northwest Fulton Overlay District but the applicant is requesting a two part concurrent variance to ask for relief of these standards. 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: It is Staff’s opinion that the proposed use will not negatively affect the streets and transportation facilities, utilities, and schools. 5. The location and number of off-street parking spaces; The following chart illustrates the parking required by Section 64-1410 of the City of Milton Zoning Ordinance for the proposed uses: Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/6/2013 U13-03/VC13-07 Page 12 of 15 Number of Classrooms Ratio Number Spaces Required 36 10 per classroom 360 363 Provided Staff notes the proposed 4 new parking spaces are located in the appropriate area on the site. In addition, the revised site plan shows a total of 363 spaces provided. This is sufficient to meet the parking requirements. 6. The amount and location of open space; The site contains a sufficient amount of open space based on the site plan submitted. 7. Protective Screening; The site has the appropriate protective screening as required by the Zoning Ordinance or has previously been granted concurrent variances to reduce screening adjacent to other institutional uses zoned AG-1. 8. Hours and manner of operation; Normal school hours are between 8:30 a.m. and 3:00 p.m., Monday through Friday. Practice for various sports occurs up to 6:30 p.m., Monday through Friday. There are also Friday night football games throughout the season. 9. Outdoor lighting; The site plan does not indicate additional lighting, but existing and any future lighting shall conform to the Night Sky Ordinance. 10. Ingress and Egress to the property; There is one existing entrance and exit to the site off of Cogburn Road. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/6/2013 U13-03/VC13-07 Page 13 of 15 CONCLUSION The proposed expansion for the private school is consistent with the City of Milton Future Land Use Plan Map and surrounding uses. The requested two part concurrent variance does not offend the spirit or intent of the Zoning Ordinance. Therefore, Staff recommends APPROVAL CONDITIONAL OF U13-03 AND VC13-07, PARTS 1 AND 2. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/6/2013 U13-03/VC13-07 Page 14 of 15 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for a Private School (Sec 64-1831) 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) Restrict the use of the subject property to a private high school with 41 classrooms, a 19,955 square foot gymnasium, and accessory uses at an overall density of 2,370.9 gross square feet per acre zoned or a total gross floor area of 108,580 square feet, whichever is less. b) Restrict the number of students to 600. Grades shall be limited to the 9th through the 12th grade. c) Limit the height of all buildings to 2-stories or 40 feet, whichever is less (existing structures). 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on November 19, 2013. 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) No more than 1 exit/entrance on Cogburn Road. b) To allow the location of a softball field and its accessory structures and a baseball field and its accessory structures in the front yard. (97VC -247 NFC) Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/6/2013 U13-03/VC13-07 Page 15 of 15 c) To allow proposed buildings numbered 1, 2, and 3 on the revised site plan submitted on November 19, 2013 to be set back more than 30 feet from the edge of the required landscape strip or easements. (VC13-07 – Part 1) d) To allow proposed buildings numbered 1, 2, and 3 on the revised site plan submitted on November 19, 2013 not to be oriented to a public street. (VC13-07- Part 2) 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 Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following: i. Provide 20 foot permanent construction, maintenance, and access easement to the City of Milton adjacent to the Cogburn Rd right of way along entire property frontage for future multiuse trail . Page is too large to OCR. ORDINANCE NO._______ PETITION NO. U13-03/VC13-07 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT (SECTION 64-1831) FOR A PRIVATE SCHOOL ON 41.797 ACRES LOCATED AT 13440 COGBURN ROAD BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on December 16, 2013 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, to be changed so that the following property located at 13440 Cogburn Road, consisting of a total of approximately 41.797 acres as described in the attached legal description, a Use Permit for a Private School with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 967, 968, 977, 978 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Use Permit for a Private School listed in the attached conditions of approval, be approved under the provisions of Chapter 64, Article IX, Division 5, Section 64-1831 of the Zoning Ordinance of the City of Milton with the approved concurrent variances; 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 all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 16th day of December, 2013. _________________________________ 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 for a Use Permit for a Private School (Sec 64-1831) 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) Restrict the use of the subject property to a private high school with 41 classrooms, a 19,955 square foot gymnasium, and accessory uses at an overall density of 2,370.9 gross square feet per acre zoned or a total gross floor area of 108,580 square feet, whichever is less. b) Restrict the number of students to 600. Grades shall be limited to the 9th through the 12th grade. c) Limit the height of all buildings to 2-stories or 40 feet, whichever is less (existing structures). 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on November 19, 2013. 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) No more than 1 exit/entrance on Cogburn Road. b) To allow the location of a softball field and its accessory structures and a baseball field and its accessory structures in the front yard. (97VC-247 NFC) c) To allow proposed buildings numbered 1, 2, and 3 on the revised site plan submitted on November 19, 2013 to be set back more than 30 feet from the edge of the required landscape strip or easements. (VC13-07 – Part 1) d) To allow proposed buildings numbered 1, 2, and 3 on the revised site plan submitted on November 19, 2013 not to be oriented to a public street. (VC13-07- Part 2) 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 Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following: i. Provide 20 foot permanent construction, maintenance, and access easement to the City of Milton adjacent to the Cogburn Rd right of way along entire property frontage for future multiuse trail. REVISED SITE PLAN SUBMITTED NOVEMBER 19, 2013 V HOME OF'THF BEST Cxi1A[ ITY CJF 1 IF+ IN c:,FOPR ' ;?W M 1LTO NIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE. December 6, 2013 FROM: City Manager AGENDA ITEM: Consideration of U 1 3-04NC 13-04 — 13895 Hopewell Road by Jeff Runner for a Use Permit to Use the Existing House and Approximately Five Acres for a Special Event Facility (Sec. 64-1812). A Three -Part Concurrent Variance for the Following: 1) To Delete the 8 Foot High Opaque Fence Along the South Property Line [Sec. 64-1812 (b)(2)]. 2) To Delete the 75 Foot Undisturbed Buffer and 10 Foot Improvement Setback Along All Property Lines [Sec. 64-1141(3)(b)]. 3) To Delete the Three Year Period Requirement [Sec. 64-1812(b)(6)]. 4) To Allow Access from a Local Street [Sec. 64-1812(b)(1)]. MEETING DATE: Monday, December 16, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additionl pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: A APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES A NO CITY ATTORNEY REVIEW REQUIRED: O YES k NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS ® Your Ammunity PHONE: 67$.242.25001 FAX; 678.242.2499 reen IVinfo®cityofmiltonga,us I www.cltyofmlltonga.Vs `Kf 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 1 of 24 PETITION NUMBERS U13-04/VC13-04 ADDRESS 13895 Hopewell Road DISTRICT, LAND LOT 2/2, 820, 837 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 (Agricultural) PROPOSED USE PERMIT Festivals or events, outdoor/indoor (Sec 64-1812) ACRES 4.697 EXISTING USE Single Family Residence, barn, and accessory structures PROPOSED USE Event Facility OWNER/PETITIONER Jeff Runner ADDRESS 75 Swan Center Drive Dawsonville, GA 30534 REPRESENTATIVE Scott Reece, Brumbelow-Reese & Associates ADDRESS 13685 Highway 9 Milton, GA 30004 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U13-04- APPROVAL CONDITIONAL VC13-04- PARTS 1 AND 3 – DENIAL VC13-04- PARTS 2 AND 4 APPROVAL CONDITIONAL A request for a Use Permit for a special event facility (Sec 64-1812) and a four part concurrent variance for the following: 1) To delete the 8 foot high opaque fence along the south property line. (Sec 64-1812(b)(2)) 2) To delete the 75 foot undisturbed buffer and 10 foot improvement setback along all property lines (Sec 64-1141 (3)(b)). 3) To delete the three year period requirement (Sec 64-1812 (b) (6)). 4) To allow access from a local street (Sec 64-1812 (b)(1)). Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 2 of 24 PLANNING COMMISISON RECOMMENDATION – NOVEMBER 20, 2013 U13-04- APPROVAL CONDITIONAL – 6-0 VC13-04- PARTS 1, 2, AND 4 - APPROVAL CONDITIONAL 6-0 VC13-04- PART 3 – DENIAL 6-0 At the Planning Commission Meeting, there were four residents who spoke in opposition to the proposed Use Permit with the following issues: 1) The City needs to be very careful that if this event facility is approved, there would be others that will be requested in the area. 2) Oppose the use and the traffic it will produce. In addition would request that it be approved for only 100 people and that all activity cease at 10:00 pm. 3) The subject site is not a distinct tax parcel but part of another and there will be too much noise and light coming from the facility. 4) The facility would have a negative effect on the rural, low density development in the area. 5) Who would be enforcing the number of people permitted for each event? There were two residents who spoke in favor of the proposed Use Permit and stated the following: 1) They live behind the large equestrian barn. When they have had issues with the equestrian barn, the applicant has been cooperative in correcting their complaints. 2) They are in support of the request to help preserve the rural landscape in the area. 3) They are not concerned about noise or light as they can hear the Cambridge High School football games/band, and North Park games already from their backyard. After deliberations, the Planning Commission recommended the following to the Recommended Conditions and comments: 1) To approve VC13-04, Part 1, to delete the 8 foot high opaque fence with the following condition: “To delete the 8 foot high opaque fence along the south property line provided that Staff receives a letter stating support from the property owner affected.” (Staff notes that the neighbor’s support letter is attached at the end of the report.) Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 3 of 24 2) To deny VC13-04, Part 3 with the understanding that after the three year period, if the applicant has been compliant with the regulations and no issues pending, they can ask for the deletion of the three year limit at the renewal time. 3) To delete Condition 3.b. requesting a five foot high, equestrian style fence along the east property line for a distance of 454.33 feet, as recommended by Staff. 4) To change the number from 100 guests to 150 guests in Condition 1.c. 5) To condition that artificial noise must come from the west side of the house. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 4 of 24 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 5 of 24 Existing Zoning Map Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 6 of 24 Future Land Use Map Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 7 of 24 SITE PLAN SUBMITTED – SEPTEMBER 11, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 8 of 24 REVISED SITE PLAN SUBMITTED– SEPTEMBER 26, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 9 of 24 Parking Layout “A” submitted November 20, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 10 of 24 Parking layout “B” submitted November 20, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 11 of 24 Front of house to be used as the event facility Parking adjacent to house (east side) Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 12 of 24 Gravel drive looking south (house to the right) View from subject site to the east (requested concurrent variance for the deletion of the 75 foot buffer) Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 13 of 24 View from the pasture on the west side of house looking north View from pasture on the west side of house looking south Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 14 of 24 View from back deck of house (west side) to the north View of driveway adjacent to south property line (request to delete fence along the left side of the driveway) Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 15 of 24 View of out-building and enclosed barn looking north (proposed parking area) Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 16 of 24 SUBJECT SITE: The subject site is zoned AG-1 (Agricultural) and developed with a single family residence, barn, out building, garage, pool, and pool house on 4.687 acres. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on September 26, 2013, Staff offers the following considerations: In the applicant’s revised letter of intent received by the Community Development Department on October 11, 2013, it states that the applicant proposes to host events in the range of 100 people to 200 people at most. The applicant proposes that the events will cease artificial noise at 10:00 P.M. The intent is to provide a facility for these events and showcase what is uniquely the City of Milton, while preserving green-space and rural/agricultural areas. The existing house, outbuildings, patios, drives, etc. will provide for the proposed use. Parking including handicapped will be handled on existing pavement/grassed areas and will meet the ratios provided by ordinance. The applicant states that he may construct a pavilion in the future if the need should arise. The driveway at 13895 Hopewell Road will be utilized for entrance only and the exiting of vehicles will be at the applicant’s property located at 13835 Hopewell Road to the south. This is based on the small size of the entrance and lack of site distance at the subject site. Festival or Events, outdoor/indoor Standards for Use Permit (Section 64-1812) Required Standard Meets the Standard 1) Permitted curb cut access shall be from local streets. No, See Concurrent Variance Part 4 Below 2) Eight-foot high 100 percent opaque fencing shall be provided adjacent to residential districts or AG-1 districts used for single- family dwellings. No, See Concurrent Variance Part 1 Below 3) Hours of operation shall be between 8:00 a.m. and 11:00 p.m. when adjacent to residential districts or AG-1 districts used for single- family dwellings. Yes 4) Activity areas, including parking, shall be at least 100 feet from a residential district or AG-1 districts used for single-family Yes Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 17 of 24 dwellings. 5) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent to land which is used for residential districts or AG-1 districts used for single-family dwelling purposes. Yes 6) The festival or event shall be limited to a th ree-year period from the date of the city council's approval not to exceed a total of 180 consecutive days in a calendar year. No, See Concurrent Variance Part 3 Below VC13-04, Part 1 - To delete the 8 foot high opaque fence along the south property line. (Sec 64-1812(b)(2)). The subject site’s driveway abuts the single family residence to the south. This driveway will be utilized for the ingress for the subject site which will impact the adjacent property negatively. Therefore, Staff recommends DENIAL of VC13-04, Part 1. Staff notes that the Planning Commission recommended Approval of this request. VC13-04, Part 3 - To delete the three year period requirement (Sec 64-1812 (b) (6)). The applicant is requesting that the requirement limiting the use permit to a three-year period from the date of the City Council’s approval be deleted. It is Staff’s opinion that this time limitation is provided to allow each event or event facility to be evaluated by the Mayor and City Council on its impact on adjacent and nearby properties. The applicant may choose to reapply for the same use permit at the time the use permit expires. Therefore, Staff recommends DENIAL of VC13-04, Part 3. VC13-04, Part 4 - To allow access from a local street (Sec 64-1812 (b)(1)). The applicant is requesting not to comply with the standard that permitted curb cut access shall be from local streets. Hopewell Road is a minor arterial on the City of Milton Roadway Functional Classification Map and a collector on the GDOT Roadway Functional Classification and Traffic Control Map. It is Staff’s opinion that a proposed use such as an event facility should not be accessed from a local street. Based on these circumstances, it is Staff’s opinion that granting this variance would not offend the spirit or intent of the zoning ordinance. Secondly, based on the fact that this requirement, if strictly applied, would create an unnecessary hardship because of extraordinary situation not caused by the applicant. Thirdly, relief if granted would not cause a substantial detriment to the public good and surrounding properties. Lastly, the public safety, health and welfare are secured and substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL OF VC13-04 – PART 4. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 18 of 24 Northwest Fulton Overlay District Although there are no new structures being proposed, based on the fact that the current use is a single family residence and the request is a non-residential use, the application comes under the purview of the Northwest Fulton Overlay District. The applicant is requesting the following concurrent variance. VC13-04, Part 2 - To delete the 75 foot undisturbed buffer and 10 foot improvement setback along all property lines (Sec 64-1141 (3)(b)). The applicant states in the revised letter of intent that the configuration of the venue property will allow for at least a 100 foot buffer (setback) for surrounding properties, except for the access drive affecting the property located at 13855 Hopewell Road. In addition, the applicant states that the intent is to preserve green space and rural/agricultural areas. Except for the property at 13855 Hopewell Road, all the adjoining properties are owned by the applicant. In addition, the distance between the subject site and properties owned by others ranges from 230 feet to 330 feet. Staff recommends that an equestrian style fence, five feet in height, be constructed along the east property line (labeled with a distance of 454.33 feet) and landscaping not to exceed the height of the fence, interior to the fence be added to provide a visual screen to prevent vehicular lights being seen from the adjacent Bethany Oaks Subdivision. Approval of landscape materials and landscape plan shall be approved by the City Arborist. This condition will be included in the Recommended Conditions and will provide protection for nearby properties and define the area in which people can circulate on the site defined as the event facility. Based on these circumstances, it is Staff’s opinion that the granting of this variance would not offend the spirit or intent of the zoning ordinance. Secondly, based on the fact that this requirement, if strictly applied would create an unnecessary hardship because of an extraordinary situation not caused by the applicant. Thirdly, relief if granted would not cause a substantial detriment to the public good and surrounding properties. Lastly, the public safety, health and welfare are secured and substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL OF VC13-04 – PART 2. City Arborist The proposed Use Permit will not impact any trees on the site. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 19 of 24 Fire Marshal The event facility will be required to be sprinkled and provide handicapped accessibility. The ingress and egress is sufficient for emergency vehicles to provide services to the site. 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. The proposed use permit and existing structures do not have any impact on the stream or wetlands within the stream buffer. Public Involvement Community Zoning Information Meeting On September 24, 2013 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. Sixteen people signed the sign in sheet. Attendees expressed concerns about the number of people attending events, the potential impact of noise and light, how many events will be scheduled, and the possibility of outside event structures . City of Milton Design Review Board Meeting Courtesy Review – October 1, 2013 The following comment was made at the meeting: Concerned that the approval of this use will open the door for other uses that may inconvenience the neighbors. Public Participation Plan and Report The applicant submitted the Public Participation Report on November 18, 2013. The public participation meeting was held on October 9, 2013 at the representative’s office on Hwy 9. There were four residents in attendance. Their issues included the number of attendees, the hours of operation, noise concerns, and types of events. The applicant responded that the events would be weddings, anniversary, and similar parties; noise would not exceed the allowed DBA; the number of attendees would be 200 and events would cease at 11:00 pm. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 20 of 24 USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The proposed development is located in the Agricultural, Equestrian, Estate Residential (AEE) land use category on the City of Milton 2030 Comprehensive Plan Map. The proposed use permit is permitted in AG-1 (Agricultural) districts which is an acceptable zoning district for the AEE land use category. In addition, the following Plan Policy is consistent with the proposed use: “We will support programs that retain, expand and create businesses that provide a good fit for our community’s economy in terms of job skills required and links to existing businesses and locate them appropriately within the City.” 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is adjacent to a minor arterial to the west and agriculturally zoned property owned by the applicant to the north and east. If the required eight foot opaque fence is constructed adjacent to the entrance driveway. The applicant has asked in the Letter of Intent to have a maximum of 200 guests but states that the typical event would have 100 guests. Staff will condition the maximum of 100 guests. It is Staff’s opinion that event facility is compatible with adjacent and nearby properties if it is approved with the Recommended Conditions. 3. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use is in violation of three of the Use Permit standards and one requirement of the Northwest Fulton Overlay District. The applicant is requesting a four part concurrent variance to come into compliance with these requirements. 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 21 of 24 The type of proposed use’s effect on the traffic flow, vehicular and pedestrian, along adjoining streets should be minimal as the frequency and timing occurs during off peak times during the weekend hours and not during the week. 5. The location and number of off-street parking spaces; The following chart illustrates the parking required by Section 64-1410 of the City of Milton Zoning Ordinance for the proposed use: Assembly, places without fixed seating Ratio Number Spaces Required Number Spaces Provided 2,600 square feet in the structure 1 per 35 feet in the largest assembly room 74 88 or 106 indicated on site plan The applicant submitted two parking plan options on November 20, 2013. It appears that Plan A indicates a total of 88 parking spaces, including Handicapped. Plan B indicates a total of 106 parking spaces. 6. The amount and location of open space: The proposed site provides for a large area of open space which primarily surrounds house and accessory structures. 7. Protective screening: The applicant requested a concurrent variance to delete the 75 foot undisturbed buffer and 10 foot improvement setback as discussed above. Staff is of the opinion that there is adequate protection in the distance from adjacent property owners with the exception to the residence directly to the south along the entrance driveway. In addition, Staff has included a condition to require a 5 foot equestrian style fence with landscaping not to exceed 5 feet interior to the fence to provide additional screening as approved by the City Arborist. Staff has recommended denial of the deletion of the 8 foot high opaque fence to provide the necessary screening for the property to the south. 8. Hours and manner of operation: The applicant has indicated that events will not produce artificial sound past 10 p.m. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 22 of 24 9. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Night Sky Ordinance. 10. Ingress and egress to the property. One driveway does not meet sight distance for full access; therefore Staff is requiring one way circulation. Neither meets the width for one way circulation must be widened to meet the required width. CONCLUSION If approved with the Recommended Conditions, the proposed special event facility is consistent with the City of Milton 2030 Future Land Use Plan and Policies. Therefore, Staff recommends U13-02 be APPROVED CONDITIONAL. Regarding the Concurrent Variances, Staff recommends APPROVAL CONDITIONAL of VC13-04, Parts 2 and 4, and DENIAL OF VC13-04, PARTS 1 AND 3. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 23 of 24 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for Festivals or events, outdoor/indoor 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) The existing single family house and property within the 4.697 acre site utilized for events. b) The existing barn, out building, pool house, garage, shall not be expanded in size as depicted on the revised site plan received by the Community Development Department on September 26, 2013. c) The number of guests shall not exceed 100 people for a single event. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on September 26, 2013. 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 appl icant 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 delete the 75 foot undisturbed buffer and 10 foot improvement setback along all property lines. (VC13-04, Part 2) b) Provide a five foot high, equestrian style fence along the east property line labeled 454.33 feet and a planted screen not to exceed five feet in height interior to the fence. Plant material and planting plan shall be approved by the City Arborist. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 16, 2013 12/12/2013 U13-04/VC13-04 Page 24 of 24 c) Permitted curb cut access shall not be from a local street. (VC13-04, Part 4) d) Artificial sound emitting from the facility shall cease at 10:00 p.m. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Public Works Department, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. Driveway located at 13895 Hopewell Road shall be entrance only and driveway located at 13835 Hopewell Road shall be exit only ii. Driveway(s) shall meet minimum width requirements iii. Driveway(s) modifications shall include any required right of way reservation for future intersection improvement project at Hopewell Rd and Bethany Bend/Way December 9, 2013 To Milton City Council Members_ My name is Connie Beckham and I own the property at 13855 Hopewell Rd. My property borders the proposed wedding facility on its southern border. I enjoy viewing the pastures and activities and do not want an opaque fence separating the properties. Therefore, I request that you support the variance to remove the requirement for an S" opaque fence between the properties. Thank you Connie Beckham Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. ORDINANCE NO._______ PETITION NO. U13-04/VC13-04 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT (SECTION 64-1812) FOR AN EVENT FACILITY ON 4.697 ACRES LOCATED AT 13895 HOPEWELL ROAD BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on December 16, 2013 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, to be changed so that the following property located at 13895 Hopewell Road, consisting of a total of approximately 4.697 acres as described in the attached legal description, a Use Permit for an event facility with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 820 and 837 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Use Permit for an event facility listed in the attached conditions of approval, be approved under the provisions of Chapter 64, Article IX, Division 5, Section 64-1812 of the Zoning Ordinance of the City of Milton with the approved concurrent variances; 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 all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 16th day of December, 2013. _________________________________ 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 for a Use Permit for Festivals or events, outdoor/indoor 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) The existing single family house and property within the 4.697 acre site utilized for events. b) The existing barn, out building, pool house, garage, shall not be expanded in size as depicted on the revised site plan received by the Community Development Department on September 26, 2013. c) The number of guests shall not exceed 100 people for a single event. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on September 26, 2013. 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 delete the 75 foot undisturbed buffer and 10 foot improvement setback along all property lines. (VC13-04, Part 2) b) Provide a five foot high, equestrian style fence along the east property line labeled 454.33 feet and a planted screen not to exceed five feet in height interior to the fence. Plant material and planting plan shall be approved by the City Arborist. c) Permitted curb cut access shall not be from a local street. (VC13-04, Part 4) d) Artificial sound emitting from the facility shall cease at 10:00 p.m. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Public Works Department, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. Driveway(s) shall meet minimum width requirements ii. Driveway(s) modifications shall include any required right of way reservation for future intersection improvement project at Hopewell Rd and Bethany Bend/Way REVISED SITE PLAN SUBMITTED– SEPTEMBER 26, 2013 HOME OF HF 13E.ST QJl i TY i E I.IFF 1.*� ; tC`EM I'LTO N, �C-�:.' ESTAR1liHFD 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 11, 2013 FROM: City Manager AGENDA ITEM: Consideration for the Purchase of an Aerial Fire Apparatus as a Replacement for the Current Front -Line Unit. MEETING DATE: Monday, December 16, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: kAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: j YES () NO CITY ATTORNEY REVIEW REQUIRED: YES O NO APPROVAL BY CITY ATTORNEY y APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 2 Ito 1,3 REMARKS 4 ® Yaum PHONE: 678.242.2500 1 FAX: 678,242.2499i1r MM Tr , infoOcityofmiitonga.us i www.cityofmiltongo.us Counc. Lhi' 13000 Deerfield Parkway, Suite 107 Milton GA 30004 0 Page 1 of 2 To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted on December 11, 2013 for the December 16, 2013 Regular Council Meeting Agenda Item: Consideration for the Purchase of an Aerial Fire Apparatus as a Replacement for the Current Front-Line Unit ____________________________________________________________________________ Department Recommendation: Approve the purchase of a new Sutphen 100 foot aerial apparatus based on the City’s needs, ISO recommendations, and other efficiency factors. This recommendation is the result of a careful analysis of several alternatives and is deemed the best choice for the Milton community. Executive Summary: The Milton Fire Department requests the capital purchase of a new 100' mid-mount platform Sutphen ladder truck to replace the current 75’ Quint ladder truck (Truck 1). Truck 1 is now a six year old, single axle, rear-mounted aerial which accounts for the highest maintenance cost of all the current fire apparatus. When Truck 1 goes out of service for mechanical issues, Milton relies on a spare ladder truck which is provided by Alpharetta. Funding this capital request will provide Milton with much needed flexibility in its fleet, allowing Truck 1 to be transitioned to a role as a less-frequently used reserve aerial apparatus. Additionally, the 100' mid-mount will provide much needed ladder length for both rescue and firefighting operations. Through the current intergovernmental agreement between Milton and Alpharetta, our neighbor to the south will also benefit by the addition of this apparatus. Finally, the addition of a longer ladder, the placement of the current Truck 1 in reserve at station 41 (Crabapple) should have a positive impact on any future ISO evaluation and allow Milton Fire to provide a more efficient service to residents in the Crabapple / Highway 140 area of the City. Funding and Fiscal Impact: The funding for the new apparatus in the amount of $1,187,983 is funded in the capital vehicle replacement schedule for the Fire Department. Page 2 of 2 The new truck will have a 3 year bumper-to-bumper warranty as well as a 5 year motor and transmission warranty, resulting in minimal repair cost for the warranty period. In the long term, Milton could also realize savings with an “aerial harvest” at the end of the trucks life cycle where it is sent back to the manufacturer where the ladder, platform and its working parts are removed, rebuilt, and remounted onto a new chassis. This program could save the city in excess of $200,000 on our next ladder truck replacement and is specific to the manufacture we have chosen. Alternatives: There are alternative vehicles, but committee analysis (discussed above) has rated these options lower based on efficiency and community needs. Further details supporting this choice can be provided by the Fire Department and the Apparatus Committee at the Mayor and Council’s request. Legal Review: Reviewed and approved by Ken Jarrard, Jarrard and Davis, LLC (September 26, 2013) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Milton Proposal Sutphen Corporation Proposal TO THE: DATE: November 20, 2013 City of Milton Ladies and Gentlemen: We hereby propose and agree to furnish the following fire fighting equipment upon your acceptance of this proposal: One (1) Sutphen Custom SPH 100 Foot Platform finished and delivered for the total Sum of ………$1,187,983.00 …………… One Million, One Hundred Eighty Seven Thousand, Nine Hundred Eighty Three Dollars and 00/100’s Unit(s) shall be manufactured completely in accordance to the following proposal and is scheduled to finish in approximately 330-360 days. If the contract is not signed within 30 days, we reserve the right to extend, modify or withdraw this proposal. **This proposal is a “Piggy Back” proposal onto Cobb County’s Bid # 12-5646. Page 1 and Section 1.2 of Cobb’s Bid asks for the availability to tag-on for a period of 3 years. This allowance is provided in the bid by Sutphen Corporation, therefore allowing a Piggy Back by your city. Respectfully submitted, Sutphen Corporation 7000 Columbus-Marysville Road Amlin, Ohio 43002 _MATTHEW WILLIAMS_________ Matthew Williams Williams Fire Apparatus Sales Representative for the Sutphen Corporation COBB COUNTY PURCHASING DEPARTMENT 1772 County Services Parkway Marietta, Georgia 30008-4012 (770) 528-8400 /FAX (770) 528-1154 Email: purchasing @cobbcounty.org www.purchasing.cobbcountyga.gov IMPORTANT NOTICE – PLEASE READ CAREFULLY!! ALL bids MUST be received at the Cobb County Purchasing Department. BIDS MUST BE RECEIVED BEFORE 12:00 (NOON) ON BID OPENING DAY Any bid received later than 12:00 (noon) will not be accepted. The County accepts no responsibility for delays in the mail. Bids are to be mailed or delivered to: COBB COUNTY PURCHASING DEPARTMENT 1772 COUNTY SERVICES PARKWAY MARIETTA, GA 30008-4012 All bid prices shall be submitted on the Bid Form included in the bid/proposal. Any revisions made on the outside of the envelope WILL NOT be considered. PLEASE CHECK bid specifications and advertisement for document requirements. Documents/Forms listed below MUST be submitted when required. Omission of these documents /forms will cause your bid/proposal to be declared NON-RESPONSIVE. • BID SUBMITTAL FORM ► Official Signature is required on this form guaranteeing the quotation. • CONTRACTOR AFFIDAVIT and AGREEMENT – Exhibit A (NOT REQUIRED) ► Affidavit MUST be signed, notarized and submitted with any bid requiring the performance of physical services. If the affidavit is not submitted at the time of the bid, bid will be determined non-responsive and will be disqualified. • BID BOND (NOT REQUIRED) If your firm is classified as a Disadvantaged Business Enterprise (DBE) please complete Exhibit B with bid response. A Disadvantaged Business Enterprise (DBE) is generally defined as a Female, Black American, Hispanic American and any other minority owned business. All vendors are required to submit the ORIGINAL AND AT LEAST one (1) duplicated copy of any bid submitted to Cobb County. Please refer to your bid specifications to determine if more than one (1) copy is required. Non-submission of a duplicate copy may disqualify your bid/proposal. A “SEALED BID LABEL” has been enclosed to affix to your bid. This label MUST Thank you in advance for your cooperation. be affixed to the outside of the envelope or package, even if it is a “NO BID” response. Failure to attach the label may result in your bid being opened in error or not routed to the proper location for consideration. No bid will be accepted after the date and time specified. ADVERTISEMENT FOR BIDS COBB COUNTY PURCHASING DEPARTMENT BID OPENING DATE: MARCH 8, 2012 Cobb County will receive Sealed Bids before 12:00 NOON, March 8, 2012 in the Cobb County Purchasing Department, 1772 County Services Parkway, Marietta, GA 30008 for: SEALED BID # 12-5646 PURCHASE OF TWO (2) MID-MOUNT 100 FOOT AERIAL PLATFORMS COBB COUNTY FIRE AND EMERGENCY SERVICES No bids will be accepted after the 12:00 noon deadline. Bids are opened at 2:00 p.m. at Cobb County Purchasing Department, 1772 County Services Parkway, 2nd Floor, Bid/Meeting Room, Marietta, GA 30008 No bid may be withdrawn for a period of sixty (60) days after date of bid opening, unless otherwise specified in the bid documents. Cobb County will consider the competency and responsibility of bidders in making the award. Cobb County reserves the right to reject any and all bids, to waive informalities and technicalities, to reject portions of the bids, and to award contracts in a manner consistent with the County and the laws governing the State of Georgia. The Georgia Security and Immigration Compliance Act Affidavit form must be submitted with all bid packages involving the “performance of physical services” in order to be considered. This solicitation and any addenda are available for download in PDF format on the Cobb County Purchasing website. www.purchasing.cobbcountyga.gov Advertise: February 24, 2012 March 2, 2012 BID SUBMITTAL FORM SUBMIT BID/PROPOSAL TO: COBB COUNTY PURCHASING DEPARTMENT 1772 COUNTY SERVICES PARKWAY MARIETTA, GA 30008-4012 BID/PROJECT NUMBER: 12-5646 PURCHASE OF TWO (2) MID-MOUNT 100 FOOT AERIAL PLATFORMS COBB COUNTY FIRE AND EMERGENCY SERVICES DELIVERY DEADLINE: MARCH 8, 2012 BEFORE 12:00 (NOON) EST (NO BIDS/PROPOSALS WILL BE ACCEPTED AFTER THIS DEADLINE). BID OPENING DATE: MARCH 8, 2012 @ 2:00 P.M. IN THE PURCHASING DEPARTMENT BID ROOM. BUSINESS NAME AND ADDRESS INFORMATION: Company name: _______________________________________________________________________ Contact name: _________________________________________________________________________ Company address: _____________________________________________________________________ E-mail address: ________________________________________________________________________ Phone number: _____________________________ Fax number: ______________________________ _____________________________________________ NAME AND OFFICIAL TITLE OF OFFICER GUARANTEEING THIS QUOTATION: ________________________________________ _____________________________ (PLEASE PRINT/TYPE) NAME TITLE SIGNATURE OF OFFICER ABOVE: ________________________________________________________________ (SIGNATURE) TELEPHONE: __________________________________ FAX: _________________________________________ BIDDER WILL INDICATE TIME PAYMENT DISCOUNT: ________________________________________________ BIDDER SHALL INDICATE MAXIMUM DELIVERY DATE: _______________________________________________ Bids received after the date and time indicated will not be considered. Cobb County reserves the right to reject any and all bids, to waive informalities, to reject portions of the bid, to waive technicalities and to award contracts in a manner consistent with the county and the laws governing the state of Georgia. The enclosed (or attached) bid is in response to Bid Number 12-5646 NOTICE TO BIDDERS - - BID QUOTES MUST INCLUDE INSIDE DELIVERY CHARGES ; is a firm offer, as defined by section O.C.G.A. (s) 11-2- 205 of the code of Georgia (Georgia laws 1962 pages 156-178), by the undersigned bidder. This offer shall remain open for acceptance for a period of 60 days calendar days from the bid opening date, as set forth in this invitation to bid unless otherwise specified in the bid documents. Advertise Dates: February 24, 2012 March 2, 2012 SEALED BID LABEL SEALED BID ENCLOSED DELIVER TO: COBB COUNTY PURCHASING 1772 County Services Parkway Marietta, GA 30008-4012 ________________________________________ SEALED BID # 12-5646 DATE: March 8, 2012 BIDS MUST BE RECEIVED BEFORE 12:00 NOON DESCRIPTION: Purchase of Two (2) Mid-Mount 100 Foot Aerial Platforms PLEASE ATTACH LABEL TO OUTSIDE OF BID PACKAGE "STATEMENT OF NO BID” COBB COUNTY PURCHASING DEPARTMENT 1772 COUNTY SERVICES PARKWAY MARIETTA, GA 30008 TO ALL PROSPECTIVE BIDDERS: Because of the many requests to be placed on our vendors' list, we are continuously updating the list. While we want to include all bona fide vendors, we do not want to mail bids to those vendors who may no longer be interested in participating in our bidding process. If you do not choose to respond to the attached Invitation to Bid/Request for Proposal, please fill out the form below indicating whether or not you want to be retained on our current vendor list. Vendors who do not respond in any way (by either submitting a bid or by returning this form) over a period of one year may be removed from the current vendor list. Vendors who do not wish to bid often return the entire bid package, sometimes at considerable postage expense. Returning the entire bid package is not necessary. Simply return this form. Thank you for your cooperation. Cobb County Purchasing Department ______________________________________________________________________ "STATEMENT OF NO BID” SEALED BID NUMBER 12-5646 PURCHASE OF TWO (2) MID-MOUNT 100 FOOT AERIAL PLATFORMS If you do not wish to respond to the attached Invitation to Bid/Request for Proposal, please complete this form and mail/fax to: Cobb County Purchasing Department, Attention: Sealed Bid Department, 1772 County Services Parkway, Marietta, GA. Fax # 770-528-1154 I do not wish to submit a bid/proposal on this solicitation. I wish to be retained on the vendor list for this commodity or service: Yes_____ No ____ Please PRINT the following: ________________________________ Company Representative You are invited to list reasons for your decision not to bid: INVITATION TO BID SEALED BID # 12-5646 PURCHASE OF TWO (2) MID-MOUNT 100 FOOT AERIAL PLATFORMS COBB COUNTY FIRE AND EMERGENCY SERVICES BID OPENING DATE: MARCH 8, 2012 BIDS ARE RECEIVED IN THE COBB COUNTY PURCHASING DEPARTMENT 1772 COUNTY SERVICES PARKWAY MARIETTA, GEORGIA 30008 BEFORE 12:00 (NOON) BY THE BID OPENING DATE BIDS WILL BE OPENED IN THE COBB COUNTY PURCHASING DEPARTMENT BID/MEETING ROOM AT 2:00 P.M. VENDORS ARE REQUIRED TO SUBMIT THE ORIGINAL AND 1 COPY OF BID (UNLESS OTHERWISE SPECIFIED IN BID SPECIFICATIONS) N.I.G.P. COMMODITY CODE: 07053 NAME: ADDRESS: REPRESENTATIVE: PHONE: FAX: E-MAIL___________________________________________________________________ NOTE: The Cobb County Purchasing Department will not be responsible for the accuracy or completeness of the content of any Cobb County Invitation to Bid or Request for Proposal or subsequent addenda thereto received from a source other than the Cobb County Purchasing Department. 1 Invitation to Bid Purchase of Two (2) Mid-Mount 100 Foot Aerial Platforms Cobb County Fire & Emergency Services Sealed Bid #12-5646 1.0 General Requirements 1.1 Bids are requested for two (2) mid-mount 100’ platforms on a five (5) person custom tilt cab. The apparatus shall meet or exceed NFPA 1901 standards 2009 edition and are the latest model available. The bid price shall remain valid for a period of twelve (12) months from the date of bid opening. Bids are due to the Cobb County Purchasing Department located at 1772 County Services Parkway, Marietta, Georgia, 30008 before 12:00 (noon) on March 8, 2012. Late bids will not be accepted. 1.2 Contract shall be renewable for an additional three (3) years. Cobb County has the right to cancel or fail to renew the contract at any time. 1.3 It is the intent of this specification to describe the essential minimum requirements for construction and performance of the apparatus and associated equipment. 1.4 All items listed in the specifications are to be considered mandatory except work and equipment listed as “options”. 1.5 It is understood that Cobb County may select or delete items listed as “options” as necessary when accepting the bid. 1.6 The overall length shall not exceed 47.00’. 1.7 The overall height shall not exceed 11’ 8”. 1.8 The road and pumping tests required are those specified in NFPA 1901. Testing shall be conducted by an independent third party testing company. Written proof of all tests conducted shall be provided to Cobb County at the final inspection. 1.9 Vendors bidding on this project must agree to price and perform all work and furnish all equipment listed in these specifications. 1.10 Terms of payment shall be 100% payment on delivery, testing, and acceptance of the apparatus. Bidder shall indicate any pre-payment discounts that are available in the bidder’s proposal. 1.11 Bid proposals shall be submitted in the same sequence as the specifications for ease of evaluation, comparison, and checking of compliance. 1.12 Any exception or variation in construction, performance, testing, or items of equipment between this specification and the bidder’s proposal shall be detailed and submitted on a separate sheet(s) along with the bidder’s proposal in bid sequence, citing page and item number. Failure to properly list any exceptions shall be cause for rejection of the bid. 1.13 Bidder must explain in detail and with full supporting data how the proposed deviation meets or exceeds the specifications. Failure to comply with this requirement may disqualify the bid. 2 1.14 The purchaser’s specifications shall in all cases govern the construction of the apparatus, unless a properly documented exception or deviation was approved. 1.15 Failure to list all exceptions implies the bidder is complying 100% with the specifications. Any deviations from the specifications as determined by Cobb County, which are not listed in the bidder’s proposal, shall be cause for rejection of the apparatus. 1.16 Two (2) complete sets of the bidder’s proposal along with scale drawings showing the front, rear, left, right, and top view of the proposed apparatus must be submitted with the bid for purpose of comparison. A detailed drawing of the proposed pump panel including all gauges and valves specified herein shall be submitted with the bid. 1.17 All bids must be submitted in a three ring binder. No loose-leaf bids will be accepted. 1.18 Cobb County Fire & Emergency Services reserves the right to reject any and all bids received and accept any bid that in its judgment best serves the interest of Cobb County and the Department. 2.0 Product Liability Insurance 2.1 Minimum general liability insurance of $5 million shall be supplied by the manufacturer of the apparatus. This is excluding any product liability insurance carried by the apparatus dealer. 2.2 Minimum umbrella, excess liability insurance of $25 million shall be supplied by the manufacturer of the apparatus. 2.3 Documentation of the amount of liability insurance carried by the manufacturer and the name of the insurance company shall be provided by the bidder with the bid proposal. 2.4 The successful bidder shall defend any and all suits and assume liability for the use of a patented device or an article forming a part of the apparatus furnished under the contract. 2.5 Failure to supply a copy of the Certificate of Insurance with the bid will be cause for rejection of the bid. No exception to this requirement will be allowed. 3.0 Service 3.1 The bidder must maintain a factory authorized service facility within 150 miles of Cobb County or provide a mobile vehicle repair service with maximum response time of 36 hours from request from Cobb County. 3.2 Warranty service shall be performed at Cobb County facilities whenever possible. 3.3 When warranty service is performed by Cobb County in lieu of the manufacturer or dealer, labor costs are to be paid by the manufacturer or dealer at a predetermined rate. The manufacturer shall provide parts or reimburse Cobb County for parts used in performing warranty work. 4.0 Warranty 4.1 The bidder shall warrant the apparatus (bumper to bumper) and effective materials and workmanship for a period of no less than TWO YEARS from the date the vehicle is entered into service in Cobb County. The in-service date is to be recorded by the manufacturer and by Cobb County for future reference. 4.2 Apparatus body shall be warranted for ten (10) years from the date the vehicle is entered into service in Cobb County. 4.3 Chassis frame rails and cross members shall be warranted for the life of the vehicle as operated by Cobb County. 3 4.4 Any difference between the warranty offered by the manufacturer and the requirements of these specifications must be clearly stated and taken as an exception. Consideration of the warranty exceptions will be made during the bid evaluation process. 4.5 The specifications shall prevail in any variation between the manufacturer’s offered warranty and those required in the specifications, unless an exception has been accepted. 4.6 During the warranty period, if towing the apparatus to the repair facility is required, it shall be the responsibility of the bidder to reimburse Cobb County for the cost of the towing service. 4.7 The successful bidder agrees to assist Cobb County in the coordination of warranty claims on the other major components, such as the engine, transmission, pump, tank, etc. 5.0 Delivery Terms 5.1 Cobb County requires that one (1) aerial platform is delivered in December 2012 with the second aerial platform to be delivered in February 2013. 5.2 A late delivery penalty of $200.00 per day may/shall be imposed for each day beyond the quoted delivery date. 5.3 The penalty may also apply if the unit(s) is delivered and rejected, until the unit(s) is returned meeting the specifications. 6.0 Pre-construction Conference 6.1 The bidder shall include in their bid price the costs for three (3) Cobb County personnel to travel to the factory for the pre-construction conference. Conference shall occur no more than four (4) weeks after receipt of the purchase order. 6.2 Travel costs shall include commercial air transportation, ground transportation, individual hotel rooms and meals. 6.3 Ground transportation from the airport to the conference location and/or hotel shall not be more than two hours of travel time. 6.4 Documentation regarding the specific conclusions reached shall be prepared by the successful bidder and furnished to the County within fifteen (15) working days after the conference ends, and prior to commencement of fabrication. 7.0 Approval Drawings 7.1 Drawings for approval and blueprints with all details must be furnished within 30 calendar days after the pre-construction conference. 7.2 The engineering drawing must be drawn to scale and representative of the unit after the pre-construction conference clarifications are incorporated. 7.3 Cobb County will make every effort to correct the approval drawing before it is returned to the manufacturer. However, if a variation or omission between the approval drawing and written specifications is discovered, the written specifications will prevail. 8.0 Project Manager 8.1 The successful bidder shall designate a Project Manager commencing with the pre-construction conference. A Manager shall be assigned to the project until the units have been accepted by Cobb County. In the event that the Project Manager is replaced, the County shall be notified in writing. 9.0 Factory Inspection Trips 4 9.1 The bidder shall include $2,000.00 per unit for factory inspection trips for three Cobb County personnel to travel to the factory for inspection of the completed apparatus. 9.2 Any unused portion of this fund will be deducted from the final cost of the apparatus. 9.3 An itemized list of expenses deducted from the travel fund shall be provided with the final invoice. 9.4 Cobb County reserves the right to visit the manufacturer’s facility at any time at no cost to the bidder, to monitor the construction of the apparatus. Advanced notice of these visits will be made prior to arrival. 9.5 Cobb County Fire will not initiate a final inspection on any apparatus if there is work to be done on the unit. The unit must be in delivery condition. 9.6 Cobb County prefers to inspect a maximum of four apparatus per FINAL inspection trip. 10.0 Contingency Fund 10.1 A contingency fund in the sum of $6,000.00 per unit shall be included in the bid price to cover the cost of unforeseen items or required work that may arise during the course of construction. 10.2 Written approval of such adjustments must be made on Change Orders, which identify specifically the scope of the work and the cost. 10.3 When authorized in writing by Cobb Fire, the changes will become an addendum to the specifications. 10.4 Any unused portion of the contingency fund shall be deducted from the final payment. All funds spent must be accounted for with an itemized statement. 11.0 Delivery Requirements 11.1 Delivery shall be to Cobb County Fire Vehicle Maintenance, 1958 County Services Parkway, Marietta, Georgia, 30008. 11.2 The manufacturer’s delivery engineer shall drive the apparatus from the factory to Cobb County. Prior to delivery, the dealer shall service and adjust each vehicle for operational use. Upon delivery, the vehicle must be re-inspected for damage and operational deficiencies. 11.3 The following must be shown on the Manufacturer’s Statement of Origin Cobb County Board of Commissioners 1940 County Services Parkway Marietta, GA 30008 12.0 Training 12.1 After delivery, a factory representative shall be present to familiarize those designated by the Fire Department with the basic operation of the apparatus and its components. Representative shall spend one day with the shop personnel to review vehicle maintenance requirements and proper vehicle operation. 12.2 The bidder agrees to allow a Fire Department representative to videotape the presentation for future reference and training. 12.3 The training shall be for a period of up to five days in order to ensure all personnel are trained. 5 MINIMUM REQUIREMENTS COMPLY 13.0 Chassis Equipment 13.1 Frame 13.1.1 Each frame side rails shall be constructed YES__NO__ of two (2) 3/8” thick formed channels. A minimum RBM of 1,569,160 inch pounds shall be provided. Cross members shall be constructed of minimum 3/8” thick steel. 13.1.2 Frame shall be painted black. YES__NO__ 13.2 Chassis wheelbase shall be between 230”-248”. YES__NO__ 13.3 Overall length of vehicle shall not exceed YES__NO__ approx. 47’. 13.4 Overall height of vehicle shall not exceed 11’8”. YES__NO__ 13.5 Front Bumper 13.5.1 To reduce overall length, bumper YES__NO__ shall NOT be extended. 13.5.3 Two chrome tow hooks. YES__NO__ 13.6 Engine 13.6.1 The engine shall be a Cummins ISX YES__NO__ 500 HP or larger. 13.6.2 Engine, transmission, and drive train YES__NO__ shall be designed to provide a minimum performance of 0-40 M.P.H. in 12 seconds. Vehicle top speed shall be 65m.p.h. 13.7 Transmission 13.7.1 Allison EVS model transmission. Exact YES__NO__ model shall be chosen to match engine horsepower and PTO requirements. 13.7.2 Pressing “mode” switch on keypad YES__NO__ provides sixth (6) gear for overdrive 6 13.7.3 Transmission will automatically lock YES__NO__ in 4th gear for pumping when the pump is shifted into pump gear. 13.7.4 One(1) transmission fluid temperature YES__NO__ gauge with a warning light shall be furnished on the dash. 13.7.5 Allison touch keypad range selector shall YES__NO__ be located to right of the driver within clear view. 13.7.6 Allison TranSynd synthetic fluid. YES__NO__ 13.8 Drive Line 13.8.1 Heavy-duty metal tube equipped with YES__NO__ Spicer 1810 universal joints. 13.8.2 Shafts shall be dynamically balanced YES__NO__ before installation. 13.8.3 A splined slip joint shall be provided YES__NO__ in each driveshaft, slip joint shall be coated with Glidecoat or equivalent. 13.9 Electrical System 13.9.1 Minimum 320 Niehoff or Leece-Nevill YES__NO__ alternator. 13.9.2 Minimum of four (4) 12-volt YES__NO__ group 31, maintenance free, 950 CCA Delco1150 or Interstate MHD batteries. Batteries shall be mounted in stainless steel vented box. 13.9.3 Cole-Hersee battery switch. YES__NO__ 13.9.4 Green LED indicator for battery “on” YES__NO__ 13.9.5 All wiring shall be color and function YES__NO__ coded every 3”-6”. 13.9.6 Grommets shall be used where YES__NO__ wires or loom pass through holes in metal. 13.9.7 Battery jumper studs shall be provided YES__NO__ in the drivers step area. 13.9.7 Automatic reset circuit breakers shall be YES__NO__ used. NO EXCEPTIONS 13.9.8 If bidder does not propose a multiplex YES__NO__ electrical system with an integrated 7 load manager, a Class One Total System Load Manager shall be installed to shed up to eight (8) circuits if a low voltage occurs. 13.9.9 One (1) set of EXACT as built 12 volt YES__NO__ wiring diagram in 11” x 17” format and one (1) set of EXACT as built 12 volt wiring diagram in large blue print format. 13.10 Battery Charger/Air Compressor 13.10.1 A Kussmaul Pump Plus 1200 single YES__NO__ output battery charger/ air compressor system shall be provided. A display bar graph indicating the state of charge shall be mounted on the driver’s side seat riser. 13.10.2 Kussmaul 20 Amp Auto eject plug YES__NO__ shall be installed on the driver side of the apparatus in proximity of the driver’s door. 13.11 Exhaust System 13.11.1 The exhaust system shall have a single YES__NO__ muffler with discharge in front of the right rear tire. 13.11.2 Exhaust system shall be compatible with YES__NO__ Neiderman Exhaust Removal System. 13.11.3 Heat shields shall be furnished to protect YES__NO__ any part of the apparatus from heat damage. 13.12 Auxiliary Brake 13.12.1 Truck shall be equipped with a Jake Brake YES__NO__ which shall interface with the transmission to down shift transmission when the accelerator is lifted. Transmission shall downshift two gear ranges. 13.12.2 Jake Brake shall be equipped with 3 settings YES__NO__ Hi, Low, Off. 13.12.3 Brake lights shall be illuminated when the YES__ NO__ Jake Brake is activated. 13.13 Cooling System 13.13.1 Radiator shall have metal top and bottom YES__NO__ tanks, top tank shall be full deareation and the bottom shall have a drain cock. 8 13.13.2 System shall rapidly warm up without YES__NO__ the use of shutters. 13.13.3 Silicon radiator and heater hoses. YES__NO__ 13.13.4 Clamps shall be constant torque stainless YES__NO__ steel. 13.13.5 Spin-on coolant filter/ conditioner. YES__NO__ 13.13.6 50/50 Ethylene glycol/water mix suitable YES__NO__ for use to –34 degrees F. 13.13.7 Front radiator grill assembly shall be YES__NO__ a one piece polished stainless steel assembly. Plastic grills not acceptable. 13.13.8 Fan drive shall be hydraulically driven YES__NO__ heavy duty composite 11 blade fan. 13.14 Fuel System 13.14.1 65-gallon fuel tank mounted between frame YES__NO__ rails. 13.14.2 Fuel fill on driver’s side of vehicle YES__NO__ with cast aluminum door. 13.14.3 Fuel fill shall be vented to allow YES__NO__ for rapid fill without “blow-back”. 13.15 Axles 13.15.1 Front axle shall be a Meritor 23,000 lb. YES__NO__ capacity with oil seals. 13.15.2 Rear axle shall be a Meritor tandem drive YES__NO__ axle 48,000 lb. capacity. 13.16 Suspension 13.16.1 Front springs shall be of the semi-elliptic YES__NO__ type rated for full axle capacity. Kaiser bushings will be installed on front axle with oil seals for long life. 13.16.2 Rear suspension shall be Raydan Air-Link YES__NO__ walking beam air ride suspension rated for 48,000 lbs. The suspension shall incorporate a quad air spring system. Air bags shall have internal rubber stops to allow for operation without air. Dual height control valves shall be provided to maintain even balanced loads. 9 13.17 Steering 13.17.1 Ross heavy duty Model TAS-85 power YES__NO__ steering shall be provided. Minimum 45 degree cramp angle shall be provided. 13.17.2 18” diameter steering wheel with black YES__NO__ padding. 13.17.3 Steering column shall be six position YES__NO__ tilt and 2” telescopic. 13.18 Air Brake System 13.18.1 Air compressor shall be Wabco with YES__NO__ a minimum of 18.7 cfm at 1250 engine rpm. 13.18.2 Wabco spin-on desiccant air dryer with YES__NO__ heated moisture ejector. Minimum of 8’ of stainless steel line between air compressor and air dryer. 13.18.3 Front and rear brakes shall be Q plus YES__NO__ or better components. 13.18.4 Front brakes- Meritor 16.5”x 6” S-cam YES__NO__ drum brakes 13.18.5 Rear brakes- Meritor 16.5”x8.625” S-cam YES__NO__ drum brakes 13.18.6 Six (6) air tanks with one serving YES__NO__ as a wet tank. 13.18.7 Air tank drains shall be automatic and YES__NO__ heated. 13.18.8 WABCO anti-lock braking system shall YES__NO__ be installed. 13.18.9 Air lines shall be color coded nylon YES__NO__ reinforced. 13.19 Additional Air Reservoir 13.19.1 1200 cubic inch air reservoir shall be YES__NO__ installed to prevent depletion of brake system. 13.19.2 The air reservoir shall supply the air horns YES__NO__ and auxiliary air outlet in 13.19.3. 13.19.3 An auxiliary air outlet shall be provided YES__NO__ at the pump panel with a female quick connect. A valve shall be installed in-line at the pump panel to control the air outlet. 10 13.20 Tires and Wheels 13.20.1 Tires and wheels rated for top speed of YES__NO__ apparatus. 13.20.2 Tires shall be Michelin tubeless steel YES__NO__ belted radial highway tread. 13.20.3 Front: 425/65R22.5 tires. Wheels shall YES__NO__ be solid polished aluminum with chrome lug nut covers and chrome center cap. 13.20.4 Rear: 12R22.5 tires. Rear wheels YES__NO__ shall be solid polished aluminum with chrome lug nut covers and chrome center caps. Inside dual wheel shall be aluminum. No exceptions. 13.20.5 Black mud flaps installed front and rear. YES__NO__ 13.21 On-Spot Chains 13.21.1 On-Spot Automatic tire chains shall YES__NO__ be installed on both rear axles. 13.21.2 On-Spot assembly shall be painted black. YES__NO__ 13.21.3 A switch with a red protective cover shall YES__NO__ be installed on the dash in clear view of the driver. 13.22 Electronic Stability Control System 13.22.1 Arvin Meritor/ Wabco ESC System YES__NO__ shall be installed to monitor vehicle stability and automatically intervene to prevent roll over. 14.0 Cab Specifications 14.1 General Cab Requirements 14.1.1 The cab shall be a six (6)-person four YES__NO__ door custom cab. The doors shall have full- length 3/8” stainless steel piano hinges with an automotive type double seal around the perimeter of the door. Doors shall have lockable door handles keyed alike. Three (3) sets of keys shall be supplied. 14.1.2 Door jams shall be wrapped with polished YES__NO__ stainless steel scuff plates mounted on the striker side of the jam. The portion of the scuff plate on the exterior of the door jam shall be 2” wide. 11 14.1.3 The interior of the cab shall be severe duty YES__NO__ interior package or equivalent. Interior surfaces shall be painted aluminum or brushed stainless steel wherever possible. Engine enclosure shall be insulated and covered with metal in areas subject to wear. 14.1.4 Interior door panels shall be brushed YES__NO__ stainless steel or aluminum. No vinyl or plastic shall be allowed on the doors. 14.1.5 Cab shall have a 10” raised roof with YES__NO__ full height doors. 14.1.6 A minimum dimension of 62” between YES__NO__ the back of cab wall and the center-line of the front axle. 14.1.7 Two (2) sliding windows shall be installed YES__NO__ in cab rear wall for ventilation and visibility. 14.1.8 Two (2) West Coast style mirrors with YES__NO__ flat 16” x 6” and 7.5” lower convex mirrors. Mirrors shall be remote control adjustable and heated, with controls on the dash. 14.1.9 Cobb County uses a mobile laptop YES__NO__ computer for computer-aided dispatch. The area in front of the officer shall be open to allow installation of a computer mount. Exact configuration shall be determined at the pre-construction conference. 14.1.10 A compartment with roll up door shall YES__NO__ be provided in place of the seat position behind the driver. Compartment shall be lockable with three shelves and have lighting sufficient to see items on each shelf. Side window shall be deleted in the area of the compartment. 14.1.11 Power operated windows shall be provided YES__NO__ with a master control at the driver position. Windows shall be tinted at 20 %. 12 14.1.12 Rear vision camera shall be installed in a YES__NO__ protected position on the rear of the body. Display shall be located in full view of the driver without obstructing view out of the windshield. Back-up camera shall include audio and have volume control on the display head. 14.2 Instrumentation 14.2.1 Driver instrument panel shall have the YES__NO__ following gauges. tachometer/hour meter speedometer/odometer voltmeter/ammeter transmission temperature fuel gauge engine oil pressure primary air pressure secondary air pressure engine coolant temperature 14.2.2 Driver instrument panel shall have the YES__NO__ following indicator lights. Low system air pressure warning low engine oil pressure high engine coolant temperature air filter restriction high or low voltage parking brake set anti-lock brake warning 14.2.3 A plaque shall be installed in full view YES__NO__ of the driver. The plaque shall indicate the height, length and weight of the vehicle. 14.3 Officer’s Speedometer 14.3.1 Digital speedometer shall be YES__NO__ installed in full view of the officer. 14.4 Map light 14.4.1 A map light shall be installed in the ceiling YES__NO with a clear lens to aid the officer in reading a map book. 13 14.5 Switch panel 14.5.1 Rocker switch panel shall contain YES__NO__ the controls for the warning lights and other controls as needed. 14.5.2 Switches shall be backlit and have red YES__NO__ LED indicator lights. 14.6 Diamond Plate on Roof 14.6.1 Roof shall be covered with NFPA compliant YES__NO__ diamond plate. Diamond plate shield shall be installed to protect air conditioner from being struck by tree limbs etc. 14.7 Cab Heater/Air Conditioning 14.7.1 Manufacturer’s “severe climate” heating YES__NO__ and air conditioning system shall be installed. 14.7.2 System shall have ducts installed to direct YES__NO__ air flow to the floor of the cab to provide to heat to foot area. 14.7.3 A roof mounted condenser with a minimum YES__NO__ to match the capacity of the system. 14.7.4 Bidder shall include the maximum or YES__NO__ enhanced cab insulation package to reduce noise and improve heating and cooling performance. 14.7.5 Three (3) year warranty on compressor YES__NO__ shall be included. 14.8 Crew Seating for five (5) personnel 14.8.1 Cab seating shall be Seats Incorporated YES__NO__ 911 Concept SCBA Seats with integrated seat belts or Bostrom ABTS with SecureAll SCBA brackets. Seat upholstery shall be Durawear fabric. 14.8.2 SCBA Cavity pads shall be provided. YES__NO__ 14.8.3 Seat cushion shall be 17” deep minimum. YES__NO__ 14 14.8.4 Total of four(4) SCBA seats and two (2) YES__NO__ flip-up seats in the cab. 14.8.5 Each seat shall include one (1) set of spare YES__NO__ seatbelts and one (1) spare seat bottom. 14.9 Driver Seat 14.9.1 Driver’s seat shall be a Seats Inc. #911 YES__NO__ Magnum 100 air-ride style seat Bostrom Sierra high back air ride seat with Durawear fabric. 14.9.2 A compartment shall be provided YES__NO__ beneath the driver’s seat for storage. 15.0 I.C.C. Lights 15.1 Headlights 15.1.1 Four (4) rectangular halogen headlights YES__NO__ with separate high and low beams. 15.1.2 Wig-Wag flashing headlights warning YES__NO__ system. 15.2 Clearance, Side Marker and Identification Lights 15.2.1 All required lights shall be Truck-Lite YES__NO__ LED Grommet mount lights. 15.3 Turn Signal Lights 15.3.1 Rear: Whelen 600 Series LED YES__NO__ mounted in Whelen Cast4V housing. Back-up lamp shall be halogen. 15.3.2 Front: Whelen 600 Series LED YES__NO__ arrow shape, amber in color. Mounted in Whelen Cast 1L housing. 15.3.3 Mid-ship turn signal shall be a Whelen YES__NO__ 700 series amber arrow shaped LED. 15.3.4 One clear halogen Whelen corner light shall YES__NO be installed on each side of the cab. Light shall be activated by the turn signal and when in reverse. A manual switch shall be provided for the driver and officer can activate the cornering lights. 15 15.4 Brake Lights 15.4.1 Rear brake lights shall be Red Whelen YES__NO__ 600 Series LED mounted in the housing specified in 15.3.1 16.0 Warning Lights 16.1 Light Bar 16.1.1 Whelen FN72QLED Light Bar with YES__NO__ an additional 4 red LED modules. Two LED modules shall be white LED. Light Bar shall have clear lenses. NO forward or side facing modules shall be blank. 16.2 Lower Zones 16.2.1 Lower zone lights on sides A,B,C,D YES__NO__ shall be Red Whelen 600 Series Super LED with clear lenses. A total of fourteen (14) 600 series light heads shall be installed. Final locations to be determined at pre-construction. 16.3 Upper Zones 16.3.1 Rear Upper Zone shall be covered by YES__NO__ Red Whelen L31HRFN red LED beacon with clear lenses. Forward facing area of beacon shall be shielded to protect the driver from glare in the mirrors. 16.4 Wigwag Headlights 16.4.1 Alternating headlight warning light system YES__NO__ shall be installed. 16.5 Traffic Advisor 16.5.1 Whelen LED TAL852 two piece traffic YES__NO__ Advisor with TACTRL1 Control head mounted within easy reach of the driver. 17.0 Audible Warning 17.1 Electronic Siren 17.1.1 Whelen 295SLSC1 electronic YES__NO__ siren with detachable noise canceling microphone shall be installed in the cab. 16 17.1.2 Whelen SA315P 100-watt speaker shall be YES__NO__ recessed in the front bumper. 17.2 Federal Q2B Siren 17.2.1 One (1) Federal Q2B 200 mechanical siren YES__NO__ mounted on the grill or flush mounted in the bumper. Mounting area shall be reinforced to withstand the weight and vibration. 17.2.2 One (1) foot operated switch shall be YES__NO__ installed on the driver’s side and one (1) foot operated switch shall be installed on the officer’s side. Horn switch on steering wheel shall activate the Q2B siren. Siren brake shall be accessible from the officer and driver position. 17.3 Air horns 17.3.1 Two (2) Grover Stuttertone air horns shall YES__NO__ be installed in the front bumper. Horns shall be operated by foot switches located on the driver and officer’s side of the apparatus with an option for center lanyard activation. 18.0 Ground/Scene Lights 18.1 Ground Lights 18.1.1 Twelve (12) Trucklite model 40 grommet mount YES__NO__ lights one (1) under cab at each door, four (4) under body mid-ship and four (4) under body on the rear corners. 18.1.2 Ground lights shall automatically YES__NO__ activate when parking brake is set. 18.2 Scene Lights 18.2.1 Two (2) Whelen 900 series halogen YES__NO__ 26 degree scene lights shall be installed on the left and right sides of the cab. Scene lights shall be controlled with two (2) rocker switches inside the cab on the drivers and officers side. 17 18.2.2 Two (2) Whelen 900 series halogen 26 YES__NO__ degree scene lights shall be installed on the rear of the vehicle. Scene lights shall be controlled with a rocker switch inside the cab. 19.0 Radio Wiring 19.1 Conduit shall be installed from underneath YES__NO__ the officer’s seat to the pump panel location. This conduit shall be used for customer installed radio equipment. 19.2 Manufacturer shall install customer YES__NO__ supplied radio and Mobile Data Computer antennas and wiring. 19.3 12 volt power controlled by the battery YES__NO__ master switch shall be supplied to compartment under the officer’s seat. 19.4 Constant 12 volt direct from the YES__NO__ battery shall be supplied to dash area in front of officer’s seat for Mobile Data power. 20.0 Apparatus Body Requirements 20.1 Construction Material/Techniques 20.1.1 All body compartments and sides shall YES__NO__ be constructed of 304Lstainless steel with stainless steel sub-frame. 20.2 Fenders/Rub Rails 20.2.1 Fender well shall be constructed with full YES__NO__ circular innnerliners for ease of cleaning. 20.2.2 Rub rails shall be constructed of stainless YES__NO__ steel tube. Rub rail shall be spaced away the body for drainage and shall protrude enough to protect the roll-up door. 20.3 Roll-up Doors 20.3.1 Gore-tite or ROM roll-up doors shall be YES__NO__ installed on all compartments. Doors shall be wet painted to match body color. 18 20.3.2 A removable metal cover shall be YES__NO__ installed in every compartment with roll-up doors. This cover shall be installed in the top of the compartment and cover the rolled up door for protection from sharp objects. 20.3.3 Compartment lighting shall be provided YES__NO__ by LED strip lights installed on each side of the compartment. LED strips shall be warranted for five (5) years and shall exceed the NFPA standard for brightness. 20.4 Left side compartments 20.4.1 Compartment #1 below the turntable YES__NO__ shall be approximately 20”wide x 38” high and 20” deep. 20.4.2 Compartment # 2 above the rear wheel YES__NO__ shall be approximately 42” wide x 20” high and 12” deep. This compartment shall have a lift up door which will be held open by gas springs. 20.4.3 Compartment # 3 above the rear wheel YES__NO__ shall be approximately 58” wide x 20” high and 12” deep. This compartment shall have a lift up door which will be held open by gas springs. 20.4.4 Compartment #4 first behind the rear YES__NO__ wheel shall be approximately 46” wide x 48” high x 27” deep. One (1) 250 lb. slide out tray shall be installed in this compartment. 20.4.5 Compartment #5 second behind the rear YES__NO__ wheel shall be approximately 22” wide x 48” high x 27” deep. One (1) 250 lb. slide out tray shall be installed in this compartment. 20.4.6 Compartment #6 third behind the rear YES__NO__ wheel shall be approximately 35” wide x 41” high x 27” deep. One (1) 250 lb. slide out tray shall be installed in this compartment. 19 20.4.7 Unistrut channel and shelves shall be YES__NO__ provided in left side compartments. Total of seven (7) shelves installed on left side. 20.4.8 Two (2) coffin compartments shall be YES__NO__ installed atop the side compartments. Compartments shall be approximately 20” deep x 20” high and 48” long. Drains with tubing shall be provided to drain moisture below the body. 20.5 Right side compartments 20.5.1 Compartment #1 below the turntable YES__NO__ shall be approximately 40”wide x 40” high and 28” deep. 20.5.2 Compartment # 2 above the rear wheel YES__NO__ shall be approximately 42” wide x 20” high and 26” deep. This compartment shall have a lift up door which will be held open by gas springs. 20.5.3 Compartment # 3 above the rear wheel YES__NO__ shall be approximately 58” wide x 20” high and 26” deep. This compartment shall have a lift up door which will be held open by gas springs. 20.5.4 Compartment #4 first behind the rear YES__NO__ wheel shall be approximately 46” wide x 48” high x 27” deep. One (1) 500 lb. slide out tray shall be installed in this compartment. 20.5.5 Compartment #5 second behind the rear YES__NO__ wheel shall be approximately 46” wide x 48” high x 27” deep. 20.5.6 Compartment #6 third behind the rear YES__NO__ wheel shall be approximately 35” wide x 41” high x 27” deep. One (1) 250 lb. slide out tray shall be installed in this compartment. 20.5.7 Unistrut channel and shelves shall be YES__NO__ provided in right side compartments. Total of ten (10) shelves installed on right side. 20.5.8 Two (2) coffin compartments shall be YES__NO__ installed atop the side compartments. 20 Compartments shall be approximately 20” deep x 20” high and 48” long. Drains with tubing shall be provided to drain moisture below the body. 20.6 Rear compartment 20.6.1 A compartment below the hose bed shall YES__NO__ be provided. 25” wide x 10” high and 90” deep. Drains and lighting shall be provided in this compartment. 20.7 Turtle Tile 20.7.1 Each compartment and shelf shall have YES__NO__ Turtle Tile installed. 20.8 Hose Bed 20.8.1 Rear hose bed shall be configured YES__NO__ to carry a single stack of 5” hose. 20.8.2 Three (3) crosslays shall be provided above YES__NO__ the pump panel. Two crosslays shall have the capacity for 250’ of 1 ¾ “double jacket fire hose and nozzle. One (1) crosslay shall have capacity for 250’ of 2.5” hose and nozzle. 20.9Slide-Master Tray 20.9.1 Two (2) 600 lb. rollout trays shall be YES__NO__ provided. Location shall be in each side rear compartment. 21.1 Backboard compartment 21.1.1 A backboard compartment shall be YES__NO__ provided above the pump panel. The compartment shall hold two plastic backboards and have a door for access from either side of the apparatus. 21.2 SCBA Bottle Storage 21.2.1 Seven (7) SCBA bottle YES__NO__ compartments shall be installed in the fender wells. A stainless steel door with latch shall be provided. Rubber matting shall be installed to protect the air bottle. 21 22.0 Fire Pump 22.1 Pump shall be a Hale QMAX, 2000 YES__NO__ gpm, single stage, mid-ship mounted centrifugal type. 22.2 Fire Research Pump Boss Pressure YES__NO__ Controller. 22.3 Trident compressed air powered, AirPrime YES__NO__ System with five (5) year warranty. 22.4 All plumbing related fittings and waterways YES__NO__ shall be stainless steel pipe Schedule 40, 304 alloy and high pressure hose with stainless steel couplings. Discharge manifolds shall be stainless steel. 22.5 All Victaulic couplings shall be stainless YES__NO__ steel. 22.6 Mechanical self-adjusting shaft seals shall YES__NO__ be installed. 22.7 Hale stainless steel Intake Relief YES__NO__ valve installed. 22.8 Sacrificial anodes shall be installed on each YES__NO__ side of the pump and sacrificial screens shall be installed on all inlets. 22.9 Master pressure gauges shall be 6” No-Shok YES__NO__ 0-400 PSI liquid filled gauges. 22.10 Discharge gauges shall be No- Shok 4” YES__NO__ 0-400 psi. 22.11 All gauges shall be white face with black YES__NO__ numbers. 22.12 Fire Pump Inlets 22.12.1 One (1) 6” diameter standard length YES__NO__ steamer inlet with NST male threads on right side shall be installed and one (1) 22 Harrington, Inc. 6” NST female x 5” Storz adapter, 30 degree elbow with cap and chain. 22.12.2 Electric actuated inlet butterfly valve shall YES__NO__ be installed on the right side steamer inlet. Valve shall be controlled by switches on both right and left pump panels. Manual override shall be provided. 22.12.3 Steamer inlet on left side shall be inset YES__NO__ to allow for adapter use without excessive overhang. 22.12.4 One (1) 3” inlets with 2.5” NST swivel YES__NO__ female and 2.5:” NST male plug shall be provided on the left side pump panel. Valves shall be Elkhart Uni-Body type. 22.12.5 One (1) 3” inlet with 2.5” NST swivel YES__NO__ female and 2.5” NST male plug shall be provided on the right side pump panel. Valves shall be Elkhart Uni-Body type. 22.13 Discharges 22.13.1 All discharge valves shall be Elkhart YES__NO__ Uni-Body type with swing out handle controls. 22.13.2 Discharges 2.5” and larger shall be YES__NO__ equipped with manual drain valves. Outlets of the drain valves shall be extended with hoses to below the chassis frame rails. 22.13.3 Discharges for cross lays, front trash line YES__NO__ shall be equipped with automatic drain valves. 22.13.4 All 2.5’ discharges shall be provided YES__NO__ with a 30 degree downward pointing elbow and a chrome cap and chain. 22.13.5 All discharges shall have a polished YES__NO__ cast trim plate and a cast name tag color coded to meet NFPA requirements. 22.13.6 One (1) 2.5” discharge supplied by 3” YES__NO__ pipe located on the rear of the apparatus. Drains shall be located on the left side pump panel. 23 22.13.7 One (1) 2.5” discharge supplied with 3” YES__NO__ pipe located on the right side pump panel. Drain valve shall be provided at the discharge. 22.13.8 Two (2) 2.5” discharge supplied with 3” YES__NO__ pipe located on the left side pump panel. Drain valve shall be provided at the discharge. 22.13.9 One (1) 3” discharge supplied by a 3” pipe YES__NO__ located on right side pump panel. Valve shall be controlled by a 6” diameter hand wheel located on the left side pump panel or electric valve. Harrington 30 degree elbow with 4” long handle swivel NST x 5” Storz with cap & chain shall be provided. 23.0 Water Tank/Water Level Gauge 23.1 Water Tank 23.1.1 Minimum capacity of 300 U.S. gallons YES__NO__ 23.1.2 UPF Poly-Tank or comparable tank with YES__NO__ lifetime warranty. 23.1.3 Combination manual fill tower and vent. YES__NO__ 23.2 Water Level Gauges 23.2.1 Fire Research Tank Vision LED gauge YES__NO__ located on left side pump panel. 23.2.2 Pressure sensor shall be located in a YES__NO__ location on the tank where the hose does not have to be removed for access. 24.0 Aerial Discharge 24.1 Minimum 2000 GPM flow from platform YES__NO__ from two (2) monitors. 24.2 Four (4) inch Elkhart EB-40 full flow valve YES__NO__ with electric actuator with integral combination digital pressure readout and flow meter. Manual override shall be provided. 24 24.3 Fire Research flowmeter on the waterway YES__NO__ discharge line. 24.4 2.5” gated connection for hand lines YES__NO__ shall be located on the platform. A hose storage box shall be provided in the platform for 50’ of 1.5” hose. 24.5 A deluge spray system shall be provided YES__NO__ beneath the platform and shall be controlled by a valve in the platform. System shall provide 75 GPM in a 25’ diameter water curtain below the platform. 24.6 Two (2) Elkhart Vulcan double hand-wheel YES__NO__ controlled monitors shall be installed in the platform. One (1) Elkhart Select-o-matic SM-1250 fog nozzle with Elkhart 282-A Stream Shaper shall be installed on one side of platform. One (1) Elkhart ST-194 quad stacked deluge tips with Elkhart 282-A Stream Shaper shall be installed on the other side of the platform. 25.0 Aerial Platform Construction 25.1 Aluminum or steel construction five (5) YES__NO__ section NFPA compliant climbing ladder boom with 100’ reach. Minimum capacity of 1000 lbs when not flowing water and 500 lbs when water is flowing. 25.2 Minimum of 19.5 square foot platform with YES__NO__ closed sides and access doors. Stokes basket cradle or arms shall be installed on platform. 25.3 Drain openings shall be provided YES__NO__ in floor to prevent water accumulation. 25.4 Automatic platform leveling. YES__NO__ 25.5 Fire Research two-way intercom between YES__NO__ the pump panel and the platform. 25.6 Minimum 75,000 candlepower spotlight YES__NO__ located in platform. 25.7 Two (2) 900-watt 240 volt Fire Research YES__NO__ HIR Optimum floodlight with adjustable light heads shall be installed in the platform. 25 25.8 One (1) 1500 watt 240 volt Fire Research YES__NO__ Optimum floodlight shall be installed under the platform or in a manner that illuminates downward. 25.9 110 volt AC circuit shall be supplied YES__NO__ to the aerial platform with junction box. 25.10 An NFPA compliant-climbing ladder YES__NO__ with high handrails shall be provided for access to platform and egress. 25.11 Stokes basket storage shall be installed YES__NO__ on the ladder boom in a fully enclosed aluminum or stainless steel box. Outside of box shall serve as the boom sign. 26.0 Outriggers/Jacks 26.1 Outriggers and polyethylene ground pads YES__NO__ shall be provided to safely operate the proposed aerial platform. One (1) spare set of ground pads shall be shipped loose. 26.2 Operator controls for the setup of YES__NO__ outriggers and/or jacks shall be centrally located for ease of setup. 27.0 Breathing Air System 27.1 Breathing air to the platform shall be YES__NO__ provided with regulator. One (1) 4500 ASME cylinder shall be installed in an easily accessible location to supply breathing air to two (2) outlets in the platform. 27.2 Low breathing air alarm system shall be YES__NO__ installed with warning lights and gauges located at the operator’s position and in the platform. 28.0 A.C. Electrical System 28.1 Generator 28.1.1 Harrison or Smartpower 10 KW hydraulic YES__NO__ generator driven from truck transmission 26 by a Chelsea Hotshift PTO activated by a switch on the dash. 28.1.2 Circuit breaker box located in left front YES__NO__ compartment .Two (2) duplex weatherproof receptacles, one (1) on left side of apparatus, one (1) on right side of apparatus with 20 amp breakers controlling each receptacle. Plugs shall be 3-prong twist lock NEMA L5-20. 28.1.3 One (1) duplex weatherproof receptacle YES__NO__ shall be installed in the aerial platform. Plugs shall be 3-prong twist lock NEMA L5-20. 28.2 Scene Lighting 28.2.1 Four (4) 900-watt 240 volt Fire Research YES__NO__ HIR Optimum light heads shall be installed on the body. Exact location shall be determined at the pre-construction conference. 28.2.1 Whelen PFP2 LED 12 volt brow light YES__NO__ with switch in cab within easy reach for driver control. 29.0 Ground Ladders 29.1 Duo-Safety Ladders YES__NO__ 29.1.1 One (1) 10’ folding ladder YES__NO__ 29.1.2 One (1) 14’ combination ladder YES__NO__ 29.1.3 One (1) 24’ extension ladder YES__NO__ 29.1.4 One (1) 35’ two section extension ladder YES__NO__ 29.1.5 One (1) 18’ roof ladder in body YES__NO__ 29.1.6 One (10 20’ roof ladder on boom YES__NO__ 30.0 Graphics 30.1 White Scotchlite striping in 1”-6”-1” YES__NO__ pattern installed around perimeter of vehicle including cab. 30.2 Sides and rear of platform shall be covered YES__NO__ in 3M Diamond Grade 6” red and fluorescent yellow in an inverted V pattern. Vehicle number shall be shown on rear of platform. 27 30.3 Rear of body shall be covered with YES__NO__ 3M Diamond Grade 6” red and fluorescent yellow in an inverted V pattern. 30.4 Front bumper shall be covered with 4” YES__NO__ 3M Diamond Grade striping in an inverted V pattern. 30.5 3M Diamond Grade striping shall be YES__NO__ covered with #1160 Protective Overlay Film. Edges will be sealed by clear edge seal # 880i. NO EXCEPTIONS 30.6 Bidder shall include $ 1,500.00 in the bid YES__NO__ for the cost of the graphics excluding striping specified above. Chandler Graphics in Canton, GA will be responsible for the installation of the graphics. The successful bidder will be responsible for paying Chandler Graphics for the cost of the graphics. Any unused portion of the graphics fund shall be deducted from the final invoice due the successful bidder. 31.0 Miscellaneous Equipment 31.1 Four (4) Survivor LED flashlights, YES__NO__ rechargeable with 12 volt charger shall be installed in the cab. Exact location to be determined at pre-construction conference. 31.2 Two (2) Streamlight Fire Vulcan LED YES__NO__ flashlights with 12 volt charger shall be installed. Exact location to be determined at pre-construction conference. 31.3 SuperVac 30” 730G4-H fan shall be YES__NO__ provided and installed in a roll out tray. 28 Cobb County General Instructions For Bidders, Terms and Conditions I. Preparation Of Bids Each bidder shall examine the drawings, specifications, schedule and all instructions. Failure to do so will be at the bidder’s risk, as the bidder will be held accountable for their bid response. Unit price for each quotation shall be shown and such price shall include packing unless otherwise specified, along with a total and grand total where applicable. In case of discrepancy between a unit price and extended price, the unit price will be presumed correct. Each bidder shall furnish all information required by the bid form or document. Each bidder shall sign the bid and print or type his or her name on the schedule. The person signing the bid must initial erasures or other changes. An authorized agent of the company must sign bids. Invitations to Bid (ITB) issued by Cobb County are advertised on the Cobb County Internet site, www.purchasing.cobbcountyga.gov and every Friday in the Marietta Daily Journal. II. Delivery Each bidder should state the time of proposed delivery of goods or services. Words such as “immediate”, “as soon as possible”, etc. shall not be used. The known earliest date or the minimum number of calendar days required after receipt of order (delivery A.R.O.) shall be stated (if calendar days are used, include Saturday, Sunday and holidays in the number). III. Explanation to Bidders Any explanation desired by a bidder regarding the meaning or interpretation of the invitation for bids, drawings, specifications, etc. must be received in writing by 5:00 pm on February 28, 2012 in order for a reply to reach all bidders before the close of the bid. Any information concerning an Invitation to Bid (ITB) will be furnished to all prospective bidders as an addendum if such information is necessary or if the lack of such information would be prejudicial to uninformed bidders. Submit questions in writing to: Cobb County Purchasing Department 1772 County Services Parkway Marietta, GA 30008 Fax: 770-528-1154 Email: purchasing@cobbcounty.org 29 The written bid documents supersede any verbal or written communication between parties. Addenda are posted on the Purchasing web site: www.purchasing.cobbcountyga.gov. Receipt of addenda should be acknowledged in the bid. It is the bidder’s ultimate responsibility to ensure that they have all applicable addenda prior to bid submittal. IV. Submission of Bids Bids shall be enclosed in sealed envelopes, addressed to the Cobb County Purchasing Department with the name of the bidder, the date and hour of opening and the invitation to bid number on the face of the envelope. Bids must be received in the Purchasing Department no later than the date and time (determined by the date/time stamp in the department) set forth in the Invitation to Bid. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Department. Telegraphic/faxed bids will not be considered. Any addenda should be enclosed in the sealed envelopes as well. All bids shall be submitted on the Bid Proposal Form. Any revisions made on the outside of the envelope will not be accepted. The bids will be publicly opened and read at the time and place set forth in the Invitation to Bid. Samples of items, when required, must be submitted within the time specified and, unless otherwise specified by the County, at no expense to the County. Unless otherwise specified, samples will be returned at the bidder’s request and expense if items are not destroyed by testing. Items offered must meet required specifications and must be of a quality, which will adequately serve the use and purpose for which intended. Full identification of each item bid upon, including brand name, model, catalog number, etc. must be furnished to identify exactly what the bidder is offering. The bidder must certify that items to be furnished are new and that the quality has not deteriorated so as to impair its usefulness. If no items are bid on, the “Statement of No Bid” must be returned, with the envelope plainly marked “No Bid” including the bid number. Where more than one item is listed, any items not bid upon must be indicated “No Bid”. Unsigned bids will not be considered except in cases where bid is enclosed with other documents, which have been signed. The County will determine this. Cobb County is exempt from federal excise tax and Georgia sales tax with regards to goods and services purchased directly by Cobb County. Suppliers and contractors are responsible for federal excise tax and sales tax, including any taxes for materials incorporated in county construction projects. Suppliers and contractors should contact the State of Georgia Sales Tax Division for additional information. Tax Exemption Certificates will be furnished upon request. Information submitted by a bidder in the bidding process shall be subject to disclosure after the public opening in accordance with the Georgia Open Records 30 Act. Each page of proprietary information must be identified. Entire bid may not be deemed proprietary. V. Withdraw Bid Due To Errors The bidder shall give notice in writing of his claim of right to withdraw his bid without penalty due to an error within two (2) business days (48 hours) after the conclusion of the bid opening. Bids may be withdrawn from consideration if the price was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the bid, which unintentional arithmetic or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn. The bidder’s original work papers shall be the sole acceptable evidence of error and mistake if he elects to withdraw his bid. If a bid is withdrawn under the authority of this provision, the lowest remaining responsive bid shall be deemed to be low bid. Bid withdrawal is not automatically granted and will be allowed solely at the discretion of Cobb County. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted. VI. Testing and Inspection Since tests may require several days for completion, the County reserves the right to use a portion of any supplies before the results of tests are determined. Cost of inspections and tests of any item, which fails to meet specifications, shall be borne by the bidder. VII. F.O.B. Point Unless otherwise stated in the Invitation to Bid and any resulting contract, or unless qualified by the bidder, items shall be shipped F.O.B. Destination. The seller shall retain title for the risk of transportation, including the filing for loss or damages. The invoice covering the items is not payable until items are delivered and the contract of carriage has been completed. Unless the F.O.B. clause states otherwise, the seller assumes transportation and related charges either by payment or allowance. 31 VIII. Patent Indemnity The contractor guarantees to hold the County, its agents, officers, or employees harmless from liability of any nature or kind for use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used in the performance of contract, for which the contractor is not the patentee, assignee or licensee. IX. Award Award will be made to the lowest responsive and responsible bidder. Conditional bids are not be acceptable. The quality of articles to be supplied, their conformity with the specifications, their suitability to the requirements of the County, and the delivery terms will be taken into consideration in making the award. The County may make such investigations as it deems necessary to determine the ability of the bidder to perform, and the bidder shall furnish to the County all such information and data for this purpose as the County may request. The County reserves the right to reject any bid if the evidence submitted by, or investigation of such bidder fails to satisfy the County that such bidder is properly qualified to carry out the obligations of the contract. The County reserves the right to reject or accept any or all bids and to waive technicalities, informalities, and minor irregularities in bids received. The Bidder does not have the exclusive right to fill all of the County’s requirements for the goods or services awarded nor will the County be obligated to purchase the estimated annual quantity or any quantity contained in the bid document. The County reserves the right to make an award as deemed in its best interest, which may include awarding a bid to a single bidder or multiple bidders; or to award the whole bid, only part of the bid, or none of the bid to single or multiple bidders, based on its sole discretion of its best interest. In case of tie bid, the award will be made as follows: 1. The bid will be awarded to the in-county vendor. 2. The bid will be awarded to the in-state vendor. 3. The bid will be awarded to the vendor with the lesser total dollar volume. The County reserves the right to award by line item to more than one vendor. The County reserves the right to negotiate a lower price than the bid award price on any line item with the successful vendor, should the quantity required significantly exceed those on the Invitation to Bid. If the County is unable to negotiate an acceptable price, it reserves the right to rebid the item(s) involved. If after the award of the bid there is a decrease in the price of a product from the manufacturer, or a rebate, the successful bidder will pass that price decrease and/or rebate onto the County. 32 Time payment discounts will be considered in arriving at net prices and in award of bids. Offers of discount for payment within ten (10) days following the end of the month are preferred. X. Delivery Failures Failure of a contractor to deliver within the time specified or within reasonable time as interpreted by the Purchasing Director, or failure to make replacement of rejected articles/services when so requested, immediately or as directed by the Purchasing Director, shall constitute authority for the Purchasing Director to purchase in the open market articles/services of comparable grade to replace the articles/services rejected or not delivered. On all such purchases, the contractor shall reimburse the County within a reasonable time specified by the Purchasing Director for any expense incurred in excess of contract prices, or the County shall have the right to deduct such amount from monies owed the defaulting contractor. Alternatively, the County may penalize the contractor one percent (1%) per day for a period of up to ten (10) days for each day that delivery or replacement is late. Should public necessity demand it, the County reserves the right to use or consume articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the Purchasing Director. XI. County Furnished Property No material, labor or facilities will be furnished by the County unless so provided in the invitation to bid. XII. Rejection of Bids Failure to observe any of the instructions or conditions in this invitation to bid may constitute grounds for rejection of bid. XIII. Contract Each bid is received with the understanding that the acceptance in writing by the County of the offer to furnish any or all commodities or services described therein shall constitute a contract between the bidder and the County which shall bind the bidder on his part to furnish and deliver the articles quoted at the prices stated in accordance with the conditions of said accepted bid. The County, on its part, may order from such contractor, except for cause beyond reasonable control, and to pay for, at the agreed prices, all articles specified and delivered. Payment terms are net thirty (30) days after receipt of invoice. The Price and all unit prices shown shall be deemed to include all costs of Contractor’s performance of the Work as set forth in the Bid Documents, including, but not limited to, the costs of labor, supervision, travel, services, materials, equipment, tools, scaffolds, hoisting, transportation, storage, insurance and taxes. 33 Upon receipt of a bid package, containing a Cobb County “Sample Contract” as part of the requirements, it is understood that the bidder has reviewed the documents with the understanding that Cobb County requires all agreements between the parties must be entered into via this document. If any exceptions are taken to any part, each must be stated in detail and submitted as part of the bid. If no exceptions are stated, it is assumed that the bidder fully agrees to the provisions contained in the “Sample Contract” in its entirety. The County reserves the right to make alterations to Sample Contracts. XIV. Non-Collusion By submission of a bid, the vendor certifies, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the proposal have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or to any competitor. (c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition. Collusions and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department. XV. Conflict of Interest, Etc. By submission of a bid, the responding firm certifies, under penalty of perjury, that to the best of its knowledge and belief: 1. No circumstances exist which cause a Conflict of Interest in performing the services required by this ITB, and 2. That no employee of the County, nor any member thereof, not any public agency or official affected by this ITB, has any pecuniary interest in the business of the responding firm or his sub-consultant(s) has any interest that would conflict in any manner or degree with the performance related to this ITB. By submission of a bid, the vendor certifies under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the bid have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless other wise required by law, the prices which have been quoted in the bid have not knowingly been disclosed by the vendor 34 prior to opening, directly or indirectly, to any other vendor or competitor. (c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or cooperation to submit or not to submit a bid for the purpose of restricting competition. For any breach or violation of this provision, the County shall have the right to terminate any related contract or agreement without liability and at its discretion to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift, payment or consideration. The successful responding firm shall require each of its sub-consultant(s) to sign a statement certifying to and agreeing to comply with the terms of the Sub-sections above. XVI. Default The contract may be cancelled or annulled by the Purchasing Director in whole or in part by written notice of default to the contractor upon non-performance or violation of contract terms. An award may be made to the next low responsive and responsible bidder, or articles specified may be purchased on the open market similar to those so terminated. In either event, the defaulting contractor (or his surety) shall be liable to the County for costs to the County in excess of the defaulted contract prices; provided, however, that the contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause. Failure of the contractor to deliver materials or services within the time stipulated on his bid, unless extending in writing by the Purchasing Director, shall constitute contract default. XVII. Disputes Except as otherwise provided in the contract documents, any dispute concerning a question of fact arising under the contract which is not disposed of shall be decided after a hearing by the Purchasing Director, who shall reduce his/her decision to writing and mail or otherwise furnish a copy thereof to the contractor. The decision of the Purchasing Director shall be final and binding; however, the contractor shall have the right to appeal said decision to a court of competent jurisdiction. XVIII. Substitutions Bidders offering and quoting on substitutions or who are deviating from the attached specifications shall list such deviations on a separate sheet to be submitted with their bid. The absence of such a substitution list shall indicate that the bidder has taken no exception to the specifications contained herein. 35 XIX. Ineligible Bidders The County may choose not to accept the bid of a bidder who is in default on the payment of taxes, licenses, or other monies due to the County. Failure to respond three (3) consecutive times for any given commodity/service may result in removal from the supplier list under that commodity/service. XX. Alterations of Documents Alterations of County documents are strictly prohibited and will result in automatic disqualification of the firm’s solicitation response. If there are “exceptions” or comments to any of the solicitation requirements or other language, then the firm may make notes to those areas, but may not materially alter any document language. XXI. Termination for Convenience The County, by written notice, may terminate this contract, in whole or in part, when it is in the County’s interest. If this contract is terminated, the County shall be liable only for goods or services delivered or accepted. The County Notice of Termination may provide the contractor thirty (30) days prior notice before it becomes effective. However, at the County’s sole option a termination of convenience may be effective immediately and may apply to delivery orders (if applicable) or to the contract in whole. XXII. Inter-governmental Agreement Other cities and Authorities located in Cobb County will be allowed to purchase identical items at the same price and upon the same terms and conditions, pursuant to the Intergovernmental Cooperative Purchasing Agreements entered into between the BOC and Cobb County Governmental entities listed under the Intergovernmental Cooperative Purchasing Program. These entities include the Cobb County Board of Education and Cities of Acworth, Austell, Kennesaw, Smyrna, Marietta, and Powder Springs and the Cobb County-Marietta Water Authority and the Cobb-Marietta Coliseum and Exhibit Hall Authority. XXIII. Indemnification and Hold Harmless By submission of a bid, the selected responding firm agrees to the fullest extent permitted by law to indemnify Cobb County and protect, defend, indemnify and hold harmless Cobb County, its officers, officials, employees and volunteers from and against all claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual or alleged a) bodily injury, sickness, disease, or death; or injury to or destruction of tangible property including the loss of use resulting there from; or any other damage or loss arising out of or resulting claims resulting in whole or part from any actual or alleged act or omission of the responding firm, sub-consultant, anyone directly or indirectly employed by any 36 firm or sub-consultant; or anyone for whose acts any of them may be liable in the performance of work; b) violation of any law, statute, ordinance, governmental administrative order, rule, regulation, or infringements of patent rights or other intellectual property rights by the responding firm in the performance of work; or c) liens, claims or actions made by the responding firm or other party performing the work, as approved by Cobb County. The indemnification obligations herein shall not be limited by any limitation on the amount, type of damages, compensation, or benefits payable by or for the responding firm or its sub- consultant(s), as approved by the County, under workers' compensation acts, disability benefit acts, other employee benefit acts, or any statutory bar or insurance. XXIV. Special Terms and Conditions Should these General Terms and Conditions be in conflict with any attached Special Terms and Conditions, the Special Terms and Conditions will control. XXV. Compliance with Georgia Security and Immigration Compliance Act CONTRACTOR AFFIDAVIT & AGREEMENT (EXHIBIT A) Not Applicable 37 XXVI. Disadvantaged Business Enterprises (DBE): The following provisions should be carefully read to determine applicability to your business. Cobb County Government encourages the participation of all businesses in offering their services and/or products. The Cobb County Government has the goal to fairly and competitively procure the best product at the most reasonable cost. A Disadvantaged Business Enterprise (DBE) is generally defined as a Female, Black American, Hispanic American and any other minority owned business. The Federal Government has long had program in place to ensure participation of DBE vendors and suppliers. The State of Georgia has established a similar program whereby DBE firms are defined, certified and made known. This effort is managed by the Georgia Department of Transportation (GDOT). More information can be obtained from GDOT web site: 1. http://www.dot.state.ga.us/eeo-div/index.shtml The Cobb County Government addresses DBE business participation (frequency and dollar value) in the following ways: 1. Cobb County wishes to identify all DBE participation; both at the contractor and sub-contractor levels in the following ways. a. DBE businesses are requested to identify such status at the time they register as a vendor. b. DBE businesses are requested to identify themselves at the time they propose to do business. Please complete EXHIBIT B if applicable and return with bid submittal. c. All businesses will receive with each Purchase Order an instruction sheet for use of the furnished Cobb County Government DBE Participation Report, EXHIBIT C. Businesses are requested to complete this report and submit it with each invoice for the time period billed. 2. Cobb County has established a Disadvantaged Business Enterprise Plan in accordance with the regulations of the U.S. Department of Transportation (U. S. Department of Transportation (USDOT), 49 CFR Part 26.) The Cobb County Department of Transportation is the lead agency for implementing the USDOT DBE Program for the County. The Plan applies only to projects which are clearly indicated by the County. 38 EXHIBIT B DISADVANTAGED BUSINESS ENTERPRISE (DBE) IDENTIFICATION FORM A Disadvantaged Business Enterprise (DBE) is generally defined as a Female, Black American, Hispanic American and any other minority owned business. If your firm is classified as a Disadvantaged Business Enterprise (DBE), please complete this form and submit with bid response or send to: Cobb County Purchasing Department Attn: Purchasing Director 1772 County Services Parkway Marietta, GA 30008 Fax: 770-528-1154 Email: purchasing@cobbcounty.org Name of Business: ___________________________________________ Address: ___________________________________________ ____________________________________________ ____________________________________________ Telephone: _______________________ Fax: ________________________ Email: ________________________ Certification Number: _____________________________ Name of Organization Certification _____________________________ This information is acquired for informational purposes only and will have no bearing on the award unless otherwise stated 39 Instructions for Completing Exhibit C Disadvantaged Business Enterprise (DBE) Participation Report The objective of this request is to assist in the identification of Disadvantaged Business Enterprise (DBE) business participation with the Cobb County Government and to quantify that participation. The Cobb County Government does not administer a DBE Certification Program. The principle certification agency for the State of Georgia is the Georgia Department of Transportation. As a Contractor/Vendor you are not responsible for verification of any DBE Certification information of your subcontractor. *** Instructions *** 1. Contractor/Vendor is furnished the one-page DBE Monthly Participation Report with each Cobb County Government-issued Purchase Order. 2. Contractor/Vendor completes this report for each billing period and attaches it to the invoice to then be sent to the County department/agency receiving the service or product. 3. Upon receipt of a Contractor/Vendor invoice and DBE report, the County department/agency receiving the service or product should keep a copy of the completed DBE report for their reporting process. In order to add or verify the prime contractor is registered as a DBE vendor in AMS, the County department/agency should send a copy of the DBE report to: Cobb County Purchasing Division Attn.: DBE Report All Cobb County Government contractors or vendors are requested to complete a report descriptive of any DBE subcontractor involvement in work for which the government is making payment. If otherwise specified in an RFP/ITB or contract, additional reporting forms may be required as well. A Disadvantaged Business Enterprise (DBE) is a firm that is under the control of someone in an ownership position (at least 51%) that: 1. Has membership in one or more of the following groups: Female, Black American, Hispanic American, Native American, Subcontinent Asian American and Asian-Pacific America. There may be other groups that may be eligible to be certified as DBE. 2. Is a U.S. citizen or lawfully admitted permanent resident of the U.S. 3. Has a personal net worth which does not exceed $750,000. 4. The business meets the Small Business Administration’s size standard for a small business. Its annual gross receipts for the three previous fiscal years cannot have exceeded $22,410,000. Depending on the type of work the business performs, other size standards may apply. 5. The business is organized as a for-profit business. 6. The business may also be DBE eligible as a certified U.S. Small Business Administration 8 (a) program. 40 Exhibit C Cobb County Government Disadvantaged Business Enterprise Participation Monthly Report Contractor/Vendor: Please keep this blank report to make copies as needed. Print or type in the report, then send the completed report to the County department/agency receiving the service or product. County Departments: Keep a copy of this completed report and use the dollar figures to input into your quarterly DBE report to the DBE Liaison (Records Management Division). If you already have a similar reporting method of gathering the dollar figures continue to use it. Send a copy of this completed report to the Purchasing Division (Attn: DBE Report) to add or verify the prime contractor is registered as a DBE vendor in AMS. Submitted by: ____________________________ Month Invoiced: ____________________________ Name of Prime Contractor/Vendor From/To: Cobb County Project Name: ______________________ Bid or P.O. Number: _____________________ Cobb County Department or Agency receiving service or product: ________________________________ Description of Purchased Service/Product: ___________________________________________________ ______________________________________________________________________________________ Full Contracted Amount: $______________ Payment amount requested at this time: $_______________ 1. Are YOU, the Prime Contractor a DBE business? YES _____ NO _____ 2. Are YOUR subcontractors DBE vendors? YES ______ NO_____ Please provide information below for each participating DBE subcontractor(s). Submitted by: __________________________________ Printed Name Title or position: ________________________________ Signature of Authorized Representative Date Completed: ________________________________ DBE Subcontractor Business Name Type Service or Product Supplied DBE Subcontractor Business/Contact Tel. Number Actual Dollar Value of DBE Subcontractor Participation this Reporting Month $ $ $ $ $ $ 41 Price Sheet Purchase of two (2 )Mid-Mount 100 Feet Aerial Platforms Cobb County Fire & Emergency Services Sealed Bid #12-5646 Furnish two (2) Custom Chassis Mid Mount 100’ Platform per the minimum specifications. Each $________________________________________ Total Cost $ _______________________________________ Bid prices shall remain firm for one calendar year from the date of the initial bid. Cobb County desires to keep the bid in effect for an additional three years from the initial date of the bid opening. Please provide pricing increase for the additional years. Percentage increase for optional first renewal year._______________________________________________________________ Percentage increase for optional second renewal year._______________________________________________________________ Percentage increase for optional third renewal year._______________________________________________________________ Termination for cause: The County may terminate this price agreement for cause upon ten (1) days prior written notice to the supplier of the apparatus of the supplier’s default in the performance of any terms of this agreement. Termination for convenience: The County may terminate this price agreement for its convenience at anytime by written notice to the supplier of the apparatus. In the event of the County’s termination of this agreement for convenience, the supplier will be paid for those items actually ordered and/or received by Cobb County. Company Name: _________________________________________________________ Cobb County, Georgia Purchasing Department 1772 County Services Parkway Marietta, GA 30008-4012 Phone: 770-528-8400 Fax: 770-528-8428 Email: purchasing@cobbeounty.org Vendor: 00190203 COBB COUNTY GOVERNMENT PURCHASE ORDER RDIJ, Confirmation: NO Dept. Contact: Lt Dan Dupree 770-528-8000 SUTPHEN CORPORATION 7000 COLUMBUS-MARYSVILLE RD PO BOX 158 AMLIN OH 43002 Contact: JEFFREY WILLIAMS Phone: 614-889-1005 Fax: Delivery Date: 12/01/12 Email Ship To: FIR Fire Department 1595 County Services Parkway PO NUMBER: 1000 021069 1 ABOVE PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES, BILLS OF LADING, PACKAGES AND CORRESPONDENCE. DATE: 04/13/12 PAGE: 1 PROC. FOLDER: 809495 CONTRACT: BUYER: Daphne Bailey P.O. TOTAL $2,191,642.08 FOB Dest, Freight Prepaid Marietta GA 30008 770-528-8000 LINE QUANTITY UNIT UNIT COST CONTRACT AMOUNT NO. DESCRIPTION TOTAL, COST REQUISITION NUMBER ACCOUNTINGLINE ACCOUNTING LINE AMOUNT 1 2.00 EA 1,095,821.0400 0.00 2,191,642.08 100' Ladder trucks Per Sealed Bid Specifications # 12-5646. 2012 SPLOST Project Agenda Item 4/10/12 Purchase Order emailed to Jeffiey Williams atjeffatwfa@yahoo.com 0410023348 345 :'.130. `E102 ; E102',. 8610 ********** TOTAL: $2,191,642.08 MAIL ALL INVOICES T0: COBB COUNTY FINANCE DEPARTMENT ACCOUNTS PAYABLE DIVISION 100 CIIEROKEE STREET, SUITE 410 MARIETTA, GEORGIA 30090-9610 COBB COUNTY, GEORGIA IS EXEMPT FROM GEORGIA SALES TAX AND FEDERAL 0 2M CCP X ( 2 v 10/22003) 6000800.) 1� r' THIS ORDER IS SUBJECT'r0'rHE INSTRUCTIONS, TERMS, AND CONDITIONS ATTACHED HERETO AND MAAD99E A PART IIER130F: VENDOR COPY FOR OFFICIAL ORDER AUTHO IZED PURCHASING AGENT SIU°NAT'RE "INSTRUCTIONS, TERMS, AND CONDITIONS" This Purchase Order form and the Cobb County Purchasing Department's written or oral solicitation with addenda, and contractor's/vendor's bid, proposal, or quote constitute a contract between Cobb County and the contractor/vendor. 2. The contractor/vendor is required to deliver the commodities, quantities, andlor services exactly and in strict accordance with this Purchase Order. Substitutions of commodities and over - shipment of quantities ordered are strictly prohibited. If, for any reason, the vendor is unable to comply or supply in strict compliance with the order, the Purchasing Department must be notified immediately. Our telephone number is 770-528- 8400, FAX 770-528-8428. 4. The Purchasing Department is the only authority for transactions under this order. The vendor is cautioned not to accept contrary instructions or conditions from any source other than the Purchasing Department, Buyer, or his/her supervisor. Should the vendor receive, from any other source, contrary instructions or conditions, the Purchasing Department should be immediately notified. 5. Vendor's invoices must describe the article andlor services exactly as shown on this order. The order number must appear on invoices and delivery tickets related to this order. 6. Prices shown on this order include all delivery costs to the delivery point shown on the order. 7. Invoices are not paid until items on this Purchase Order have been received, checked, and approved. Partial payments may be made. 8. The County is exempt from Georgia State Tax and Federal Excise Tax (958-6000804). Exemption certf cates will be issued upon request. 9. The vendor agrees to,furnish Cobb County, Georgia with a Material Safety Data Sheet (MSDS) on or before delivery for each hazardous chemical or substance purchased. Appropriate labels and Material Safety Data Sheets shall be provided for all shipments. 10. The vendor or contractor hereby guarantees Cobb County, Georgia that all material, supplies, services and equipment as listed on this purchase order meet the requirements, specifications and standards provided under the Federal Occupational Safety and Health Act of 1970, as amended and in force on the date hereof 11. The payment terms of this purchase agreement shall be NET 30 days from receipt of invoice in the Cobb County Finance Department. Cobb County Purchasing Department 1 U.S.A. MANUFACTURER Sutphen’s Manufacturing plants are in the Columbus, Ohio area and we are family owned and operated and have been since 1890. MANUFACTURER'S EXPERIENCE Sutphen Corporation has been family owned and operated since 1890 and we have been building MidShip Aerial platforms since the early 1960’s. We were the very first aerial platform manufacturer in the world. ELIMINATION OF DIVIDED RESPONSIBILITY We manufacture the entire vehicle in our facilities. None of the apparatus is built out side of our facility including the aerial device. Many manufacturers purchase the aerial device and mount it on their chassis. There will be divided warranty on any vehicle of this type. Not a Sutphen!! FAMA COMPLIANCE Sutphen is a member of FAMA Cobb County Purchasing Department 2 PRICING OF FUTURE PURCHASES AND “TAG ON” ORDERS Apparatus purchased in future years beyond the bid award date are subject to cost increases for material and labor. Sutphen will extend the proposed price for future years through the use of the U.S. Bureau of Labor Statistics, Producer Price Index (PPI) to calculate the selling price increase. Series ID - PCU3361203361203 Industry - Heavy Duty Truck Manufacturing Product - Buses, Including military and firefighting vehicles The price adjustment will not exceed the percentage adjustment of the PPI at the time of the bid opening date to the most current month for which the statistic is available. The original quoted price will be the base price. Note: 2010 model year engine and cooling package changes will be an exception to the above statement. Any new apparatus purchased requiring the newer engines will be subject to the cost associated with engine and cooling package and all other related chassis components. www.bls.gov FUTURE PURCHASES AND “TAG ON” ORDERS Sutphen Corporation will accept “tag on” orders to this bid proposal for a period not to exceed three (3) years from the bid opening date. Sutphen will honor the “tag on” order from any municipality within the United States or Canad a. CONFIGURATION OF TAG ON ORDERS In many cases the entity wishing to “tag on” to an existing order may require their apparatus to be configured differently from the original proposed apparatus. Sutphen will allow changes to the configuration within good engineering guidelines. The changes will be subject to current pricing in effect at the time of order. For example, a different engine may be required. This will be considered a “change order” and the purchase price will be adjusted up or down depending on the current option price. PROPOSAL DRAWING A general layout drawing depicting the apparatus layout and appearance will be provided with the bid. The drawing will consist of left side, right side, frontal and rear elevation views. Apparatus equipped with a fire pump, will have a general layout view of the pump operators panel scaled the same as the elevation views. The drawing will be a depiction of the actual apparatus proposed and not of a generic similar product. Cobb County Purchasing Department 3 APPROVAL DRAWING After the award of bid and pre-construction conference, a detailed layout drawing depicting the apparatus layout and appearance including any changes agreed upon will be provided for customer review and signature. The drawing will become part of the contract documents. The drawing will consist of left side, right side, frontal and rear elevation views. Apparatus equipped with a fire pump, will have a general layout view of the pump operators panel scaled the same as the elevation views. PRE-CONSTRUCTION CONFERENCE After award of the contract, and prior to construction of the apparatus, a pre-construction conference will be held at the facility of the manufacturer. All travel cost as specified by Cobb County for the preconstruction conference are included in the bid price. INSPECTION TRIPS As specified by customer, $2,000 has been added to the bid price for final inspection travel. With travel expenses rapidly increasing we feel this amount will not be sufficient to cover all needed travel. This can be discussed or any overages can be invoiced or taken from Contingency Fund. CHASSIS The chassis will be manufactured in the factory of the bidder. The chassis will be designed and manufactured for heavy duty service with adequate strength and capacity of all components for the intended load to be sustained and the type of service require d. ALUMINUM CAB The cab will be a full tilt 6-person 10" rear raised roof cab designed specifically for the fire service and manufactured by the chassis builder. Cab will be built entirely by the apparatus manufacturer within the same facilities (no exceptions). Rear of the cab will be slanted forward at the top rear for mid -ship aerial use. The outside of the rear cab wall will be aluminum diamond plate. CAB DESIGN The cab will be designed specifically for the fire service and manufactured by the chassis builder. The apparatus chassis will be of an engine forward, fully enclosed tilt cab design. There Cobb County Purchasing Department 4 will be four (4) side entry doors. The cab will be of a fully open design with no divider wall or window separating the front and rear cab sections. Construction of the cab will consist of high strength 5052H32 aluminum welded to extruded aluminum framing of 6061-T6 material. The cab roof will utilize extruded, radiused outer corner rails with integral drip channel and box tubing type cross brace supports. The cab sides will be constructed from extruded door pillars and posts that provide a finished door opening, extruded and formed wheel well openings supports, formed aluminum wheel well liners and box tubing type support braces. The cab floor and rear cab wall will utilize box tubing type framing and support bracing. The framework will be of a welded construction that fully unitizes the structural frame of the cab. The structural extrusion framework will be overlaid with interlocked aluminum alloy sheet metal panels to form the exterior skin of the cab. The structural extrusion framework will support and distribute the forces and stresses imposed by the chassis and cab loads and will not rely on the sheet metal skin for any structural integrity. CAB SUB-FRAME The cab will be mounted to a steel box tube sub -frame, and will be isolated from the chassis, through the use of no less than six (6) elastomeric bushings. The sub frame will be painted to match the primary chassis color. The sub-frame will be mounted to the chassis through the use of lubricated Kaiser bushing for the front pivot point, and two (2) hydraulically activated cab latches, to secure the rear. CAB TILT SYSTEM An electrically powered hydraulic cab tilt system will be provided, and will lift the cab to an angle of 45 degrees, exposing the engine and accessories for service. The system will be interlocked to only operate when the parking brake is set. The lift system will be comprised of two (2) hydraulic lift cylinders, an electrically driven hydraulic pump, and a control switch. A mechanical locking system will be provided to Cobb County Purchasing Department 5 ensure the cab remains in the raised position in the event of a hydraulic failure. The cab tilt controls will be interlocked to the parking brake to ensure the cab will not move, unless the parking brake is set. The hydraulic lift cylinders will be connected to a steel cab sub -frame, and not directly to the cab. REQUIREMENT MET CAB DIMENSIONS The cab will be designed to satisfy the following minimum width and length dimensions: Cab Width (excluding mirrors) 98" Cab Length (from C/L of front axle) To front of cab (excluding bumper) 68" To rear of cab 62" Total Cab Length (excluding bumper) 130" INTERIOR The cab interior will have Zolatone gray/black rubberized, mar resistant, textured finish. FENDER CROWNS Polished stainless steel front axle fenderettes with full depth radiused wheel well liners will be provided. GRILLE The front of the cab will be equipped with a stainless steel grille with sufficient area to allow proper airflow into the cooling system and engine compartment. CAB INSULATION The exterior walls, doors, and ceiling of the cab will be insulated from t he heat and cold, and to further reduce noise levels inside the cab. The cab interior sound levels will not exceed 90 decibels at 45 mph in all cab seat positions. ROOF DESIGN The cab will be of a 10" one-half rear raised roof design with side drip rails and will satisfy the following minimum height dimensions: Cab Dimensions Interior Front 59" Rear 65" Cobb County Purchasing Department 6 Cab Dimensions Exterior Front 65" Rear 75" DIAMOND PLATE, CAB ROOF The roof of the cab will have a diamond plate overlay. The overlay will be constructed of .125" aluminum serrated diamond plate and measure 30" x 60". EXTERIOR GLASS The cab windshield will be of a two piece curved design utilizing tinted, laminated, automotive approved safety glass. The window will be held in place by an ext ruded rubber molding. The cab will be finished painted prior to the window installation. Two (2) fixed position side windows will be provided between the forward cab area and the crew cab area, one (1) each side and will utilize tinted, tempered automoti ve approved safety glass. The widows will be approximately 20.5" high x 16.50" wide to provide maximum visibility. The side windows will be held in place by an extruded rubber molding. The cab door and canopy windows will utilize tinted, automotive approved safety glass. SUN VISORS The sun visors will be made of dark smoke colored transparent polycarbonate. There will be a visor located at both the driver and officer positions, recessed in a molded form for a flush finish. CAB STEPS The lower cab steps will be no more than 22" from the ground. An intermediate step will be provided, mid way between the lower cab step, and the cab floor. The intermediate step will be slightly inset to provide for safer ingress and egress. All steps will be covered with material that meets or exceeds the NFPA requirements for stepping surfaces. STEP LIGHTS A white LED strip light will illuminate each interior cab step. These lights will illuminate whenever the battery switch is on and the cab door is opened. Cobb County Purchasing Department 7 CAB STRUCTURAL INTEGRITY Cab certification is included in bid package. SEAT BELT TESTING A copy of the certification letter is supplied with the bid documents. MANUAL CAB LIFT There will be a manually operated hydraulic pump for tilting the cab in case the main pump should fail. Access to the pump will be located under the left corner of the front bumper. CAB DOORS The cab doorframes will be constructed from aluminum extrusions fitted with an aluminum sheet metal skin and will be equipped with dual weather seals. The outside cab door window opening will be framed by a black anodized aluminum trim, to provide a clean appearance. The cab doors will be equipped with heavy-duty door latching hardware, which complies with FMVSS 206. The door latch mechanism will utilize control cable linkage for positive operation. A rubber coated nylon web doorstop will be provided. The doors will be lap type with a full-length stainless steel 3/8" diameter hinge and will be fully adjustable. All openings in the cab will be grommeted or equipped with rubber boots to seal the cab from extraneous noise and moisture. The cab doors will be designed to satisfy the following minimum opening and step area dimensions: Door Opening: Front 36.5" x 73" Rear 36.5" x 73" POWER WINDOWS All four cab entry doors will have power windows. Each door will be individually operated and the driver’s position will have master control over all windows. All four windows will roll down completely. REAR CAB WINDOWS Two sliding windows approximately 16.25" wide x 14.25" high will be provided in the back Cobb County Purchasing Department 8 wall of the cab. WINDOW TINTING The crew cab windows and doors, with the exception of the driver’s and officer’s doors, and the windshield, will be tinted with deep “limo” tint. COMPUTER TRAY There will be a slide-out tray in front of the officer’s seat for a laptop computer or other use. CENTER CONSOLE There will be a center console mounted on the engine hood between the driver and officer. The console will be covered in black vinyl material to match the engine hood. The console will come complete with two drink holders and recessed wells for storage of miscellaneous items. The center portion will contain a notebook rack with dividers for the storage of up to four notebooks. A heavy duty velcro strap will be provided to secure the notebooks. The outboard sections will contain duct work to direct air flow from the heater/AC towards the driver and officer. EMS CABINET, REAR FACING There will be a cabinet constructed of .125 aluminum plate and painted to match the interior of the cab. The cabinet dimensions will be approximately 21" wide x 22" deep x 39" high. The cabinet will come complete with a locking roll up door and three adjustable shelves. Strip lighting will be provided in the cabinet. The location of the cabinet will be in place of the rear facing crew seat behind the driver. INTERIOR DOOR PANELS The interior of the cab entry doors will have a 304 brushed stainless steel scuff plate, contoured to the door, from the door sill down. The lower portion of the doors will also have a 304 brushed stainless steel scuff plate and will include a total of 245 square inches of reflective material on each door, exceeding the NFPA requirement of 96 square inches. The layout will be opposing ruby red “chevron” stripes on each side. The red striping will be laid over white 3M reflective materials. The reflective decal will be plainly visible to oncoming traffic when the doors are in the open position. Cobb County Purchasing Department 9 DIAMOND PLATE, CAB ROOF The roof of the cab will have a diamond plate overlay. The overlay will be constructed of .125” aluminum serrated diamond plate and measure 30” x 60”. There will also be a treadplate protector built around the roof mounted AC unit to protect against tree limbs. SCUFF PLATES The outside rear edges of the cab door openings will be covered with a 14 gauge brushed stainless steel scuff plate. This plate will have a minimum of one inch wrap around each side and run the full height of the door. CAB ACCESSORY FUSE PANEL A fuse panel will be located underneath the rear facing seat on the officer’s side. The fuse panel will consist of six (6) battery hot and six (6) ignition switch circuits. Each circuit will be capable of 10-ampere 12-volt power and total output of 50-amps. The fuse panel will be capable of powering accessories such as hand held spotlights, radio chargers, hand lantern chargers and other miscellaneous 12 -volt electrical components. AC PROTECTOR There will be a treadplate protection gaurd built around the roof mounted AC unit to protect against tree limbs, etc. CONTENGENCY FUND A contingency fund of 6,000.00 dollars is provided for each aerial unit and can be utilized at FD’s discretion. AIR HORNS Two (2) Grover 2040 Stuttertone rectangular, chrome plated, air horns will be recess mounted, one (1) each side behind the perforated grille of the bumper. The air horns will be controlled by a toggle switch wired through the horn button. A foot switch for t he air horns will also be provided on the officer's side. ALTERNATOR A 320 ampere Prestolite/Leece Neville Model 4962PA, alternator with serpentine belt will be provided The alternator will generate 260 amperes at idle. A low voltage alarm, audible and visual, will be provided. Cobb County Purchasing Department 10 FRONT AXLE The front axle will be a Meritor™ MFS-20-133A 3.74” drop beam with a capacity of 23,000 pounds. The axle will be hub piloted, 10 stud, furnished with oil seals and come complete with assist cylinder, hoses, and mounting brackets. REAR AXLE The rear axle will be a Meritor™ RT-50-180 Tandem drive axle with a capacity of 52,000 lbs. The axles will be hub piloted, 10 studs, furnished with oil seals. INTER-AXLE DIFFERENTIAL LOCK A locking inter-axle differential will be provided between the two rear axles. An activation switch will be provided on the driver’s dash. TOP SPEED Top speed will be 60 MPH. NFPA will not allow 65 MPH on a vehicle with a GVWR like this unit. AUTOMATIC TIRE CHAIN SYSTEM The apparatus will be equipped with an On -Spot brand Automatic Tire Chain System on both rear axles. There will be one driver's side and one passenger's side chain unit. A continuous duty solenoid will be provided and activated by the dashboard switch, which opens and allows compressed air to flow to the chain units. Compressed air will be delivered to the solenoid from the vehicle's air tank. The solenoid will be mounted on the frame rail or crossmember in close proximity of the chain units. This air/electric solenoid will be 12-volts and draw no more than 1 ampere of current. Electrical wire will be in accordance with NFPA 1901. A 12-volt dashboard switch will be provided so that the operator may engage the chains from the driver's seat. The switch will be lighted to indicate when the chains are engaged. The switch will come complete with a switch guard to avoid accidental engagement of the automatic chains. The switch guard will be properly labeled. A dashboard sticker with operating instructions will be provided. BATTERIES The battery system will be a single system consisting of four negative ground, 12 volt Cobb County Purchasing Department 11 Interstate or Delco Group 31 MHD batteries, cranking performance of 950 CCA each with total of 3800 amps, 185 minute reserve capacity with 25 ampere draw at 80 degrees Fahrenheit. Each battery will have 114 plates. Warranty will be accepted nationwide. The batteries will be installed in a vented 304 stainless steel battery box with a removable aluminum cover to protect the batteries from road dirt and moisture. The batteries are to be placed on dri-deck and secured with a fiberglass hold down. The batteries will be wired directly to starter motor and alternator. The battery cables will be 3/0 gauge. Battery cable terminals will be soldering dipped, color-coded and labeled on heat shrink tubing with a color-coded rubber boot protecting the terminals from corrosion. There will be a 350-ampere fuse protecting the pump primer and a 250 -ampere fuse protecting the electric cab tilt pump and other options as required. BATTERY CHARGING A Kussmaul Auto Charge 1200 battery system charger will be provided. The Auto Charge 1200 is a fully automatic battery charger with a very high output for vehicles with a single battery system. A remote single bar graph display is provided to indicate the state of charge of the battery system. The rated output will be 40 amps for the battery system. A Kussmaul Model 091-55-20-120 super electric auto-eject with weatherproof cover and power interrupt will be provided. An 120 volt Auto Pump air compressor will also be provided to maintain air within the air brake system. A miniature air filter, that mounts in the output pressure line of the air pump to trap moisture, will be provided. The micron filter element removes contaminants from the air line. A transparent bowl permits easy monitoring of water collected and a manual purge valve allows the operator to conveniently drain the bowl. A Bendix DV2 heated automatic drain valve will be provided. BATTERY JUMPER TERMINAL There will be one set (two studs) of battery jumper terminals located by the battery box under the cab. The terminals will have plastic color-coded covers. Each terminal will be tagged to indicate positive/negative. BRAKES (Front) The front brakes will be Meritor S-cam style. They will be 16.5" x 6" with heavy-duty return springs, and a double anchor pin design. They will also have quick-change shoes Cobb County Purchasing Department 12 for fast easy brake relining. BRAKES (Rear) The rear brakes will be Meritor S-cam style. They will be 16.5" x 8.625" with heavy-duty return springs, and a double anchor pin design. They will also have quick-change shoes for fast easy brake relining. AIR BRAKE SYSTEM The vehicle will be equipped with air-operated brakes. The system will meet or exceed the design and performance requirements of current FMVSS -121 and test requirements of current NFPA 1901 standards. Each wheel will have a separate brake chamber. A dual treadle valve will split the braking power between the front and rear systems. All main brake lines will be color-coded nylon type protected in high temperature rated split plastic loom. The brake hoses from frame to axle will have spring guards on both ends to prevent wear and crimping as they move with the su spension. All fittings for brake system plumbing will be brass. A Meritor Wabco System Saver 1200 air dryer will be provided. The air system will be provided with a rapid build -up feature, designed to meet current NFPA 1901 requirements. The system will be designed so the vehicle can be moved within 60 seconds of startup. The quick build up system will provide sufficient air pressure so that the apparatus has no brake drag and is able to stop under the intended operating conditions following the 60 -second buildup time. The vehicle will not be required to have a separate on-board electrical air compressor or shoreline hookup to meet this requirement. Six (6) supply tanks will be provided. One air reservoir will serve as a wet tank and a minimum of one tank will be supplied for each the front and rear axles. A Schrader fill valve will be mounted in the front of the driver’s step well. A spring actuated air release emergency/parking brake will be provided on the rear axle. One (1) parking brake control will be provided and located on the engine hood next to the transmission shifter within easy reach of the driver. The parking brake will automatically apply at 35 ±10 PSI reservoir pressure. A Meritor WABCO IR -2 Inversion Relay Valve, supplied by both the Primary and Secondary air systems, will be used to activate the parking brake and to provide parking brake modulation in the event of a primary air system failure. Accessories plumbed from the air system will go through a pressure protection valve and Cobb County Purchasing Department 13 to a manifold so that if accessories fail they will not interfere with the air brake system. AIR BRAKING ABS SYSTEM A Wabco ABS system will be provided to improve vehicle stability and control by reducing wheel lock-up during braking. This braking system will be fitted to axles and all electrical connections will be environmentally sealed from water and weather and be vibration resistant. The system will constantly monitor wheel behavior during braking. Sensors on each wheel transmit wheel speed data to an electronic processor, which will sense approaching wheel lock and instantly modulate brake pressure up to 5 times per second to prevent wheel lock-up. Each wheel will be individually controlled. To improve field performance, the system will be equipped with a dual circuit design. The system circuits will be configured in a diagonal pattern. Should a malfunction occur, that circuit will revert to normal braking action. A warning light at the driver's instrument panel will indicate malfunction to the operator. The system will consist of a sensor clip, sensor, electronic control unit and solenoid control valve. The sensor clip will hold the sensor in close proximity to the tooth wheel. An inductive sensor consisting of a permanent magnet with a round pole pin and coil will produce an alternating current with a frequency proportional to wheel speed. The unit will be sealed, corrosion-resistant and protected from electro-magnetic interference. The electronic control unit will monitor the speed of each wheel sensor and a microcomputer will evaluate wheel slip in milliseconds. ELECTRONIC STABILITY CONTROL SYSTEM An Arvin Meritor / Wabco Electronic Stability Control (ESC) system will be provided and installed. The ESC system continually monitors the vertical acceleration, and yaw (horizontal plain rotation) of the vehicle, and compares it to a critical threshold where vehicle rollover may occur. When the critical threshold is met, the ESC will intervene by reducing engine torque and engaging the engine retarder, while automatically applying both the steering and drive axle brakes as needed. In many cases, activation occurs before the driver is even aware it is needed. BUMPER There will be a 12" high double rib polished stainless steel wrap-around bumper provided at the front of the apparatus. Laser cut perforated grilles will be incorporated into the bumper and located at the outboard section of the bumper for the air horns and at the center for the siren speaker. The bumper will be mounted to a reinf orcement plate constructed of 1/4" x 10" x 70" carbon steel. A gravel shield will be provided, constructed of .188” aluminum diamond plate. The bumper extension will be approximately 6" to keep overall length to a minimum. Cobb County Purchasing Department 14 COOLING SYSTEM The cooling system will be designed to keep the engine properly cooled under all conditions of road and pumping operations. The cooling system will be designed and tested to meet or exceed the engine and transmission manufacturer’s requirements, and EPA regulations. The complete cooling system will be mounted in a manner to isolate the system from vibration and stress. The individual cores will be mounted in a manner to allow expansion and contraction at various rates without inducing stress to the adjoining core(s). The cooling system will be comprised of a charge air cooler to radiator serial flow package that provides the maximum cooling capacity for the specified engine as well as serviceability. The main components will include a surge tank, a charge air cooler, bolted to the top of the radiator to maximize cooling, recirculation shields, a shroud, a fan, and required tubing. All components will consist of an individually sealed system. RADIATOR The radiator will be a cross-flow design constructed completely of aluminum with welded side tanks. The radiator will be bolted to the bottom of the charge air cooler to allow a single depth core, thus allowing a more efficient and serviceable cooling syst em. The radiator will be equipped with a drain cock to drain the coolant for serviceability. The drain cock will be located at the lowest point of the aluminum cooling system to maximize draining of the system. CHARGE AIR COOLER The charge air cooler will be of a cross-flow design and constructed completely of aluminum with extruded tanks. The charge air cooler will be bolted to the top of the radiator to allow a single depth core. COOLANT The cooling system will be filled with a 50/50 mix. The coola nt makeup will contain ethylene glycol and de-ionized water to prevent the coolant from freezing to a temperature of –34 degrees F. HOSES & CLAMPS Silicone hoses will be provided for all engine coolant lines. All radiator hose clamps will be spring loaded stainless steel constant torque hose clamps Cobb County Purchasing Department 15 for all main hose connections to prevent leaks. Recirculation shields will be installed where required to prevent heated air from reentering the cooling package and affecting performance. FAN The engine cooling system will incorporate a heavy-duty composite 11- blade Z-series fan. It will provide the highest cooling efficiently while producing the lowest amount of noise. This robust yet light-weight fan results in less wear and stress on motors and bearings. A shroud and recirculation shield system will be used to ensure air that has passed through the radiator is not drawn through again. The fan tip to radiator core clearance will be kept at a minimal distance to increase the efficiency of the fan and reduce fan blast noise. FAN CLUTCH A fan clutch will be provided that will allow the cooling fan to operate only when needed. The fan will remain continuously activated when the truck is placed in pump gear. SURGE TANK The cooling system will be equipped with an aluminum surge tank mounted to the officer’s side of the cooling system core. The surge tank will house a low coolant probe and sight glass to monitor the coolant level. Low coolant will be alarmed with the check engine light. The surge tank will be equipped with a dual seal cap that meets the engine manufacturer’s pressure requirements, and system design requirements. The tank will allow for expansion and to remove entrained air from the system. There will also be an extended fill neck to prevent system overfill and encroachment of expansion air space. Baffling will be installed in the tank to prevent agitated coolant from being drawn into the engine cooling system. ANTIFREEZE The radiator will be filled with Long Life antifreeze. DRIVE LINE The driveline will consist of Spicer 1810 series dual grease fitting universal joints with "half-round" end yokes. The drive shaft will be built with a heavy -duty steel tube 4.095" outside diameter x .180 wall thickness. The shafts will be dynam ically balanced prior to installation into the chassis. A splined slip joint will be provided in each shaft assembly. Cobb County Purchasing Department 16 Universal joints will be extended life. There will be two (2) Zerk fittings in each universal joint assembly so the joint can be greased without turning the shaft. ENGINE ENCLOSURE An integral, formed aluminum and composite engine enclosure will be provided. The engine enclosure will be contoured and blended in an aesthetically pleasing manner with the interior dash and flooring of the cab. The enclosure will be kept as low as possible, to maximize space and increase crew comfort. The enclosure will be constructed from 5052 H2 aluminum plate and GRP composite materials, providing high strength, low weight, and superior heat and sound deadening qualities. The exterior sides will be covered with rubberized carpeting to aid in sound deadening and heat resistance. The top will be covered with a fiberglass grade cover, with a heavy duty, molded black vinyl, wear resistant covering, further reducing noise and heat in the cab. The underside of the engine enclosure will be covered with a sound deadening, heat reflective insulation system, and will further minimize noise (DB levels), and eliminate engine heat from the front and rear of the cab. The insulation material will be bonded with adhesive and mechanically fastened to the underside of the cab. All seams will be sealed to prevent water absorption. NO EXCEPTIONS. A work light will be installed in the engine enclosure with an individual switch located on the base of the light. Extra foam insulation will be provided in the cab behind the interior side panels and headliners for heat and noise control. ENGINE The apparatus will be powered by a Cummins Diesel ISX 11.9 500 HP @ 1800 R.P.M., 1645 ft. lb. torque @ 1200 R.P.M. ENGINE WARRANTY The engine will have a five year or 100,000 mile warranty and approval by Cummins for installation in the chassis. There will be no deductible for the first two years. A one hundred dollar deductible will apply for service during the next three years. AIR COMPRESSOR The air compressor will be an 18.7 CFM engine driven Wabco. Cobb County Purchasing Department 17 STARTER A 12-volt starter will be provided, controlled by a switch on the left lower cab dash. FUEL FILTERS The engine fuel filters will be mounted in a manner that is easily accessible for service or replacement. A Cummins approved primary FleetGuard Fuel Pro filter will be remote mounted to the Chassis frame rail. A secondary FleetGuard FF2200 spin on filter will be mounted on the engine. EXHAUST SYSTEM The engine exhaust system will include the following components: Diesel Particulate Filter (DPF) Diesel Oxidation Catalyst (DOC) Diesel Exhaust Fluid (DEF) Selective Catalytic Reduction Filter (SCR) The SCR catalyst utilizes the DEF fluid, which consists of urea and purified water, to convert NOx into nitrogen and water. This will meet or exceed 2010 EPA emissions requirements. The engine exhaust system will be horizontal design constructed from heavy -duty truck components. The exhaust tubing will be stainless steel to the DPF through to the SCR, aluminized steel from the SCR to the exhaust tip. A heavy duty stainless steel bellows tube will be used to isolate the exhaust system from the engine. The system will be equipped with single canister consisting of a Diesel Oxidation Catalyst (DOC) and a Diesel Particulate Filter (DPF), and will be mounted under the right side frame rail, meeting the specific engine manufacturer's specifications and current emission level requirements. The outlet will be directed to the forward side of the rear wheels, exiting the right side with a heavy duty heat diffuser. The heat diffuser will prevent the exhaust temperature from exceeding 851 deg. F during a regeneration cycle. A heat -absorbing sleeve will be provided on the exhaust pipe in the engine compartment area to reduce the heat, protect the alternator, and also to protect personnel while servicing the engine compartment. AFTER TREATMENT SYSTEM To meet EPA requirements of Particulate output, a DPF (Diesel Particulate Filter) is used. To meet EPA requirements of Nitrous Oxide output an SCR (Selective Catalytic Reduction) system utilizing DEF (Diesel Exhaust Fluid) is used. Cobb County Purchasing Department 18 AIR CLEANER/INTAKE The engine air intake and filter will be designed in accordance with the engine manufacturer’s recommendations. It will be 99.9% effective in removing airborne contaminants when tested per the industry standard SAE J726 procedure and offer a dirt holding capacity of at least 3.0 gm/cfm of fine dust (tested per SAE J726) offering superior engine protection. The air filter will be located at the front of the apparatus and will be at least 66” above the ground, to allow fording deep water in an emergency situation. An ember separator will be provided in the engine air intake meeting, the requirements of NFPA 1901. An Air Restriction warning light will be provided and located on the cab dash. ENGINE BRAKE The engine will be equipped with a Jacobs compression engine brake. An “On/Off” switch and a control for “Low/High” will be provided on the instrument panel within easy reach of the driver. The engine brake will interface with the Wabco ABS brake controller to prevent engine brake operations during adverse braking conditions. A pump shift interlock circuit will be provided to prevent the engine brake from activating during pumping operations. The brake light will activate when the engine brake is engaged. DIESEL EXHAUST FLUID TANK The exhaust system will include a molded cross linked polyethylene tank. The tank will have a capacity of 5 usable gallons and will be mounted on the left side of the chassis frame. The DEF tank fill neck will accept only a 19mm dispensing nozzle versus the standard 22mm diesel fuel dispensing nozzle to p revent cross contamination. The DEF tank cap will be blue in color to further prevent cross cross contamination. A placard will accompany fill location noting DEF specifications. Cobb County Purchasing Department 19 EXHAUST ADAPTER The exhaust will terminate to accept a station mounted Neiderman exhaust system. FRAME The chassis frame will be of a ladder type design utilizing industry accepted engineering best practices. The frame will be specifically designed for fire apparatus use. Each frame rail will be constructed of two 3/8" th ick-formed channels. The outer channel will be 10.06" x 3.50” x .375” and the inner channel (liner) will be 9.31” x 3.13” x .375”. The section modulus will be 31.28 in.3. The resistance to bending moment (RBM) will be 1,569,160 in./lbs. The cross-members will be constructed of minimum 3/8" formed channels and have formed gusseted ends at the frame rail attachment. .625 inch, grade 8 flange, Huck bolt fasteners will be used on all permanently attached brackets to the frame to eliminate the need for bo lt re-tightening. A lifetime warranty will be provided, per manufacturer's written statement. FUEL TANK The chassis will be equipped with a 65-gallon rear mounted, behind the rear axle, rectangular fuel tank that will be constructed of steel. The fue l tank will be certified to meet FMVSS 393.67 tests. It will also maintain engine manufacturer's recommended expansion room of 5%. There will be two (2) tank baffles. Dual pick-up and return ports will be provided for diesel generators if required. The fuel tank will be equipped with a 2 1/4" filler neck assembly with a 3/4" vent located on the left hand side of the tank. A fuel fill cap attached with a lanyard will be provided. The bottom of the fuel tank will contain a 1/2" drain plug. The fuel lines will be nylon braid reinforced fuel hose with brass fittings. The lines will be carefully routed along the inside of the frame rails. All fuel lines are covered in high temperature rated split plastic loom. Single suction and return fuel lines will be provided. FUEL COOLER Installed on the apparatus fuel system will be an Air-To-Liquid aluminum fuel cooler. The fuel cooler will be located in the lowest module of the cooling system. Cobb County Purchasing Department 20 CAB HANDRAILS There will be a 24" long, handrail provided and inst alled, at each cab entrance. The handrails will be constructed of type 304 stainless steel 1.25 inch diameter tubing with bright finish and knurled gripping surface. Mounting flanges will be constructed from 7 gauge, .180 thick, stainless sheet. Each grab rail will have 90 degree returns to flanges. The ends of grab rail will pass through the flanges and be welded to form one structural unit. The handrails will be mounted using 1.25 " SS Hex bolts, with a barrier rubber gasket at each flange. Sufficient space will allow for a gloved hand to firmly grip the rail. There will be two (2) rubber coated grab handles provided and mounted on the interior of the cab, one each side, on the windshield post for ingress assistance. The handrail on the driver’s side will be approximately 11" long and the handrail on the officer’s side will be approximately 18" long. HEAVY DUTY HEATER/DEFROSTER/AIR CONDITIONER There will be a minimum 80,000 cool BTU and 75,000 heat BTU single unit, heater/air conditioner mounted over the engine cover. The unit will be mounted in center of the cab on the engine hood/enclosure. Unit will have a shutoff valve at the right side of the frame, next to the engine. Airflow of the heater/air conditioner will be a minimum 1200 CFM. To achieve maximum cooling, a TM-31 Compressor (19.1 cu. in.) will be used. There will be ductwork to the floor of the cab, facing forward to provide heat f or the front of cab floor area. The defroster/heater will be a minimum of 35,000 BTU and will be a separate unit mounted over the windshield. There will be eight (8) louvers/diffusers to direct to windshield and door glass. Airflow of the defroster/heater will be a minimum 350 CFM. The unit will be painted Zolatone greystone to match the cab ceiling. The condenser will be roof mounted and have 80,000 BTU rating. The unit will include two fan motors. Airflow of the condenser will be a minimum 2250 CFM . (This roof-mounted condenser will work at full rated capacity at an idle with no engine heat problems.) HEATER/DEFROSTER/AIR CONDITIONING CONTROLS The heater/defroster/air conditioning will be located in the overhead console in the center of the apparatus cab within reach of the driver and officer. The controls will be illuminated for easy locating in dark conditions. The controls will be located in such a way that the driver will not be forced to turn away from the road to make climate control adjustm ents. Control of all heater/defroster/air conditioning functions for the entire apparatus cab will be achieved through these controls. Cobb County Purchasing Department 21 LOAD MANAGER Load manager will have the ability to sequence loads on and off. It will also be able to shed 8 loads when the vehicle is stationary, starting at 12.7 volts lowest priority load to be shed, then respectively at 12.6, 12.4, 12.2, 12.0, 11.8, 11.4 and 11.0 volts DC. Any load that has been shed will be off for a minimum of five minutes, and then if voltage has rebounded above shed voltage, the shed load will automatically come on. There will also be an indicator panel along side the rocker switches, which indicate power is on, battery warning and fast idle. Battery warning indicator will flash at a rate propor tional to the voltage discharge rate. AUTOMATIC HIGH IDLE ACTIVATION The load management system will be capable of activating the apparatus high idle system when the system voltage drops below 12.3 volts DC. The system will raise engine speed for a minimum of five minutes until voltage exceeds 13.0 volt DC. The load management system will activate the high idle feature before any devices are automatically shed OFF. The high idle function request from the load management device will function only if the appropriate interlocks are present; that is, control of the high idle system is monitored and will be superseded by the state of the interlock control module. The automatic high idle system will be deactivated whenever the brake pedal is pressed, and will remain inactive for two minutes thereafter to allow an operator to override the high idle function and return the engine to idle before PTO engagement. INSTRUMENT PANEL The main dash shroud, which covers the area directly in front of the driver from the doorpost to the engine hood, will be custom molded and covered with a non -glare black vinyl. The dash will be a one-piece hinged panel that tilts outward for easy access to service the internal components. The gauge panel will be constructed of durable aesthetically pleasing light gray polymer material, placed over a heavy duty steel backing plate, for added strength and durability. The gauges will be Beede Instruments, NexSys Link gauges with built-in self-diagnostics and red warning lights to alert the driver of any problems. All gauges and controls will be backlit for night vision and identified for function. All main gauges and warning lights will be visible to the driver through the steering wheel. MASTER BATTERY & IGNITION SWITCH The vehicle will be equipped with a keyless ignition, with a two (2)-position Master Battery rocker switch, "Ignition Off/On" and a two (2)-position Engine Start rocker switch, "Off/Start". Cobb County Purchasing Department 22 DIESEL PARTICULATE FILTER CONTROLS There will be two (2) controls for the diesel particulate filter. One control will be for regeneration and one control will be to inhibit engine regeneration. INSTRUMENTATION & CONTROLS Instrumentation on dash panel: Tachometer/hourmeter with built in high exhaust system regeneration temperature, and instrument malfunction indicators Speedometer/odometer with built in turn signal, high beam and re -settable trip odometer Voltmeter Diesel fuel gauge DEF (Diesel Exhaust Fluid) gauge Engine oil pressure Transmission temperature Engine temperature Primary air pressure Secondary air pressure Indicators and warning lights visible to driver: Battery on Parking brake engaged Low air with buzzer Turn signals Hi-beam Transmission temperature Do not shift transmission Check transmission Stop engine with buzzer Check engine Regeneration High exhaust temperature Air filter restriction light Back pressure Cab door open (flashing) Compartment door open (flashing) Antilock brake warning Low voltage Cobb County Purchasing Department 23 Upper aerial power on (when applicable) Other indicator and warning lights Differential locked PTO (s) engaged Auto-slip response Retarder engaged Retarder temperature Jacks out Jacks down Controls located on main dash panel: Master power disconnect with ignition switch Engine start switch Headlight switch Windshield wiper/washer switch Differential lock switch (if applicable) Dimmer switch for backlighting Controls included in steering column: Horn button Turn signal switch Hi-beam low-beam switch 4-way flasher switch Tilt-telescopic steering wheel controls Controls, gauges and indicator lights located to the right of driver's position: Transmission shifter Pump shift control with OK TO PUMP and PUMP ENGAGED lights Heater/defroster controls Eighteen (18) illuminated rocker switches Parking brake control Driving compartment warning labels will include: HEIGHT OF VEHICLE OCCUPANTS MUST BE SEATED AND BELTED WHEN APPARATUS IS IN MOTION DO NOT USE AUXILIARY BRAKING SYSTEMS ON WET OR SLIPPERY ROADS EXIT WARNINGS Cobb County Purchasing Department 24 Additional labels included: COMPUTER CODE SWITCH ABS CODE SWITCH FLUID DATA TAG CHASSIS DATA TAG DOOR AJAR INDICATION Four (4) red LED lights are provided in the forward cab overhead console area, visible to both driver and officer. Upon releasing the apparatus parking brake one or more of these lights will automatically illuminate (flash) if any cab door is open, compartment door is open, any ladder or equipment rack is not in stowed position, stabilizer system deployed or any other device has not been properly stowed that may cause damage if the apparatus is moved. ENGINE WARNING SYSTEM An engine warning system will be provided to monitor engine conditions such as low oil pressure, high engine temperature and low coolant level. Warning indication will include a STOP ENGINE (red) light with audible buzzer activation and a CHECK ENGINE (amber) light Note: (Some engine configurations may also include a fluid warning light.) There will be a master information light bar with 24 lights located across the center of the dash panel that covers up to 24 functions. These are defined under Ind icators and Warning Lights above. CHASSIS WIRING All chassis wiring will have XL high temperature crosslink insulation and will be 10 gauge, 12 gauge, 14 gauge and 18 gauge depending on load. All wiring will be color -coded, and the function and number stamped at 3" intervals on each wire. All wiring will be covered with high temperature rated split loom for easy access to wires when trouble shooting. All electrical connectors and main connectors throughout the chassis will be treated to prevent corrosion. PUMP SHIFT MODULE A pump shift module with indicating lights will be located within easy reach of the driver. A gear lockup will be provided to hold the transmission in direct drive for pump operation. Cobb County Purchasing Department 25 SPEEDOMETER A Class 1 brand digital speedometer will be provided on the officer's side in cab. HIGH IDLE The engine will have a "high idle" switch on the dash that will maintain an engine RPM of 1,000. The switch will be installed at the cab instrument panel for activation/deactivation. The "high idle" mode will become operational only when the parking brake is on and the truck transmission is in neutral. AUXILIARY POWER POINTS Two (2) 12-volt 20-ampere auxiliary lighter socket type plug-ins, will be provided in the cab, one near the driver and one near the officer. VEHICLE DATA RECORDER An Akron / Weldon vehicle data recorder as required by the 2009 edition of NFPA 1901 will be installed. Vehicle data will be sampled at the rate of 1 second per 48 hours, and 1 minute per 100 engine hours. Software will be provided to allow the fire department to collect the data as needed. INTERIOR The cab interior will be finished in gray Durawear on the full front and rear headliners and rear firewall. LIGHTING CAB EXTERIOR Exterior lighting and reflectors will meet or exceed Federal Motor Vehicle Safety Standards and National Fire Protection Association requirements in effect at this time. HALOGEN HEADLIGHTS There will be dual beam halogen rectangular headlights in custom housings on each side of the front of the cab. Headlight alignment will conform to SAE J599 AUG. 1997 • DOT Approved FMVSS 108 • SAE J96 ECE Reg. 112 • Sealed to IP67 Cobb County Purchasing Department 26 ALTERNATING HEAD LAMP The headlights will have an alternating flash feature for emergency response use. CORNERING LIGHTS Cornering lights will be provided; one (1) on each side of the bumper tread plate. HAND HELD SPOTLIGHT One Optronics Blue Eye Model KB-4003, 400,000-candle power hand-held spotlight will be provided, installed at officer's side of cab. LIGHTING CAB INTERIOR Interior lighting will be provided inside the cab for passenger safety. Two (2) ceiling mounted combination red/clear LED dome lights with a push button on/off switch in the light lens. One light will be located over each the officer and driver’s position. The lights will also activate from the open door switch located in each cab doorjamb. LIGHTING CREW CAB INTERIOR Interior lighting will be provided inside the crew cab for passenger safety. Two (2) ceiling mounted combination red/clear LED dome lights with a push button on/off switch in the light lens will be provided. The lights will also activate from the open door switch located in each cab doorjamb. MIRRORS Two (2) Lang Mekra 300 Series smooth chrome plated Aero style main and convex mirrors will be installed on each side of the vehicle. The main mirror will be 4 -way remote adjustable with heat, 7" x 16" 2nd surface chromed flat glass. The convex will be 6" x 8" 2nd surface chromed 400 mm radius glass. Each mirror housing assembly will be constructed of lightweight textured chrome ABS with on truck glass and housing back cover replacement. In the event the mirror breaks the glas s will be replaceable in (3) minutes or less. The glass will include a safety adhesive backing to keep broken glass in place. The mirror assembly will be supported by a "C" loop bracket constructed of polished stainless steel tube utilizing two point mounting reducing vibration of mirror glass during normal vehicle operation. The lower section of the holder will include a spring loaded single detent position 20 degrees forward with easy return to operating position without refocusing. HELMET STORAGE A universal style helmet bracket will be provided for each riding position. Cobb County Purchasing Department 27 A placard will be provided for each riding position warning that injury may occur if helmets are worn while seated. SEAT BELT WARNING SYSTEM An Akron / Weldon seat belt warning system will be provided, and will monitor each seating position. Each seat will be supplied with a sensor that, in conjunction with the display module located on the dash, will determine when the seat belt was fastened and if the seat is occupied. An icon will represent that the seat is properly occupied. An audible and visual alarm will be activated if the seat is occupied and/or the belt is not fastened in the proper sequence. DRIVER’S SEAT The driver's seat will be a Bostrom Sierra FX air ride high back, adjustable fore/aft, upholstered with gray tweed Durawear. A 3-point seat belt will be provided. OFFICER’S SEAT The officer’s seat will be a Bostrom Firefighter™ Tanker 450 ABTS SCBA seat. The seat will have the following features: Integrated 3-point seat belt “Auto-Pivot & Return” head rest Built in lumbar support 100% Durawear™ gray tweed seat material UNDER SEAT STORAGE There will be a storage compartment under the officer’s seat approximately 15" wide x 10.5" tall x 15.5" deep. SCBA CAVITY PAD Four (4) removable upholstered pads will be provided to cover the officer's SCBA. ADDITIONAL SEAT COMPONENTS There will be one additional seat belt and one additional seat cushion provided loose for each seat. Cobb County Purchasing Department 28 CREW SEATS The crew cab area will have three (3) Bostrom Firefighter™ seats. The seating arrangement will be: one (1) rear facing Bostrom Tanker 450 ABTS SCBA seats and two (2) forward facing Bostrom 400CT ABTS SCBA flip up seats. The seats will have the following features: Integrated 3-point seat belts “Auto-Pivot & Return” head rest Built in lumbar support 100% Durawear™ gray tweed seat material FLIP UP SEAT There will be two (2) spring loaded flip-up seats on the body header at the jump seat area, one each side. Each seat will be supplied with a seat belt. SCBA BOTTLE BRACKET The officer and crew seats will come equipped with an H.O. Bostrom SecureAll™ SCBA Locking System capable securing all U.S. and international SCBA brands and sizes while in transit or for storage on fire trucks. Locking will be achieved by pushing the SCBA unit (bottle) against the pivot arm to engage the automatic lock system. A top clamp will surround the top of the SCBA tank for a secure fit in all directions. The bracket will be equipped with a center guide fork to keep the tank in-place for a safe and comfortable fit in seat cavity. All adjustment points will utilize one tool and be easily adjustable. The bracket system will be free of straps and clamps that may interfere with auxiliary equipment on SCBA units. The release handle will be integrated into the seat cushion for quick and easy release and will eliminate the need for straps or pull cords to interfere with other SCBA equipment. The bracket system will meet NFPA 1901 standards and requirements of EN 1846 -2. CREW SEAT COMPARTMENT A compartment will be provided under the forward facing crew seats on the back wall of the cab. The compartment will be full through, with an access door on each side, accessible from the side of the crew cab doors. Cobb County Purchasing Department 29 STEERING Ross heavy duty Model TAS-85 power steering will be provided. The steering gear will be bolted to the frame at the cross-member for steering linkage rigidity. Four (4) turns from lock to lock with an 18" diameter slip resistant rubber covered steering wheel. Steering column will have six-position tilt and 2" telescopic adjustment. The cramp angle will be 45 degrees with 315mm tires or 43 degrees with 425mm tires providing very tight turning ability. SUSPENSION (FRONT) The front suspension will be a variable rate taper-leaf design, 54" long and 4" wide. Long life, maintenance free, urethane bushed spring shackles will be utilized. All s pring and suspension mounting will be attached directly to frame with high strength Huck bolts and self-locking round collars. Spring shackles and pins that require grease will not be acceptable. ENHANCED FRONT SUSPENSION SYSTEM The front suspension will have the handling, stability, and ride quality enhanced by the use of a Ride Tech auxiliary spring system and Koni high performance shock absorbers. This system will utilize three stage, urethane auxiliary springs, and high performance gas filled shock absorbers to control the deflection of the leaf springs, and dampen vibration normally transmitted to the chassis. This maintenance free system will be custom tuned to the apparatus gross weight rating for maximum performance, while maintaining a soft compliant ride. A (3) three year 36,0000 mile warranty will be provided by the manufacturer. SUSPENSION (REAR) 52,000 TANDEM AIR RIDE The rear suspension will be a Raydan Manufacturing, Air Link™ model 952 -52-199 air ride suspension. This suspension will incorporate a quad air spring system. The air suspension bags will have internal rubber stops giving the ability to operate without air if the need arises. Heavy-duty shock absorbers will be provided, inboard mounted, to dampen load forces, reduce tire hops, and improve stopping. Torque rods will be incorporated to restrict lateral movement of the differentials and to reduce bushing and tire wear. Dual height control valves will be provided to maintain even, balanced loads. Suspension will have a ground rating of 52,000 pounds. TIRE PRESSURE MONITOR A Real Wheels LED tire pressure sensor will be provided for each wheel. The pressure sensor will indicate if a particular tire is not properly inflated. A total of ten (10) indicators Cobb County Purchasing Department 30 will be provided. FRONT TIRES Front tires will be Michelin 425/65R22.5, load range L, XFE tread, single tubeless type with a GAWR of 22,000 pounds. Wheels will be disc type, hub piloted, 22.5 x 12.25 10 stud 11.25 bolt circle. Chrome plated lug nut caps will be provided. FRONT HUB COVERS Polished stainless steel hub covers will be provided for the front axle. REAR HUB COVERS Polished stainless steel hub covers will be provided for the rear axle. REAR TIRES Rear tires will be Michelin 12R22.5, load range H, XZE highway tread, dual tubeless type with a GAWR of 52,000 pounds. Wheels will be disc type, hub piloted, 22.5 x 8.25 10 stud with 11.25" bolt circle. Chrome plated lug nut caps will be provided. MUD FLAPS Hard rubber mud flaps will be provided for front and rear tires. WHEELS Aluminum wheels will be provided for the front and for the inside and outside of the rear wheels. The aluminum wheels will match the tire and axle capacities of the apparatus. TOW EYES (Front) There will be two front tow eyes with 3” diameter holes attached directly to the chassis frame. TOW EYES (Rear) There will be two tow eyes attached directly to the chassis frame rail and will be chromate acid etched for superior corrosion resistance and painted to match the chassis. TRANSMISSION The chassis will be equipped with a Generation IV Allison EVS4000 six (6) speed automatic transmission. It will be programmed five (5) speed, sixth gear locked out, for Cobb County Purchasing Department 31 fire apparatus vocation, in concert with the specified engine. An electronic oil level indicator will be provided as well as a diagnostic reader port connection. The fifth gear will be an overdrive ratio, permitting the vehicle to reach its top speed at the engine's governed speed. The dipstick is dipped in a rubber coating for ease in checking oil level when hot. The chassis to transmission wiring harness will utilize Metri-Pack 280 connectors with triple lip silicone seals and clip-type positive seal connections to protect electrical connections from contamination without the use of coatings. Ratings: Max Input (HP) 600 Max Input (Torque) 1850 (lb ft) Max Turbine (Torque) 2600 (lb ft) Mechanical Ratios: 1st - 3.51:1 2nd - 1.91:1 3rd - 1.43:1 4th - 1.00:1 5th - 0.74:1 Reverse - -5.00:1 TRANSMISSION COOLER The apparatus transmission will be equipped with a Liquid -To-Liquid remote mounted cooler with aluminum internal components. The cooler will be encased in an aluminum housing and mounted to the outside of the officer’s side frame rail for accessibility and ease of service. TRANSMISSION FLUID The transmission will come filled with Castrol TranSynd™ Synthetic Transmission Fluid or approved equal meeting the Allison TES-295 specification. TRANSMISSION SHIFTER An Allison "Touch Pad" shift selector will be mounted to the right of the driver on the engine cover accessible to the driver. The shift position indicator will be indirectly lit for nighttime operation. FRONT TURN SIGNALS There will be two Whelen 400 Series LED rectangular amber turn signal lights mounted Cobb County Purchasing Department 32 one each side in the front of the headlight housing and one mounted on each side of the warning light housing. Two Whelen 700 series turn signal will be provided mid area of truck. WHEELBASE The wheelbase will be 236". WINDSHIELD WIPERS Two (2) black anodized finish two speed synchronized electric windshield wiper system. Dual motors with positive parking. System includes large dual arm wipers with built in washer system. One (1) master control works the wiper, washer and intermittent wipe features. Washer bottle is a remote fill with a 4 quart capacity. Washer fill is located just inside of officer cab door. MISCELLANEOUS CHASSIS EQUIPMENT Fluid capacity plate affixed below driver's seat. Chassis filter part number plate affixed below driver's seat. Maximum rated tire speed plaque near driver. Tire pressure label near each wheel location. Cab occupancy capacity label affixed next to transmission shifter. Do not wear helmet while riding plaque for each seating position. NFPA compliant seat belt and standing warning plates provided. FIRE PUMP HALE QMAX-200 Fire pump will be midship mounted. The fire pump will be of the double suction single stage centrifugal type, carefully designed in accordance with good modern practice. The pump will be of fine grain alloy cast iron, with a minimum tensile strength of 30,000 PSI. The pump body will be horizontally split, on a single plane, casing type with removable lower casing for easy removal of the entire impeller assembly including wear rings and bearings from beneath the pump without disturbing piping or the mounting of the pump in the chassis. Cobb County Purchasing Department 33 All moving parts in contact with water will be of high quality bronze or stainless steel. Easily replaceable bronze labyrinth wear rings will be provided. Discharge passage will be designed to accomplish uniform pressure readings as the actual pump pressure. The rated capacity of the fire pump will be 2000 gallons per minute in accordance with NFPA# 1901. The pump shaft will be rigidly supported by three bearings for a minimum deflection. One high lead bronze sleeve bearing to be located immediately adjacent to the impeller (on side opposite the drive unit). The sleeve bearing will be lubricated by a force fed, automatic lubrication system, pressure balanced to exclude foreign material. The remaining bearings will be heavy duty type, deep groove ball bearings in the gear box and they will be splash lubricated. The pump shaft will have only one packing gland located on the inlet side of the pump. It will be of split design for ease of repacking. The packing gland must be a full circle threaded design to exert uniform pressure on the packing to prevent "cocking" and uneven packing load when it is tightened. It will be easily adjustable by hand with a rod or screw driver and requiring no special tools or wrenches. The packing rings will be of a unique combination of braided graphite filament and braided synthetic packing and have sacrificial zinc foil separators to protect the pump shaft from galvanic corrosion. PUMP TRANSFER CASE The drive unit will be designed of ample capacity for lubricating reserve and to maintain the proper operating temperature. Pump drive unit will be of sufficient size to withstand up to 16,000 lbs. ft. torque of the engine in both road and pump operating conditions. The gearbox drive shafts will be heat treated chrome nickel steel input and output shafts will be at least 2-3/4" in diameter, on both the input and output shafts. They will withstand the full torque of the engine in both road and pump operating conditions. The engagement of the pump transmission will be of such design so as to permit transfer of power from road to pump operation only after vehicle is completely stopped. The pump shift will be air actuated from the cab and have both a green "Pump Engaged" light, and a green "O.K.-To-Pump" light. A Third green light will be provided on the pump operator's panel for "Throttle Ready". The pump drive unit will be cast and completely manufactur ed and tested at the pump manufacturer's factory. PRIMING SYSTEM The priming pump will be a Trident Emergency Products compressed air powered, high efficiency, multi-stage, venturi based AirPrime System. All wetted metallic parts of the priming system are to be of brass and stainless steel construction. A single panel Cobb County Purchasing Department 34 mounted control will activate the priming pump and open the priming valve to the pump. The priming system will have a five year warranty. PUMP ANODE A Hale pump anode kit assembly # 529-0050-00-0 will be provided and installed in the pump body. A minimum of two (2) anodes will be installed one (1) in the suction side and one (1) in the discharge side of the pump. PUMP CERTIFICATION The pump, when dry, will be capable of taking suction and discharging water in compliance with NFPA #1901 chapter 14. The pump will be tested by National Testing and will deliver the percentages of rated capacities at pressures indicated below: 100% of rated capacity @ 150 PSI net pump pressure. 70% of rated capacity @ 200 PSI net pump pressure. 50% of rated capacity @ 250 PSI net pump pressure. MECHANICAL PUMP SEAL The pump seal will be a maintenance free mechanical pump type seal. THREAD TERMINATION National Standard Thread will terminate the inlets and outlets of the apparatus. PRESSURE GOVERNOR / MONITORING DISPLAY Fire Research PumpBoss model PBA400-A00 pressure governor and monitoring display kit will be installed. The kit will include a control module, two (2) 600 psi pressure sensors, and cables. The control module case will be waterproof and have dimensions not to exceed 6 3/4" high by 4 5/8" wide by 1 3/4" deep. Inputs for monitored information will be from a J1939 databus or independent sensors. Outputs for engine control will be on t he J1939 databus or engine specific wiring. The following continuous displays will be provided: CHECK ENGINE and STOP ENGINE warning LEDs Engine RPM; shown with four daylight bright LED digits more than 1/2" high Engine OIL PRESSURE; shown on an LED bar graph display in 10 psi increments Engine TEMPERATURE; shown on an LED bar graph display in 10 degree increments Transmission TEMPERATURE; shown on an LED bar graph display in 10 degree increments Cobb County Purchasing Department 35 BATTERY VOLTAGE; shown on an LED bar graph display in 0.5 vo lt increments PSI / RPM setting; shown on a dot matrix message display PSI and RPM mode LEDs THROTTLE READY LED. A dot-matrix message display will show diagnostic and warning messages as they occur. It will show monitored apparatus information, stored data, and program options when selected by the operator. The program will store the accumulated operating hours for the pump and engine, previous incident hours, and current incident hours in a non -volatile memory. Stored elapsed hours will be displayed at the push of a button. It will monitor inputs and support audible and visual warning alarms for the following conditions: High Engine RPM High Transmission Temperature Low Battery Voltage (Engine Off) Low Battery Voltage (Engine Running) High Battery Voltage Low Engine Oil Pressure High Engine Coolant Temperature The governor will operate in two control modes, pressure and RPM. No discharge pressure or engine RPM variation will occur when switching between modes. A control knob that uses optical technology will adjust pressure or RPM settings. It will be 2" in diameter with no mechanical stops, a serrated grip, and have a red idle push button in the center. A throttle ready LED will light when the interlock signal is recognized. The governor will start in pressure mode and set the engine RPM to idle. In pressure mode the governor will automatically regulate the discharge pressure at the level set by the operator. In RPM mode the governor will maintain the engine RPM at the level set by the operator except in the event of a discharge pressure increase. The governor will limit a discharge pressure increase in RPM mode to a maximum of 30 psi. Other safety features will include recognition of no water conditions with an automatic programmed response and a push button to return the engine to idle. The pressure governor and monitoring display will be programmed to interface with a specific engine. INTAKE RELIEF There will be a Hale stainless steel intake relief valve installed on the intake side of the pump. The surplus water will be discharged away from the pump operator and terminate with Male NST hose thread. System is field adjustable. Cobb County Purchasing Department 36 AUXILIARY COOLER An auxiliary cooler will be furnished to provide additional cooling to the engine under extreme pumping conditions. Water from the pump is to be piped to the coils of the heat exchanger allowing the engine fluid to be cooled as required. VALVES AND ADAPTERS All valves will be Elkhart, full flow trunnion mounted ball valves with two flanges. Valves to be constructed with two self-adjusting seat/flange seals. The seats and ball will be of Norkalon material. Valves to have no more than three O -rings and no O-rings between the body and adapter flanges. Valves to have two seats to hold pressure or vacuum in either direction. Valves will be capable of swinging out of line without removing all flange bolts for easy replacement of ball and seats. Push/pull drain valves will be provided for all 2.5" and larger inlets and outlets. PUMP CONNECTIONS All suction and discharge lines (except pump manifolds) 1" and larger will be heavy -duty stainless steel pipe. Where vibration or chassis flexing may damage or loosen piping or where a coupling is necessary for servicing, a flexible connection will be furnished. All lines will be drained by a master drain valve or a separate drain provided at the connection. All individual drain lines for discharges will be extended with a rubber hose in order to drain below the chassis frame. All water carrying gauge lines will utilize nylon tubing. 6” PUMP INLETS Two 6" diameter suction ports with 6” NST male threads will be provided, one on each side of vehicle. The inlets will extend through the side pump panels and come complete with removable strainer and long handle chrome-plated cap. INTAKE VALVE A Hale Master Intake valve will be installed on the main pump inlet. It will be electrically actuated from both pump panels and include a manual override hand wheel on the pump panel. The valve will include a pressure relief valve to guard against incoming pressure surges. 30 ° ELBOW A Harrington 30° elbow adapter, 6" FNST x 5" Storz with 5" Storz blind cap and chain will be provided. Cobb County Purchasing Department 37 3" RIGHT SIDE INLET One 3" gated inlet valve will be provided on the right side pump panel. The valve will be supplied with chrome plate female swivel, plug, chain, and removable strainer. The valve will attach directly to the suction side of the pump with the valve body behind the pump panel. 3" LEFT SIDE INLET One 3" gated inlet valve will be provided on the left side pump panel. The valve will be supplied with chrome plate female swivel, plug, chain, and removable strainer. The valve will attach directly to the suction side of the pump with the valve body behind the pump panel. TANK TO PUMP The booster tank will be connected to the intake side of the pump with a 1/4 turn 3" full flow valve with check valve, with the remote control located at the operator's panel. The 3" tank to pump line will run from a bottom sump into the 3" valve. To prevent damage due to chassis flexing or vibration, a short 3" flexible rubber hose coupling will be used to connect the tank to the intake valve. OUTLETS The discharge valves will be an inline Tork-Lock constructed of brass and be of the quarter turn type of fixed pivot design to allow for ease of operation at all pressures. The valves will be controlled from the operator's panel and will be equipped with swing type locking handles. Each valve will be supplied with 2 -1/2” National Standard Threads and come with chrome plated female caps and chains. 2 -1/2" or larger discharge outlet will be supplied with a 3/4" quarter turn drain valve located at the outlet. All 2 -1/2" and larger discharges will be supplied with a 30 degree angle down elbow. 2-1/2” LEFT SIDE DISCHARGES Two (2) 2-1/2” gated discharges will be located on the left side pump panel. The valves will be of the quarter turn tork-lok ball type of fixed pivot design to allow for ease of operation at all pressures. The valve will be connected to the discharge side of the pump with the valve bodies behind the pump panel. A chrome swing type handle located on the pump operator’s panel will control the side discharges. 2-1/2” RIGHT SIDE DISCHARGES Cobb County Purchasing Department 38 One (1) 2-1/2” gated discharge will be located on the right side pump panel. The valve will be of the quarter turn tork-lok ball type of fixed pivot design to allow for ease of operation at all pressures. The valve will be connected to the discharge side of the pump with the valve bodies behind the pump panel. A chrome swing type handle located on the pump operator’s panel will control the right side discharges. RIGHT REAR DISCHARGE One 2.5" gated discharge valve will be provided on the right rear of the apparatus. The discharge will be controlled from the pump panel. The inlet will be supplied with chrome plated male fitting for hose connection. 3.00” RIGHT SIDE DISCHARGES One (1) 3.00” gated discharge will be located on the right side pump panel. The valves will be of the quarter turn tork-lok ball type of fixed pivot design to allow for ease of operation at all pressures. The valve will be connected to the discharge side of the pump with the valve bodies behind the pump panel. A chrome swing type handle located on the pump operator’s panel will control the right side discharge. CROSSLAYS Three (3) crosslay hose beds will be supplied as follows: One crosslay with 2.5" piping and 2.5" swivel with the capacity of 200' of 2.5" hose. Two crosslays with 2" piping and 1.5" swivel with the capacity of 200' of 1.75" hose each. All crosslays will be equipped with 2" valves. The valves will be the "drop -out" style and controlled from the pump panel with electric actuators. CROSSLAY COVER A vinyl cover will be provided to enclose t he top and sides of the crosslays, capable of being secured at the top and sides. TANK FILL A 1.5" tank fill will be provided, using a quarter turn full flow ball valve controlled from the pump operator's panel. PUMP AND GAUGE PANELS The panels will be constructed of black vinyl covered aluminum for maximum protection against abrasion caused during normal use. Cobb County Purchasing Department 39 Pump panels on both sides will be easily removable. The gauge and control panels will be two separate panels for ease of maintenance. VALVE CONTROLS The pump controls and gauges will be located at the left side of the apparatus and properly marked. The control panel will be laid out in a user-friendly manner. Where possible, horizontally operated swing type locking handles will be used for 2-1/2” and larger discharges. Horizontally operated swing handles will be required to provide better leverage as valves wear and become more difficult to open and close. The smaller valves will be controlled by pull type locking handles. All valve controls will have the corresponding discharge gauge located immediately adjacent to control handle to allow operator to view the discharge pressure without searching the panel. ESCUTCHEON PLATES The pump panel will be equipped with color-coded removable escutcheon plates around the suction and discharge valves. COLOR CODING Each discharge valve control, outlet, and corresponding line gauge will be color -coded. The color-coding will be: #1 Discharge - Yellow #2 Discharge – White #3 Discharge – Navy Blue #4 Discharge - Black #5 Discharge - Green #1 Pre-Connect - Orange #2 Pre-Connect - Red #3 Pre-Connect - Brown #4 Pre-Connect - Magenta Front Bumper Line - Turquoise Large Diameter Discharge – Yellow With White Border Left Hose Bed Pre-Connect - Tan Right Hose Bed Pre-Connect - Lavender Left Rear Discharge - Olive Right Rear Discharge – Light Blue Deck Gun – Silver Cobb County Purchasing Department 40 Inlets – Burgundy Tank fill Lime Green Tank to Pump - Burgundy PUMP FINISH The fire pump and attached valves will be painted to match the primary chassis frame color. The paint finish will be applied before the installation of any wiring, gauge lines, valve linkages, or operators. PUMP PANEL LIGHTS The pump panel will be illuminated by two (2) Truck-lite® model #40003 grommet mounted lights. The lights will be located one each side of the body area and positioned to properly light the panel. PUMP PANEL GAUGES AND CONTROLS The following gauges and controls will be provided at the pump panel: Two (2) certified laboratory test gauge outlets. Pump primer control. Master drain control and additional drains as needed. Tank-fill and pump cooler valve controls. Tank to pump valve control. Pump capacity rating plate. All discharge controls. Two (2) master pump gauges. Gauges on all 1-1/2" and larger discharge lines. AIR OUTLET Two (2) air chucks will be provided adjacent to the pump operator's panel, one on each side. The system will tie into the wet tank of the brake system and include an 85 -psi pressure protection valve in the outlet line to prevent the brake system from losing all air. A 25 ft. air hose will be provided. Note: Purchaser to specify type of hose fitting. MASTER GAUGES NoShok liquid filled pump pressure and vacuum gauges will be provided. The gauges will be 6" in diameter with white faces and black lettering. The gauges will have a pressure range of 30"-0-400 psi. Cobb County Purchasing Department 41 PRESSURE GAUGES While 4 inch pressure gauges were requested, with an overall small pump panel, 2.5 inch gauges are more suitable. This item can be discussed at precon with all pros and cons discussed. WATER TANK GAUGE An Innovative Controls weather proof encapsulated (14) super bright LED light indicator will monitor the water tank level and will be mounted on the pump operator's panel. The fourteen LED lights are arranged in a "V" pattern for easy identification of liquid level. When the liquid level reaches less than a 1/4 full the refill level begins to flash. The tank-sensing probe will be chemical resistant PVC with stainless steel sensing wires. The cover plate will be aluminum sub-plate, black background and blue graphics, with an outdoor exposure rated composite overlay. WATERWAY CONTROLLER & FLOWMETER The waterway valve will be an Elkhart 3" electric with a pressure gauge and flowmeter. The control head will be provided on the pump operator’s panel. The control will be of a current limiting design, requiring no clutches in the motor. The unit will have momentary open and close booted switches to operate the actuator. The controller will have an LCD bar graph to indicate valve position. The unit will have solid-state electronics to provide easy, accurate flow calibration through electric programming, two-button operation to read pressure, flow and total flow. 5/8" tall LCD numerals will show pressure and flow. The controller will have a 5-year warranty. AERIAL BODY SUB-FRAME The chassis will be fitted with a sub-frame system consisting of a series of stainless steel plate gusseted legs, extending down and out from the chassis frame rail s on each side. This system will provide additional structural support to the running boards and side compartments. A heavy-duty rear platform will be constructed of mild steel to support the rear compartments. The entire assembly will be attached to the chassis frame by a series of heavy-duty U-bolts. Self-supporting bodies will not be acceptable. APPARATUS BODY All side metal, compartments and compartment floors will be of bolted stainless steel. The body will be assembled with heavy-duty stainless steel channel sills with bracing for extreme rigidity and mounted on a steel subframe. The compartment body, pump housing and the engine compartment will be separate modules (segmented body design) that are not to be fastened together in any manner in Cobb County Purchasing Department 42 order to provide "flex joints" to alleviate stress and cracking of body compartments and running boards. Compartments will extend from the front jacks to the tailgate of the apparatus and will be recessed to the frame of the apparatus where possible. Compartments will have sweep-out flooring (no obstruction at the floor bottom). Each compartment will be properly vented with louvers. REAR COMPARTMENT BELOW HOSE BED There will be a compartment below the hose, between the frame rails, approximately 26" wide x 9-7/8" high x 88" deep. COMPARTMENTATION LEFT SIDE There will be a compartment below the turntable as follows: L1- Approximately 20-1/4" wide x 38-5/8" high x 20-1/4" deep. There will be two compartments above the rear wheels: L2- Approximately 41-3/4" wide x 19-1/2" high x 12-1/8" deep. This compartment will have a pan type lift up door equipped with “D” ring latch and gas door stay. L3- Approximately 58" wide x 19-1/2" high x 12-1/8" deep. This compartment will have a pan type lift up door equipped with “D” ring latch and gas door stay. There will be three compartments behind the rear wheels: L4- Approximately 45-3/4" wide x 48-1/2" high x 26-1/2" deep. L5- Approximately 22" wide x 48-1/2" high x 26-1/2" deep. L6- Approximately 34-3/4" wide x 40-1/8" high x 26-1/2" deep. COMPARTMENTATION RIGHT SIDE There will be a compartment below the turntable as follows: R1- Approximately 40-1/4" wide x 38-5/8" high x 27-1/2". The lower portion will be 10" deep. There will be a 14" high x 17-1/2" deep x 40-1/4" wide notch in the lower rear portion of the compartment to accommodate the apparatus exhaust system. Cobb County Purchasing Department 43 There will be two compartments above the rear wheels: R2- Approximately 41-3/4" wide x 19-1/2" high x 26-1/2" deep. This compartment will have a pan type lift up door equipped with “D” ring latch and gas door stay. R3- Approximately 58" wide x 19-1/2" high x 26-1/2" deep. This compartment will have a pan type lift up door equipped with “D” ring latch and gas door stay. There will be three compartments behind the rear wheels: R4- Approximately 45-3/4" wide x 48-1/2" high x 26-1/2" deep. R5- Approximately 45-3/4" wide x 48-1/2" high x 26-1/2" deep. R6- Approximately 34-3/4" wide x 40-1/8" high x 26-1/2" deep. ROLL-UP COMPARTMENT DOORS The apparatus body will be equipped with R.O.M Robinson Shutter doors where not stated otherwise. The door slats will be double wall box frame, manufactured from anodized aluminum. The doors will have the following features: Manufactured wholly in the United States. Concave individual slat design to prevent loose equipment from hindering door operation. Co-Extruded stretch resistant inner seal between slats to prevent metal-to-metal contact and inhibit moisture and dust penetration. Interlocking swaged/dimpled end shoes will be utilized to provide a tight fitting assembly and allow for easy removal in the event of damage. Effective counter balancing for ease of lifting and lowering the doors. One-piece side rail and track to provide and unobstructed slide area and reduce the risk of binding. Non-abrasive replaceable water and dust barrier to keep compartment equipment clean and dry. A magnetic type switch integral to the door will be supplied for door ajar indication and compartment light activation. A full width positive latch bar will be operable with one hand, even with heavy gloves. A door open indicator light will be provided in the cab. PAINTED ROLL-UP DOORS The doors will be wet painted before assembly by the door manufacturer. The paint will Cobb County Purchasing Department 44 be the same as the apparatus to achieve an exact match of paint color and have the look and durability same as on the rest of the truck. ROLL UP DOOR DRIP PAN/SPLASHGUARD Each roller shutter door will be equipped with a drip pan with built in splashguard. The drip pan will attach to the pennant plate with spring pins to allow for easy removal and cleaning. The construction of the pan will be a corrosion resistant extruded and injection molded high impact styrene. SCBA CYLINDER COMPARTMENTS There will be seven (7) spare breathing air cylinder compartments recessed in the rear fender wells, three (3) left and four (4) right. The compartments will have brushed stainless doors with equipped with a weather resistant flush fitting thumb latch. The interior of the door will incorporate a rubber seal to keep the compartment free of road debris and moisture. The interior compartment will be constructed of a high -density polyethylene plastic. COMPARTMENT MATTING Turtle Tile interlock matting material will be provided in each compartment. WHEEL LINERS Fiberglass fully radiused wheel well liners with adequate support to maintain their rigidity through adverse weather conditions will be provided. ADJUSTABLE SHELF There will be (17) adjustable shelves provided and installed in compartments as specified. The shelves will be fabricated of .188" aluminum plate. ADJUSTABLE ROLLOUT DRAWER There will be four (4) 250 lb. capacity rollout drawers supplied and installed in a compartment. The drawers will be approximately 3" deep and will be mounted on adjustable tracks. 600# SLIDE-MASTER TRAY There will be three (3) Slide-Master pullout drawers provided and installed. The drawer will have a distributed load capacity of 600 lbs. and be capable of extending 70% of its depth. The tray will be fabricated of .188" aluminum plate and have a formed lip that Cobb County Purchasing Department 45 measures 2". UNISTRUT Each compartment will come equipped with 1.625" x .875" x .125" aluminum Unistrut channel. The Unistrut will be securely fastened to the interior walls of the compartment. COFFIN COMPARTMENTS Four (4) coffin compartments will be provided as directed by the fire department. Each compartment will be mounted above current compartments. BACKBOARD COMPARTMENT A backboard compartment for two backboards will be provided as directed by the fire department. Exact location can be discussed at precon. HOSE BED The rear hose bed will be completely wide open to allow for quick and easy loading and unloading of hose thus preventing hose and hose couplings from being caught or tangled. Rear opening of the rear hose bed will be a minimum of 19" wide x 30" high x 150" deep and will be no more than 44" from the ground. Any rear hose bed opening(s) requiring hose chutes will not be acceptable. A side stacker hose bed is not acceptable. Hose bed flooring will be removable slatted aluminum. HOSE BED COVER There will be a red nylon/vinyl hose bed cover for the main hose bed. The cover will be capable of being securely fastened at the front, sides and rear. BODY HANDRAILS Handrails will be constructed of type 304 stainless steel 1.25 inch diameter tubing with bright finish and knurled gripping surface. Mounting flanges will be constructed from 7 gauge, .180 thick, stainless sheet. Each grab rail will have 90 degree returns to flanges. The ends of grab rail will pass through the flanges and be welded to form one structural unit. The handrails, will be mounted using 1.25" SS Hex bolts, with a barr ier rubber gasket at each flange. Sufficient space will allow for a gloved hand to firmly grip the rail. The rails will be located in the following areas: (Note: These are in addition to those previously mentioned in the cab section): Cobb County Purchasing Department 46 There will be one (1) handrail at the side of the pedestal. There will be one (1) handrail located at the entrance to the aerial platform There will be two (2) handrails at the rear access ladder to the platform. STEPS There will be fold-down steps mounted on each side of the front face of body to provide access to the top of the pump module area. The quantity and location of steps and handrails will meet the Current NFPA 1901 pamphlet in effect at the time the apparatus is ordered. RUB RAILS The body will be equipped with stainless tube style rub rails at the sides. Rub rails will be spaced away from the body by 1/2" polymer spacers. Sutphen’s standard aluminum handrails can be installed for a credit if desired. ALUMINUM TREADPLATE All load bearing aluminum treadplate running boards will be .155 thick bright annealed with a serrated embossed finish. Running boards and rear step edges will be flanged down for added strength. Running boards will also be flanged up to form kick plates. All non-load bearing aluminum will be .125" thick bright annealed finish. In areas where aluminum treadplate will function as a load-bearing surface, there will be a heavy steel sub-structure. This structure will consist of 3" channel and 1-1/2" angle welded support. This will assure that there will be no flexing or cracking of running boards. The aluminum will be insulated from the steel by closed cell foam body barrier material. Treadplate locations: 1. Skirting around front bumper. 2. The step at the cab entrance. 3. The jump seat steps. 4. The running boards. 5. The rear step. 6. The top of the compartments. BOOSTER TANK The tank will have a capacity of 300 U.S. gallons. Cobb County Purchasing Department 47 The tank will be constructed of 1/2" thick polypropylene sheet stock. This material will be a non-corrosive stress relieved copolymer thermo-plastic. The booster tank will be of a specific configuration and is so designed to be completely independent of the body and compartments. All joints and seams will be welded and/or formed and tested for maximum strength and integrity. The top of the booster tank is fitted with removable lifting eyes designed with a 3 to 1 safety factor to facilitate easy removability. The transverse swash partitions will be manufactured of 3/8" polypropylene and extend from approximately 4" off the floor to just under the cover. The longitudinal swash partitions will be constructed of 3/8" polypropylene and extend from the floor of the tank through the cover to allow for positive welding and maximum integrity. All partitions will be equipped with vent and air holes to permit movement of air and water between compartments. The partitions will be designed to provide maximum water flow. All swash partitions interlock with one another and are welded to each other as well as to the walls of the tank. The tank will have a combination vent and manual fill tower. The fill tower will be constructed of 1/2" polypropylene and will be a minimum dimension of 8" x 8" outer perimeter. The tower will be located in the left front corner of the tank. The tower will have 1/4" thick removable polypropylene screen and a polypropylene hinged -type cover. The tank cover will be constructed of 1/2" thick polypropylene to incorporate a multi three-piece locking design which allows for individual removal and inspection if necessary. The sump will be constructed of 1/2" polypropylene and be located in the left front quarter of the tank. The sump will have a minimum of 3" national pipe threaded outlet on the bottom for a drain plug. This will be used as a combination clean -out and drain. All tanks will have a anti-swirl plate located approximately 2" above the sump. All tank fill couplings will be backed with flow deflectors to break up the stream of water entering the tank. The tank will rest on the body cross members in conjunction with such additional cross members, spaced at a distance that would not allow for more than 530 square inches of unsupported area under the tank floor. The tank will be completely removable withou t disturbing or dismantling the apparatus structure. MASTER ELECTRICAL PANEL The main breaker panel will be wired through the master disconnect solenoid and controlled with a three-position ignition rocker switch. Circuit breakers and flashers will be located at officer's right side lower interior firewall with removable cover and schematic provided with notebook holder on outside cover. A deluxe breaker panel with up to 22 ground switched relays with circuit breaker Cobb County Purchasing Department 48 protection will be provided. An integrated electrical sub-panel will be provided and interfaced to the body and chassis through an engineered wire harness system. Twelve (12) 20-ampere and one (1) 70-ampere relay for cab lightbar and assemblies will be provided. If the option for a mechanical siren has been selected two (2) additional relays will be provided. Additional four relay boards with circuit breaker protection for additional loads. Maximum two boards (8 relays) per breaker panel. All relay boards set up to trip with input from switch of positive-negative or load manager by moving connector on board (no tools needed to do this). All relay boards will be equipped with a power-on indicator light (red), input indicator light (green) and power output indicator light (red). Up to 23 additional automatic reset circuit breakers for non -switched loads that are remotely switched (ie: heater fans, hood lights, etc.). All relays and circuit breakers on the relay boards will be pull-out/push-in replaceable. All circuit breakers on the relay boards will be 20 ampere automatic reset which can be doubled or tripled for 40 or 60-ampere capacity. The system will utilize Deutch DRC weather resistant connectors at the breaker panel, toe board and main dash connections. All internal wire end terminals, including locking connectors, will be mechanically affixed to the wire ends by matching terminal crimping presses to assure the highest quality terminations. All internal splices will be ultrasonically welded connections and all internal wiring will be high temperature GXL type wire that is protected by wiring duct wherever possible. All switches will be ground controlled; no power going through any rocker switch. Any switch controlling a relay in the breaker panel will be capable of being set to function only when the parking brake is set. All relays will be tagged with the function that the relay is controlling. BODY ELECTRIC SYSTEM All body electrical wiring in the chassis will be XLP cross link-insulated type. Wiring is to be color-coded and include function codes every three (3) inches. Wiring harnesses will Cobb County Purchasing Department 49 be routed in protective, heat resistant loom, securely and neatly installed. Two power distribution centers will be provided in central locations for greater accessibility. The power distribution centers contain automatic thermal self -resetting breakers, power control relays, flashers, diode modules, daytime driving light module, and engine and transmission data links. All breakers and relays are utilized in circuits which amp lo ads are substantially lower than the respective component rating thus ensuring long component life. Power distribution centers will be composed of a system of interlocking plastic modules for ease in custom construction. The power distribution centers ar e function oriented. The first is to control major truck function and the second controls overhead switching and interior operations. Each module is single function coded and labeled to aid in troubleshooting. The centers also have accessory breakers an d relays for future installations. All harnesses and power distribution centers will be electrically tested prior to installation to ensure the highest system reliability. All external harness interfaces will be of a triple seal type connection to ensur e a proper connection. The cab/chassis and the chassis/body connection points will be mounted in accessible locations. Complete chassis wiring schematics will be supplied with the apparatus. The wiring harness contained on the chassis will be designed t o utilize wires of stranded copper or copper alloy of a gauge rated to carry 125% of maximum current for which the circuit is protected without exceeding 10% voltage drop across the circuit. The wiring will be uniquely identified by color code or circuit function code, labeled at a minimum of every three (3) inches. The identification of the wiring will be referenced on a wiring diagram. All wires conform to SAEJ1127 (Battery Cable), SAEJ1128 (Low Tension Primary Cable), SAEJ1560 (Low Tension Thin Wall Primary Cable). All harnesses will be covered with moisture resistant loom with a minimum rating of 300 Degrees Fahrenheit and a flammability rating of VW -1 as defined in UL62. The covering of jacketed cable has a minimum rating of 289 degree Fahrenheit. All harnesses are securely installed in areas protected against heat, liquid contaminants and damage. The harness connections and terminations use a method that provides a positive mechanical and electrical connection and are in accordance to the device manufacturers instructions. No connections within the harness utilize wire nut, insulation displacement, or insulation piercing. All circuits conform to SAE1292. All circuits are provided with low voltage over current protective devices. These devices are readily accessible and protected against heat in excess of component rating, mechanical damage, and water spray. Star washers are not used for ground connections. BACK-UP ALARM An Ecco model SA917 automatic self -adjusting electronic back-up alarm producing Cobb County Purchasing Department 50 87-112 db will be installed at the rear between the frame rails. It will operate whenever the transmission’s reverse gear is selected. COMPARTMENT LIGHTING Each compartment will be equipped with two (2) LED light strips which will provide a consistent pattern to illuminate to entire compartment. Provisions will be made for the installation of customer furnished radio. ANTENNA MOUNTING Two (2) customer supplied radio antennas will be installed in the cab roof with the coax cables run to the radio mounting areas. The radio location will be determined at the pre-construction meeting. LICENSE PLATE BRACKET A license plate bracket will be provided at the rear of the apparatus. A Weldon Technologies light part # 9186-23882-30 will be mounted directly above the license plate area for proper illumination. REAR VISION CAMERA SYSTEM Provided and mounted on the apparatus will be a Safety Vision SV -CLCD-70 camera kit. The system will consist of one (1) cab mounted model SV-LCD70 7” LCD monitor, one (1) model SV-620 (Color) high resolution 1/3” CCD camera, one (1) SV-LCD70-CBQKIT Control Box, and one (1) SV-523 65’ camera cable. The monitor will be dash mounted in plain view of the driver. The kit is capable of having three (3) additional cameras installed for a total of four (4). TAIL/STOP/TURN LIGHTS The taillights are to be Whelen 600 LED style. The brake/tail lights to be four (4) red and exceed SAE requirements. The turn signal will be populated in an arrow pattern, amber in color. The backup lights are to be halogen. A backup alarm, actuated by backup light circuit, will be provided. LED ICC/MARKER LIGHTS LED type ICC/marker lights will be provided to meet D.O.T. requirements. FLEXIBLE MARKER LIGHTS A Britax L427.200.L12V LED flexible marker light will be mounted on the rear lower Cobb County Purchasing Department 51 corners of the body, one each side. STEP LIGHTS Whelen 2G Series LED 4" step lights will be provided, one each side on the front compartment face at pump panels, one at turntable step, and one each side of rear step. GROUND LIGHTING The apparatus will be equipped with lighting capable of illumination to meet NFPA requirements. Lighting will be provided at areas under the driver and crew riding area exits and will be automatically activated when the exit doors are opened. The ground lights will be Truck-lite® LED model #44042C. Lighting required in other areas such as work areas, steps and walkways will be activated when the parking brake is applied, provided the ICC lights are on. WORK LIGHTS There will be two (2) Unity brand AG 6" chrome plated sealed beam flood lights provided. The lights will be securely mounted at the upper rear of the apparatus body. Each light will be supplied with individual switches. SCENE LIGHTS Two (2) pair of Whelen 900 LED scenelights will be installed in polished housings as specified. The lights will have 24 Super LEDS. Halogen lights were requested for this application and a credit can be given if they are desired. OPTICAL WARNING SYSTEM The optical warning system will be capable of two separate signaling modes during emergency operations. One mode will signal to drivers and pedestrians that the apparatus is responding to an emergency and is calling for the right-of-way and the other mode will signal that the apparatus is stopped and is blocking the right-of-way. Switching will be provided that senses the position of the parking brake. A master optical warning device switch will be provided to energize all of the optical warning devices provided. All lights will operate at not less than the minimum flash rate per minute as specified by NFPA. UPPER LEVEL WARNING DEVICES The upper level is divided into zones A, B, C and D and the approved lighting package to be provided will be as follows: Cobb County Purchasing Department 52 Zone A (front) will have one (1) Whelen Model FN72QLED 12 LED Freedom Series 72” Lightbar. Zone B (right side) will be covered by the module from the lightbar and the right rear stanchion beacon. Zone C (rear) will have two (2) Whelen Model MCFLED2R Micro Edge Freedom LED light bars mounted on the rear stanchions and two (2) Whelen Model 60A00FAA amber LED, mounted at upper rear of apparatus. Zone D (left side) will be covered by the module from the lightbar and the left rear stanchion beacon. TRAFFIC ADVISOR A Whelen LED TAL852 Traffic Advisor with a TACTRL1 Control Head will be provided. This unit will be of the two-piece design. Each section will be approximately 1 -1/2" high x 2-1/2" deep x 22" long. Each section will have a four (4) LED lamp group, and wi ll be in a cap style extruded aluminum housing with black powder painted finish, and surface mounted on each side of the hosbed at the top of the rear body panel. The high intensity LED's are rated for over 100,000 hours of operation and have extremely low current consumption. The Control Head has a four function rotary switch for selection of: center to left, center to right, center to left and right, or flash patterns. The dip switch on the rear panel selects the choice of eight (8) different programm able flash patterns. The Control Head features a visual LED status display. The control head will be mounted within easy reach of the driver or officer. LOWER LEVEL WARNING DEVICES The lower level is divided into zones A, B, C and D and the approved lighting package to be provided will be as follows: Zone A (front) will have a stainless steel warning light housing each side with Two (2) Whelen 600 Super LED red lights mounted in the front of each housing. The inboard pair of lights is in addition to the minimum NFPA warning system and will be wired through a load-shedding device. Zone B (right side) will have four (4) Whelen 600 Series Super LED red lights mounted one on the side of the headlight housing, one at the middle of the apparatus, one on t he body side at rear of apparatus, and one on the side of the aerial device. Zone C (rear) will have two (2) Whelen 600 Series Super LED, red lights mounted one each side of the rear of the apparatus. Cobb County Purchasing Department 53 Zone D (left side) will have four (4) Whelen 600 Series Super LED, red lights mounted one on the end of the headlight housing, one at the middle of the apparatus, one on the body side at rear of apparatus and one on the side of the aerial device. LED WARNING LIGHTING There will be two (2) extra pair of Whe len Model 600 Series Super LED red lights mounted on the apparatus. The placement of the lights is to be determined by the fire department. SIREN One (1) Whelen Model 295 SLSA1 electronic siren will be installed at the cab instrument panel complete with noise canceling microphone. The horn button in the steering wheel, a switch on right hand side of cab floor and the control on the siren head will actuate the siren. A selector switch will be provided on the instrument panel for control of horn or siren by steering wheel button. FEDERAL Q2B SIREN There will be a Federal Q2B-NN siren installed in the center of the cab grille. The siren will be securely mounted and activated by means of a solenoid and will include a brake. A siren foot switch will be provided for both the driver and officer, one on each side of the cab floor. SIREN SPEAKER One Cast Products SA4201-5-A weatherproof siren speaker will be provided, mounted behind the bumper. GENERATOR The apparatus will be equipped with a complete ele ctrical power generation system. A Smart Power hydraulic 10.0 KW generator will be provided and installed. The generator and wiring will conform to present National Electric Codes as outlined in the National Fire Protection Association Standards. The output of the generator will be controlled by an internal hydraulic system. An electrical instrument gauge panel will be provided for the operator to monitor and control all electrical operations and output. The generator will be powered by a transmission power take off unit, through a hydraulic pump and motor. The generator will be operable anytime that the apparatus engine is running and meeting the minimum range of 950 Cobb County Purchasing Department 54 RPM’s. 120-VOLT OUTLET Three (3) 120-volt outlets with weatherproof coversshall be provided. All 120 volt wiring will be installed in liquid tight conduit. LIGHT SWITCH Two (2) remote switches will be provided on the pump panel to activate the quartz lights. BREAKER BOX A circuit breaker box will be provided with eight (8) spaces for breakers which will be provided as needed. All wiring will be installed in liquid tight conduit. RECESSED 1500 WATT FLOODLIGHT Fire Research Optimum model OPA250-M15 recessed light will be installed. The housing will incorporate internal heat-dissipating fins and have cutout dimensions not to exceed 3 1/4" deep by 5 3/4" high by 15" wide. The lamphead will protrude no more than 1 1/2" from the housing flange. Wiring will extend from the bottom of the recessed housing. The lamphead will have one (1) quartz halogen 1500 watt 240 volt bulb. The bulb will draw 6.25 amps and generate 35,000 lumens. The bulb will be accessible through the front. The lamphead will incorporate a vacuum deposit polished reflector to produce a uniform beam that lights up an a rea 100° vertically by 150° horizontally. The lamphead will have a heat dissipating curved front lens. The curve of the lens will have a radius of 5.16 inches to optimize light emission. Lamphead and brackets will be powder coated white. Location of floodlight will be determined at pre-conference. RECESSED 900 WATT FLOODLIGHTS Four (4) 900 Watt Fire Research HIR Optimum light heads will be installed as specified by Department at precon. TELESCOPIC 900 WATT FLOODLIGHT Two (2) 900 watt 240 volt Fire Research Optimum floodlights will be installed in the platform and will be telescopic. WHELEN PIONEER PLUS LED BROW LIGHT A Whelen model PFP2 LED brow light will be provided. The light will be mounted at the Cobb County Purchasing Department 55 front of the cab. The light will be controlled from a switch in the cab. GROUND LADDERS The apparatus will be equipped with 115’ of heavy duty, box type "I" beam rail, ground ladders. The ladders will meet the requirements of NFPA 1931 to ensure proper design and that sufficient strength is available for the service intended. The ground ladders will be constructed of aluminum with non-welded, field replaceable rung to rail connections to simplify field repairs. Removable plated steel butt spurs will be utilized for added strength. A full 1/2", non-rotting, poly rope will be provided for easy ladder operation. DUO SAFETY LADDERS One (1) 10 ft. folding ladder, (mounted in fly section) One (1) 14 ft. combination ladder One (1) 18 ft. roof ladders One (1) 20 ft. roof ladder One (1) 24 ft. 2-section extension ladder One (1) 35 ft. 2-section extension ladder The ladders will have lifetime Warranty against manufacturing defects. LADDER ENCLOSURE The ground ladders will be stored within a weather resistant enclosed area on the officer’s side of the hosebed area. The ladders will be mounted on non -metallic slides so each ladder can be removed individually. All ladders will be stored on beam if possible. A vertically hinged treadplate door will enclose the ladders on the rear. CORROSION REDUCTION POLICY The manufacturer will have in place a formal corrosion reduction program and assembly procedures designed for reducing and eliminating the possibility of corrosion. It is understood that fire apparatus will operate in harsh environments. At the time of the bid the apparatus manufacturer will show proof of a corrosion policy. Failure to submit this information could be grounds for rejection. If a formal policy is not in place explain in your bid how your firm will take the necessary steps for corrosion reduction. There will be no exception to this requirement. Cobb County Purchasing Department 56 In addition to a formal program the manufacture will show proof of testing corrosion reduction processes to ASTMB117. A copy of recent test will be included in the bid. Frame Rails The chassis frame rails will be coated with a high performance, two component, reinforced inorganic zinc rich primer with a proven cathodic protection makeup preferably Cathacoat 302HB. The surface will be clean and free of all sal ts, chalk and oils prior to application. Were the primer has been broken during the frame assembly process the area will be touch up to reestablish the seal. Prior to finish paint a second primer Devran 201 will be applied. Once the assembly of the frame is complete and the second primer is applied the entire assembly will be covered with high quality top coat paint preferably Imron 5000 or equal. The manufacturer will submit with the bid a copy of the product brochure and or description of the primer to be used. Electro Plating Steel and Iron brackets such as the pump module bracket will be Zinc plated to protect against corrosion. Plating will be in accordance with ASTM B663. The apparatus manufacturer will list all components with plating. Fasteners In any area that a stainless steel screw or bolt head is to come in contact with aluminum or steel, painted or non-painted, the fastener will have the underside if the head pre-coated with nylon. The nylon coating will act as a barrier between the fast ener head and the metal or painted surface. Screw or bolt taped into the metal will be pre-coated with a Threadlocker type material pre-applied on the threads. When bolting together stainless steel the manufacturer will use a pan-head bolt with nylon coating under the head, a stainless washer with a rubber backing, and a Stover flange nut to secure the bolt. When mounting aluminum components such as a step to the apparatus body. The manufacturer will use stainless washers with rubber backing. Al l mounted components will a barrier material between the two surfaces. All rivet type fasteners will be of the same material being secured. Whenever possible, pre-drill and tap all holes for mounting components such as lights, steps and hand rails prior to the paint process to reduce the corrosion opportunity. If a hole must be drilled into a previously painted surface, re-establish the paint barrier around the hole and use a flange-type nutsert with a gasket under the flange. Where possible, minimize the number of stainless trim screws in aluminum. Structural Cobb County Purchasing Department 57 tape and or adhesive will be used were possible for mounting trim to the body or cab. If a pre-treated screw or bolt is not available, hand apply Dynatex Boltlocker or Theadlocker on the threads of the screw, bolt or nutsert. This will help seal threads from moisture and help prevent the fasteners from loosening. If lubricant is used when tapping the hole, clean out the lubricant and the shavings before applying blue Threadlocker into the hole. Barrier Tape Barrier tape will be used on the backsides of all lights, trim pieces, or other components when bolting them to the apparatus; also when attaching stainless steel over an aluminum surface or when attaching aluminum treadplate to the stainless steel. All instances of dis-similar metals contacting each other require the addition of barrier tape between the metals where contact is made. Before applying the tape, be sure the metal surface is clean from oil or dirt by cleaning the surface with a 50/50 mix of alcohol and water pr similar solvent. Gaskets Gaskets will be used under all snaps, loops and fasteners for such items as for hose bed covers. Reestablish paint seal around the mounting hole edges after drilling. Mounting with Threadlocker coating will be used. Flat washers with rubber backing will be used behind all lights that have stainless screws. Rollup Doors 1 3/4" X 1/16” barrier tape will be used on the frame opening to act as barrier between the aluminum door rail and the painted door opening surface. Use a paint stick around the holes after drilling and tapping. In mounting the rails, use screws with the nylon under the head and Threadlocker on the threads for mounting the doorframes. Install barrier tape to the painted surface where the trim is located on top of the door opening. Hinged Doors Barrier tape will be applied to the painted surface of the body and on the painted hinge side of the door. On the hinge side, mount tape out toward the edge to space over the barrel of the hinge, being sure to not touch the door. Cobb County Purchasing Department 58 Make sure the hinge fits into the extrusion frame with no corner weld beads interfering with the door fit. Do not put the hinge in a bind or cause the stainless steel hinge to touch the aluminum. Install the doors using a truss head bolt with the nylon coating under the head and Threadlocker on the threads. Painting Steel The manufacturer will wipe any oil residue dry, remove any rust and remove weld slag or smoke. Clean the surface with solvent before painting. Prime with one even coat of black Color primer, and then spray a topcoat over the primer for the finish coat. After bolts are tightened to the proper torque, touch up the bolt area and ends of the bolts with primer or cold galvanizing coating. Mounting Emergency Lights and Options All emergency lights, accessory mountings, Kussmaul covers, and 1 10 outlet boxes mounted to the body should be mounted with pre-coated Threadlocker and nylon under the head screws or bolts to minimize corrosion between dissimilar metals. Electrical Grounding Grounding straps will be installed consisting of a minimum 2-gauge strap bolted to the chassis frame. A ground cable from the cab to the right side frame rail From the alternator to the right side frame rail From the pump module frame to the right side truck frame. Aerials: from the hydraulic and pump module framework. From the pump mount to the truck frame rail. From the body module to the right side truck frame. Proper grounding will help eliminate ground loop problems throughout the truck, reducing the possibility for electrolysis and corrosion to occur. Provide clean connection points on all ground connections, (remove paint where applicable), and spray or brush on electrical sealer as necessary. When installing foam system pump wiring the power must come from a dedicated breaker to a power solenoid, and then to the power terminal provided by FoamLogix or FoamPro. Pay particular attention to the grounding detail for wire size and good grounding practice, including removing the paint at the point of ground attachment to the chassis. Keep the length of ground wire as short as practically possible. SALT SPRAY TESTING Salt spray test will be used to confirm the relative resistance to corrosion of coated and uncoated metallic specimens, when exposed to a salt spray climate at an elevated temperature. Test specimens will be placed in an enclosed chamber and exposed to a continuous indirect spray of neutral (pH 6.5 to 7.2) salt water solution, which falls-out on to the specimens at a rate of 1.0 to 2.0 ml/80cm²/hour, in a chamber temperature of +35C. Cobb County Purchasing Department 59 This climate will be maintained under constant steady state conditions. Method Salt fog testing will be performed by placing samples in a test cabinet that has been designed in accordance with Paragraph 4 (Apparatus) of ASTM B117 and operated in accordance with Paragraph 10 (Conditions) of ASTM B117. A 5% salt solution, prepared by dissolving sodium chloride into water that meets the requirements of ASTM D1193 Specification for Reagent Water, Type IV is supplied to the chamber. At the time the samples are placed into test, the cabinet should be pre-conditioned to the operating temperature of 35ºC and fogging a 5% salt solution at the specified rate. The fog collection rate is determined by placing a minimum of two 80 sq. cm. funnels inserted into measuring cylinders graduated in ml. inside the chamber. One collection device will be located nearest the nozzle and one in the farthest corner. Orientation Unless otherwise agreed upon, the samples are placed at a 15 -30 degree angle from vertical or tested in the “installed” position. This orientation allows the condensation to run down the specimens and minimizes condensation pooling. Overcrowding of samples within the cabinet should be avoided. An important aspect of the test is the utilization of a free-falling mist, which uniformly settles on the test samples. Samples should be placed in the chamber so that condensation does not drip from one to another. Test durations Test durations will be 500 hours except for sample rotation and daily monitoring of collection rates, the cabinet should remain closed for the duration of the test. PAINTING The apparatus will undergo extensive pre-paint preparation. All cab and body trim parts are to be removed prior to painting. All appliance -mounting holes are to be drilled and de-burred prior to painting. This allows mounting holes to be primed and painted. Before prime and finish coats are applied, the complete apparatus will be properly prepared and treated to permit the best possible adhesion of the primer and finish coats. All materials used in the paint process will be of the of the highest quality available. Modern methods will be employed to assure the finest finish sur face possible. All priming, surfacing and painting will be done in a modern down draft or cross flow paint facility. Experienced personnel trained by the paint manufacturer will perform all paint application in order to provide the highest quality and most enduring paint finish available. Both aluminum and steel surfaces to be painted will be primed with a two (2)-component primer which is compatible with the finish coat. The apparatus will be finish painted with a polyurethane base/clear system. “No Exception” Utilizing the stainless steel body fabrication, the interior of all compartments, inside hose Cobb County Purchasing Department 60 bed and surrounding areas adjacent to compartments doors will remain a #4 brushed stainless steel finish. This practice will eliminate the possibility of paint chipping, and electrolysis of aluminum, which can cause corrosive action between dissimilar metals. The chassis, compartment doors, front and rear jack doors, and rear fender panels will be painted the color indicated. A barrier gasket/washer of "High Density Closed Cell Urethane Foam" will be used behind all lights, handrails, door hardware and any miscellaneous items such as stainless steel snaps, hooks, washers and acorn nuts. The gaskets/washers will be coated with pressure sensitive acrylic adhesive. All screws used to penetrate painted surfaces will be pre-treated/coated under the head with nylon and the threads will have pre -coat #80. This procedure will be strictly adhered to for corrosion prevention and damage to the finish painted surfaces. The following paint process will be utilized: Surface Preparation: 1. Wash surface thoroughly with mild detergent. 2. Clean and de-grease with Prep-Sol 3812S. 3. Sand and feather edge using 400 grit or finer on a dual action sander. 4. Remove sanding dust with a cleaner compatible with polyurethane base coat/clear coat final finish. Substrate treatment: 1. Use a Metal Conditioner followed with a Conversion Coating product. Priming: 1. Use a priming 615S pretreatment. 2. Use a self etching primer applied to achieve a 1.5 mil dft minimum. 3. Use Prime N Seal sealer compatible with polyurethane base coat. Color Coat: 1. Apply polyurethane base coat 1-2 mil dft minimum. Clear coat: 1. Apply polyurethane clear coat 2 mil dft minimum. TURNTABLE PAINT The turntable, side plates and lift cylinders will be painted silver. PAINT PACKAGE The ladder sheaves, extension cylinder and yoke will be painted silver. Cobb County Purchasing Department 61 PAINTED FRAME The frame rails, fuel beam, and body subframe will be painted glossy black. LETTERING Standard lettering package of 30-60 letters is included in bid price. Any additional graphics or lettering can be acquired from Chandler Graphics from the Graphics allowance mentioned below. STRIPING A 6" Scotchlite stripe will be provided across the front of the cab and along each side of the apparatus. Two (2) additional 1" Scotchlite stripe will be provided both above and below 6" stripe. The Scotchlite stripe will be a mitered "Z" type on the cab sides and continuing straight along each side of the apparatus. STRIPING, CHEVRON STYLE, REAR BODY, OUTBOARD The apparatus will have 6" red and yellow reflective DiamondGrade Chevron style striping affixed to the outboard right and left portion of the rear body and the aerial platform rear door(s). The striping will be set in a manner to have the effect of an inverted “V” shape. The stripe will travel low to high from the outside to the inside. STRIPING, CHEVRON STYLE, REAR COMPARTMENT DOOR AND OTHER The apparatus will have 6” red and yellow reflective DiamondGrade Chevron style striping affixed to the rear compartment door and rear platform door(s) and sides of platform. In addition the front bumper will also have diamond grade applied. The striping will be set in a manner to have the ef fect of an inverted “V” shape. The stripe will travel low to high from the outside to the inside. The sides of the platform will also have Chevron Striping. This will require smooth aluminum sides on platform. STRIPING ALLOWANCE There is a $1500 striping allowance included in the bid price on top of the graphics mentioned already above. This allowance can be used however FD sees necessary. Cobb County Purchasing Department 62 BOOM SIGN A boom sign, approximately 78" x 12", will be provided on each side of the boom. The background of the boom sign will be painted primary truck color. BOOM SIGN LETTERING Up to twenty (20) 8" 22KT Gold laminated goldleaf letters, with left hand shading and right hand outline to equal 8-5/8" letter, will be provided on each boom sign. MISCELLANEOUS EQUIPMENT FURNISHED 1 pt. touch-up paint Pike pole tubes will be provided, three each side of the rear compartment. WHEEL CHOCKS Two (2) Ziamatic #SAC-44 folding wheel chocks with SQCH-44H holders will be provided. The wheel chocks will be located in a area close to the rear axles easily accessible from the side of the apparatus. RECHARGEABLE HANDLIGHT Four (4) Streamlight® Survivor® 90064 rechargeable handlight s will be provided. RECHARGEABLE HANDLIGHT Two (2) Streamlight® SL-44401 Fire Vulcan® rechargeable handlights with 12 volt charger will be provided and mounted. SUPER VAC FAN One Super Vac model 730G4-H fan will be provided and mounted in a roll out tray. OUTRIGGER PADS Two (2) jack pads made of black high-density polyethylene material will be provided. AERIAL LOWER MAIN FRAME ASSEMBLY The mainframe assembly will be mounted mid -ship on the chassis, forward of the pump and over the transmission. This will leave the rear hose bed open for use of large diameter and regular fire hose. Cobb County Purchasing Department 63 An open tube or angle substructure for the mainframe assembly will not be acceptable. The main frame assembly base plate, located at the top of the assembly which supports and holds the turntable rotation bearing, will be a minimum 1" steel measuring 54" x 43". There will be a minimum of two steel tension and compression bars mounted underneath, fore and aft, of the main frame assembly which will tie the aerial and chassis together. The bars will function to withstand vertical torsional loads. The forward tension and compression bar will be attached from the rear area of the front spring suspension hanger to the underside area of the mainframe assembly. The rear tension and compression bar will be attached from the forward area of the rear spring suspensi on hanger to the under side area of the mainframe assembly. TURNTABLE BEARING The turntable bearing will be constructed of steel. There will be a minimum of 36 drilled and tapped holes in the turntable bearing. The diameter of the turntable bearing will be a minimum of 47". The turntable bearing will be able to rotate 360 degrees in either direction on a one inch thick steel plate. The turntable bearing will be bolted to the top of the main frame assembly using a minimum of 36 Grade 8 bolts. UPPER TURNTABLE The turntable will be a minimum of one -inch thick plate and ninety-six (96) inches in diameter. The side plates to which the main base section of the aerial ladder is connected will have a minimum height of four feet and will include I -beam gussets of approximately fifty inches in length that tolerate the side thrust and tremendous forces to which the unit would be subjected. The turntable will be bolted to the turntable bearing using a minimum of 36 Grade 8 bolts. The turntable will be equipped with two removable aluminum sections for access into the pump. The turntable side plates will be positioned at a 45 -degree angle (opposite the angle of the raise/lower cylinders) to act as a partial counter balance weight on the opposite side of the truck from the ladder extension. The turntable will be equipped with a rotating mechanism consisting of two hydraulically powered, planetary gear boxes that will handle torque loads imposed by water hammer and hose breakage. The rotating mechanism will give the turntable and boom built in coast as an added safety precaution to avoid lateral boom side -to-side deflection (reactionary whipping effect) caused by the boom being stopped suddenly. Cobb County Purchasing Department 64 A parking brake system will be provided that is capable of holding the turntable in a stationary position regardless of the angle or extension of the aerial, while carrying the manufacturer’s rated load capacity with the waterway in operation and discharging water at the tip of the aerial fly section. An override will b e provided to release the parking brake when operating with the emergency auxiliary power unit. The power operated turntable will provide continuous rotating of the aerial structure clockwise or counter clockwise, thus enabling the structure to be posit ioned in any segment through 360 degrees. The rotating mechanism will also provide sufficient power to rotate the aerial sections in any direction at any angle, fully extended, while carrying the manufacturer's rated load capacity with the waterway in operation and discharging water at the tip of the aerial fly section. Provisions will be made for emergency operation of the rotation system should loss of engine power occur. This will be done through an auxiliary power unit that is capable of providing hydraulic power to safely rotate the aerial. There will be one heavy-duty steel pivot shaft that will attach the base section of the boom (at the top and very back) to the top portion of the turntable side plates. The minimum steel shaft measurement will be 34" long, 4" diameter with 1" wall thickness. Turntables using two separate attachments to hold and position the ladder in place will not be acceptable. The complete rotation system will have built in relief to prevent damage from rotating the boom into buildings or from overloaded water streams. Suitable indicators, clearly visible at all times, will be provided to facilitate correct alignment of the turntable with the bed of the boom. An automatic light will be used to show correct alignment for be dding of the ladder from the turntable control station and the platform station. Wide access steps to the turntable will be provided on the left side of the apparatus. LOWER TURNTABLE ACCESS LADDER There will be a ladder located on the left side of the apparatus to access the turntable pedestal. The ladder will be a Ziamatic model “Quick-Lift” swing out and fold down type. The ladder will be constructed of 1.25" heavy-wall aluminum tubing and cast aluminum rungs with a non-skid footing surface. Each step will be 3.00" deep x 15.5" wide. UPPER TURNTABLE ACCESS LADDER An additional ladder will be provided on the left side turntable to allow easy access to the climbing ladder. The ladder will be constructed from heavy wall, knurled aluminum tubing 1.25" in diameter. A large treadplate step with a Gripstrut insert will be located at the top to act as a landing. The entire assembly will be securely bolted to the upper turntable side plate. Cobb County Purchasing Department 65 INTERLOCK An interlock will be provided that prevents operation of the aerial device until the chassis spring brakes have been set and the transmission has been placed in neutral or the transmission is in the drive position with the driveline to the rear axle disengaged. An interlock will be provided that allows operation of the engine speed control only after the chassis spring brakes have been set and the transmission is in neutral. An interlock system will be provided to prevent the lifting of the aerial device from the travel position until all the stabilizers are in a configuration to meet the stability requirements. The interlock system will also prevent the moving of the stabilizers unless the aerial device is in the travel position. ROTATION LIMITING SYSTEM An aerial rotation limiting system will be provided to notify and prevent the operator from rotating the aerial into a restricted position due to a "short-set" outrigger configuration. The system will enable the operator to place the aerial in a 180 -degree rotation to the opposite side of the apparatus than that of the "short-set" outriggers only. The aerial will automatically slow down when it approaches the limit of rotation travel. The system will be capable of rotating the aerial two degrees past the centerline of the apparatus on the "short-set" side to enable bedding of the aerial within the travel support structure without system cutout. Indicator lights will be provided to assist with set-up and troubleshooting of the system. SMART BOOM WARNING SYSTEM This system will warn both audibly and visually of impending contact with either the cab or the body of the truck. When in an area of impending contact, the system will shift the aerial controls into a reduced speed "creep mode" but will not limit travel of the aerial. Both rotation interlock and the smart boom warning system will display information on a visual LED information center mounted at the turntable control pedestal and in the platform. HYDRAULIC SYSTEM A flange mounted 30 GPM hydraulic pump will be driven by a power take off unit that is Cobb County Purchasing Department 66 connected to the chassis transmission to provide the power required for operating the aerial. The hydraulic system will have a minimum hydraulic reservoir for 65 gallons of special hydraulic fluid. The hydraulic reservoir will be located at the left side of the lower mainframe assembly. The hydraulic fluid must be discharged through a fine mesh stainless steel strainer. Within the system, pilot operated check valves will be incorporated so that all valves hold in their respective function(s). A ten (10) micron return filter of 40 gpm capacity, with replaceable cartridge, will be provided. The hydraulic system will also incorporate automatic by-passes to compensate in the event the boom is forced into a building or the operator accidentally movi ng the control valve in the opposite direction while at full speed. The hydraulic system will provide coast in the lift cylinders to prevent the outrigger jack system from coming off the ground. This will be accomplished through programmable platform controls that limit the acceleration and deceleration of the boom. Intercooling of the hydraulic oil will be accomplished through a built in heat exchanger to cool oil at all times. All hydraulic lines will be of the double braided type, with synthetic cov er, rated at 12,000-psi burst pressure or above. A PTO hour meter will be provided to record the time when the aerial hydraulic system is engaged. CONTROL PEDESTAL There will be an aerial control pedestal located on the left side of the turntable. The control station will encompass three electric over hydraulic proportional lever type controllers for raising/lowering, extending/retracting, and rotating the aerial device. The turntable pedestal controls will have manual overrides within the console us eable through an access door. The lower pedestal controls will cancel the platform controls under all conditions. The pedestal will have removable panels for access to the hydraulic lines, valves and electrical wiring. There will also be a hinged cover at the top of the control station for additional access. The following additional items will be mounted at the top of the turntable pedestal control station: a] on/off control switch for light to display control station for night time operation and for boom lights (one light mounted on each side of the boom) b] on/off control switch for high speed foot control of the hydraulic system Cobb County Purchasing Department 67 c] intercom communication system controls d] plaque displaying functions for each pedestal boom operation e] plaque displaying rated load capacity for the platform f] Deactivation switch of the electric platform controls (all upper power) with the turntable electric controls remaining operable. A safety guardrail will be provided at the turntable pedestal control station to prevent the operator from falling. INCLINOMETER An illuminated inclinometer will be provided and mounted in plain view of the pedestal operator location. BOOM TRACKING LIGHTS Two (2) Unity, 6" spot lights will be provided, one on each side of the boom base section to light the aerial device for night time operation. AUXILIARY HYDRAULIC POWER A 12-volt auxiliary pump will be provided to supply emergency power to the hydraulic system. This system will be operated off the truck batteries and provide limited but adequate power to operate the boom and outrigger jacks under emergency conditions. OUTRIGGER GROUND JACKS The outrigger control station will be located between the L1 compartment and the left hand outrigger. The single outrigger control station will control all outrigger operations allowing for a one-person operation and quick set-up. Individual control valves will be supplied for each mode of outrigger operation. There will be a plaque located next to each control displaying the function. A two position hydraulic transfer valve (diverter valve) will be installed to direct hydraulic power to either the outrigger operations or the boom operations to prevent operation of both circuits at the same time. Fluid capacity plate for all lubricants and filter part numbers will be provided. There will be three other controls located at the outrigger control station: Cobb County Purchasing Department 68 a] on/off switch for auxiliary hydraulic motor b] high speed control for hydraulic system c] on/off switch for electrical power to pedestal and platform. The mid-ship mounted outrigger jack rams will have a minimum bore and stroke of 5"x 23". Outriggers that employ exposed hydraulic lines will not be acceptable. The extendable outrigger stabilizers, when fully extended, will have a spread of 20 feet. The stabilizer sections will have a minimum overlap of 43" for safety and stability. The stabilizers will be operated independently or simultaneously and may be positioned to accommodate obstructions such as curbs, pavement depressions, parked vehicles, or any other hindrance. The extendable portion of the outrigger stabilizers and the support in the mainframe will be constructed of reinforced structural tubing, Type A500 Grade B or equivalent. Poly wear pads will be installed between inner and outer tubes. The extendable portion of the outrigger will ride on UHMW (ultra high molecular weight) slideblocks. There will be two rear jacks located directly behind the rear tandem axle area, one each side of the vehicle, designed to extend straight down to take the weight off the rear suspension system. This will enable the vehicle to be set up in tight or confining spaces with cars, additional fire apparatus, or other obstructions nearby. Any beam or contributing structural member, through which the jacks supports the weight of the boom (aerial sections), or any position of the apparatus plus the live loads peculiar to fire fighting operations, will be of ample strength to carry these loads without evidence of stress, bending, twisting or other failure(s). Pilot operated check valves will be incorporated on each jack cylinder and manual pin locks will be provided for each main outrigger jack, for additional safety. There will be an audible alarm and warning light that are automatically activated when the outriggers are being deployed. FRONT SUSPENSION LOCKING CYLINDERS Two (2) hydraulic suspension-locking cylinders will be provided. The cylinders will be mounted to the chassis frame rails directly above the front axle. The cylinders will be activated when the main outrigger system is deployed. BOOM ASSEMBLY An elevated platform of the telescopic design consisting of a minimum of five sections will be provided. Cobb County Purchasing Department 69 The five sections produce a compact retracted length, allowing the platform to be positioned in tight or confined spaces at lower degrees of elevation. All sections will be of the lightweight open lattice, non-crossing enclosed box design of truss type construction to obtain optimal stability at full horizontal reach. The telescoping sections will be constructed from heat-treated 6061-T6 aluminum alloy material fastened by Aircraft type Huck bolts. There will be no welding on the boom so as not to lower the yield strength of the material and cause torsional f racture, grain distortions and unequal conductivity. There will be a minimum of 500 Aircraft type Huck bolts per section of boom. The base section of the boom will have a section modulus of 468 in.3 and a resisting bending moment of 16,000,000 in. lb. T he base section will also consist of two heavy-duty steel side plates; one mounted each side of the boom. The steel side plates will be Huck bolted into place and will function to tie the boom, turntable, and lift cylinders together. There will be trailing beams attached to the side plates that will function to position and anchor lift cylinders into place and to distribute shock loads imposed by water hammer or hose breakage. The boom will be left in a natural aluminum finish. Painting the boom will not be acceptable. The boom will have the capability to shed ice build up during freezing conditions. AERIAL PLATFORM DEVICE An aerial platform device with a minimum 100 -foot vertical reach will be provided. The height dimension will be calculated with the boom at 80 degrees. The horizontal reach of the device will not be less than 89 feet. The overall height of the apparatus with the aerial device in the bedded positions will be no more than 11 feet, 6 inches and the overall length of vehicle will be not more than 45 feet, 9-3/4 inches. CLIMBING LADDER A NFPA compliant climbing ladder with high handrails will be provided for a continuous escape way and accessibility to and from the platform. Each section of the ladder will be attached to a specific boom section allowing the ladder to extend automatically at the same rate as the boom. The climbing area will be free of cables, waterway and extension cylinders. The ladder climbing area will be a continuous escape way free of all obstacles. LOAD CAPACITIES The following load capacities will be established with the stabilizers at full horizontal extension and placed in the down position. Capacities will be based upon full extension and 360 degree rotation. Cobb County Purchasing Department 70 50 MPH WIND CONDITION (DRY) The aerial platform will have a rated capacity of 1000 pounds at any elevation or extension. This condition will be with “NO WATER” flowing or in the waterway. 50 MPH WIND CONDITION (WET) The aerial platform will have a rated capacity of 500 pounds at any elevat ion or extension. This condition will be “WITH WATER” flowing or in the waterway. LIFTING CYLINDERS The raising and lowering mechanism will consist of two hydraulic cylinders approximately 7" in diameter. The cylinders will be attached to the boom asse mbly in a manner that requires only 50% of the lifting force. The cylinders will be capable of lifting the full rated load of 1000 lb. with the boom at full horizontal extension with less than 1500 psi. hydraulic pressure. The power operated raising and lowering cylinders will provide movement of the ladder and platforms rapidly and smoothly without undue sway or vibration. A positive locking device will be provided so the desired angle of elevation can be maintained indefinitely without dependence upon engine power. As a safeguard feature, the lifting system will be structurally and hydraulically designed and mounted to prevent rapid descent (lowering) of the aerial unit in the event of detachment, failure or hydraulic hose break. In the event of failu re of any raising mechanism during operation, the gravity descent of the ladder will be kept at a speed, which will prevent damage to the equipment or danger to personnel. Provisions will be made to prevent damage at full raise and lowering. There will be a pilot controlled check valve on each cylinder. EXTENSION AND RETRACTION The boom and platform will be extended by dual hydraulic rams mounted midway between the upper and lower main rails of the base section. The cylinders will be mounted at the ends of the base section and supported through the middle to accommodate the load stress(s) of the boom. The hydraulic cylinders will extend the second section so that both cylinders hydraulically equalize and provide the additional safety feature of a doub le extension system. The extension/retraction cylinder shaft size will be a minimum of 3" in diameter. Each cylinder rod will have a tubular design to save weight. The third, fourth, and fifth sections will be connected to the second section of the boom by Cobb County Purchasing Department 71 dual aircraft cables. This design feature will eliminate the extra weight of hydraulic cylinders on the outer sections when extended to the side of the apparatus. The design will be such that the operating hydraulic pressures of the main system will be 2,000 psi or less. Once again, as a safeguard feature, the system will be structurally and hydraulically designed and mounted to prevent rapid descent (retraction) of the aerial unit should a detachment, failure or hydraulic hose break. All sections of the boom will extend and retract (slide) on special polymer slide blocks. Each slide block will be bolted into place and will be removable for inspection and maintenance. There will be minimum of 44 slide blocks throughout the five sections of the boom for proper alignment and stability. OPERATIONAL TEST After starting the engine, setting the jacks and transmitting power to the platform, a complete cycle of the platform operation will be carried out as follows: With one person operating the machine from the platform control station, raise the platform from horizontal, rotate through a 90 degree turn and extend to full specified height. This will be completed in less than 150 seconds, smoothly and without vibration. The platform will then be retracted and lowered to its starting position after which a thorough inspection will be made of all moving parts with special attention given to the platform leveling system. This test will be repeated employing the controls at the lower pedestal control statio n. The effectiveness of the lower control override will be demonstrated. WATER SYSTEM TO THE PLATFORM Water will be supplied through a machine honed and fitted telescopic waterway constructed of high tensile aluminum. The waterway sections will be prov ided with special pack gland type seals for minimum maintenance and the seals will be located on the inside of the telescoping waterway. Waterway seals located on the outside of the waterway will not be acceptable due to the decreased life expectancy caus ed by foreign particles and bad weather conditions damaging seals. The waterway will be completely enclosed by the boom sections with supports for the end of each waterway section. This will leave the bottom side of each boom section completely free of extension/retraction cylinders, waterway supply line and waterway supports, hydraulic lines and nozzle(s) from possible damage due to the boom accidentally hitting against roof cornice or other types of constructions. The water supply line will come directly off the main pump discharge manifold and will be piped through smooth high pressure piping without the use of 90 degree chicksan joints, to reduce friction loss. A full flow ball valve to eliminate any possibility of water hammer on the waterway will control the water flow. The water will be passed through a special 4" passage-rotating swivel designed to also provide hydraulic passages and electrical Cobb County Purchasing Department 72 circuits to the turntable. A 1.5” waterway drain valve will be provided, and controlled from the pump operator’s panel. Waterway piping immediately above the hydraulic swivel will have one 90 degree elbow connected to a straight pipe attached to a reinforced smooth bore hose. There will be no chicksan swivels or multiple bends or twists of the waterway pipe immediately above the hydraulic swivel, which would increase friction loss. The waterway diameter at the base section of the boom will have a minimum inside diameter of 3-1/4" and will finish in the fifth section of the boom with a minimum inside diameter of 5-1/4". This will be done in order to decrease the friction loss as much as possible while increasing the water flow. The waterway and platform nozzles will have the capability of flowing a minimum of 2,000 gallons per minute. Two (2) automatic relief valves, at the top and the bottom of the waterway, will be provided in to eliminate any damage to the waterway by pressure shock or retracting the boom with the drain valve closed. PLATFORM ACCESS LADDER There will be an aluminum treadplate access ladder furnished near the rear of the body, on the left side, to access the platform. The ladder will be furnished with a drop down aluminum step to allow easy access when the vehicle is set -up on the outriggers. Each step will be illuminated for night operation. PLATFORM AND EQUIPMENT The platform will be constructed of heat reflecting reinforced aluminum to protect occupants against flash fires and freezing weather. The platform will have a minimum floor area of 19.5 sq. ft. and will be provided with closed sides, 42" high all around. The platform will be completely enclosed along the floorboard to protect occupants. There will be four doors in the platform, two in the front and two in the rear, each of which will be provided with a suitable safety latch. All doors will latch and open inward to avoid accidentally falling from the platform. A total of four (4) anchor points will be provided within the platform for the attachment of safety harnesses. A slip-resistant front access step will be provided, full width of the platform, approximately 8-1/2" wide. The front corners will be chamfered for accessibility to parapets and roofs. Drain openings will be provided to prevent water accumulation in the platform. The platform-supporting member will be a welded steel fabrication in the form of a yoke. The yoke supporting tube will be bolted to the fly section of the boom. The platform will Cobb County Purchasing Department 73 be attached to the yoke supporting tube through two swivel points, one each side, above center. The position of the supporting yoke tube will enable the platform to reach over roof cornices and other obstructions and position the platform directly on top of the roof without damaging the platform undercarriage, waterway supply line, hydraulic lines or boom sections. A platform leveling system will be provided and so designed that the platform together with its rated load will be supported and maintained level in relation to the turntable regardless of the position of the boom or sections. This will include dual hydraulic cylinders on each side of the platform (four cylinders total) and a self -contained hydraulic leveling system (fully enclosed) in the end of the boom so that no hydraulic lines, reel or base controls have to travel through the telescoping sections, helping to eliminate service problems or failure of the leveling system due to ruptured lines or leaking reels. The platform pivots will be mounted above center (characteristic of a ferris-wheel suspension) to prevent dumping the platform should a malfunction of the leveling system occur. As a safety feature, should a malfunction occur, there will be an emergency manual override control to level the platform. PLATFORM BOOM OR SECTION BED LOCK An interlock device will be provided which will prevent action and movement of the retracted elevating platform boom or sections in their bed until the ground jacks are placed in position to stabilize the vehicle. The interlock device will be located at the outrigger control station. LOAD LIMITATIONS Load instruction plates will be located at the turntable pedestal control station and the platform control station indicating the safe load of the platform. The platform will carry the rated load capacity indicated in the following manner: raise, extend, rota te, retract and lower without exceeding the hydraulic pressures prescribed by the manufacturer. Extensions, retraction, and elevation functions can be operated simultaneously. THE PLATFORM will BE CAPABLE OF CARRYING ITS RATED LOAD SAFELY IN ANY POSITION OF OPERATION ACCORDING TO NFPA #1901. PLATFORM SPOT LIGHT A Unity 6" spotlight will be provided on the top rail of the platform for the use of the operator. PLATFORM CONTROLS FOR BOOM OPERATION The platform control station will be on the forward wall of the platform, centered for ease in operator viewing while operating the platform. The three controls will control the Cobb County Purchasing Department 74 functions of raising and lowering, extension and retraction and rotation of the aerial. The placement of the controls will conform to NFPA. The controls will be of the electronic type. This system will provide diagnostic functions to aid in trouble shooting as well as programmable features to control speed, acceleration and deceleration. The controls will be lighted for nighttime operation. All electrical connections to the control panel will be made through waterproof connections and be easily removed or replaced for service. The following additional items will be located at the platform control station: 1] On/off control switch for light to illuminate controls for nighttime operation. 2] Foot operated switch for high-speed control of the hydraulic system. 3] A button to activate “creep mode” of the aerial operation 4] Slave intercom station allowing "hands free" operation of the intercom. 5] A "rungs aligned for climbing" for all high-handrail aerial ladder platforms. 6] A low breathing air pressure warning alarm. A red vinyl cover will be provided to cover the control panel in the aerial platform. The cover will be secured at the top and snaps will be used at the bottom. INCLINOMETER An illuminated inclinometer will be provided and mounted in plain view of the aerial platform operator. 120 VOLT CIRCUIT TO PLATFORM One (1) 20 amp electrical circuit utilizing 12 gauge 3 conductor electric cable will be provided to the tip of the ladder. The circuit will be wired from an enclosed terminal strip below the turntable through the collector ring assembly. One (1) female receptacle, with environmental cover, will be located be low the aerial platform controls. Cobb County Purchasing Department 75 LEFT SIDE PLATFORM MONITOR The left side platform monitor will be an Elkhart Vulcan manual hand wheel controlled. The monitor will be attached directly to the platform supporting yoke with a valve to control the flow of water. RIGHT SIDE PLATFORM MONITOR The right side platform monitor will be an Elkhart Vulcan manual hand wheel controlled. The monitor will be attached directly to the platform supporting yoke with a valve to control the flow of water. LEFT SIDE MONITOR NOZZLE The left side monitor will be equipped with an Elkhart SM-1250 fog nozzle with stream shaper (282-A). RIGHT SIDE MONITOR NOZZLE The right side monitor will be equipped with an Elkhart ST -194 quad stack tips and Elkhart 282-A stream shaper. AUXILIARY YOKE OUTLETS Directly behind each turret a 2-1/2" NST outlet, reduced to an 1-1/2" with cap and chain, will be provided as auxiliary outlets with gate valves near the platform. A hose carrier for 50 ft. 1-1/2" hose will be provided in the platform. WATER CURTAIN A water spray system will be provided beneath the platform and controlled by a hand operated valve inside the platform. The spray system will provide 75 GPM of water in a 25 ft. diameter water curtain below the platform. As a safety factor, one or both turret nozzles may be directed straight down for large volumes of water directly below. INTERCOM A Fire Research Model IC201 intercom system will be provided between the platform and the lower control station. The platform station will be a "hands free" model while the lower "master" station will utilize a noise canceling handheld microphone. The finish will be black chrome powder coat. Cobb County Purchasing Department 76 BREATHING AIR SYSTEM A breathing air system to the platform will be provided. One 4500-psi DOT cylinder, with pressure regulator, relief valve, and low air warning alarm, will be mounted on the aerial turntable. The system will terminate in the platform with a three place manifold, ready to accept the customer supplied air fittings . All valves, pressure regulators and gauges will be protected from accidental damage. BREATHING MASK STORAGE Storage will be provided for breathing masks in the platform. AIR BOTTLE REFILL There will be a screw-type shutoff valve and a CGA air fittin g supplied on the air system plumbing to which a refill hose can be connected. The fitting will be installed with a stainless steel tee. There will be a protective dust cap installed on the air line fittings. The air storage bottle will be refillable without disconnecting the air line plumbing. STOKES STORAGE BOX A storage box will be attached to the side of the base section of the aerial for the storage of a Stokes style rescue stretcher. The box will be constructed from smooth aluminum plate, and will be provided with a polished aluminum treadplate lid. The boom sign will be mounted to the outside of the box. STOKES ARMS There will be two arms mounted under the front step of the platform that swing out and lock in the deployed position to provide support for a full size stokes basket and victim. The arms and platform will have six anchor points to securely tie down a basket and victim. EXTRA SET OF JACK PADS An extra set of poly jack pads will be provided as specified. LIFTING EYE A single lifting eye will be attached to the fly section of the boom for the purpose of hoisting a stokes basket. When a stokes basket is suspended from the eye, the basket will be able to be reached by an attendant in the platform. Capacity of the eye will be 800 lb. and any weight suspended from it will be subtracted from the rated capacity of the Cobb County Purchasing Department 77 platform. OPERATION AND SERVICE MANUALS Complete "Operation and Service" manuals will be supplied with the completed apparatus, one (1) printed copy and one (1) CD. Service manual instructions will include service, maintenance and troubleshooting for major and minor components of the truck. The apparatus manufacturer will supply part numbers for major components (i.e. Engine, Axles, Transmission, Pump, etc.). A table of contents, hydraulic, air brake and overall apparatus wiring schematics will be included. A video demonstration DVD on the operation of the truck will be supplied with the manuals. WARRANTIES The following warranties will be supplied: 1. The apparatus will be warranted to be free from mechanical defects in workmanship for a period of two (2) years or 30,000 miles, whichever comes first. The apparatus will be covered for parts and labor costs associated with repairs for a period two (2) years or 30,000 miles, whichever comes first. 2. Life-time warranty on the frame. 3. Seven (7) year warranty on paint. 4. Ten (10) body structural warranty 5. Ten (10) year cab structural warranty 6. Two (2) year aerial mechanical warranty 7. Twenty (20) year aerial structural warranty 8. Manufacturers Warranties for all major components. DELIVERY The custom built fire apparatus will be driven from the manufacturing facility to the community by a factory trained delivery engineer who will thoroughly demonstrate the complete apparatus operation and maintenance to the fire department designated personnel. MANUFACTURING & LOCATIONS The apparatus will be manufactured in facilities wholly owned and operated by the company. A complete stock of service parts, and service will be provided on a 24 hours around the clock basis. The company will maintain parts and service for a minimum period of twenty (20) years on each apparatus model manufactured. Cobb County Purchasing Department 78 LIFE CYCLE COST Municipalities in the United States are utilizing life cycle cost in the bid evaluation. Sutphen champions the industry in keeping life cycle cost low.. We target the areas of a fire apparatus that could be very costly over a 7-12 year life time from normal use. Overall weight being lowered saves fuel, brakes, tires, urea, etc. Steel subframe under cab lowers the likeliness of structural cracks, costly paint repairs and keeps fire fighters safer in case of an overturn situation. Stainless, covered battery box reduces maintenance cost Our aircraft aluminum boom gives no risk of repainting, keeps inspection cost down, makes for easier operations on all hydraulics with less weight, etc, etc Our Huck bolted boom keeps maintenance cost down, out of service time to a minimum and makes most boom repairs field repairable. Protected waterway, cables, and wiring up the boom reduces risk of major repairs. Full stainless body reduces likeliness of rust or corrosion. All of these areas provide much lower life cycle cost. Along with these initial items Sutphen is the only manufacturer in the world who offers a Harvest Program on our aerials which can save a Sutphen aerial customer $150,000 - $250,000 every 7-12 years. This program is explained below. SUTPHEN AERIAL HARVEST PROGRAM Sutphen in recent years has developed what we call the Sutphen Aerial Harvest Program. This program is where we take your retired aerial (1987 model and newer) and we put that aerial boom, jack system, water pump, and platform on a brand new chassis and body. We developed this because our aircraft aluminum aerial design never deteriorates as does normal aluminum or steel products due to rust and corrosion from the inside out. Rust and corrosion can’t be stopped on Steel regardless of the process taken. A Sutphen aerial never deteriorates. Our Huck Bolted design is also lifelong because they are replaceable on site as needed. There are no welds to crack after 40 years of use thus assuring Sutphen and the customer that a 20 year structural warranty is rene wable over and over. This program would allow you to take any current Sutphen aerial or this aerial being bid, in the future and Harvest it with significant savings to you. The Harvested Aerial would have brand new warranties including a 20 structural warranty on boom and a 2 year mechanical. All wearable items on the boom like hydraulic cylinders, cables, sheaves , wiring, slide blocks, etc would be replaced with new. We only use the main frame of aerial for the harvest. The harvested aerial boom would be in new condition once completed. On normal harvest options, the savings is between $150,000 and $250,000 depen ding on what items are replaced and what items are reused. These items are decided on by Fire Cobb County Purchasing Department 79 Department and price is dictated by those items directly. The most recent harvested aerial we have proposed gave a savings of $195,000.00 compared to a new unit. While bid prices are unknown to us, we are guaranteeing $150,000 - $250,000 savings in 7-12 years or at whatever time Cobb County wanted to Harvest this aerial being bid. We also extend this exact offer to every Sutphen Aerial that Cobb County currently o wns. Considering Life Cycle Cost combined with Sutphen’s Harvest Program, Sutphen is almost always justifiable as the lowest bid. If there are questions or concerns with this Harvest Program offer, please call Matt Williams or Jeffrey Williams at 800 -239-7900 Cobb County Purchasing Department 80 rf -1 HOMEOF'THF E;E;=T '�� �[ r , , � �' , :�z:I.,EM I 1--,T0 N -1p Ftifrll;f fel If [� �i3d� CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 6, 2013 FROM: City Manager AGENDA ITEM: Consideration of the Second Amendment to Intergovernmental and Sublease Agreement between the City of Milton and the City of Milton Public Buildings and Facilities Authority MEETING DATE: Monday, December 16, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: {}APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (� YES (} NO CITY ATTORNEY REVIEW REQUIRED: (� YES O NO APPROVAL BY CITY ATTORNEY ( APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: /7--1/,/ 3 REMARKS W] You M PHONE: 678.242.2500 j FAX: 678.242.2499 ?►�ceQ1wuM� Green`- * . *�+i,a' Community ' c io ,, infoUcityofmiltonga.us I www.cityofmiltonga.us I E(hi 13000 Deerfield Parkway, Suite 107 J Viton GA 30004 d - 1 - SECOND AMENDMENT TO INTERGOVERNMENTAL AND SUBLEASE AGREEMENT BETWEEN CITY OF MILTON AND CITY OF MILTON PUBLIC BUILDINGS AND FACILITIES AUTHORITY This SECOND AMENDMENT TO INTERGOVERNMENTAL AND SUBLEASE AGREEMENT (this “Amendment”) is made this ____ day of ________, 2013 by and between CITY OF MILTON PUBLIC BUILDINGS AND FACILITIES AUTHORITY, a public body corporate and politic and a public corporation formed under the laws of the State of Georgia (“Tenant”) and THE CITY OF MILTON, GEORGIA, a municipal corporation formed under the laws of the State of Georgia (“Subtenant” or “City”) (hereinafter each individually referred to herein as a “Party” and collectively as the “Parties”). W I T N E S S E T H: WHEREAS, the Tenant and Subtenant entered into that certain Intergovernmental and Sublease Agreement dated July 16, 2012 (the “Sublease”) pursuant to which the Subtenant sub-leased from the Tenant the entirety of the Premises, as defined in Section 1.a. of the Lease (the “Premises”); and WHEREAS, the Tenant and Landlord have agreed to amend the Lease pursuant to the terms provided in the Second Amendment to Office Lease, attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, Tenant and Subtenant wish to amend the Sublease to adopt the terms of the Second Amendment to Office Lease. NOW THEREFORE, for and in consideration of the mutual obligations contained herein, ten dollars ($10.00) paid by Subtenant to Tenant, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Tenant and Subtenant hereby amend the Sublease to adopt the terms of the Second Amendment to Office Lease, attached hereto as Exhibit A and incorporated herein by reference. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the day and year first above written. [SIGNATURES ON FOLLOWING PAGE] - 2 - TENANT: CITY OF MILTON PUBLIC BUILDINGS AND FACILITIES AUTHORITY, a public body corporate and politic and a public corporation formed under the laws of the State of Georgia By: ___________________________ Name: ________________________ Its: ___________________________ Attest: _______________________ Name: _______________________ Its: __________________________ (AUTHORITY SEAL) Sworn to and subscribed before me this ________ day of _______, 2012. ________________________ _ Notary Public (Notary Seal) SUBTENANT: CITY OF MILTON, GEORGIA, a municipal corporation formed under the laws of the State of Georgia By: __________________________ Name: _______________________ Its: __________________________ Attest: _______________________ Name: _______________________ Its: __________________________ (CITY SEAL) Sworn to and subscribed before me this ________ day of _______, 2012. ________________________ Notary Public (Notary Seal) - 3 - EXHIBIT A [INSERT COPY OF SECOND AMENDMENT TO OFFICE LEASE] - 4 - SECOND AMENDMENT TO OFFICE LEASE This SECOND AMENDMENT TO OFFICE LEASE (this "Amendment"), effective October 1, 2013 (“Extension Commencment Date”), by and between LBUBS 2006-C1 NORCROSS OFFICES LIMITED PARTNERSHIP, a Georgia limited partnership having an address of c/o Colliers International-Atlanta, Inc., 5871 Glenridge Drive, Suite 400, Atlanta, Georgia 30328, Attn: Property Manager (“Landlord”), and CITY OF MILTON PUBLIC BUILDINGS AND FACILITIES AUTHORITY, a public body corporate and politic and a public corporation formed under the laws of the State of Georgia having an address of c/o The City of Milton, Georgia, 13000 Deerfield Parkway, Suite 107, Milton, GA 30004, Attn: City Manager (“Tenant”). W I T N E S S E T H: WHEREAS, Landlord and Tenant entered into that certain Office Lease dated July 16, 2012 (the “Lease”) as amended by the First Amendment dated November 19, 2012, pursuant to which Tenant leased from Landlord a certain premises consisting of 23,809 rentable square feet ("RSF") in Suite 107 of the building commonly known as Building 100 (the "Building"), located at 13000 Deerfield Parkway, Milton, Georgia 30004 (the "Original Premises"); WHEREAS, Landlord and Tenant now wish to amend the Lease on the terms and conditions contained in this Amendment in order to, among other things, amend the New Premises Commencement Date, extend the Term of the Lease and restructure the Base Rental Schedule. NOW, THEREFORE, for good and valuable considerations paid by each party to the other, receipt of which is hereby acknowledged, the parties agree as follows: 1. Incorporation of Recitals; General Provisions. The above recitals are true and correct and are incorporated herein as if set forth in full. All capitalized terms in this Amendment shall have the same meaning as in the Lease, except if otherwise noted. Except as amended and modified by this Amendment, all of the terms, covenants, conditions, and agreements of the Lease shall remain in full force and effect. In the event of any conflict between the provisions of the Lease and the provisions of this Amendment, this Amendment shall control. 2. Basic Definitions and Provisions. Section 1(a) of the Lease is hereby amended and restated as follows: "Premises. Rentable Square Feet (RSF): Original Premises (Premises from 10/1/2012 through 3/31/17): 23,809 square feet (under BOMA standard of measure (ANSI-Z 65.1-1996)), as - 5 - shown in Exhibit A attached hereto New Premises (Premises from 4/1/2017 through 9/30/2020): Either 11,792 square feet or 12,017 square feet (under BOMA standard of measure (ANSI-Z-65.1-1996)), as shown in Exhibit A attached hereto Suite: Building: Street Address: City/County: State/Zip Code 107 100 13000 Deerfield Parkway Milton, Fulton Georgia, 30004" Section 1(b) of the Lease is hereby amended and restated as follows: Commencement Date: October 1, 2012 Extension Commencement Date: October 1, 2013 Expiration Date: September 30, 2020. 3. The Term of the Lease is hereby extended such that the Lease Expiration shall be modified from September 30, 2016 to September 30, 2020. 4. Base Rent. Effective as of the Extension Commencement Date, Section 1(e) of the Lease is hereby amended and restated as follows: "Base Rent. The minimum base rent (“Base Rent”) for the Term is payable in monthly installments on the 1st day of each month in accordance with the following Base Rent schedule: Period Annual Rate per RSF 10/1/13 - 9/30/14 $15.30 10/1/14 - 9/30/15 $15.76 10/1/15 - 9/30/16 $16.23 10/1/16 - 9/30/17 $17.21 10/1/17 - 9/30/18 $17.72 10/1/18 - 9/30/19 $18.25 10/1/19 - 9/30/20 $18.80 - 6 - 5. New Premises. Section 2(b) of the Lease is hereby amended to read as follows: Effective as of April 1, 2017 (“New Premises Commencement Date”), Tenant shall surrender to Landlord a portion of the Original Premises (the “Released Premises”), which Released Premises shall consist of either (a) 12,017 rentable square feet (“Released Premises Option A”) or (b) 11,792 rentable square feet (“Released Premises Option B”), as shown on Exhibit A attached hereto, except as provided in Section 2.f. herein, in the condition prescribed by Section 8.d. of this Lease. From and after the New Premises Commencement Date, wherever reference is made in this Lease to the “Premises”, such term shall be deemed conclusively (a) to consist of 11,792 rentable square feet (“Retained Premises Option A”) if Tenant elects Option A or 12,017 rentable square feet (“Retained Premises Option B”) if Tenant elects Option B, as shown on Exhibit A attached hereto (and all such calculations which are derived from the square footage of the Premies shall be adjusted accordingly as of such date, including, without limitation, Tenant’s Proportionate Share of any increase in Operating Expenses), and (b) to refer for all purposes to the “New Premises”. Tenant shall provide written notice of its election of the Released Premises Option 30 days prior to the New Premises Commencement Date. Tenant hereby agrees to accept the New Premises in its then-current “AS IS, WHERE IS” condition, and Landlord shall have no obligation to upfit or renovate the New Premises in connection with or as a condition to Tenant’s occupancy. Effective as of the New Premises Commencement Date, the Lease shall terminate relative to the Released Premises, and Tenant shall be released from all obligations under this Lease relative to the Released Premises, except for those for which this Lease expressly provides shall survive expiration or earlier termination of the Lease and as provided in Section 2.f. herein. 6. Option of Tenant to Terminate Lease. Provided that Tenant has not been in default of the Lease or subleased the Premises to an entity other than the City of Milton or assigned the Lease to an entity other than the City of Milton, then Tenant shall have a one-time option to cancel the Lease effective May 31, 2019 by giving Landlord nine (9) months’ prior written notice and paying a cancellation fee in an amount equal to $57,868.92. 7. Counterparts. This Amendment may be executed in counterparts each of which shall be deemed an original and all of which together shall constitute one instrument. A PDF or facsimile signature shall be deemed for all purposes to be an original. 8. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Landlord agrees that, during performance of the Office Lease, Landlord, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age - 7 - or disability. In addition, Landlord agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 8 in every subcontract for services contemplated under the Office Lease. 9. Everify. Pursuant to O.C.G.A. § 13-10-91, the Tenant shall not enter into a contract for the physical performance of services, wherein the labor or services exceed $2,499.991, unless Landlord shall provide evidence on Tenant-provided forms, attached hereto as Exhibits “A” and “B” (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 Landlord’s subcontractors, if any, have 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 Tenant contract to ensure that no unauthorized aliens will be employed. Landlord hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “A,” and submitted such affidavit to the Tenant. Further, Landlord hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event Landlord employs or contracts with any subcontractor(s) in connection with the covered contract, Landlord agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.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 “B”, which subcontractor affidavit shall become part of the Landlord/subcontractor agreement. If a subcontractor affidavit is obtained, Landlord agrees to provide a completed copy to the Tenant within five (5) business days of receipt from any subcontractor. Landlord agrees that the employee-number category designated below is applicable to Landlord. ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Landlord hereby agrees that, in the event Landlord employs or contracts with any subcontractor(s) in connection with this Lease, Landlord will secure from the subcontractorss) such subcntractors(s’) indication of the above employee-number category that is applicable to the subcontractor. 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.. 1 Though this is a Landlord/Tenant lease for commercial space; this Agreement contemplates that the Landlord will provide maintenance services to the Tenant which fall within the definition of the physical performance of services. Therefore, out of an abundance of caution, Everify will be observed. - 8 - 10. Broker Disclosure. Tenant and Landlord herey understand and agree that, with respect to this Lease, (1) Colliers International – Atlanta, Inc. is representing Landlord, (2) Newmark Grubb Knight Frank is representing Tenant, and both Colliers and Newmark Grubb Knight Frank shall be compensated by Landlord in accordance with a separate written agreement. No other agent is involved in this transaction. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have executed this Agreement the day and year first hereinabove written. LANDLORD: LBUBS 2006-C1 NORCROSS OFFICES LIMITED PARTNERSHIP, a Georgia limited partnership By: LBUBS 2006-C1 NORCROSS OFFICE GP, LLC, a Georgia limited liability company, its general partner By: LNR PARTNERS, LLC, a Florida limited liability company, successor by statutory conversion to LNR Partners, Inc., a Florida corporation, its Manager By: ________________________ Name: ______________________ Title: _______________________ TENANT: CITY OF MILTON PUBLIC BUILDINGS AND FACILITIES AUTHORITY, a public body corporate and politic and a public corporation formed under the laws of the State of Georgia By: Name: Title: EXHIBIT “A” STATE OF GEORGIA COUNTY OF FULTON LANDLORD AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned Landlord 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 on behalf of the Tenant has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned Landlord will continue to use the federal work authorization program throughout the contract period and the undersigned Landlord will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Landlord hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Landlord _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] EXHIBIT “B” STATE OF GEORGIA COUNTY OF FULTON 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 the Landlord on behalf of the Milton Public Facilities Authority has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13 -10- 91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL]