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Agenda Packet CC - 01/29/2018 - Packet
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Matt Kunz Laura Bentley Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, January 29, 2018 Regular Council Meeting Agenda 6:00 PM INVOCATION – Pastor Jerry Dockery, Crabapple First Baptist Church, Milton, GA 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 18-022) 5) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 29, 2018 Page 2 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 6) CONSENT AGENDA 1. Approval of the January 8, 2018 Regular City Council Meeting Minutes. (Agenda Item No. 18-023) (Sudie Gordon, City Clerk) 2. Approval of an Agreement between the City of Milton and BIS Digital, Inc. for Court Recording Software and Equipment. (Agenda Item No. 18-024) (Brooke Lappin, Court Clerk) 3. Approval of a Grant Request for the Acquisition of a Second Police K-9. (Agenda Item No. 18-025) (Rich Austin, Police Chief) 4. Approval of a Renewal of a Contract Agreement between the City of Milton and Wanna Play Baseball, Inc. for the Concession Stand Operations at Bell Memorial Park. (Agenda Item No. 18-026) (Jim Cregge, Parks and Recreation Director) 5. Approval for the Purchase of a Pierce Enforcer Engine-Pumper for Milton Fire-Rescue from Ten-8 Fire Equipment, Inc. (Agenda Item No. 18-027) (Robert Edgar, Fire Chief) 6. Approval of an Agreement between the City of Milton, Crabapple Merchant Association and Promotional Mojo Regarding Responsibilities and Obligations Related to the Co-Hosting of Rock for Rescues. (Agenda Item No. 18-028) (Courtney Spriggs, Community Outreach Manager) 7. Approval of a Memorandum of Understanding with the Firehouse Subs Foundation for the Management of the Bullet Resistant Vest Grant for Milton Fire-Rescue. (Agenda Item No. 18-029) (Robert Edgar, Fire Chief) 8. Approval of a Professional Services Agreement between the City of Milton and Barge Design Solutions, Inc. for TSPLOST Batch 2 Design Services. (Agenda Item No. 18-030) (Sara Leaders, Transportation Engineer) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 29, 2018 Page 3 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 9. Approval of Change Order #1 to Provide Construction Inspection of FY17 Resurfacing and Reconstruction Project. (Agenda Item No. 18-031) (Sara Leaders, Transportation Engineer) 10. Approval of Change Order #1 for Construction Services Agreement for Milton Downtown Wayfinding Signage Project. (Agenda Item No. 18-032) (Kathleen Field, Community Development Director) 11. Approval of a Settlement Agreement with Comcast Cable Communications, LLC for Underpayment of Franchise Fees. (Agenda Item No. 18-033) (Stacey Inglis, Assistant City Manager) 12. Approval of the following Subdivision Plat: Name of Development / Location Action Comments / # lots Total Acres Density 1. Mark Brown Property LL 998 & 1019 Arnold Mill & Ranchette Combo Plat Combine 3 lots into 1 Lot 22.75 .04 Lots / acre (Agenda Item No. 18-034) (Melissa Branen, Plan Review Manager) 7) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing 110th Birthday Celebration for Elsada Miriam Duncan, Evangelist. (Mayor Joe Lockwood) 2. Update from the City of Milton Cultural Arts Committee. (Sarah LaDart, Economic Development Manager) 8) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Chapter 60 “Vegetation” to Delete “Vegetation” and Replace with “Tree Canopy Conservation Ordinance” of the City Code of Ordinances. (Agenda Item No. 18-035) (Discussed at City Council Work Session on November 13, 2017) (Kathleen Field, Community Development Director ) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 29, 2018 Page 4 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 2. Consideration of an Ordinance to Amend Appendix A, Fees and Other Charges of the Milton City Code to Add Chapter 60 Vegetation. (Agenda Item No. 18-036) (Kathleen Field, Community Development Director) 9) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATIONS 1. Consideration of the Issuance of an Alcohol Beverage License to Au Pan Crepe, LLC. D/B/A Au Pan Crepe, 5310 Windward Pkwy, Suite E, Milton, Georgia 30004. (Agenda Item No. 18-037) (Bernadette Harvill, Finance Director) 2. Consideration of the Issuance of a Limited Alcohol Beverage License to Just for Giggles, 12635 Crabapple Road, Suite 250, Milton, Georgia 30004. (Agenda Item No. 18- 038) (Bernadette Harvill, Finance Director) 3. Consideration of the Issuance of an Alcohol Beverage License & a Limited Alcohol Beverage License to Mugs on Milton, D/B/A Laurel & May Market, 12630 Crabapple Road, Suite 120, Milton, Georgia 30004. (Agenda Item No. 18- 039) (Bernadette Harvill, Finance Director) PUBLIC HEARING 1. Consideration of an Ordinance to Amend the Fiscal Year 2017 Budget to Address the Recognition of Property Tax Revenues and for Other Purposes. (Agenda Item No. 18-010) (First Presentation at City Council Meeting on January 8, 2018 ) (Stacey Inglis, Assistant City Manager) 2. Consideration of an Ordinance to Amend the Fiscal Year 2018 Budget to Address the Recognition of Property Tax Revenues. (Agenda Item No. 18-011) (First Presentation at City Council Meeting on January 8, 2018 ) (Stacey Inglis, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 29, 2018 Page 5 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 10) ZONING AGENDA 1. Consideration of RZ17-09 Text Amendment to Article XIX – Crabapple Form Based Code, 4.9 as it Relates to Parking. (Agenda Item No. 18-008) (First Presentation at the January 8, 2018 Regular Council Meeting) (Discussed at City Council Work Session on January 22, 2018) (Kathleen Field, Community Development Director) 2. Consideration of RZ17-10 Text Amendment to Article XX – Deerfield Form Based Code, 4.9 as it Relates to Parking. (Agenda Item No. 18-009) (First Presentation at the January 8, 2018 Regular Council Meeting) (Discussed at City Council Work Session on January 22, 2018) (Kathleen Field, Community Development Director) 11) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend the Fiscal Year 2017 Budget to Address the Recognition of Property Tax Revenues and for Other Purposes. (Agenda Item No. 18-010) (First Presentation at City Council Meeting on January 8, 2018 ) (Public Hearing at City Council Meeting on January 29, 2018) (Stacey Inglis, Assistant City Manager) 2. Consideration of an Ordinance to Amend the Fiscal Year 2018 Budget to Address the Recognition of Property Tax Revenues. (Agenda Item No. 18-011) (First Presentation at City Council Meeting on January 8, 2018 ) (Public Hearing at City Council Meeting on January 29, 2018) (Stacey Inglis, Assistant City Manager) 12) NEW BUSINESS 1. Request for Sewer Extension of 4 Lots Located Contiguous to the Manor Subdivision on Hamby Road. (Agenda Item No. 18-040) (Steve Krokoff, City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 29, 2018 Page 6 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 2. Consideration of a Resolution of the Milton City Council to Re-Adopt the Five GMA Ethics Principles for Recertification to be a Georgia Certified City of Ethics. (Agenda Item No. 18-041) (Ken Jarrard, City Attorney) 3. Consideration of a Settlement Agreement Related to BZA Secondary Variance V17-07 Regarding Appeal of Site Plan Approval for 12455 Broadwell Road. (Agenda Item No. 18-042) (Ken Jarrard, City Attorney) 4. Consideration of the following Subdivision Plats: Name of Development / Location Action Comments / # lots Total Acres Density 1. Annandelle Land Lot 383 Freemanville Road Final Plat 25 Lots 33.255 .75 Lots / Acre 2. Kensley Phase I Land Lot 1049 Webb Road Final Plat Revision 29 Lots 7.689 3.77 Lots / Acre (Agenda Item No. 18-043) (Melissa Branen, Plan Review Manager) 13) MAYOR AND COUNCIL REPORTS Department Updates 1. Community Development 2. Police 3. Finance 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 18-044) TO: [TOIT11 AGENDA ITEM: MEETING DATE: .MILTON" k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 22, 2018 Steven Krokoff, City Manager �0 " Approval of an Agreement between the City of Milton and BIS Digital, Inc. for Court Recording Software and Equipment. Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,�4PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4-'�ES () NO CITY ATTORNEY REVIEW REQUIRED: (,,VYES () NO APPROVAL BY CITY ATTORNEY: (, APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: b► ) Z9I 20115 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Brooke Lappin, Clerk of Court Date: 1/4/18 for the January 29, 2018 Regular City Council meeting Agenda Item: Approval of An Agreement between the City of Milton and BIS Digital, Inc. for Court Recording Software and Equipment. _____________________________________________________________________________________ Project Description: Granicus recording system has been used to record all court/council sessions in the past. When City hall was relocated Granicus was unable to be utilized at two separate locations. All Municipal Court sessions must be recorded. We are currently recording directly to the Court room computer’s hard drive with a free recording software. This does not allow us to easily archive and retrieve recordings. This new system will allow the court to easily access recordings and produce a response for any future open records requests. Procurement Summary: Purchasing method used: 3 Verbal Quotes ($1,000-$4,999) Account Number: 100-2650-521200000 $ 965 100-2650-523850103 $ 850 100-2650-542401000 $1,995 100-2650-542500000 $1,185 Requisition Total: $4,995.00 Vendor DBA: Other quotes or bids submitted (vendor/$): NA Vendor/Firm Quote/Bid JCG technologies 7785.00 Central voice 3590.00 BIS Digital, Inc. 4995.00 Page 2 of 2 Financial Review: Bernadette Harvill 1/12/18 Legal Review: Sam Van Volkenburgh 12/12/17 Attachment(s): Recording System Support Agreement between the City of Milton and BIS Digital, Inc. BIS Digital Integrating Excellence TM *1111. DCR „ p Business Information Systems, Inc 1350 NE 5611 Street, Suite 300 Ft. Lauderdale, FL 33334 Phone: 954-493-7377 Fax: 954-493-6541 Recording System Support Agreement Between: BIS Digital, Inc. 1350 NE 561 Street, Suite 300 Fort Lauderdale, FL 33334-6142 Phone: (800) 834-7674 Fax: (877) 858-5611 Email: support@bisdigital.com And: City of Milton, Georgia ("USER") Attn: Clerk of Court 13000 Deerfield Pkwy, Ste 107E Milton, GA 30004 Phone: 678.242.2526 Contract #: BIS Digital, Inc. or its appointed service representative agrees to provide system support for the software and hardware listed below, in accordance with the terms and conditions of this agreement. TERMS AND CONDITIONS A. The term of this agreement is for a period of (12) months from the effective date. Either party upon written receipt, with a ninety 90 -day notice, may cancel this agreement. In the event of early termination of service agreement, BIS Digital, Inc. will refund monies based upon contract amount prepaid by customer less actual cost of service provided during abbreviated term, or pro rated amount based upon time remaining in contract term rounded to end on month of termination, whichever is less. B. The agreement entitles the USER to 24 hours per day, 7 days per week telephone support and on-site support Mon- Fri (8am — 5pm EST) on covered items. C. User training: This agreement covers all user training at the USER's site during the term of agreement at mutually agreed upon times. D. This support agreement is for the USER's integrated system, purchased through a separate purchase order issued on or around the date of this service agreement. Any changes or enhancement required due to modifications to the City's system will be billed additionally. E. Charges for maintenance and support for reasons outside of BIS Digital's control, arising from neglect, negligence, misuse, acts of god or modifications to, or failures of systems software and/or hardware not covered under this contract resulting in corruption of BIS Digital software setup/configuration shall be billed at BIS Digital's published rates. 2. COVERAGES A. DCR Software (all BIS Digital supplied licenses). This support agreement is for the USER's current DCR Software version. The USER is not obligated to upgrade since support is available for previous versions. DCR Software Assurance, which provides for all new feature and function upgrades, are billed at an additional $300/yr per system, and any purchase of this Assurance will be reflected in a separate purchase order. BIS Digital will provide on-line user training as well as on-line diagnosis and repair (web connection required). B. Hardware (all BIS supplied Tower PCs, Servers and Video and Telco Interface Boards). BIS will provide replacement or repair. BIS Digital will repair or replace system critical parts at customer site. Customer will be responsible for shipping defective part to BIS Digital. * Special Note: CPU and Motherboards on computers over 48 months old may no longer be available causing the computer to be obsolete. In this event, BIS will provide a $300 computer replacement credit. C. Hardware Accessories (Digital Mixers, PA components, Microphones, Hearing Impaired Devices, USB Foot Controls). BIS Digital will provide replacement or repair. Customer will Page 1 of 3 Initials: BIS Digital Customer BIS Digital 12ME118 Integrating Excellence TM Business Information Systems, Inc 1350 NE 56t" Street, Suite 300 Ft. Lauderdale, FL 33334 Phone: 954-493-7377 Fax: 954-493-6541 be responsible for shipping defective unit to BIS Digital. BIS Digital will replace or repair and ship back to customer. D. Excluded Hardware (Laptop Computers, All Display Monitors and Headsets). BIS Digital will handle repairs via Manufacturer's warranties (ie: Dell, Toshiba,) but will offer no extended warranties directly. E. On -Site BIS Digital Technical Support. BIS Digital will provide on-site technicians for emergency service during normal working hours at no charge. Emergency is defined to be a complete system down. 3. CUSTOMER RESPONSIBILITY A. A proper backup of all data on a regular interval. B. A USER appointed systems administrator to act as a liaison with the support department. 4. CONFIDENTIALITY A. BIS Digital, Inc. agrees that all data that may be entered into the system is strictly confidential and shall remain the property of the USER. Business Information Systems shall not, without prior written consent, disclose to any third party any such data acquired in connection with this agreement or any other services. 5. PAYMENT A. Invoices shall be sent once per year and payment shall be due in full upon receipt. B. At Business Information Systems' option, support coverage may be halted for non- payment of any invoice greater than sixty (60 -days) beyond the due date. 6. LIABILITY A. In no event shall Business Information Systems, Inc. be liable for any indirect losses or damages, or any other claims of indirect loss arising in connection with this agreement to the USER, including loss of earnings due to equipment down time. B. Business Information Systems' sole responsibility with respect to the maintenance and support shall be limited to those outlined in this agreement. This contract covers the following equipment Initials: Page 2 of 3 BIS Digital stomer BIS Digital 12MIllo Integrating Excellence TM Business Information Systems, Inc 1350 NE 56"' Street, Suite 300 Ft. Lauderdale, FL 33334 Phone: 954-493-7377 Fax: 954-493-6541 The terms and conditions stated herein form the complete agreement between the parties. Please note: Any additions to this agreement (new systems) will be prorated to coincide with this contract. Start Date: End Date: Annual Cost: Contract #: Invoice #: Accepted By: BIS Digital, Inc. Customer By Steve Coldren By President M % 101�- Title Title December 15, 2017 4 V, �,q Date Date Attest: Print Name Title 5M VAS Approved as to form by City Attorne �rAY-d �✓�s Initials: Page 3 of 3 BIS Digital Customer BIS Digital Intearatina Excellence TM Date Monday, October 23, 2017 Quote Number Q-8010241-10.23.2017 DCR � MON. I DCR Business Information Systems, Inc 1350 NE 56th Street, Suite 300 - Ft. Lauderdale, FL 33334 Phone: (800) 834-7674 - Fax: (877) 858-5611 Sales Consultant Dan Meyer (800) 834-7674 Ext 4518 / dan.meyer@bisdigital.com Primary Contact Brooke Lappin, Clerk of Court 13000 Deerfield Pkwy, Ste 107E Milton, GA 30004 (678) 242-2526 / (Fax) brooke.lappin@cityofmiltonga.us (Email) Billing Address City of Milton Municipal Court (GA) / A-1007807 13000 Deerfield Pkwy, Ste 107E Milton, GA 3010--04 Shipping Address MP QS rD- Users To Train c9 Item Code Qty Unit Price Total Price Audio capture from exisiting Yamaha PA DCR (2 Channel) Digital AudioNideo Recording Software DCR-2ch 1 $1,995.00 $1.995.00 MX248 USB Audio Mixer 2 Channel BIS-MX2-USB-2 l $1,100.00 $ 1.100.00 Discount DISC 1 $385.00 $385.00 Cables and Connectors 1/4" mono M to XLR M - Audio from Yamaha to USB mixer BIS -CBL -CON 1 $25.00 $25.00 Line to Mic Attenuator BIS -LINE -MIC 1 $60.00 $60.00 Annual DCR Software Assurance DCR SAS 1 $350.00 $350.00 On-site Setup, Installation and Training SIT 1 $1,350.00 $1,350.00 Annual DCR REMOTE SUPPORT on above purchased system NMNT-DCR-R 1 $500.00 $500.00 Sales Tax Rate Total Excludin Sales Tax $4,995.00 BIS Digital IMM1118 Integrating Excellence TM Business Information Systems, Inc 1350 NE 56`h Street, Suite 300 - Ft. Lauderdale, FL 33334 Phone: (800) 834-7674 - Fax: (877) 858-5611 Optimal Specifications for BIS Digital Recording PC Systems DCR Specifications 4/8 Channel Audio or Audio and Video (4 Video Channel Max.) - 8GB RAM (For Windows 7 or 8.1 64-bit) - 1TB Hard Drive / 8 MB Cache / 10,000 RPM - Intel Core i5 Processor - Ethernet RJ -45 Network Interface 100/1000 - USB 3.0 Ports - PCIe Slot (For Non -IP Video Solutions Only) - Microsoft Windows 7 or 8.1 Professional All specifications are subject to change without notice. All computers sourced from third parties must first be approved by BIS Digital prior to purchase Equipment Supply BIS Digital will furnish the equipment as specified herein. Revisions to this contract are made by approved written "Change Order". BIS reserves the right to bill for equipment as stored materials when delivery or installation is not possible. There are no additional implied or expressed operations of the system other than stated within. Electrical Installation The customer provided electrical contractor will install all AC power, relay switches & conduit as required for the proposed systems. If required, the customer provided electrician will be responsible for providing and hanging all rigid electrical junction boxes, conduit and installing same. BIS Digital has recommended and asked for Dedicated Electrical Power to be installed at 'the head -end, controlled end-user equipment or at the same location of final control(s). Dedicated Power shall be the responsibility of the end-user and any external noise or factors creating noise within the systems not exposed by installed electronic equipment shall not be BIS Digital, Inc. responsibility and shall not be reason for any hold -backs whatsoever by any party. Equipment Installation and Head End Connections BIS Technicians will install all specified equipment and make all final circuit terminations in the head -end equipment racks. The customer will provide all custom carpentry or custom room preparations as required prior to the installation. The customer will provide scaffold or high reach for all installation work in ceilings over fourteen feet. All network connection(s) are to be provided by the customer. Any changes, alterations or deviations from the Equipment and installation obligations specified herein involving extra cost for labor or material will be executed only on written orders for the same. The cost of any added labor or material will become an extra charge over and above the total specified on the Agreement. 81S Digital cmmlilf Integrating Excellence TM Business Information Systems, Inc 1350 NE 561h Street, Suite 300 • Ft. Lauderdale, FL 33334 Phone: (800) 834-7674 • Fax: (877) 858-5611 Wiring Legend: Audio: HDMI: VGA: Compovte: City of Milton Municipal Court (GA) Q-8010241 - Network: USB -- *** ss: ." WhereApoxoble °CR Desktop aurfo ich us"D"video Composite Mxzu use audio Mas v deo tch. c7p[ure ID HD (client Providedi Device scaler BIS Digital OEM@ Integrating Excellence TM Business Information Systems, Inc 1350 NE 56th Street, Suite 300 • Ft. Lauderdale, FL 33334 Phone: (800) 834-7674 • Fax: (877) 858-5611 Order Summary Date Monday, October 23, 2017 Quote Number Q-8010241-10.23.2017 Account Name City of Milton Municipal Court GA Total(Excluding Sales Tax $4,995.00 Terms and Conditions Effective Period This proposal is a firm offer for 30 days from quote date Monday, October 23, 2017 Tax Status Sales tax will be added to invoice unless Tax Exempt Form is on file with BIS Digital. Payment Terms Deposit: All orders above $5,000 require a 50% deposit. Once the order and deposit is confirmed {received} by BIS Digital, scheduling of the installation / and shipment of goods will occur. Balance: The remaining balance is to be paid on the completion of the installation. {delivery of goods at customer site} Restocking Fee 20% restocking fee will be charged for all cancelled orders Site Preparation Customer is required to supply all conduit and cable pulls not listed on this quote. Customer will be responsible for any additional wiring or installation supplies needed during installation. Training BIS Digital will provide full training of all system users per agreed training schedule. Limited Warranty All BIS supplied new systems (Hardware & Software) are covered for 90 days following date of installation/delivery. Warranty does not cover On -Site Technical Support, Shipping costs, or Software upgrades (See Software Assurance below). Software Assurance Annual Software Assurance entitles user to software upgrades throughout the one year term, at the cost of $350 per license/year. This signature and Purchase Order number states acceptance to the above price, terms and conditions, authorizing BIS Digital, Inc. to order, install and bill for the above equipment: Accepted by: P (G� o p, _Oal �% c:: -I�t Name Title i c I ignature Date * Accounts Payable Information * Required for order to be processed* A/P Contact: on Iy"',0 C5 Name Re.-Cii-IJ ocwl l RG • as .mail Address i -(S' 2-l�'2 250-1 Phone Number 4'18 . Z4 1Z - 2 CTC Fax # Is a Purchase Order required for processing? r P.O # 1350 NE 56" Street -Suite 300 • Fort Lauderdale, FL 33434 • Fax: (877) 858-5611 ft 4C14111 11 1. Priority of Supplement: This Supplement is attached to and applies to the "Recording System Support Agreement" and the equipment purchase and installation agreement represented by Quote Number Q-8010241-10.23.2017 DCR (together, the "Agreements"), both between BIS Digital, Inc. ("BIS") and the City of Milton, Georgia ("City"). The provisions of the Supplement control over any contrary provisions found in the Agreements. 2. Statutory Auto -Termination and Renewal: As required by O.C.G.A. § 36-60-13, the Agreements shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the term of the Agreements, and the Agreements shall automatically renew on January 1 of each subsequent calendar year of the Term, absent City's provision of written notice of non -renewal to BIS at least thirty days prior to the end of the then -current calendar year. Title to any supplies, materials, equipment, or other personal property (to the extent any title transfers pursuant to the Agreement) shall remain in BIS until fully paid for by City. 3. Governing Law: The laws of the State of Georgia shall govern the Agreements. 4. E -Verify: The parties acknowledge that because the value of the physical services to be performed under the Agreements is less than $2,500, the Agreements are not subject to the requirements of O.C.G.A. § 13-10-91. 5. Nondiscrimination: In accordance with Title VI of the Civil Rights Act of 1964, 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, BIS agrees that, during performance of the Agreements, BIS, 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, BIS agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under the Agreements. 6. Compliance with Law and Best Practices: BIS agrees that it will perform all work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.), to the extent applicable. 7. Insurance: BIS and any subcontractors retained shall maintain commercially reasonable insurance, including commercial general liability insurance suitable for the work to be performed and all legally -required workers' compensation insurance. 8. Independent Contractor: The parties acknowledge that BIS is an independent contractor of the City and not an agent or employee of the City. 9. Ethics: BIS agrees that it shall not engage in any activity or conduct that would result in a violation 1 of the City of Milton Code of Ethics or any other similar law or regulation. BIS certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. BIS and City acknowledge that it is prohibited for any person to offer, give, or agree to give any city employee or official, or for any city employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. BIS and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub - consultant under a contract to the prime consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 10. Sovereign Immunity; Indemnification: Nothing contained in the Agreements shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. BIS Digital, Inc.: Signature: Print Name: Steve Coldren Title: President Attest: Signature: Print Name: 5&0 te- hy) &)-k Title: City Clerk Approved as to for Ol�l�vt ityAttorne [CORPORATE SEAL] CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] STATE QF1-10�Y ca - EXHIBIT "D" COUNTY 6FyF-0vWJ CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia 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: 31536,5 1 hereby declare under penalty of perjury that the Federal Work Authorization User Identification foregoing is true and correct. Number Ex u��20 (4 in 3— 30- aQ i 5 i (city), (state). Date of Authorization t ---z5p .--- _Business Information Systems. Inc d/b/a BIS Digital, Inc Name of Contractor DCR Software — Court Recording System/Support Name of Project City of Milton. Georgia Name of Public Employer Signature of Authorized Officer or Agent s-iLww 6102'Gi) elms . Printed Name and Title of Autho ' d Otiicer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ZGi DAY OF Lltc-t-1 ft LE72oj?. IGS TARS �� PUBLIC [NOTARY SEAL] CHRISTWE ENOS NOTARY PW= STATE OF FLORIDA Ctxnmrl; FF099M My Commission Expires: Expir" 6/2912018 M I LTO � ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 22, 2018 FROM: Steven Krokoff, City Manag r AGENDA ITEM: Approval of a Grant Request for the Acquisition of a Second Police K-9. MEETING DATE: Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: Q4PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (4 40 CITY ATTORNEY REVIEW REQUIRED: () YES ( O APPROVAL BY CITY ATTORNEY. () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: afhq)1018 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us M To: Honorable Mayor and City Council Members From: George R. Austin, Chief of Police Date: Submitted on January 23rd, 2018 for the January 29th, 2018 Regular City Council Meeting Agenda Item: Consideration for the Approval of a Grant Request for the Acquisition of a Second Police K-9. _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The Milton Police Department currently has one (1) police K-9. This K-9 team is assigned to a patrol shift and is available 25% of the time, not to include the officer being absent for training, vacation, or sick time. In the absence of our K-9 Team, the City of Milton has relied on surrounding agencies to assist when a Police K-9 is needed. The addition of a second Police K-9 Team would increase the availability of the K-9 asset in the City of Milton. The benefit would be the citizens of Milton would double their K-9 coverage for situations like missing persons or rescue operations. This consent agenda item is a request for the approval to submit the grant request. This consent agenda was first presented during the December 11, 2017 regular City Council Meeting. Funding and Fiscal Impact: The Stanton Foundation Grant includes all finances needed to purchase, train, and equip a K-9 Team. The only immediate cost to the City of Milton would be mandated K-9 Team pay. The cost projection for this is $5,150 per year (based on average officer salary of $46,010). After 3 years, the City of Milton would become responsible for purchasing food and providing for veterinary care. The cost projection for these items is $2,456 per year (based on average spending last two years). Alternatives: There are two (2) alternatives to the grant option for acquiring a second Police K-9. Alternative 1: Establish a new K-9 Team funded by the City of Milton. This option would be very expensive as new K-9 Teams can cost approximately $25,000.00 to establish. Alternative 2: Not submit the grant and continue with a one K-9 Team in the City of Milton. Legal Review: None-Not Required Concurrent Review: Steve Krokoff, City Manager Attachment(s): None 0 TO: FROM: M'ILTON"Ir ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 22, 2018 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Renewal of a Contract Agreement between the City of Milton and Wanna Play Baseball, Inc. for the Concession Stand Operations at Bell Memorial Park. MEETING DATE: Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�`AAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4YES () NO CITY ATTORNEY REVIEW REQUIRED: (JJ Ts () NO APPROVAL BY CITY ATTORNEY: (,V -APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ar/t9 f zo it 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Direct Date: Submitted on January 12, 2018 for the January 29, 2018 Regular Council Meeting Agenda Item: Approval of a Renewal of a Contract Agreement between the City of Milton and Wanna Play Baseball, Inc. for the Concession Stand Operations at Bell Memorial Park. ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of the second renewal of a Contract Agreement between the City of Milton and Wanna Play Baseball, Inc. for the Operation of the Concession Stand at Bell Memorial Park. Executive Summary: When the City re-opened Bell Memorial Park in 2015, we added the sport of football and lacrosse to the baseball program. With three sports sharing the facility, it was determined that the booster club of each sport could not operate the stand. We ran a public RFP for thirty days to identify a concessionaire and the organization, Wanna Play Baseball, Inc was selected by the review committee as the best vendor. The original agreement ran until the end of 2016 and there was an option for two more years. We picked up the option in 2017 and this is a second renewal of that agreement for the year 2018. Wanna Play Baseball has been a great partner to work with and assists the City by helping citizens who have questions about the park or contacting us when there are problems that they cannot resolve. Funding and Fiscal Impact: Wanna Play Baseball will present a commission of 3% on gross sales to the City. Since the start of the relationship, the City has spent $846.00 on propane, the majority of which is used at the concession stand. In the same time period, the City has received commissions from Wanna Play Baseball in the amount of $3,309.60 Alternatives: The Booster clubs have no interest in running the concession stand. The only alternative is to go back to the market and rebid this. Legal Review: Elizabeth Whitworth – Jarrard & Davis (October 28, 2015) Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Concession Contract Agreement This Agreement (the "Agreement") is made and entered into this _ day of , 2018 (the "Effective Date"), by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton Mayor and City Council (hereinafter referred to as the "City"), and Wanna Play Baseball, Inc., a Georgia corporation with its principal place of business located at 101 Country Acres Lane, Canton, GA 30115 (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, the Contractor desires to provide certain concession stand operations at Bell Memorial Park, and WHEREAS, in exchange for the City authorizing Contractor to provide such concession stand operations at Bell Memorial Park and keep a percentage of the revenues obtained from such operations, the Contractor has agreed to provide the City with a percentage of such revenues; and WHEREAS, the Contractor has represented that it is qualified by training and experience to provide the Work described in this Agreement related to concession stand operations at Bell Memorial Park; and WHEREAS, the Contractor desires to perform the Work under the terms and conditions set forth in this Agreement; and WHEREAS, the public interest will be served by this Agreement. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, together with other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: 1. Scope of Work and Consideration. In consideration for the City authorizing Contractor to provide concession stand operations at Bell Memorial Park and keep a portion of the revenues obtained from such operations, the Contractor has agreed to provide the Work described below and pay the City a Commission (as defined below) under the terms provided herein. a. The Work. Contractor shall provide concession stand operations at Bell Memorial Park, located at 15245 Bell Park Drive, Milton, GA 30004, as described in the Request for Proposals, attached hereto as Exhibit "A" and incorporated herein by reference, and the Contractor's Proposal, attached hereto as Exhibit `B" and incorporated herein by reference. The Contractor shall only use the concession stand facilities identified by the City, and the Contractor must comply with the following requirements in its operation of the concession stands at Bell Memorial Park: i. The Contractor is authorized for the Term of this Agreement to sell in the concession only high quality food, beverage and miscellaneous items (including but not limited to burgers, hot dogs, chicken, sausages, BBQ, sundry items, novelties and candy) that are approved for sale by the Parks and Recreation Director or his designee. No seeds of any kind, including but not limited to sunflower seeds and pumpkin seeds, will be allowed for sale. No alcoholic beverages will be allowed for sale. Pursuant to O.C.G.A. § 50-5-81, the parties acknowledge that no government funds are being used to purchase any beef products. ii. The City reserves the right to monitor all concession prices, so as to ensure that patrons are not overcharged. The Contractor will submit a list of items and prices to be reviewed and approved by the Parks and Recreation Director or his designee. The pricing of each food, beverage or miscellaneous item specified is to remain firm for a one-year period, and, following such one-year period, any changes to such pricing must be approved in writing by the City. The pricing must stay within the local market pricing and may not vary and/or change due to special activities scheduled throughout the year. iii. Various equipment owned by the City is available for use from time to time if the Contractor so desires. If Contractor wishes to use such equipment, Contractor must contact the City to determine what equipment is available. If the Contractor chooses to use any of the City's equipment, Contractor shall do so at its own risk, and any damages are the responsibility of the Contractor (except for standard wear and tear). It is the responsibility of the Contractor to use equipment provided by the City in a responsible and careful manner and to provide any additional equipment required to complete the Work and provide the services associated with the concession stand operations. Any supplies or equipment left at the park by the Contractor will be the responsibility of the Contractor. The City shall not be responsible for any lost, stolen, or broken equipment or supplies. iv. The Concession Stand will be kept clean by the Contractor, including, but not limited to, cleaning the concession stand interior after each use and properly disposing of trash at least once each day and as required to maintain a clean operating environment. 2 v. Contractor will be responsible for scheduling staff, stocking concessions and maintaining the security of the stand with lights out at the end of daily operations. vi. Contractor will limit its access of the concession stand facility to the designated hours of operation specified by the City and shall provide sufficient staff to work the stand during operating hours. The Contractor shall have appropriate personnel available for the operation of the concession stand in order to provide reasonable and adequate service at all times called for by the schedule of hours stipulated in this Agreement below, as such schedule may be updated from time to time by the City. The Parks and Recreation Director or his designee reserves the right to have the Contractor add additional staff at the Contractor's sole expense. The Parks and Recreation Director or his designee, will review from time to time the Contractor's staffing levels to determine if patron demand is being met efficiently. If not, the Contractor will be required to increase its staff as specified by the City. vii. Contractor agrees to obtain all necessary licenses or certificates to provide the Work and to abide by all applicable laws, rules, regulations and ordinances as they relate to use of park property, including the use of tobacco products and alcoholic beverages. The Parties acknowledge and agree that, in compliance with health and fire code standards, the Contractor shall not cook anything in the concession stand building. viii. Contractor is responsible for all damages and cost of all repairs in the concession area that are attributed to its use or operation of such concession stand facilities by Contractor. ix. Contractor must open the concession stand for all tournaments and regular season games (including, but not limited to, playoffs and make up games) scheduled by the City of Milton Parks and Recreation Department. The Contractor is encouraged but not required to be open for practices during the week. x. Contractor is forbidden to change any concession stand locks without the written permission of the Director of Parks and Recreation and/or his designee. xi. The Coca-Cola Company is the approved beverage vendor for concessions within Bell Memorial Park. Therefore, Contractor must act in accordance with the terms set forth by the contract between the City of Milton and The Coca-Cola Company and all of The Coca-Cola Company's subsidiary and affiliated companies. All Coca-Cola Company products to be sold at the Bell Memorial Park concession stands must be purchased by the City from The 3 Coca-Cola Company, and the Contractor must reimburse the City for the cost of to purchase such products. Once the City has been reimbursed for the cost to purchase such products, the Contractor may then sell the products and retain any profit of such sale less any Commission provided for in this Agreement. Ordering of Coca-Cola Company products will be coordinated between the Contractor and the Parks and Recreation Director or his designee. xii. The Contractor is permitted to have non -Coca-Cola brand water stored in the City's refrigerator (not the Coca-Cola coolers) for distribution at low or no cost only to game officials (umpires and referees). xiii. The Contractor's use of equipment, food, beverage or sundry products shall be at the Contractor's own risk. The City shall not be liable for any damage or loss of such equipment, food, beverage or sundry products, unless such damage or loss occurs as a direct result of actions of the City, a City employee, or authorized agent of the City. xiv. Any sub -contracting of the Contractor's responsibilities under this Agreement must be pre -approved by the City of Milton Parks and Recreation Department in writing. Further, any such subcontractors (whether companies, groups or individuals, etc.) must agree to all terms set forth in this Agreement before providing any of the Work described herein. xv. Currently, there are no vending machines in operation in Bell Memorial Park, and Contractor may not place any vending machines for use in the park. xvi. The Contractor shall be responsible for the collection of sales tax and distribution of the tax to the State of Georgia. xvii. Contractor shall comply with the City's policy regarding criminal background screening and cause background checks to be performed on all concession stand employees (including but not limited to employees and subcontractors) who are 18 years of age and older. The City will furnish the Contractor with a background release form for all the Contractor's employees or subcontractors, and a background search of such employees or subcontractors shall be completed at the Contractor's expense. A Consent and Release Form to conduct a criminal background check must be executed by any of the Contractor's employees or subcontractor's employees, such form authorizing the City to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the City in its sole and complete discretion, and the City may reject any individual from participating in any program based upon such result. If the Contractor has recently had a background screening conducted by another government agency, the City, at its sole discretion, may accept that background screening 4 and waive the requirement of a new background screening. Contractor and its employees and subcontractors must also execute a Waiver and Release of Liability holding the City harmless related to the background check. xviii. The City will provide no storage space to the Contractor, unless otherwise agreed upon in writing by the Parties. Notwithstanding the foregoing, the City hereby expressly agrees to allow the Contractor to store materials, product and supplies inside the concession stand so long as such materials, product and supplies are associated with the Work to be completed under this Agreement and are stored in a safe and secure manner. xix. The Contractor shall inspect the premises and equipment offered to it by the City for its use in providing the Work contemplated under this Agreement, and, if it finds anything wrong with the premises or equipment, the Contractor shall notify the City immediately. If the issue cannot be corrected promptly so as to provide a safe premises and equipment to complete the Work for a given event, the City may cancel or relocate Contractor's services for that event, as the City deems necessary it its sole discretion. xx. Contractor shall provide the following: A. Contact person for notification of any cancellations and/or rescheduled events. B. Cleaning supplies to maintain the concession stand. C. A point of sale terminal. D. Credit card transaction processing capability. b. City Responsibilities. The City shall provide the following items for use by the Contractor in its operation of the Bell Memorial Park concessions stands during the Term of this Agreement: i. One propane grill for cooking purposes, which grill must be located and remain outside the concession stand. ii. Propane for cooking purposes. iii. The Coca-Cola Company contract and coolers. iv. Water service to the concession stand, electricity and data connectivity. V. A 220 volt electrical outlet for use with an espresso machine will be provided by the City no later than the start of the Spring Athletic Season. vi. A 3/8 inch water line for use with an espresso machine and coffee brewers will be provided by the City no later than the start of the Spring Athletic Season. Commission. For each and every month during the Term of this Agreement, the Contractor agrees to pay the City the sum of 3% of Contractor's gross revenues (the "Commission") from concession stand sales during that calendar month. Under no circumstances shall the City be responsible for any monetary payment to Contractor under this Agreement. Contractor shall be entitled to any and all other revenues obtained from concession stand sales in excess of the Commission described above. 2. Limitation of Promotional Activities. The City must approve any promotional material, flyers, and posters advertising the Contractor or its concession activities. Further, the Contractor shall not promote its or any other privately owned business in the park or solicit any participant in a City activity for any privately owned business. The Contractor may not use park facilities to conduct any personal business. 3. Reservation of Rights Related to Certain Activities at the Park. The City reserves the right to regularly run a farmers market at Bell Memorial Park. The City also reserves the right to bring in other vendors, including but not limited to food trucks, for special events, which special events may include but shall not be limited to movies in the park. The City shall provide Contractor at least seven (7) calendar days advance notice of these occasions when additional vendors will be brought into the park. The Contractor may participate in such occasions at its sole discretion, and the Contractor's choice to decline to participate in a special event is not a cause for termination of this Agreement. 4. Schedule of Operations and Cancellation of Events. a. Schedule of Operations. i. The Projected Schedule of Activities (also referred to as "Typical Active Seasons") is as follows: A. Typical Active Spring Season begins February 1. Practices or games for baseball and lacrosse typically run from 5:30 PM until 9:30 PM Monday through Friday. Games run on Saturdays typically between 9:00 AM until 5:00 PM. Baseball is typically active on Sundays from 1:00 PM until 7:00 PM. The typically active spring season ends around Memorial Day. B. Typical Active Summer Season begins June 1. Baseball All Stars and Travel teams continue to practice and have occasional games. The possibility of a tournament or two exists at this time. Baseball has activity Monday through Thursday from 5:30 PM until 9:30 PM. Typically on the weekends, the park is open as the teams travel to their tournaments. The typically active summer season ends in mid-July. C. Typical Active Fall Season begins July 15. Football starts in mid-July with practices in the evenings during the week. Baseball and Lacrosse 6 start up in mid-August and follow a similar schedule as the spring. The typically active fall season ends in mid-November. D. Special Events Concession operations also will include any special sporting events (tournaments, etc.). A tentative schedule of events will be provided as soon as it is available. E. Cancelation of Events. Due to weather and/or unseen circumstances, some events may be cancelled. In event of a cancellation, the City will attempt to notify the Contractor's point of contact ahead of time. In the event the notification is not provided, the Contractor is still required to show up. Any cost incurred to the Contractor due to a cancellation is not the responsibility of the City. 4. Term. This Agreement shall commence upon the City delivering to Contractor a written "Notice to Proceed" and shall continue until December 31, 2017; provided that the Term of this Agreement may be extended for two additional one (1) year periods upon written agreement of the Parties at least ninety (90) days prior to expiration of the then -current Term. The Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent the City's provision of written notice of non -renewal to Contractor at least five (5) calendar days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. 5. Termination. The City shall have the right to terminate this Agreement for convenience or for cause by providing written notice thereof at least five (5) calendar days in advance of the termination date. Further, the City shall have the right to terminate this Agreement immediately upon any willful, reckless, or grossly negligent act or omission by the Contractor or any of its officers, employees or subcontractors. The Contractor shall have no right to terminate this Agreement prior to expiration of the then -current Term. Upon termination or expiration of this Agreement, Contractor shall provide payment to the City of any Commission due up to the termination date. The rights and remedies of the City and Contractor provided in this paragraph are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Any deficiencies by either party in compliance with the terms of this Agreement and that are not deemed to be willful, reckless or grossly negligent, shall be remedied within ten (10) business days of that party receiving notice of such deficiencies from the other party hereto. 7 6. Indemnification. The Contractor covenants and agrees to take and assume all responsibility for the Work provided in connection with this Agreement. Contractor shall defend, indemnify and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually an "Indemnified Party" and collectively the "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Parry. 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 an Indemnified Party by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. 7. Insurance Requirements. a. The Contractor shall have and maintain in full force and effect for the duration of this Agreement insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with performance of the Work by Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. b. The Contractor shall maintain the following insurance policies with coverage and limits no less than: (i) Commercial General Liability Insurance Coverage of at least $1,000,000 combined single limit per occurrence for comprehensive coverage including for bodily injury and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. The policy must also meet the following additional requirements: • Use the 1986 (or later) ISO Commercial General Liability form. • Have dedicated limits per project or location (CG 25 03 or CG 25 04). • Provide an additional insured endorsement (form b CG 20 10 with a modification for completed operations or a separate endorsement covering completed operations) naming the City as an additional insured. • Provide Blanket Contractual liability. • Cover Broad Property Damage. • Provide Severability of Interest. • Provide Underground explosion and collapse coverage. • Cover Personal injury (deleting both contractual and employee exclusions). If Contractor uses any commercial registered vehicle in the performance of this Agreement, the Contractor shall obtain and maintain Commercial Automobile Liability Insurance coverage (covering all owned, non -owned, leased, hired, and borrowed vehicles) of at least $1,000,000.00 combined single limit per occurrence for comprehensive coverage including bodily injury and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. The policy must also meet the following additional requirements: • Provide an additional insured endorsement naming the City as an additional insured. • Cover Contractual Liability. Commercial Umbrella Liability Insurance coverage of at least $1,000,000.00 per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, and Employers' Liability. The policy must also meet the following additional requirements: • Provide an additional insured endorsement naming the City as an additional insured. • Ensure concurrency of effective dates with primary policy. • Provide Blanket contractual liability. • Provide Drop down feature. M • Care, Custody, and Control — Follow form in primary policy. • Aggregates apply where applicable in primary policy. • Umbrella policy must be as broad as the primary policy. (iv) Workers' Compensation limits as required by the State of Georgia and Employers' Liability Coverage as follows: Bodily Injury by Accident - $100,000.00 each accident. Bodily Injury by Disease - $ 100,000.00 policy limit. Bodily Injury by Disease - $ 500,000.00 each employee. c. Additional Insured. The City will be covered as an additional insured on all liability policies, including but not limited to the General Liability, Auto Liability, Employers' Liability and Umbrella Liability policies. d. Verification of Coverage. Contractor shall furnish the City with certificates of insurance and endorsements to policies evidencing all coverage required by this Agreement. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. The certificates of insurance, endorsements and declarations page shall be furnished on a form utilized by Contractor's insurer in its normal course of business. Further, the Contractor shall provide complete certified copies of current insurance policy (ies) or a certified letter from the insurance company (ies) if requested by the City to verify the compliance with the insurance requirements. e. Acceptability of Insurer. The insurance to be maintained by Contractor must be placed with a company licensed to do business by the Georgia Department of Insurance, authorized to do business in Georgia by the Georgia Secretary of State, and have an AM Best Policyholder's rating of A- and a financial rating of Class VI or greater. f. Occurrence Basis. All Insurance Policies must be written on an Occurrence Basis. g. Renewal of Coverage. Contractor shall provide renewal certificates to the City at least 30 days prior to any coverage expiration date. Further, the Contractor shall ensure that the City receives written notice of any cancelation or 10 modification of coverage at least 30 -days prior to such cancellation or modification of coverage. h. Reference to Contract. Certificates of Insurance and any subsequent renewals must reference specific bid/contract by project name and by project/bid number. i. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall ensure that each subcontractor complies with the insurance requirements provided herein, including, but not limited to, naming the City as an additional insured. 8. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing in this Agreement shall be construed to make the Contractor or any of its employees, servants, or subcontractors an employee, servant or agent of the City for any purpose. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of subcontractor, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with Contractor. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. 9. Business License. Prior to commencement of the Work to be provided hereunder, Contractor must obtain a business license, pay the applicable business license fee, and maintain said business license during the term of this Agreement, unless Contractor provides evidence that no such license is required. 10. Change Order. All changes to the terms of this Agreement shall be incorporated in written change orders executed by the City and Contractor. Any change order shall be executed under all the applicable conditions of this Agreement. 11 11. Assignment. The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. 12. Records. Books, records, documents, account ledgers, data bases, and similar materials relating to the Work performed for the City under this Agreement ("Records") shall be established and maintained by Contractor in accordance with requirements prescribed by the City and applicable law. Upon request, the Contractor shall furnish to the City any and all Records related to matters covered by this Agreement in the form requested by the City. The Contractor will permit the City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and/or data relating to all matters covered by this Agreement. 13. Notices. All communications relating to the day-to-day activities of the Work shall be exchanged between, • • GgfA(;_ for the City and ii460' or the Contractor. All other notices, requests, demands, 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, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Jim Cregge Parks and Recreation Director, City of Milton 2006 Heritage Walk Milton, GA 30004 NOTICE TO THE CONTRACTOR shall be sent to: Brenda Cormier Wanna Play Baseball, Inc. 101 Country Acres, Lane Canton, GA 30115 12 14. Waiver. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any fixture breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. 15. E -Verify. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless the Contractor shall provide evidence on City - provided forms, attached hereto as Exhibits "D" and "E" (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 registered with, are authorized to use and use 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, and that they will continue to use the federal work authorization program throughout the contract period. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City. 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 "E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit. 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. Contractor agrees that the employee -number category designated below is applicable to the Contractor. 500 or more employees. 13 100 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. 16. 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 Contractor agrees that, during performance of this Agreement, the Contractor, 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 Contractor 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. 17. Contractor's violation of any term set forth in this Agreement may result in the loss of concession privileges and the termination of this Agreement. 18. Agreement Construction and Interpretation. Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. This Agreement shall be read in conformity with and to comply with the City's agreement with The Coca-Cola Company. In the event of a conflict as to the duties and responsibilities of the Parties under this Agreement, this Agreement shall govern over any Exhibit, and the Exhibits shall govern in the order attached hereto. 19. Authority to Contract. The Contractor covenants and declares that it has obtained all 14 necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. This Agreement must be executed by both Parties and on file with the City of Milton Parks and Recreation Department prior to Contractor operating the concession stand under this Agreement. 20. Entire Agreement. This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. 21. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no Party may assign this Agreement without prior written approval of the other Party. 22. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and Contractor submits to the jurisdiction and venue of such court. 23. Severability. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible, as the Parties declare they would have agreed to the remaining parts of this Agreement if they had known that the severed provisions or portions thereof would be determined illegal, invalid or unenforceable. 24. Force Majeure. Neither the City nor Contractor shall be liable for their respective non - negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this 15 Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONTRACTOR; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. 25. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services herein. Contractor and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Contractor and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. IN WITNESS WHEREOF the City and the Contractor have executed this Agreement, which is effective as of the Effective Date provided above. 16 CITY: CITY OF MILTON, GEORGIA, acting by and through its governing authority, the Mayor and City Council Print Name: Joe Lockwood Title: Mayor [INSERT CITY SEAL] Attest: Print: Title: City Clerk 17 WANNA PLAY BASEBALL, INC., a Georgia nonprofit corporation Print Name: L Title: President/Vice President [CORPORATE SEAL] PAnt:'k�,c Title: (Assistant) Corporate Secretary E IBIT " A " (This page intentionally left blank) 18 EXHIBIT "B" (This page intentionally left blank) 19 EXHIBIT "C" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF MILTON being first duly sworn, deposes and says that: (1) He is L, t,;; to e— (Owner, Partner, Officer, Representative, or Agent) of XXXXXXXXX (the "Proposer") that has submitted the attached Proposal; (2) He is fully informed respecting their preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive of sham Proposal; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Proposal are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Proposer has not directly or indirectly violated O.C.G.A. § 36-91-21(d). Signature of Authorized Officer or Agent 6\rCaik1C. Printed Name and Title of Authorized Officer or Agent AND SWO N TO B FORE ME tDAY OF t , 20 My Commission Expires c,� • 0 - Date 20 CAROLE DOWDEN Notary Public - State of Georgia llye unty My Commis�i j Ns Feb 8, 2020 EXHIBIT "D" 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: eVerify Number Date of Authorization Wanna Play Baseball, Inc. Name of Contractor Concession Stand Operations Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 201 _ in (city), (state). 21 Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED W SWORN BEFORE ME ON S ADAY OF ,201. NOTARY PUBLIC [NOTARY SEAL] CAROLE DOWDEN Notary Public - State of Georgia Forsyth County My Commission Expires Feb 8, 2020 My Commission Expires: &-;2- • us ! !► 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 Wanna Play Baseball, Inc. 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: (state). eVerify Number Date of Authorization Name of Subcontractor Concession Stand Operations Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 201_ in (city), 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] My Commission Expires: Sadler Sports: SODA -N DATE (MMI DD/ YYYY) ACRO CERTIFICATE OF LIABILITY INSURANCE 12/29/2017 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 endomement(s). PRODUCER SADLER & COMPANY, INC. P.O. BOX 5866 COLUMBIA, SOUTH CAROLINA 29250-5866 CONTACT NAME: Sports Dept PHONE (A/ C, No. Ext): 800-622-7370 1 FAX (A/ C, No): 803-256-4017 E. MAIL ADDRESS: soda@sadlemports.com PRODUCER CUSTOMER ID#: INSURED D/ B/ A SPORTSPLEX OPERATORS AND DEVELOPERS ASSOCIATION Wanna Play Baseball Inc 101 Country Acres Lane Canton, GA 30115 Club #: 38252 INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: NATIONAL CASUALTY COMPANY INSURER B: NATIONWIDE LIFE INSURANCE COMPANY INSURER C: INSURER D: UUVtKA(3tS 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. INSD LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POUCYEXP (MM/DDI YYYY) LIMITS A GENERAL LIABILITY X ® COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2.000,000 CLAIMS MADE ®OCCUR DAMAGE TO RENTED PREMISES171 $1,000,000 (Ea occurrence) El GEN'L AGGREGATE LIMIT APPLIES KR00000006654700 12:01AM ET 03/11/2017 12:01AM ET 03/11/2018 MEDICAL EXPENSES (other than participants) $s,000 PERSONAL &ADV INJURY $2,000,000 PER: GENERALAGGREGATE NONE POLICY QPROJECT []LOC OTHER PRODUCTS. COMP/ OF AGG $2,000,000 LEGAL LIAR TO PARTICIPANTS $2,000,000 AUTOMOBILE LIABILITY n ANY AUTO COMBINED SINGLE LIMIT (Ea $1,000,000 Accident) BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS n/ a n/ a n/ a HIRED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) NON. OWNED AUTOS A SEXUAL ABUSE/MOLESTATION n/ a n/ a n/ a EACH OCCURRENCE $1,000,000 AGGREGATE $2,000,000 C nUMBRELLALIAB OCCUR EACH OCCURRENCE n/a ®EXCESSLIAB CLAIMS -MADE-^ AGGREGATE r-1 DEDUCTIBLE n/ a n/ a n/ a ❑ RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY E]PER STATUE ANY PROPRIETOR / ❑ OTHER PARTNER /EXECUTIVE Y/ N OFFICER / MEMBERN/ EXCLUDED? El A E.L. EACH ACCIDENT E.L. DISEASE - EA EOMPLOYEE (Mandatory in NH) Ifyes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT B PARTICIPANT ACCIDENT JXS0000027889100- 12:01AM ET 12:01AM ET EXCESS MEDICAL $100,000 Y03/11/2017 03/11/2018 AD&D IS5,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability policy, if included above, is part of the ERS Risk Purchasing Group Association, Inc. RE: COVERED Team(s) - Youth - Accident & General Liability Baseball - 1 Team(s) - [Maximum 18 players per team] Team Names: WPB (Accident Package Youth Team: $100,000 Excess Medical; $5,000 Accidental Death or Dismemberment; $250 per claim deductible) (General Liability Package Youth Team: $2,000,000 Each Occurrence; $2,000,000 Legal Liability to Participants. Waiver/ Release Recommended) NOTE: The Participant Accident policy, if included above, is not a part of the ERS Risk Purchasing Group Association, Inc. The certificate holder is added as an additional insured, but only with respect to the liability arising out of the operations of the insured above. 1,1=111 WIL A 1 t HULUtK CANCELLATION RELATIONSHIP: Property Owner/ Lessor SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (company A) City of Milton %� 2006 Heritage Walk ✓G AUTHORIZED REPRESENTATIVE (company B) Milton, GA 30004 Coverage is only extended to U.S. events and activities "' NOTICE TO TEXAS INSUREDS: The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas. ACORD 25 (2014/01) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Sadler Sports: SODA ENDORSEMENT NO. 0000 ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. KR00000006654700 03/10/2017 lWanna Play Baseball Inc THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS OWNERS AND/ OR LESSORS OF PREMISES, SPONSORS OR CO- PROMOTERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The policy is amended to include as an additional Insured any person or organization of the types indicated by an "X" in any boxes shown below, but only with respect to liability arising out of your operations: [X] Owners and/ or lessors of the premises leased, rented, or loaned to you, subject to the following additional exdusions: a. This insurance applies only to an 'occurrence" which takes place while you are a tenant in the premises; b. This insurance does not apply to "bodily injury" or "property damage" resulting from structural alterations, new construction or demolition operations performed by or on behalf of the owner and/ or lessor of the premises; c. This insurance does not apply to liability of the owners and/ or lessors for "bodily injury" or "property damage" arising out of any design defect or structural maintenance of the premises or loss caused by a premises defect. With respect to any additional insured included under this policy, this insurance does not apply to any negligence of such additional insured. [X] Sponsors [X] Co- Promoters [X] Any individual person(s) or organization(s) listed below COACHES, OFFICIALS AND VOLUNTEERS WHILE ACTING WITHIN THE SCOPE OF THEIR DUTIES FOR THE INSURED. KR- GL -56 (4-07) Page 1 of 1 n I LTO N M ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 22, 2018 FROM: Steven Krokoff, City Manage AGENDA ITEM: Approval for the Purchase of a Pierce Enforcer Engine - Pumper for Milton Fire -Rescue from Ten -8 Fire Equipment, Inc. MEETING DATE: Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,ePPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (411ES () NO CITY ATTORNEY REVIEW REQUIRED: (,.yX(Fs () NO APPROVAL BY CITY ATTORNEY: (.�-APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: .11ollb1 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us 0000 To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: January 18, 2018 for the January 29, 2018 Regular City Council Meeting Agenda Item: Approval for the Purchase of a Pierce Enforcer Engine-Pumper for Milton Fire-Rescue from Ten-8 Fire Equipment, Inc. _____________________________________________________________________________________ Project Description: The City of Milton Fire-Rescue Department’s current apparatus fleet includes four Engines. 100% of these units were built by Pierce Manufacturing. Three models are 2007 Pierce Enforcers and the reserve Engine is a 2010 Pierce Contender. Since our establishment in May, 2007, the Pierce Enforcer has served as the backbone of the Department. Over the past 11 years, these engines have proven reliable and well-suited to Milton’s needs. In addition to this positive experience, the purchase of a Pierce Enforcer for our 2018 engine replacement provides several additional benefits, including: Fleet consistency (for training and operational purposes), A coordinated maintenance plan for this highly-specialized piece of equipment, Value pricing through a negotiated government purchasing agreement awarded within the past 12 months that the vendor has agreed to extend to Milton, and Consistency with the fleets of our automatic/mutual aid partners in Alpharetta, Forsyth County, Johns Creek, and several other surrounding jurisdictions. Based on the factors below we are requesting to again utilize Pierce Manufacturing to build an Enforcer Pumper for this procurement. Ten-8 Inc. is the sole vendor for Pierce Manufacturing in Georgia. The Department has a current capital plan that anticipates fleet replacement schedules based on apparatus usage, age, and the various current and future needs of the evolving character areas and demographics in the City of Milton. This vehicle has been developed in consultation with the vendor by a committee of fire personnel and in conjunction with the Department’s long-term planning, and represents the most Document efficient combination of serviceability, convenience, and functionality based on Milton’s needs. Procurement Summary: Purchasing method used: Sole Source (Include Sole Source Documentation) Account Number: 300-3510-542202000 Requisition Total: $ $571,886.00 Vendor DBA: Ten-8 Fire Equipment. Financial Review: Bernadette Harvill January 19, 2018 Legal Review: Sam VanVolkenburgh, Jarrard and Davis, LLC., January 11, 2018 Attachment(s): January 23, 2017 To whom it may concern: Since 1917, Pierce Manufacturing Inc. has provided the finest fire apparatus in the industry. The quality of our products and services are our number one priority. In order to provide you with the personalized level of sales and service you deserve, Pierce Manufacturing has established a widespread network of authorized dealers throughout the country. Ten-8 Fire Equipment is the Pierce authorized dealership in Florida and Georgia and is the sole source for sales, service, and warranty of Pierce product. Ten-8 Fire Equipment is extremely qualified to provide you with the support you have come to expect from Pierce Manufacturing and has service & warranty facilities located in several locations as shown to provide the first-class customer service support the Pierce family has been known for. Please contact Ten-8 Fire Equipment direct for Sales support at (877) -989-6660 or visit their website for more information at www.ten8fire.com. Kristina Spang Sr. Sales Operations Manager Pierce Manufacturing, Inc. An Oshkosh Corporation Company * ISO Certified HOME OF ' M 1 LTON' ESTABLISHED 2006 PURCHASE AGREEMENT This Agreement ("Agreement") is made and entered into this day of , 201_ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, located at 2006 Heritage Walk, Milton, GA 30004 (hereinafter referred to as the "City"), and Ten -8 Fire & Safety Equipment of Georgia, LLC, a Georgia limited liability company, having its principle place of business at 2904 591h Ave. Dr. East, Bradenton, FL 34203 (herein after referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, the Milton Fire Department seeks to purchase a pumper firefighting apparatus in accordance with predetermined specifications; and WHEREAS, Contractor has represented that it is capable of delivering a build -to -suit pumper fire apparatus meeting the City's specifications and desires to supply the apparatus under the terms and conditions provided in this Agreement; and WHEREAS, Contractor is the sole vendor in the State of Georgia for firefighting apparatus made by Pierce Manufacturing. Currently all pumper firefighting apparatus owned by the City were purchased through Contractor and were manufactured by Pierce Manufacturing. The City has determined that continuity with the City's other firefighting equipment justifies the selection of Contractor without competitive procurement for the pumper apparatus. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Purchase Agreement and each of the I;Ahibits hereto, which are incorporated herein by reference, including: Exhibit "A" —Scope of Work Exhibit `B" — Insurance Certificate Exhibit "C" — Contractor Affidavit Exhibit "D" — Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. Contractor agrees to deliver a 2018 Pierce Enforcer pumper truck in compliance with the requirements set forth in Exhibit "A" (the "Work"). Unless otherwise stated in Exhibit "A" (the "Scope of Work"), the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. The apparatus shall be delivered as specified in the Scope of Work, F.O.B. City's specified facility with all delivery charges are included in the Contract Price. Section 3. Contract Term; Termination. Contractor (itself or through Pierce Manufacturing) shall complete the Work on or before March 31, 2019. Contractor understands that time is of the essence with respect to the delivery date of the pumper apparatus. The term of this Agreement ("Term") shall commence as of the Effective Date and shall terminate upon completion of the Work (including acceptance of any testing performed on the apparatus by the City), and payment to Contractor (provided that certain obligations will survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to City for Contractor's breach of this Agreement, City shall pay Contractor for Work performed to date.s As required by O.C.G.A. § 36-60-13, this Agreement shall terminate absolutely and without further obligation on the part of City on December 31; 2018, and shall automatically renew on January 1, 2019 with all provisions continuing in force, absent City's provision of written notice of non -renewal to Contractor at least five (5) days prior to the end of the then current calendar year. The Agreement shall then fully terminate upon completion of the Work and payment for the Work. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by City. Section 4. Work Changes. Any changes to the Work requiring an increase in the Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. No claim for additional compensation or extension of time shall be recognized unless contained in a written change order duly executed on behalf of the City and the Contractor. Section 5. Compensation and Method of Payment. The total amount paid under this Agreement as compensation for Work shall be the lump sum of $571,886.00 (the "Contract Price"), except as outlined in Section 4 above. City agrees to pay the Contract Price following Contractor's submission of an invoice for payment once the Work is fully complete and inspected and accepted by the City. Section 6. Covenants of Contractor. A. Contractor's Reliance on Submissions by City. Contractor is entitled to rely upon specifications provided by City, but Contractor shall provide immediate written notice to City if Contractor knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic, B. Assignment of Agreement. Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the City. C. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor agrees that while Pierce Manufacturing is the contemplated manufacturer of the pumper truck apparatus and may provide and pass through separate end-user warranties on the apparatus for the benefit of the City, Contractor is contractually responsible to the City for the requirements in Exhibit "A". Contractor shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries; damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an allegedd willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts or omissions Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the Contractor in the performance of this Agreement. This 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. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. D. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. E. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors (including, without limitation, Pierce_ Manufacturing) are covered by commercially reasonable insurance policies. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure 2 that its insurer waives all rights of subrogation against the City for losses arising from Contractor's Work and that the City and its officials, employees or agents are named as additional insureds. Contractor shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage, and shall require the same notice to the City in all subcontractor contracts. F. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A., § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) 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 registered with, are authorized to use and use 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, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Contractor provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing; or (3) If Contractor does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of this Agreement, in accordance with O.C.G.A. § 13-10-91(b)(5) Contractor shall provide a copy of Contractor's state issued driver's license or state issued identification card and a copy of the state issued driver's license or identification card of each independent contractor utilized in the satisfaction of part or all of this Agreement. Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit `4C", and submitted such affidavit to City or provided City with evidence that its is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above, or provided City with the appropriate state issued identification as noted in sub -subsection (3) 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 Georgia Department of Labor Rule 300-10-1-.02. In the event Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, 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 "W', 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 an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Contractor agrees that the employee -number category designated below is applicable to Contractor. _ _ 500 or more employees. _X_ 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, 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. G. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in perforining the Work. Contractor and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or 3 application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Contractor and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of sub -Contractor under a contract to the prime Contractor or higher tier sub -Contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. H. Title. Contractor shall execute and deliver a bill of sale or such other instruments of transfer, conveyance, and assignment, and will take such other actions as City may reasonably request, to effectively transfer, convey, and assign to and vest in City, clear title to all or any portion of the pumper apparatus. 1. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of Contractor's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. J. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, 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, Contractor agrees that, during performance of this Agreement, Contractor, 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, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 7, Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability; reimbursement, cause of action or other right. B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia —Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. Contractor agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O�.C.G.A. § 50-18-71, etseq.). C. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define; limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. D. Notices. All notices, requests, demands, 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 Party at the address first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. F. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Contractor represents that it has reviewed and become familiar with this Agreement. The Parties agree that, if an ambiguity or question of intent 4 or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. hi the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the and "an," but the fact that a modifier or an article is absent from one statement and appears in another isnot intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any Part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. IN WITNESS WHEREOF, City and Contractor have executed this Agreement, effective as of the Effective Date first above written. 5 CONTRACTOR- are & fety Equipment of Georgia, LLC Signature: Print Name: T� Title: Member/Manager Attest/Witness: Signature: Print Name: Title: D G/ -:-7K ' Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] D Ten -8 Fire & Safety Equipment of Georgia, LLC is pleased to submit a proposal to Milton Fire Department for a PierceR triple combination pumper per your request for quotation. The following paragraphs will describe in detail the apparatus, construction methods, and equipment proposed. This proposal will indicate size, type, model and make of components parts and equipment, providing proof of compliance with each and every item (except where noted) in the departments advertised specifications. PIERCE MANUFACTURING was founded in 1913. Since then we have been building bodies with one philosophy, 'BUILD THE FINEST". Our skilled craftsmen take pride in their work, which is reflected, in the final product. We have been building fire apparatus since the early "forties" giving Pierce Manufacturing over 60 years of experience in the fire apparatus market. Pierce Manufacturing has built and put into service more than 51,000 apparatus, including more than 27,000 on Pierce custom chassis designed and built specifically for fire and emergency applications. Our Appleton, Wisconsin facility has over 757,000 total square feet of floor space situated on approximately 97 acres of land. Our Bradenton, Florida facility has 300,000 square feet of floor space situated on approximately 38 acres of land. Our beliefs in high ethical standards are carried through in all of our commitments and to everyone with whom we do business. Honesty, Integrity, Accountability and Citizenship are global tenets by which we all live and work. Consequently, we neither engage in, nor have we ever been convicted of price fixing, bid rigging, or collusion in any domestic or international fire apparatus market. Pierce has only one brand of fire apparatus "Pierce", ensuring you are receiving top of the line product that meets your specification. In accordance with the current edition ofNFPA 1901 standards, this proposal will specify whether the fire department, manufacturer, or apparatus dealership will provide required loose equipment. Images and illustrative material in this proposal are as accurate as known at the time of publication, but are subject to change without notice. Images and illustrative material is for reference only, and may include optional equipment and accessories and may not include all standard equipment. ® GENERAL DESIGN AND CONSTRUCTION To control quality, ensure compatibility, and provide a single source for service and warranty, the custom cab, chassis, pump module and body will be entirely designed, assembled/welded and painted in Pierce owned manufacturing facilities. This includes, but not limited to the cab weldment, the pumphouse module assembly, the chassis assembly, the body and the electrical system. ® QUALITY AND WORKMANSHIP Pierce has set the pace for quality and workmanship in the fire apparatus field. Our tradition of building the highest quality units with craftsmen second to none has been the rule right from the beginning and we demonstrate that .ongoing commitment by: Ensuring all steel welding follows American Welding Society D1.1-2004 recommendations for structural steel welding. All aluminum welding follows American Welding society and ANSI D1.2-2003 requirements for structural welding of aluminum. All sheet metal welding follows American welding Society B2.1-2000 requirements for structural welding of sheet metal. Our flux core arc welding uses alloy rods, type 7000 and is performed to American Welding Society standards A5.20-E70T 1. Furthermore, all employees classified as welders are tested and certified to meet the American welding Society codes upon hire and every three (3) years thereafter. Pierce also employs and American Welding Society certified welding inspector in plant during working hours to monitor weld quality. Pierce Manufacturing operates a Quality Management System under the requirements of ISO 9001. These standards sponsored by the International Organization for Standardization (ISO) specify the quality systems that are established by the manufacturer for design, manufacture, installation and service. A copy of the certificate of compliance is included with this proposal. h1 addition to the Quality Management system, we also employ a Quality Achievement Supplier program to insure the vendors and suppliers that we utilize meet the high standards we demand. That 'is just part of our overall "Quality at the Source" program at Pierce. To demonstrate the quality of our products and services, a list of at least Five (5) fire departments/municipalities that have purchased vehicles for a second time is provided. ® DELIVERY The apparatus will be delivered under its own power to insure proper break-in of all components while the apparatus is still under warranty. A qualified delivery representative shall deliver the apparatus and remain for a sufficient length of time to instruct personnel in proper operation, care and maintenance of the equipment delivered. ® MANUAL. AND SERVICE INFORMATION At time of delivery, complete operation and maintenance manuals covering the apparatus will be provided. A permanent plate will be mounted in the driver's compartment specifying the quantity and type of fluids required including engine oil, engine coolant, transmission, pump transmission lubrication, pump primer and drive axle. ® SAFETY VIDEO At the time of delivery Pierce will also provide one (1) 39 -minute, professionally produced apparatus safety video, in DVD format. This video will address key safety considerations for personnel to follow when they are driving, operating, and maintaining the apparatus, including the following: vehicle pre -trip inspection; chassis operation, pump operation, aerial operation, and safety during maintenance. ® PERFORMANCE. TESTS A road test will be conducted with the apparatus fully loaded and a continuous run of no less than ten (10) miles. During that time the apparatus will show no loss of power nor will it overheat. The transmission drive shaft or shafts and the axles will run quietly and be free of abnormal vibration or noise. The apparatus when fully loaded will not have less than 25 percent nor more than 50 percent on the front axle, and not less than 50 percent nor more than 75 percent on the rear axle. The apparatus will meet NEPA 1901 acceleration and braking requirements. ® SERVICE AND WARRANTY SUPPORT Pierce dealership support will be provided by Ten -8 by operating a Pierce authorized_ service center. The service center will have factory -trained mechanics on staff versed in Pierce fire apparatus. The service facility will be located within one hundred (100) miles of the fire department. In addition to the dealership, Pierce has service facilities located in both, Weyauwega, Wisconsin and Bradenton, Florida. Pierce also maintains a dedicated parts facility of over 100,000 square feet in Appleton, Wisconsin. The parts facility stocks in excess of $5,000,000 in parts dedicated to service and replacement parts. The parts facility employs a staff dedicated solely for the distribution and shipment of service and replacement parts. Service parts for the apparatus being proposed can be found via Pierceparts.com which, is an interactive online tool that delivers information regarding your specific apparatus as well as the opportunity to register for training classes. As a Pierce customer you have the ability to view the complete bill of materials for your specific apparatus, including assembly drawings, piece part drawings, and beneficial parts notations. You will also have the ability to search the complete Pierce item master through a parts search function which offers all Pierce SKU's and descriptions offered on all Pierce apparatus. Published component catalogs, which include proprietary systems along with an extensive operators manual library is available for easy reference. Pierce Manufacturing maintains a dedicated service and warranty staff of over 35 personnel; dedicated to customer support, which also maintains a 24 hour 7 day a week toll free hot line, four (4) on staff EVTs, and offers hands-on repair and maintenance training classes multiple times a year. ® COMMERCIAL GENERAL LIABILITY INSURANCE Certification of insurance coverage will be enclosed. ® SINGLE SOURCE MANUFACTURER Pierce Manufacturing, Inc. provides an integrated approach to the design and manufacture of our products that delivers superior apparatus and a dedicated support team. From our facilities, the chassis, cab weldment, cab, pumphouse (including the sheet metal enclosure, valve controls, piping and operators panel) and body will be entirely designed, tested, and hand assembled to the customer's exact specifications. The electrical system either hardwired or multiplexed, will be both designed and integrated by Pierce Manufacturing. The warranties relative to these major components (excluding component warranties such as engine, transmission, axles, pump; etc.) will be provided by Pierce as a single source manufacturer. Pierce's single source solution adds value by providing a fully engineered product that offers durability, reliability, maintainability, performance, and a high level of quality. Your apparatus will be manufactured in Appleton, Wisconsin. ® NFPA 2016 STANDARDS This unit will comply with the NFPA standards effective January 1, 2016, except for fire department directed exceptions. These exceptions will be set forth in the Statement of Exceptions. Certification of slip resistance of all stepping, standing and walking surfaces will be supplied with delivery of the apparatus. All horizontal surfaces designated as a standing or walking surface that are greater than 48.00" above the ground must be defined by a 1.00" wide line along its outside perimeter. Perimeter markings and designated access paths to destination points will be identified on the customer approval print and are shown as approximate. Actual location(s) will be determined based on materials used and actual conditions at ficial build. Access paths may pass through hose storage areas and opening or removal of covers or restraints may be required. Access paths may require the operation of devices and equipment such as the aerial device or ladder rack. A plate that is highly visible to the driver while seated will be provided. This plate will show the overall height, length, and gross vehicle weight rating. The manufacturer will have programs in place for training, proficiency testing and performance for any staff involved with certifications. An official of the company will designate, in writing, who is qualified to witness and certify test results. ® NFPA COMPLIANCY Apparatus proposed by the bidder will meet the applicable requirements of the National Fire Protection Association (NFPA) as stated in current edition at time of contract execution. Fire department's specifications that differ from NFPA specifications will be indicated in the proposal as "non-NFPA ® VEHICLE INSPECTION PROGRAM CERTIFICATION To assure the vehicle is built to current NFPA standards, the apparatus, in its entirety, will be third -party, audit -certified through Underwriters Laboratory (UL) that it is built and complies to all applicable standards in the current edition of NFPA 1901. The certification will include: all design, production, operational, and performance testing of not only the apparatus, but those components that are installed on the apparatus. A placard will be affixed in the driver's side area stating the third party agency, the date, the standard and the certificate number of whole vehicle audit. ® PUMP TEST Underwriters Laboratory (UL) will test, approved; and certify the pump. The test results and the pump manufacturer's certification of hydrostatic test; the engine manufacturer's certified brake horsepower curve; and the pump manufacturer's record of pump construction details will be forwarded to the Fire Department. ® GENERATOR TEST If the unit has a generator, Underwriters Laboratory (UL) will test, approved, and certify the generator. The test results will be provided to the Fire Department at the time of delivery. ® BREATHING AIR TEST If the unit has breathing air, Pierce Manufacturing will draw an air sample from the air system and have the sample certified that the air quality meets the requirements of NFPA 1989, Standard on Breathing Air Quality for Fire and Emergency Services Respiratory Protection. ® APPARATUS MANUFACTURER Pierce Manufacturing is a subsidiary of Oshkosh Truck Corporation located in Oshkosh, Wisconsin. Oshkosh Truck Corporation is a publicly held company traded on the New York Stock Exchange (NYSE OSK). Oshkosh Truck Corporation is a fully owned and managed Corporation that is 100 percent held in the United States of America. ® INSPECTION TRIP(S) The bidder will provide two (2) factory inspection trip(s) for up to 5 per trip customer representative(s). The inspection trip(s) will be scheduled at times mutually agreed upon between the: manufacturer's representative and the customer. All costs such as travel, lodging and meals will be the responsibility of the bidder. ® BID BOND A bid bond as security for the bid in the form of a 10% bid bond will be provided with the proposal. This bid bond will be issued by a Surety Company who is listed on the U.S. Treasury Departments list of acceptable sureties as published in Department Circular 570. The bid bond will be issued by an authorized representative of the Surety Company and will be accompanied by a certified power of attorney dated on or before the date of bid. The bid bond will include language which assures that the bidder/principal will give a bond or bonds, as may be specified in the bidding or contract documents, with good and sufficient surety for the faithful performance of the contract, including the Basic One (1) Year Limited Warranty, and for the prompt payment of labor and material furnished in the prosecution of the contract. Notwithstanding any document or assertion to the contrary, any surety bond related to the sale of a vehicle will apply only to the Basic One (1) Year Limited Warranty for such vehicle. Any surety bond related to the sale of a vehicle will not apply to any other warranties that are included within this bid (OEM or otherwise) or to the warranties (if any) of any third party of any part; component, attachment or accessory that is incorporated into or attached to the vehicle. In the event of any contradiction or inconsistency between this provision and any other document or assertion, this provision will prevail. ® PERFORMANCE BOND NOT REQUESTED A performance bond will not be included. If requested at a later date, one will be provided to you for an additional cost and the following will apply: The successful bidder will furnish a Performance and Payment bond (Bond) equal to 100 percent of the total contract amount within 30 days of the notice of award. Such Bond will be in a form acceptableto the Owner and issued by a surety company included within the Department of Treasury's Listing of Approved Sureties (Department Circular 570) with a minimum A.M. Best Financial Strength Rating of A and Size Category of XV. In the event of a bond issued by a surety of a lesser Size Category, a minima n Financial Strength rating of A+ is required. Bidder and Bidder's surety agree that the Bond issued hereunder, whether expressly stated or not, also includes the surety's guarantee of the vehicle manufacturer's Bumper to Bumper warranty period included within this proposal. Owner agrees that the penal amount of this bond will be simultaneously amended to 25 percent of the total contract amount upon satisfactory acceptance and delivery of the vehicle(s) included herein. Notwithstanding anything contained within this contract to the contrary, the surety's liability for any warranties of any type will not exceed three (3) years from the date of such satisfactory acceptance and delivery, or the actual Bumper to Bumper warranty period, whichever is shorter. ®. APPROVAL DRAWING A drawing of the proposed apparatus will be prepared and provided to the purchaser for approval before construction begins. The Pierce sales representative will also be provided with a copy of the sane drawing. The finalized and approved drawing will become part of the contract documents. This drawing will indicate the chassis make and model, location of the lights, siren, horns, compartments; major components, etc. A "revised" approval drawing of the apparatus will be prepared and submitted by Pierce to the purchaser showing any changes made to the approval drawing. ® ELECTRICAL WIRING DIAGRAMS Two (2) electrical wiring diagrams, prepared for the model of chassis and body, will be provided. ®. ENFORCER C14ASSIS The Pierce Enforcefrm is the custom chassis developed exclusively for the fire service. Chassis provided will be a new, tilt -type custom fire apparatus. The chassis will be manufactured in the apparatus body builder's facility eliminating any split responsibility. The chassis will be designed and manufactured for heavy-duty service; with adequate strength, capacity for the intended load to be sustained, and the type of service required. The chassis will be the manufacturer's first line tilt cab. ® WHEELBASE The wheelbase of the vehicle will be 184.50. ® GVW RATING The gross vehicle weight rating will be 42,000. ® FRAME The chassis frame will be built with two (2) steel channels bolted to five (5) cross members or more, depending on other options of the apparatus. The side rails will be heat-treated steel measuring 10.25" x 3.50" x.375". Each rail will have as section modulus of 16.00 cubic inches, yield strength of 120,000 psi, and a resisting bending moment (rbm) of 1,921,069 inch -pounds. ® FRONT AXLE The front axle will be a reverse "I" beam type with inclined king pins. It will be a Meritofrm axle, Model FL -941, with a rated capacity of 18,000 lb. ® FRONT SUSPENSION The front springs will be a Standens, three (3) -leaf; taper leaf design, 54.00" long x 4.00" wide, with a ground rating of 18,000 lb. The two (2) top leaves will wrap the forward spring hanger pin. The top leaf will also wrap the rear spring hanger pin. Both the front and rear eyes will be Berlin style wraps that will place the eyes in the horizontal plane within the main leaf. This will reduce bending stress from acceleration and braking. A steel encased rubber bushing will be used in the spring eye. The steel encased rubber bushing will be maintenance free and require no lubrication. ® SHOCK ABSORBERS To provide a smoother ride, the front axle will he furnished with heavy-duty telescoping shock absorbers. ® FRONT OIL SEALS Oil seals with viewing window will be provided on the front axle. ® FRONT TIRES Front tires will be Goodyear© 315/8OR22.50 radials, 20 ply G291 tread, rated for 18,180 lb maximum axle load and 68 mph maximum speed. The tires will be mounted on Alcoa 22.50" x 9.00" polished aluminum disc wheels with a ten (10) stud, 11.25" bolt circle. ® REAR AXLE The rear axle will be a Meritor•TM, Model RS -23-156, with a capacity of 24,000 lb. ® TOP SPEED OF VEHICLE A rear axle ratio will be furnished to allow the vehicle to reach a top speed of 68 mph. ® REAR SUUSPENSION The rear suspension will be Standens; semi -elliptical, 3.00" wide x 53.00" long, 12 -leaf pack with a ground rating of 24,000 lb. The spring hangers will be castings. The two (2) top leaves will wrap the forward spring hanger pin, and the rear of the spring will be a slipper style end that will ride in a rear slipper hanger. To reduce bending stress due to acceleration and braking; the front eye will be a berlin eye that will place the front spring pin in the horizontal plane within the main leaf. A steel encased rubber bushing will be used in the spring eye. The steel encased rubber bushing will be maintenance free and require no lubrication. ® REAR OIL SEALS Oil seals will be provided on the rear axle(s). ®. REAR TIRES Rear tires will be four (4) Goodyear0 12R22.50 radials, 16 ply all season G622 RSD tread; rated for 27,120 lb maximum axle load and 75 mph maximum speed. The tires will be mourned on Alcoa 22.50" x 8.25" polished aluminum disc wheels with a ten (10) stud 11.25" bolt circle. e TIRE BALANCE All tires will be balanced with Counteract balancing beads. The beads will be inserted into the tire and eliminate the need for wheel weights. ®.. TIRE PRESSURE MANAGEMENT There will be a RealWheels LED AirSecureTM tire alert pressure management system provided, that will monitor each tire's pressure. A sensor will be provided on the valve stem of each tire for a total of six (6) tires. The sensor will calibrate to the tire pressure when installed on the valve stem for pressures between 10 and 200 psi. The sensor will activate an integral battery operated LED when the pressure of that tire drops 5 to 8 psi. Removing the cap from the sensor will indicate the functionality of the sensor and battery. If the sensor and battery are in working condition, the LED will immediately start to flash. ® FRONT HUB COVERS Stainless steel hub covers will be provided on the front axle. An oil level viewing window will be provided. REAR HUB COVERS A pair of stainless steel high hat hub covers will be provided on rear axle hubs. ® AUTOMATIC TIRE CHAINS One(]) pair of Onspot automatic tire chains will be provided at the rear. System will be electric over air operated with locking switch on cab instrument panel. System may be engaged at speeds up to 25 mph and operated at speeds up to 35 mph. ® CHROME .LUG NUT COVERS Chrome lug nut covers will be supplied on front and rear wheels. Mud flaps with a Pierce logo will be installed behind the front and rear wheels. ® WHEEL CHOCKS. There will be one (1) pair of folding Ziamatic, Model SAC -44-E, aluminum alloy, Quick -Choc wheel blocks, with easy -grip handle provided. ® WHEEL CHOCK BRACKETS There will be one (1) pair ofZico, Model SQCH-44-H, horizontal mounting wheel chock brackets provided for the Ziamatic, Model SAC -44-E, folding wheel chocks. The brackets will be made of aluminum and consist of a quick release spring loaded rod to hold the wheel chocks in place. The brackets will be mounted below the left side rear compartment. ® ANTI-LOCK BRAKE SYSTEM The vehicle will be equipped with a Meritor WABCO 4S4M, anti-lock braking system. The ABS will provide a 4 -channel anti-lock braking control on both the front and rear wheels. A digitally controlled system that utilizes microprocessor technology will control the anti-lock braking system. Each wheel will be monitored by the system. When any particular wheel begins to lockup, a signal will be sent to the control unit. This control unit then will reduce the braking of that wheel for a fraction of a second and then reapply the brake. This anti-lock brake system will eliminate the lockup of any wheel thus helping to prevent the apparatus from skidding out of control. ® BRAKES The service brake system will be full air type by Meritofrm. Front brakes will be Model EX225 Disc Plus, disc type with automatic pad wear adjustment and 17.00" ventilated rotors for improved stopping distance. The rear brakes will be Meritofrm, Disc Plus, Model EX225, disc operated with automatic slack adjusters and a 17.00" ventilated rotor for improved stopping distance. ® BRAKE SYSTEM AIR. COMPRESSOR. The air compressor will be a Cummins/WABCO with 1`8.7 cubic feet per minute output. ® BRAKE SYSTEM The brake system will include: ® Braketreadle valve ® Heated automatic moisture ejector on air dryer ® Total air system minimum capacity of 4,272 cubic inches ® Two (2) air pressure gauges with a red warning light and an audible alarm, that activates when air pressure falls below 60 psi ® Spring set parking brake system ® Parkingbrake operated by a push-pull style control valve A parking "brake on" indicator light on instrument panel ® Park brake relay/inversion and .anti -compounding valve,. in conjunction with a double check valve system, with an automatic spring brake application at 40 psi 0 A pressure protection valve to prevent all air operated accessories from drawing air from the air system when the system pressure drops below 80 psi (550 kPa) ® 114 turn drain valveson each air tank The air tank will be primed and painted to meet a minimum 750 hour salt spray test. To reduce the effects of corrosion, the air tank will be mounted with stainless steel brackets. ® BRAKE SYSTEM AIR DRYER The air dryer will be a WABCO System Saver 1200 IWT, with internal wet tank, spin -on coalescing filter cartridge and 100 watt heater. ® BRAKE LINES Color -coded nylon brake lines will be provided. The lines will be wrapped in a heat protective loom in the chassis areas that are subject to excessive heat. ® AIR INLET One (1) air inlet with 3D series male coupling will be provided. It will allow station air to be supplied to the apparatus brake system through a shoreline hose. The inlet will be located forward in the driver side lower step well of cab. A check valve will be provided to prevent reverse flow of air. The inlet will discharge into the "wet" tank of the brake system. A mating female fitting will also be provided with the loose equipment. ® AUTOMATIC MOISTURE EJECTOR(S) One (1) automatic moisture ejector will be installed in the brake system. The moisture ejector(s) will be provided on the on wet tank reservoir(s). ® REMOTE AIR TANK DRAIN There will be a remote cable controlled drain valve installed on each air supply reservoir. The drain valve will be actuated from the side of the vehicle and be a vinyl covered stainless steel cable, firmly attached to the underside of the vehicle. A loop will be provided at the cable end for ease of pulling the drain. ® COMPRESSION FITTINGS ONLY Any nylon tube on the apparatus that is pneumatic will be plumbed with compression type fittings where applicable. ® ENGINE The chassis will be powered by an electronically controlled engine as described below: Make: Cummins Model: i L9 Power: 400 hp at 2100 rpm Torque: 1250 lb -ft at 1400 rpm Governed 2200 rpm Speed: Emissions EPA 2017 Level: Fuel. Diesel ;Cylinders: Six (6) 1 Displacement: (543 cubic inches (8.9L) Starter: Delco Remy 39MTTM Fuel Filters: Spin -on style primary filter with water separator and water -in -fuel sensor. Secondary spin -on style filter. _ The engine will include On -board diagnostics (OBD), which provides self diagnostic and reporting. The system will give the owner or repair technician access to state of health information for various vehicle sub systems. The system will monitor vehicle systems, engine and after treatment. The system will illuminate a malfunction indicator light on the dash console if a problem is detected. ® HIGH IDLE A high idle switch will be provided, inside the cab, on the instrument panel, that will automatically maintain a preset engine rpm. A switch will be installed, at the cab instrument panel, for activation/deactivation. The high idle will be operational only when the parking brake is on and the truck transmission is in neutral. A green indicator light will be provided, adjacent to the switch. The light will illuminate when the above conditions are met. The fight will be labeled "OK to Engage High Idle." ® ENGINE BRAKE A Jacobs® engine brake is to be installed with the controls located on the instrument panel within easy reach of the driver. The driver will be able to turn the engine brake system on/off and have a high, medium and low setting. The engine brake will activate when the system is on and the throttle is released. The high setting of the brake application will activate and work simultaneously with the variable geometry turbo (VGT) provided on the engine. The engine brake will be installed in such a manner that when the engine brake is slowing the vehicle the brake lights are activated. The ABS system will automatically disengage the auxiliary braking device, when required. ® CLUTCH FAN A fan clutch will be provided. The fan clutch will be automatic when the pump transmission is in "Road" position, and constantly engaged when in "Pump" position. ® ENGINE AIR INTAKE The engine air intake will be located above the engine cooling package. It will draw fresh air from the front of the apparatus through the radiator grille. A stainless steel metal screen will be installed at the inlet of the air intake system that will meet NFPA 1901 requirements. The air cleaner and stainless steel screen will be easily accessible bytilting the cab. ® EXHAUST SYSTEM The exhaust system will be stainless steel from the turbo to the engine's aftertreatment device, and will be 4.00" in diameter. The exhaust system will include a single module aftertreatment device to meet current EPA standards. An insulation wrap will be provided on all exhaust pipes between the turbo and aftertreatment device to minimize the heat loss to the aftertreatment device . The exhaust will terminate horizontally ahead of the right side rear wheels. A tailpipe diffuser will be provided to reduce the temperature of the exhaust as it exits. Heat deflector shields will be provided to isolate chassis and body components from the heat of the tailpipe diffuser. ® RADIATOR The radiator and the complete cooling system will meet or exceed NFPA and engine manufacturer cooling system standards. For maximum corrosion resistance and cooling performance, the entire radiator core will be constructed using long life aluminum alloy. The radiator core will consist of aluminum fins, having a serpentine design, brazed to aluminum tubes. No solder joints or leaded material of any kind will be acceptable in the core assembly. The radiator core will have a minimum front area of 1060 square inches. Supply tank will be made of heavy duty glass -reinforced nylon and the return tank will be mode of aluminum. Both tanks will be crimped onto the core assembly using header tabs and a compression gasket to complete the radiator core assembly. There will be a full steel frame around the inserts to enhance cooling system durability and reliability. The radiator will be compatible with commercial antifreeze solutions. The radiator assembly will be isolated from the chassis frame rails with rubber isolators to prevent the development of leaks caused by twisting or straining when the apparatus operates over uneven terrain. The radiator will include a de-aeration/expansion tank. For visual coolant level inspection, the radiator will have a built-in sight glass. The radiator will be equipped with a 15 psi pressure relief cap. A drain port will be located at the lowest point of the cooling system and/or the bottom of the radiator to permit complete flushing of the coolant from the system. Shields or baffles will be provided to prevent recirculation of hot air to the inlet side of the radiator. COOLANT LINES Gates, or Goodyear, rubber hose will be used for all engine coolant lines installed by Pierce Manufacturing. Hose clamps will be stainless steel constant torque type to prevent coolant leakage. They will expand and contract according to coolant system temperature thereby keeping a constant clamping pressure on the hose. ® FUEL TANK A 65 gallon fuel tank will be provided and mounted at the rear of the chassis. The tank will be constructed of 12 -gauge, hot rolled steel. It will be equipped with swash partitions and avent. To eliminate the affects of corrosion, the fuel tank will be mounted with stainless steel straps. A 0.75" drain plug will be located in a low point of the tank for drainage_ A fill inlet will be located on the left hand side of the body and is covered with a hinged, spring loaded, stainless steel door that is marked "Ultra Low Sulfur Diesel Fuel Only." A 0.50" diameter vent will be installed from tank top to just below fuel till inlet. The fuel tank will meet all FHWA 393.67 requirements including a fill capacity of 95 percent of tank volume. All fuel lines will be provided as recommended by the engine manufacturer. ®. DIESEL EXHAUST FLUID TANK A 4.5 gallon diesel exhaust fluid (DEF) tank will be provided and mounted in the driver's side body rearward of the rear axle. A 0.50" drain plug will be provided in a low point of the tank for drainage. A fill unlet will be provided and marked "Diesel Exhaust Fluid Only". The fill inlet will be located adjacent to the engine fuel inlet behind a common hinged, spring loaded, polished stainless steel door on the driver side of the vehicle. The tank will meet the engine manufacturer's requirement for 10 percent expansion space in the event of tank freezing. The tank will include an integrated heater unit that utilizes engine coolant to thaw the DEF in the event of freezing. The stainless steel flip door for selecting between DEF fill and the diesel fill will be spring loaded to default to covering the DEF fill. ® TRANSMISSION An Allison 5th generation, Model EVS 3000P, electronic torque converting automatic transmission will be provided. The transmission will be equipped with prognostics to monitor oil life, filter life, and transmission health. A wrench icon on the shift selector's digital display will indicate when service is due. Two (2) PTO openings will be located on both sides of converter housing (positions 4 o'clock and 8 o'clock) as viewed from the rear. A transmission temperature gauge with red light and audible alarm will be installed on the cab dash. ® TRANSMISSION SHIFTER A five (5) -speed push button shift module will be mounted to right of driver on console. Shift position indicator will be indirectly lit for after dark operation. The transmission ratio will be: 1st 3.49 to 1.00 2nd 1.86 to 1.00 3rd 1.41 to 1.00 4th 1.00 to 1.00 5th 0.75 to 1.00 R 5.03 to 1.00 ® TRANSMISSION COOLER A Modine plate and fin transmission oil cooler will be provided using engine coolant to control the transmission oil temperature. ® DOWNSHIFT MODE (w/engine brake) The transmission will be provided with an aggressive downshift mode. This will provided earlier transmission downshifts to 2nd gear, resulting in unproved engine braking performance. ® TRANSMISSION. PROGRAM. The transmission will shift to neutral when parking brake is set. ® TRANSMISSION FLUID The transmission will be provided with TES - 295 TranSynd heavy duty synthetic transmission fluid. a DRIVELINE Drivelines will be a heavy-duty metal tube and be equipped with Spicer® 1710 universal joints. The shafts will be dynamically balanced before installation. A splined slip joint will be provided in each driveshaft where thedriveline design requires it. The slip joint will be coated with GlidecoatR or equivalent. STEERING Steering gear will be provided with integral heavy-duty power steering. For reduced system temperatures, the power steering will incorporate an air to oil cooler and Vickers® V20NF hydraulic pump with integral pressure and flow control. All power steering lines will have wire braded lines with crimped fittings. A tilt and telescopic steering column will be provided to improve fit for a broader range of driver configurations. ® STEERING WHEEL, The steering wheel will be 18.00" in diameter, have tilting and telescoping capabilities, and a four (4) - spoke design. There will be a switch pod provided on each side of the steering wheel between the spokes. The switch pods will be an integral part of the steering wheel. Each switch pod will contain four (4) switches. The following switches will be provided: Air horn Emergency lighting Area lighting Front dome light Rear dome light Q213 siren activate Q213 siren brake Wiper mist Full floating horn pad ® LOGO AND CUSTOMER DESIGNATION ON DASH The dash panel will have an emblem containing the Pierce logo and customer name. The emblem will have three (3) rows of text for the customer's department name. There will be a maximum of eight (8) characters in the firstrow, 11 characters in the second row and 11 characters in the third row. The first row of text will be: MILTON The second row of text will be: FIRE The third row of text will be: RESCUE ® AUTOMATIC CHASSIS LUBRICATION A Vogel Automatic Lubrication System will be provided. The lubrication will be supplied while the vehicle ignition switch is active to allow a uniform application of grease to the locations listed. The electronic control unit that forms part of the system will activate the pump after an adjustable interval time. The unit will control and monitor pump operation and report any faults via an indicator light on the driver's dashboard of the cab. The lubrication system reservoir, which requires a 15.00" wide x 14.50" high x 6.25" deep mounting area, will be located Under cab on the apparatus. - Slack Adjusters - Brake Cain Screws - Steering Assist Cylinder (if applicable) - Tie Rods - Drag Link - Ding Pins - Spring Pins - Shackle Pins - Walking Beam Puns (tandem axle, if applicable) ® BUMPER A one (1) piece bumper manufactured from .25" formed steel with a.38" bend radius will be provided. The bumper will be a minimum of 10.00" high with a 1.50" top and bottom flange, and will extend 19.00" from the face of the cab. The bumper will be 95.28" wide with 45 degree comers and side plates. The bumper will be metal finished and painted job color. To provide adequate support strength, the bumper will be mounted directly to the front of the C channel frame. The frame will be a bolted modular extension frame constructed of 50,000 psi tensile steel.. The frame will include a 6.00" x 2.00" x.25" wall steel tube with .38" gusset plates for increased support of the bumper assembly. GRAVEL PAN A gravel pan, constructed of bright aluminum treadplate, will be furnished between the bumper and the cab face. The pan will be properly supported from the underside to prevent flexing and vibration. ® LEFT SIDE HOSE TRAY A hose tray will be placed in the left side of the extended bumper. The tray will have a capacity of 100' of 1.75" double jacket cotton -polyester hose. Black rubber grating will be provided at the bottom. of the tray. Drain holes will be provided. ® LEFT HOSE TRAY RESTRAINT There will be two (2) hose tray restraint strap(s) located over the left side mounted tray. Each restraint will be a 2.00" wide black nylon strap with seat belt buckle fasteners provided. The strap(s) will be used to secure the ]lose in the tray. RIGHT SIDE HOSE TRAY A hose tray will be placed in the right side of the extended bumper. The tray will have a capacity of 100' of 1.75" double jacket cotton -polyester hose. Black rubber grating will be provided at the bottom of the tray. Drain holes will be provided. • RIGHT HOSE TRAY RESTRAINT There will be two (2) hose tray restraint strap(s) located over the right side mounted tray. Each restraint will be a 2.00" wide black nylon strap with seat belt buckle fasteners provided. The strap(s) will be used to secure the hose in the tray. ® TOW HOOKS Two (2) chromed steel tow hooks will be installed under the bumper and attached to the front frame members. The tow hooks will be designed and positioned to allow up to a 6,000 lb straight horizontal pull in line with the centerline of the vehicle. The tow hooks will not be used for lifting of the apparatus. ® FRONT BUMPER NOTCH The front bumper will be notched for recessing of the Q213 siren. The notch will be designed so that the bumper is one continuous piece. The notch will be welded in place for strength with a continuous top and bottom flange. All welds will be metal finished for appearance. The siren will be located PS for mech siren of the bumper. • FRONT BUMPER PROTECTIVE COATING Protective black Pierce polyurea texture coating will be provided on the outside exterior of the top front bumper flange. It will not be applied on the underside of the flange. ® CAB The Enforcer cab will be designed specifically for the fire service and manufactured by the chassis builder. The cab will be built by the apparatus manufacturer in a facility located on the manufacturer's premises. For reasons of structural integrity and enhanced occupant protection, the cab will be a heavy duty design, constructed to the following minimal standards. The cab will have 12 main vertical structural members located in the A -pillar (front cab corner posts), B- pillar (side center posts), C=pillar (rear corner posts), and rear wall areas. The A -pillar will be constructed of solid A356 -T5 aluminum castings. The B -pillar and C -pillar will be constructed from 0.13" wall extrusions. The rear wall will be constructed of two (2) 2.00" x 2.00" outer aluminum extrusions and two (2) 2.00" x 1.00" inner aluminum extrusions. All main vertical structural members will run from the floor to 4.625" x 3.864" x 0.090" thick roof extrusions to provide a cage -like structure with the A -pillar and roof extrusions being welded into a 0.25" thick corner casting at each of the front corners of the roof assembly. The front of the cab will be constructed of a 0.13" firewall plate, covered with a 0.090" front skin (for a total thickness of 0.22"), and reinforced with a full width x 0.50" thick cross -cab support located just below the windshield and fully welded to the engine tunnel. The cross -cab support will run the full width of the cab and weld to each A -pillar, the 0.13" firewall plate, and the front skin. The cab floors will be constructed of 0.125" thick aluminum plate and reinforced at the firewall with an additional 0.25" thick cross -floor support providing a total thickness of 0.375" of structural material at the front floor area. The front floor area will also be supported with two (2) triangular 0.30" wall extrusions that also provides the mounting point -for the cab lift. This tubing will run from the floor wireway of the cab to the engine tunnel side plates, creating the structure to support the forces created when lifting the cab. The cab will be 96.00" wide (outside door skin to outside door skin) to maintain maximum maneuverability. The forward cab section will have an overall height (from the cab roof to the ground) of approximately 99.00". The crew cab section will have a 10.00" raised roof, with an overall cab height of approximately 109.00". The overall height listed will be calculated based on a truck configuration with the lowest suspension weight rating, the smallest diameter tires for the suspension, no water weight, no loose equipment weight, and no personnel weight. Larger tires, wheels, and suspension will increase the overall height listed. The floor to ceiling height inside the crew cab will be 64.50" in the center and outboard positions. The crew cab floor will measure 46.00" from the rear wall to the back side of the rear facing seat risers. The medium block engine tunnel, at the rearward highest point (knee level), will measure 61.50 to the near wall. The big block engine tunnel will measure 51.50" to the rear wall. The crew cab will be atotally enclosed design with the interior area completely open to improve visibility and verbal communication between the occupants. The cab will be a full tilt cab style. A 3 -point cab mount system with rubber isolators will improve ride quality by isolating chassis vibrations from the cab. ® CAB ROOF DRIP RAIL For enhanced protection from inclement weather, a drip rail will be furnished on the sides of the cab. The drip rail will be painted to match the cab roof, and bonded to the sides of the cab. The drip rail will extend the full length of the cab roof. ®. INTERIOR CAB INSULATION The cab will include 1.00" insulation in the ceiling, 1.50" insulation in the side walls, and 2.00" insulation in the rear wall to maximize acoustic absorption and thermal insulation. ® FENDER LINERS Full circular inner fender liners in the wheel wells will be provided. ® PANORAMIC WINDSHIELD A one (1) -piece safety glass windshield will be provided with over 2,775 square inches of clear viewing area. The windshield will be full width and will provide the occupants with a panoramic view. The windshield will consist of three (3) layers; outer light, middle safety laminate, and inner light. The outer light layer will provide superior chip resistance. The middle safety laminate layer will prevent the windshield glass pieces from detaching in the event of breakage. The inner light will provide yet another chip resistant layer. The cab windshield will be bonded to the aluminum windshield frame using a urethane adhesive. A custom frit pattern will be applied on the outside perimeter of the windshield fora finished automotive appearance. ® WINDSHIELD WIPERS Three (3) electric windshield wipers with washer will be provided that meet FMVSS and SAE requirements. The washer reservoir will be able to be filled without raising the cab. ® ENGINETUNNEL Engine hood side walls will be constructed of 0.375" aluminum; The top will be constructed of 0.125" aluminum and will be tapered at the top to allow for more driver and passenger elbow room. The engine hood will be insulated for protection from heat and sound. The noise insulation keeps the dBA level within the limits stated in the current NFPA 1901 standards. The engine tunnel will be no higher than 17.00" off the crew cab floor. ® INTERIOR CREW CAB REAR WALL ADJUSTABLE. SEATING (PATENT PENDING) The interior rear wall of the crew cab will have mounting holes every 2.75" to allow for adjustability of the forward facing crew cab seating along the rear wall. Seats will be adjustable with use of simple hand tools allowing departments flexibility of their seating arrangement should their department needs change. ® CAB REAR WALL EXTERIOR COVERING The exterior surface of the rear wall of the cab will be overlaid with bright aluminum treadplate that covers the entire rear wall. ® CAB: LIFT A hydraulic cab lift system will be provided consisting of an electric powered hydraulic pump, dual lift cylinders, and necessary hoses and valves. Hydraulic pump will have a manual override for backup in the event of electrical failure. Lift controls will be located on the right side pump panel or front area of the body in a convenient location. The cab will be capable of tilting 43 degrees to accommodate engine maintenance and removal. The cab will be locked down by a 2-p0int normally closed spring loaded hook type latch that fully engages after the cab has been lowered. The system will be hydraulically actuated to release the normally closed locks when the cab lift control is in the raised position and cab lift system is under pressure. When the cab is completely lowered and system pressure has been relieved, the spring loaded latch mechanisms will return to the normally closed and locked position. The hydraulic cylinders will be equipped with a velocity fuse that protects the cab from accidentally descending when the control is located in the tilt position. For increased safety, a redundant mechanical stay arm will be provided that must be manually put in place on the left side between the chassis and cab frame when the cab is in the raised position. This device will be manually stowed to its original position before the cab can be lowered. Cab Lift Interlock The cab lift system will be interlocked to the parking brake. The cab tilt mechanism will be active only when the parking brake is set and the ignition switch is in the on position. If the parking brake is released, the cab tilt mechanism will be disabled. ® GRILLE A bright finished aluminum mesh grille screen, inserted behind a bright finished grille surround, will be provided on the front center of the cab. ® DOORJAMB SCUFFPLATES All cab doorjambs will be furnished with a polished stainless steel scuffplate, mounted on the striker side of the jamb. ® MIRRORS A Retrac, Model 613423, dual vision, motorized, west coast style mirror, with chrome finish, will be mounted on each side of the front cab door with spring loaded retractable arms. The flat glass and convex glass will be heated and adjustable with remote control within reach of the driver. ® DOORS To enhance entry and egress to the cab, the forward cab doors will be a minimum of 37.50" wide x 75.50" high. The crew cab doors will be located on the sides of the cab and will be constructed in the same manner as the forward cab doors. The crew cab door openings will be a minimum of 34.30" wide x 85.50" high. The forward cab and crew cab doors will be constructed of extruded aluminum with a nominal material thickness of 0.093". The exterior door skins will be constructed from 0.090" aluminum. A customized, vertical, pull-down type door handle will be provided on the exterior of each cab door. The exterior handle will be designed specifically for the fire service to prevent accidental activation, and will provide 4.00" wide x 2.00" deep hand clearance for ease of use with heavy gloved hands. Each door will also be provided with an interior flush, open style paddle handle that will be readily operable from fore and aft positions, and be designed to prevent accidental activation. The interior handles will provide 4.00" wide x 1.25" deep hand clearance for ease of use with heavy gloved hands. The cab doors will be provided with both interior (rotary knob) and exterior (keyed) locks exceeding FMVSS standards. The keys will be Model 751. The locks will be capable of activating when the doors are open or closed. The doors will remain locked if locks are activated when the doors are opened, then closed. A full length, heavy duty, stainless steel, piano -type hinge with a 0.38" pin and 1 l gauge leaf will be provided on all cab doors. There will be double automotive -type rubber seals around the perimeter of the door framing and door edges to ensure a weather -tight fit. A chrome grab handle will be provided on the inside of each cab door for ease of entry. The cab steps at each cab door location will be located inside the cab doors to protect the steps from weather elements. ® DOOR PANELS The inner cab door panels will be constructed out of brushed stainless steel. ® MANUAL CAB DOOR WINDOWS All cab entry doors will contain a conventional roll down window. ® CAB STEPS The forward cab and crew cab access steps will be a full size two (2) step design to provide largest possible stepping surfaces for safe ingress and egress. The bottom steps will be designed with a grip pattern punched into bright aluminum treadplate material to provide support, slip resistance, and drainage. The bottom steps will be a bolt -in design to minimize repair costs should they need to be replaced. The forward cab steps will be a minimum 25.00" wide, and the crew cab steps will be 21.65" wide with an 8.00" minimum depth. The inside cab steps will not exceed 16.50" in height. A slip -resistant handrail will be provided adjacent to each cab door opening to assist during cab ingress and egress. The vertical surfaces of the step well will be aluminum treadplate. ® STEP LIGHTS There shall be six (6) white LED step lights installed for cab and crew cab access steps. • One (1) light for the driver's access steps. ® Two (2) lights for the driver's side crew cab access steps. ® Two (2) lights for the passenger's side crew cab access steps. ® One (1) light for the passenger's side access step. In order to ensure exceptional illumination, each light shall provide a minimum of 25 foot-candles (fc) covering an entire 15" x 15" square placed ten (10) inches below the light and a minimum of 1.5 fc covering an entire 30" x 30" square at the same ten (10) inch distance below the light. The lights shall be activated when the battery switch is on and the adjacent door is opened. ® FENDER CROWNS Stainless steel fender crowns will be installed at the cab wheel openings. 0 HANDRAILS BELOW CAB WINDSHIELD A 10.00" long x 1.25" diameter handrail will be mounted below the front cab windshield, one (1) on each side. The handrails will be extruded aluminum with a ribbed design to provide a positive gripping surface. ® CREW CAB WINDOWS One (1) fixed window with tinted glass will be provided on each side of the cab, to the rear of the front cab door. The windows will be sized to enhance light penetration into the cab interior. The windows will measure 18.70" wide x 23.00" high. ® STORAGE COMPARTMENTS Providedon each side of the cab, to the rear of the crew cab access doors, will be a storage compartment. The compartments will be approximately 12.75" wide x 24.00" high x 15.00" deep. The doors will be painted aluminum, double pan construction with one (1) D -ring slain latch.A rubber bumper for each exterior door will be used as a doorstop. The compartment interior will be painted spatter gray. Compartment Light There will be two (2) white LED strip lights provided, one (1) horizontally above each compartment door opening. ® EQUIPMENT MOUNTING AREA There will be an aluminum angle with a 1.00" lip installed on the dash to prevent books helmets and other item from sliding off the dash panel. The angle will run full length across flat portion of the dashboard in front of the officer. ® CUP HOLDER There will be two (2) cup holder(s) provided. Each cup holder will have self-adjusting fingers that automatically grip beverage containers of various sizes. A recess in the cup holder will allow into hold beverage containers with handles. The cup holder(s) will be located at customer pick-up. ® AIR BOTTLE HOLDERS There will be one (1) Gen 11 Hands -Free bracket(s) provided in the crew cab. For efficiency and convenience, the bracket will include an automatic spring clamp that allows the user to store the SCBA bottle by simply pushing it into the bracket. For protection of all occupants in the cab, in the event of an accident, the inertial components within the clamp will constrain the SCBA bottle for up to a 9G force (dynamic sled test), which meets NEPA standard. Bracket designs with manual restraints (belts, straps, buckles) that could be inadvertently left unlocked andallow the SCBA to move freely within the cab during an accident, will not be acceptable. The bracket(s) will be located DS Rear facing seat location. ® MOUNTING PLATE ON ENGINE TUNNEL Equipment installation provisions will be installed on the engine tunnel. A.25" smooth aluminum plate will be bolted to the top surface of the engine tunnel. The plate will follow the contour of the engine tunnel and will run the entire length of the engine tunnel The plate will be spaced off the engine tunnel .50" to allow for wire routing below the plate. The mounting surface will be painted to match the cab interior. ® BRACKET TO MOUNT SCBA HOLDER There will be one (1) bracket(s) provided for mounting air bottle brackets. Each bracket will be mounted on a 45 degree angle mounting plate located in the crew cab. Each mounting bracket will be designed to hold one (1) Ziamatic SCBA holder. The bracket(s) will be mounted DS Rear facing seat location. ® CAB INTERIOR The cab interior will be constructed of primarily metal (painted aluminum) to withstand the severe duty cycles of the fire service. The officer side dash will be a flat faced design to provide easy maintenance and will be constructed out of painted aluminum. The instrument cluster will be surrounded with a high impact ABS plastic contoured to the same shape of the instrument cluster. The engine tunnel will be padded and covered, on the top and sides, with dark silver gray 46 ounce leather grain vinyl resistant to oil, grease, and mildew. For durability and ease of maintenance, the cab interior side walls will be painted aluminum. The rear wall will be painted aluminum. The headliner will be installed in both forward and rear cab sections. Headliner material will be vinyl. A sound barrier will be part of its composition. Material will be installed on an aluminum sheet and securely fastened to interior cab ceiling.. The forward portion of the cab headliner will permit easy access for service of electrical wiring or other maintenance needs. All wiring will be placed in metal raceways. ® CAB INTERIOR UPHOLSTERY The cab interior- upholstery will be dark silver gray. ®. CAB INTERIOR PAINT A rich looking interior will be provided by painting all the metal surfaces inside the cab fire smoke gray, vinyl texture paint. ® CAB FLOOR The cab and crew cab floor areas will be covered with PolydampTM acoustical floor mat consisting of a black pyramid rubber facing and closed cell foam decoupler. The top surface of the material has a series of raised pyramid shapes evenly spaced, which offer a superior grip surface. Additionally, the material has a 0.25" thick closed cell foam (no water absorption) which offers a sound dampening material for reducing sound levels. ® CAB DEFROSTER To provide maximum defrost and heating performance, a 43,500 BTU heater -defroster unit with 350 CFM of air flow will be provided inside the cab. The defroster unit will be strategically located under the center forward portion of the vacuum formed instrument panel. For easy access, a removable vacuum formedcover will be installed over the defroster unit. The defroster will include an integral aluminum frame air filter, high performance dual scroll blowers, and ducts designed to provide maximum defrosting capabilities for the 1 -piece windshield. The defroster ventilation will be built into the design of the cab dash instrument panel and will be easily removable for maintenance. The defroster will be capable of clearing 98 percent of the windshield and side glass when tested under conditions where the cab has been cold soaked at 0 degrees Fahrenheit for 10 hours, and a2 ounce per square inch layer of frost/ice has been able to build up on the exterior windshield. The defroster system will meet or exceed SAE J382 requirements. ® CAB/CREW CAB HEATER Two (2) 44,180 BTU auxiliary heaters with 276 CFM (each unit) of air flow will be provided inside the crew cab, one (1) in each outboard rear -facing seat riser. The heaters will include high performance dual scroll blowers, one (1) for each unit. Outlets for the heaters will be located below each rear facing seat riser and below the fronts of the driver and passenger seats, for efficient airflow. An extruded aluminum plenum will be incorporated in the cab structure that will transfer heat to the forward cab seating positions. Theheater/defroster and crew cab heaters will be controlled by a single integral electronic control panel. The heater control panel will allow the driver to control heat flow to the front and rear simultaneously. The control panel will include variable adjustment for temperature and fan control, and be conveniently located on the dash in clear view of the driver. The control panel will include highly visible; progressive LED indicators for both fan speed and temperature. ® AIR CONDITIONING A high performance, customized air conditioning system will be furnished inside the cab and crew cab. The air conditioning system will be capable of cooling the average cab temperature from 100 degrees Fahrenheit to 75 degrees Fahrenheit within 30 minutes at 50 percent relative humidity. The cooling performance test will be run only after the cab has been heat soaked at 100 degrees Fahrenheit for a minimum of 4 hours. A radiator mounted condenser with a 59,644 BTU output that meets and exceed the performance specification will be installed. One (1) evaporator unit will be installed in the center roof with two (2) cores, one (1) for the cab and one (1) for the crew cab. The evaporator unit will have an adequate BTU rating to meet the performance specifications. Adjustable air outlets will be strategically located on the evaporator cover per the following; ® Four (4) will be directed towards the driver's location ® Four (4) will be directed towards the officer's location ® Seven (7) will be directed towards the crew cab area The air conditioner refrigerant will be R -134A and will be installed by a certified technician. The air conditioner will be controlled by a single electronic control panel. For ease of operation, the control panel will include variable adjustment for temperature and fan control and be conveniently located on the dash in clear view of the driver. ® SUN VISORS Two (2) smoked LexanTM sun visors provided. The sun visors will be located above the windshield with one (1) mounted on each side of the cab.: There will be no retention bracket provided to help secure each sun visor in the stowed position. ® GRAB HANDLES A black rubber covered grab handle will be mounted on the door post of the driver and officer's side cab door to assist in entering the cab. The grab handles will be securely mounted to the post area between the door and windshield. ® ENGINE COMPARTMENT LIGHTS There will be one (1) Whelen, Model 3SCOCDCR, 12 volt DC, 3.00" white LED light(s) with Whelen, Model 3FLANGEC, chrome flange kit(s) installed under the cab to be used as engine compartment illumination. These light(s) will be activated automatically when the cab is raised. ® ACCESS TO ENGINE DIPSTICKS For access to the engine oil and transmission fluid dipsticks, there will be a door on the engine tunnel, inside the crew cab. The door will be on the rear wall of the engine tunnel, on the vertical surface. The engine oil dipstick will allow for checking only. The transmission dipstick will allow for both checking and filling. The door will have a rubber seal for thermal and acoustic insulation. One (1) flush latch will be provided on the access door. MAP BOX A map box with four (4) bins, open from top, will be installed mount at final. The map box will be divided into four (4) bins, each being 12.50" wide x 2.25 high x 12.00" deep. Each bin will slant 30 degrees from horizontal. The map box will be constructed of .125" aluminum and will be painted to match the cab interior. ® CAB SAFETY SYSTEM The cab will be provided with a safety system designed to protect occupants in the event of a side roll or frontal impact, and will include the following: ® A supplemental restraint system (SRS) sensor will be installed on a structural cab member behind the instrument panel. The SRS sensor will perform real time diagnostics of all critical subsystems and will record sensory inputs immediately before and during aside roll or frontal impact event. ® A slave SRS sensor will be installed in the cab to provide capacity for eight (8) crew cab seating positions. ® A fault -indicating light will be provided on the vehicle's instrument panel allowing the driver to monitor the operational status of the SRS system. ® A driver side front air bag will be mounted in the steering wheel and will be designed to protect the head and upper torso of the occupant, when used in combination with the 3 -point seat belt. ® A passenger side knee bolster air bag will be mounted in the modesty panel below the dash panel and will be designed toprotect the legs of the occupant, when used in combination with the 3 - point seat belt. ® Air curtains will be provided in the outboard bolster of outboard seat backs to provide a cushion between occupant and the cab wall. ® Suspension seats will be provided with devices to retract them to the lowest travel position during a side roll or frontal impact event. ® Seat belts will be provided with pre-tensioners to remove slack from the seat belt during a side roll or frontal impact event. ®. FRONTAL IMPACT PROTECTION The SRS system will provide protection during a frontal or oblique impact event. The system will activate when the vehicle decelerates at a predetermined G force known to cause injury to the occupants. The cab and chassis will have been subjected, via third party test facility, to a crash impact during frontal and oblique impact testing. Testing included all major chassis and cab components such as mounting straps for fuel and air tanks, suspension mounts, front suspension components, rear suspensions components, frame rail cross members, engine and transmission and their mounts, pump house and mounts, frame extensions and body mounts. The testing provided configuration specific information used to optimize the timing for firing the safety restraint system. The sensor will activate the pyrotechnic devices when the correct crash algorithm, wave form, is detected. The SRS system will deploy the following components in the event of a frontal or oblique impact event: ® Driver side front air bag ® Passenger side knee bolster air bag ® Air curtains mounted in the outboard bolster of outboard seat backs ® Suspension seats will be retracted to the lowest travel position ® Seat belts will be pre -tensioned to firinly hold the occupant in place ® SIDE ROLL PROTECTION The SRS system will provide protection during a_fast or slow 90 degree roll to the side, in which the vehicle comes to rest on its side. The system will analyze the vehicle's angle and rate of roll to determine the optimal activation of the advanced occupant restraints. The SRS system will deploy the following components in the event of a side roll: ® Air curtains mounted in the outboard bolster of outboard seat backs ® Suspension seats will be retracted to the lowest travel position ® Seat belts will be pre -tensioned to firmly hold the occupant in place ® SEATING CAPACITY The seating capacity in the cab will be six (6). ® DRIVER SEAT A seat will be provided in the cab for the driver. The seat design will be a ear action type, with air suspension. For increased convenience, the seat will include a manual control to adj ust the horizontal position (6.00" travel). The manual horizontal control will be a towel -bar style located below the forward part of the seat cushion. To provide flexibility for multiple driver configurations, the seat will have an adjustable reclining back. The seat back will be a high back style with side bolster pads for maximum support. For optimal comfort, the seat will be provided with 17.00" deep foam cushions designed with EVC (elastomericvibration control). The seat will include the following features incorporated into the side roll protection system: ® Side air curtain will be mounted integral to the outboard bolster of the seat back. The air curtain will be covered by adecorative panel when in the stowed position. ® A suspension seat safety system will be included. When activated in the event of a side roll, this system will pretension the seat belt and retract the seat to its lowest travel position. The seat will be furnished with a 3 -point, shoulder type seat belt. ®. OFFICER SEAT A seat will be provided in the cab for the passenger. The seat will be a fixed type; with no suspension. For optimal comfort, the seat will be provided with 17.00" deep foam cushions designed with EVC (elastomeric vibration control). The seat back will be an SCBA back style with 5 degree fixed recline angle. The SCBA cavity will be adjustable from front to rear in 1.00" increments, to accommodate different sized SCBA cylinders. Moving the SCBA cavity will be accomplished by unbolting, relocating, and re -bolting it in the desired location. The seat will include the following features incorporated into the side roll protection system: ® Side air curtain will be mounted integral to the outboard bolster of the seat back. The air curtain will be covered by a decorative panel when in the stowed position. ® A seat safety system will be included. When activated, this system will pretension the seat belt. The seat will be furnished with a 3 -point, shoulder type seat belt. ® RADIO COMPARTMENT A radio compartment will be provided under the officer's seat. The inside compartment dimensions will be 16.00" wide x 7.50" high x 15.00" deep, with the back of the compartment angled up to match the cab structure.. A drop-down door with a chrome plated lift and turn latch will be provided for access. The compartment will be constructed of smooth aluminum and painted to match the cab interior. ® REAR FACING PASSENGER SIDE EMS COMPARTMENT A rear facing EMS compartment will be provided in the crew cab at the passenger side outboard position. The compartment will be 22.00" wide x 34.00 high x 26.75" deep with one (1) Amdor rollup door, locking, with white finish. The clear door opening of compartment will be 15.0.0" wide x 23.75" high. The compartment will be constructed of smooth aluminum, and painted to match the cab interior. Compartment Light There will be two (2) white LED strip Eights installed, one (1) each side of the compartment opening. The lights will be controlled by an automatic door switch. • FORWARD FACING DRIVER SIDE OUTBOARDSEAT There will be one (1) forward facing, foldup seat provided at the driver side outboard position in the crew cab. For optimal comfort, the seat will be a minimum of 15.00" from the front of the cushion to the face of the seat back and designed with EVC (elastomeric vibration control). The seat back will be an SCBA style with 90 degree back. The SCBA cavity will be adjustable from front to rear in 1.00" increments, to accommodate different sized SCBA cylinders. Moving the SCBA cavity will be accomplished by unbolting, relocating, and re -bolting it in the desired location. The seat will include the following features incorporated into the side roll protection system: ® Side air curtain will be mounted integral to the outboard bolster of the seat back. The air curtain will be covered by a decorative panel when in the stowed position. ® A seat safety system will be included. When activated, this system will pretension the seat belt around the occupant to firmly hold them in place in the event of a side roll_ The seat will be furnished with a 3 -point, shoulder type seat belt. FORWARD FACING CENTER EMS COMPARTMENT A forward facing EMScompartment will be provided in the crew cab at the center position. The compartment will be 38.50" wide x 60.00" high x 28.00" deep with one (1) Amdor rollup door, locking, with white finish. The clear door opening of the compartment will be 33.25" wide x 50.00" high. The compartment will be constructed of smooth aluminum, and painted to match the cab interior. Compartment Light There will be two (2) white LED strip lights one (1) each side of the compartment opening. The lights will be controlled by an automatic door switch. ® FORWARD FACING PASSENGER SIDE OUTBOARD SEAT There will be one (1) forward facing, foldup seat provided at the passenger side outboard position in the crew cab. For optimal comfort, the seat will be a minimum of 15.00" from the front of the cushion to the face of the seat back and designed with EVC (elastomeric vibration control). The seat back will be an SCBA style with 90 degree back. The SCBA cavity will be adjustable from front to rear in 1.00" increments, to accommodate different sized SCBA cylinders. Moving the SCBA cavity will be accomplished by unbolting, relocating, and re -bolting it in the desired location. The seat will include the following features incorporated into the side roll protection system: ® Side air curtain will be mounted integral to the outboard bolster of the seat back. The air curtain will be covered by a decorative panel when in the stowed position. ® A seat safety system will be included. When activated, this system will pretension the seat belt around the occupant to firmly hold them in place in the event of side roll. The seat will be furnished with a 3 -point, shoulder type seat belt. TEMPERATURE CONTROLLED BOX A Medi-Kool Saline cabinet will be provided in the center forward facing EMS compartment located crew cab forward facing EMS cabinet. The cabinet exterior will be approximately 22.25 wide x 20.50" deep x 11.75" high with the compressor on the side. The door will be lift up style with the hinge located at the top. An enclosure will be provided to contain the cabinet and compressor. The enclosure will include adequate ventilation where applicable. ® SHELVING There will be two (2) shelves provided. Each shelf will be constructed of 0.090" aluminum with a 1.25" up -turned lip. Shelving will be infinitely adjustable by means of a threaded tightener sliding in a track. The location will be one (1) shelf in the passenger side rear facing EMS cabinet and one (1) shelf in the center forward facing EMS cabinet. ®. SEAT UPHOLSTERY All seat upholstery will be 46 ounce leather grain dark silver gray vinyl resistant to oil, grease and mildew. The cab will have four (4) seating positions. ® AIR BOTTLE HOLDERS All SCBA type seats in the cab will have a "Hands -Free" auto clamp style bracket in its backrest. For efficiency and convenience, the bracket will include an automatic spring clamp that allows the occupant to store the SCBA bottle by simply pushing it into the seat back. For protection of all occupants in the cab, in the event of an accident, the inertial components within the clamp will constrain the SCBA bottle in the seat and will exceed the NFPA standard of 9G. There will be a quantity of three (3) SCBA brackets. ® SEAT EMBROIDERY The seats in the cab and crew cab will be provided with custom embroidery. The Fire Department will determine what the embroidery will be by providing pictures at the time of order. The embroidery will be provided on four (4) seats. ® SEAT BELTS All cab and tiller cab (if applicable) seating positions will have red seat belts. To provide quick, easy use for occupants wearing bunker gear, the female buckle and seat belt webbing length will meet or exceed the current edition of NFPA 1901 and CAN/ULC - S515 standards. The 3 -point shoulder type seat belts will include height adjustment. This adjustment will optimize the belts effectiveness and comfort for the seated firefighter. The 3 -point shoulder type seat belts will be furnished with dual automatic retractors that shall provide ease of operation in the normal seating position. The 3 -point shoulder type belts will also include the ReadyReach D -loop assembly to the shoulder belt system. The ReadyReach feature adds an extender arm to the D -loop location placing the D -loop in a closer, easier to reach location. To ensure safe operation, the seats will be equipped with seat belt sensors in the seat cushion and belt receptacle that shall activate an alarm indicating a seat is occupied but not buckled. ® HELMET STORAGE PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2016 edition, section 14.1.7.4.1 requires a location for helmet storage be provided. There is no helmet storage on the apparatus as manufactured. The fire department will provide a location for storage of helmets. ® CAB DOME. LIGHTS There will be four (4) dual LED dome lights with black bezels provided. Two (2) lights will be mounted above the inside shoulder of the driver and officer and two (2) lights will be installed and located; one (1) on each side of the crew cab. The color of the LED's will be red and white. The white LED's will be controlled by the door switches and the lens switch. The color LED's will be controlled by the lens switch. In order to ensure exceptional illumination, each white LED dome light will provide a minimum of 10.1 foot-candles (fe) covering an entire 20.00" x 20.00" square seating position when mounted 40.00" above the seat. ® PORTABLE HAND LIGHTS, PROVIDED BY FIRE. DEPARTMENT NFPA 1901, 2016 edition, section 5.9.4 requires two portable hand lights mounted in brackets fastened to the apparatus. The hand lights are not on the apparatus as manufactured. The fire department will provide and mount these hand lights. ® CAB INSTRUMENTATION The cab instrument panel will be a molded ABS panel and include gauges, an LCD display, telltale indicator lamps, control switches, alarms, and a diagnostic panel. The function of the instrument panel controls and switches will be identified by a label adjacent to each item. Actuation of the headlight switch will illuminate the labels in low light conditions. Telltale indicator lamps will not be illuminated unless necessary. The cab instruments and controls will be conveniently located within the forward cab section, forward of the driver. The gauge assembly and switch panels are designed to be removable for ease of service and low cost of ownership. • GAUGES The gauge panel will include the following ten (10) black faced gauges with black bezels to monitor vehicle performance: ® Voltmeter gauge (volts): o Low volts (11.8 VDC) ® Amber caution indicator on the information center with intermittent alarm • Amber caution light on gauge assembly o High volts (15.5 VDC) ® Amber caution indicator on the information center with intermittent alarm • Amber caution light on gauge assembly o Very low volts (11.3 VDC) ® Red warning indicator on the information center with a steady alarm • Amber caution light on gauge assembly o Very high volts (16.0 VDC) ® Red warning indicator on the information center with a steady alarm • Amber caution light on gauge assembly ® Engine Tachometer (RPM) ® Speedometer MPH (Major Scale), KMIH (Minor Scale) ® Fuel level gauge (Empty- Full infractions): o Low fuel (1/8 full) ® Amber caution indicator on the information center with intermittent alarm ® Amber caution light on gauge assembly o Very low fuel (1/32 full) ® Red caution indicator on the information center with steady alarm ® Amber caution Eight on gauge assembly Engine Oil pressure Gauge (PSI): o Low oil pressure to activate engine warning lights and alarms • Red caution indicator on the information center with steady alarm ® Amber caution light on gauge assembly Front Air Pressure Gauges (PSI): o Low air pressure to activate warning lights and alarm • Red warning indicator on the information center with a steady alarm ® Amber caution light on gauge assembly ® Rear Air Pressure Gauges (PSI): o Low air pressure to activate warning lights and alarm ® Red warning indicator on the information center with a steady alarm ® Amber caution light on gauge assembly ® Transmission Oil Temperature Gauge (Fahrenheit): o High transmission oil temperature activates warning lights and alarm ® Amber caution indicator on the information center with intermittent alarm ® Amber caution light on gauge assembly ® Engine Coolant Temperature Gauge (Fahrenheit): o High engine temperature activates an engine warning light and alarms • Amber caution indicator on the information center with intermittent alarm ® Amber caution light on gauge assembly ® Diesel Exhaust Fluid Level Gauge (Empty - Full in fractions): o Low fluid (1/8 full) Amber indicator light in gauge dial All gauges will perform prove out at initial power -up to ensure proper performance. ® INDICATOR. LAMPS To promotesafety; the following telltale indicator lamps will be located on the instrument panel in clear view of the driver. The indicator lamps will be "dead -front" design that is only visible when active. The colored indicator lights will have descriptive text or symbols. The following amber telltale lamps will be present: ® Low coolant ® Trac Intl (traction control) (where applicable ® Check engin ® Check trans (check transmission ® Aux brake overheat (Auxiliary brake overheat ® Air rest (air restriction) ® Caution (triangle symbol) • Water in fuel ® DPF (engine diesel particulate filter regeneration) ® Trailer ABS (where applicable) ® Wait to start (where applicable) ® HET (engine high exhaust temperature) (where applicable) • ABS (antilock brake system) ® MIL (engine emissions system malfunction indicator lamp) (where applicable) ® Side roll fault (where applicable) ® Front air bag fault (where applicable) The following red telltale lamps will be present: ® Warning (stop sign symbol) ® Seat belt ® Parking brake ® Stop engine ® Rack down The following greed telltale lamps will be provided: ® Left turn ® Right turn ® Battery on The following blue telltale lamp will be provided: ® High beam ALARMS Audible steady tone warning alarm: A steady audible tone alarm will be provided whenever a warning message is present. Audible pulsing tone caution alarm: A pulsing audible tone alarm (chime/chirp) will be provided whenever a caution message is present without a warning message being present. Alarm silence: Any active audible alarm will be able to be silenced by holding the ignition switch at the top position for three (3) to five (5) seconds. For improved safety, silenced audible alarms will intermittently chirp every 30 seconds until the alarm condition no longer exists. The intermittent chirp will act as a reminder to the operator that a caution or warning condition still exists. Any new warning or caution condition will enable the steady or pulsing tones respectively. ® INDICATOR LAMP AND ALARM PROVE -OUT A system will be provided which automatically tests telltale indicator lights and alarms located on the cab instrument panel. Telltale indicators and alarms will perform prove -out at initial power -up to ensure proper performance. ® CONTROL SWITCHES For ease of use; the following controls will be provided immediately adjacent to the cab instrument panel within easy reach of the driver. All switches will have backlit labels for low light applications. Headlight/Parking light switch: A three (3) -position maintained rocker switch will be provided. The first switch position will deactivate all parking and headlights. The second switch position will activate the parking lights. The third switch will activate the headlights. Panel back lighting intensity control switch: A three (3) -position momentary rocker switch will be provided. Pressing the top half of the switch, "Panel Up" increases the panel back lighting intensity and pressing the bottom half of the switch, "Panel Down" decreases the panel back lighting intensity. Pressing the half or bottom half of the switch several tunes will allow back lighting intensity to be gradually varied from minimum to maximum intensity level for ease of use. Ignition switch: A three (3) -position maintained/momentary rocker switch will be provided. The first switch position will turn off and deactivate vehicle ignition. The second switch position will activate vehicle ignition and will perform prove -out on the telltale indicators and alarms for 3 to 5 seconds after the switch is turned on. A green indicator lamp is activated with vehicle ignition. The third momentary position will temporarily silence all active cab alarms. An alarm "chirp" may continue as long as alarm condition exists. Switching ignition to off position will terminate the alarm silence feature and reset function of cab alarm system. Engine start switch: A two (2) -position momentary rocker switch will be provided. The first switch position is the default switch position. The second switch position will activate the vehicle's engine. The switch actuator is designed to prevent accidental activation. Hazard switch will be provided on the instrument panel or on the steering column. Heater, defroster, and optional air conditioning control panel: A control panel with membrane switches will be provided to control heater/defroster temperature and heater, defroster, and air conditioning fan speeds. A green LED status bar will indicate the relative temperature and fan speed settings. Turn signal arm: A self -canceling turn signal with high beam headlight and windshield wiper/washer controls will be provided. The windshield wiper control will have high, low, and intermittent modes. Parking brake control: An air actuated push/pull park brake control valve will be provided. Chassis horn control: Activation of the chassis horn control will be provided through the center of the steering wheel. High idle engagement switch: A momentary rocker switch with integral indicator lamp will be provided. The switch will activate and deactivate the high idle function_ The "OK To Engage High Idle" indicator lamp must be active for the high idle function to engage. A green indicator lamp integral to the high idle engagement switch will indicate when the high idle function is engaged. "OI{ To Engage High Idle" indicator lamp: A green indicator light will be provided next to the high idle activation switch to indicate that the interlocks have been met to allow high idle engagement. Emergency switching will be controlled by multiple individual warning light switches for various groups or areas of emergency warning lights. An Emergency Master switch provided on the instrument panel that enables or disables all individual warning light switches is included. An additional "Emergency Master" button will be provided on the lower left hand corner of the gauge panel to allow convenient control of the "Emergency Master" system from inside the driver's door when standing on the ground. ® CUSTOM SWITCH PANELS The design of cab instrumentation will allow for emergency lighting and other switches to be placed within easy reach of the operator thus improving safety. There will be positions for up to four (4) switch panels in the lower instrument console and up to six (6) switch panels in the overhead visor console. All switches have backlit labels for low light conditions. • DIAGNOSTIC PANEL A diagnostic panel will be accessible while standing on the ground and located inside the driver's side door left of the steering column. The diagnostic panel will allow diagnostic tools such as computers to connect to various vehicle systems for improved troubleshooting providing a lower cost of ownership. Diagnostic switches will allow ABS systems to provide blink codes should a problem exist. The diagnostic panel will include the following: • Engine diagnostic port • Transmission diagnostic port • ABS diagnostic port • Roll sensor diagnostic port • Command Zone USB diagnostic port • ABS diagnostic switch (blink codes flashed on ABS telltale indicator) • Diesel particulate filter regeneration switch (where applicable) • Diesel particulate filter regeneration inhibit switch (where applicable) • CAB LCD DISPLAY A digital four (4) -row by 20 -character dot matrix display will be integral to the gauge panel. The display will be capable of showing simple graphical images as well as text. The display will be split into three (3) sections. Each section will have a dedicated function. The upper left section will display the outside ambient temperature. The upper right section will display the following, along with other configuration specific information: • Odometer • Trip mileage • PTO hours • Fuel consumption • Engine hours The bottom section will display INFO, CAUTION; and WARNING messages. Text messages will automatically activate to describe the cause of an audible caution or warning alann. The LCD will be capable of displaying multiple text messages should more than one caution or warning condition exist. ® AIR RESTRICTION INDICATOR A high air restriction warning indicator light LCD message with amber warning indicator and audible alarm shall be provided. - Officer Speedometer, A Class 1 digital display speedometer will be provided on the officer side overhead position. ® "DO NOT MOVE APPARATUS INDICATOR A flashing red indicator light, located in the driving compartment, will be illuminated automatically per the current NFPA requirements. The light will be labeled "Do Not Move Apparatus If Light Is On." The same circuit that activates the Do Not Move Apparatus indicator will activate a pulsing alarm when the parking brake is released. ® DO NOT MOVE TRUCK MESSAGES Messages will be displayed on the Command ZoneTM, color display located within sight of the driver whenever the Do Not Move Truck light is active. The messages will designate the item or items not in the stowed for vehicle travel position (parking brake disengaged). The following messages will be displayed (where applicable): ® Do Not Move Truck ® DS Cab Door Open (Driver Side Cab Door Open) ® PS Cab Door Open (Passenger's Side Cab Door Open) ® DS Crew Cab Door Open (Driver Side Crew Cab Door Open) ® PS Crew Cab Door Open (Passenger's Side Crew Cab Door Open) ® DS Body Door Open (Driver Side Body Door Open) ® PS Body Door Open (Passenger's Side Body Door Open) ® Rear Body Door Open ® DS Ladder Rack Down (Driver Side Ladder Rack Down) ® PS Ladder Rack Down (Passenger Side Ladder Rack Down) • Deck Gun Not Stowed • Lt Tower Not Stowed (Light Tower Not Stowed) • Fold Tank Not Stowed (Fold -A -Tank Not Stowed) ® Aerial Not Stowed (Aerial Device Not Stowed) ® Stabilizer Not Stowed ® Steps Not Stowed ® Handrail Not Stowed Any other device that is opened, extended, or deployed that creates a hazard or is likely to cause major damage to the apparatus if the apparatus is moved will be displayed as a caution message after the parking brake is disengaged. ® SWITCH PANELS The built-in switch panels will be located in the lower console or overhead console of the cab. The switches will be rocker -type and include an integral indicator light. For quick, visual indication the switch will be illuminated whenever the switch is active. A 2 -ply, scratch resistant laser engraved Gravoply label indicating the use of each switch will be placed below the switches. The label will allow light to pass through the letters for unproved visibility in low light conditions. Switches and light source are integral to the switch panel assembly. ® WIPER CONTROL Wiper control will consist of a two (2) -speed windshield wiper control with intermittent feature and windshield washer controls. ® SPARE CIRCUIT There will be two (2) pair ofwires, including a positive and a negative, installed on the apparatus. The above wires will have the following features: ® The positive wirewill be connected directly to the battery power ® The negative wire will be connected to ground ® Wires will be protected to 15 amps at 12 volts DC ® Power and ground will tenninate officer side dash area ® Termination will be with 15 amp, power point plug with rubber cover ® Wires will be sized to 125 percent of the protection The circuit(s) may be load managed when the parking brake is set. ® SPARE CIRCUIT There will be two (2) pair of wires, including a positive and a negative, installed on the apparatus. The above wires will have the following features: The positive wire will be connected directly to the battery power. The negative wire will be connected to ground. Wires will be protected to 15 amps at 12 volts DC. Power and ground will terminate one in each ELVIS comp. Termination will be with a 10 -place bus bar with screws and removable cover_ Wires will be sized to 125% of the protection. This circuit(s) may be load managed when the parking brake is set. ® SPARE CIRCUIT There will be one (1) pair of wires, including a positive and a negative, installed on the apparatus. The above wires will have the following features: ® The positive wire will be connected directly to the battery power. ® The negative wire will be connected to ground. ® Wires will be protected to 20 amps at 12 volts DC. ® Power and ground will terminate officer side dash. ® Termination will be to a Blue Sea System, Model 5025, 6 circuit with negative bus bar. The terminal block will include a cover with circuit labels. Wires will be sized to 125% of the protection. This circuit(s) may be load managed when the parking brake is set. ® SWIVEL MOUNT There will be one (1) Johnny Ray, Model JR -300 heavy duty swivel mount bracket(s), rated for a maximum of seven (7) lbs, provided for the fire department's computer equipment. The swivel mount bracket(s) will be located [to be determined in pre -build meeting]. ® INFORMATION CENTER An information center employing a 7.00" diagonal touch screen color LCD display will be encased in an ABS plastic housing. The information center will have the following specifications: ® Operate in temperatures from -40 to 185 degrees Fahrenheit ® An Optical Gel will be placedbetween the LCD and protective lens • Five weather resistant user interface switches 0 Grey with black accents • Sunlight Readable • Linux operating system • Minimum of 1000nits rated display • Display can be changed to an available foreign language • A LCD display integral to the cab gauge panel will be included as outlined in the cab instrumentation area. • Programmed to read US Customary ® GENERAL SCREEN DESIGN Where possible, background colors will be used to provide "At a Glance" vehicle information. If information provided on a screen is within acceptable limits, a green background will be used. If a caution or warning situation arises the following will occur: • An amber background/text color will indicate a caution condition • A red background/text color will indicate a warning condition • The information center will utilize an "Alert Center" to display text messages for audible alarm tones. The text messages will be written to identify the item(s) causing the audible alarm to sound. If more than one (l) text message occurs, the messages will cycle every second until the problem(s) have been resolved. The background color for the "Alert Center" will change to indicate the severity of the "warning" message. If a warning and a caution condition occur simultaneously, the red background color will be shown for all alert center messages. • A label for each button will exist. The label will indicate the function for each active button for each screen. Buttons that are not utilized on specific screens will have a button label with no text or symbol. • HOME/TRANSIT SCREEN This screen will display the following: • Vehicle Mitigation (if equipped) • Water Level (if equipped) • Foam Level (if equipped) • Seat Belt Monitoring Screen • Tire Pressure Monitoring (if equipped) • Digital Speedometer • Active Alarms • ON SCENE SCREEN This screen will display the following and will be auto activated with pump engaged (if equipped): • Battery Voltage • Fuel • Oil Pressure • Coolant Temperature • RPM • Water Level (if equipped) • Foam Level (if equipped) • Foam Concentration (if equipped) • Water Flow Rate (if equipped) • Water Used (if equipped) • Active Alarms ® VIRTUAL BUTTONS There will be four (4) virtual switch panel screens that match the overhead and lower lighting and HVAC switch panels. ® PAGE SCREEN The page screen will display the following and allow the user to progress into other screens for further functionality: ® Diagnostics o Faults ® Listed by order of occurrence ■ Allows to sort by system o Interlock ® Throttle Interlocks ® Pump Interlocks (if equipped) ® Aerial Interlocks (if equipped) ® PTO Interlocks (if equipped) o Load Manager ® A list of items to be load managed will be provided. The list will provide a description of the load. ® The lower the priority numbers the earlier the device will be shed should a low voltage condition occur. ® The screen will indicate if a load has been shed (disabled) or not shed. ® "At a glance" color features are utilized on this screen. o Systems ® Command Zone ® Module type and ID number ® Module Version ® Input or output number ® Circuit dumber connected to that input or output ® Status of the input or output ® Power and Constant Current module diagnostic information ■ Foam (if equipped) ® Pressure Controller (if equipped) ® Generator Frequency (if equipped) o Live Data ® General Truck Data ® Maintenance o Engine oil and filter o Transmission oil and filter o Pump oil (if equipped) o Foam (if equipped) o Aerial (if equipped) ® Setup o Clock Setup o Date & Time ® 12 or 24 hour format ® Set time and date o Backlight ■ Daytime ® Night time M Sensitivity o Unit Selection o Home Screen o Virtual Button Setup o On Scene Screed Setup o Configure Video Mode ® Set Video Contrast ® Set Video Color ® Set Video Tint Do Not Move o The screen will indicate the approximate location and type of item that is open or is not stowed for travel. The actual status of the following devices will be indicate • Driver Side Cab Door ® Passenger's Side Cab Door ® Driver Side Crew Cab Door ® Passenger's Side Crew Cab Door ® Driver Side Body Doors • Passenger's Side Body Doors ® Rear Body Door(s) ■ Ladder Rack (if applicable) ® Deck Gun (if applicable) ® Light Tower (if applicable) ® Hatch Door (if applicable) ® Stabilizers (if applicable) ® Steps (if applicable) Notifications o View Active Alarms • Shows a list of all active alarms including date and time of the occurrence is shown with each alarm • Silence Alarms - All alarms are silenced • Timer Screen • HVAC (if equipped) • Tire Information (if equipped) • Ascendant Set Up Confirmation (if equipped) Button functions and button labels may change with each screen. • VEHICLE DATA RECORDER There will be a vehicle data recorder (VDR) capable of reading and storing vehicle information provided. The information stored on the VDR can be downloaded through a USB port mounted in a convenient location determined by cab model A USB cable can be used to connect the VDR to a laptop to retrieve required information. The program to download the information from the VDR will be available to download on-line. The vehicle data recorder will be capable of recording the following data via hardwired and/or CAN inputs: • Vehicle Speed - MPH • Acceleration - MPH/sec • Deceleration - MPH/sec • Engine Speed - RPM • Engine Throttle Position % of Full Throttle • ABS Event On/Off ® Seat Occupied Status - Yes/No by Position • Seat Belt Buckled Status - Yes/No by Position ® Master Optical Warning Device Switch - On/Off ® Time - 24 Hour Time ® Date - Year/Month/Day Seat Belt Monitoring System A seat belt monitoring system (SBMS) will be provided on the Command ZoneTM color display. The SBMS will be capable of monitoring up to 10 seating positions indicating the status of each seat position per the following: ® Seat Occupied & Buckled = Green LED indicator illuminated ® Seat Occupied & Unbuckled = Red LED indicator with audible alarm ® No Occupant & Buckled = Red LED indicator with audible alarm ® No Occupant & Unbuckled = No indicator and no alann The seat belt monitoring screen will became active on the Command Zone color display when: ® The home screen .is active: o and there is any occupant seated but not buckled or any belt buckled with an occupant. o and there are no other Do Not Move Apparatus conditions present. As soon as all Do Not Move Apparatus conditions are cleared, the SBMS will be activated. The SBMS will include an audible alarm that will warn that an unbuckled occupant condition exists and the parking brake is released, or the transmission is not in park. ® INTERCOM SYSTEM There will be digital, single radio interface, intercom located [Location] in the cab. The front panel will have master volume, and squelch controls with illuminated indicators, allowing for independent level setting of radio and auxiliary audio devices. There will be one (1) radio listen only / transmit control with select, monitor, receive, and transmit indicators. There will be one (1) auxiliary audio input with select, and receive indicators. There will be one (1) wireless base station for up to five (1-5) headset users provided. Wired headset jacks will be provided for the driver, officer, and two (2) crew positions located [location, intercom; C Cab]. The wireless base station will have a 100' to 1100' range, line of sight. Objects between the transmitter and receiver affect range. The following Firecom components will be provided: ® One (1) 5100D Intercom ® One (1) WB505R wireless base station (1-5 wireless positions) ® Four (4) HM -10 Interior headset jacks ® All necessary power and station cabling ® RADIO / INTERCOM INTERFACE CABLE The apparatus manufacturer will supply and install one (1) radio interface cable before delivery of the vehicle. The radio equipment to be used by the customer will be: ® [Radio, First Two -Way Make], Model number [Radio, Two -Way Model, First]. ® WIRELESS UNDER HELMET, RADIO TRANSMIT ONLY HEADSET There will be two (2) FirecomTM, Model UHW-505, wireless under the helmet, radio transmit headset(s) provided. A heavy duty, coiled 12 volt charging pigtail with plug will be provided driver's seat and officer seat. Each headset will feature: 0 Noise cancelling electric microphone • Flexible microphone boom • Ear seals with 20 dB noise reduction • Stereo Listen -Through Ear dome microphones • Radio Push To Transmit button (Left or Right Side) • Rechargeable battery operates for 24 hours on a full charge • IP -66 when worn • WIRELESS UNDER HELMET; INTERCOM ONLY HEADSET There will be two (2) FirecomTM, Model UHW-503 wireless under the helmet, intercom only headset(s) provided. A heavy duty, coiled 12 volt charging pigtail with plug will be provided crew cab positions. Each headset will feature: • Noise cancelling electric microphone • Flexible microphone boom • Ear seals with 20 dB noise reduction • Programmable Microphone transmit button • Rechargeable battery operates 24 hours on a full charge • IP -66 when worn • HEADSET HANGERS There will be four (4) headset hanger(s) installed driver's seat, officer's seat, driver's side outboard forward facing seat and passenger's side outboard forward facing seat. The hanger(s) will meet NFPA 1901, Section 14.1.11, requirement for equipment mounting. • RADIO ANTENNA MOUNT There will be one (1) standard 1.125", 18 thread antenna -mounting base(s) installed on the right side on the cab roof with high efficiency, low loss, coaxial cable(s) routed to the instrument panel area. A weatherproof cap will be installed on the mount. • VEHICLE CAMERA SYSTEM There will be a color vehicle camera system provided with the following: • One (1) camera located at the rear of the apparatus, pointing rearward, displayed automatically with the vehicle in reverse. • One (1) camera located on the right side of the apparatus, pointing rearward, displayed automatically with the right side turn signal. The camera images will be displayed on the driver's color touchscreen multiplex display. Audio from the microphone on the rear camera will be not provided. The following components will be included: • One (1) SV-CW134639CAI Camera • One (1) CS134404CI Side camera • One (1) Amplified speaker (if applicable) • All necessary cables • .ELECTRICAL POWER CONTROL SYSTEM The primary power distribution will be located forward of the officer's seating position and be easily accessible while standing on the ground for simplified maintenance and troubleshooting. Additional electrical distribution centers will be provided throughout the vehicle to house the vehicle's electrical power, circuit protection, and control components. The electrical distribution centers will be located strategically throughout the vehicle to minimize wire length. For ease of maintenance, all electrical distribution centers will be easily accessible_ All distribution centers containing fuses, circuit breakers and/or relays will be easily accessible. Distribution centers located throughout the vehicle will contain battery powered studs for supplying customer installed equipment thus providing a lower cost of ownership. Circuit protection devices; which conform to SAE standards, will be utilized to protect electrical circuits. All circuit protection devices will be rated per NFPA requirements to prevent wire and component damage when subjected to extreme current overload. General protection circuit breakers will be Type -I automatic reset (continuously resetting). When required, automotive type fuses will be utilized to protect electronic equipment. Control relays and solenoid will have a direct current rating of 125 percent of the maximum current for which the circuit is protected per NFPA. ® SOLID-STATE CONTROL SYSTEM A solid-state electronics based control system will be utilized to achieve advanced operation and control of the vehicle components. Afully computerized vehicle network will consist of electronic modules located near their point of use to reduce harness lengths and improve reliability. The control system will comply with SAE J1939-11 recommended practices. The control system will operate as a master -slave system whereas the main control module instructs all other system components. The system will contain patented Mission Critical software that maintains critical vehicle operations in the unlikely event of a main controller error. The system will utilize a Real Time Operating System (RTOS) fully compliant with OSEKNDXTM specifications providing a lower cost of ownership. For increased reliability and simplified use the control system modules will include the following attributes: Green LED indicator light for module power ® Red LED indicator light for network communication stability status ® Control system self test at activation and continually throughout vehicle operation No moving parts due to transistor logic ® Software logic control for NFPA mandated safety interlocks and indicators ® Integrated electrical system load management without additional components Integrated electrical load sequencing system without additional components Customized control software to the vehicle's configuration ® Factory and field re programmable to accommodate changes to the vehicle's operating parameters ® Complete operating and troubleshooting manuals USB connection to the main control module for advanced troubleshooting To assure long life and operation in a broad range of environmental conditions, the solid -:state control system modules will meet the following specifications: ® Module circuit board will meet SAE J771 specifications ® Operating temperature from -40C to +70C ® Storage temperature from -40C to +70C ® Vibration to 50g ® IP67 rated enclosure (Totally protected against dust and also protected against the effect of temporary immersion between 15 centimeters and one (1) meter) ® Operating voltage from eight (8) volts to 16 volts DC The main controller will activate status indicators and audible alarms designed to provide warning of problems before they become critical. 0 CIRCUIT PROTECTION AND CONTROL DIAGRAM Copies of all job -specific, computer network input and output (1/0) connections will be provided with each chassis. The sheets will indicate the function of each module connection point, circuit protection information (where applicable), wire numbers, wire colors and load management information. ® ON -BOARD ELECTRICAL SYSTEM. DIAGNOSTICS Advanced on -board diagnostic messages will be provided to support rapid troubleshooting of the electrical power and control system. The diagnostic messages will be displayed on the information center located at the driver's position. The on -board information center will include the following diagnostic information: ® Text description of active warning or caution alarms ® Simplified warning indicators ® Amber caution indication with intermittent alarm ® Red warning indication with steady tone alarm PROGNOSTICS A software based vehicle tool will be provided to predict remaining life of the vehicles critical fluid and events. The system will send automatic indications to the Command Zone, color display and/or wireless enabled device to proactively alert of upcoming service intervals. Prognostics will include: ® Engine oil and filter ® Transmission oil and filter ® Pump oil (if equipped) ® Foam oil (if equipped) ® Aerial oil and filter (if equipped) ® ADVANCED DIAGNOSTICS An advanced, Windows-based, diagnostic software program will be provided for this control system. The software will provide troubleshooting tools to service technicians equipped with a Windows-based computer or wireless enabled device. The service and maintenance software will be easy to understand and use and have the ability to view system input/output (I/O) information. ® TECH MODULE WITH WIFI An in cab module will provide WiFi wireless interface and data logging capability. The WiFi interface will comply with IEEE 802.11 b/g/n capabilities while communicating at 2.4 Gigahertz. The module will provide an external antenna connection allowing a line of site communication range of up to 300 feet with a roof mounted antenna. The module will transmit a password protected web page to a WiFi enabled device (i.e. most smart phones, tablets or laptops) allowing two levels of user interaction. The firefighter level will allow vehicle monitoring of the vehicle and firefighting systems on the apparatus. The technician level will allow diagnostic access to inputs and outputs installed on the Command Zone, control and information system. The data logging capability will record faults from the engine, transmission, ABS and Command Zone, control and information systems as they occur. No other data will be recorded :at the time the fault occurs. The data logger will provide up to 2 Gigabytes of data storage. A USB connection will be provided on the Tech Module. It will provide a means to download data logger information and update software in the device. ® INDICATOR LIGHT AND ALARM PROVE -OUT SYSTEM A system will be provided which automatically tests basic indicator lights and alarms located on the cab instrument panel. ® VOLTAGE MONITOR SYSTEM A voltage monitoring system will be provided to indicate the status of the battery system connected to the vehicle's electrical load. The system will provide visual and audible warning when the system voltage is below or above optimum levels. The alarm will activate if the system falls below 11.8 volts DC for more than two (2) minutes. ® POWER AND GROUND STUDS Spare circuits will be provided in the primary distribution center for two-way radio equipment. The spare circuits will consist of the following: ® One (1) 12 -volt DC, 30 amp battery direct spare ® One (1) 12 -volt DC ground and un -fused switched battery stud located in or adjacent to the power distribution center ® ENHANCED SOFTWARE The solid-state control system will include the following software enhancements: All perimeter lights and scene lights (where applicable) will be deactivated when the parking brake is released. Cab and crew cab dome lights will remain on for ten (10) seconds for improved visibility after the doors close. The dome lights will dim after ten (10) seconds or immediately if the vehicle is put into gear. Cab and crew cab perimeter lights will remain on for ten (10) seconds for improved visibility after the doors close. The dome lights will dim after ten (10) seconds or immediately if vehicle is put into gear. ® EMI/RFI PROTECTION To prevent erroneous signals from crosstalk contamination and interference, the electrical system will meet, at a minimum, SAE J551/2, thus reducing undesired electromagnetic and radio frequency emissions. An advanced electrical system will be used to ensure radiated and conducted electromagnetic interference (EMI) or radio frequency interference (RFI) emissions are suppressed at their source. The apparatus will have the ability to operate in the electromagnetic environment typically found in fire ground operations to ensure clean operations. The electrical system will meet, without exceptions, electromagnetic susceptibility conforming to SAE J1113/25 Region 1, Class C EMR for IOKhz-1GHzto 100 Volts/Meter. The vehicle OEM, upon request, will provide EMC testing reports from testing conducted on an entire apparatus and will certify that the vehicle meets SAE J551/2 and SAE J1113/25 Region 1, Class C EMR for 10Khz-I GHz to 100 Volts/Meter requirements. Component and partial (incomplete) vehicle testing is not adequate as overall vehicle design can impact test results and thus is not acceptable by itself. EMI/RFI susceptibility will be controlled by applying appropriate circuit designs and shielding. The electrical system will be designed for full compatibility with low-level control signals and high-powered two-way radio communication systems. Harness and cable routing will be given careful attention to minimize the potential for conducting and radiated EMI/RFl susceptibility. ® ELECTRICAL All 12 -volt electrical equipment installed by the apparatus manufacturer will conform to modern automotive practices. All wiring will be high temperature crosslink type. Wiring will be run, in loom or conduit, where exposed and have grommets where wire passes through sheet metal. Automatic reset circuit breakers will be provided which conform to SAE Standards. Wiring will be color, function and number coded. Function and number codes will be continuously imprinted on all wiring harness conductors at 2.00" intervals. Exterior exposed wire connectors will be positive locking, and environmentally sealed to withstand elements such as temperature extremes, moisture and automotive fluids. Electrical wiring and equipment will be installed utilizing the following guidelines: 1. All holes made in the roof will be caulked with silicon, rope caulk is not acceptable. Large fender washers, liberally caulked, will be used when fastening equipment to the underside of the cab roof. 2. Any electrical component that is installed in an exposed area will be mounted in a manner that will not allow moisture to accumulate in it. Exposed area will be defined as any location outside of the cab or body. 3. Electrical components designed to be removed formaintenance will not be fastened with nuts and bolts. Metal screws will be used in mounting these devices. Also a coil of wire will be provided behind the appliance to allow them to be pulled away from mounting area for inspection and service work. 4. Corrosion preventative compound will be applied to all terminal plugs located outside of the cab or body. All non -waterproof connections will require this compound in the plug to prevent corrosion and for easy separation (of the plug). S. All lights that have their sockets in a weather exposed area will have corrosion preventative compound added to the socket terminal area. 6. All electrical terminals in exposed areas will have silicon (1890) applied completely over the metal portion of the terminal. All lights and reflectors, required to comply with Federal Motor Vehicle Safety Standard #108, will be furnished. Rear identification lights will he recessed mounted for protection. Lights and wiring mounted in the rear bulkheads will be protected from damage by .installing a false bulkhead inside the rear compartments. An operational test will be conducted to ensure that any equipment that is permanently attached to the electrical system is properly connected and in working order. The results of the tests will be recorded and provided to the purchaser at time of delivery. ®. BATTERY SYSTEM There will be six (6) 12 volt Exide®, Model 31 S950X3 W, batteries that include the following features will be provided: ® 950 CCA, cold cranking amps ® 190 amp reserve capacity ® High cycle ® Group 31. ® Rating of 5700 CCA at 0 .degrees Fahrenheit ® -140 minutes of reserve capacity ® Threaded stainless steel studs Each battery case will be a black polypropylene material with a vertically ribbed container for increased vibration resistance. The cover will be manifold vented with a central venting location to allow a 45 degree tilt capacity. The inside of each battery will consist of a "maintenance free" grid construction with poly wrapped separators and a flooded epoxy bottom anchoring for maximum vibration resistance. ® BATTERY SYSTEM There will be a single starting system with an ignition switch and starter button provided and located on the cab instrument panel. ® MASTER BATTERY SWITCH There will be a master battery switch provided within the cab within easy reach of the driver to activate the battery system. An indicator light will be provided on the instrument panel to notify the driver of the status of the battery system. BATTERY COMPARTMENTS Batteries will be placed on non -corrosive mats and stored in well ventilated compartments located under the cab. Heavy-duty, 2/0 gauge, color coded battery cables will be provided. Battery terminal connections will be coated with anti -corrosion compound. Battery solenoid terminal connections will be encapsulated with semi-permanent rubberized compound. ® JUMPER STUDS One (1) set of battery jumper studs with plastic color -coded covers will be included on the battery compartments. ® AUTO EJECT FOR SHORELINE There will be one (1) KussmaulTM, Model 091-55-20-120, 20 amp 120 volt AC shoreline inlet(s) provided to operate the dedicated 120 volt AC circuits onthe apparatus. The shoreline inlet(s) will include red weatherproof flip up cover(s). There will be a release solenoid wired to the vehicle's starter to eject the AC connector when the engine is starting. The shoreline(s) will be connected to the battery charger.. There will be a mating connector body supplied with the loose equipment. There will be a label installed gear the inlet(s) that state the following: ® Line Voltage ® Current Ratting (amps) ® Phase ® Frequency The shoreline receptacle will be located on the driver side of cab, above wheel. ® BATTERY TRAYS Formed fit heavy-duty roto -molded polyethylene battery trays with drain tubes will be provided for the batteries to sit in. ® ALTERNATOR There will be a C.E Niehoff, Model C531 or C537 alternator provided. It will have a rated output current of 360 amps, as measured by SAE method J56. It will have a custom three (3) -set point voltage regulator, manufactured by C. E. Niehof£ The alternator will be connected to the power and ground distribution system with heavy-duty cables sized to carry the full rated alternator output. ® DUAL USB SOCKET There will be two (2) Blue Sea, Model 1016, dual USB type A charger sockets installed [Location] _ The socket will be powered directly to the battery power. ® ELECTRONIC LOAD MANAGER An electronic load management (ELM) system will be provided that monitors the vehicles 12 -volt electrical system, automatically reducing the electrical load in the event of a low voltage condition, and automatically restoring the shed electrical loads when a low voltage condition expires. This ensures the integrity of the electrical system. For unproved reliability and ease of use, the load manager system will be an integral part of the vehicle's solid state control system requiring no additional components to perform load management tasks. Load management systems which require additional components will not be allowed. The system will include the following features: System voltage monitoring. ® A shed load will remain inactive for a minimum of five minutes to prevent the load from cycling on and off. • Sixteen available electronic load shedding levels. ® Priority levels can be set for individual outputs. ® High Idle to activate before any electric loads are shed and deactivate with the service brake. o If enabled: ® "Load Man Hi -Idle On" will display on the information center. ® Hi-ldle will not activate until 30 seconds after engine start up. ® Individual switch "on" indicator to flash when the particular load has been shed. ® The information center indicates system voltage. The information center, where applicable, includes a "Load Manager" screen indicating the following: ® Load managed items list, with priority levels and item condition. ® Individual load managed item condition: o ON = not shed o SHED = shed ® SEQUENCER A sequencer will be provided that automatically activates and deactivates vehicle loads in a preset sequence thereby protecting the alternator from power surges. This sequencer operation will allow a gradual increase or decrease in alternator output, rather than loading or dumping the entire 12 volt load to prolong the life of the alternator. For improved reliability and ease of use, the load sequencing system will be an integral part of the vehicle's solid state control system requiring no additional components to perform load sequencing tasks. Load sequencing systems which require additional components will not be allowed. Emergency light sequencing will operate in conjunction with the emergency master light switch. When the emergency master switch is activated, the emergency lights will be activated one by one at half - second intervals. Sequenced emergency light switch indicators will flash while waiting for activation. When the emergency master switch is deactivated, the sequencer will deactivate the warning light loads in the reverse order. Sequencing of the following items will also occur, in conjunction with the ignition switch, at half. -second intervals: ® Cab Heater and Air Conditioning ® Crew Cab Heater (if applicable) ® Crew Cab Air Conditioning (if applicable) ® Exhaust Fans (if applicable) ® Third Evaporator (if applicable) ® HEADLIGHTS There will be four (4) JW SpeakerQ, rectangular LED lights mounted in the front quad style, chrome housing on each side of the cab grille: ® the outside light on each side will contain a part number 055*** 1 low beam module ® the inside light on each side will contain a part number 055***1 high beam module ® the headlight to include chrome bezels The low beam Eights will be activated when the headlight switch is on. The high beam and low beam lights will be activated when the headlight switch and the high beam switch is activated. ® DIRECTIONAL LIGHTS There will be two (2) Whelen 600 series, LED combination directional/marker lights provided. The lights will be located on the outside cab corners, next to the headlights. The color of the lenses will be clear. ® IN:TERMEDIATE. LIGHT There will be two (2) Weldon, Model 9186-8580-29, amber LED turn signal marker lights furnished, one (1) each side, in the rear fender panel. The light will double as a turn signal and marker light. ® CAB CLEARANCE/MARKER/ID LIGHTS There will be five (5) amber LED lights provided to indicate the presence and overall width of the vehicle in the following locations: ® Three (3) amber LED identification lights will be installed in the center of the cab above the windshield. ® Two (2) amber LED clearance lights will be installed, one (1) on each outboard side of tile cab above the windshield. ® FRONT CAB SIDE DIRECTIONAL/MARKER LIGHTS There will be two (2) Truck -Lite©, Model 19036Y, amber LED lights installed to the outside of the chrome wrap around bezel, one (1) on each side of the cab. The lights will activate as marker lights with the headlightswitch and directional lights with the corresponding directional circuit. ® REAR CLEARANCE/MARKER/ID LIGHTING There will be a three (3) LED light bar used as identification lights located at the rear of the apparatus per the following: ® As close as practical to the vertical centerline ® Centers spaced not less than 6.00" or more than 12.00" apart ® Red in color ® All at the same height There will be two (2) LED lights installed at the rear of the apparatus used as clearance lights located at the rear of the apparatus per the following: i. To indicate theoverall width of the vehicle ® One (1) each side of the vertical centerline ® As near the top as practical ® Red in color • To be visible from the rear ® All at the same height There will be two (2) LED lights installed on the side of the apparatus used as marker lights as close to the rear as practical per the following: ® To indicate the overall length of the vehicle ® One (1) each side of the vertical centerline • As near the top as practical ® Red in color ® To be visible from the side ® All at the same height There will be two (2) red reflectors located on the rear of the truck facing to the rear. One (1) each side, as far to the outside as practical, at a minimum of 15.00", but no more than 60.00", above the ground. There will be two (2) red reflectors located on the side of the truck facing to the side. One (1) each side, as far to the rear as practical, at a minimum of 15.00", but no more than 60.00", above the ground. Per FMVSS 108 and CMVSS 108 requirements. ® REAR FMVSS LIGHTING The rear stop/tail and directional LED lighting will consist of the following: ® Two (2) Whelen©, Model M613TT, red LED stop/tail lights ® Two (2) Whelen, Model M6T, amber LED arrow turn lights The lights shall be provided with color lenses. The lights will be mounted in a polished combination housing. There will be two (2) Whelen Model M6BUW, LED backup lights provided in the tail light housing. ® LICENSE PLATE BRACKET There will be one (1) license plate bracket mounted on the rear. of the body. A white LED light will illuminate the license plate. A polished stainless steel light shield will be provided over the light that will direct illumination downward; preventing white light to the rear. ® LIGHTING BEZEL There will be two (2) Whelen, Model M6FCV4P, four (4) place chromed ABS housings with Pierce logos provided for the rear M6 series stop/tail, directional, back up, scene lights or warning lights. ® BACK-UP ALARM A PRECO, Model 1040, solid-state electronic audible back-up alarm that actuates when the truck is shifted into reverse will be provided. The device will sound at 60 pulses per minute and automatically adjust its volurne to maintain a minimum ten (10) dBA above surrounding environmental noise levels. ® CAB PERIMETER SCENE LIGHTS There will be four (4) Amdor LumaBar H2O, Model AY -9500-020, 20.00" white LED strip lights provided, one (1) for each cab door. These lights will be activated automatically when the battery switch is on and the exit doors are opened or by the same means as the body perimeter scene lights. ® PUMP HOUSE PERIMETER LIGHTS There will be two (2) Amdor LumaBar H2O, Model AY -9500-020, 20.00" LED weatherproof strip lights with brackets provided under the pump panel running boards, one (1) each side. The lights will be controlled by the same means as the body perimeter lights. ® BODY PERIMETER SCENE LIGHTS There will be two (2) Amdor LumaBar H2OTM, Model AY -9500-020; 20.00" 12 volt DC LED strip lights provided at the rear step area of the body, one (1) each side shining to the rear. The perimeter scene lights will be activated when the parking brake is applied. ® STEP LIGHTS Four (4) white LED step lights will be provided. One (1) step light will be provided on each side, on the front compartment face and two (2) step lights at the rear to illuminate the tailboard. In order to ensure exceptional illumination, each light will provide a. minimum of 25 foot-candles (fc) covering an entire 15.00" x 15.00" square placed 10.00" below the light and a minimum of 1.5 fc covering an entire 30.00" x 30.00" square at the same 10.00" distance below the light. These step lights will be actuated with the pump panel light switch. All other steps on the apparatus will be illuminated per the current edition of NFPA 1901. ® 12 VOLT LIGHTING There will be one (1) Whelen, Model PCP3P, 12 volt DC LED combination spot/floodlight(s) installed on the apparatus. The painted parts of this light assembly to be black. The lights will be installed on extendable poles DS rear of the truck. The light(s) to be installed on a side body/surface mount push-up pole(s). The length of the outside pole to be 12.00". The inside pole length to be 57.00" long or as long as practical to fit in the location selected. The light pole(s) to be installed without handle holder(s) and with a not stowed sensor connected to the Do Not Move Truck Indicator Light in the cab.. The lights will be controlled by the following: • a switch at the driver's side switch panel. • a switch in a stainless steel cup located at the rear no more than 62.00" from the ground. • no additional switch location. • no additional switch location. These light(s) may be load managed when the parking brake is applied. • 12 VOLT LIGHTING There will be one (1) Whelen, Model PCP3P, 12 volt DC LED combination spot/floodlight(s) installed on the apparatus. The painted parts of this light assembly to be black. The lights will be installed on extendable poles PS rear of the truck. The light(s) to be installed on a side body/surface mount push-up pole(s). The length of the outside pole to be 12.00". The inside pole length to be 57.00" long or as long as practical to fit in the location selected. The light pole(s) to be installed without handle holder(s) and with a not stowed sensor connected to the Do Not Move Truck Indicator Light in the cab. The lights will be controlled by the following: • a switch at the driver's side switch panel. • a switch in a stainless steel cup located at the rear no more than 62.00" from the ground. • no additional switch location. • no additional switch location. These light(s) may be load managed when the parking brake is applied. • 12 VOLT LIGHTING There will be one (1) Whelen, Model PCPSM2*, 12 volt surface mounted LED combination spot/flood light(s) located DS high and to the rear of the crew cab door. The lights will be mounted with chrome flange(s). The light(s) selected above will be controlled by the following: • a switch at the driver's side switch panel • opening the driver's side cab or crew cab doors • no additional switch location • no additional switch location These light(s) may be load managed when the parking brake is set. • 12 VOLT LIGHTING There will be one (1) Whelen, Model PCPSM2*,, 12 volt surface mounted LED combination spot/flood light(s) located PS, high and to the rear of the crew cab door. The lights will be mounted with chrome flange(s). The light(s) selected above will be controlled by the following: • a switch at the driver's side switch panel • opening the passenger's side cab or crew cab doors • no additional switch location ® no additional switch location These light(s) may be load managed when the parking brake is set. ® 12 VOLT LIGHTING There will be two (2) HVizLED, Model FT -B -27x2-*; 27.33" 12 volt LED flood lights provided. The lights will be mounted on small brackets to raise the lights above the roof header. One (l) light will be mounted on each side of the cab, as far forward as possible facing forward. The painted parts to be black. The lights will be controlled by two (2) switches, one (1) on the driver side instrument panel and one (1) on the officer side instrument panel. These light may be load managed when the parking brake is applied. ® HOSE BED LIGHTS There will be white 12 volt DC LED light strips with stainless steel protective cover, provided to light the hose bed area. Hose Bed lights will meet the photometric levels listed in NFPA 1901 for Hose Bed lighting requirements. ® Light strip(s) will be installed along the upper edge of the left side of the hose bed. ® Light strip(s) will be installed along the upper edge of the right side of the hose bed. The lights will be activated by a cup switch at the rear of the apparatus no more than 62.00" from the ground. ® ADDITIONAL HOSE BED LIGHTS. There will be one (1) 63.00" white 12 volt DC LED light strip(s) provided on the front of the hose bed. The light(s) will be activated with the other hosebed lights. ® REAR SCENE LIGHT(S) There will be two (2) Whelen, Model PELCC, 2.25" high x 7.88" wide x 1.63" deep LED scene light(s) with 45 degree chrome housing installed at the rear of the apparatus, one per side, middle height. The light(s) will be controlled by a switch at the driver's side switch panel. The light(s) may be load managed when the parking brake is applied. ® WALKING SURFACE LIGHT There will be Model FRP, 4" round black 12 volt DC LED floodlight with bolt mount provided to illuminate the entire designated walking surface on top of the body. The light will be activated when the body step lights are on. ® WATER TANK Booster tank will have a capacity of 750 gallons and be constructed of polypropylene plastic by United Plastic Fabricating, hncorporated. The tank will be stepped in design to allow for a low hosebed. Tank joints and seams will be nitrogen welded inside and out. Tank will be baffled in accordance with NFPA Bulletin 1901 requirements. Baffles will have vent openings at both the top and bottom to permit movement of air and water between compartments. Longitudinal partitions will be constructed of .38" polypropylene plastic and will extend from the bottom of the tank through the top cover to allow for positive welding. Transverse partitions will extend from 4.00" off the bottom of the tank to the underside of the top cover. All partitions will interlock and will be welded to the tank bottom and sides. Tank top will be constructed of S0" polypropylene. 1t will be recessed .38" and will be welded to the tank sides and the longitudinal partitions. Tank top will be sufficiently supported to keep it rigid during fast filling conditions. Construction will include 2.00" polypropylene dowels spaced no more than 30.00" apart and welded to the transverse partitions. Two (2) of the dowels will be drilled and tapped (.50" diameter, 13.00" deep) to accommodate lifting eyes. A sump that is 8.00" long x 8.00" wide x 6.00" deep will be provided at the bottom of the water tank. Sump will include a drain plug and the tank outlet. Tank will be installed in a fabricated cradle assembly constructed of structural steel. Sufficient crossmembers will be provided to properly support bottom of tank. Crossmembers will be constructed of steel bar channel or rectangular tubing. Tank will "float" in cradle to avoid torsional stress caused by chassis frame flexing. Rubber cushions, .50 thick x 3.00" wide; will be placed on all horizontal surfaces that the tank rests on. Stops or other provision will be provided to prevent an empty tank from bouncing excessively while moving vehicle. Mounting system will be approved by the tank manufacturer. Fill tower will be constructed of .50" polypropylene and will be a minimum of 8.00" wide x 14.00" long. Fill tower will be furnished with a.25" thick polypropylene screen and a hinged cover. An overflow pipe, constructed of 4.00" schedule 40 polypropylene, will be installed approximately halfway down the fill tower and extend through the water tank and exit to the rear of the rear axle. One (1) sleeve will be provided in the water tank for a 3.00" pipe to the rear. ® WATER TANK RESTRAINT A heavy-duty water tank restraint will be provided. ® HOSE BED The hose bed will be fabricated of .125"-5052 aluminum with a nominal 38,000 psi tensile strength. The hose bed will be as low as practical. Standard hose bed width will be 68.00" inside. Upper and rear edges of side panels will have a double break for rigidity, a split tube finish will not be acceptable. The upper inside area of the beavertails will be covered with brushed stainless steel to prevent damage to painted surface when hose is removed. Flooring of the hose bed will be removable aluminum grating with the top surface corrugated to aid in hose aeration. The grating slats will be a,minimum of 0.50" x 4.50" with spacing between slats for hose ventilation. A cross divider will be provided at the front of the hose bed before the tank transitions from the lower section to the upper section. The divider will run from the top of the side sheet down below the hose bed grating. Hose bed will accommodate from left to right 400'2.5" / 1000' of 5" / 200' of 2" / 200'2". ® HOSE BED :DIVIDER Three (3) adjustable hosebed dividers will be furnished for separating hose. Each divider will be constructed of a. 125" brushed aluminum sheet fitted and fastened into a slotted, 1.50" diameter radiused extrusion along the top, bottom, and rear edge. Divider will be fully adjustable by sliding in tracks, located at the front and rear of the hose bed. Divider will be held in place by tightening bolts, at each end. Acorn nuts will be installed on all bolts in the hose bed which have exposed threads. ® HOSE BED HOSE RESTRAINT The hose in the hose bed will be restrained by a black nylon Velcro© strap at the top of the hosebed. At the rear of the hose bed, 2.00" black nylon webbing with a 1.50" x 4.00'" box pattern will attach at the top rear outside corners with seat belt buckle fasteners. The webbing will have straps connected with seat belt buckle fasteners located at the rear body sheet below the hose bed. A cross -divider will be provided just behind the fill tower. The divider will be bolted to the side sheet. ® RUNNING BOARDS Running boards will be fabricated of.] 25" bright aluminum treadplate. Each running board will be supported by a welded 2.00" square tubing and channel assembly, which will be bolted to the pump compartment substructure. Running boards will be 12.75" deep and spaced .50" away from the pump panel. A splash guard will be provided above the running board treadplate. ® TAILBOARD The tailboard will also be constructed of.] 25" bright aluminum treadplate and spaced .50" from the body, as well as supported by a structural steel assembly. The tailboard area will be 24;00" deep in the center area and 8.00" deep to the rear of the side compartments. The tailboard will be T-shaped. The outboard sides of the tailboard will be angled at 45 degrees beginning at the point where the body meets the tailboard at the outboard edge angling rearward to the rear edge of the tailboard. The exterior side will be flanged down and in for increased rigidity of tailboard structure. ® REAR WALL, SMOOTH ALUMINUMBODY MATERIAL The rear facing surfaces of the center rear wall will be smooth aluminum. The bulkheads, the surface to the rear of the side body compartments, will be smooth and the same material as the body. Any inboard facing surfaces below the height of the hosebed will be aluminum diamondplate. TOW BAR A tow bar will be installed under the tailboard at center of truck. Tow bar will be fabricated of 1.00" CRS bar rolled into a 3.00" radius. Tow bar assembly will be constructed of .38" structural angle. When force is applied to the bar, it will be transmitted to the frame rail. Tow bar assembly will be designed and positioned to allow up to a 30 -degree upward angled pull of 17,000 lb, or a 20,000 lb straight horizontal pull in line with the centerline of the vehicle. Tow bar design will have been fully tested and evaluated using strain gauge testing and finite element analysis techniques. ® RUNNING BOARD HOSE RESTRAINT A pair of 2.00" wide black nylon straps with Velcro fasteners will be provided for each hose tray to secure the hose during travel. There will be Two (2) hose trays located one (1) in each side running board. ® HOSE TRAY Two (2) hose trays free floating hose tray(s) to fit in the opening of the running board will be provided one (1) in each side running board. The tray will be flanged and drop in from the top. Capacity of the tray will be 25' of 5.00" hose. Rubber matting will be installed on the floor of the tray to provide proper ventilation. ® COMPARTMENTATION Body and compartments will be fabricated of. 125 ", 5052-H32 aluminum. Side compartments will be an integral assembly with the rear fenders. Circular fender liners will be provided for prevention of rust pockets and ease of maintenance. Compartment flooring will be of the sweep out design with the floor higher than the compartment door lip. The compartment door opening will be framed by flanging the edges in 1.75" and bending out again .75" to form an angle. Drip protection will be provided above the doors by means of bright aluminum extrusion, formed bright aluminum treadplate or polished stainless steel. The top of the compartment will be covered with bright aluminum treadplate rolled over the edges on the front, rear and outward side. These covers will have the corners welded. Side compartment covers will be separate from the compartment tops. Front facing compartment walls will be covered with bright aluminum treadplate. All screws and bolts which protrude into a compartment will have acorn nuts on the ends to prevent injury.. ® UNDERBODY SUPPORT SYSTEM Due to the severe loading requirements of this pumper a method of body and compartment support suitable for the intended load will be provided. The backbone of the support system will be the chassis frame rails which is the strongest component of the chassis and is designed for sustaining maximum loads. The support system will include .375 thick steel vertical angle supports bolted to the chassis frame rails with .625" diameter bolts. Attached to the bottom of the steel vertical angles will be horizontal angles, with gussets welded to the vertical members, which extend to the outside edge of the body. A steel frame will be mounted on the top of these supports to create a floating substructure which will result in a 500 lb equipment support rating per lower compartment. The floating substructure will be separated from the horizontal members with neoprene elastomer isolators. These isolators will reduce the natural flex stress of the chassis from being transmitted to the body. Isolators will have a broad load range, proven viability in vehicular applications, be of a fail safe design and allow for all necessary movement in three (3') transitional and rotational modes. The neoprene isolators will be installed in a modified V three (3) -point mounting pattern to reduce the natural flex of the chassis being transmitted to the body. ® AGGRESSIVE. WALKING SURFACE All exterior surfaces designated as stepping, standing, and walking areas will comply with the required average slip resistance of the current NFPA standards. ® LOUVERS Louvers will be stamped into compartment walls to provide the proper airflow inside the body compartments and to prevent water from dripping into the compartment. Where these louvers are provided, they will be formed into the metal and not added to the compartment as a separate plate. ® TESTING OF BODY DESIGN Body structural analysis has been fully tested. Proven engineering and test techniques such as finite element analysis, stress coating and strain gauging Have been performed with special attention given to fatigue, life and structural integrity of the cab, body and substructure. Body will be tested while loaded to its greatest in-service weight. The criteria used during the testing procedure will include: ® Raising opposite corners of the vehicle tires 9.00" to simulate the twisting a truck may experience when driving over a curb. • Making a 90 degree turn, while driving at 20 mph to simulate aggressive driving conditions. ® Driving the vehicle at 35 mph on a washboard road. ® Driving the vehicle at 55 mph on a smooth road. ® Accelerating the vehicle fully, until reaching the approximate speed of 45 mph on rough pavement. Evidence of actual testing techniques will be made available upon request. ® LEFT SIDE COMPARTMENTATION The left side compartmentation will consist of three rollup door compartments. A full height, rollup door compartment ahead of the rear wheels will be provided. The interior dimensions of this compartment will be 34.50" wide x 66.63" high x 25.88" deep in the lower 25.00" of the compartment and 12.00" deep in the remaining upper portion. The clear door opening will be a minimum of 28.75" wide x 56.88" high. A rollup door compartment over the rear wheels will be provided. The interior dimensions of this compartment will be 66.50" wide x 32.88" high x 12.00" deep. The clear door opening will be a minimum of 58.25" wide x 23.13" high. A full height, rollup door compartment behind the rear wheels will be provided. The interior dimensions of this compartment will be 47.75" wide x 67.63" high x 25.88" deep in the lower 26.00" of height and 12.00" deep in the remaining upper section of the compartment. The clear door opening will be a minimum of 44.75" wide x 57.88" high. The interior height of the compartments will be measured from the compartment floor to the ceiling. The spool of the rollup door at the top of the compartment takes up some usable space. The depth of the compartments will be measured from the back wall to the inside of the door frame. Closing of the door will not require releasing, unlocking, or unlatching any mechanism and will easily be accomplished with one hand. ® RIGHT SIDE COMPARTMENTATION The right side compartmentation will consist of two lap door compartments. A vertically hinged, single door compartment ahead of the rear wheels will be provided. The interior dimensions of this compartment will be 34.50" wide x 32.63" high x 25.88" deep in the lower 25.00" of the compartment and 12.00" deep in the retraining upper portion. The clear door opening will be a minimum of 28.63" wide x 27.88" high. A vertically hinged, double door compartment behind the rear wheels will be provided. The interior dimensions of this compartment will be 47.75" wide x 33.63" high x 25.88" deep in the lower 26.00" of the compartment. and 12.00" deep in the remaining upper portion. The clear door opening will be a minimum of 43.50" wide x 28.88" high. The interior height of the compartments will be measured from the compartment floor to the ceiling. The depth of the compartments will be measured from the back wall to the inside of the door frame. Closing of the door will not require releasing, unlocking, or unlatching any mechanism and will easily be accomplished with one hand. A positive door holder will be furnished with this compartment. • ROLLUP DOOR, SIDE COMPARTMENTS There will be three(3)compartment doors installed on the side compartments, double faced, aluminum construction, painted one (1) color to match the lower portion of the body and manufactured by AMDORTm brand rollup doors. Door(s) will be constructed using 1.00" extruded double wall aluminum slats which will feature a flat smooth interior surface to provide maximum protection against equipment hang-up. The slats will be connected with a structural driven ball and socket hinge designed to provide maximum curtain diaphragm strength. Mounting and adjusting the curtain will be done with a clip system that connects the curtain to the balancer drum allowing for easy tension adjustment without tools. The slats will be mounted in reusable slat shoes with positive snap -lock securement. Each slat will incorporate weathertight recessed dual durometer seals. One (1) fin will be designed to locate the seal within the extrusion. The second will serve as a wiping seal which will also allow for compression to prevent water ingression. The doors will be mounted in a one (1) -piece aluminum side frame with recessed side seals to minimize seal damageduring equipment deployment. All seals including side flames, top gutters and bottom panel are to be manufactured utilizing non -marring materials. Bottom panel flange of rollup door will be equipped with two (2) cut-outs to allow for easier access with gloved hands. A polished stainless steel lift bar with locking key latches to be provided for each, roll -up door. The keys to be Model 751 to match all compartment and cab doors. The lift bar will be located at the bottom of door with striker latches installed at the base of the side frames. Side frame mounted door strikers will include support beneath the stainless steel lift bar to prevent door curtain bounce, improve bottom seal life expectancy and to avoid false door ajar signals. All injection molded rollup door wear components will be constructed of Type 6 nylon. Each rollup door will have a 3.00 inch diameter balancer/tensioner drum to assist in lifting the door. The header for the rollup door assembly will not exceed 4.00 A heavy-duty magnetic switch will be used for control of open compartment door warning lights. ® COMPARTMENTATION, REAR A rollup door compartment above the rear tailboard will be provided. Interior dimensions of this compartment will be 40.00" wide x 33.63" high x 25.88" deep in the lower 26.00" of height and 15.75" deep in the remaining upper portion. Depth of the compartment will be calculated with the compartment door closed. For a. chassis with a rear mounted fuel tank, a louvered removable access panel will be furnishedon the back wall of the compartment. Rear compartment will be open into the rear side compartments. Clear door opening of this compartment will be 33.25" wide x 26.00" high. Closing of the door will not require releasing, unlocking, or unlatching any mechanism and will easily be accomplished with one hand. ® ROLLUP DOOR, REAR COMPARTMENT The rear compartment will have a rollup door. The door will be double faced, aluminum construction, satin aluminum and manufactured by AMDORTM brand rollup doors_ The door will be constructed using 1.00" extruded double wall aluminum slats which will feature a flat smooth interior surface to provide maximum protection against equipment hang-up. The slats will be connected with a structural driven ball and socket hinge designed to provide maximum curtain diaphragm strength. Mounting and adjusting the curtain will be done with a clip system that connects the curtain to the balancer drum allowing for easy tension adjustment without tools. The slats will be mounted in reusable slat shoes with positive snap -lock securement. Each slat will incorporate weather tight recessed dual durometer seals. One (1) fin will be designed to locate the seal within the extrusion. The second will serve as a wiping seal which will also allow for compression to prevent water ingression. The door will be mounted in a one (1) -piece aluminum side frame with recessed side seals to minimize seal damage during equipment deployment. All seals including side frames, top gutters and bottom panel are to be manufactured utilizing non -marring materials. Bottom panel flange of rollup door will be equipped with two (2) cut-outs to allow for easier access with gloved hands. A polished stainless steel lift bar with locking key latches to be provided for each roll -up door. The keys to be Model 751 to match all compartment and cab doors. The lift bar will be located at the bottom of door with striker latches installed at the base of the side frames. Side frame mounted door strikers will include support beneath the stainless steel lift bar to prevent door curtain bounce, improve bottom seal life expectancy and to avoid false door ajar signals. All injection molded rollup door wear components will be constructed of Type 6 Nylon. The door will have a 3.00 inch diameter balancer/tensioner drum to assist in lifting the door. The header for the rollup door assembly will not exceed 4.00 A heavy-duty magnetic switch will be used for control of open compartment door warning lights. ® DOOR GUARD There will be seven (7) compartment doors that will include a guard/drip pan designed to protect the rollup door from damage when in the retracted position and contain any water spray. The guard will be fabricated from stainless steel and installed driver side forward compartment, driver side over the wheel compartment, driver side rearward compartment, rear compartment, passenger side forward compartment, passenger side over the wheel compartment and passenger side rearward compartment. ® COMPARTMENT LIGHTING There will be seven (7) compartment(s) with two (2) white 12 volt DC LED compartment light strips. The dual light strips will be centered vertically along each side of the door framing. There will be two (2) light strips per compartment.The dual light strips will be in all body compartment(s). Any remaining compartments without light strips will have a 6.00" diameter Truck -Lite, Model: 79384 light. Each light will have a number 1076 one filament, two wire bulb. Opening the compartment door will automatically turn the compartment lighting on. ® MOUNTING TRACKS. There will be seven (7) sets of tracks for mounting shelf(s) in D3, D2, D1, R1, P1, P2 and P3. These tracks will be installed vertically to support the adjustable shelf(s), and will be full height of the compartment. The tracks will be painted to match the compartment interior. ® ADJUSTABLE SHELVES There will be four (4) shelves with a_capacity of 500 lb provided. The shelf construction will consist of .188 aluminum painted spatter gray with 2.00" sides. Each shelf will be infinitely adjustable by means of a threaded fastener, which slides in a track. The shelves will be held in place by .12" thick stamped plated brackets and bolts. The location(s) will be [Location, Shelves, Predefined. SLIDE -OUT FLOOR MOUNTED TRAY There will be two (2) floor mounted slide -out tray(s) provided. Each tray will have 2.00" high sides and a minimum capacity rating of 500 lb in the extended position. Each tray will be constructed of aluminum painted spatter gray There will be two undermount-roller bearing type slides rated at 2501b each provided. The pair of slides will have a safety factor rating of 2. To ensure years of dependable service, the slides will be coated with a finish that is tested to withstand a minimum of 1,000 hours of salt spray per ASTM B 117. To ensure years of easy operation, the slides will require no more than a 501b force for push -in or pull-out movement when fully loaded after having been subjected to a 40 hour vibration (shaker) test under full load. The vibration drive file will have been generated from accelerometer data collected from a heavy truck chassis driven over rough gravel roads in an unloaded condition. Proof of compliance will be provided upon request. Automatic locks will be provided for both the "in" and "out positions. The trip mechanism for the locks will be located at the front of the tray for ease of use with a gloved hand. The location(s) will be RI . ® SWING OUT TOOLBOARD A swing out aluminum toolboard will be provided. It will be a minimum of .188" thick with .20" diameter holes in a pegboard pattern with 1.00" centers between holes. A 1.00" x 1.00 aluminum tube frame will be welded to the edge of the pegboard. The board will be mounted on a pivoting device at the front of the compartment on the top and bottom to allow easy movement in and out of the compartment. The maximum tool load will be 400 pounds. The board will have positive lock in the stowed and extended position. The board will be mounted on adjustable tracks from front to back within the compartment. There will be One (1) toolboard(s) provided. The toolboard(s) will be spatter gray painted and installed D2_ ® BACKBOARDSTORAGE A transverse area over the pump and forward of the cargo area will hold two (2) storage troughs. A blister will be supplied at each side to enclose the backboards due to their length. The backboards will be accessible from either side of the vehicle through the polished stainless steel door(s) with a pair of lift and turn latches. The size of the backboard(s) to be stored will be [Size, Backboard]. ® HOSE STORAGE TRAY A quantity of one (1) hose storage tray(s) will be provided above the officer side side compartments. The tray will be fabricated out of bright aluminum treadplate with tig welded ends and an open top. Four (4) straps with Velcrog fasteners will be provided to secure the hose. The tray will have a capacity for 300' of 1 3/4" double jacketed rubber lined "Key Combat Ready" with 2.5" PG (Elkhart # 40000-28) nozzle, stored in bundles. ® RUB RAIL Bottom edge of the side and rear of the body compartments will be trimmed with a bright aluminum extruded rub rail. Trim will be 2.12" high with 1.38" flanges turned outward for rigidity. The rub rails will not be an integral part of the body construction, which allows replacement in the event of damage. ® BODY FENDER CROWNS Polished stainless steel fender crowns will be provided around the rear wheel openings with a dielectric barrier will be provided between the fender crown and the fender sheet metal to prevent corrosion. The fender crowns will be held in place with stainless steel screws that thread directly into a composite nut and not directly into the parent body sheet metal to eliminate dissimilar metals contact and greatly reduce the chance for corrosion. ® BODY FENDER LINER A painted fender liner will be provided. The liners will be removable to aid in the maintenance of rear suspension components. ® HARD SUCTION HOSE Hard suction hose will not be required. ® HOSE TROUGHS Hard suction hose will be carried above the left compartment in V-shaped troughs and held in place by chrome plated, quarter turn, spring loaded clamps. Troughs will be constructed of steel and painted job color. The size and length of the hard suction hose that will be carried is 6" X 10'. ® HANDRAILS The handrails will be 1.25" diameter anodized aluminum extrusion, with a ribbed design, to provide a positive gripping surface. Chrome plated end stanchions will support the handrail. Plastic gaskets will be used between end stanchions and any painted surfaces. Drain holes will be provided in the bottom of all vertically mounted handrails. Handrails will be provided to meet NFPA 1901 section 15.8 requirements. The handrails will be installed as noted on the sales drawing. ® HANDRAILS One (1) vertical handrail, not less than 29.00" long, will be located on each rear beavertail. One (1)horizontal black rubber -covered handrail will be provided above the hose bed at the rear of the apparatus. The hose bed dividers shall be tied to the upper handrail or cross bar in order to provide sufficient reinforcement. ® EXTINGUISHER/AIR BOTTLE/ STORAGE (Triangular) A total of one (1) extinguisher/air bottle/storage compartments will be provided PS rear of the axle. The triangular shaped compartment will be sized to fit a 8.00" diameter extinguisher in the lower area and a 8.00" diameterextinguisher in the upper area. The compartment will be approximately 25.50 deep. A partition will be provided to separate the compartment. Also inside the compartment, black rubber matting will be provided. The compartment will be furnished with a drain hole. A polished stainless steel, triangular shaped door with a Southeo non-locking C2 chrome lever latch will be provided to contain the air bottles. A dielectric barrier will be provided between the door hinge, hinge fasteners and the body sheet metal. ® AIR BOTTLE COMPARTMENT STRAP A strap will be provided in the air bottle compartment(s) to help contain the bottles when the vehicle is parked on an incline. The strap will wrap around the neck and attach to the wall of the compartment. ® AIR. BOTTLE STORAGE. (Double) A quantity of four (4) air bottle compartments, 15.25" wide x 7.75" tall x 26.00" deep, will be provided on the driver side forward of the rear wheels, on the driver side rearward of the rear wheels, on the passenger side forward of the rear wheels and on the passenger side rearward of the rear wheels . A polished stainless steel door with a Southco non-locking C2 chrome lever latch will be provided to contain the air bottle.. A dielectric barrier will be provided between the door hinge, hinge fasteners and the body sheet metal. Inside the compartment, black rubber matting will be provided. ® AI_R BOTTLE STORAGE (Triple) A quantity of two (2) air bottle compartments designed to hold (3) air bottles up to 7.25' in diameter x 26.00" deep will be provided on the driver side forward of the rear wheels and on the passenger side forward of the rear wheels. A polished stainless steel door with a Southeo non-locking C2 chrome lever latch will be provided to contain the air bottle. A dielectric barrier will be provided between the door hinge, hinge fasteners and the body sheet metal. Inside the compartment; black rubber matting will be provided. ® AIR BOTTLE COMPARTMENT :STRAP A strap will be provided in the air bottle compartment(s) to help contain the air bottles when the vehicle is parked on an incline. The strap will wrap around the neck and attach to the wall of the compartment. ® EXTENSION LADDER There will be a 24' two -section aluminum Duo -Safety Series 900-A extension ladder provided. ® ROOF LADDER There will be one (1) 14' aluminum, Duo -Safety; Series 775 -DR roof ladder(s) provided. The ladder(s) will have roof hooks on both ends. ®. LADDER. BRACKETS The ladders will be installed on the right side of the hose body in lined brackets and Held in place by chrome plated, quarter -turn spring loaded clamps. The clamps will be such that when the roof ladder is removed, the clamps can be moved a half turn to hold the extension ladder in place. The ladder brackets will be adjustable up and down. ® FOLDING LADDER One (1) 10.00' aluminum, Series 585-A, Duo -Safety folding ladder will be installed in a U-shaped trough inside the ladder storage compartment. ® PIKE POLE PROVIDED BY FIRE DEPARTMENT NEPA 1901, 2016 edition, Section 5.9.4 requires one (1) 8 ft or longer pike pole mounted in a bracket fastened to the apparatus. The pike pole is not on the apparatus as manufactured. The fire department will provide and mount the pike pole. The pike pole(s) will be a Duo -Safety 10' pike pole. ® 6' PIKE POLE PROVIDED BY FIRE. DEPARTMENT NFPA 1901, 2016 edition, Section 5.9.4 requires one (1) b' pike pole or plaster hook mounted in a bracket fastened to the apparatus. The pike pole is not on the apparatus as manufactured. The fire department will provide and mount the pike pole. The pike pole(s) will be a Duo -Safety 6' pike pole. ® PIKE POLE STORAGE Aluminum tubing will be used for the storage of two (2) pike poles and will be located mounted behind the ladders on the side sheet, passenger's side. If the head of a pike pole can come in contact with a painted surface, a stainless steel scuffplate will be provided. ® STEPS A folding step will be provided on the front of each fender compartment. The step will be bright finished, non-skid with a black coating. Each step will incorporate an LEIS light to illuminate the stepping surface. The step can be used as a hand hold with two openings wide enough for a gloved hand. ® REAR FOLDING STEPS Bright finished, non-skid folding steps with a black coating will be provided at the rear. Each step will incorporate an LED light to illuminate the stepping surface. The steps can be used as a hand hold with two openings wide enough for a gloved hand. Four (4) additional folding steps will be located two (2) on the driver side front bulkhead and two (2) on the passenger side front bulkhead. The step(s) will be bright finished, non-skid with a black coating. Each step will incorporate an LED light to illuminate the stepping surface. The step(s) can be used as a hand hold with two openings wide enough for a gloved hand. PUMP Pump will be a Waterous CSU, 2000 gpin single (1) stage midship mounted centrifugal type. Pump will be the class "A" type. Pump will deliver the percentage of rated discharge at pressures indicated below: - 100% of rated capacity at 150 psi net pump pressure. -70% of rated capacity at 200 psi net pump pressure. -50% o of rated capacity at 250 psi net pump pressure. Pump body will be close -grained gray iron, bronze fitted, and horizontally split in two (2) sections for easy removal of the entire impeller shaft assembly (including wear rings). Pump will be designed for complete servicing from the bottom of the truck, without disturbing the pump setting or apparatus piping. Pump case halves will be bolted together on a single horizontal face to minimize a chance of leakage and facilitate ease of reassembly. No end flanges will be used. Discharge manifold of the pump will be cast as an integral part of the pump body assembly and will provide a minimum of three (3) 3.50" openings for flexibility in providing various discharge outlets for maximum efficiency. The three (3) 3.50" openings will be located as follows: one (1) outlet to the right of the pump, one (1) outlet to the left of the pump; and one (1) outlet directly on top of the discharge manifold. Impeller shaft will be stainless steel, accurately ground to size. It will be supported at each end by sealed, anti -friction ball bearings for rigid precise support. Impeller will have flame plated hubs assuring maximum pump life and efficiency despite any presence of abrasive matter in the water supply. Bearings will be protected from water and sediment by suitable stuffing boxes, flinger rings, and oil seals. No special or sleeve type bearings will be used. Pump will be equipped with a self-adjusting, maintenance -free, mechanical shaft seal. The mechanical seal will consist of a flat, highly polished, spring fed carbon ring that rotates with the impeller shaft. The carbon ring will press against a highly polished stainless steel stationary ring that is sealed within the pump body. In addition, a throttling ring will be pressed into the steel chamber cover, providing a very small clearance around the rotating shaft in the event of a mechanical seal failure. The pump performance will not deteriorate, nor will the pump lose prune, while drafting if the seal fails during pump operation. Wear rings will be bronze and easily replaceable to restore original pump efficiency and eliminate the need to replace the entire pump casing due to wear. ® PUMP TRANSMISSION The pump transmission will be made of a three (3) piece, aluminum, horizontally split casing. Power transfer to pump will be through a high strength Morse HY-VO silent drive chain. By the use of a chain rather than gears, 50% of the sprocket will be accepting or transmitting torque, compared to two (2) or three (3) teeth doing all the work. Drive shafts will be 2.35" diameter hardened and ground alloy steel and supported by ball bearings. The case will be designed to eliminate the need for water cooling. ® PUMPING MODE An interlock system will be provided to ensure that the pump drive system components are properly engaged so that the apparatus can be safely operated. The interlock system will be designed to allow stationary pumping only. ® AIR PUMP SHIFT Pump shift engagement will be made by a two (2) position sliding collar, actuated pneumatically (by air pressure); with a three (3) position air control switch located in the cab. A manual back-up shift control will also be located on the left side pump panel. Two (2) indicator lights will be provided adjacent to the pump shift inside the cab. One (1) green light will indicate the pump shift has been completed and be labeled "pump engaged". The second green light will indicate when the pump has been engaged, and that the chassis transmission is in purnp gear. This indicator light will be labeled "OK to pump". Another green indicator light will be installed adjacent to the hand throttle on the pump panel and indicate either the pump is engaged and the road transmission is in pump gear, or the road transmission is in neutral and the pump is not engaged. This indicator light will be labeled "Warning: Do not open throttle unless light is on". The pump shift will be interlocked to prevent the pump from being shifted out of gear when the chassis transmission is in gear to meet NFPA requirements. The pump shift control in the cab will be illuminated to meet NFPA requirements. ® TRANSMISSI:ON LOCK-UP The direct gear transmission lock-up for the fire pump operation will engage automatically when the pump shift control in the cab is activated. ® AUXILIARY COOLING SYSTEM A supplementary heat exchange cooling system will be provided to allow the use of water from the discharge side of the pump for cooling the engine water. The heat exchanger will be cylindrical type and will be a separate unit. The heat exchanger will be installed in the pump or enginecompartmentwith the control located on the pump operator's control panel. Exchanger will be plumbed to the master drain valve. ® INTAKE RELIEF VALVE A Task Force Tips relief valve will be installed on the suction side of the pump preset at 125 psig. Relief valve will have a working range of 90 psig to 300 psig. Outlet will terminate below the frame rails with a 2.50" National Standard ]lose thread adapter and will have a "do not cap" warning tag. ® PRESSURE CONTROLLER A Pierce Pump Boss Model PBA300 pressure governor will be provided. A pressure transducer will be installed in the water discharge manifold on the pump. The display panel will be located at the pump operator's panel. ® PRIMING PUMP The priming pump will be a Trident Emergency Products compressed air powered, high efficiency, multistage venturi based AirPrime System, conforming to standards outlined in the current edition of NFPA 1901. All wetted metallic parts of the priming system are to be of brass and stainless steel construction. One (1) priming control will open the priming valve and start the pump primer. ® PUMP MANUALS There will be a total of two (2) pump manuals provided by the pump manufacturer and furnished with the apparatus. The manuals will be provided by the pump manufacturer in the for►n of two (2) electronic copies. Each manual will cover pump operation, maintenance, and parts. ® PUMP TEST The water pump will be 2,000 gpm capacity rated at 1,750 gpm. There will be two (2) sets of pump manufacturers certificates furnished with the unit, reflecting the two (2) ratings. The pump panel tags and the third party test will reflect the lower rating. The pump will be tested, approved and certified by an independent third party testing agency at the manufacturer's expense. The test results along with the pump manufacturer's certification of hydrostatic test, the engine manufacturer's certified brake horsepower curve and the manufacturer's record of pump construction details will be forwarded to the Fire Department ® PLUMBING, STAINLESS STEEL AND HOSE All inlet and outlet lilies will be plumbed with either stainless steel pipe, flexible polypropylene tubing or synthetic rubber hose reinforced with hi -tensile polyester braid. All hose's will be equipped with brass or stainless steel couplings. All stainless steel hard plumbing will be a minimum of a schedule 10 wall thickness. Where vibration or chassis flexing may damage or loosen piping or where a coupling is required for servicing, the piping will be equipped with victaulie or rubber couplings. Plumbing manifold bodies will be ductile cast iron or stainless steel. All piping lines are to be drained through a master drain valve or will be equipped with individual drain valves. All drain lines will be extended with a hose to drain below the chassis frame. All water carrying gauge lines will be of flexible polypropylene tubing. All piping, hose and fittings will have a minimum of a 500 PSI hydrodynamic pressure rating. ® PLUMBING; FOAM SYSTEM All piping that is in contact with the foam concentrate or foam/water solution will be stainless steel. The fittings will be stainless steel or brass. Cast iron pump manifolds will be allowed. ® MAIN PUMP INLETS A 6.00" pump manifold inlet will be provided on each side of the vehicle. The suction inlets will include removable die cast zinc screens that are designed to provide cathodic protection for the pump, thus reducing corrosion in the pump. ® MAIN PUMP INLET CAP The main pump inlets will have National Standard Threads with a long handle chrome cap. The cap will be the Pierce VLH, which incorporates an exclusive thread design to automatically relieve stored pressure in the line when disconnected. VALVES All ball valves will be Akron9 Brass. The Akron valves will be the 8000 series heavy-duty style with a stainless steel ball and a simple two -seat design. No lubrication or regular maintenance is required on the valve. Valves will have a ten (10) year warranty. ® .LEFT SIDE INLET There will be one (1) auxiliary inlet with a 2.50" valve at the left side pump panel, terminating with a 2.50" (F) National Standard hose thread adapter. The auxiliary inlet will be provided with a strainer, chrome swivel and plug. The location of the valve for the one (1) inlet will be recessed behind the pump panel. ® INLET CONTROL The side auxiliary inlet(s) will incorporate a quarter -turn ball valve with the control located at the inlet valve_. The valve operating mechanism will indicate the position of the valve. ® FRONT INLET A 4.00" inlet front inlet with die cast zinc screens will be provided using 5.00" stainless steel pipe and a 5.00" butterfly valve. Only radiused elbows will be used in the piping, no mitered joints. Drains are furnished in all the low points of piping and have .75" valves with swing handle. A bleeder valve will be located at the threaded connection. The front suction will be located on the right side of the bumper extension. ® FRONT INLET CONTROL The front inlet will be gated with the control located at the pump operator's panel. The valve operating mechanism will indicate the position of the valve or an indicator will be provided to show when the valve is closed. There will be an electric valve controller provided. The control will be momentary to allow the valve to be gated for ease of operation. Indicator lights will be provided to show if the valve is open or closed. ® INTAKE RELIEF VALVE An intake relief valve, preset at 125 psig, will be installed on the inlet side of the valve. Relief valve will have a working range of 75 psig to 250 psig. Outlet will terminate below the frame rails. ® FRONT INLET CAP The front inlet will have National Standard hose threads with a long handle cap. The cap will incorporate a thread design to automatically relieve stored pressure in the line when disconnected. The cap will be fabricated from brass material. The front suction will have a chromed 6.00" swivel with National Standard hose threads and a long handle chromed plated cap. The swivel will have a smooth surface chrome finish. ® INLET BLEEDER VALVE' A 0.75" bleeder valve will be provided for each side gated inlet. The valves will be located behind the panel with a swing style handle control extended to the outside of the panel. The handles will be chrome plated and provide -a visual indication of valve position. The swing handle will provide an ergonomic position for operating the valve without twisting the wrist and provides excellent leverage. The water discharged by the bleeders will be routed below the chassis frame rails. ® TANK TO PUMP The booster tank will be connected to the intake side of the pump with heavy duty piping and a quarter turn 3.00" full flow line valve with the control remotely located at the operator's panel. Tank to pump line will run straight (no elbows) from the pump into the front face of the water tank and angle down into the tank sump. A rubber coupling will be included in this line to prevent damage from vibration or chassis flexing. A check valve will be provided in the tank to pump supply Eine to prevent the possibility of "back filling" the water tank. ® TANK REFILL A 1.50" combination tank refill and pump re -circulation line will be provided, using a quarter -turn full flow ball valve controlled from the pump operator's panel. LEFT SIDE DISCHARGE OUTLETS There will be two (2) discharge outlets with a 2.50" valve on the left side of the apparatus, terminating with a2.50" (M) National Standard hose thread adapter. ® RIGHT SIDE DISCHARGE OUTLETS There will be one (1) discharge outlet with a 2.50" valve on the right side of the apparatus, terminating with a 2.50" (M) National Standard hose thread adapter. ® LARGE DIAMETER DISCHARGE OUTLET There will be a 4.00" discharge outlet with a 4.00" Akron valve installed on the right side of the apparatus, terminating with a 4.00" (M) National Standard hose thread adapter. This discharge outlet will be actuated with a handwheel control at the pump operator's control panel. An indicator will be provided to show when the valve is in the closed position. ® FRONT DISCHARGE OUTLET There will be one (1) 2.50" discharge outlet piped to the front of the apparatus and located on the top of the left side of the front bumper. Plumbing will consist of 2.50" piping and flexible hose with a 2.50 full flow valve with control at the pump operator's panel. A fabricated weldment made of stainless steel pipe will be used in the plumbing where appropriate. The piping will terminate with a 2.50" NST with 90 degree stainless steel swivel. There will be automatic drains provided at all low points of the piping. ® FRONT OF HOSE BED DISCHARGE OUTLET There will be two (2) discharge outlets discharge(s) piped to the front of the hose bed and located [Location]. Plumbing; will consist of 2.50" piping with a 2.50" full -flow ball valve controlled at the pump operator's panel. The discharge(s) will terminate with a 2.50" (M) National Standard hose thread adapter. ® DISCHARGE CAPS Chrome plated, rocker lug, caps with chains will be furnished for all side discharge outlets. The caps will be the Pierce VLH, which incorporates an exclusive thread design to automatically relieve stored pressure in the line when disconnected. ® OUTLET BLEEDER VALVE. A 0.75" bleeder valve will be provided for each outlet 1.50" or larger. Automatic drain valves are acceptable with some outlets if deemed appropriate with the application. The valves will be located behind the panel with a swing style handle control extended to the outside of the side pump panel. The handles will be chrome plated and provide a visual indication of valve position. The swing handle will provide an ergonomic position for operating the valve without twisting the wrist and provides excellent leverage. Bleeders will be located at the bottom of the pump panel. They will be properly labeled identifying the discharge they are plumbed in to. The water discharged by the bleeders will be routed below the chassis frame rails. ® LEFT SIDE OUTLET ELBOWS The 2.50" discharge outlets located on the left side pump panel will be furnished with a 2.50" (F) National Standard hose thread x 2.50" (M) National Standard hose thread, chrome plated, 45 degree elbow. The elbow will be Pierce VLH, which incorporates an exclusive thread design to automatically relieve stored pressure in the line when disconnected. ® RIGHT SIDE OUTLET ELBOWS. The 2.50" discharge outlets located on the right side pump panel will be furnished with a 2.50" (F) National Standard hose thread x 2.50" (M) National Standard hose thread, chrome plated, 45 degree elbow. The elbow will be Pierce VLH, which incorporates an exclusive thread design to automatically relieve stored pressure in the line when disconnected. ® LARGE DIAMETER OUTLET ELBOWS The 4.00" outlet(s) will be furnished with one (1) 4.00" (F) National Standard hose thread x 5.00" Storz elbow adapter with Storz cap. ® DISCHARGE OUTLET CONTROLS The discharge outlets will incorporate a quarter -turn ball valve with the control located at the pump operator's panel. The valve operating mechanism will indicate the position of the valve. If a handwheel control valve is used, the control will be a minimum of a 3.9" diameter stainless steel handwheel with a dial position indicator built in to the center of the handwheel. ® DELUGE RISER A 3.00" deluge riser will be installed above the pump in such a manner that a monitor can be mounted and used effectively. Piping will be rigidly braced and installed securely so no movement develops when the line is charged. The riser will be gated and controlled at the pump operator's panel. The deluge riser will have male National Pipe Threads for mounting the monitor. ® CROSSLAY HOSE BEDS Two (2) crosslays with 1.50" outlets will be provided. Each bed to be capable of carrying 200' of 1.75" double jacketed hose and will be plumbed with 2.00" i.d. pipe and gated with a 2.00" quarter turn ball valve. Outlets to be equipped with a 1.50" National Standard hose thread 90 degree swivel located in the hose bed so that hose may be removed from either side of apparatus. The crosslay controls will be at the pump operator's panel. The center crosslay dividers will be fabricated of 0.25" aluminum and will provide adjustment from side to side. The divider will be unpainted with a brushed finish. Vertical scuffplates constructed of stainless steel will be provided at the front and rear ends of the bed on each side of vehicle. Crosslay bed flooring will consist of removable perforated brushed aluminum. ® 2.50" CROSSLAY HOSE BED One (1) crosslay with a 2.50" outlet will be provided. The bed will be capable of carrying 200 feet of 2.50" double jacketed hose and will be plumbed with 2.50" i.d_ pipe and gated with a 2.50" quarter turn ball valve. The outlet will be equipped with a 2.50" National Standard hose thread 90 degree swivel located in the hose bed so that hose may be removed from either side of apparatus. The crosslay control will be at the pump operator's panel. The crosslay bed will be painted job color. Stainless steel vertical scuffplates will be provided at hose bed end (each side of vehicle). Bottom of hose bed ends (each side) will also be equipped with a stainless steel scuffplate. Crosslay bed flooring will consist of removable perforated brushed aluminum. ® CROSSLAY HOSE RESTRAINT A 2.00" black nylon webbing design restraint will be provided at each of the ends of three (3) crosslay(s) to secure the hose during travel. The webbing assembly is to be attached at the bottom of the crosslays, with footman loops and a permanent attachment, and is to attach at the top outside corners with seat belt buckles. The female end of the seat buckle will be permanently attached at the top corner of the opening. A nylon strap will be attached to the seat belt buckle for releasing the buckle on the webbing. ® CROSSLAY/DEADLAY HOSE RESTRAINT A 1.00" black nylon webbing design with 2.00" box pattern will be provided across the top of the crosslay/deadlay(s) to secure the hose during travel. 1.00" web straps will loop through footman loops located at the back. The straps will attach with velcro straps fasteners. The webbing will be permanently attached at the opposite end. ® CROSSLAY 8.00" LOWER THAN STANDARD The crosslays will be lowered 8.00" from standard. ® FOAM SYSTEM The foam system will be externally mounted. ® AUXILIARY FOAM: OUTLET This auxiliary foam outlet will be provided at the DS pump panel side pump panel. The outlet will allow the foam from the onboard foam tank to be connected to a portable eductor. The outlet will be connected directly to the onboard foam tank with 1.50" flexible hose and a 1.50" shutoff valve controlled at the pump operators panel. The outlet will terminate with a 1.50" MNST chrome plated adapter and cap. ® FOAM. TANK The foam tank will be an integral portion of the polypropylene water tank. The cell will have a capacity of 20 gallons of foam with the intended use of Class A foam. The foam cell will not reduce the capacity of the water tank. The foam cell will have a screen in the fill dome and a breather in the lid. ® FOAM TANK DRAIN The foam tank drain will be a 1.00" drain valve located inside the pump compartment accessible through a door on the passenger's side pump panel. ® PUMP COMPARTMENT The pump compartment will be separate from the hose body and compartments so that each may flex independently of the other. It will be a fabricated assembly of steel tubing, angles and channels which supports both the fire pump and the side running boards. The pump compartment will be mounted on the chassis frame rails with rubber biscuits in a four point pattern to allow for chassis frame twist. Pump compartment, pump, plumbing and gauge panels will be removable from the chassis in a single assembly. ®. PUMP MOUNTING Pump will be mounted to a substructure which will be mounted to the chassis frame rail using rubber isolators. The mounting will allow chassis frame rails to flex independently without damage to the fire pump. ® LEFT SIDE :PUMP CONTROL PANELS. All pump controls and gauges will be located at the left (driver's) side of the apparatus and properly identified. Layout of the pump control panel will be ergonomically efficient and systematically organized. The pump operator's control panel will be removable in two (2) main sections for ease of maintenance: The upper section will contain sub panels for the mounting of the pump pressure control device, engine monitoring gauges, electrical switches, and foam controls (if applicable)_ Sub panels will be removable from the face of the pump panel for ease of maintenance. Below the sub panels will be located all valve controls and line pressure gauges. The lower section of the panel will contain all inlets, outlets, and drains. All push/pull valve controls will have 1/4 turn locking control rods with polished chrome plated zinc tee handles. Guides for the push/pull control rods will be chrome plated zinc castings securely mounted to the pump panel. Push/pull valve controls will be capable of locking in any position. The control rods will pull straight out of the panel and will be equipped with universal joints to eliminate binding. ® IDENTIFICATION TAGS The identification tag for each valve control will be recessed in the face of the tee handle. All discharge outlets will have color coded identification tags, with each discharge having its own unique color. Color coding will include the labeling of the outlet and the drain for each corresponding discharge. All line pressure gauges will be mounted directly above the corresponding discharge control tee handles and recessed within the same chrome plated casting as the rod guide for quick identification_ The gauge and rod guide casting will be removable from the face of the pump panel for ease of maintenance. The casting will be color coded to correspond with the discharge identification tag. All remaining identification tags will be mounted on the pump panel in chrome plated bezels. The pump panel on the right (passenger's) side will be removable with lift and turn type fasteners. Trim rings will be installed around all inlets and outlets. The trim rings for the side discharge outlets will be color coded and labeled to correspond with the discharge identification tag. ® PUMP PANEL CONFIGURATION The pump panel configuration will be arranged and installed in an organized manner that will provide user-friendly operation. ® PUMP AND GAUGE PANEL The pump and gauge panels will he constructed of aluminum with a painted FormCoat black finish. A polished aluminum trim molding will be provided around each panel. The passenger's side pump panel will be removable and fastened with swell type fasteners. ® PUMP COMPARTMENT LIGHT There will be one (1) Whelen*), Model 3SCOCDCR, 3.00" white 12 volt DC LED light(s) with Whelen, Model 3FLANGEC, flange(s) installed in the pump compartment. There will be a switch accessible through a door on the pump panel included with this installation. Engine monitoring graduated LED indicators will be incorporated with the pressure controller. Also provided at the pump panel will be the following: - Master Pump Drain Control �a\taxel W : i1C0]1I An air horn control button will be provided at the pump operator's control panel. This button will be red in color and properly labeled "Evacuation". ® VACUUM AND PRESSURE GAUGES The pump vacuum and pressure gauges will be liquid filled and manufactured by Class 1 Incorporated U. The gauges will be a minimum of 4.00" in diameter and will have white faces with black lettering, with a pressure range of 30.00"-0-600#. Gauge construction will include a Zytel nylon case with adhesive mounting gasket and threaded retaining nut. The pump pressure and vacuum gauges will be installed adjacent to each other at the pump operator's control panel. Test port connections will be provided at the pump operator's panel. One will be connected to the intake side of the pump, and the other to the discharge manifold of the pump. They will have 0.25 in. standard pipe thread connections and non -corrosive polished stainless steel or brass plugs_ They will be marked with a label. This gauge will include a 10 year warranty against leakage, pointer defect, and defective bourdon tube. ® PRESSURE GAUGES The individual "line" pressure gauges for the discharges will be Class 1C interlube filled. They will be a minimum of 2.00" in diameter and have white faces with black lettering. Gauge construction will include a Zytel nylon case with adhesive mounting gasket and threaded retaining nut. Gauges will have a pressure range of 30"-0-400#. The individual pressure gauge will be installed as close to the outlet control aspractical. This gauge will include a 10 year warranty against leakage; pointer defect, and defective bourdon tube. WATER LEVEL GAUGE A Fire Research TankVision Pro model WLA300-A00 water tank indicator gauge shall be installed on the pump operator's panel. The gauge kit shall include an electronic indicator module, a pressure sensor, and a 10' sensor cable. The gauge shall show the volume of water in the tank on nine (9) easy to see super bright RGB LEDs. A wide view lens over the LEDs shall provide for a viewing angle of 180 degrees.. The gauge case shall be waterproof, manufactured of Polycarbonate/Nylon material, and have a distinctive blue label. The program features shall be accessed from the front of the indicator module. The program shall support self -diagnostics capabilities, self -calibration, six (6) programmable colored light patterns to display tank volume, adjustable brightness control levels and a data link to connect remote indicators. Low water warnings shall include flashing LEDs at 1/4 tank and down chasing LEDs when the tank is almost empty. The gauge shall receive an input signal from an electronic pressure sensor. The sensor shall be mounted from the outside of the water tank near the bottom. No probe shall be placed on the interior of the tank. Wiring shall be weather resistant and have automotive type plug-in connectors. ® REMOTE LIGHT DRIVER A Fire Research TankVision model WLA290-A00 remote light driver shall be installed. The driver shall provide four (4) separate outputs to control additional water level lights around the apparatus. The lights shall show 1/4, 1/2, 3/4, and full tank. When power is applied the driver shall run a test and cycle each remote light on and off. When the tank is less than 1/4 full the 1/4 tank light shall blink. ADDITIONAL WATER LEVEL GAUGE There will be two (2) additional Fire Research MaxVision model WLA280-A00 water tank remote indicators provided and installed rear of the crew cab doors, high on the side of the cab. The indicators will show the volume of water in the tank on Ninety six (96) easy to see super bright Tri -color LEDs. The indicator case will be waterproof, manufactured of Polycarbonate material with an integrated lens. The remote indicator will indicate the level as a single color in Red for 25% or less, Amber color for up to 50% volume, Blue color for up to 75% volume and Green color for up to 100% volume. When the level reaches 25%, the red LEDs will begin flashing. When the level is empty, they red LEDs will scroll in a down -chasing motion and then flash three times. It will have the program capability to adjust the brightness level for day time and Might time viewing, The LEDs can also be programmed for different colors. This module will be activated when the parking brake is applied. ® FOAM LEVEL GAUGE An electronic foam level gauge will be provided on the operator's panel that registers foam level by means of five (5) colored LED lights. The lights will be durable, ultra -bright five (5) LED design viewable through 180 degrees. The foam level indicators will be as follows: ® 1.00 percent = Green 0 75 percent = Yellow ®. 50 percent= Yellow ® 25 .percent..— Yellow ® Refill = Red The light will flash when the level drops below the given level indicator to provide an eighth of tank indication. To further alert the pump operator, the lights will flash sequentially when the foam tank is empty. The level measurement will be based on the sensing of head pressure of the fluid in the tank. The display will be constructed of a solid plastic material with a chrome plated die cast bezel to reduce vibrations that can cause broken wires and loose electronic components. The encapsulated design will provide complete protection from foam and environmental elements. An industrial pressure transducer will be mounted to the outside of the tank. The display will be able to be calibrated in the field and will measure head pressure to accurately show the tank level. ® STEP/LIGHT SHIELD There will be an aluminum treadplate stepping surface no less than 8.00" deep and properly reinforced to support a man's weight, installed over the pump operator's panel. ® There will be 12 volt DC white LED lights installed under the step to illuminate the controls, switches, essential instructions, gauges, and instruments necessary for the operation of the apparatus. These lights will be activated by the pump panel light switch. Additional lights will be included every 18.00" depending on the size of the pump house. ® One (1) pump panel light will come on when the pump is in ok to pump mode. There will be a light activated above the pump panel light switch when the parking brake is set. This is to afford the operator some illumination when first approaching the control panel. There will be a green pump engaged indicator light activated on at the operator's panel when the pump is shifted into gear from inside the cab. There will be one (1) white LED, step light provided above this step. In order to ensure exceptional illumination, each step light will provide a minimum of 25 foot-candles (fc) covering an entire 15.00" x 15.00" square placed 10.00" below the light and a minimurn of 1.5 fc covering an entire 30.00" x 30.00" square at the same 10.00" distance below the light. The step light will be activated by the pump panel light switch. ® ADDITIONAL STEP/LIGHT SHIELD There will be an additional aluminum treadplate stepping surface no less than 8.00" deep and properly reinforced to support a man's weight, installed over the passenger's side pump panel. ® There will be 12 volt DC white LED lights installed under tine step to illuminate the controls, switches, essential instructions, gauges, and instruments necessary for the operation of the apparatus. These lights will be activated by the pump panel light switch. Additional lights will be included every 18.00" depending on the size of the pump house. There will be one (1) white LED, step light provided above the step. In order to ensure exceptional illumination, each step light will provide a minimum of 25 foot-candles (fc) covering an entire 15.00" x 1.5,00" square placed 10.00" below the light and a minimum of 1.5 Ile covering an entire 30.00" x 30.00" square at the same 10.00" distance below the light. The step light will be activated by the pump panel light switch. • AIR HORN SYSTEM There will be two (2) Grover air horns recessed in the front bumper. The horn system will be piped to the air brake system wet tank utilizing 0.38" tubing. A pressure protection valve will, be installed in-line to prevent loss of air in the air brake system. Air Horn Location The air horns will be located on each side of the bumper, inside of the frame rails. • AIR HORN CON-TROL. The air horns will be actuated by a lanyard rope pull control within reach of the officer and by the horn button in the steering wheel. The driver will have the option to control the air horns or the chassis horns from the horn button by means of aselector switch located on the instrument panel. • ELECTRONIC SIREN A Whelen(M, Model 295SLSAl, electronic siren with noise canceling microphone will be provided. This siren to be active when the battery switch is on and that emergency master switch is on. Electronic siren head will be recessed in the driver side inside switch panel. The electronic >siren will be controlled on the siren head only. No born button or foot switches will be provided. • SPEAKERS There will be two (2) Wheleng, Model SA315P, black nylon composite, 100 -watt, speakers with through bumper mounting brackets and polished stainless steel grille provided. Each speaker will be connected to the siren amplifier. There will be one (1) speaker recessed in the passenger side and one (1) speaker recessed in the driver side of the front bumper. The speakers will be located in the angled corner area of the bumper. • MECHANICAL SIREN, (Auxiliary) An Eagle Sirens, Screaming Eagle siren will be furnished. A siren brake button will be installed on the switch panel. The mechanical siren will be recessed in the front bumper in the center. The siren will be properly supported using the bumper framework. The mechanical siren will be actuated by two (2) foot switches, one (1) located on the officer's side officer side engine tunnel and one (1) on the driver's side. • FRONT ZONE UPPER WARNING LIGHTS There will be one (1) 72.00" Whelen Freedom IV LED lightbar mounted on the cab roof. The lightbar will include the following: • One (1) red flashing LED module in the driver's side end position. • One (1) red flashing LED module in the driver's side front corner position. • One (1) white flashing LED module in the driver's side first front position. • One (1) red flashing LED module in the driver's side second front position. • One (1) red flashing LED module in the driver's side third front position. • One (1) red flashing LED module in the driver's side fourth front, position. ® Open in the driver's side fifth front position. ® Open in the driver's side sixth front position. • Open in the passenger's side sixth front position. ® Open in the passenger's side fifth front position. ® One (1) red flashing LED module in the passenger's side fourth front position. • One (1) red flashing LED module in the passenger's side third front position. ® One (1) red flashing LED module in the passenger's side second front position. ® One (1) white flashing LED module in the passenger's side first front position. ® One (1) red flashing LED module in the passenger's side front corner position. ® One (1) red flashing LED module in the passenger's side end position. There will be clear lenses included on the lightbar. There will be aswitch in the cab on the switch panel to control this lightbar. The white LEDs will be disabled when the parking brake is applied. The six (6) red flashing LED modules in the front positions may be load managed when the parking brake is applied. ® FRONT ZONE LOWER LIGHTS There will be two (2) pair of Whelen, Model M6*C LED" lights installed on the cab face above the headlights, in a common bezel matching the one for the headlamps. The outer LED lights will be the required lights. ® The color of these lights will be both outside lights red. The inner LED lights will be additional lights. ® The color of these lights will be both inside lights red. These lights will have a clear lens. There will be one (1) pair of Whelen, Model M6*C LED lights installed on the cab face above the turn signals in a bezel to match the turn signal. • The color of the driver's side light will be red ® The color of the passenger's side light will be red These lights will have a clear lens. There will be a switch located in the cab on the switch panel to control the lights. Each bezel will have a Truck -Lite Model 19036Y LED clearance light in the end position. ® ROTO RAY LIGHT There will be one (1) Roto Ray, Model 4000W rotating warning light provided on the front of the cab through the top section of the front grille. This warning light will include the following: ® First light to be a PAR46 red LED with clear lens. ® Second light to be PAR46 red LED with clear lens. ® Third light to be PAR46 red LED with clear lens. There will be a switch located in the cab on the switch panel to control the light. The rotation motor and the warning lights will be deactivated when the parking brake is applied. Any flashing white light will be disabled when the parking brake is applied. ® HEADLIGHT FLASHER The high beam headlights will flash alternately between the left and right side. There will be a switch installed in the cab on the switch panel to control the high beam flash. This switch will be live when the battery switch and the emergency master switches are on. The flashing will automatically cancel when the hi -beam headlight switch is activated or when the parking brake is set. ® SIDE ZONE LOWER LIGHTING There will be six (6) Whelen(W, Model M6*C, flashing LED warning lights with chrome trim installed per the following: • Two (2) lights, one (1) each side on the bumper extension. The side front lights to be red. • Two (2) lights, one (1) each side of cab rearward of crew cab doors. The side middle lights to be red. • Two (2) lights, one (1) each side located between the tandems. The side rear lights to be red. • The lights will include clear lenses. There will be a switch in the cab on the switch panel to control the lights. • INTERIOR CAB DOOR WARNING LIGHTS There will be four (4) Wheleng, Model ION*, 1.00" high x 4.00" long 12 volt DC LED flashing warning lights with clear lenses provided, one (1) on each cab and crew cab door pan. The color will be amber. Each light will be activated by the door jam switch of the associated door. • SIDE WARNING LIGHTS There will be six (6) Whelen, Model WIONSMCD split red/white LED light(s) provided and located in the body rub rails one per side under P1/D1 and two under D3 and P2. The lights will NOT be mounted with the rubber gasket behind the light which will allow the light(s) to fit in the rub rails. The lens color will be clear. Each light will be provided with a chrome plated ABS flange. The light(s) will be activated with the emergency master. ® SIDE WARNING LIGHTS There will be four (4) Wheleng, Model WIONSMCD, split red and white LED warning lights with chrome plated ABS flange mounts provided: • One (1) recessed in the driver's side cab step flange. • One (1) recessed in the driver's side crew cab step flange. • One (1) recessed in the passenger's side crew cab step flange. • One (1) recessed in the passenger's side cab step flange. These lights will be activated with the emergency master. The lights will be disabled when the parking brake is applied. • REAR ZONE LOWER LIGHTING There shall be two (2) Wheleng, Model M6*C, LED flashing warning lights located at the rear of the apparatus. • The driver's side rear light to be red • The passenger's side rear light to be red Both lights will include a lens that is clear. There will be a switch located in the cab on the switch panel to control the lights. ® REAR/SIDE ZONE UPPER WARNING LIGHTS There will be two (2) Wheleng, Model L31 H*FN, LED warning beacons provided at the rear of the truck, located one (1) each side. There will be a switch located in the cab on the switch panel to control the beacons. The color of the lights will be red LEDs with both domes clear. The driver's side rear warning light will be mounted on top of the compartmentation with all wiring totally enclosed. The clearance/marker light will be mounted to the side of the compartment ridge. The passenger's side rear warning light will be mounted on a low mount stainless steel bracket with all wiring totally enclosed. This brackets will also support the clearance/marker light. The rear deck lights will be mounted on the beavertail flange to keep the overall height as low as possible. ® TRAFFIC DIRECTING LIGHT There will be one (1) Whelen a , Model TAL65, 36.00" long x 2.87" high x 2.25" deep, amber LED traffic directing light installed at the rear of the apparatus. The Whelen, Model TACTL5, control head will be included with this installation. The controller will be energized when the battery switch is on. The auxiliary flash not activated. This traffic directing light will be mounted over the hosebed, between the body side sheets, on a cross tube at the rear of the apparatus. This installation will include a treadplate box. The traffic directing light control head will be located in the driver side overhead switch panel in the right panel position. ® INVERTER / BATTERY CHARGER. There will be a Vanner, Model 20-1050CUL-DC, inverter/battery charger provided. This inverter will be rated at 787.5 watts to meet NFPA requirements. The inverter will be connected to the batteries through proper fusing and also to shoreline AC power. There will be a Model LSCR-25, battery charging indicator provided on the driver's seat riser. There will be an auto transfer switch included allowing AC loads connected to the inverter to be powered from the battery whenever shoreline ACpower is not available. When shoreline AC power is available, the battery charger function will be active and the AC loads connected to the inverter will be powered through the shoreline connection. The inverter/battery charger will be moulted in the left side forward compartment and have adequate ventilation. A master on/off switch will be provided in the driver side cab switch panel. ® LOOSE EQUIPMENT The following equipment will be furnished with the completed unit: - One (l) bag of chrome, stainless steel, or cadmium plated screws, nuts, bolts and washers, as used in the construction of the unit. ® NFPA REQUIRED LOOSE EQUIPMENT PROVIDED BY FIRE. DEPARTMENT The following loose equipment as outlined in NFPA 1901, 2016 edition, section 5.9:3 and 5.9.4 will be provided by the fire department. • 800 ft (60 m) of 2.50" (65 mm) or larger fire hose. ® 400 ft (120 m) of 1.5.0" (38 mm), 1.75" (45. mm), or 2.00" (52 min) fire hose.. ® One (1) handline nozzle, 200 gpm (750 L/min) minimum. Q Two. (2) handline nozzles, 95 gpm (360 L/min) minimum. ® One (1) smoothbore of combination. nozzle with 2.50" shutoff that flows a minimum of 250 gpm. ® One (1) SCBA complying with NFPA 1981 for each assigned seating position, butnot fewer than four (4), mounted in brackets fastened to the apparatus or stored in containers supplied by the SCBA manufacturer. ® One (1) spare SCBA. cylinder for each SCBA carried, each mounted in a bracketfastened tothe apparatus or stored in a specially designed storage space(s). ® One (1) first aid kit. ® Fou' (4) combination spanner wrenches. ® Two (2) hydrant wrenches. 0 One.. (1) double female 2.50" (65 min) adapter with National Hose threads. ® One (1) double male 2.50" (65 mm) adapter with National Hose threads. ® One (1) rubber mallet, for use on suction hose connections. ® Two (2) salvage covers each a minimum size of 12 ft x 14 ft (3.7 in x 4.3 m). ® One (1) traffic vest for each seating position, each vest to comply with ANSVISEA 207, Standard for High Visibility Public Safety Vests, and have a five -point breakaway feature that includes two (2) at the shoulders, two (2) at the sides, and one (1) at the front. ® Five (5) fluorescent orange traffic cones not less than 28.00" (711 mm) in height, each equipped with a 6.00" (152 min) retro -reflective white band no more than 4.00" (152 mm) from the top of the cone, and an additional 4.00" (102 mm) retro -reflective white band 2.00" (51 mm) below the 6.00" (152 mm) band. ® Five (5) illuminated warning devices such as highway flares, unless the five (5) fluorescent orange traffic cones have illuminating capabilities. ® One (1) automatic external defibrillator (AED). • Four (4) ladder belts meeting the requirements of NFPA 1983, Standard on Fire Service Life Safety Rope and System Components (if equipped with an aerial device). ® If the supply hose carried does not use sexless couplings, an additional double female adapter and double male adapter, sized to fit the supply hose carried, will be carried mounted in brackets fastened to the apparatus. ® If none of the pump intakes are valved, a hose appliance that is equipped with one or more gated intakes with female swivel connection(s) compatible with the supply hose used on one side and a swivel connection with pump intake threads on the other side will be carried. Any intake connection larger than 3.00" (75 mm) will include a pressure relief device that meets the requirements of 16.6.6. ® If the apparatus does not have a 2.50" National Hose (NH) intake, an adapter from 2.50" NH female to a pump intake will be carried; mounted in a bracket fastened to the apparatus if not already mounted directly to the intake. ® If the supply hose carried has other than 2.50 National Hose (NH) threads, adapters will be carried to allow feeding the supply hose from a 2.50" NH thread male discharge and to allow the hose to connect to a 2.50" NH female intake, mounted in brackets fastened to the apparatus if not already mounted directly to the discharge or intake. SOFT SUCTION HOSE There will be a 15' length of 6.00" soft suction hose provided with a 6.00" long handle swivel coupling on one (1) end and a 4.50" long handle swivel coupling on the other. ® DRY CHEMICAL EXTINGUI:SH:ER PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2016 edition, section 5.9.4 requires one (1) approved dry chemical portable fire extinguisher with a minimum 80-B:C rating mounted ina bracket fastened to the apparatus. The extinguisher is not on the apparatus as manufactured. The fire department will provide and mount the extinguisher. ® WATER EXTINGUISHER PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2016 edition, section 5.9.4 requires one (1) 2.5 gallon or larger water extinguisher mounted in a bracket fastened to the apparatus. The extinguisher is not on the apparatus as manufactured. The fire department will provide and mount the extinguisher. ® FLATHEAD AXE PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2016 edition, Section 5.9.4 requires one (1) flathead axe mounted in a bracket fastened to the apparatus. The axe is not on the apparatus as manufactured. The fire department will provide and mount the axe. ® PICKHEAD AXE PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2016 edition, Section 5.9.4 requires one (1) pickhead axe mounted in a bracket fastened to the apparatus. The axe is not on the apparatus as manufactured. The fire department will provide and mount the axe. ® PAINT The exterior custom cab and body painting procedure will consist of a seven (7) step finishing process as follows: I . Manual Surface Preparation - All exposed metal surfaces on the custom cab and body will be thoroughly cleaned and prepared for painting. Imperfections on the exterior surfaces will be removed and sanded to a smooth finish. Exterior seams will be sealed before painting. Exterior surfaces that will not be painted include; chrome plating, polished stainless steel, anodized aluminum and bright aluminum treadplate. 2. Chemical Cleaning and Pretreatment All surfaces will be chemically cleaned to remove dirt, oil, grease, and metal oxides to ensure the subsequentcoatings bond well. The aluminum surfaces will be properly cleaned and treated using a high pressure, high temperature 4 step Acid Etch process. The steel and stainless surfaces will be properly cleaned and treated using a high temperature 3 step process specifically designed for steel or stainless. The chemical treatment converts the metal surface to a passive condition to help prevent corrosion. A final pure water rinse will be applied to all metal surfaces. 3. Surfacer Primer - The Surfacer Primer will be applied to a chemically treated metal surface to provide a strong corrosion protective Basecoat. A minimum thickness of 2 mils of Surfacer Primer is applied to surfaces that require a Critical aesthetic finish. The Surfacer Primer is a two - component high solids urethane that has excellent sanding properties and an extra smooth finish when sanded. 4. Finish Sanding - The Surfacer Primer will be sanded with a fine grit abrasive to achieve an ultra - smooth finish. This sanding process is critical to produce the smooth mirror like finish in the topcoat. 5. Sealer Primer - The Sealer Primer is applied prior to the Basecoat in all areas that have not been previously primed with the Surfacer Primer. The Sealer Primer is a two -component high solids urethane that goes on smooth and provides excellent gloss hold out when topcoated. 6. Basecoat Paint - Two coats of high performance, two component high solids polyurethane Basecoat will be applied. The Basecoat will be applied to a thickness that will achieve the proper color match. The Basecoat will be used in conjunction with a urethane clear coat to provide protection from the environment. 7. Clear Coat - Two (2) coats of Clear Coat will be applied over the Basecoat color. The Clear Coat is a two -component high solids urethane that provides superior gloss and durability to the exterior surfaces. Lap style and roll -up doors will be Clear Coated to match the body. Paint warranty for the roll -up doors will be provided by the roll -up door manufacture. Each batch of basecoat color is checked for a proper match before painting of the cab and the body. After the cab and body are painted, the color is verified again to make sure that it matches the color standard. Electronic color measuring equipment is used to compare the color sample to the color standard entered into the computer. Color specifications are used to determine the color match. A Delta E reading is used to determine a good color match within each family color. All removable items such as brackets, compartment doors, door hinges, and trim will be removed and separately if required, to ensure paint behind all mounted items. Body assemblies that cannot be finish painted afterassembly will be finish painted before assembly. Pierce Manufacturing paint finish quality levels for critical areas of the apparatus (cab front and sides, body sides and doors, and boom lettering panels) meet or exceed the Cadillac/General Motors GMW15777 global paint requirements. Orange peel levels meet or exceed the #b A.C.T.standard in critical areas. These requirements are met in order for the exterior paint finish to be considered acceptable. The Pierce Manufacturing written paint standards will be available upon request. The cab will be two-tone, with the upper section painted #10 1 black along with a shield design on the cab face and lower section of the cab and body painted #90 red. ® PAINT - ENVI:RONMENTAL IMPACT Contractor will meet or exceed all current State regulations concerning paint operations. Pollution control will include measures to protect the atmosphere, water and soil. Controls will include the following conditions: ® Topcoats and primers will be chrome and lead free. ® Metal treatment chemicals will be chrome free. The wastewater generated in the metal treatment process will be treated on-site to remove any other heavy metals. ® Particulates emission collection from sanding operations will have a 99.99% efficiency factor. ® Particulate emissions from painting operations will be collected by a dry filter or water wash process. If the dry filter is used, it will have an efficiency rating of 98.00%. Water wash systems will be 99.97% efficient ® Water from water wash booths will be reused. Solids will be removed on a continual basis to keep the water clean. ® Paint wastes are disposed of in an environmentally safe manner. ® Empty metal paint containers will be to recover the metal. ® Solvents used in clean-up operations will be recycled on-site or sent off-site for distillation and returned for reuse. Additionally, the finished apparatus will not be manufactured with or contain products that have ozone depleting substances. Contractor will, upon demand, present evidence that the manufacturing facility meets the above conditions and that it is in compliance with his State EPA rules and regulations. ® PAINT CHASSIS FRAME ASSEMBLY The chassis frame assembly will be painted black before the installation of the cab and body, and before installation of the engine and transmission assembly, air brake lines, electrical wire harnesses, etc. Components treated with epoxy E -coat protection prior to paint: ® Two (2) C -channel frame rails Components that are included with the chassis frame assembly that will be painted not e -coated are: ® Cross members • Axles ® Suspensions ® Steering gear ® Battery boxes ® Bumper extension weldment ® Frame extensions ® Body mounting angles ® Rear Body support substructure (front and rear) ® Pump house substructure ® Air tanks ® Fuel tank ® Castings ® Individual piece parts used in chassis and body assembly The E -coat process will meet the technical properties shown. ® COMPARTMENT INTERIOR PAINT The compartment interior will be painted with a gray spatter finish for ease of cleaning and to make it easier to touch up scratches and nicks. ® REFLECTIVE BAND Reflective stripes will be provided across the front of the vehicle and along the sides of the body. The reflective band will consist of 1.00" white stripe at the top with a 1.00" gap and a 4.00" black stripe on the bottom. ® CHEVRON STRIPING ON THE FRONT BUMPER There will be alternating chevron striping located on the front bumper. The colors will be red and fluorescent yellow green diamond grade. The size of the striping will be 4.00". ® REAR CHEVRON STRIPING There will be alternating, chevron striping located on the rear -facing vertical surface of the apparatus. The rear surface, excluding the rear compartment door, will be covered. The colors will be red and fluorescent yellow green diamond grade. Each stripe will be 6.00" in width. This will meet the requirements of the current edition of NFPA 1901, which states that 50% of the rear surface will be covered with chevron striping. ® STRIP:E, REFLECTIVE, "S" RIBBON "S" type ribbon(s) will be added to the reflective stripe [Location]. Areas adjacent to the "S" portion of the stripe will be shaded and highlighted with an air brush to give it a ribbon affect. There will be two (2) pair on the vehicle. ® INVERTED "V" CHEVRON STRIPING ON CAB AND CREW CAB DOORS There will be alternating chevron striping located on the inside of each cab and crew cab door. The striping will consist of the following colors: The first color will be red diamond grade The second color will be fluorescent yellow green diamond grade The size of the striping will be 4.00". ® CAB STRIPE There will be a genuine gold leaf stripe provided on both sides of the cab in place of the chrome molding and on the cab face with shield. ® LETTERING The lettering will be totally encapsulated between two (2) layers of clear vinyl. ® LETTERING Twenty-one (21) to forty (40) genuine gold leaf lettering, 3.00" high, with outline and shade will be provided. ® LETTERING Twenty-one (21) to forty (40) reflective lettering, 5.00" high, with [Outline, Lettering] will be provided. • SIGN KIT FOR LETTERING/NUMERALS four (4) painted stainless steel plate(s) and holder(s) will be provided for department lettering. They will be mounted [Location] and [Size] in size. • 911. EMERGENCY EMBLEM(S) There will be two (2) reflective emblem(s) provided and installed_ The emblems will consist of the numbers "911 above the word "EMERGENCY", in reflective lettering. One reflective telephone symbol will appear to the left of the letters. Each emblem will measure approximately 14". • EMBLEM A pair of emblems showing a "Star of Life" will be installed on the vehicle. The emblem will be made with reflective material. The size will be approximately 16.00" high x 16.00" wide. • FIRE APPARATUS PARTS CD MANUAL There will be two (2) custom parts manuals for the complete fire apparatus provided in CD format with the completed unit. The manuals will contain the following: • Job number • Part numbers with full descriptions • Table of contents • Parts section sorted in functional groups reflecting a major systern, component, or assembly • Parts section sorted in alphabetical order • Instructions on how to locate parts The manuals will be specifically written for the chassis and body model being purchased. It will not be a generic manual for a multitude of different chassis and bodies. • SERVICE PARTS INTERNET SITE The service parts information included in these manuals are also available on the factory website. The website offers additional functions and features not contained in this manual, such as digital photographs and line drawings of select items. The website also features electronic search tools to assist in locating parts quickly. • CHASSIS SERVICE CD MANUALS There will be two (2) CD format chassis service manuals containing parts and service information on major components provided with the completed unit. The manual will contain the following sections: • Job number • Table of contents • Troubleshooting • Front Axle/Suspension • Brakes • EngineTires • Wheels • Cab • Electricals, DC • Air Systems • Plumbing • Appendix The manual will be specifically written for the chassis model being purchased. It will not be a generic manual for a multitude of different chassis and bodies. ® CHASSIS OPERATION CD MANUALS There will be two (2) CD format chassis operation manuals provided. ® ONE (1) YEAR. MATERIAL AND WORKMANSHIP A Pierce basic apparatus limited warranty certificate, WA0008, is included with this proposal. ENGINE WARRANTY A Cummins five (5) year limited engine warranty will be provided. A limited warranty certificate, WA0181, is included with this proposal. ® STEERING GEAR WARRANTY A TRW one (1) year limited steering gear warranty will be provided. A copy of the warranty certificate will be submitted with the bid package. ® FIFTY (50) YEAR STRUCTURAL INTEGRITY The Pierce custom chassis frame limited warranty certificate, WAOO 13, is included with this proposal. ® FRONT AXLE TWO (2) YEAR MATERIAL AND WORKMANSHIP WARRANTY A Meritor axle limited warranty certificate, WA0046, is included with this proposal. ® REAR AXLE TWO (2) YEAR MATERIAL AND WORKMANSHIP WARRANTY A Meritor axle limited warranty certificate, WA0046, is included with this proposal. ® ABS BRAKE SYSTEM THREE (3) YEAR MATERIAL AND WORKMANSHIP WARRANTY A Meritor WabcoTmABS brake system limited warranty certificate, WA0232, is included with this proposal. ®. TEN (10) YEAR STRUCTURAL INTEGRITY The Pierce custom cab limited warranty certificate, WA0012, is included with this proposal. ® TEN (10) YEAR PRO -RATED PAINT AND CORROSION A Pierce cab limited pro -rated paint warranty certificate, WA0055, is included with this proposal. FIVE (5) YEAR MATERIAL AND WORKMANSHIP The Pierce Command Zone electronics limited warranty certificate, WA0014, is included with this proposal. ® CAMERA SYSTEM WARRANTY A Pierce fifty four (54) month warranty will be provided for the camera system. ® COMPARTMENT LIGHT WARRANTY The Pierce 12 volt DC LED strip lights limited warranty certificate; WA0203, is included with this proposal ® TRANS.MISS.ION WARRANTY The transmission will have a five (5) year/unlimited mileage warranty covering 100 percent parts and labor. The warranty will be provided by Allison Transmission. Note: The transmission cooler is not covered under any extended warranty you may be getting on your Allison Transmission. Please review your Allison Transmission warranty for coverage limitations. ® TRANSMISSION COOLER WARRANTY The transmission cooler will carry a five (5) year parts and labor warranty (exclusive to the transmission cooler). In addition, a. collateral damage warranty will also be in effect for the first three (3) years of the warranty coverage and will not exceed $10,000 per occurrence. A copy of the warranty certificate will be submitted with the bid package. ® WATER TANK WARRANTY A UPF poly water tank limited warranty certificate, WA0195, isincluded with this proposal. ® TEN (10) YEAR STRUCTURAL INTEGRITY The Pierce apparatus body limited warranty certificate, WA0009, is included with this proposal. ® ROLL UP :DOOR. MATERIAL AND WORKMANSHIP WARRANTY An AMDOR roll -up door limited warranty will be provided. The roll -up door will be warranted against manufacturing defects for a period of ten (10) years. A five (5) year limited warranty will be provided on painted roll up doors. The limited warranty certificate, WA0185, is included with this proposal. ® PUMP WARRANTY A Waterous pump limited warranty certificate, WA0225, is included with this proposal ® TEN (10) YEAR PUMP PLUMBING WARRANTY The Pierce apparatus plumbing limited warranty certificate, WA0035, is included with this proposal. ® TEN (10) YEAR PRO -RATED PAINT AND CORROSION A Pierce body limited pro -rated paint warranty certificate, WA0057, is included with this proposal. ® THREE (3) YEAR MATERIAL AND WORKMANSHIP The Pierce Goldstar gold leaf lamination limited warranty limited warranty certificate, WA001 S, is included with this proposal. ® VEHICLE STABILITY CERTIFICATION The fire apparatus manufacturer will provide a certification stating the apparatus complies with NFPA 1901, current edition, section 4.13, Vehicle Stability. The certification will be provided at the time of bid. ® ENGINE INSTALLATION CERTIFICATION The fire apparatus manufacturer will provide a certification, along with a letter from the engine manufacturer stating they approve of the engine installation in the bidder's chassis. The certification will be provided at the time of bid. ® POWER STEERING CERTIFICATION The fire apparatus manufacturer will provide a certification stating the power steering system as installed meets the requirements of the component supplier. The certification will be provided at the time of bid. ® CAB INTEGRITY CERTIFICATION The fire apparatus manufacturer will provide a cab crash test certification with this proposal. The certification will state that a specimen representing the substantial structural configuration of the cab has been tested and certified by an independent third party test facility. Testing events will be documented with photographs, real-time and high-speed video, vehicle accelerometers, cart accelerometers, and a laser speed trap. The fire apparatus manufacturer will provide a state licensed professional engineer to witness and certify all testing events. Testing will meet or exceed the requirements below: European Occupant Protection Standard ECE Regulation No.29. - SAE J2422 Cab Roof Strength Evaluation - Quasi -Static Loading Heavy Trucks. - SAE J2420 COE Frontal Strength Evaluation - Dynamic Loading Heavy Trucks. - Roof Crush The cab will be subjected to a roof crush force of 22,500 lb. This value meets the ECE 29 criteria, and is equivalent to the front axle rating up to a maximum often (I0) metric tons. - Side Impact The same cab will be subjected to dynamic preload where a 13,275 -Ib moving barrier is slammed into the side of the cab at 5.50 mph, striking with an impact of 13;000 ft -lb of force. This test is part of the SAE J2422 test procedure and more closely represents the forces a cab will see in a rollover incident. - Frontal Impact The same cab will withstand a frontal impact of 32,600 ft -1b of force using a moving barrier in accordance with SAE J2420. - Additional Frontal Impact The same cab will withstand a frontal impact of 65,200 ft -lb of force using a moving barrier. (Twice the force required by SAE J2420) The same cab will withstand all tests without any measurable intrusion into the survival space of the occupant area. ® CAB DOOR DURABILITY CERTIFICATION Robust cab doors help protect occupants. Cab doors will survive a 200,000 cycle door slam test where the slamming force exceeds 20 G's of deceleration. The bidder will certify that the sample doors similar to those provided on the apparatus have been tested and have met these criteria without structural damage, latch malfunction, or significant component wear. WINDSHIELD WIPER DURABILITY CERTIFICATION Visibility during inclement weather is essential to safe apparatus performance. Windshield wipers will survive a 3 million cycle durability test in accordance with section 6.2 of SAE J 198 Windshield Wiper Systems - Trucks, Buses and Multipurpose Vehicles. The bidder will certify that the wiper system design has been tested and that the wiper system has met these criteria. ® SEAT BELT ANCHOR STRENGTH Seat belt attachment strength is regulated by Federal Motor Vehicle Safety Standards and should be validated through testing. Each seat belt anchor design will withstand 3000 lb of pull on both the lap and shoulder belt in accordance with FMVSS 571.210 Seat Belt Assembly Anchorages. The bidder will certify that each anchor design was pull tested to the required force and met the appropriate criteria. ® SEAT MOUNTING STRENGTH Seat attachment strength is regulated by Federal Motor Vehicle Safety Standards and should be validated through testing. Each seat mounting design will be tested to withstand 20 G's of force in accordance with FMVSS 571.207 Seating Systems. The bidder will certify, at time of delivery, that each seat mount and cab structure design was pull tested to the required force and met the appropriate criteria. ® CAB DEFROSTER CERTIFICATION Visibility during inclement weather is essential to safe apparatus performance. The defroster system will clear the required windshield zones in accordance with SAE J381 Windshield Defrosting Systems Test Procedure And Performance Requirements - Trucks, Buses, And Multipurpose Vehicles. The bidder will certify that the defrostsystem design has been tested in a cold chamber and passes the SAE J381 criteria. ® CAB HEATER CERTIFICATION Good cab heat performance and regulation provides a more effective working environment for personnel, whether in -transit, or at a scene. The cab heaters will warm the cab 77 degrees Fahrenheit from a cold - soak, within 30 minutes when tested using the coolant supply methods found in SAE J381. The bidder will certify, at time of delivery, that a substantially similar cab has been tested and has met these criteria. ® CAB AIR CONDITIONING PERFORMANCE CERTIFICATION Good cab air conditioning temperature and air flow performance keeps occupants comfortable, reduces humidity, and provides a climate for recuperation while at the scene. The cab air conditioning system will cool the cab from a heat -soaked condition at 100 degrees Fahrenheit to an average of 78 degrees Fahrenheit in 30 minutes. The bidder will certify that a substantially similar cab has been tested and has met these criteria. ® AMP DRAW REPORT The bidder will provide, at the time of bid and delivery, an itemized print out of the expected amp draw of the entire vehicle's electrical system. The manufacturer of the apparatus will provide the following: ® Documentation of the electrical system performance tests. ® A written load analysis, which will include the following: o The nameplate rating of the alternator. o The alternator rating under the conditions specified per: ® Applicable NFPA 1901 or 1906 (Current Edition). o The minimum continuous load of each component that is specified per: ® Applicable NFPA 1901 or 1906 (Current Edition). o Additional loads that, when added to the minimum continuous load, determine the total connected load. o Each individual intennittent load. All of the above listed items will be provided by the bidder per the applicable NFPA 1901 or 1906 (Current Edition). EXHIBIT `B" [INSERT INSURANCE CERTIFICATE MEETING STANDARD (OR OTHERWISE APPROVED) REQUIREMENTS OF THE CITY OF MILTON, GEORGIA] A. COMMERCIAL GENERAL LIABILITY INSURANCE Certification of insurance coverage will be enclosed. TEN8F-1 CERTIFICATE LIABILITY DATE (MM/DDIYYYY) 01/09/2018 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 have ADDITIONAL INSURED provisions or 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 941-484-0681 Gifford -Heiden Ins Inc 111 E Venice Avenue Venice, FL 34285' Russ Gifford CONAM :NTACT Russ Gifford PHONE941-484-0681 FAX 941-485-3835 (A/C, No, Ext): (AIC, No): E-MAIL DDRESS: X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ® OCCUR Y INSURERS AFFORDING COVERAGE NAIC# INSURER A; Valley Forge Insurance Co 20508 07/30/2018 INSURED Ten -8 Fire Equipment Inc & INSURER B:National Fire Iris Co 20478 Ten 8 Fire & Safety Equipment of Georgia, LLC INSURER C: Continental Casualty Co 20443 INSURER D : 2904 59th Ave Dr E Bradenton, FL 34203 INSURERE: INSURER F: X XCU Included 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF 07/30/2017 POLICY ERPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ® OCCUR Y Y 2091595545 07/30/2018 EACH OCCURRENCE S 1,000,000 DAMAGE TO REoNTED $ 100,000 X Contract Liab 15,000 MED EXP An one person)$,__ X XCU Included PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ® JECTPRO- ❑ LOC GENERAL AGGREGATE 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 Emp Ben. $ 1,000,000 OTHER: B AUTOMOBILE LIABILITY COMaBIINEeD SINGLE LIMIT $ 1,000,000 BODILY INJURY Per person)$ X X ANY AUTO OWNED X SCHEDULED AURRTOS ONLY AUTOS y y 2071988532 07/30/2017 07/30/2018 ---'- BODILY INJURY Per accident $ Pe�a:cRdent AMAGE $ X AUTOS ONLY X A� 06 ONLY PIP $10000 1 1$ C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 EXCESS LIAB CLAIMS -MADE Y Y 2048055914 07/30/2017 07/30/2018 AGGREGATE $ 3,000,000 DED I X I RETENTION $ 10000 A WORKERS ND EMPLOYERS COMPENSATION ANYPROPRIETORtPARTNER/EXECUTIVE VIN (MandaoryEnBEREXCLUDED7 N NNHH Itye3, tlescnbe unaer DES RIPTION OF OPERATIONS below N/A Y 2067574121 01/01/2018 01/01/2019 X PER OTH- E.L.EACH ACCIDENT $ 1,000,000 1,000,000 -F-A EMPLOVF,P E ....—.. _____..00, E.L. DISEASE - POLICY LIMIT 1,000,000 B Garage Liab Y Y 2071988532 07/30/2017 07/30/2018 Occ/Agg 1m/2m B GKLL Phy Dmg 2071988532 07/30/2017 07/30/2018 GKLL 1,600,000 DESCRIPTION OF OPERATIONS ILOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule; may be attached if more space is required) Pierce Pumper Fire Apparatus Honor.Motes@cityofmiltonga.us MILT001 City of Milton 2006 Heritage Walk Milton, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD STATE OF rbrldc)�- EXHIBIT "C"COUNTY OF Yl'%z:3 c — CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia 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 througholut 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: av(ozky Federal Work Authorization User Identification Number Date of Authorization Ten -8 Fire & Safety Equipment of Georgia, LLC Name of Contractor Pumper Apparatus Construction and Delivery Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executedon f�A) I ( , 20� in s (city), (state). Signature of Authorized Officer or Agent Printed Name and Tit e of Authorized Oicer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE II DAY OF U Altil , 20 / . NOTA 9Y PUBLI [NOTARY SEAL] My Commission Expires: KAREN J. TRANSUE * * MY COMMISSION # FF 107492 .S 2- (r s EXPIRES: May 28, 2018 EOFF��' Bonded Thru Budget Notary Service, STATE OF _ COUNTY OF EXHIBIT "D" 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 Ten -8 Fire & Safety Equipment of Georgia, LLC on behalf of the City of Milton, Georgia 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: 1 hereby declare under penalty of perjury that the foregoing is true and correct. Federal Work Authorization User Identification Number Executed on , 20 in (city), (state). Date of Authorization Signature of Authorized Officer or Agent Name of Subcontractor Printed Name and Title of Authorized Officer or Pumper Apparatus Construction and Delivery Agent Name of Project SUBSCRIBED AND SWORN BEFORE ME City of Milton. Georgia ON THIS THE DAY OF Name of Public Employer 520 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: TO: FROM: MILNT 't ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 22, 2018 Steven Krokoff, City Manager 0 AGENDA ITEM: Approval of an Agreement between the City of Milton, Crabapple Merchant Association, and Promotional Mojo Regarding Responsibilities and Obligations Related to the Co - Hosting of Rock for Rescues. MEETING DATE: Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�`AAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (-�-NO CITY ATTORNEY REVIEW REQUIRED: () YES (,�(VO APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: C", I La) Z`('; b 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Courtney Spriggs, Community Outreach Manager Date: Submitted on January 11, 2018 for the January 29, 2018 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton, Crabapple Merchant Association, and Promotional Mojo Regarding Responsibilities and Obligations Related to the Co- Hosting of Rock For Rescues. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City of Milton, non-profit Crabapple Merchant Association (hereinafter referred to as CMA), and Promotional Mojo have entered into a partnership for Rock For Rescues, a spring music festival. This festival will replace Milton Hometown Jubilee. This document outlines the expectations and deliverables of the partnership, including CMA’s handling of vendors, Milton’s handling of logistics, and Promotional Mojo’s handling of scheduled music acts. Funding and Fiscal Impact: Funding for this festival will be achieved by the existing special event fund line items for the Hometown Jubilee ($7,000). This cost will be offset with sponsorships. Alternatives: Denial of the contract, dissolution of the partnership. Legal Review: Jeff Strickland– Jarrard & Davis (10/2/2017) Concurrent Review: Steven Krokoff, City Manager Stacey Inglis, Assistant City Manager Attachment(s): Agreement between the City of Milton, CMA, and Promotional Mojo Regarding Responsibilities and Obligations Related to Co-Hosting of the 2018 Milton Rock For Rescues Festival. AGREEMENT BETWEEN THE CITY OF MILTON; CRABAPPLE MERCHANT ASSOCIATION, INC.; AND PROMOTIONAL MOJO, LLC, REGARDING RESPONSIBILITIES AND OBLIGATIONS RELATED TO CO -HOSTING THE 2018 "MILTON ROCK FOR RESCUES" FESTIVAL THIS AGREEMENT is effective as of this/9 �ay ofAW.. , 201&, by and between CITY OF MILTON, a political subdivision of the State of Georgia, acting by and through its governing authority, the Mayor and City Council for the City of Milton ("City"), CRABAPPLE MERCHANT ASSOCIATION, INC., a Georgia nonprofit corporation ("CMA"), and PROMOTIONAL MOJO, LLC, a Georgia limited liability company ("Promotional Mojo"). Collectively, the City, CMA, and Promotional Mojo may be referred to herein as the "Parties." WITNESSETH THAT: WHEREAS, the City, CMA, and Promotional Mojo desire to co -host a festival to be known as "Milton Rock for Rescues" and to specify each party's responsibilities and obligations related thereto; and WHEREAS, the City, CMA, and Promotional Mojo have determined that it would be mutually beneficial to share in the cost of hosting the Milton Rock for Rescues festival, a music festival benefitting animal rescue organizations as all Parties would benefit from maximum community branding, cost sharing, increased festival attendance, and enhanced benefits to community commerce; and WHEREAS, the City is authorized by Article IX, Section 2, Paragraph III of the Constitution of the State of Georgia to provide and fund recreational programs; and WHEREAS, the City will receive a substantial benefit from consolidating its efforts with those of CMA and Promotional Mojo, as the City will be able to co -host a larger festival with greater recreational opportunities for Milton's citizens; and WHEREAS, the public interest will be served by this Agreement, as the City of Milton will receive a substantial benefit through CMA's and Promotional Mojo's provision of funding, personnel and administrative assistance in co -hosting a community festival. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, together with other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Project Description The Parties will work cooperatively to co -host a festival in downtown Crabapple, which festival shall be known as "Milton Rock for Rescues" (the "Festival"). 1. City Obligations and Responsibilities The City shall be responsible for providing all labor and funding associated with the following in co -hosting the Festival: a. Logistics — The City shall be responsible for coordinating any logistics associated with closing roads and providing security for the Festival, including but not limited to closing Broadwell Road where the Festival will occur and providing a public safety presence at the Festival. b. Power and Lighting The City shall provide power for vendors and musical acts at the Festival. The City shall also provide lighting for vendors. C. Publicity and Communications — The City shall coordinate and/or approve any publicity and communications associated with the Festival, including but not limited to written flyers, pamphlets and advertisements, signage, broadcast media, etc. d. Budget and Finances — The City shall set the Festival budget and beep records of all finances related to the Festival. The City shall provide a copy of any financial statements or other financial reports completed in relation to the Festival to CMA and Promotional Mojo for consideration in Post -Event Evaluation/Summary/Appreciation. Vendor- Solicitation and Recruitment (Retail/Food Vendors Recruited by The City) — The City shall be responsible for soliciting and recruiting retail and food vendors for the Festival, beyond the twelve (12) chosen by CMA as required below. The City will maintain a record of all participating retail and food vendors recruited to participate in the Festival, which record shall include the name, address, and phone number of the vendor, any amounts payable or outstanding from such vendor, the vendor terms, the vendor class (if any), and any other vendor information deemed necessary. Any amounts outstanding to be collected from any retail and food vendors recruited by the City shall be the responsibility of the City. All information will be shared with CMA and Promotional Mojo. CMA will be responsible for providing all labor and funding associated with the following in co hosting the Festival: a. Vendor Solicitation and Recruitment (Retail/Food Vendors Recruited by CMA) — CMA shall be responsible for soliciting and recruiting up to twelve (12) retail and food vendors for the festival. CMA will maintain a record of all participating retail and food vendors recruited by CMA to participate in the Festival, which record shall include the name, address, and phone number of the vendor, any amounts payable or outstanding from such vendor, the vendor terms, the vendor class (if any); and any other vendor information deemed necessary_ Any amounts outstanding to be collected from any retail and food vendors recruited by CMA shall be the responsibility of CMA. All vendor information will be shared with City and Promotional Mojo. b. Vendor Management and Communications — CMA shall be responsible for managing the involvement of and communicating with any and all retail and food vendors recruited by CMA; provided that any fee charged by CMA to vendors to participate in the Festival shall not exceed two hundred twenty-five dollars ($225,00) (vendors may choose to make a donation in excess of such amount). The Parties agree that any revenue collected from fees charged to retail and food vendors recruited by CMA shall be designated to the CMA's fundraising account. In the event that 12 vendors are not retained by CMA, the City will solicit all remaining vendors and collect/retain any fees. C. Vendor Tents & Tables— CMA will either provide tents and tables or require all vendors to be responsible for providing their own tents and tables for their booths/vendor stands. d. Revenue Reporting — Once the Festival is complete, CMA will provide the City with a report specifying all revenues and/or other monies collected in relation to the Festival, including but not limited to those designated for community programs. Promotional Mojo will be responsible for providing all labor and funding associated with the following in co -hosting the Festival: a. Musical Act/Band Recruitment — Promotional Mojo will recruit and retain local bands to perform for the Festival. They will also ensure all band contracts are signed and requirements met. b. Stage/sound equipment and musician contracts — Promotional Mojo will provide a stage and sound/production equipment for all bands. c. Sponsorships — Promotional Mojo shall be responsible for and authorized to obtain sponsorships to fund its portion of any costs associated with co -hosting the Festival. d. Charity donations — Promotional Mojo will choose five (5) animal rescue shelter/charities to benefit from the event and will abide by their established practices to evaluate the health of each 501(c)(3) entity. 1 11111111111111 Jill 1111 II!IJII1I iiiiii iiiii 1111111111111, '1111 111111, 111111111 11111 ;1 '',111 111111irl III 11�� The Parties will be jointly responsible for providing all labor and funding associated with the following in co -hosting the Festival: a. Volunteer Recruitment and Coordination — All Parties shall work together to recruit and coordinate volunteers to plan for and staff the Festival. b. Post -Event Evaluation/Summary/Appreciation — The City and CMA shall work together to evaluate the success of the Festival once complete. ., 1 ,r 1 r, The Parties will negotiate in good faith to equitably assign any obligations or responsibilities not specifically assigned herein, and the labor and funding associated therewith, as such obligations and responsibilities are identified. C. No Admission for Attendees. The Parties agree that there shall be no admission fee charged to members of the public who attend the Festival. The Parties anticipate that the Festival will be held on Saturday, April 28, 2018. This Agreement will terminate upon completion of Post -Event Evaluation, Summary and Appreciation activities following the Festival, which the Parties expect to be completed within five (5) weeks of the Festival. 4 A. Amendments This Agreement may be amended only upon execution of an amendment by all of the Parties hereto. B. Indemnification of the City The CMA shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of CMA's performance of this Agreement. CMA shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials; employees, servants, volunteers and agents (hereinafter referred to as "City Parties") from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney's fees and costs of defense, (hereinafter "Liabilities") which may be the result of willful, negligent or tortious conduct arising out of CMG's performance of this Agreement or operations by the CMA, any CMA contractor; anyone directly or indirectly employed by the CMA or a CMA contractor or anyone for whose acts the CMA or a CMA contractor may be liable. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. 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 City Parties, by any employee or representative of the CMA, any CMA contractor, anyone directly or indirectly employed by the CMA or a CMA contractor or anyone for whose acts the CMA or a CMA contractor 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 CMA or any CMA contractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the City and City Parties shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. Promotional Mojo shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of Promotional Mojo's performance of this Agreement. Promotional Mojo shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as "City Parties") from and against any and all claims, injuries, suits; actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney's fees and costs of defense, (hereinafter "Liabilities") which may be the result of willful, negligent or tortious conduct arising out of Promotional Mojo's performance of this Agreement or operations by the Promotional Mojo, any Promotional Mojo contractor, anyone directly or indirectly employed by the Promotional Mojo or a Promotional Mojo contractor or anyone for whose acts the Promotional Mojo or a Promotional Mojo contractor may be liable.. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. 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 City Parties, by any employee or representative of the Promotional Mojo, any Promotional Mojo contractor, anyone directly or indirectly employed by the Promotional Mojo or a Promotional Mojo contractor or anyone for whose acts the Promotional Mojo or a Promotional Mojo contractor 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 Promotional Mojo or any Promotional Mojo contractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the City and City Parties shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. Cr_ ._ , : 1 The CMA and Promotional Mojo shall have and maintain in full force and effect for the duration of this Agreement commercially reasonable insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this Agreement by CMA and Promotional Mojo, its agents, representatives, employees or contractors. Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANII. The City and City Parties are to be covered as additional °insureds in such policies. Further, during the term of this Agreement, 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. CMA and Promotional Mojo shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this Article. The certificate of ,insurance and endorsements shall be on a form utilized by CMA and Promotional Mojo'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 CMA and Promotional Mojo shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (1) E -Verify Affidavit — Pursuant to O.C.G.A. § 13-10-91(b)(5), CMA and Promotional Mojo must provide a copy of the state issued driver's license or state issued identification card (from a state approved by Georgia's Attorney General) of an individual authorized to act on behalf of CMA and Promotional Mojo and a copy of the state issued driver's license or identification card (from a state approved by Georgia's Attorney General) of each independent contractor utilized in the satisfaction of part or all of this Agreement (provided that no vendor shall be deemed to be an employee or independent contractor of CMA and Promotional Mojo or of the City, as such vendors are not required to provide any service to the CMA and Promotional Mojo or the City and are simply authorized to participate as a vendor in the Festival). In the event CMA later determines that it will hire employees to satisfy or complete the physical performance of services under this Agreement, it shall first be required to comply with the affidavit requirements described in O.C.G.A. § 13-10-91. (1) Records: (a) Records shall be established and maintained by the CMA and Promotional Mojo in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that evaluation of the Project is complete. (b) All costs shall be supported by properly executed invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the CMA and Promotional Mojo shall furnish to the City any and all statements; records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The CMA and Promotional Mojo will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, or data relating to all matters covered by this Agreement. F. Conflicts of Interest CMA and Promotional Mojo agree that they shall not engage in any activity or conduct, jointly or severally, that would result in a violation of the City of Milton Code of Ethics. G. Confidentiality CMA and Promotional Mojo acknowledge that they 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 contractors and/or staff/volunteers to likewise protect such confidential information. The CMA and Promotional Mojo agree that confidential information they receive or such reports or information that they create under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The CMA and Promotional Mojo shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. CMA and Promotional Mojo acknowledge that the City's disclosure of documentation is governed by Georgia's Open Records Act. H. Authority to Contract The CMA and Promotional Mojo covenant and declare that they have obtained all necessary approvals of their board of directors or similar authority to simultaneously execute and bind them to the terms of this Agreement, if applicable. Ratification of the agreement by a majority of the members of the City Council shall be authority for the Mayor to execute this Agreement on behalf of the Council. I. Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.G. § 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 CMA and Promotional Mojo agree that, during performance of this Agreement, CMA and Promotional Mojo, for themselves, their assignees and successors in interest, will not discriminate against any employee or applicant for employment, any contractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, CMA and Promotional Mojo agree to comply with all applicable implementing regulations and shall include the provisions of this Section II(I) in every contract for services contemplated under this Agreement. The City shall have the right to terminate this Agreement for convenience by providing written notice thereof at least thirty (30) calendar days in advance of the termination date. Upon termination, the CMA and/or Promotional Mojo shall promptly discontinue all work that would incur additional liability or obligation on the City, unless the notice directs otherwise. The rights and remedies of the City, CMA and Promotional Mojo provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity, including but not limited to the right to terminate this Agreement for cause. Nothing herein shall be construed as creating any individual or personal liability on the part of any City Party. No City Party shall be personally liable to the CMA, Promotional Mojo 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 CMA, Promotional Mojo or successor or on any obligation under the terms of this Agreement. Likewise, CMA and Promotional Mojo's performance of services F:3 under this Agreement shall not subject their 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 CMA, Promotional Moja, or the City, respectively, and not against any employee, officer, director, or elected or appointed official. This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by all Parties with appropriate authorization. This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no Party may assign this Agreement without prior written approval of the other Parties. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia. The caption or headnote on articles or sections of this Agreement are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible. All communications relating to the day-to-day activities concerning the Project shall be exchanged between Courtney Spriggs for the City, Jennifer Newton for CMA, and Laura Jesseph for Promotional Mojo. W All other notices, requests, demands, 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, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITE' shall be sent to: Milton City Manager 2006 Heritage Walk Milton, GA 30004 With a copy to, Milton Community Outreach Manager 2006 Heritage Walk Milton, GA 30004 NOTICE TO THE CMA shall be sent to: Jennifer Newton, President 615 Gantt Road Alpharetta, GA 30004 NOTICE TO PROMOTIONAL MOJO shall be sent to: Laura Jesseph, Project Manager, Rock For Rescues 13455 Bethany Road; Milton, 30009 Milton; GA 30004 Future changes in address shall be effective only upon written notice being given by the City to CMA and/or Promotional Mojo or by CMA and/or Promotional Mojo to City Manager via one of the delivery methods described in this Section. No failure by the Parties to enforce any right or power granted under this Agreement, or to insist upon strict compliance with this Agreement, and no custom or practice of the Parties at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the Parties' right to demand exact and strict compliance with the terms and conditions of this Agreement. 10 This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. 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. Neither the City nor CMA nor Promotional Mojo shall be liable for their respective non negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or care a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CMA or Promotional Mojo; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance of this Agreement shall be renegotiated in good faith between the Parties to reasonably account for such circumstances, and all other obligations shall remain intact. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF the City, CMA, and Promotional Mqjo have executed this Agreement effective as of the date the last Party executes this Agreement. Attest: By: Amanda Fuller, Executive Director Attest: By: _ Printed Name: Title: Attest: By: Sudie AM Gordon, City Clerk CRABAPPLE MERCHANT ASSOCIATION, INC. By: Date: Jennifer Newton, President [CORPORATE SEAL] PROMOTIONAL MOJO, LLC By: Printed Naive: Title: Date: [CORPORATE SEAL] CITY OF MILTON By: Joe Lockwood, Mayor Date: [CITY SEAL] 12 0 TO: MILTON" ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 22, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Memorandum of Understanding with the Firehouse Subs Foundation for the Management of the Bullei(9 Resistant Vest Grant for Milton Fire -Rescue. MEETING DATE: Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ((PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,YES () NO CITY ATTORNEY REVIEW REQUIRED: (,,j YES (J NO APPROVAL BY CITY ATTORNEY: (PROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0/t aq/zo/b 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted on January 18, 2018 for the January 29, 2018 Regular Council Meeting Agenda Item: Approval of a Memorandum of Understanding with the Firehouse Subs Foundation for the Management of the Bullet Resistant Vest Grant for Milton Fire-Rescue ____________________________________________________________________________ Department Recommendation: Approve the execution of the Memorandum of Understanding with the Firehouse Subs Foundation for the purchase of ballistic protection (fire-oriented bullet-resistant helmets and vests) for each of the riding positions on an apparatus and the battalion chief (18 total sets). Executive Summary: This grant application was approved at the November 20, 2017 Regular Council Meeting. The Grant for $19,152.00 was awarded January 2, 2018. The proffered Memorandum of Understanding is the Foundation’s chosen method of funding this award, with the City managing the actual purchase of the equipment. Funding and Fiscal Impact: There is no immediate fiscal impact associated with executing this Memorandum of Understanding. Alternatives: The alternative to this is to decline the grant or to request a different funding mechanism from the grantor. Legal Review: Sam VanVolkenburgh, Jarrard and Davis, LLC., January 18, 2018 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Memorandum of Understanding Date Date Date MEMO OF UNDERSTANDING- FUNDING AGREEMENT January 19, 2018 Firehouse Subs Public Safety Foundation Responsibilities • Firehouse Subs Public Safety Foundation will award a check to The City of Milton, Georgia, whose EIN is 51-0608862, for $19,152.00 to be used toward the direct purchase of body armor and helmets on behalf of Milton Fire-Rescue. • All purchases must match the quantities and equipment approved in the original grant request. Failure to do so will put the grant in jeopardy. Milton Fire-Rescue Responsibilities 1. A check will be remitted to the organization name as stated in this memo of understanding and must match the EIN number submitted on the grant request. If there is a change in either information, you must submit a W-9 2. If the mailing address where the check needs to be sent differs from the address on the submitted grant application, please email the Foundation with the correct mailing address 3. Confirm check has been received by emailing Firehouse Subs Public Safety Foundation at procurementfoundation@firehousesubs.com 4. Purchase the approved equipment 5. Verify purchase by providing Firehouse Subs Public Safety Foundation with one of the following: o Copies of paid invoices, verifying your organization’s name as the customer and matching the vendor quote(s) o A copy of the cleared check(s), verifying the payee and payment amount matches the vendor quote(s) 6. Provide Firehouse Subs Public Safety Foundation with all SIGNED packing slips confirming receipt of equipment 7. In the event that the purchased equipment costs less than the dollar amount awarded, all excess funds must be returned to Firehouse Subs Public Safety Foundation o Please email procurementfoundation@firehousesubs.com with notification of excess funds within 30 days of purchase o Excess funds will need to be returned to Firehouse Subs Public Safety Foundation within 90 days of purchase 8. If purchases exceed funding, The City of Milton, Georgia is responsible for the additional amount VERY IMPORTANT: Deadline for submitted documentation is September 1, 2018. _________________________________________(Robin Peters) ________________ Firehouse Subs Public Safety Foundation, Inc. Executive Director __________________________________________ ________________ City of Milton Milton, Georgia Mayor Joe Lockwood __________________________________________ ________________ As Approved to City of Milton, GA Attorney Firehouse Subs Public Safety Foundation, Inc. 12735 Gran Bay Pkwy., Suite 150, Jacksonville, Florida 32258 Page 1 of 1 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION TO ACCEPT DONATION OF FUNDS FOR PURCHASE OF FIRE- RESCUE BODY ARMOR AND HELMETS WHEREAS, the City of Milton Fire Department has applied for a grant from the Firehouse Subs Public Safety Foundation and been awarded a grant of $19,152.00 for purchase of body armor and helmets pursuant to the terms of the Funding Agreement attached hereto as Exhibit A; WHEREAS, the Official Code of Georgia Annotated (“O.C.G.A.”) § 36-37-2 provides that, “Each municipal corporation is authorized to receive any donations or gifts of real or personal property which may be made to it by deed of gift, will, or otherwise, subject to such conditions as may be specified in the instrument giving or donating the property, if the governing body of the municipal corporation approves of such conditions”; WHEREAS, the City’s Charter provides, at Section 1.12 (Municipal Powers), at subsection (b)(14), that the City is empowered, “To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose”; WHEREAS, the City’s Fire Chief has indicated that the grant will support the purchase of equipment that will be useful in fire-rescue operations and has recommended that the City accept the donation. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Milton that, 1. The grant of the $19,152.00 is hereby accepted on the terms and conditions set forth in the Funding Agreement. 2. The Mayor is authorized to execute the Funding Agreement on behalf of the City. 3. City staff are directed to prepare such documentation of the grant as is called for under the Funding Agreement and as may be reasonably requested by Firehouse Subs Public Safety Foundation, Inc. SO RESOLVED, this _____ day of _____________, 2018. _______________________________ Joe Lockwood, Mayor Attest: __________________________ Sudie AM Gordon, City Clerk Exhibit A I LTO NIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 22, 2018 FROM: Steven Krokoff, City Manager (�) AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Barge Design Solutions, Inc. for TSPLOST Batch 2 Design Services. MEETING DATE: Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.rPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.?SES () NO CITY ATTORNEY REVIEW REQUIRED: (,VIES () NO APPROVAL BY CITY ATTORNEY: (�PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info9cifyofmiltonga.us I www.cityofmiltonga.us ma To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on January 19, 2018 for the January 29, 2018 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Barge Design Solutions, Inc. for TSPLOST Batch 2 Design Services _____________________________________________________________________________________ Project Description: The intersection improvements of Hopewell Road at Thompson Road and Hopewell Road at Hamby Road were identified projects on the city TSPLOST list. These are the next projects on the implementation plan. A request for proposals was issued for TSPLOST Batch 2 Design Services in accordance with the city’s standard purchasing policy. The city reviewed seven submittals for both qualifications and price and is recommending approval of the Professional Services Agreement with Barge Design Solutions, Inc. Procurement Summary: Purchasing method used: RFP Account Number: Hopewell at Thompson MIL-006 355-4101-541400006 Requisition Total: $45,000 Account Number: Hopewell at Hamby MIL-008 355-4101-541400008 Requisition Total: $45,000 Financial Review: Bernadette Harvill, 1/19/18 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, 12/29/17 Attachment(s): Professional Services Agreement HOME OF ' R t t ESTABLISI IED 2006 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 20 (the "Effective Date'), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the "City"), and BARGE DESIGN SOLUTIONS, INC, a Tennessee corporation, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — City Solicitation Documents Exhibit "B" — Consultant Response/Proposal Exhibit "C" — Scope of Work Exhibit "D" — Contractor Affidavit Exhibit "E" — Subcontractor Affidavit Exhibit "F" — Key Personnel Exhibit IIG" — Concept Schedule B. Proiect Description. The "Project" at issue in this Agreement is generally described as: concept design for proposed intersection improvements at Hopewell Road and Thompson Road and proposed intersection improvements at Hopewell Road and Hamby Road. C. The Work. The Work to be completed under this Agreement (the "Work") uicludes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit "C", attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit "C", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. D. Schedule, Completion Date, and Term of Agreement. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement ("Term") shall commence as of the Effective Date. Work related to the concept designs (Tasks 1, 2, 4, 5, 6, 7 & 8) shall proceed according to the schedule provided in Exhibit "G", attached hereto and incorporated herein by reference. Work related to survey (Task 3) and construction documents (Task 9) may be added at the discretion of the City with scope, timing and fees separately negotiated, which negotiations the parties anticipate will occur on or before December 31, 2020. This Agreement shall terminate upon completion of all Work, provided that certain obligations will survive tenmination/expiration of this Agreement. If the Terns of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent City's provision of written notice of non -renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. H. WORK CHANGES A. Change Order Defined. A "Change Order" means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. B. Right to Order Changes. City reseives 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 2 changes shall be incorporated in written Change Orders and executed by Consultant and 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 tenns for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, City shall have the right to determine reasonable terms, and Consultant shall proceed with the changed work. B. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed Lander 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 City and Consultant. C. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or 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 Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. Ill. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to City before charges are incurred and shall be handled through Change Orders as described in Section H above. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $90,000.00 (the "Maximum Contract Price"), except as outlined in Section II(C) above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon lump sum. The City, at its discretion, may choose to negotiate scope and fee for task 3 and 9 under a change order or additional agreement, to be determined at the completion of tasks 1, 2, 4, 5, 6, 7 &8. C. Reimbursement for Costs. The Maximum Contract Price set forth in Section 3 III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant; Licenses, Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that 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 Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perfonn the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant's profession and industry. 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 profession and industry, Consultant will give written notice immediately to City. C. City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. Consultant aclalowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Consultant's Reliance on Submissions by City. Consultant must have timely information and 'input from City in order to perform the Work required under this Agreement. M Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant's Representative. Daniel Spann, Vice President shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Parry of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually all "Indemnified Parry" and collectively "Indenulified Parties") fiom and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity 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 an Indemnified Party, by any employee of Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of negligent or otherwise wrongful acts or omissions that occurred during the performance of this Agreement. R H. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of 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. 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. I. Insurance. (1) Requirements: 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 Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as 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 the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use C resulting therefrom. (b) Commercial Automobile Liability (owned, non -owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by 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 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Consultant must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ 1,000,000 (one million dollars) per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Consultant; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and if applicable, Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively VA "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Consultant's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. 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) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (b) Workers' Compensation Coverage. The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder's rate of no less than "A-" and with a financial rating of Class VII or greater. The Consultant shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Consultant shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Consultant is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Consultant's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. City reserves the right to require complete, certified copies of all required insurance policies at any time. Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Consultant shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (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, and have an effective date which is on or prior to the Effective Date. 9 (9) City as Additional Insured and Loss Pam City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers' Compensation policy. (10) Prowess ss Paylnents: The making of progress payinents to Consultant shall not be construed as relieving Consultant or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" (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 Consultant's subcontractors have registered with, are authorized to use and use 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, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reforin and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. Iii the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant 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 "E", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. 10 Where Consultant 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 Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Consultant 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 Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant'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. Consultant's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. `L 100 or more employees. Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant 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, Consultant 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. K. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement ("Records") shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date 11 that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City's representative(s) for examination all Records. Consultant will permit City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City's office. Further, Consultant shall permit City or City's representative(s) to observe and inspect any or all of Consultant's facilities and activities during normal hours of business for the purpose of evaluating Consultant's compliance with the terms of this Agreement. In such instances, City or City's representative(s) shall not interfere with or disrupt such activities. L. Ethics Code: Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or 12 an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City's disclosure of documentation is governed by Georgia's Open Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. N. Key Personnel. All of the individuals identified in Exhibit "F", attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant's Project Manager or members of the Project team, as listed in Exhibit "IT", without written approval of City. Consultant recognizes that the composition of this team was instrumental in City's decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant's obligations under this Agreement and shall be grounds for termination. O. Meetings. Consultant is required to meet with City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant's Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem 13 resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. P. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic fonn, prepared or in the process of being prepared for the Work to be perfonned by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. R. Nondiscrimination. hi accordance with Title VI of the Civil Rights Act of 1964, 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, 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 paragraph in every subcontract for services contemplated under this Agreement. V. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Sara Leaders shall be authorized to act on City's behalf with respect to the Work as City's designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section II above. 1I/� aBi1I►K-74 i[l7r l A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination 14 date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant's breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. D. Payment Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Consultant in performing this Agreement, whether completed or in process, in the form specified by City. G. Reservation of Rights and Remedies. The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. NUSCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other 15 agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City's Representative (named above) for City and Consultant's Representative (named above) for Consultant. (2) Official Notices. All other notices, requests, demands, 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 Party at the address given below, or at a substitute address previously furnished to the other 16 Parry by written notice in accordance herewith. NOTICE TO CITY shall be sent to: City Manager City of Milton, Georgia 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: Barge Design Solutions, Inc Attn: Johnny Lee 5445 Triangle Parkway Suite 240 Peachtree Corners, Georgia 30092 G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City's right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any Term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to 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 contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, 17 their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not untended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Maieure. Neither City nor Consultant shall be liable for its respective non - negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations wider this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Consultant's breach of any tens of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONSULTANT: BARGE DESIGN/SOLUTIO S, IN - Signature: t Print Name:LA C Xc c - Title: Prtsid&WVice President (Corporation) [CORPORATE SEAL %S�GN,S+ALU Attest/Witness: 0`Q�Ci,.•�EI� • ����� Signature. Print Name: u � . P A R Q IS = vi as Title: 1 xe u4wc. �cc f7rce.,cGifr. Q (Assistant) Corporate Secretary Sys • c►o���,,: '� • ELLE, ,,• Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By. Joe Lockwood, Mayor 19 [CITY SEAL] EXHIBIT "A" N'L I L I �-. 1 4 ESTABLISHED 2006 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: I RFP Title: 17-PW13 City TSPLOST Batch 2 Design Services Due Date and Time: Local Time: October 5, 2017 @ Number of Pages: 48 2:00 PM ISSUING DEPARTMENT INFORMATION Issue Date: September 14, 2017 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, Ga. 30004 2006 Heritage Walk INSTRUCTIONS TO CONSULTANTS Return Proposal to: Mark Face of Envelope/Package: Authorized Consultant Signatory: Please print name and sign in ink RFP Number: 17-PW13 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office Special Instructions: 2006 Heritage Walk Deadline for Written Questions Milton, Ga. 30004 September 26, 2017 Email questions to Honor Motes at honor.motes@cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address: Authorized Consultant Signatory: Please print name and sign in ink Consultant Phone Number: Consultant FAX Number: Consultant Federal I.D. Number: Consultant E-mail Address: CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2006 Heritage Walk Milton, GA 30004 P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www,cityofmiltonga.us 2 1 RFP 17-PW 13 TABLE OF CONTENTS Consultant's RFP Checklist Disclosure Form Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Consultant Qualifications Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Standard Contract 3 1 RFP 17 -PW 13 CONSULTANT'S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1. Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3. Attend the pre -qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4. Take advantage of the "question and answer" period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal "addenda" issued for the RFP. All addenda issued for an RFP are posted on the DOAS website at hffp://ssl.doas.state.cia.us/PRSapp/PR-index.isp and on the City's website at http://www.cityofmiltonao.us will include all questions asked and answered concerning the RFP. 5. Follow the format required in the RFP when preparing your response. Provide point -by - point responses to all sections in a clear and concise manner. 6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7. Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. Check the website for RFP addenda. Before submitting your response, check the DOAS website at htfp://ssi.doas.state.aa.us/PRSapp/PR index.isp and the City website at hftp://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Consultant response 4 1 RFP 17 -PW 13 MIJIONft ESIABUSHEU 2UU6 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Consultant Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: 5 ( RFP 17 -PW 13 MUST BE RETURNED WITH PROPOSAL 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: eVerify Number Date of Authorization Name of Contractor City TSPLOST Batch 2 Design Services City of Milton 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] My Commission Expires: 6 1 RFP 17 -PW 13 SCHEDULE OF EVENTS Task Date Issue RFP September 14, 2017 Deadline for Questions September 26, 2017 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, September 28, 2017 Proposals Due By 2:00 p.m. EST on October 5, 2017 Award Contract November 6, 2017 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (hffp://www.cityofmiltonga.us) OR THE DOAS WEBSITE(hftp://ssl.doas.state.ga.us/PRSapp/PR index.isp) FOR ADDENDA AND SCHEDULE UPDATES. 7 1 RFP 17 -PW 13 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting proposals from qualified consultants to provide design services on two TSPLOST funded projects. The City intends to phase the TSPLOST program with multiple batches of projects. All Consultants must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until a consultant is selected, consultants are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact may disqualify the consultant from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Consultants should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Consultants with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email to the procurement office referenced above on or before 5 PM (EST) on September 26, 2017 . Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City's Answers. The City will provide an official written answer to all questions on or about September 28, 2017. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at 8 1 RFP 17-PW13 hfp://www.cityofmiltonga.us or http://ssl.doas.state.ga.us/PRSapp/PR_Index.jsp. Consultants must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, consultant agrees to acceptance of the City's standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the consultant's RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the consultant's ability to respond to the RFP or perform the contract. The City reserves the right to address non- material, minor, insubstantial requests for exceptions with the highest scoring consultant during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all consultants submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, a consultant must meet the intent of all mandatory requirements. The City will determine whether a consultant's RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 Reserved 1.4 SUBMITTING PROPOSALS Consultants must organize their proposal into sections that follow the following format. This RFP is for one proposal that includes both intersection projects. A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Technical Proposal: a. No more than six (6) single sided pages (three pages if double sided) 9 1 RFP 17 -PW 13 1. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit b. Minimum of 11 point font c. Stapled or spiral -bound. No binders Each Technical Proposal Shall Contain: a. Design Team (2 pages) - include project staffing, qualifications of the design team, and what sets the team apart b. Work Plan (2 pages) - provide an anticipated project schedule, any anticipated challenges, and any innovative approaches c. Related Projects and References (2 pages) 1. Describe at least 3 similar projects with references and the degree of involvement of the team d. Pricing (See Section 5.0) 5. Applicable Addenda Acknowledgement Forms (if necessary) Consultants must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Consultants failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. One original and three (3) copies of each submittal (plus a CD) should be provided to the City. Proposals must be received at the finance department receptionist's desk in City Hall prior to 2:00 PM, local time, October 5, 2017. Emailed responses to requests for proposals are not acceptable. Proposals will be opened at approximately 2:05 pm and names of consultants will be announced. *Important to remember when submitting digital files: 1. Mark all CD's or Flash Drives with Offeror's name and RFP number and title. 2. All digital files must be in either (unless otherwise specified within this document): a. Microsoft Office file format or b. Portable Document Format (PDF). 10 1 RFP 17-PW13 3. Use caution in creating the electronic files. If the Cities are unable to open files due to data -corruption, password or encryption error, etc., the Offeror's proposal may be considered incomplete. 4. NOTE: All digital copies must include exactly the same information as provided in the hard copy "Original". D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the consultant's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the consultant at the expense of the consultant or destroyed if requested. 1.5 CONSULTANT'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, consultant agrees to an understanding of and compliance with the specifications and requirements described in this RFP. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the consultant. The City is not liable for any expense incurred by the consultant in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and consultant resulting from this RFP process. 11 1 RFP 17-PW13 SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 CONSULTANT COMPETITION The City encourages free and open competition among consultants. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the consultant; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: I . Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from a consultant's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Consultants must be prepared 12 1 RFP 17 -PW 13 to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if a consultant has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring consultant or, if necessary, to seek discussion/negotiation in order to determine the highest scoring consultant. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the consultant's proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by consultants outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the consultant being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. 13 1 RFP 17 -PW 13 After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more consultants should clarification or negotiation be necessary. Consultants may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, consultants should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the consultant's expense. F. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. G. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring consultant to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. H. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible consultant whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring consultant fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring consultant. I. Contract Award. Contract award, if any, will be made to the highest scoring consultant who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the 14 1 RFP 17 -PW 13 right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select a consultant without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Not award if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 15 1 RFP 17-PW13 SECTION 3: SCOPE OF PROJECT 3.0 PROJECT LOCATION Thoma ._�.+- '•"" o Ttxj"G.f6 J al .r � `o"•Ra'v � Tropp' } ��-- Cklb of Atlanta i.ras filton� r fr�nc�+-® j 1 Ti cClub Club1 { ` o l n� def < aoa�r:n,.,e crooked C �V l� I o• 1 3.1 GENERAL SCOPE OF SERVICES It shall be the Consultant's responsibility to design, prepare, assemble and coordinate the necessary documents to complete the project. The completed design must comply with all applicable local, state, and federal environmental laws and regulations. Although no federal funding is anticipated on this project, sufficient data should be collected to transition to federal requirements should federal funding become available. At a minimum, the following standards shall be utilized for the project: a. Georgia Department of Transportation (GDOT) Design Policy Manual (current edition), and applicable addenda. b. Georgia Department of Transportation (GDOT) Standards and Specifications (current edition), and applicable addenda. c. AASHTO Standards, latest edition and applicable addenda, including Design of Pavement Structures, Policy on Geometric Design of Highways and Streets, Roadside Design Guide, and applicable addenda. d. Manual on Uniform Traffic Control Devices (MUTCD) current edition, and 16 1 RFP 1 %-PW13 applicable errata. e. Federal Highway Administration Roundabouts: An Informational Guide, current edition, and all applicable addenda. f. City of Milton Development Regulations. 3.2 SPECIFIC SCOPE OF SERVICES The City of Milton (City), is seeking the services of a professional engineering consultant to conduct an engineering and feasibility study to develop alternative concepts for proposed intersection improvements at Hopewell Road at Thompson Road/S. Thompson Road and proposed intersection improvements at Hopewell Road at Hamby Road. There has been some concept work with these projects as part of the 2016 Milton Comprehensive Transportation Plan. The intent of these concepts is to present all concept alternatives, present the data to public, collect survey data needed to for design, and deliver a final concept report with recommendations and costs that can move into the design phase. The traffic counts, modeling, and descriptions of possible layouts of these projects is available to be downloaded HERE (https://files.secureserver.net/OszeVaUDkitg0br). Additional information is available on the city's TSPLOST website. The goal of this planning project is to assess the transportation impacts of various improvement alternatives, determine the preferred location for the improvement, conduct a survey of the corridor, prepare mapping, identify environmental impacts and permits required to construct the project and prepare concept plans for three alternatives. The concept plans need to include design features that would be aesthetically pleasing and complement area and to develop in a way that is physically possible and cost effective. The costs to design and construct each concept as well as acquire property need to be estimated. The consultant shall provide a complete set of concept plans for this project. The consultant shall be qualified and the proposal shall demonstrate the ability to prepare a complete set of construction drawings if the City elects to add Task 9 as described below. The engineering/design items include, but are not limited to, site plans, grading and drainage plans, utility plans, erosion, sedimentation and pollution prevention plans, road and drainage profiles, hydrology and stormwater management plans, etc... The work program and study outline consists of following tasks: Task 1: Data Collection Collect the base data needed to analyze existing conditions and determine 17 1 RFP 17 -PW 13 general travel characteristics in the vicinity of the intersections. The data to be collected or obtained includes: a. Average Daily Traffic (ADTs) volumes on all approaches to both intersections will be provided by the City. b. The City will provide peak hour turning movement counts at each of the intersections c. Accident data/crash diagram in the area of both intersections (within the past 3 years) d. Pedestrian features and facilities as proposed in the City of Milton Trail Master Plan (crosswalks, pedestrian actuated signals and sidewalks) e. Trip generation rates for area generators Task 2: Property Research Perform the property records search of the affected property and obtain the following information: a. Property address, b. Property record volume and page or map/block/lot reference (as applicable), c. Owner's name and mailing address, d. Photocopy of the current Deed, e. Photocopy of any easements, rights-of-way or boundary agreements encumbering the property referenced in the current Deed, f. Photocopy of any maps referenced in the current Deed. Task 3: Property and Topographical Survey Mapping Provide a field run survey to develop construction documents for the intersection improvements. All information will be collected by a field run survey and shall be sufficient to describe approximately 1,000 feet of right-of-way (measured from the center of the intersection) along all legs of both intersections. The project limits will be considered to be the entire width of the right-of-way, plus a minimum of 25 feet on each side or as may be required by the alternatives proposed by the consultant. The survey database shall include, at a minimum, the following information: a. Right-of-way location, b. All improvements within the project limits, including, but not limited to edge of pavement, utilities, sidewalk, drainage structures, curb and gutter, etc...., c. All drainage structures within the project limits. At a minimum identify the pipe size, pipe material, upstream and downstream inverts, end treatments (end of pipe, headwall, etc...). d. Adjacent property owners and property boundary locations, e. The character and location of all walls, fences, buildings, poles, other visible improvements within the project or twenty-five feet of project 18 1 RFP 17-PW13 f. Driveways, alleys or other means of access on or crossing the project or within twenty-five feet of the project, g. Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc..., h. Topographic survey with a minimum of 2 foot topographic contour intervals. Contours shall extend a minimum of twenty-five feet beyond the project limits or as may be required by the design alternatives, i. Provide spot elevations at all critical points such as drainage breaks, high points, low points, edge of pavement etc..., j. Location and type of all overhead and underground utilities within the project limits which may include, but not be limited to, all manholes, catch basins, valve vaults or other surface indications of subterranean uses. k. Ponds, lakes, springs, defined drainage channels or rivers bordering, running through or within twenty-five feet of the premises being surveyed shall be shown, I. The location of any specimen tree within 100 feet of the project limits. Specimen trees will include any beech or magnolia or walnut tree 24" dbh or greater, any other hardwood or pine 27"dbh or greater and any dogwood, redbud or sourwood 8" dbh or greater. Call out tree type, size and show location. Provide digital files of survey (DWG format tied to state plane coordinates and including Benchmark data and datum information) and 2 hard copies of survey signed and sealed by a professional land surveyor licensed and qualified to do business in the State of Georgia. The consultant shall be required to notify all property owners, in writing, of the impending surveys, prior to starting any surveying activities on their property. A copy of the notification shall be provided to the city. The notification letter shall contain, at a minimum, the following information: a. A brief project description, b. The property owners name and address on the notification letter, c. The Company names of the consultant and sub -consultants that will be in the field conducting the surveys or testing, d. Georgia Law, Code 32-2-2(9) which regulates the entry of private property by GDOT, e. The correct contact name and phone number of the consultant or sub - consultant, f. The correct contact name and phone number of the Liaison Engineer for questions about the project. All coordinates are to be on the specified State Plane, Georgia Coordinate System of 1985 - NAD 83/94 adjustment. All vertical traverses shall use the North 19 1 RFP 17-PW13 American Vertical Datum (NAVD) of 1988. Any potential environmental issues in the project area shall be collected or obtained either through field surveys or from existing data files. The City of Milton can provide the following information in support of the survey work: a. 2 -foot aerial topography, b. 2017 aerial photography, Task 4: Traffic Operations and Safety Assessment The data collected under Task 1 will be tabulated, summarized, analyzed, and assessed to identify base conditions and existing traffic operations. Analyses will include, but not limited to, intersection level of service calculations (overall and each direction for both intersections), determination of roadway capacity, vehicular and pedestrian safety problems, and operating speeds and delay. Future (build year) traffic volumes, patterns and operating conditions will be calculated and compared with base year metrics. The assessment of traffic operations in the area will also include an estimation and simulation of traffic patterns based on the future project of traffic growth in the area. This task shall include a site distance evaluation for all legs of the existing and proposed intersections. Task 5: Develop Improvement Scenarios Based on the results of the traffic and safety assessment, at least three (3) possible scenarios for improving the intersections will be developed. Traffic flows will be developed based on the realignment scenario and intersections levels of service. Traffic modeling of the proposed scenarios may include, but not be limited to, a traffic signal warrant analysis and a roundabout analysis. The concept plans need to address possible relocation of underground utilities and any utilities that may need to be shifted to the new right-of-way for the road. Task 6: Prepare Improvement Scenarios and Concept Plans Prepare a schematic plan for the proposed intersection improvements that meets the project design objectives. The concept plans and presentation will include: a. Layout of the concept plans b. Typical cross section, including pedestrian and bicycle elements to be included on layout; c. 3-D visualization and simulation in format that can be loaded on project website and used at public meeting; d. Estimate property acquisition, including both partial and full property takes, and right-of-way costs for all alternatives; e. Estimate design and construction costs for all alternatives; 20 1 RFP 17 -PW 13 f. Summary of Traffic impact analysis of proposed concepts. Task 7: Public Outreach The project study will include a public outreach effort that will adhere to the principles of a Context Sensitive Solutions approach. It will include a public information meeting, survey/comment cards for the public meeting and the city's website, and project information, documents and plans for the project website. The public will be provided an on-going opportunity to provide input and comment on the project and concept alternatives. During the study, the following outreach efforts will be conducted: Two public information meetings will be held to present all concept alternatives. The consultant will be required to attend and participate in the public information meetings; provide update and information regarding the study for posting on the City's website with clear links to any reports and documents prepared during the study as well as a way to comment on the study. Task 8: Final Report and Public Presentation A final feasibility study will be prepared by the Consultant and reviewed and approved by the City. The final report will be a synthesis of the data collection, analyses, assessments, public input and recommendations. Based on all of the information acquired during this process the Consultant shall provide a recommended alternative. The Consultant will assist in a public presentation of both the preliminary and final report to the Mayor and City Council. Task 9: Construction Documents The City, at its discretion, may choose to negotiate the scope and fees with the Consultant for the development of the construction documents for one or both of the concept plans developed as part of this RFP. 21 1 RFP 17 -PW 13 SECTION 4: CONSULTANT PROPOSALS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the consultant to provide the supplies and/or perform the services specified. 4.1 CONSULTANT INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 22 1 RFP 17-P'v\113 SECTION 5: COST PROPOSAL I L t-10 t\'Illk ESTABLISHED 2006 MUST BE RETURNED WITH BID One (1) original and two (2) copies shall be submitted in a separate sealed envelope before the required deadline. The offeror's cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of: Total Price Print Total Price in Words Print/Type Company Name Here: Authorized Signature Print/Type Name Print/Type Title Date 23 1 RFP 17-PW13 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the proposals according to the following criteria: • A selection team for the City will initially evaluate and score all submittals received. • Proposals not meeting the minimum requirements and those who are non-responsive will not be considered. • Cost Proposals will be reviewed after the technical review process. Proposal Evaluation Criteria Qualifications of the design team 25 pts. • Organization strength and stability • Education and experience of the assigned staff • Key personnel's level of involvement • Proximity and availability of key personnel Work Plan • Project approach • Public involvement • Project innovations • Schedule 25 pts. Related Projects and References 25 pts. • Experience and technical competence on similar projects • Previous experience with City of Milton projects • Previous experience as a design team • Quality of the final work product • Ability to meet schedules Price (Section 5) 25 pts. 24 ( RFP 17-PW13 SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A. Consultant should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the consultant's RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non -material, minor, insubstantial exceptions to the standard contract with the highest scoring consultant at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the consultant's RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City's standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring consultant. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONSULTANT The highest scoring consultant will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any sub -consultants. All sub -consultants, if any, must be listed in the proposals. The City reserves the right to approve all sub -consultants. The Consultant shall be responsible to the City for the acts and omissions of all sub -consultants or agents and of persons directly or indirectly employed by such sub -consultants, and for the acts and omissions of persons employed directly by the Consultant. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT The Consultant is required to supply the City of Milton with proof of compliance with the Workers' Compensation Act while performing work for the City. Neither the Consultant nor its employees are employees of the City. The proof of 25 1 RFP 17-PW13 insurance/exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Consultant must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub -consulting by the Consultant subjects sub -consultants to the same provision. The Consultant agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. Sample contract intentionally omitted as superseded by actual contract. '-OAtf OP TON"'�15M'.1201. ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 17-PW13 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: PHONE: FAX: EMAIL ADDRESS: Signature ADDENDUM #1 ZIP: Date 1�Page RFP 1 7 -PW 1 3 -Addendum it 1 ADDENDUM #1 RFP 17-PW13 This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: 1. Is it the city's intention to see the firm's fee proposal only on the tasks listed in the RFP on Task 1 to Task 8? Answer. Yes, the fee is to be based on tasks 1-8 only. 2. Does Page 15 of the RFP (Section 3.1: General Scope of Services, paragraph 2) mean that proposals should be scoped, staffed, and provide an estimated cost that would include survey and preparation of all environmental resource studies (air, noise, history, archaeology, ecology, protected species, etc.) consistent with GDOT's Environmental Procedures Manual? If not, what level of environmental documentation would be expected for an adequate scope and staffing effort? Answer. The level of environmental documentation for the concept task is an environmental screening through desktop research to identify possible resources. The possible task #9 for the selected alternative would include describing resources identified within the project limits as well as impacts to resources associated with the proposed project that would require permitting and coordination with local, state, and federal agencies. 3. Please confirm that Task 9: Construction Documents (RFP page 20) will not be included in the schedule or cost proposal. Answer: Consultants can show a projected estimated schedule for task 9, but task 9 is not included in the cost proposal. 4. After reviewing the proposal requirements I did not see a "Proposal Letter" form. I know in the past we have been required to submit this form. Will it be issued in the addendum or is it not required for this submittal? Answer: The Proposal Letter will be required and is provided as part of Addendum # 1 5. We're working on our response to the above -referenced RFP and would like to request clarification on item 3 under section 1.4 Submitting Proposals (p. 8 of the RFP). It says to submit "proposal letter (information entered)". Is this a form? (the only form provided is the proposal cover 21 Page RFP 1 7 -PW 1 3 -Addendum #I page). Or does "proposal letter" actually mean a cover letter? And if so, is there a page limit for the cover letter? Answer: The Proposal Letter will be required and is provided as part of Addendum #I 6. Do we need a City of Milton business license to respond to this proposal? Answer: if your business is not located in the City of Milton, then no, you do not need a City of Milton business license to respond to this proposal. Milton business licenses are only required for businesses located within the city limits of Milton. 7. Will we need a City of Milton business license to perform the work? Answer: No, you do not need a City of Milton business license to perform the work 8. Where in our submittal are we to include the Contractor Affidavit and Agreement form (RFP page 5) after the City of Milton Disclosure form as per 1.4 Submitting Proposals on page 8 of the RFP? Answer. All forms are to be provided in the response and can be grouped together under one tab or section labeled "Required Forms" 9. Could you please provide a copy of the City of Milton Proposal letter as per 1.4 Submitting Proposals on page 8 of the RFP? Answer., The Proposal Letter will be required and is provided as part of Addendum #I 3l Page RFP 1 7 -PW 1 3 -Addendum # 1 HOME OF `otJT , M1 Llro Ilk l ESTABLISHED 2006 RFP# 17-PWO13 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) - City TSPLOST Batch 2 Design Services It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Name Print/Type Company Name Here RFP 17-PW13 City TSPLOST Batch 2 Design Services ate "EXHIBIT B" - Ah- `Y Jr- a � ' 1 z 36 �- _ 1 Statement for Proposals CITY TSPLOST BATCH 2 DESIGN SERVICES 17-PW13 BARGE WAGGONER SUMNER & CANNON, INC. M I LT 0--N, *k' U G8LIM ILD 2 X16 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: 17-PW13 City TSPLOST Batch 2 Design Services Due Date and Time: Local Time: October 5, 2017 @ Number of Pages: 48 2:00 PM ISSUING DEPARTMENT INFORMATION Issue Date: September 14, 2017 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.citvofmiHonaa.us Milton, Ga. 30004 2006 Heritage Walk INSTRUCTIONS TO CONSULTANTS Return Proposal to: Mark Face of Envelope/Package: H8: 2x,'VVF ow -r. and C_ii-on. I ir RFP Number: 17-PW13 City of Milton Name of Company or Firm Aft n: Honor Motes, Purchasing Office Special Instructions: 2006 Heritage Walk Deadline for Written Questions Milton, Ga. 30004 September 26, 2017 Consultant Federal I.D. Number: Email questions to Honor Motes at honor. motes@cltyofmiltongo,us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address: Authorized Coo'nsultaory: H8: 2x,'VVF ow -r. and C_ii-on. I ir Tri: , r-1 - Y-'::v,ay, 'dllif ?.; r \" : �•!I,± 'i(b/ i��---�` _.. r,-- Co, n rti, c; <nov Please print name and S' n in ink Consultant Phone Number: Consultant FAX Number: S"17 _ Consultant Federal I.D. Number: Consultant E-mail Address: steve.p: ovosncbwsc.net CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2006 1 ieritage Walk Milton, GA 30004 P. 678.242.25001 F: 678.242.2499 infoalcityotmiltonga.us l www.dfyofii ill cuuun.l Statement of QLIallf1cat10ns City of MIlLon City TSPLOST BatCh 2 Design Services October ,, 2017 4 ;_,,,1, m i t:r(-,-N � EI rABLISIIL'J 7006 DUTY OF MILTON DISCLOSURE FORM 6AU1ST BE RETURNED WITH PROPOSAL BARGE WAGGONER SUMNER k CANNON, INC. This form is for disclosure of campaign contributions and family member relations with City of Milton officiais/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Consultant Bar e, Waggoner, Sumner and Cannon, Inc. Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2.) years.) N/A. List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value N/A. Description Please list any family member that is currently (or has been, employed within the last 12 months) by the City of Milton and your relation: Sara Leaders Spouse of Justin Leaders Statement of QUahhcat lolls City of Milton City TSPLOST Batch z Design Se; vices October 5, 2017 BARGE WAGGONER SUMNER & CAI:NON, INC. HOME OF ' F.STABIISIIf. D2D)o RFP# 17-PW013 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) - City TSPLOST Batch 2 Design Services It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Date Pdnt/Type Name Stene Provost, PLA, Vice President Print/Type Company Name Here Barge, Waggoner, Sumner and Cannon, Inc. RFP 17 -PW 13 City TSPLOST Batch 2 Design. Services Statement of QUalncatons City of Milton IV City TSPLOST Batch 2 Des!gn Services October 5.2017 51 i• MUST BE RETURNED WITH PROPOSAL CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON BARGE WAGGONER SUMNER & CANNON, INC. 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 c Verir y, 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 cnd 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: 2.48258 eVerify Number 09!09J2c(--� Date of Authorization Barge, Waggoner, Sumner and Cannon, !nc Name of Contractor City TSPLOST Batch 2 Design Services City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed once. -.f tahar, i, 201 7 in;AHen&ity), C.'{ (stater). Signatu a of Authorized Officer or Agent Steve Provo t, PLA, Vice President, Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE -5 DAY OF (Iraa" _ 2011.7 NOTARY NBLIC ev�e1"'ti�����R%rPrr1io•,, [NOTARY SEAL j My Commission Expires: C ., Statement of Quahficat ons City of Milton V City TSPLOST Batch 2 Design Services October 5, 2017 BARGE WAGGONER SUMNER & CANNON, INC. Contents A. DESIGN TEAM........................................................................................................... 1 B. WORK PLAN............................................................................................................. 3 C. RELATED PROJECTS AND REFERENCES.......................................................................... 5 Statement of Qualifications City of Milton VI City TSPLOST Batch z Des gn Services October 5, 2017 BARGE WAGGONER SUMNER & CANNON, INC. a. Design Team WHAT SETS US APART BWSC's operating philosophy starts with our vision, purpose, and values. BWSC has been providing professional services for the City of Milton since 2o15 with projects ranging from Roundabout Peer Review to Intersection Improvements. Our vision is "to be selected by our clients when it matters most." This is evidenced by the number of times our long-standing clients depend on us to manage and design their most challenging projects. Our purpose is to create better lives by unleashing the potential of our employees, our clients, and our communities. Finally, our values are embodied in our CARES model: we collaborate with one another and our partners; we are authentic - we are who we say we are; we are responsible to each other and to our stakeholders; we constantly strive for excellence in all that we do; and we work in service of others. All team members are currently available to work on your project. Subconsultant resumes can be provided upon request. Johnny Lee, PE* Statement of Qualificat ons City of Milton Design Team 1 1 City TSPLOST Batch 2 Design Services October 5, 2017 Daniel Spann, PE, PTOE* David Willingham, PE, PMP* Subconsultants Willmer Engineering Johnny Lee, PE* TommyAlexy, PE* Steve Provost, PLA, ASLA* (Geotechnical) I Juan Acosta, PE* Jonathan Smith, PE Raigan Carr, PLA Rochester & Associates Taylor Schmidt, EI Peter Kauffman, PE, PTOE (RA) Tabitha Cruickshank, EI (Survey/ROW/Utility Locate) ;Edwards-Pitman(EPEI) Visualization Drainage/Erosion3D (Environmental) Luke Love* David King, PE, CFM* Juan Acosta, PE * Lead staff GDOT PREQUALIFICATIONSBWSC QUICK FACTS BWSC Willmer Rochester EPEI • Founded in 1955 i.o6a • 3.05 • 4.04 • 6.o1a • 3.01 • i.o6a • 5.03 • Over 35o employees • i.o6e • 3.06 • 4.05 • 6.oib • 3.02 . i.o6b • 5.o8 serving clients nationwide 1.08 • 3.07 • 5.01 . 6.02 • 3.12 • 1.o6c • 8.o1 from 14 locations • 1.10 • 3.o8 • 5.02 • 6.03 • 3.13 • 1.o6e • Annual revenue of over • 1.13 0 3.10 0 5.03 • 6.o4a • 5.01 . 1.o6f $70 million • 2.09 • 3.11 • 5.07 • 6.o4b • 5.02 • i.o6g . Firm is employee -owned • 3.01 • 3.12 . 6.o5 • 6.o5 . 5.03 0 1.07 • 3.02 • 3.13 • 9.01 • 8.01 • 8.01 • 1.09 • 3.03 • 3.15 • 9.01 0 3.10 • 3.04 • 4.oia • 5.01 Statement of Qualificat ons City of Milton Design Team 1 1 City TSPLOST Batch 2 Design Services October 5, 2017 BARGE WAGGONER SUMNER & CANNON, INC. LEAD STAFF QUALIFICATIONS BS/Civil Engineering/ Southern Polytechnic State University/2007 BS/Civil Engineering/ Tennessee Tech. University17996 BS/Civil Engineering/ University of Alabama/7993 BS/Civil Engineering/ Georgia Institute of Technology/2007 BS/Civil Engineering/ Auburn University/ 2001 JOHNNY LEE, PE PROJECT MANAGER • Barrett Parkway at Chastain Meadows Parkway/Barrett Creek Boulevard • Hurt Road Pedestrian Improvements • Log Cabin Drive Pedestrian Improvements • Windy Ridge Pedestrian Bridge over Interstate 75 (Proximity: Peachtree Corners, GA) DANIEL SPANN, PE, PTOE QA/QC • Columbia Avenue Widening • UTC 5th/Douglas Roundabout • Freemanville Rd. Peer Review • Century Farms Roundabout (Proximity: Nashville, TN) DAVID WILLINGHAM, PE, PMP QA/QC • Bent Creek/I85 Interchange • John Findley Drive Bike Lanes • CR -17 @ SR Z55 Improvements • I2o/59 Placemaking Project (Proximity: Birmingham, AL) JUAN ACOSTA, PE ROADWAY TASK LEADER • Jimmy Carter Blvd. at Holcomb Bridge Road Intersection • Hopewell Road at Redd Road Intersection (Proximity: Peachtree Corners, GA) TOMMY ALEXY, PE TRAFFIC TASK LEADER • Columbia Avenue Widening • Freemanville Roundabout • Magnolia Avenue Streetscape • Century Farms Roadway (Proximity: Huntsville, AL) BS/Landscape Architecture/Auburn University/ 1997 BS/landscape Architecture/Louisiana State University/2073 MS/Civil Engineering/ Georgia Tech/2oo8 BS/Civil Engineering/ Georgia Tech/2005 STEVE PROVOST, PLA, ASLA LANDSCAPE ARCHITECTURE • Milton Park Planning/Update • Sandy Springs City Center • Cauley Creek Park Expansion • Dunwoody Park System Plan (Proximity: Atlanta, GA) LUKE LOVE 3D VISUALIZATION • Cauley Creek Park Expansion • Victory Drive • Roswell City Green • Sandy Springs City Center (Proximity: Atlanta, GA) DAVID KING, PE, CFM DRAINAGE/EROSION CONTROL/MS4 • Cauley Creek Park Expansion • Haig Mill Lake Dev. MP • Fords Lake Hydrologic Analysis • Johns Creek Traffic Impact (Proximity: Peachtree Corners, GA) Statement Of Quahflcat OnS City of Milton Design Team 1 2 City TSPLOST Batch 2 Design Se!v ces October 5. 2017 b. Work Plan BWSC fully understands the need to enhance quality of life by facilitating the mobility of people and goods safely and efficiently. The BWSC approach is to provide successful technical solutions and to do so in a cost-effective and timely manner. BWSC has provided consulting engineering services for City of Milton and other local municipal clients such as City of Johns Creek, City of Peachtree Corners, and City of Brookhaven. We have the experience, technical ability, and staff to handle the both projects outlined in the City TSPLOST Batch 2 Design Services. We also understand the critical nature of budget and schedule for these projects and have identified the following key areas that will drive the success of these projects: • Technical Delivery • Project Management • Public Involvement • Project Innovations • Schedule TECHNICAL DELIVERY BWSC's team of accomplished professionals and specialists has valuable experience in developing safe and efficient solutions for a variety of intersection types, and the elements that accompany them such as sidewalks and bike facilities serving a variety of modes and users. This includes traditional at -grade unsignalized and signalized applications such as Hopewell Road at Redd Road in City of Milton, Holcomb Bridge Road at Jimmy Carter Boulevard intersection in Gwinnett County, and innovative applications such as modern roundabouts. We recently completed Roundabout Peer Review for Freemanville Road at Providence Road for the City of Milton. BWSC's in-house staff includes a nationally recognized specialist in modern roundabout design, as well as a recognized specialist in ADA compliance and design. This knowledge and experience has been applied to serve a variety of modal facilities. These include facilities with heavy pedestrian travel such as a roundabout and standard intersection applications on a large southern university, and access and infrastructure for major industrial and manufacturing areas, as well as major commercial and retail areas. Projects of this nature have similar basic challenges and must be dealt with appropriately to result in successful project completion. Typical technical issues include right- of-way constraints, utilities, environmental issues, compliance with ADA, connectivity, constructability, and maintenance of traffic. Many times, project -specific concerns also arise such as cost constraints, public Statement of Qualifications City of Milton City TSPLOST Batch 2 Design Services October 5, 2017 BARGE WAGGONER SUMNER & CANNON, INC. concerns about length of time for construction and detours, and/or impacts to individual properties. BWSC and our team of professionals are experienced and prepared to address challenges of this type. PROJECT MANAGEMENT There are two critical factors required to provide proper capacity for this type of contract, the right quantity/mix of staff, and the professionals who are experienced with the types of work and multiple task order contracts. BWSC has these resources, and has extensive successful experience with concurrent task order work assignments. Our team has the full back-up of qualified professionals available to meet the schedule and technical requirements of any project. We have extensive firm -wide resources we can access when the workload calls for it. For this contract, each project -specific budget will be prepared using a task breakdown. Budgets will be developed for each phase of the project and tracked by the respective task leaders. The budgets will be communicated and reviewed by the project team monthly. For effective management, we have several proven practices that guide our work. Single point of contact. Our Project Manager will manage the communication process and serve as the single point of contact for simplicity. He will oversee time and effort spent by the team on individual tasks and continually strive for efficiency in delivery. Consistent teams for similar tasks. We will use our BWSC team members who work together daily on tasks just like the tasks this contract will require. As the contract needs develop over time, BWSC will assign the same task members to similar tasks each time to further enhance efficiency. Project financial and schedule management. Every project, no matter the size, has a specific project management plan. Simple tasks have simple plans that are less than a page and can be put together quickly. Complex projects use an appropriately detailed plan that includes PSMJ P1anTrax financial tracking software to verify financial and schedule progress and keep the project on track and prevent schedule conflicts. The result is that we identify issues early and everywhere in the process, rather than just looking at billing at the end of a period. We don't have to guess, and we know where we are in the project. Work Plan 1 3 PUBLIC INVOLVEMENT A vital component to providing a successful project is an early public engagement process to get neighbors and local business groups energized and working together through the design process. We believe that the best projects are led by a community vision, incorporating perspectives of multiple disciplines and striving to achieve a high level of sustainable design. We will be committed to bring all voices together and approach this assignment with the goal of empowering the client and the community in the overall process. The BWSC team has extensive experience in presenting project plans in the public information open house environment with professionals who can clearly explain project features and impacts to the public and address issues with individual property owners. Open communication leads to early identification of issues. Adequately addressing public concerns will only improve public opinion of the project and also lead to a smoother project delivery for the City of Milton. BWSC's teammate, Edwards Pitman (EPEI), will document and summarize all input received during the public involvement process and provide an appropriate methodology for a timely response to all comments received. Public meetings will occur after the team has gathered preliminary data on existing conditions and identified current and projected deficiencies. Community outreach often involves controversial areas and complex issues, and our team has the know-how and past experiences in handling such situations in a diplomatic way to streamline the process. PROJECT INNOVATIONS Upon review of all the existing project data, a thorough on-site project field assessment, and preliminary engineering analysis, the BWSC Team believes the following technical approach on each project outlined in the Batch 2 will benefit the traveling public and citizens of Milton. Hopewell Road at Hamby Road & Thompson Road Hopewell Road Corridor has become a major thoroughfare for citizens and residents north of the city. The city's decision to make this corridor a roundabout corridor has paid off where it moves people safely and efficiently thru the city limit by providing roundabouts at all but 3 major intersections. In comparison to widening this corridor, providing smart intersection design such as roundabouts created less disruption in the daily lives of residential communities and saved money. The two projects outlined in this batch 2 are two of the last three major intersections on this corridor to have the potential to become a roundabout intersection. Based on available data, the BWSC team believes the following concepts can be developed at the project intersection at Hamby Road: Statement of Qual6cauons City of Milton City TSPLOST Batch 2 Design Services October 5, 2017 BARGE WAGGONER SUMNER A CANNON, INC. 3 legged Roundabout. See possible layout below. z. Lower speed limit to 35 mph and correct horizontal roadway deficiency on Hopewell Road to provide adequate intersection sight distance from Hamby Road at stop condition. 3. New traffic signal with necessary turn lanes and storage length on all approaches. For the intersection at Thompson Road, the BWSC team believes the western leg of Thompson Road needs to be realigned with the eastern leg of Thompson Road to provide a much simpler geometry at the intersection. The concepts the team will develop during the concept phase are as follows: 1. 4 legged roundabout. See possible layout below. 2. Lower speed limit to 35 mph and correct horizontal roadway deficiency on Hopewell Road to provide adequate intersection sight distance from both directions of Thompson Road at stop condition. 3. New traffic signal with necessary turn lanes and storage length on all approaches. SCHEDULE - TSPLOST Batch 2 Projects Start Finish Concept Design Nov -17 May -18 Database Jan -18 Mar -18 Environmental Document Jan -18 Jan -19 Preliminary Plans May -i8 Aug -18 Right -of -Way Plans Jun -i8 Feb -19 Final Plans Aug -i8 Nov -18 Advertise for Bid Feb -19 Mar -19 Construction Mar -i9 Mar -2o Work Plan 1 4 BARGE WAGGONER SUMNER & CANNON, INC. c. Related Projects and References Reference: City of Milton Sara Leaders, 678.242.2559 BWSC designed intersection improvements to provide safety and mobility for the traveling public in the City of Milton. These improvements are adding dedicated left turn and right turn lanes from Redd Road onto Hopewell Road. As result of additional turn lanes, new rural shoulders are to be added on both sides of Redd Road. Deliverables and tasks included signing and marking upgrade, right-of-way plans, construction plans, erosion control plans and utility coordination. The project had a strict design and construction budget and had to be constructed entirely within the existing right-of-way. BWSC Team Involvement: Johnny Lee Daniel Spann David Willingham Tommy Alexy Juan Acosta Reference: City of Milton Carter Lucas, 678.242.2626 (Bethany [toad) and Sara Leaders, 678.242.2559 (Providence and Freemanville) Statement of Qualificat+ons City of Milton City TSPLOST Batch z Design Services October 5, 2017 BWSC provided professional engineering services for the inspection and rehabilitation recommendations for three bridges in the City of Milton. These include the following: • Bethany Road over Cooper Sandy Creek 121-0281 • Providence Road over Cooper Sandy Creek 121-5o16 • Freemanville Road over Cooper Sandy Creek 121-5153 Each bridge inspection was performed by an FHWA-NHI certified bridge inspector. We provided a pre -bridge inspection, bridge inspection/site visit, and developed the final inspection report. BWSC Team Involvement: Daniel Spann David Willingham Juan Acosta Related Projects and References 1 5 BARGE WAGGONER SUMNER & CANNON, INC Reference: City of Milton Carter Lucas, 678.a42.2,6a6 BWSC is teaming with the planners at PROS Consulting to develop a comprehensive plan for long-term plan growth, development, and expansion for the City of Milton Parks and Recreation System. The team is utilizing several public outreach programs, including statistically valid survey, interviews with stakeholders, and public input meetings to establish the plan's vision and guiding principles. This study will result in several key system improvement recommendations. Included in the comprehensive plan is the development of a master plan for the 421 -acre Providence Park. The park is envisioned as a passive use park made up of a mix of facilities that will be determined through additional public outreach. BWSC Team Involvement: Steve Provost Previous Experience with the City of Milton • Hopewell Road at Redd Road Intersection Improvements • Georgia Bridge Inspections: Bethany Road over Cooper Sandy Creek, Providence Road over Cooper Sandy Creek, and Freemanville Road over Cooper Sandy Creek. • Milton Comprehensive Parks Master Plan and Providence Park Concept Plan Final Work Product BWSC is recognized as one of the top transportation design firms in the Southeast. We have received numerous design awards for our transportation projects and continually get great feedback on our performance from our clients. In addition to our decades of successful experience, we offer a local Project Manager, Johnny Lee, who is well-known in the metro Atlanta area. He will be involved in the stakeholder engagement process, and will manage our skilled in-house team of engineers who understand the community well through current projects. Our experience and management will lead to a successful final work product that the City can be proud of. Ability to Meet Schedules BWSC understands how important it is to meet schedules, particularly in a local government environment. When our staff makes schedule promises to administrators and elected officials, our reputation is on the line. BWSC has the depth of resources to make our clients shine when it comes to meeting or beating project schedule dates. Existing Hamby Road at Hopewell Road Existing Thompson Road at Hopewell Road Staterent of Qualifications City of Milton Related Projects and References 1 6 City TSPLOST Batch z Design Services October S. 2017 BARGE WAGGONER SUMNER R CANNON, INC NA I ITC -/ N *t ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 17-PW13 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motesUcityofmiltonamus I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: Barge, Waggoner, Sumner and Cannon, Inc. CONTACT PERSON: Steve !)rovost, PLA, Vice President ADDRESS: S,44.` Triangle Parkway, Sui- e 240 CITY:Peachtree CornersSTATE: GA ZIP: 30092 PHONE: 770.805.G903 FAX: N/A EMAIL ADDRESS: steve.prcvost@bwsc.net ':0-S-17 _ Signatu Date ADDENDUM #1 F F ' i - " V" 1 3 A C' Statement of Qualifications City of Milton City TSPLOST Batch z Design Services October S. 2017 BARGE WAGGON SUMNER ER MNER & BWSCCAN..N, INC. 5445 Triangle Parkway, Suite 240 Peachtree Corners, Georgia 30092 678.515.9411 phone bargewaggoner.com Connect with us on a 0 equal employment opportunity/affirmative action employer BWSBARGE '%c.-jWAGGONER SLIMNER & CANNON, INCA December 7, 2017 Sara Leaders, PE, LSIT City of Milton 2006 Heritage Walk Milton, GA 30004 RE: City TSPLOST Batch 2 Design Services, City of Milton, GA Subject: Proposal for Engineering Services Dear Sara: Barge Waggoner Sumner & Cannon, Inc. (BWSC) is pleased to provide fees based on Tasks 1, 2, 4, 5, 6, 7, and 8 as outlined in the RFP for the City TSPLOST Batch 2 Design Services (a copy of which is attached to this letter). This includes the following projects: Hopewell Road at Hamby Drive and Hopewell Road at Thompson Road. Based on these Tasks, we estimate a lump sum amount of $45,000 for the Hopewell/Hamby project and $45,000 for the Hopewell/Thompson project. This was prepared based on our understanding of the tasks outlined in the RFP. If we have not fully addressed your project requirements, or if you have other questions regarding the scope of work, please let us know immediately. On behalf of BWSC, we appreciate the opportunity to help you and the City achieve your goals for this project. Sincerely, Dani"S ' 1 /t Spann, P.L., PTOE Vice President, Transportation Director Attachment bargewaggoner.com 5445 Triangle Parkway, Suite 240 678.515.9411 (office) Equal Opportunity Employer/Affirmative Action Employer Peachtree Comers, Georgia 30092 15 1 P,FP 17-PW13 SECTION 3: SCOPE OF PROJECT 3.0 PROJECT LOCATION 3.1 GENERAL SCOPE OF SERVICES Gra, wo "�Srn It shall be the Consultant's responsibility to design, prepare, assemble and coordinate the necessary documents to complete the project. The completed design must comply with all applicable local, state, and federal environmental laws and regulations. Although no federal funding is anticipated on this project, sufficient data should be collected to transition to federal requirements should federal funding become available. At a minimum, the following standards shall be utilized for the project: a. Georgia Department of Transportation (GDOT) Design Policy Manual (current edition), and applicable addenda. b. Georgia Department of Transportation (GDOT) Standards and Specifications (current edition), and applicable addenda. c. AASHTO Standards, latest edition and applicable addenda, including Design of Pavement Structures, Policy on Geometric Design of Highways and Streets, Roadside Design Guide, and applicable addenda. d. Manual on Uniform Traffic Control Devices (MUTCD) current edition, and 16 1 RFP 17-PW13 applicable errata. e. Federal Highway Administration Roundabouts: An Informational Guide, current edition, and all applicable addenda. f. City of Milton Development Regulations. 3.2 SPECIFIC SCOPE OF SERVICES The City of Milton (City), is seeking the services of a professional engineering consultant to conduct an engineering and feasibility study to develop alternative concepts for proposed intersection improvements at Hopewell Road at Thompson Road/S. Thompson Road and proposed intersection improvements at Hopewell Road at Hamby Road. There has been some concept work with these projects as part of the 2016 Milton Comprehensive Transportation Plan. The intent of these concepts is to present all concept alternatives, present the data to public, collect survey data needed to for design, and deliver a final concept report with recommendations and costs that can move into the design phase. The traffic counts, modeling, and descriptions of possible layouts of these projects is available to be downloaded 1ERE (httos://files.secureserver.net/OszeVaUDkIgObr). Additional information is available on the city's TSPLOST website. The goal of this planning project is to assess the transportation impacts of various improvement alternatives, determine the preferred location for the improvement, conduct a survey of the corridor, prepare mapping, identify environmental impacts and permits required to construct the project and prepare concept plans for three alternatives. The concept plans need to include design features that would be aesthetically pleasing and complement area and to develop in a way that is physically possible and cost effective. The costs to design and construct each concept as well as acquire property need to be estimated. The consultant shall provide a complete set of concept plans for this project. The consultant shall be qualified and the proposal shall demonstrate the ability to prepare a complete set of construction drawings if the City elects to add Task 9 as described below. The engineering/design items include, but are not limited to, site plans, grading and drainage plans, utility plans, erosion, sedimentation and pollution prevention plans, road and drainage profiles, hydrology and stormwater management plans, etc... The work program and study outline consists of following tasks: Task 1: Data Collection Collect the base data needed to analyze existing conditions and determine 17 1 RFP 17 -PW 13 general travel characteristics in the vicinity of the intersections. The data to be collected or obtained includes: a. Average Daily Traffic (ADTs) volumes on all approaches to both intersections will be provided by the City. b. The City will provide peak hour turning movement counts at each of the intersections c. Accident data/crash diagram in the area of both intersections (within the past 3 years) d. Pedestrian features and facilities as proposed in the City of Milton Trail Master Plan (crosswalks, pedestrian actuated signals and sidewalks) e. Trip generation rates for area generators Task 2: Property Research Perform the property records search of the affected property and obtain the following information: a. Property address, b. Property record volume and page or map/block/lot reference (as applicable), c. Owner's name and mailing address, d. Photocopy of the current Deed, e. Photocopy of any easements, rights-of-way or boundary agreements encumbering the property referenced in the current Deed, f. Photocopy of any maps referenced in the current Deed. Task 3: Property and Topographical Survey Mapping Provide a field run survey to develop construction documents for the intersection improvements. All information will be collected by a field run survey and shall be sufficient to describe approximately 1,000 feet of right-of-way (measured from the center of the intersection) along all legs of both intersections. The project limits will be considered to be the entire width of the right-of-way, plus a minimum of 25 feet on each side or as may be required by the alternatives proposed by the consultant. The survey database shall include, at a minimum, the following information: a. Right-of-way location, b. All improvements within the project limits, including, but not limited to edge of pavement, utilities, sidewalk, drainage structures, curb and gutter, etc...., c. All drainage structures within the project limits. At a minimum identify the pipe size, pipe material, upstream and downstream inverts, end treatments (end of pipe, headwall, etc...). d. Adjacent property owners and property boundary locations, e. The character and location of all walls, fences, buildings, poles, other visible improvements within the project or twenty-five feet of project 18 1 RFP 17 -PW 13 f. Driveways, alleys or other means of access on or crossing the project or within twenty-five feet of the project, g. Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc..., h. Topographic survey with a minimum of 2 foot topographic contour intervals. Contours shall extend a minimum of twenty-five feet beyond the project limits or as may be required by the design alternatives, i. Provide spot elevations at all critical points such as drainage breaks, high points, low points, edge of pavement etc..., j. Location and type of all overhead and underground utilities within the project limits which may include, but not be limited to, all manholes, catch basins, valve vaults or other surface indications of subterranean uses. k. Ponds, lakes, springs, defined drainage channels or rivers bordering, running through or within twenty-five feet of the premises being surveyed shall be shown, I. The location of any specimen tree within 100 feet of the project limits. Specimen trees will include any beech or magnolia or walnut tree 24" dbh or greater, any other hardwood or pine 27"dbh or greater and any dogwood, redbud or sourwood 8" dbh or greater. Call out tree type, size and show location. Provide digital files of survey (DWG format tied to state plane coordinates and including Benchmark data and datum information) and 2 hard copies of survey signed and sealed by a professional land surveyor licensed and qualified to do business in the State of Georgia. The consultant shall be required to notify all property owners, in writing, of the impending surveys, prior to starting any surveying activities on their property. A copy of the notification shall be provided to the city. The notification letter shall contain, at a minimum, the following information: a. A brief project description, b. The property owners name and address on the notification letter, c. The Company names of the consultant and sub -consultants that will be in the field conducting the surveys or testing, d. Georgia Law, Code 32-2-2(9) which regulates the entry of private property by GDOT, e. The correct contact name and phone number of the consultant or sub - consultant, f. The correct contact name and phone number of the Liaison Engineer for questions about the project. All coordinates are to be on the specified State Plane, Georgia Coordinate System of 1985 - NAD 83/94 adjustment. All vertical traverses shall use the North 19 1 RFP 17 -PW 13 American Vertical Datum (NAVD) of 1988. Any potential environmental issues in the project area shall be collected or obtained either through field surveys or from existing data files. The City of Milton can provide the following information in support of the survey work: a. 2 -foot aerial topography, b. 2017 aerial photography, Task 4: Traffic Operations and Safety Assessment The data collected under Task 1 will be tabulated, summarized, analyzed, and assessed to identify base conditions and existing traffic operations. Analyses will include, but not limited to, intersection level of service calculations (overall and each direction for both intersections), determination of roadway capacity, vehicular and pedestrian safety problems, and operating speeds and delay. Future (build year) traffic volumes, patterns and operating conditions will be calculated and compared with base year metrics. The assessment of traffic operations in the area will also include an estimation and simulation of traffic patterns based on the future project of traffic growth in the area. This task shall include a site distance evaluation for all legs of the existing and proposed intersections. Task 5: Develop Improvement Scenarios Based on the results of the traffic and safety assessment, at least three (3) possible scenarios for improving the intersections will be developed. Traffic flows will be developed based on the realignment scenario and intersections levels of service. Traffic modeling of the proposed scenarios may include, but not be limited to, a traffic signal warrant analysis and a roundabout analysis. The concept plans need to address possible relocation of underground utilities and any utilities that may need to be shifted to the new right-of-way for the road. Task 6: Prepare Improvement Scenarios and Concept Plans Prepare a schematic plan for the proposed intersection improvements that meets the project design objectives. The concept plans and presentation will include: a. Layout of the concept plans b. Typical cross section, including pedestrian and bicycle elements to be included on layout; c. 3-D visualization and simulation in format that can be loaded on project website and used at public meeting; d. Estimate property acquisition, including both partial and full property takes, and right-of-way costs for all alternatives; e. Estimate design and construction costs for all alternatives; 20 1 RFP 17-PW13 f. Summary of Traffic impact analysis of proposed concepts. Task 7: Public Outreach The project study will include a public outreach effort that will adhere to the principles of a Context Sensitive Solutions approach. It will include a public information meeting, survey/comment cards for the public meeting and the city's website, and project information, documents and plans for the project website. The public will be provided an on-going opportunity to provide input and comment on the project and concept alternatives. During the study, the following outreach efforts will be conducted: Two public information meetings will be held to present all concept alternatives. The consultant will be required to attend and participate in the public information meetings; provide update and information regarding the study for posting on the City's website with clear links to any reports and documents prepared during the study as well as a way to comment on the study. Task 8: Final Report and Public Presentation A final feasibility study will be prepared by the Consultant and reviewed and approved by the City. The final report will be a synthesis of the data collection, analyses, assessments, public input and recommendations. Based on all of the information acquired during this process the Consultant shall provide a recommended alternative. The Consultant will assist in a public presentation of both the preliminary and final report to the Mayor and City Council. Task 9: Construction Documents The City, at its discretion, may choose to negotiate the scope and fees with the Consultant for the development of the construction documents for one or both of the concept plans developed as part of this RFP. aa►RG� December 7, 2017 Sara Leaders, PE, LSIT Transportation Engineer City of Milton, GA 2006 Heritage Walk Milton, GA. 30004 Dear Sara, On October 19, 2017, the stockholders of Barge, Waggoner, Sumner and Cannon, Inc. voted to change the name of the company to Barge Design Solutions Inc. with the effective date of the name change to be January 1, 2018. On November 27, Barge Design Solutions, Inc., moved to a new corporate headquarters - 615 3rd Avenue South, Suite 700, Nashville, TN, 37210. Please update your records for both the new name and corporate headquarters. Barge Design Solutions reflects the growth and transformation that has and will continue to take place across our footprint. For over 62 years, we have been committed to bettering the lives of our communities, clients, and employees. With respect for our history (hence the name "Barge"), we move forward with great purpose. We maintain a tremendous respect for all our founders and the vision they had to make this company great. The new name and brand provide a way for our clients and the public to have a better sense of the services we provide; all that we do leads to a design solution for our clients. We remain an employee -owned firm with over 350 employees located in 14 offices. We look forward to our continued partnership. Please let us know if you have any questions or require any additional information related to the above changes. Sincerely, Daniel Spann, PE, PTOE Vice President, Transportation Director Ln a LO N LQ 0 a W La U) LU Uj a LU Ln LA 0 EllM Lo 0 EXIDBIT "C" Please see Exhibits A and B. Notwithstanding anything to the contrary in those exhibits, the Scope of Work includes Tasks 1, 2, 4, 5, 6, 7 & 8, and excludes Tasks 3 & 9. EXHIBIT 46D99STATE OF G� COUNTY OF G w I wkE-rT CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia 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: Federal Work Authorization User Identification Number C� 1 10e) /Z-oov Date of Authorization BARGE DESIGN SOLUTIONS. INC Name of Contractor TSPLOST Batch 2 Design Services Name of Project City of Milton. Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on-�'Yh 201 Y in / ) '., L ,; A )-e (city), (state). Signature of Authorized ricer or Agent Loo Printed Name hnd Title o Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE gbh DAY OF 20 106111 i NOTARY PUBLI �- [NOTARY S�LAL] �G' s My Cominission Expireg: 10 . m • 3&'R STATE OF Georgia COUNTY OF Cobb EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with BARGE DESIGN SOLUTIONS, INC on behalf of the City of Milton, Georgia 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: 210078 Federal Work Authorization User Identification Number April 30, 2009 Date of Authorization Edwards -Pitman Environmental, Inc. Name of Contractor TSPLOST Batch 2 Design Services Name of Project City of Milton. Georgia Name of Public Employer RUSSELL KENYON DXWER. III NOTARY PUBLIC Cobb County State of Georgia MY Comm. Expires June 9 2020 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on January 8 , 2018 in Smyrna (city)Geor is (state). S gnaturc of Authorized Officer or Agent Susan L. Thomas, Executive Vice President of Operations Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 8th DAY OF anuar , 2Q1 NOTARY P LI [NOTARY SEAL] My Commission Expires: June 9, 2020 STATE OF -c COUNTY OF �-V,LL_ EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with BARGE DESIGN SOLUTIONS, INC on behalf of the City of Milton, Georgia 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 Contractor TSPLOST Batch 2 Desi Services Name of Project City of Milton. Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on r , , 201; in (city), ` (state). Signaturb of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE QDAY OF - jl , y , n r.. - , 20_L. NOTARY PUBLIC [NOTARY My Commission -07 �. •• Y•v��cS NOTARY '°UBL1G EXHIBIT "F" See "Design Team" component of Exhibit B. EXHIBIT "G" O S n a o v a m ox, ? x x a, °• o. A o 3 n m m< r3o c c 3 E m o �. x a `0n m m 3 Q n 0 o< � o ? m o_ .o Ox '2 a m °:. 00 0< m p ❑ n. y z a v m v x 0 w x x c c< n v. S m m o m a? a c O m o v o A or N o 3< 3 m o, 0 3 0 3 �i n a o 3 oy a 0 0 0 not 3 o o a 3 a v c o °- E: c P' s aN (Z D a p o v A a O N - O O A a m a a » p - O. d d O d d a 0 0 0 a O d d d d a 0 0 0 lO d p. 0 0 V a a A a 0 0 0 0 d d Qf N 10 rD rD ro nm o 0 o c c c 0 m m ro iD iD ro m m rD - -' -ry rD rn rD rD rD m o� 0 0 n n n a a n a>>> \o \o m n�� �� p p\ to a A��� O. a n O. n a n N N \ \ \ N t\O W W \ \ \ W - \ \ N \ N \ � \ \ \ \ \ Qr \ \ \ \ \ \ \ \ OD OD f+ N W W OD W \ \ \ \ 00 N \ N '+ 00 OD OD 00 W W W W OD OD OD �+ N W 00 W 00 00 W � W pp 00 W OD OD W Op W pp W W W m iD A m m m�� ro m ro m m� o 0 0 00- o 0 o c o - n \ N N W N \ \ \ \ \ \ C \ \ N N \ Ot VN \ \ N N \ N \ W W W \ \ \ N \ \ \ A \ \ \ N N \ � \ \ \ \ W \ � \ 0\D � N O O \ O \ to \ \ w \ \ 00m � OD W W w w �� Co Cv V In 01 A A w V O W V Q� lA A W O Ot W N N lJt N � 1 rr] L N TO: FROM: AGENDA ITEM: MEETING DATE: MILTONIr ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 22, 2018 Steven Krokoff, City Manager Approval of Change Order # 1 to Provide Construction Inspection of FY 17 Resurfacing and Reconstruction Project. Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (eAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,J. -YES () NO CITY ATTORNEY REVIEW REQUIRED: (.e%ES () NO APPROVAL BY CITY ATTORNEY: (J,,KPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: CPf/i.4/to lL 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 infoQcityofmiltonga.us 1 www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: January 22, 2018 for the January 29, 2018 Regular City Council Meeting Agenda Item: Approval of Change Order #1 to Provide Construction Inspection of FY17 Resurfacing and Reconstruction Project _____________________________________________________________________________________ Project Description: The City is requesting additional required construction inspection services for the FY17 Resurfacing and Reconstruction Project. The services to be provided shall ensure control of work on the project and shall provide for continuous project inspection, oversight, and administration of the construction. The additional services are needed as a result of the contractor being onsite longer than expected. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: 300-4101-521205000 Adjustment Total: $12,923 Requisition Total: $50,000 Vendor: BM&K, PC Financial Review: Bernadette Harvill (1/22/18) Legal Review: Sam VanVolkenburgh – Jarrard & Davis (1/18/18) Attachment(s): Change Order to Task Order MILTON* MMLIHKW 4006 CHANGE ORDER #1 TO PROVIDE CONSTRUCTION INSPECTION SERVICES FOR THE FY17 RESURFACING AND RECONSTRUCTION PROJECT WHEREAS, the City of Milton, Georgia and BM&K, P.C., have entered into a Professional Services Agreement (the `Agreement") dated May 1, 2017 and a Task Order (the `"Task Order') dated September 28, 2017, incorporated herein by reference; and WHEREAS, the Parties desire to change the Not to Exceed amount of the Task Order pursuant to Section 2 of the Agreement, it being to the mutual benefit of all parties to do so; NOW THEREFORE, the Parties agree to amend the Task Order as follows: "Timing" section is amended by replacing the text with the following: This task order will be completed when the project is fully complete, which is estimated to be on or around March 31, 2018." "Compensation" section is amended by replacing the text with the following: "This task order shall not exceed $50,000 based upon the rates that are part of the Agreement." Approved by City Council Mayor Date CITY OF MILTON: By: Date: 2006 Heritage Walk Milton, GA 30004 P; 678.242.2500 � F: 678.242.2499 Info@cifyofmiltonga.us � www.cifyofmiltonga.us O O © O N TO: FROM: AGENDA ITEM MEETING DATE: MILTON"'t' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 23, 2018 Steven Krokoff, City Manager(O Approval of Change Order #I for Construction Services Agreement for Milton Downtown Wayfinding Signage Project. Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,, IYES () NO CITY ATTORNEY REVIEW REQUIRED: (1YES () NO APPROVAL BY CITY ATTORNEY: (✓)APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: c,, 11-112L, 16 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Kathleen Field, Director Community Development Date: Submitted on January 23, 2018 for the January 29, 2018 Regular City Council Meeting Agenda Item: Approval of Change Order #1 for Construction Services Agreement for Milton Downtown Wayfinding Signage Project. _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This Construction Services agreement with CanAm Signs & Imaging is being extended because there were unforeseen delays in the project due to GDOT’s sign approval processes. The original agreement has expired and an extension to March 31, 2018 will give the company sufficient time to complete the work. Funding and Fiscal Impact: None. Alternatives: None. Legal Review: 01/09/2018, Sam VanVokenburgh (Jarrard & Davis) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Change Order Agreement HOfVF ESTABLISI ICD 2006 CHANGE ORDER #1 FOR CONSTRUCTION SERVICES AGREEMENT Milton Downtown Wayfinding Signage Project WHEREAS, the City of Milton, Georgia and CIB International, Inc. d/b/a CanAm Signs &Imaging have entered into a Construction Services Agreement (the "Agreement") dated May 15, 2017, incorporated herein by reference; and WHEREAS, the parties desire to change the completion date of the Project pursuant to Section 6 of the Agreement, it being to the mutual benefit of all parties to do so; NOW THEREFORE, the parties agree to amend the Agreement as follows: Section 4(A) is amended by replacing the text "All Work shall be completed within fifteen (15) weeks from the date of the Notice to Proceed" with the text "All Work shall be completed by March 31, 2018". IN WITNESS WHEREOF, the parties have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. CITY OF MILTON By: G Title: Ti �I Date: Approved by City Council Mayor Date N D; City Attorney Approval as to Form 1 TO: FROM: 1T t r �� L ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 24, 2018 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Settlement Agreement with Comcast Cable Communications, LLC for the Underpayment of Franchise Fees. MEETING DATE: Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (JOYES (J NO CITY ATTORNEY REVIEW REQUIRED: OYES (J NO APPROVAL BY CITY ATTORNEY: VAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: b'1zlhollb 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us k n V o To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on January 23, 2018 for the January 29, 2018 Regular City Council Meeting Agenda Item: Approval of a Settlement Agreement with Comcast Cable Communications, LLC for Underpayment of Franchise Fees Department Recommendation: The recommendation is to approve the attached settlement agreement with Comcast Cable Communications, LLC for franchise fees due to the City. Executive Summary: In October 2017, the City contracted with Georgia Municipal Association for telecommunications and right-of-way management. An audit of our current franchise agreements with the telecommunications companies was performed upon commencement of the contract. After auditing the franchise agreement with Comcast, it was discovered that not only has our franchise agreement expired, but the franchise fees were not calculated properly. The fees that Comcast passes on to their customers to cover the franchise fees due to the City were not included as gross revenues, which is the basis for the franchise fee calculation. We are only allowed to collect fees dating back three years; therefore the underpayment due to the City is $65,398.44. We are currently working with the attorneys to renew our franchise agreement with Comcast. It should be ready to present to council for approval at one of the regular meetings in February. Funding and Fiscal Impact: An increase in revenues by $65,398.44. Alternatives: No alternatives Legal Review: Approved by Sam VanVolkenburg (attorney in Ken Jarrard’s office) on 1/23/18 Concurrent Review: Steven Krokoff, City Manager Attachment: Settlement Agreement SETTLEMENT AGREEMENT FRANCHISE FEE AUDIT/REVIEW This Settlement Agreement (the “Settlement Agreement”) is dated this ____ day of __________ 2018, between Comcast Cable Communications, LLC (“Comcast”), and the City of Milton, GA (the “City”). Comcast and the City may be individually referred to hereafter as a “Party” or jointly as the “Parties.” RECITALS WHEREAS, Section 7.1 of the City’s Franchise Agreement requires Comcast to pay a franchise fee in the amount of five percent of Comcast’s gross revenues (the “Franchise Fee”); WHEREAS, the City engaged the firm of Local Government Services to conduct a review of Comcast’s Franchise Fee payments for the period from July 1, 2014 through June 30, 2017 (“Audit Period”); WHEREAS, the City has provided Comcast with a copy of a report prepared by Local Government Services December 8, 2017 (“Report”), which report concludes that Comcast owes additional franchise fees for the Audit Period; WHEREAS, the Parties deem it to be to their mutual benefit to settle their differences for all Franchise Fee payment issues for the period of July 1, 2014 through September 30, 2017 (the “Settlement Period”), by this Settlement Agreement, resolve all such disputes and specify the terms under which Comcast will pay the City the sum of $65,398.44 in full settlement of all Franchise Fee payment obligations for the Settlement Period. NOW THEREFORE, in exchange for the mutual benefits and undertakings described herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. PAYMENT BY COMCAST Within thirty (30) days of delivery to Comcast of a counterpart original of this Settlement Agreement executed by the City, Comcast shall deliver to the City a check made payable to the City of Milton in the amount of $65,398.44. Comcast reserves the right to pass through to customers any such sums of this franchise fee payment which have not already been collected as franchise fees. 2. RELEASE OF ALL CLAIMS AND FINAL SATISFACTION AND RELEASE OF PAYMENT OBLIGATIONS The Parties hereby release and discharge each other from all claims related to Franchise Fee payments for the Settlement Period. Payment by Comcast to the City pursuant to Section 1 hereof shall be deemed full and final satisfaction and release of - 2 - Comcast’s Franchise Fee payment obligations for the Settlement Period. 3. NO WAIVER OR CONCESSION OF THE METHOD OF CALCULATION OF GROSS REVENUES The Parties mutually agree that this Settlement Agreement controls only the Settlement Period and is neither precedent nor waiver by either Party of any claim, methodology or interpretation of the Franchisee’s gross revenues for any future audit of periods not within the Settlement Period. 4. GENERAL PROVISIONS (a) Each Party covenants and agrees that it will not make, assert or maintain any claim, demand, action or cause of action that is discharged by this Settlement Agreement against the other Party; provided, however, that either Party may bring an action against the other Party to enforce this Settlement Agreement. (b) Each Party represents that it has not conveyed or assigned any claims released by this Settlement Agreement to any third parties. Each Party represents and warrants that it has the power and authority to enter into this Settlement Agreement. Any breach of this Settlement Agreement shall be subject to all remedies available to the Parties at law or in equity. In addition, any breach of this Settlement Agreement shall be deemed a breach of the Franchise Agreement, and shall be subject to all of the remedies available under the Franchise Agreement. (c) The Settlement Agreement sets forth the entire agreement of the Parties with respect to its subject matter, there being no other promise or inducement to or for the execution of this Settlement Agreement other than the consideration cited above. There are no contingencies, conditions precedent, representations, warranties, or other agreement, oral or otherwise, regarding settlement between the Parties not stated herein. (d) The Parties acknowledge that this Settlement Agreement is the product of negotiations between the Parties and does not constitute, and shall not be construed as, an admission of liability on the part of any Party. (e) This Settlement Agreement shall inure to the benefit of, and shall be binding on, the Parties’ respective successors and assigns. (f) This Settlement Agreement may not be modified or amended, nor any of its terms waived, except by an amendment signed by duly authorized representatives of the Parties. (g) This Settlement Agreement shall be construed and enforced in accordance with the laws of the State of Georgia without regard to conflicts of law principles. All actions or suits brought hereunder or arising out of this Settlement Agreement shall be brought in the appropriate State or Federal courts in Georgia, and in no other courts. (h) This Settlement Agreement shall be effective upon the date when it is executed on behalf of the City. - 3 - (i) All time frames expressed in terms of days shall mean calendar days, and if the time allowed for action required hereunder shall expire on a Saturday, Sunday, or holiday as defined, and if the time allowed for action required hereunder shall expire on a Saturday, Sunday, or holiday as defined by the laws of the State of Georgia, then the expiration shall automatically be the next calendar day that is not a Saturday, Sunday, or holiday. All time frames are agreed to be of the essence. IN WITNESS WHEREOF, the Parties have caused this Settlement Agreement to be executed by duly authorized representatives of each Party on the dates written below. CITY OF MILTON, GA By: ______________________________ Name: ____________________________ Title: _____________________________ Date: ______________________________ Approved as to Form: __________________________________ City Attorney COMCAST CABLE COMMUNICATIONS, LLC By: ______________________________ Name: ____________________________ Title: _____________________________ Date: ______________________________ l� MILTON'Ir6 ESTABL15HED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 23, 2018 FROM: Steven Krokoff, City Manage 0 AGENDA ITEM: Approval of Subdivision Plats and Revisions Approval MEETING DATE: Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.KAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (,ANO CITY ATTORNEY REVIEW REQUIRED: () YES (JAO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: v//Z q 120/f, 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on January 23, 2018 for the January 29, 2018 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat List, Location Map, Plats Consent Agenda Plats Staff Memo Page 2 of 5 Name of Development / Location Action Comments / # lots Total Acres Density 1. Mark Brown Property LL 998 & 1019 Arnold Mill & Ranchette Combo Plat Combine 3 lots into 1 Lot 22.75 .04 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 5 Consent Agenda Plats Staff Memo Page 4 of 5 Consent Agenda Plats Staff Memo Page 5 of 5 MILTONt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 22, 2018 FROM: Steven Krokoff, City Manager ,� AGENDA ITEM: Proclamation Recognizing 1 10th Birthday Celebration for Elsada Miriam Duncan, Evangelist. MEETING DATE: Monday, January 29, 2018 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: () YES (- NO CITY ATTORNEY REVIEW REQUIRED: () YES (.4 -VO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 611100)t 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infu9cityofmiltonga.us I www.cityofmiltongo.us 0000 Recognizing the 110th Birthday of Elsada Miriam Duncan WHEREAS, on January 15, 1908 Elsada Miriam Duncan was born to Charles Duncan and Grace-Ann Duncan in Brainerd, St. Mary, Jamaica, the seventh of their thirteen children; and WHEREAS, when Ms. Duncan was a young woman she moved to Kingston, Jamaica, where she spent her time as an entrepreneur who started her own merchandising dressmaking business; and WHEREAS, Ms. Duncan and Charles McLaughlin were blessed with one daughter on June 19, 1940; and WHEREAS, Ms. Duncan was appointed as an Evangelist in 1965; and WHEREAS, Ms. Duncan is blessed with four grandchildren, and eight great-grandchildren; and WHEREAS, Ms. Duncan migrated to the United States with her family in 1993 at age 85 and lived in Stamford, Connecticut before moving to Alpharetta, Georgia in 1995 at age 87; and WHEREAS, Ms. Duncan will celebrate her 110th birthday on January 15, 2018; and WHEREAS, Ms. Duncan is the oldest living resident of the City of Milton, Georgia; and WHEREAS, Ms. Duncan is the oldest living Jamaican resident of the State of Georgia; and WHEREAS, the City of Milton is inspired by her long life and offer her sincere best wishes for continued good health, happiness, and an overflowing abundance of love a nd joy. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby proclaim January 15, 2018 Elsada Miriam Duncan Day. Given under our hand and seal of the City of Milton, Georgia on this 14th day of January, 2018. ________________________________ Joe Lockwood, Mayor TO: FROM: MILTON'lP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 23, 2018 Steven Krokoff, City Manager/) AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 60 "Vegetation" to Delete "Vegetation" and Replace with "Tree Canopy Conservation Ordinance" of the City Code of Ordinances. MEETING DATE: Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (41APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (-KYES () NO CITY ATTORNEY REVIEW REQUIRED: (,)'YES () NO APPROVAL BY CITY ATTORNEY. (•APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: -11 I LI) i LWZI 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us ME To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on January 22, 2018 for the February 5, 2018 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Amend Chapter 60 “Vegetation” to Delete “Vegetation” and Replace with “Tree Canopy Conservation Ordinance” of the City Code of Ordinances. _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The city retained the consulting services of Constance (Connie) Head, Technical Forestry Services and started meetings with a stakeholder committee in October 2016. The first draft was provided in May 2017 and was further customized by the community and staff review and input. A Public Information Meeting was held on October 18, 2017 prior to the Planning Commission meeting. The draft was presented to the Planning Commission on October 25, 2017 where it was unanimously recommended to move to council for review. The draft was presented to council at the Monday November 13, 2017 work session. The adoption of the Milton Tree Canopy Conservation Ordinance will amend Chapter 60 - “Vegetation”, by deleting. – “Vegetation”, and replace with – “Tree Canopy Conservation Ordinance” of the City code of ordinances. Funding and Fiscal Impact: None Alternatives: None Legal Review: Jarrard & Davis, LLP. (01-22-2018) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Tree Canopy Conservation Ordinance Ordinance to Amend the Ordinance STATE OF GEORGIA ORDINANCE ____ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 60 - “VEGETATION” TO DELETE - “VEGETATION” AND REPLACE WITH - “TREE CANOPY CONSERVATION ORDINANCE” OF THE CITY CODE OF ORDINANCES BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on February 5, 2018 6:00 p.m. as follows: SECTION 1. That the amendment of Chapter 60 of the City of Milton Code of Ordinances is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 5th day of February, 2018. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk City of Milton, Georgia Chapter 60 – Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page i Table of Contents ARTICLE I. IN GENERAL .......................................................................................... 1 1. Title ................................................................................................................................................... 1 2. Community Forest Vision and Goals ................................................................................................. 1 3. Purpose and Intent ........................................................................................................................... 1 4. Administrator .................................................................................................................................... 2 5. Applicability and Exemptions ............................................................................................................ 2 6. Tree Conservation Manual ................................................................................................................ 2 7. Definitions ......................................................................................................................................... 3 8. Protected Trees ................................................................................................................................. 9 9. Specimen Trees ............................................................................................................................... 10 10. Heritage Trees ............................................................................................................................. 11 11. City of Milton Tree Species List ................................................................................................... 13 12. City Tree Management ............................................................................................................... 14 13. Hazardous Trees on Private Property ......................................................................................... 14 14. Variances ..................................................................................................................................... 14 15. Appeals ........................................................................................................................................ 15 16. Inspections .................................................................................................................................. 16 17. Enforcement ............................................................................................................................... 17 18. Notice of Violation ...................................................................................................................... 17 19. Stop Work Order ......................................................................................................................... 18 20. Fines and Penalties ..................................................................................................................... 19 ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY ..........................................19 21. Tree Canopy Management ......................................................................................................... 19 22. Tree Canopy Priorities ................................................................................................................. 19 23. Tree Canopy Cover Requirements .............................................................................................. 20 24. Tree Removal Permit .................................................................................................................. 20 25. Tree Canopy Replacement .......................................................................................................... 23 ARTICLE III. TREE CANOPY ON UNDEVELOPED PROPERTY ....................................25 26. Tree Canopy Management ......................................................................................................... 25 27. Tree Canopy Priorities ................................................................................................................. 25 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page ii 28. Tree Canopy Plan ........................................................................................................................ 25 29. Tree Canopy Cover Requirements .............................................................................................. 29 30. Required Tree Locations ............................................................................................................. 33 31. Topped Trees .............................................................................................................................. 37 32. Minimum Landscape and Maintenance Requirements .............................................................. 37 33. Landscape Performance Bond .................................................................................................... 38 34. Certificate of Occupancy and Final Plat Approval ....................................................................... 39 35. Alternative Compliance ............................................................................................................... 39 36. Tree Canopy Fund ....................................................................................................................... 41 37. Timber Harvesting ....................................................................................................................... 41 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 1 ARTICLE I. IN GENERAL 1. Title 1.1. This chapter shall be known as the Tree Conservation Ordinance of the City of Milton, Georgia or the “tree ordinance”. 2. Community Forest Vision and Goals 2.1. The City of Milton’s natural and extensive tree canopy provides significant benefits and irreplaceable value to our quality of life. 2.2. The city is committed to managing its community forest to continually improve the quantity and quality of its vital green infrastructure. 2.3. It is the goal of the city to maintain no net loss of tree canopy cover below the 57 percent existing as of March 2017, and to further achieve an average of 60 percent tree canopy cover across the city by 2033. 2.4. The city aims to measure average tree canopy cover across the city every 5 years using the latest GIS technology and use the results to evaluate the effectiveness of the tree ordinance and other tree management programs and policies in achieving the city’s tree canopy goals. 3. Purpose and Intent 3.1. The purposes of the tree ordinance are to: a. Create a living and working environment for Milton’s citizens and visitors that is attractive, healthy and safe; b. Manage and utilize trees for the economic, environmental, and social functions and benefits they provide; and, c. Provide a framework for accomplishing the goals and objectives in the City’s comprehensive plan and other community, environmental and conservation ordinances, plans and policies. 3.2. The intent of this ordinance is to: a. Promote human, environmental and economic health within the community; b. Promote shared responsibility by all property owners to contribute to tree canopy cover; and, c. Establish the minimum amount of regulations that will achieve the vision and goals of the city and produce the desired outcomes. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 2 4. Administrator 4.1. The director of the community development department or his/her designated agent(s) shall be the administrator of the tree ordinance. 4.2. The city arborist shall be the primary agent responsible for the administration of the tree ordinance for the administrator. 5. Applicability and Exemptions 5.1. The terms and provision of the tree ordinance shall apply to: a. All real property within the City of Milton unless otherwise exempted herein; b. Any activity that requires the issuance of a land disturbance permit, building permit, demolition permit, right-of-way encroachment permit or tree removal permit; c. Any activity that requires a certificate of occupancy, minor plat approval, certificate of conceptual plan approval, or final plat approval; and, d. All protected trees. 5.2. The activities, properties and trees that are exempt from the requirements of the tree ordinance are: a. Removal of trees posing an imminent threat or under emergency conditions; b. Commercial tree nursery and tree farm operations; c. Trees directed to be removed by municipal, county, state or federal authorities pursuant to law; and, d. City trees removed or pruned by utility companies as part of routine vegetation management activities, except that all removal and pruning shall be done in accordance with the arboricultural standards set forth in the tree conservation manual. 5.3. A summary of tree ordinance applicability and exemptions is included in the Tree Conservation Manual. 6. Tree Conservation Manual 6.1. There is hereby adopted a Tree Conservation Manual that sets forth the required standards and procedures for all activities required by the tree ordinance. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 3 6.2. The tree conservation manual may be modified by the administrator as necessary to reduce outcomes contrary to the purpose and intent of the tree ordinance. 7. Definitions 7.1. All words used in the tree ordinance shall have their customary dictionary definitions except as specifically defined herein, or in the zoning regulations if not defined herein. 7.2. The words “shall” and “must” are mandatory, and the words “may” and “should” are permissive. a. Active tree protection. The active and ongoing planning, installation and monitoring of physical measures undertaken to protect a tree during land disturbance or alteration. b. Administrator. The Director of the City of Milton Community Development Department. c. Agent, designated or authorized. An individual or entity authorized by the administrator to assist in the administration and enforcement of the tree ordinance for the city; or, an individual or other entity authorized by a property owner to conduct development, construction, or arboricultural activities on their property. d. Agricultural land use. Use of a lot zoned AG-1 that is related to active farming, livestock, or ranching, including using land as pasture, an equestrian estate or horse farm, or in the production of crops, horticultural products, the keeping of livestock, including but not limited to poultry and hoofed animals such as cattle, horses, goats and sheep, for commercial purposes and the construction and maintenance of agricultural accessory buildings. e. Applicant. A property owner or his/her authorized agent(s) applying for a tree removal, development, or right-of-way encroachment permit for a tree or property, or seeking approval for a tree canopy, tree protection, or tree planting and maintenance plan, or seeking approval for a minor subdivision plat, certificate of conceptual plan approval, final plat approval or certificate of occupancy. f. Appraised tree value. The dollar value of a tree as determined by a certified arborist using methodology set forth in the latest edition of the Guide for Plant Appraisal developed by the Council of Tree and Landscape Appraisers City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 4 and published by the International Society of Arboriculture (www.isa- arbor.com). g. Buffer, state waters. An area along the course of any state waters required by city, state or federal regulations to be maintained in an undisturbed and natural condition. h. Buffer, zoning. As required by the zoning ordinance, a natural undisturbed portion of a lot, except for approved access and utility crossings, which is set aside to achieve a visual barrier between the use on the lot and adjacent properties and/or uses with natural vegetation or replanting of trees and shrubs if sparsely vegetated. i. Caliper. The diameter of the trunk of tree nursery stock or a newly planted tree measured at 6 inches above the ground line for trees with calipers 4 inches and smaller, and at 12 inches above the ground line for trees with calipers greater than 4 inches. j. Certified arborist. Professional who possesses the technical competence gained through experience and related training to provide for or supervise the management of trees and other woody plants in residential, commercial and public landscapes and whose level of training is certified by the International Society of Arboriculture. k. City. The City of Milton, Georgia. l. City arborist. The agent of the City of Milton assigned by the director of the community development department with the primary responsibilities of administration and enforcement of the tree ordinance. m. Clearcutting. A method of harvesting timber that results in the removal of all trees from all or a portion of a property. n. Commercial tree nursery or commercial tree farm. A property on which trees are grown and sold as wholesale or retail nursery stock by a business licensed by the City of Milton. o. Construction zone. The first 30 feet of the improved area adjacent to and extending out from buildings and other major structures, and the first 15 feet adjacent to and extending out from driveways, parking lots, other impervious surfaces and sanitary sewer systems (septic tanks and primary drainfields). p. Critical root zone (CRZ). For a conserved tree, the ground and soil area to a depth of 24 inches within the larger of either the dripline or a circular area with a radius extending out from the trunk 1.5 feet for every 1 inch of DBH; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 5 for a tree planted within the last 3 years, the ground and soil area to a depth of 24 inches within the larger of the open soil surface area required by the tree, 1.5 feet for every 1 inch in DBH, or the area within the dripline. q. Crown. The entirety of a tree’s scaffold limbs, branches and leaves. r. DBH. The diameter at breast height (4.5 feet above the ground line) of the trunk of an existing tree, calculated by dividing the circumference of the trunk by 3.14. s. Developed property. A property on which improvements currently exist and for which a certificate of occupancy has been issued. t. Development permit. A land disturbance permit, building permit, demolition permit, minor plat approval, conceptual plan approval or other permit or approval issued by the community development department authorizing the commencement of the disturbance, alteration, improvement or development of a given tract of land. u. Dripline. The vertical line extending from the outermost edges of a tree’s branches to the ground, that forms, more or less, a circle on the ground centered on the tree’s trunk. v. Establishment period. For a newly planted tree, the time from planting until the beginning of the fourth growing season on-site. w. Existing tree. An established tree growing on-site for at least 3 complete growing seasons. x. Forested area. An area at least 50 feet wide in any one dimension and at least 2,500 square feet in total area consisting of at least 5 trees with 75 percent tree canopy cover. y. Growing season. March 1 to November 30. z. Hazardous tree. A tree that is likely to fail wholly or in part, under normal environmental conditions as determined by a certified arborist. aa. Healthy tree. A tree with a live crown ratio greater than 30 percent, less than 50 percent crown dieback, no major structural defects, a life expectancy of 15 years or greater, and free from signs or symptoms of irreversible decline, severe insect or disease infestation, severe chlorosis, or other life- threatening conditions. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 6 bb. Heritage tree(s). A tree or tree group that is designated by the administrator to be of notable community interest because of its outstanding age or size, landmark recognition or historical association. cc. Improved area. The area within 60 feet of and including the footprint of a building, pool, or other major structure, within 30 feet of and including a road, driveway, parking area, walkway, patio and other allowable impervious surface, and within 15 feet of and including the footprint of the sanitary sewer system (septic lines, tank and primary drainfield) proposed for a lot. dd. Land disturbing activity. Any activity which may result in soil erosion from water or wind and movement of sediments into state water or onto lands within the state, including, but not limited to clearing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural practices as set forth in the City of Milton Soil Erosion and Sedimentation Control Ordinance. ee. Landscape strip. An area required by the tree ordinance, the City of Milton zoning resolution or any condition of zoning, use permit or variance approval, which is reserved for the installation and/or maintenance of plant materials. ff. Live crown ratio. The percentage of the total height of a tree that is occupied by the tree’s live crown. gg. Lot. The basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. hh. Open soil surface area. The square foot area of the ground surrounding a planted tree that is required to remain permeable and open, covered only by a layer of mulch; the size of the area required varies by the mature height class of the tree being planted. ii. Passive tree protection. The ongoing avoidance of activities harmful to a tree, as further described in the tree ordinance, within the tree protection zone. jj. Planted tree. A tree that has been planted within the last 3 years and has not yet completed 3 growing seasons on-site. kk. Planting season. December 1 to March 1. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 7 ll. Priority area. An area on a lot where tree canopy cover is considered a priority over other areas due to the functions and benefits tree cover provides in that location. mm. Priority tree. A specimen or heritage tree. nn. Property. An area of land composed of less than one lot, or of accumulations of one or more lots, or parts thereof. oo. Protected tree. Any tree growing on city property, any tree 6 inches DBH or greater growing on developed property, any tree conserved or planted to meet tree ordinance requirements, any tree 2 inches DBH or greater growing on undeveloped property, any specimen tree, and any heritage tree. pp. Remediation plan. A plan that may be required by the city arborist from a property owner or his/her authorized agent after a written notice of violation or stop work order has been issued for the property describing how the conditions of violation of the tree ordinance shall be remedied in accordance with the city arborist’s requirements and the conditions stated on the notice, order, or other pertinent documentation. qq. Scaffold limbs. The large limbs branching off from the main trunk that form the basic structure of the tree’s crown and support the remaining branches and leaves. rr. Soil compaction. A change in soil physical properties which includes an increase in soil weight per unit volume and a decrease in soil pore space caused by repeated vibrations or frequent traffic and weight that can result in physical root damage, reduced root penetration, a decrease in soil oxygen levels and an increase in toxic gases. ss. Specimen tree(s). A tree or contiguous stand of trees of special value to the community due to its quality, size, or species, and meeting general and specific criteria as set forth in the tree ordinance, as determined by the city arborist. tt. Standard tree canopy cover credit. The square feet of tree canopy cover assigned to each of the tree canopy size classes, as set forth herein and in the tree species list. uu. Street tree. A tree located within a road frontage that is conserved or planted for the purpose of providing tree canopy cover over the public street right-of-way. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 8 vv. Thinning. Selective cutting of trees for timber products with the remaining trees more or less evenly distributed across a property. ww. Timber harvesting. The felling of trees for timber products (pulpwood, sawtimber, etc.) as part of ongoing forest management practices, by thinning or clearcutting. xx. Topping. The improper practice of the severe cutting back of limbs to stubs larger than 2 inches in diameter within the tree’s crown to such a degree that the tree canopy is removed or the crown shape typical of the species is disfigured, resulting in decay of the scaffold limbs or trunk and/or decline in main branch and sprout production. yy. Tree. A self-supporting woody perennial plant with the potential to reach a minimum DBH of 3 inches and height of 15 feet at maturity under natural conditions. zz. Tree bank. A site registered with the city on city or private property with at least 8,000 square feet of open space where growing conditions are favorable for the establishment of trees, and on which trees may be planted to satisfy tree replacement or minimum tree canopy cover requirements for another property. aaa. Tree canopy cover. The cover provided by tree crowns over the ground surface, either individually or as a group; also, a measure of the percent of a lot covered by all tree canopy, calculated by dividing the total area of tree canopy cover by the total area of the lot, and multiplying by 100. bbb. Tree canopy fund. A revenue account established by the city for receiving payments in lieu of meeting tree canopy cover requirements, donations, fees, and fines, and used by the city for the purchase, planting, and maintenance of trees on city property and community forest management activities. ccc. Tree canopy plan. A site plan showing how tree canopy cover requirements will be met on a lot, which trees will be conserved, how they will be protected, which new trees will be planted and where, and how they will be maintained. ddd. Tree canopy size, tree canopy size class. The amount of tree canopy cover a tree can be expected to provide at maturity under urban conditions, as determined by the species and categorized in the tree species list into four (4) size classes: very wide (1,600 square feet); wide (900 square feet); narrow (400 square feet); and, very narrow (150 square feet). City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 9 eee. Tree canopy value. The dollar value of 100 square feet of tree canopy cover as set forth in the city’s fee schedule, and used for calculating payments into the tree canopy fund. fff. Tree conservation manual. A supplement to the tree ordinance containing standards and procedures required for tree ordinance compliance. ggg. Tree height class. The typical total height of a tree at maturity under urban conditions, as determined by the species and categorized in the tree species list into three (3) classes: large (greater than 50 feet tall); medium (25 to 50 feet tall); and, small (less than 25 feet tall). hhh. Tree ordinance. Chapter 60 – Vegetation of the City of Milton municipal code of ordinances. iii. Tree protection zone (TPZ). The tree protection zone includes the critical root zone of a tree, the tree’s trunk and the entirety of the tree’s crown. jjj. Tree removal permit. A permit required before a protected tree can be removed, destroyed or irreparably damaged. kkk. Tree species list. The City of Milton Tree Species List, which is located in the tree conservation manual and contains the tree species approved, and not approved, for conservation and planting to satisfy tree replacement or tree canopy cover requirements. lll. Undeveloped property. A lot on which no improvements currently exist and for which no certificate of occupancy has been issued. mmm. Unhealthy tree. A tree with major structural defects, a live crown ratio less than 30 percent or 50 percent or more crown dieback, or a tree exhibiting signs or symptoms of irreversible decline, severe mistletoe infection, severe insect or disease infestation that cannot be practically controlled, or severe chlorosis, as determined by a certified arborist. 8. Protected Trees 8.1. There is hereby established a category of trees that shall be known as protected trees as defined herein. 8.2. Protected trees shall only be removed after the issuance of a tree removal permit or approval of a tree canopy plan. 8.3. Protected trees shall be passively protected throughout their lives as set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 10 9. Specimen Trees 9.1. A tree or tree stand shall be considered specimen if, as determined by the city arborist, it meets all the general criteria and at least one of the specific criteria as set forth herein. 9.2. An individual specimen tree must meet all the following general criteria: a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist; b. Crown size and shape typical of the species without significant dieback or disfiguration; c. Relatively sound and solid trunk with no more than one-quarter of the trunk circumference affected by wounds, cankers, decay or cavities, and with a column of decay in the center of the trunk encompassing no more than two- thirds of the trunk area; d. No major insect or disease problems; and, e. Free from severe mistletoe infestation causing irreversible tree decline. 9.3. An individual specimen tree must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. Hardwood and softwood trees, except for pine species (Pinus spp.) with a minimum DBH of 24 inches for a tree in the large height class, 18 inches for a tree in the medium height class, and a minimum DBH of 8 inches for a tree in the small height class; b. Pine trees (Pinus spp.) with a minimum DBH of 27 inches; c. Rare or unusual species, shape or form; or, d. A tree specifically used by a builder, developer or design professional as a focal point in the landscape. 9.4. A specimen tree stand must be primarily composed of healthy trees, with no major insect or disease problems within the stand and must meet at least one of the following specific criteria: a. A relatively mature, even-aged stand; b. A stand with purity of species composition or of a rare or unusual nature; c. A stand of historical significance; d. A stand with exceptional aesthetic quality; or, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 11 e. A stand on a lot which is otherwise devoid of trees. 9.5. The city arborist shall make the determination of whether a tree or tree stand meets the criteria for specimen tree designation. 9.6. If removal of a specimen tree is approved, replacement requirements shall be as set forth in Section 25 of the tree ordinance. 9.7. When development is proposed for a lot, individual and stands of specimen trees shall be identified during the site survey process and documented on the tree canopy plan. 9.8. Special consideration shall be made to work around specimen trees and protect them. 9.9. Cost effective options for site, building, utility placement and hardscape and landscape designs that successfully conserve specimen trees are strongly encouraged. 9.10. All specimen trees successfully conserved and protected to meet tree canopy cover requirements shall be given 10 percent additional tree canopy cover credit over the actual or standard credit. 10. Heritage Trees 10.1. A tree or tree group shall be designated as heritage if it meets the criteria set forth herein, as determined by the administrator. 10.2. The administrator shall review heritage tree nominations and shall have the authority to designate trees as heritage. 10.3. Trees may be nominated for heritage tree status by either the tree owner or the city arborist by submitting a heritage tree nomination form to the community development department. 10.4. Within 15 business days after the submittal of a completed nomination form by a property owner to the community development department, the city arborist shall provide the administrator with a recommendation on whether the nominated tree or tree group should be designated as heritage. 10.5. For a tree or tree group to be designated as heritage, it must meet all the general criteria and at least one of the specific criteria set forth herein and as determined by the administrator. 10.6. A heritage tree or tree group must meet all the following general criteria: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 12 a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist. b. Crown size and shape typical of the species without significant defects, dieback or disfiguration. c. Relatively sound and solid trunk with no more than one-quarter of the trunk circumference affected by wounds, cankers, decay or cavities, and with a column of decay in the center of the trunk encompassing no more than two- thirds of the trunk area. d. No major insect or disease problems. e. Free from severe mistletoe infestation causing irreversible tree decline. 10.7. A heritage tree or tree group must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. State or county champion tree, as determined by the Georgia Forestry Commission (www.gfc.state.ga), or a tree that scores within 10 percent of the total score of a state or county champion tree of the same species using the scoring system described by the Georgia Forestry Commission. b. Documented age greater than 75 years old. c. An established and familiar feature or integral part of the community and its heritage and is recognized as such by the administrator. d. Designated by the Georgia Urban Forest Council (www.gufc.org) as a Landmark or Historic Tree. e. Documented historical significance. 10.8. When a tree removal permit application is submitted for a potential heritage tree or tree group, the city arborist shall inform the tree owner that the tree or tree group meets the criteria and will be nominated for heritage tree status before the tree removal permit is issued. 10.9. Only those trees listed on a tree removal permit application shall be eligible for heritage tree nomination by the city arborist. 10.1. Prior to the approval of a tree canopy plan for a lot that includes the proposed conservation or removal of a heritage tree or tree group, the city arborist shall inform the applicant that one or more trees on the lot meets heritage tree criteria and will be nominated for heritage tree status before the tree canopy plan is approved. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 13 10.2. Special consideration shall be made to work around heritage trees and protect them. 10.3. When development is proposed for a lot, heritage trees shall be identified during the site survey process and documented on the tree canopy plan. 10.4. Cost effective options for building, site, hardscape and landscape designs and utility placement that successfully conserve heritage trees are strongly encouraged. 10.5. The city arborist shall maintain a current list of designated heritage trees. 10.6. Heritage tree locations shall be recorded on the city’s GIS system. 10.7. All heritage trees successfully conserved and protected to meet tree canopy cover requirements shall be given 20 percent additional tree canopy cover credit over the actual or standard credit. 11. City of Milton Tree Species List 11.1. There is hereby adopted a City of Milton Tree Species List as set forth in the tree conservation manual that shall include species approved for conservation and planting to meet tree canopy cover requirements or replacement tree planting requirements. 11.2. The tree species list shall also include species not approved for tree conservation or planting to meet requirements that are invasive, have brittle or weak wood, poor structure or large thorns, are pest susceptible or are not well-suited to regional growing conditions. 11.3. Trees planted to satisfy tree canopy cover and tree replacement requirements of the tree ordinance shall be selected from the City of Milton Tree Species List. 11.4. A species of tree not on the City of Milton Tree Species List, or not approved for planting in a specific location, may be approved for planting by the city arborist if the species: a. Has a reasonable chance of success in the landscape; b. Is recommended by a certified arborist; c. Is not proposed for planting in large quantities; and, d. Has growth or habit characteristics that fit a specific need for the location. 11.5. Tree species not listed or approved by the city arborist for tree conservation or planting for the purpose of meeting tree canopy cover requirements shall not be eligible for tree canopy cover credit. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 14 12. City Tree Management 12.1. The city shall have the right to manage city trees, including planting, maintaining, pruning and removing trees within the rights-of-way of all city streets, roads, and highways, in parks, around city facilities, and on other city property as may be deemed necessary or desirable to achieve community forest goals. 12.2. It shall be unlawful and a violation of the tree ordinance to damage, destroy or remove any city tree, or engage in any prohibited activity listed in the tree protection standards within the critical root zone of a city tree, without a tree removal permit, right-of-way encroachment permit, or prior approval of the city arborist. 12.3. A tree protection plan submitted by the applicant and approved by the city arborist and a right-of-way encroachment permit issued by the department of public works shall be required prior to the commencement of any activity that is proposed on city property within the critical root zone of a city trees. 13. Hazardous Trees on Private Property 13.1. The city shall provide a written notice to the owner of any tree on private property that is in a hazardous condition and threatens public health, safety and welfare. 13.2. The written notice shall state the type of risk, the mitigation required and the time within which the mitigation shall occur. 13.3. Should the property owner fail to mitigate the risk within the stated time, the city may cause to have the risk mitigated and require the property owner to reimburse the city for the cost of such mitigation. 14. Variances 14.1. A person requesting a variance from the provisions of the tree ordinance shall do so in writing to the director of the community development department. 14.2. All variance requests shall be accompanied by a completed variance request application, a tree canopy plan or other documentation requested by the city arborist and a non-refundable filing fee in the amount set forth in the city’s current fee schedule. 14.3. The city arborist shall provide a recommendation on whether to approve the variance request to the board of zoning appeals. 14.4. The board of zoning appeals shall review the city arborist’s recommendation and decide on whether to approve the variance request. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 15 14.5. The board of zoning appeals may approve a variance to any provision of the tree ordinance where the unique natural features of the lot are such that application of these regulations would create an undue hardship to the property owner, and in other instances where an undue hardship is created for the property owner. 14.6. The following factors shall be considered in evaluating the variance request: a. Whether a literal enforcement of the tree ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; b. Whether the situation causing the undue hardship or practical difficulty is unique to the affected lot and is not self-imposed; c. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; d. Whether the variance will injure or be wholly compatible with the use and future or existing development of adjacent properties; e. Whether the increased development costs caused by conserving the tree create an undue hardship on the development of the lot; f. Whether there is any identified adverse effect of the alteration or conservation on erosion, soil moisture retention, flow of surface water, and drainage systems; g. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non-residential uses. h. The costs versus the benefits of relocating required utility service infrastructure and easements based on the conservation or alteration of protected trees; i. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; j. Whether the alteration adversely affects public health, safety and welfare; k. Whether the granting of the variance will be in harmony with the purpose and intent of the tree ordinance to the greatest degree reasonably possible. 15. Appeals 15.1. Any person aggrieved or adversely affected by any decision of the city arborist relating to the application of the tree ordinance may file an appeal within 30 days of the decision with the director of the community development department for relief or reconsideration. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 16 15.2. Any person aggrieved or adversely affected by any decision of the director of the community development department relating to the application of the tree ordinance may file an appeal within 30 days of the decision with the board of zoning appeals through the director of the community development department. 15.3. Appeals shall only be granted for errors of interpretation. 16. Inspections 16.1. The administrator or his/her agent(s) shall have the authority to conduct inspections as required by the tree ordinance, and periodically or as deemed necessary to monitor land disturbing activities, tree removal activities, or other permitted or non-permitted activities for compliance with the tree ordinance. 16.2. No person shall refuse entry or access to any authorized agent(s) of the city who requests entry for the purpose of inspection and who presents appropriate identification, nor shall any person obstruct, hamper or interfere with any such agent while in the process of carrying out his/her official duties. 16.3. The city arborist shall be the primary individual responsible for conducting site inspections and, at a minimum, shall make the following inspections: a. Prior to approval of a tree removal permit, right-of-way encroachment permit, tree canopy plan, tree protection plan, or tree planting and maintenance plan and prior to making a recommendation to the Planning Commission on a tree ordinance variance request for the purpose of assessing site and tree conditions; b. After permit or plan approval and after installation of tree protection measures required and before any land disturbance or right-of-way encroachment occurs to assess compliance with tree protection requirements; c. Prior to the issuance of a certificate of occupancy or final plat approval to assess compliance with the tree canopy plan and all tree ordinance requirements; and, d. One (1) and three (3) years after project completion and issuance of a certificate of occupancy or final plat approval to assess tree health and survival on properties with an approved tree canopy plan. 16.4. Additional site inspections may take place at any time before, during and/or after project completion to monitor compliance with applicable tree ordinance requirements. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 17 16.5. The city arborist shall document each inspection on a site inspection form. 16.6. The city arborist may also monitor tree canopy cover on a lot using the city’s geographic information system and current aerial photography for assessing ongoing compliance with tree canopy cover requirements, and shall maintain a record of such measurements. 17. Enforcement 17.1. It shall be the duty of the administrator and his/her agent(s) to enforce the tree ordinance. 17.2. The administrator or his/her agent(s) shall have the authority to modify, revoke, suspend, or void any development permit, right-of-way encroachment permit or tree removal permit and suspend all work on a property or any portion thereof if a violation occurs until it is determined that the property is in full compliance with the tree ordinance. 18. Notice of Violation 18.1. If, through inspection, it is determined that an applicant, his/her authorized agent(s), or other person or company has engaged in land disturbing or other prohibited activities which have resulted in the damage or removal of trees without a required permit or approval, or failed to comply with the terms and conditions of an approved tree removal permit or tree canopy plan, or is otherwise responsible for a violation of the tree ordinance, then a written notice of violation may be served upon the applicant, his/her authorized agent(s), and/or other person or company responsible for the land disturbance or prohibited activity. 18.2. The notice shall set forth the measures necessary to correct the violation and achieve compliance and shall state the time frame within which such measures must be completed. 18.3. If the applicant, his/her authorized agent(s), or the person or company otherwise responsible for the violation fails to correct the violation or comply with tree ordinance requirements within the time frame specified on the notice of violation, he/she shall be subject to a citation and may be subject to a stop work order, fines, and penalties pursuant to sections 19 and 20 of the tree ordinance. 18.4. Reinspection to assess compliance after a violation shall require a separate re- inspection fee as set forth in the city’s fee schedule. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 18 19. Stop Work Order 19.1. The administrator may require that work on any project that is in violation of the tree ordinance be immediately stopped to avoid further damage and until such time that the violation has been remedied to the satisfaction of the city arborist. 19.2. The issuance of a written or verbal notice of violation is not required prior to or in conjunction with the stop work order if the city arborist or city inspector determines that work must be stopped immediately to avoid further damage. 19.3. The stop work order shall: a. Be in writing; b. State specific violations; c. Be given to the applicant, property owner, the authorized agent(s) of either, or the person performing or responsible for the activity resulting in the violation; d. State the conditions under which work may be resumed; and, e. Allow only erosion control work to continue while the stop work order is in effect. 19.4. Where an emergency exists, a verbal order to stop work by the administrator or his/her agent(s) shall be given, with issuance of a written order required within 24 hours. 19.5. The city arborist may require that a revised tree canopy plan or separate remediation plan be submitted for approval before remediation or any other work commences on-site. 19.6. The following violations shall result in issuance of an emergency, verbal stop work order: a. Land disturbing or tree removal within state water buffer or zoning buffer; b. Land disturbance within the critical root zone of protected trees or removal of trees designated for conservation on an approved tree canopy plan; c. Non-permitted protected tree removal, land disturbance, or prohibited activities within the critical root zone of a specimen or heritage tree; or, d. Improper installation or maintenance of required tree protection measures. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 19 20. Fines and Penalties 20.1. Fines and penalties shall be assessed for citations, according to the following criteria: a. Any person who violates any provisions of the tree ordinance may be fined up to $1,000 per tree; b. Each calendar day a violation exists shall be considered a separate offense; c. There are no maximum limitations to the accrual of fines; d. In the event a city tree is damaged or destroyed, the person responsible may be required to reimburse the city for the appraised tree value; e. The replacement of trees and additional tree canopy cover may be required in addition to other fines or penalties imposed; f. Offenses shall be tried in Milton Municipal Court; g. Each owner of property wherein a violation exists, or each owner of a boundary tree, shall be jointly responsible for said violation; and, h. Fines received for violations to the tree ordinance shall be deposited into the tree canopy fund. ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY 21. Tree Canopy Management 21.1. On developed properties, tree canopy cover shall be managed through establishing tree canopy priorities, tree canopy cover requirements and tree removal permitting and replacement requirements. 22. Tree Canopy Priorities 22.1. Priority areas on developed properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages; c. Turf areas; d. Required yards; e. Landscape strips and landscape islands; and, f. Buffers. 22.2. Priority trees for conservation shall be specimen and heritage trees. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 20 23. Tree Canopy Cover Requirements 23.1. The minimum amount of tree canopy cover required on a developed lot, in the absence of further development, shall be the amount existing as of the date of adoption of the tree ordinance. 23.2. When an application for a land disturbance, building or demolition permit for additional improvements to a developed lot that will affect, in any way, the existing tree canopy cover on the lot, or when an application for minor plat approval or conceptual plan approval is submitted for a lot previously developed, the amount of tree canopy cover required shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance, and a tree canopy plan shall be required. 24. Tree Removal Permit 24.1. On a developed lot that is not undergoing further development or improvement, a tree removal permit is required prior to the removal of any protected tree or before any protected tree is irreparably damaged or destroyed, resulting in the need for its removal. 24.2. The removal of a protected tree without a tree removal permit shall constitute a violation of the tree ordinance and may result in a citation and fine for the tree owner and any person involved in cutting, removing or damaging the tree. 24.3. Application for a tree removal permit shall be made by the tree owner or his/her authorized agent, to the community development department. 24.4. A tree removal permit shall not be required for the removal of city trees by the city or its authorized agent(s). 24.5. A tree removal permit is not required to remove a tree causing imminent threat to people, property or public health, safety and welfare or under emergency conditions. 24.6. A tree removal permit is required for the removal of a dead, unhealthy or invasive tree. 24.7. A tree removal permit application fee shall be required, except for an application for the removal of a dead, unhealthy or invasive tree. 24.8. The city arborist shall make a site visit to inspect the trees proposed for removal within 10 days of the date of application and prior to approving or denying the tree removal permit application to: a. Verify the information contained in the application; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 21 b. Verify the amount of tree canopy cover proposed for removal; c. Determine replacement requirements; and, d. Evaluate other conditions on the lot that may affect the city arborist’s decision to approve or deny the tree removal permit application. 24.9. A tree removal permit shall be approved if one or more of the following conditions are met, as determined by the city arborist, or a written report from a certified arborist: a. Tree is dead, unhealthy, or invasive; b. Tree is in irreversible decline or at the end of its normal life span; c. Tree is infested with an insect or disease that has compromised the tree’s health and survival, or may harbor an insect or disease organism that threatens surrounding trees; d. Tree is at risk for whole or partial tree failure; e. An unresolvable conflict exists between the tree and overhead utility lines, underground utility lines, utility infrastructure, sidewalks, walkways, other paved surfaces, or an existing structure; f. Removal of the tree is necessary for sight, traffic, pedestrian, vehicle, traffic sign, or other safety-related clearance; g. Trunk wounds with decay exist that cover greater than 25 percent of the circumference of the trunk; h. Trunk cavity or central column of decay exists that is greater than two-thirds the diameter of the trunk at the point of the cavity; i. Structural defects exist in the scaffold limbs, where defect correction through pruning will result in removal of 50 percent or greater of the tree’s crown; j. Litter originating from the tree creates an unsafe condition or poses a hazard to public health, safety and welfare; or, k. Tree is located such that a desired use on a lot (construction, installation, or expansion of a building, pool, garden, or other site amenities) is not possible without the removal of the tree, except that every effort shall be made to place such structures or amenities where tree removal will not be required. 24.10. A tree removal permit may be approved under other unique conditions or extenuating circumstances by the city arborist. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 22 24.11. Conditions under which protected tree removal is not permitted include but are not limited to: a. Removal of trees in excess of the number of trees necessary for the reasons stated on the permit application; b. Tree health or structural issues have not been confirmed by the city arborist or a certified arborist; c. Tree removal is proposed for the purpose of sign installation, clearance or visibility, excluding traffic, directional, warning or information signs owned by any public or semi-public agency; d. For unwanted production of a normal amount of leaves, fruit, or other organic litter that does not create an unsafe condition or that is not a hazard to public health, safety and welfare; e. To reduce the amount of native tree canopy cover on the lot to install formal, non-native landscaping; f. To substantially increase the amount of turf on the lot without a specific purpose; and, g. To substantially increase the amount of impervious surface on the lot through paving, building construction, or other such impervious feature without an approved tree canopy plan. 24.12. The city arborist will take into consideration the amount of tree canopy cover existing on the lot at the time of application for a tree removal permit, the total square feet of tree canopy cover proposed for removal, and the number of tree removal permits approved for the lot within the last five (5) years. 24.13. When trees are removed on a lot without a tree removal permit under imminent threat or emergency conditions, the owner of such trees shall provide an oral or electronic notice via telephone, text or e-mail to the city arborist prior to or immediately after the removal. 24.14. Should the city arborist determine that an imminent threat or emergency removal was not warranted, an after-the-fact permit and fee shall be required in addition to replacement tree planting pursuant to Section 25 of the tree ordinance. 24.15. Replacement of the tree canopy removed, whether permitted or not permitted, shall be required pursuant to Section 25. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 23 25. Tree Canopy Replacement 25.1. The square feet of tree canopy cover provided by a protected tree that is approved for removal on a lot shall be replaced if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 25.2. The square feet of tree canopy cover provided by a protected tree that is topped on a developed commercial or non-residential lot shall be replaced on the lot regardless of whether the lot has the minimum tree canopy cover listed in Table 1. 25.3. Tree canopy replacement shall not be required after the approved removal of a dead, unhealthy, or invasive tree, a tree posing an imminent threat, or a tree removed under emergency conditions. 25.4. Tree canopy replacement shall not be required after the approved removal of trees on a AG-1 zoned lot greater than 1.5 acres that is intended for agricultural land use or use as an equestrian estate or horse farm as follows: a. A waiver of minimum tree canopy cover requirements shall be assigned to the lot if requested in writing by the property owner. b. If the lot is not used for agricultural use, an equestrian estate, or horse farm within 2 years after the approved removal of trees for such use then the waiver shall become invalid and the minimum tree canopy cover listed in Table 1 shall be required on the lot within 1 year after the issuance of a written notice of non-compliance by the city. c. Upon application for a development permit on a lot with a waiver of minimum tree canopy cover requirements: 25.4.c.1. The waiver shall become invalid; 25.4.c.2. Tree canopy cover requirements shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance; 25.4.c.3. A tree canopy plan shall be required showing how tree canopy cover requirements will be met on the lot; and, 25.4.c.4. No development permits shall be issued until a tree canopy plan is approved by the city arborist for the lot. 25.5. For specimen tree replacement, the square feet of tree canopy cover approved for removal, plus an additional 20 percent, shall be replaced on the lot if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 24 25.6. For heritage tree replacement, the square feet of tree canopy cover approved for removal, plus an additional 40 percent, shall be replaced on the lot if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 25.7. Protected trees approved for removal because they have excessive or hazardous litter or noxious fruiting habits, including specimen or heritage trees, shall require replacement of no more than one-half of the tree canopy cover approved for removal. 25.8. Replacement trees shall be a minimum of 2-inch caliper for non-specimen and non-heritage protected trees and 4-inch caliper for specimen or heritage trees at the time of planting. 25.9. When a protected tree is removed without a tree removal permit, two (2) times the standard tree canopy cover credit for the species for non-specimen and non- heritage protected trees, and four (4) times the canopy removed or standard tree canopy cover credit, whichever is greater, for specimen trees and eight (8) times the canopy removed or standard tree canopy cover credit, whichever is greater, for heritage trees, shall be replaced on the lot with 4-inch caliper trees regardless of whether the lot meets minimum tree canopy cover requirements. 25.10. For specimen and heritage tree removal and replacement on commercial and non-residential properties, an approved tree planting and maintenance plan as described in Section 27 shall be required prior to the approval of a tree removal permit. 25.11. A tree planting and maintenance plan shall be required for replacement of specimen and heritage trees on developed commercial and non-residential properties; the plan shall be drawn to scale and include the following: a. Location of lot boundaries; b. Trunk location, species, DBH, and actual tree canopy cover of specimen and heritage trees proposed for removal; c. Trunk location, species, caliper, and tree canopy cover credit for replacement trees proposed for planting; d. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of proposed pruning, timing of removal of staking, and timing of inspections; and, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 25 e. Contact information for the person responsible for monitoring compliance with the tree planting and maintenance plan. 25.12. All planting and maintenance activities for required replacement trees shall be completed in accordance with the standards set forth in the tree conservation manual. 25.13. Alternative compliance for tree replacement, as further described herein, may be recommended by the city arborist and approved by the administrator. 25.14. Replacement trees shall be passively protected throughout their lives. ARTICLE III. TREE CANOPY ON UNDEVELOPED PROPERTY 26. Tree Canopy Management 26.1. On undeveloped properties, tree canopy cover shall be managed through tree canopy cover requirements, and tree conservation and planting to meet those requirements. 27. Tree Canopy Priorities 27.1. Priority areas on undeveloped properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages: c. Parking lots; d. Landscape strips and landscape islands; and, e. Buffers. 27.2. Priority trees for conservation shall be specimen and heritage trees. 28. Tree Canopy Plan 28.1. An approved tree canopy plan shall be required as a condition of approval of any land disturbance, building, or demolition permit, minor subdivision plat or conceptual subdivision plan. 28.2. An approved tree canopy plan shall serve as an approved tree removal permit for the purposes of land development. 28.3. The tree canopy plan shall be certified by a certified arborist or registered forester. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 26 28.4. The tree canopy plan shall include a site survey, a tree protection plan for existing trees that will remain on a lot and a tree planting and maintenance plan for trees to be planted on the lot to meet tree canopy cover requirements, and shall include the following: a. A table summarizing how tree canopy requirements will be met with conserved and planted trees; b. Surveyed trunk location, DBH, species of all individually growing trees on the lot, with specimen and heritage trees identified; c. Location of tree groups and forested areas with description of primary species and average DBH; d. Trunk location, species, DBH, location of the critical root zone and square feet of tree canopy cover of individual trees proposed for conservation; e. Trunk location, species, and caliper of all trees proposed for planting; f. Outline of the improved area and construction zone; g. Location of all existing and proposed improvements, including buildings, driveways, walkways, other structures and impervious surfaces, and sanitary sewer systems; h. planting, staking and mulching; i. Location and type of all existing and proposed utilities; j. Location of storage and parking areas for soil, construction materials, personal vehicles and construction equipment; k. Location of equipment washout rea and equipment maintenance area outside of all tree protection zones and tree planting areas. l. Location of ingress and egress points and access roads for vehicles and construction equipment; m. Grade changes, areas of excavation and fill, location of retaining walls, and other changes to the existing grade that may affect the critical root zones of trees proposed for conservation; and, n. Name and contact information of property owner and primary authorized agent(s) responsible for tree canopy plan compliance. 28.5. The site survey shall be certified by a registered surveyor. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 27 28.6. A tree protection plan shall be required as part of the tree canopy plan when trees are proposed for conservation to meet tree canopy cover requirements and may be a separate plan or a part of the tree canopy plan. 28.7. A tree protection plan shall be required with an application for a right-of-way encroachment permit either related, or unrelated, to development, for any activity on city or private property that will encroach on the critical root zone of a city tree. 28.8. The tree protection plan shall be certified by a certified arborist or registered forester. 28.9. The city arborist shall be responsible for reviewing all tree protection plans and shall determine whether the tree protection plan complies with all applicable tree ordinance requirements. 28.10. For tree protection plans required for right-of-way encroachment permit applications, a tree protection plan review fee shall be required at the time of application in an amount set forth in the city’s fee schedule. 28.11. The tree protection plan shall include the following: a. Map of the lot delineating where disturbance activity will occur; b. Trunk location, species, and DBH of trees to be protected; c. Location of the limits of the critical root zones and tree protection fencing; d. Notations of all methods of tree protection to be used with descriptions of materials to be used; e. Illustrations and construction details for tree protection zone and tree protection fencing; f. Sign and text size, color, composition, and text of signage to be used in identifying the area as a tree protection zone; and, g. Name and contact information for the person responsible for monitoring and maintaining tree protection measures during construction. 28.12. A tree planting and maintenance plan shall be required as part of the tree canopy plan when trees are proposed for planting on a lot to meet tree canopy cover requirements, and for the planting of replacement trees for specimen and heritage trees approved for removal on developed commercial and non- residential properties. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 28 28.13. The tree planting and maintenance plan shall be certified by a certified arborist, registered forester, or registered landscape architect. 28.14. The city arborist shall be responsible for reviewing all tree planting and maintenance plans and shall determine whether the plan complies with all applicable tree ordinance requirements. 28.15. The tree planting and maintenance plan required with the tree canopy plan shall be drawn to scale and shall include the following: a. Location of lot boundaries. b. Trunk location, species, caliper of all trees proposed for planting on the lot to meet tree canopy cover requirements; c. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of proposed pruning, timing of removal of staking, and timing of inspections; and, d. Contact information for person responsible for monitoring compliance with the tree planting and maintenance plan. 28.16. The tree canopy plan, site survey, tree protection plan, and tree planting and maintenance plan may be combined onto a single plan if all required information can be clearly depicted 28.17. The city arborist shall be responsible for reviewing all tree canopy plans and shall decide whether the tree canopy plan shall be approved, denied, or approved with changes. 28.18. A tree canopy plan review application fee shall be required at the time of plan submittal in an amount set forth in the city’s fee schedule. 28.19. No tree damage or removal, or land disturbance shall take place on an undeveloped lot without an approved tree canopy plan showing how tree canopy cover requirements will be met. 28.20. Conformance with all aspects of an approved tree canopy plan, as determined by the city arborist, shall be required prior to the issuance of a certificate of occupancy or final plat approval. 28.21. All tree protection, planting and maintenance activities shall be completed in accordance with the standards set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 29 29. Tree Canopy Cover Requirements 29.1. Tree canopy cover shall be required on all undeveloped properties as a condition of development. 29.2. The amount of tree canopy cover required on a lot as a condition of development shall be the amount currently existing outside of the improved area and within the lot boundaries, or the minimum amount set forth in Table 1, whichever is greater, and shall include trees in required locations as described in Section 29. 29.3. The minimum amount of tree canopy cover required shall be based on the zoning district, and lot size for residential properties, and shall be as set forth in Table 1. Table 1. Minimum Tree Canopy Cover Required Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area AG-1 60% C-1 50% CBS 50% CS 50% CUP 60% H 30% MHP 60% MIX 40% NUP 60% O-I 40% R-1 60% R-2 60% R-2A 60% R-3 50% R-3A 50% R-4 50% R-4A 50% R5 40% R-5A 40% R-6 40% Suburban A 50% T2 60% T3 50% T4 30% City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 30 Table 1. Minimum Tree Canopy Cover Required Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area T4 - Open 30% T4P 30% T4R 30% T5 10% T5R 10% T6 10% TR 30% Residential lots less than 1 acre, regardless of zoning district 40% Residential lots less than 1/3 acre, regardless of zoning district 20% Residential lots greater than 1.5 acres with documented agricultural land use 0% Residential lots greater than 1.5 acres with 25 percent or less tree canopy cover for 10 years prior to development ½ tree canopy cover requirement for the zoning district Residential lots 5 acres and greater with greater than 25 percent tree canopy cover and less than 15 percent impervious surface cover The requirement for the zoning district less 5 percent Residential lots 5 acres and greater with greater than 25 percent tree canopy cover and less than 10 percent impervious surface cover The requirement for the zoning district less 10 percent 29.4. In subdivision developments, tree canopy cover requirements shall apply to both the entire development and to each lot within the development. 29.5. Residential lots that are greater than 1.5 acre and have had 25 percent tree canopy cover or less for at least 10 years prior to development shall have their minimum tree canopy cover requirement reduced by one-half, except that trees shall still be required in rural viewsheds, road frontages, parking lots, landscape strips and buffers as required by the tree ordinance and the zoning regulations. 29.6. Residential lots that are 5 acres or greater in size with greater than 25 percent tree canopy cover shall have their minimum tree canopy cover requirement reduced by 5 percent (for example, a requirement of 60 percent becomes 55 percent) if they also have less than 15 percent total impervious surface on the City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 31 lot, or by 10 percent (i.e., a requirement of 60 percent becomes 50 percent) if they also have less than 10 percent total impervious surface on the lot. 29.7. Residential lots that are greater than 1.5 acre shall be exempt from minimum tree canopy cover requirements if the proposed use is for an equestrian estate, horse farm or other agricultural land use, except that trees shall still be required in rural viewsheds, road frontages, parking lots, landscape strips and buffers as required by the tree ordinance and the zoning regulations. In such cases, a waiver of minimum tree canopy cover requirements shall be assigned to the lot. If the property is not used for agricultural use, an equestrian estate, or horse farm for any 2-year period after the issuance of a certificate of occupancy, then the waiver shall become invalid and the minimum tree canopy cover listed in Table 1 shall be established on the lot within 1 year after issuance of a written notice of non-compliance by the city. 29.8. Recompense for specimen trees approved for removal within the improved area shall be required at 120 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements. 29.9. Recompense for heritage trees approved for removal within the improved area shall be required at 140 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements. 29.10. Trees shall be conserved for tree canopy cover credit in accordance with the requirements that follow. a. All healthy trees outside of the improved area shall be conserved and protected from damage during construction. b. Trees outside of the construction zone, but within the remaining improved area, may be conserved for tree canopy cover credit if they can be successfully protected from damage during construction as determined by the city arborist. c. Trees shall be conserved to the greatest extent possible in priority areas to meet tree canopy cover requirements. d. Regardless of whether the lot meets minimum tree canopy cover requirements, trees shall be required, either conserved or planted, in rural viewsheds, road frontages, parking lots, landscape islands, landscape strips and buffers as set forth in the zoning regulations and Section 29 of the tree ordinance. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 32 e. Existing trees 2 inches DBH and greater, except for invasive species listed on the tree species list or otherwise known to be invasive, shall be eligible for tree canopy cover credit. f. Every effort should be made to conserve trees, especially pine trees, in groups or stands as the conservation of a single or few trees previously growing within a stand will predispose such trees to windthrow. g. Individual trees without overlapping crowns shall be given their actual tree canopy cover or the standard tree canopy cover credit for the species. h. Groups of 4 or less trees with overlapping crowns and less than 2,500 square feet of tree canopy cover shall be given the actual tree canopy cover credit for the group as a whole. i. Forested areas shall be given the actual tree canopy cover credit for the forested area as a whole. j. Individual trees within forested areas shall not individually or separately be given tree canopy cover credit. k. Forested areas shall remain in an undisturbed condition and turf, mowing, removal of the natural leaf litter, and clearing of underbrush other than invasive plants are prohibited within the limits of the forested area. l. No tree maintenance shall be required in forested areas, except for that necessary to maintain a healthy stand of trees. m. Forested areas dominated by non-native, invasive, and/or exotic plant species (kudzu, for example) shall not be eligible for tree canopy cover credit. n. A tree removal permit is required to remove a protected tree within a forested area. o. Trees conserved to meet tree canopy cover requirements shall be actively protected during construction and passively protected at all times. p. On commercial and other non-residential properties, specimen and heritage trees that have been conserved to satisfy tree canopy cover requirements shall be passively protected throughout their lives. q. Tree canopy cover credit shall be assigned to conserved individual trees and groups of trees as further set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 33 29.11. Tree Planting for Canopy Credit a. When tree conservation alone cannot satisfy the tree canopy cover and location requirements, the planting of additional trees shall be required. b. A standard amount of tree canopy cover credit shall be assigned to a planted tree based on its species and tree canopy size class as set forth in the tree species list located in the tree conservation manual. c. Trees planted to meet tree canopy cover requirements shall be passively protected at all times. 30. Required Tree Locations 30.1. Rural Viewsheds a. Where rural viewsheds are required in accordance with zoning regulations, the entire area encompassed by the rural viewshed shall be eligible for tree canopy cover credit. b. For minor subdivisions and individual undeveloped residential properties, the conservation of trees in a rural viewshed shall be eligible for a bonus of 20 percent additional square feet of tree canopy cover credit. For example, if the rural viewshed has 3,000 square feet of actual tree canopy cover, a bonus of 600 square feet will be added as a bonus for a total credit of 3,600 square feet. c. Individual conserved or planted trees within rural viewsheds shall not be given tree canopy cover credit individually or separately. d. No disturbance of the vegetation, including herbaceous plants, shrubs or vines, is allowed within forested areas conserved for rural viewsheds, except for the removal of Chinese privet (Ligustrum sinense), kudzu (Pueraria montana var. lobata), or English ivy (Hedera helix) and other invasive species with city arborist approval. e. Trees shall be planted at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist if the design meets the purpose and intent of the tree ordinance. 30.2. Road Frontages a. In all new developments, a minimum of 1 street tree per 30 linear feet shall be required along road frontages on private property to provide tree canopy over paved streets, sidewalks, and trails. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 34 b. Street tree requirements may be met with either conserved or planted trees. c. For planted street trees, the amount of available growing space above and below ground shall dictate which tree species may be planted as set forth in the tree conservation manual. d. Trees of the largest mature height and widest tree canopy size classes that match the available growing space within the road frontage shall be planted. e. Street trees shall be planted at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist if the design meets the purpose and intent of the tree ordinance. f. Street trees may be planted on the city street right-of-way if adequate growing space does not exist within the private property road frontage, but does exist within the city street right-of-way, if approved by both the city arborist and public works director. 30.3. Parking Lots a. Parking lot landscaping shall conform to requirements in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64- 238 – Parking lot landscaping, and to the requirements set forth herein. Where differences between the provisions exist, the more restrictive provisions shall prevail. b. All parking lots shall be required to have a minimum of 60 percent tree canopy cover. c. Trees shall be evenly distributed throughout the parking lot to maximize tree functions and benefits. d. There shall be a minimum of one (1) very wide or wide canopy tree for every 6 parking spaces. e. Trees in the very narrow tree canopy size class shall not be eligible for tree canopy cover credit in parking lots. f. At least 75 percent of the trees planted to meet parking lot tree canopy requirements shall be trees in the very wide or wide tree canopy size classes. g. No parking space shall be greater than 60 feet from the trunk of a tree. h. All trees planted within parking areas or otherwise surrounded by pavement shall have a minimum amount of open soil surface and rooting area in accordance with the standards set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 35 i. In parking lots and other paved areas where expanded rooting and water infiltration areas are created with permeable pavement, structural soils or suspended pavement, the minimum open soil surface area may be reduced up to 50 percent if permeable pavement is used or up to 30 percent if structural soils or suspended pavement are used. j. Light poles and trees shall not share parking lot landscape islands to eliminate the need for severe pruning of tree crowns as they mature. k. Stormwater runoff into parking lot landscape islands may be permitted upon approval by the city arborist if the design meets the intent and purpose of the tree ordinance. 30.4. Landscape Strips a. Landscape strips shall be required as set forth in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64-237 – Minimum landscape strips and buffers, zoning regulations and the requirements set forth herein; where differences between the provisions exist, the more restrictive provisions shall prevail. b. Trees within required landscape strips shall be provided as follows: 30.4.b.1. In landscape strips 25 feet wide or less, a minimum of one (1) tree for every 30 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist. 30.4.b.2. In landscape strips greater than 25 feet wide, a minimum of one (1) tree for every 20 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist. 30.4.b.3. Clumping is permitted to create a more natural-looking landscape. 30.4.b.4. All required landscape strips shall be designed with at least 60 percent tree canopy cover with no more than 40 percent cover in grass or ground cover. 30.4.b.5. All species within required landscape strips must be ecologically compatible with the growing site. 30.4.b.6. Trees in the very narrow or narrow tree canopy size class in the tree species list shall not be used to satisfy landscape strip requirements unless City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 36 adequate growing space does not exist for trees in the wide or very wide tree canopy size classes. 30.4.b.7. No permanent structures shall be permitted within landscape strips, including retaining walls, curbing, dumpsters, detention facilities, etc. 30.4.b.8. Monument signs, fences, drainage structures, or sidewalks may be permitted within landscape strips if it is determined by the city arborist that their placement is consistent with the purpose and intent of this ordinance. 30.4.b.9. Curb stops shall be used to prevent vehicle overhang into require landscape strips and parking lot landscape islands, with one curb stop per parking stall required. 30.4.b.10. Signs within required landscape strips shall be subject to the approval of the department of community development and may only be located in areas of turf or groundcover, and shall not conflict with the growing space designated for trees and shrubs. 30.4.b.11. The deposition of stormwater runoff into drainage swales through landscape strips is not permitted. Exceptions will be considered by the city arborist only if this standard will create an undue hardship to the property owner. Unless approved by the city arborist, the width of a drainage easement through a landscape strip shall not exceed the width of the strip. 30.4.b.12. When fencing is required as a condition of rezoning, the finished surface of the fence must face externally to the project. The exact location for fence placement within the landscape strip will be determined on a case by case basis by the city arborist and may be approved if the design meets the intent and purpose of the tree ordinance. 30.5. Buffers a. Buffers required pursuant to Chapter 64 – Zoning shall provide a visual and noise barrier and where sparsely vegetated or where disturbed for approved access and utility crossings, they must be replanted. b. Required buffers shall remain undisturbed and actively protected for the duration of the permitted use for the site. c. Buffers must be replanted where sparsely vegetated or where disturbed for approved access and utility crossings. d. Trees approved for planting in buffers shall be primarily slow growing evergreen trees selected from the tree species list and shall be subject to the City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 37 approval of the city arborist; up to 15 percent of the trees conserved or planted in buffers may be small height class hardwood trees approved for buffers as indicated on the tree species list. e. Trees shall be a minimum of five (5) feet in height at time of planting, with branching all the way to the ground required for evergreen trees. f. The number of planting rows for trees in buffers shall be determined by the buffer width, as set forth in Table 2. Table 2. Minimum Rows for Buffers by Width Buffer Width Minimum Planting Rows Less than 20 feet 2 rows 20 feet to 30 feet 3 rows 31 feet to 50 feet 4 rows Greater than 50 feet 4 plus 1 row for each additional 15 feet g. Drainage through buffers is subject to the approval of the administrator. h. Encroachment into buffers for the construction of retaining walls, footings, or wall supports is not permitted unless otherwise specified in the conditions of rezoning. Encroachments into buffer shall require zoning modifications or variances as applicable. i. All buffers require a 10-foot improvement setback interior to the buffer. j. No grading is allowed in the improvement setback unless permission is obtained from the administrator. k. Signs are not permitted within required undisturbed buffers. 31. Topped Trees 31.1. Trees that have been topped shall not be eligible for tree canopy cover credit. 31.2. On developed commercial and non-residential properties, the credit previously given to a protected tree as shown on an approved tree canopy plan that is subsequently topped shall be revoked and replacement tree canopy shall be required in an amount equal to the tree canopy credit assigned to the topped tree. 32. Minimum Landscape and Maintenance Requirements 32.1. Prior to the issuance of a certificate of occupancy or final plat approval, minimum landscape requirements shall be met that include the following: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 38 a. All exposed ground on a lot shall be covered with either turf, herbaceous plants, shrubs or trees; b. The planting of English ivy, Chinese privet, kudzu or other invasive species as a ground cover shall be prohibited; c. The critical root zone of all individually growing trees shall be mulched; d. Tree groups not within a forested area shall be mulched as a group; e. Forested areas shall be left undisturbed with the natural leaf litter layer on the surface remaining intact; and, f. Mulching shall conform to the standards set forth in the tree conservation manual. 32.2. After the issuance of a certificate of occupancy or final plat approval, minimum landscape maintenance shall include the requirements that follow. a. Protected trees that are approved for removal shall be replaced pursuant to Section 25. b. Trees required within rural viewsheds, road frontages, landscape islands, landscape strips and buffers shall be maintained in accordance with the standards set forth in the tree conservation manual. c. Trees planted to meet tree ordinance requirements shall be passively protected at all times. 33. Landscape Performance Bond 33.1. When the planting of trees and other required landscape plants cannot be completed during the planting season, a landscape performance bond shall be issued to the city. 33.2. The amount of the bond shall be equal to 125 percent of the total cost to purchase and install the trees and landscape plants based on the average of three (3) written estimates provided by the applicant. 33.3. The planting of trees and landscape plants covered by a landscape performance bond shall be completed within 1 year of the issuance of the bond. 33.4. If tree planting is not completed within 1 year of the issuance of the bond, the city may use the bond to plant the required trees and landscape plants on the lot, or off-site in a registered tree bank. 33.5. Upon the successful planting of all required trees and landscape plants by the applicant, the landscape performance bond shall be returned. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 39 34. Certificate of Occupancy and Final Plat Approval 34.1. A certificate of occupancy or final plat approval shall only be issued if all the following conditions have been met: a. Applicant meets all tree ordinance requirements. b. Lot conforms to all aspects of the tree canopy plan. c. All trees required to be planted by the tree canopy plan, tree planting and maintenance plan, remediation plan, City of Milton zoning ordinance, variance conditions or other conditions for a development permit or plan approval, have been installed on the lot or in a tree bank. d. Required payments have been made to the tree canopy fund. e. Any civil penalties or other monetary obligations assessed for violations of the tree ordinance have been paid. f. All replacement trees and tree canopy cover required due to violations of the tree ordinance have been installed. 34.2. A temporary certificate of occupancy may be granted by the administrator before all trees have been planted if a landscape performance bond has been issued to the city. 35. Alternative Compliance 35.1. Alternative compliance for a portion of the tree canopy cover required on a lot may be approved by the administrator pursuant to the provisions of this section. 35.2. Subdivision developments as a whole are not eligible to use alternative compliance; owners of individual properties within a subdivision development may be eligible to use alternative compliance. 35.3. Alternative compliance shall be either the planting of trees off-site in a registered tree bank in an amount equal to the proposed tree canopy cover deficit or replacement deficit, or a payment made by the applicant to the City of Milton Tree Canopy Fund for the tree canopy value of the deficit. 35.4. Planting trees off-site in a tree bank for a maximum of one-half (1/2) of the tree canopy cover requirement or tree replacement requirement may be approved. 35.5. The city shall maintain a list of registered tree bank sites, which may include open space on city property or on developed, private property. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 40 35.6. Owners of developed properties with at least 8,000 square feet of open space may apply to the city to have their open space registered as a tree bank under the conditions set forth in the tree conservation manual. 35.7. The use of the tree bank shall be approved by the administrator under the following conditions: a. The maximum amount of tree canopy cover possible on the lot is conserved and/or planted, as determined by the city arborist; and, b. A registered tree bank site is available with enough space to accommodate the trees and their required growing space. 35.8. Applicants wishing to plant trees off-site shall execute a letter of agreement directly with the registered tree bank owner that must include, at a minimum: a. Applicant’s name and contact information; b. Number of trees to be planted by species and caliper; c. Planting schedule including projected beginning date of planting and projected completion date of planting; d. Name and contact information for applicant’s agent who will be responsible for the planting of trees on the tree bank site; and, e. Commitment to maintain the property in the condition in which it was found prior to the planting operation. 35.9. Trees planted in tree banks shall meet all the same requirements as for trees planted on-site. 35.10. A tree planting and maintenance plan developed and submitted by the applicant shall be required. 35.11. The applicant shall be responsible for the planting of trees off-site in a tree bank. 35.12. The registered tree bank owner shall be responsible for the required maintenance and protection of tree bank trees. 35.13. The area planted or conserved as a tree bank shall remain covered by tree canopy in perpetuity, unless otherwise modified with the approval of the city arborist. 35.14. The removal of trees within a tree bank shall require a tree removal permit. 35.15. A payment to the tree canopy fund in lieu of the conservation or planting of tree canopy cover for a maximum of one-third (1/3) of the tree canopy cover City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 41 requirement or tree replacement requirement shall be approved by the administrator under the following conditions: a. The conservation or planting of the required tree canopy cover or replacement trees will eliminate the owner’s ability to utilize their lot for a specific, permitted use as described in writing by the property owner; and, b. No tree bank location is available for the planting of trees off-site. 35.16. Payments into the tree fund for tree canopy cover requirement deficit shall be calculated using the tree canopy value set forth in the city’s current fee schedule. 36. Tree Canopy Fund 36.1. There is hereby adopted a City of Milton Tree Canopy Fund to be established for the deposit of payments required by the tree ordinance or donated for other community forest management activities. 36.2. In addition to receiving payments for tree canopy cover requirement deficit, the tree canopy fund shall also receive as revenue: a. Donations for tree program activities; b. Fees for tree-related permits and plans review; and, c. Fines for violation of the tree ordinance. 36.3. Tree canopy funds may be expended for: a. The purchase, planting and maintenance of trees on city property; and, b. Community forestry management activities conducted by the city to sustain, increase and improve tree canopy cover. 37. Timber Harvesting 37.1. For lots greater than 2 acres, a timber harvesting notification shall be required and shall be submitted to the community development department before any timber harvesting may commence. 37.2. A 50-foot undisturbed buffer around the perimeter of a lot where timber harvesting will occur shall be required in all zoning districts. 37.3. The clearcutting of timber shall be allowed on AG-1 zoned land only. 37.4. Thinning shall be allowed in all zoning districts and land uses. 37.5. Except for AG-1 zoned properties, an approved tree canopy plan shall be required before timber harvesting may commence. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft 4.5 January 8, 2018 Page 42 37.6. No development permits shall be issued for a lot for a period of 5 years after the completion of timber harvesting operations unless a tree canopy plan has been submitted for the lot concurrent with the submittal of the timber harvesting notification. 37.7. When a tree canopy plan is required or voluntarily submitted for a lot on which clearcutting or thinning will occur, the following requirements shall apply: a. The tree canopy plan shall show the location of the required 50-foot undisturbed buffer, any state water buffers, areas to be clearcut, areas to be thinned, and all specimen and heritage trees; b. The lot must meet the tree canopy cover requirements for the zoning district for the entire lot upon completion of timber harvesting; and, c. The conservation of specimen trees and heritage trees shall be required, and all specimen and heritage trees conserved shall be actively protected during timber harvesting operations in accordance with the standards set forth in the tree conservation manual. 37.8. Stump removal or grading shall be prohibited as part of normal timber harvesting operations that are not related to development. 37.9. Clearcutting, thinning or land disturbance shall not be allowed within state water or wetland buffers. 37.10. Compliance with the soil erosion and sedimentation control ordinance is required. 37.11. All timber harvesting operations shall comply with the most current Georgia’s Best Management Practices for Forestry available from the local office of the Georgia Forestry Commission. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance Tree Conservation Manual Draft 4.5 January 8, 2018 City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page i TABLE OF CONTENTS 1. INTRODUCTION ....................................................................................................................... 1 2. TREE BENEFITS ......................................................................................................................... 1 3. TREE CANOPY COVER CALCULATION PROCEDURES ................................................................ 2 A. Assigning Tree Canopy Cover Credit .................................................................................... 2 B. Determining the Actual Tree Canopy Cover of Existing Trees ............................................. 2 C. Standard Canopy Cover Credit for Planted Trees ................................................................ 4 D. Calculating Tree Canopy Cover for a Site ............................................................................. 4 4. ARBORICULTURAL STANDARDS ............................................................................................... 5 A. Tree Protection Standards ................................................................................................... 5 Active Tree Protection .......................................................................................................................... 5 Prohibited Activities .............................................................................................................................. 5 Tree Protection Measures .................................................................................................................... 6 Tree Protection Signs ............................................................................................................................ 6 Passive Tree Protection ......................................................................................................................... 7 B. Tree Establishment Standards ............................................................................................. 7 Tree Height Class ................................................................................................................................... 7 Tree Placement Standards .................................................................................................................... 8 Species Selection Standards .................................................................................................................. 9 Tree Size and Quality Standards ........................................................................................................... 9 Soil Preparation Standards.................................................................................................................. 10 Tree Planting Standards ...................................................................................................................... 11 C. New Tree Maintenance Standards .................................................................................... 11 D. Established Tree Maintenance Standards ......................................................................... 12 Tree Pruning Standards ....................................................................................................................... 12 Mulching Standards ............................................................................................................................ 13 Fertilization Standards ........................................................................................................................ 13 Tree Supplemental Support System Standards .................................................................................. 14 Lightning Protection System Standards .............................................................................................. 14 E. Tree Removal Standards .................................................................................................... 14 City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page ii Appendix A. Applicability and Exemptions Summary Charts ...................................................... A1 Appendix B. Approved Tree Species List ...................................................................................... B1 Appendix C. Standard Applications, Checklists, Forms and Worksheets .................................... C1 Appendix D. Illustrations and Construction Details ..................................................................... D1 1. Calculating Actual Tree Canopy Cover ............................................................................... D2 2. Calculating Tree Canopy Cover Percent ............................................................................. D3 3. Critical Root Zone (Plan View) ........................................................................................... D5 4. Tree Mulching Detail – Newly Planted Tree ...................................................................... D6 5. Tree Mulching Detail – Conserved Tree ............................................................................ D7 6. Tree Protection Zone Detail ............................................................................................... D8 7. Tree Protection Fencing Detail .......................................................................................... D9 8. Tree Protection Area Sign Detail ...................................................................................... D10 9. Tree Planting Detail .......................................................................................................... D11 10. Tree Staking Detail .......................................................................................................... D12 City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 1 1. INTRODUCTION This Tree Conservation Manual is a supplement to the City of Milton’s Tree Canopy Conservation Ordinance and contains required administrative and arboricultural standards and procedures for tree ordinance implementation and compliance. The information in this tree conservation manual may be revised as necessary with the approval of the director of the community development department (the administrator of the tree ordinance) to reduce unintended outcomes and better meet the commun ity forest vision and goals, and the purposes and intent of the tree ordinance. 2. TREE BENEFITS Trees provide significant and irreplaceable functions and benefits to the citizens of Milton, to visitors to the city, and to businesses operating within the city. The purposes of the city’s Tree Canopy Conservation Ordinance and this Tree Conservation Manual are to increase and optimize the following functions and benefits of trees and tree canopy cover. Trees produce oxygen and absorb carbon dioxide, thereby reducing air pollution and improving air quality. Trees filter out dust, particulate matter, and airborne pollutants, thereby improving air quality. Trees intercept precipitation, thereby reducing stormwater runoff and improving water quality. Trees and the community forest ecosystem provide habitat for desirable wildlife and provide food and shelter for birds which in turn assist in control of insects. Trees reduce energy usage and air conditioning and heating costs by lowering air temperatures, providing shade and windbreaks, and through evapotranspiration of moisture from their leaves. Trees buffer different land uses to eliminate or minimize nuisances such as dust, noise, glare and signs, and provide privacy and screening of traffic, unsightly buildings and parking areas. Trees improve public health by reducing stress, encouraging exercise, calming traffic, decreasing illness recovery times, reducing crime and improving concentration. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 2 Trees attract residents, visitors and commerce to communities and increase the value and marketability of property. Trees beautify the city and protect and enhance the quality of life. 3. TREE CANOPY COVER CALCULATION PROCEDURES A. Assigning Tree Canopy Cover Credit Tree canopy cover credit is assigned to individual trees and groups of trees that are conserved based on their actual canopy cover, and to trees planted to satisfy tree replacement and minimum tree canopy cover requirements based on a standard tree canopy cover credit amount for the species. The standard tree canopy cover credit for each species is based on the mature tree canopy size class as listed in the tree species list and represents the minimum tree canopy size (spread) that a tree would be expected to attain at maturity under urban conditions. In cases where the actual tree canopy cover of a conserved tree is less than the standard tree canopy cover credit for the species, then the standard credit will be given to the conserved tree to provide an incentive to conserve younger and smaller trees. B. Determining the Actual Tree Canopy Cover of Existing Trees The amount of tree canopy cover assigned to an individually growing, existing tree with no significant part (less than 10 percent) of its crown overlapping another tree’s crown shall be the actual square feet of ground area within the tree’s dripline and within the property boundaries in addition to the canopy overhanging the public right-of-way, or the standard tree canopy cover credit for the species, whichever is greater. The ground area covered by the canopy of an individually growing tree can be calculated as the area of a circle with a radius equal to the average radius of the tree’s crown, as illustrated in Appendix D and further described here. The radius is the distance from the center of a circle (tree trunk) to the outer edge of the circle (dripline), and is one-half the distance of the diameter, which is measured from dripline-to-dripline through the center. To determine the average radius of a tree’s crown, first measure the diameter of the tree’s crown dripline-to-dripline in two (2) perpendicular directions, centered on the tree trunk. Measure the widest dripline-to-dripline diameter first, and then measure the diameter in the perpendicular City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 3 direction. Add these two measurements and divide by 2 to get the average diameter. Divide by 2 again to get the average radius. Use Table A to determine the canopy area of the tree in square feet, which has been calculated using the average radius in feet and the standard formula for calculating the area of a circle. Table A. Canopy Area of Individually Growing Trees by Average Radius AVG RADIUS (feet) CANOPY AREA (square feet) AVG RADIUS (feet) CANOPY AREA (square feet) AVG RADIUS (feet) CANOPY AREA (square feet) 1 3 21 1,385 41 5,278 2 13 22 1,520 42 5,539 3 28 23 1,661 43 5,806 4 50 24 1,809 44 6,079 5 79 25 1,963 45 6,359 6 113 26 2,123 46 6,644 7 154 27 2,289 47 6,936 8 201 28 2,462 48 7,235 9 254 29 2,641 49 7,539 10 314 30 2,826 50 7,850 11 380 31 3,018 51 8,167 12 452 32 3,215 52 8,491 13 531 33 3,419 53 8,820 14 615 34 3,630 54 9,156 15 707 35 3,847 55 9,499 16 804 36 4,069 56 9,847 17 907 37 4,299 57 10,202 18 1,017 38 4,534 58 10,563 19 1,134 39 4,776 59 10,930 20 1,256 40 5,024 60 11,304 For forested areas and groups of existing trees with overlapping crowns, the amount of tree canopy cover assigned to the group shall be the actual square feet of ground area within the outer perimeter of the combined driplines of all trees within the group. This area can be measured using one of the following methods: On the ground by a surveyor, the city arborist, a certified arborist or other qualified individual; or, City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 4 Online using the most current aerial photography and an area measuring tool, either on the Fulton County geographic information system or another such geographic information system. The amount of tree canopy cover credited to a required rural viewshed shall be as described for a forested area. C. Standard Canopy Cover Credit for Planted Trees For planted trees, the amount of tree canopy cover credited to each newly planted tree has been standardized based on the typical crown spread (crown diameter) range of the species at maturity under urban conditions, as listed in Table B, and in the tree species list in the columns titled “Tree Canopy Size Class” and “Standard Tree Canopy Cover Credit”. Table B. Standard Tree Canopy Cover Credit by Mature Tree Size Mature Tree Canopy Size Class Standard Tree Canopy Cover Credit (square feet) Very Wide (> 35-foot spread) 1,600 Wide (25- to 35-foot spread) 900 Narrow (15- to 25-foot spread) 400 Very Narrow (< 15-foot spread) 150 D. Calculating Tree Canopy Cover for a Site The percent tree canopy cover of a site or lot shall be the total tree canopy cover within the boundaries of the site or lot in square feet divided by the total site or lot area in square feet and multiplied by 100 to get percent tree canopy cover. An illustration of calculating tree canopy cover for a sample site is located in Appendix D. Examples of Tree Canopy Cover Calculations A 10,000-square foot lot with a total of 5,000 square feet of tree canopy would have 50% tree canopy cover (5,000/10,000 = .50, x 100 = 50%). A 20,000-square foot lot with a total of 8,000 square feet of tree canopy would have 40 percent tree canopy cover (8,000/20,000 = .40, x 100 = 40%). A 1-acre lot (43,560 square feet) covered with a total of 28,000 square feet of tree canopy would have 64 percent tree canopy cover (28,000/43,560 = .64, x 100 = 64%). City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 5 4. ARBORICULTURAL STANDARDS All tree care operations regulated by the tree ordinance, including tree protection, tree establishment, new tree maintenance, established tree maintenance and tree removal shall be completed in accordance with: The technical standards set forth in the tree ordinance and tree conservation manual; The most current ANSI A300 Standards for Tree Care Operations and Z133.1 Safety Standards and ISA best management practices available from the International Society of Arboriculture (www.isa-arbor.com); and, Z60.1 Standard for Nursery Stock available from AmericanHort at www.americanhort.org. A copy of the most current ANSI A300 Standards for Tree Care Operations, Z133.1 Safety Standards, ISA best management practices, and Z60.1 Standard for Nursery Stock are available for review at the community development department. In addition, illustrations and construction details for some of the tree care activities described in these standards are included in Appendix D. A. Tree Protection Standards Active Tree Protection Active tree protection shall include the avoidance of harmful and prohibited activities within the tree protection zone and the installation of tree protection measures, including physical barriers to delineate and identify the tree protection zone or protect the tree trunk. Prohibited Activities Within the tree protection zone, the following activities and conditions, and any other activities and conditions harmful to a tree’s roots, trunk or crown, shall be prohibited : Vehicle or equipment traffic, parking, or storage; Materials or supplies storage; Placement of temporary or permanent structures; Equipment maintenance or washout; Wounding of trunk; City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 6 Wounding or breakage of scaffold limbs or branches larger than 3 inches in diameter; Topping or other improper pruning, such as stub cuts or flush cuts; and, Fires or excessive heat from equipment exhaust pipes. Site or lot clearing or grubbing; Soil excavation, cuts, fill, grading, trenching or tilling; Edging around mulch and landscape beds; Soil compaction; Top dressing with soil greater than 2 inches in depth; and, Paving. With city arborist approval, some prohibited activities may take place on one side of the tree in the outer one-half of the critical root zone, but in no case closer than 3 feet to the trunk of a planted tree and 10 feet to the trunk of a conserved tree. Tree Protection Measures Orange polyethylene barrier fencing shall be installed prior to any land development or land disturbance activity around each individual conserved tree, tree group or forested area at the location of the critical root zone and shall remain in place until construction activities have been completed. Tree protection fencing shall be installed in accordance with the construction details provided herein. When equipment movement is such that damage to tree trunks may be possible, then tree trunks shall be wrapped vertically with a single layer of 2-inch by 4-inch lumber spaced a maximum of 12 inches apart, and covered with corrugated cardboard secured with strapping; the wrapping shall remain on the tree throughout the period of potential damage. Low hanging limbs that may be damaged by equipment traffic or other construction activities shall be pruned prior to the commencement of any land development or land disturbance activity in accordance with the pruning standards set forth herein. Tree Protection Signs Prior to any land development or land disturbance activity and after tree protection fencing is installed, tree protection area signs shall be installed. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 7 Signs shall be installed along the perimeter of all tree protection zones at least every 50 feet and shall include, at a minimum, the following text: “Tree Protection Area, Entry Prohibited, No Construction Activity, Materials or Equipment Storage, Equipment Washout, or Vehicle Traffic Allowed”. The sign shall be fabricated out of a sturdy material, shall be at least 18 inches wide by 24 inches high, and shall be placed on a sturdy post with the bottom of the sign at a mini mum height of 30 inches above the ground. The signs must remain present at all times during construction. Passive Tree Protection Passive tree protection shall be required throughout the life of a specimen or heritage tree and shall require, at a minimum, the avoidance of all prohibited activities described herein within the tree protection zone. In addition, no person shall fasten or attach to any specimen or heritage tree any: Sign, poster, bill, notice or advertisement of any kind; Nails, boards, wire, strap, rope, chain or other such material that could damage the tree’s bark or girdle the trunk or scaffold limbs; or, Materials or structures that impede the normal growth or biological processes of the tree. No brine, oil, gasoline, paint or concrete washout, herbicides or other substances deleterious to tree health and survival shall be permitted to lie, leak, pour, flow or drip on or into the soil within the critical root zone of a specimen or heritage tree. B. Tree Establishment Standards Trees planted to satisfy tree replacement and minimum tree canopy cover requirements shall be established in accordance with the standards set forth herein. Tree establishment involves a series of steps that includes selecting the proper place for a tree, species selection, selecting an appropriate sized tree and a good quality tree, soil preparation, tree planting, and new tree maintenance. Tree Height Class The tree species list also includes the mature tree height class for each species in addition to the mature tree canopy size class and standard tree canopy cover credit. The height and canopy size classes affect where trees can be placed for trees to receive tree canopy cover credit. Table C shows the mature height range by class of trees growing under urban conditions. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 8 Table C. Mature Height Range of Trees by Height Class Mature Height Class Average Height Range Large Greater than 50 feet Medium 25 feet to 50 feet Small 15 to 25 feet Tree Placement Standards Trees planted to satisfy the requirements of this tree ordinance shall be placed such that they have adequate space to grow unobstructed to maturity. Minimum distances, at the time of planting as measured from the tree trunk to structures and infrastructure, shall be required as listed in Table D. Table D. Tree Placement and Growing Space Standards Tree Spacing Minimum Distance Large height and very wide canopy trees 40 feet* Medium height and wide canopy trees 30 feet* Small height and narrow canopy trees 20 feet* Very narrow canopy trees 15 feet* *trees may be clumped or spaced closer with approval of the city arborist Structure and Infrastructure Clearance Minimum Distance Fire hydrants, gas and water meters, utility poles, mail boxes, similar structures 15 feet Underground utility lines 10 feet Overhead utility lines 0 feet for small height trees 20 feet for medium height trees 40 feet for large height trees Buildings 15 feet for very narrow and narrow trees 25 feet for wide trees 35 feet for very wide trees Driveways and walkways 15 feet all trees Street intersections 35 feet all trees Growing Space Requirements Minimum Distance, Area, Volume Minimum tree lawn width (between sidewalk and curb) 5 feet all trees Minimum width of landscape island in parking lots 8 feet all trees Open Soil Surface Area Per Tree (and soil volume to a depth of 24 inches) 100 sq ft for small height trees (200 cubic feet) City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 9 Table D. Tree Placement and Growing Space Standards Tree Spacing Minimum Distance 225 sq ft for medium height trees (450 cubic feet) 400 sq ft for large height trees (800 cubic feet) In addition, the following standards shall apply: Tree trunks shall not be planted directly over property boundary lines or corners; In no case, shall a planting site be less than 5 feet wide in any one direction at the soil surface; and, No trees shall be planted on public or private property within the limits of, or which will interfere with, any drainage, sewer, water or utility easement, unless otherwise allowed herein. Species Selection Standards Species planted to satisfy the requirements of this tree ordinance shall be selected from the tree species list and shall conform to the following standards: Species shall be selected that are tolerant of the growing conditions existing on the site, including the available above- and below-ground growing space, sunlight, soil moisture, temperature, and soil volume; No more than 30 percent of any one genus (maple, oak, elm, etc.) shall be planted on a lot or within a development; When adequate growing space exists, at least 75 percent of the trees planted for tree canopy cover credit shall be very wide or wide canopy trees; Where obstructions to growth exist for very wide canopy trees, wide canopy trees shall be planted; and, Where obstructions to growth exist for wide canopy trees, narrow or very narrow canopy trees may be planted for tree canopy cover credit. Tree Size and Quality Standards Trees planted to satisfy the requirements of this chapt er shall meet minimum quality standards as established in the most current ANSI Z60.1 American Standard for Nursery Stock. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 10 In addition, trees shall conform to the following standards: Trees shall be a minimum of 2-inch caliper for deciduous trees, a minimum of 8 feet in height for evergreen trees (except 5 feet in height for buffer plantings), and a minimum of 1-inch caliper per trunk for multi-trunked trees at the time of planting, unless larger caliper trees are required by the tree ordinance; Replacement trees for specimen and heritage trees shall be a minimum of 4 -inch caliper for deciduous trees; Trees may be container grown or balled and burlapped; Trees shall be free from stem encircling or girdling roots; Trees shall be free from co-dominant stems and included bark; Trees shall be free of stem and branch wounds, broken branches or leaders, significant leans, insect and disease pests, mistletoe, and other harmful conditions that may threaten the tree’s survival, health, and potential to grow to maturity; and, Trees shall not require staking to stand upright under normal environmental conditions. Soil Preparation Standards Planting sites shall consist of an adequate volume of quality soil in which a tree can readily survive and thrive. The soil around a planted tree shall meet the following standards: The minimum open soil surface area and volume of soil shall be as listed in Table D; The soil within the open soil surface area shall be well aerated to a depth of 8 inches, except that in tree planting islands surrounded by pavement it shall be well aerated to a depth of 18 inches; The soil shall contain at least 5 percent organic matter; Soil pH shall be within a range of 5.8 to 7.0; An approved structural soil mix containing 80 percent rock aggregate, 15 percent mineral soil, and a sticking agent may be used within parking lots and other paved areas and within and adjacent to tree islands to increase the rooting volume available to trees, in which case the open soil surface area may be reduced by 30 percent; and, Permeable or porous pavements or suspended pavement systems may be used within a parking lot or other paved area adjacent to tree islands, in which case the open soil surface area required may be reduced by up to 50 percent. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 11 Tree Planting Standards The following standards shall apply to the planting of container grown or balled and burlapped trees: Trees shall be installed during the planting season, unless otherwise approved by the administrator; In undisturbed soils and prepared soils, the planting hole shall be at least two (2) times as wide and no deeper than the root ball of the tree, with sides sloping inward from the top, and with firm soil on the bottom and conform to the planting detail in Appendix D; In compacted soils, the planting hole shall be at least three (3) times as wide and no deeper than the root ball of the tree, with sides sloping inward from the top, and with firm soil on the bottom; The tree shall be planted no deeper than it was growing in the container or field and the trunk flare shall be visible above the ground; All strapping, webbing, twine, strings and other such material shall be removed from the root ball prior to filling in the hole with soil; The burlap and wire basket, if they cannot be removed completely without damaging the root ball, shall be removed to a depth of at least 12 inches and to a greater depth if possible; In no case shall any burlap be located above the soil surface; and, Trees shall not be staked unless they are leafed out and planted in sandy or very well- aerated soils in which shifting of the root ball might occur; when staking must occur, it shall conform to the staking detail in Appendix D. C. New Tree Maintenance Standards For newly planted container grown or balled and burlapped trees that are planted to satisfy the requirements of the tree ordinance, the applicant or his/her authorized agent(s) shall comply with the following maintenance standards during the establishment period: Trees shall be mulched immediately after planting in accord ance with the mulching standards set forth herein; When natural rainfall is less than 1 inch per week during the growing season, trees shall be provided with the equivalent of 1 inch of water per week wi thin the open soil surface area; City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 12 Trees shall not be fertilized; Trees shall be pruned immediately before or after planting to remove dead, broken, diseased, dying or rubbing branches only; After the first growing season, tree pruning shall be done as necessary to remove dead branches, train tree structure and maintain clearance over walkways, streets and vehicles in accordance with the tree pruning standards set forth herein; and, Tree staking materials shall be removed no later than 1 year after planting. D. Established Tree Maintenance Standards Required tree maintenance may include pruning, mulching, or removal as set forth in the tree ordinance or as required by the city arborist as a condition of permit approval or remediation . Optional tree maintenance includes fertilization, cabling and bracing (supplemental support systems), and lightning protection. For protected trees, required maintenance shall be done in accordance with ANSI standards and ISA best management practices, and the additional standards set forth herein. Tree Pruning Standards When tree pruning is required by the tree ordinance, trees shall be pruned in accordance with ANSI standards and ISA best management practices and the standards that follow. Tree owners and their agents are encouraged to hire businesses that employ a certified arborist who can supervise the pruning work on site and ensure that pruning is being done properly. Pruning activities shall not disturb nesting, rare, or endangered wildlife and shall not resume or commence until the wildlife has vacated the tree for th e season, unless the tree poses an immediate threat to public health and safety, in which case the Georgia Department of Natural Resources shall be contacted to relocate the wildlife prior to pruning; Co-dominant stems less than 4 inches in diameter at the fork shall be pruned off and one main stem shall remain; Pruning cuts that leave stubs, flush cuts that encroach on the branch collar, or the tearing of bark are not permitted; Pruning shall be done such that a tree’s natural form is maintained to the gre atest extent possible; and, City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 13 Tree topping or heading back is not permitted. Reasons for which specimen and heritage tree pruning is not permitted unless approved by the city arborist include, but are not limited to: Sign installation, clearance, or visibility; excluding traffic, direction, warning or informational signs owned by any public or semi-public agency; and, Clearance for temporary or permanent equipment traffic or storage, the erection of temporary structures, or materials storage within the tree protection zone. Mulching Standards Individual planted trees, individual conserved trees, and groups of four (4) or less conserved trees shall be mulched in accordance with the following standards; Mulch shall be composed of organic materials that may include, but are not limited to, pine straw, leaves, wood chips aged at least 3 months, compost, and pine bark; Grass clippings, plastic sheeting, and rocks or gravel shall not be used as mulch and shall not be applied within the critical root zone; Conserved and planted trees shall be mulched to the outer edges of the critical root zone or to the greatest extent possible, except that no mulch ring shall have a radius of less than 3 feet. Mulch shall be 3 to 4 inches in depth, and shall be spread in an even layer throughout the critical root zone. Mulch is not allowed closer than 6 inches to the trunk of a planted tree and 12 inches to the trunk of a conserved tree. Mulch should be inspected annually for proper depth and re-applied if necessary, preferably in the late winter or early spring. For conserved groups of more than 4 trees, for forested areas and for forested buffers the addition of mulch is not required; however, the ground surface and natural leaf litter within these areas shall remain present and undisturbed; Fertilization Standards Fertilization is optional for protected trees. However, if protected trees are fertilized, it is recommended that they be fertilized in accordance with recommendations associated with a recent soil test and ANSI A300 standards. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page 14 Tree Supplemental Support System Standards The installation of supplement support in a protected tree is optional, but may be advisable to mitigate the risk of partial tree failure. Any tree support systems placed in a specimen or heritage tree shall be designed, installed, and maintained in accordance with ANSI A300 standards. Lightning Protection System Standards The installation of a lightning protection system in a protected tree is optional, but may be advisable for specimen or heritage trees to reduce the damage that can occur as a result of a lightning strike. Any lightning protection systems placed in a specimen or heritage tree shall be designed, installed and maintained by a certified arborist in accordance with the ANSI A300 standards. E. Tree Removal Standards It is recommended that all tree removal operations be done in accordance with ANSI standards, including safety standards and ISA best management practices. In addition, tree removal should not disturb nesting, rare or endang ered wildlife including any birds subject to The Migratory Bird Act, and tree removal should be delayed until the nesting wildlife is safely removed or has voluntarily vacated the tree, unless the tree poses an immediate threat to public health and safety, in which case the Georgia Department of Natural Resources shall be contacted to relocate the wildlife prior to removal. The Georgia Department of Natural Resources should be contacted in every case involving the removal of any bird species. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page A1 Appendix A. Applicability and Exemptions Summary Charts Section 5. APPLICABILITY AND EXEMPTIONS SUMMARY 5.1. APPLICABILITY 5.1.a. All real property. 5.1.b. Any activity that requires a land disturbance permit, building permit, demolition permit, right-of- way encroachment permit or tree removal permit. 5.1.c. Any activity that requires a certificate of occupancy, minor plat approval, certificate of conceptual plan approval, or final plat approval. 5.1.d. All protected trees. 5.2. EXEMPTIONS 5.2.a. Removal of trees posing an imminent threat or under emergency conditions. 5.2.b. Commercial tree nursery and tree farm operations. 5.2.c. Ongoing forest management practices, including timber harvesting, with exceptions. 5.2.d. Trees removed by municipal, county, state or federal authorities pursuant to law. 5.2.e. Trees removed by utility companies, except that all removal and pruning shall be done in accordance with the arboricultural standards in the tree conservation manual. A chart with applicability and exemption details follows. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page B1 Appendix B. Approved Tree Species List Trees planted to satisfy minimum tree canopy cover and tree replacement requirements of the tree ordinance must be selected from the City of Milton Tree Species List. The tree species list follows and includes: The species that are approved for tree canopy cover credit; The species that may not receive tree canopy cover credit due to their poor quality— including brittle or weak wood, invasive nature, insect or disease su sceptibility, large thorns, noxious fruiting habit, excessive litter or lack of suitability to the region; The mature height class for each species; The tree canopy size class for each species; The standard square feet of tree canopy cover credit for the species; Whether the species is native to the Piedmont region of Georgia; Whether the species is considered drought tolerant; and, The locations where tree species are approved for planting. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page C1 Appendix C. Standard Applications, Checklists, Forms and Worksheets 1. Heritage Tree Nomination Form 2. Tree Removal Permit Application 3. Tree Replacement Worksheet 4. Tree Plan Review and Approval Application 5. Tree Canopy Cover Requirements Worksheet 6. Tree Canopy Plan Checklist 7. Tree and Site Inspection Report Form 8. Timber Harvesting Notification Form 9. Tree Bank Registration Application City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D1 Appendix D. Illustrations and Construction Details Construction details for the critical root zone, newly planted tree and conserved tree mulching, tree protection zone, tree protection fencing, the tree protection area sign, tree planting and tree staking must be included on the tree canopy plan. Electronic files of the construction details in PDF and JPEG formats are available from the community development department. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D2 1. Calculating Actual Tree Canopy Cover FORMULA FOR CALCULATING THE AREA OF A CIRCLE (A) A = *R2 Area = 3.14 * (R * R) DETERMINING THE AVERAGE RADIUS and ACTUAL TREE CANOPY COVER 1)Measure the greatest crown diameter (d1) in feet. 2)Measure the crown diameter in a perpendicular direction (d2) in feet. 3)Add d1 and d2; divide by 2 to get the average diameter (D). 4)Divide the average diameter (D) by 2 to get the average radius (R) in feet. 5)Square the average radius (R2) and multiply by 3.14 (, a constant), to get the area of the crown, or a circle, in feet. EXAMPLE 1)The length of d1 is 70 feet. 2)The length of d2 is 50 feet. 3)The total of d1 and d2 is 120 feet, which divided by 2 is 60 feet, the average diameter (D). 4)The average radius is half the average diameter--60 divided by 2, which is 30 feet. 5)Square the average radius, 30 feet, which is 900 square feet and then multiply by 3.14 to get the actual tree canopy cover of the tree in this example-- 2,826 square feet. d1 d2 City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D3 2. Calculating Tree Canopy Cover Percent Forested area with 13,500 sq ft of tree canopy cover within property boundaries EXAMPLE A: Tree Canopy Cover on a Developed Site The developed lot in the example to the right is 150 feet wide by 290.6 feet deep, an area of 43,560 square feet (1 acre). The tree canopy cover on this lot totals 27,000 square feet (13,500 + 4,000+6,500+3,000). The total tree canopy cover of 27,000 square feet is divided by 43,560 square feet and multiplied by 100 to get a percent, resulting in a tree canopy cover of 62% for the lot. See the next page for an example of calculating tree canopy cover for a site to be developed. TREE CANOPY COVER PERCENT Tree canopy cover percent is calculated by dividing the total square foot area covered by tree canopies within the property boundaries and overhanging the public right-of-way by the total area of the property. To calculate the tree canopy cover percent that is planned for a lot, add the tree canopy cover of trees to be conserved to the tree canopy cover credit given to trees to be planted, and divide the result by the total area of the lot and multiply by 100. Property Boundaries Public right-of-way Individual tree with 4,000 sq ft of tree canopy cover Individual tree with 3,000 sq ft of tree canopy cover within property boundaries Tree group with a combined tree canopy cover of 6,500 sq ft within property boundaries and overhanging the public right of way City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D4 Specimen tree with 3,200 sq ft actual cover, with 10% bonus of 320 sq ft TREE CONSERVATION All trees outside of the improved area are to be conserved on an undeveloped lot. Replacement is required for the removal of specimen trees (120% canopy removed) and heritage trees (140% canopy removed) within the improved area. Trees are required in rural viewsheds, buffers and road frontages, as well as in other priority areas. If trees don’t exist in these areas, then new trees must be planted. EACH SITE IS DIFFERENT, AND MAY HAVE DIFFERENT TREE REQUIREMENTS RESULTING IN DIFFERENT COMBINATIONS AND ARRANGEMENTS OF CONSERVED AND PLANTED TREES EXAMPLE B: Tree Canopy Cover on an Undeveloped Lot The undeveloped lot in the example to the right is 150 feet wide by 290.6 feet deep, an area of 43,560 square feet (1 acre). If 60% tree canopy cover is required, that is equal to 26,136 square feet. All trees outside of the improved area must be conserved, and street trees are required. The total tree canopy cover on this lot at the completion of development will be 15,000 + 3,200 + 320 + 1,600 + 6,400 = 26,520 sq ft. 26,520 sq ft divided by 43,560 sq ft equals 61%. Improved Area Forested area with 15,000 sq ft to be conserved 4 street trees to be planted, very wide canopy, 1,600 sq ft each (6,400 sq ft total) Very wide maturing tree with 750 sq ft actual tree canopy, but is given the 1,600 sq ft standard credit Public right-of-way City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D5 3. Critical Root Zone (Plan View) Edge of the dripline, forms a circle, more or less, on the ground. This dripline delineates the Critical Root Zone. Radius of 1.5 feet for every 1-inch DBH, smaller than the dripline. Dripline follows the greatest extent of the branches (crown) around the tree. Edge of the dripline, forms a circle, more or less, on the ground, and in this example, does not delineate the Critical Root Zone. Critical Root Zone Radius of 1.5 feet for every 1-inch DBH, larger than the dripline. Dripline follows the greatest extent of the branches (crown) around the tree. EXAMPLE A Dripline is located farther out from the trunk than 1.5 feet for every 1-inch DBH, so therefore the dripline is the location of CRZ. EXAMPLE B CRZ is located out from the trunk a distance of 1.5 feet for every 1-inch DBH because it is farther out than the dripline. The location of the tree trunk and the perimeter of the CRITICAL ROOT ZONE (CRZ) must be delineated on tree plans. Critical Root Zone City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D6 4. Tree Mulching Detail – Newly Planted Tree APPROVED MATERIALS pine straw leaves aged wood chips compost pine bark DBH = trunk diameter measured at 4.5 feet above the ground Keep 6 inches from the trunk APPLICATION Spread in an even layer 3 to 4 inches deep within the critical root zone (1.5 feet for every 1-inch DBH) and at least 3 feet out for a newly planted tree, whichever is farther. Keep mulch 6 inches from the trunk of a newly planted tree and 12 inches from the trunk of a conserved tree. At least 3 feet MAINTENANCE inspect annually for proper depth and reapply if necessary in late winter or early spring City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D7 5. Tree Mulching Detail – Conserved Tree APPLICATION Spread in an even layer 3 to 4 inches deep within the critical root zone (1.5 feet for every 1-inch DBH) and at least 3 feet out for a newly planted tree, whichever is farther; keep mulch 6 inches from the trunk of a newly planted tree and 12 inches from the trunk of a conserved tree. MAINTENANCE inspect annually for proper depth and reapply if necessary in late winter or early spring APPROVED MATERIALS pine straw leaves aged wood chips compost pine bark Dripline C Critical Root Zone 1.5 feet for every 1-inch DBH DBH = trunk diameter measured at 4.5 feet above the ground Keep mulch 12 inches from the base of the trunk City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D8 6. Tree Protection Zone Detail Critical root zone extends out 1.5 feet for every 1-inch DBH, Dripline Dripline and 24 inches deep in the soil below the ground line. Ground Line Tree Protection Zone The tree protection zone includes the critical root zone, tree trunk, and entire tree crown (scaffold limbs, branches and leaves). City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D9 7. Tree Protection Fencing Detail Orange barrier fencing erected on sturdy posts at the dripline or edge of the critical root zone (distance of 1.5 feet for every 1-inch DBH), whichever is larger. Tree protection area signs must be installed every 50 feet around the perimeter of the tree protection fence. DRIPLINE The line extending from the outermost branches to the ground, forming a more or less circular area on the ground. DBH = trunk diameter measured at 4.5 feet above the ground Edge of critical root zone Dripline TREE PROTECTION AREA ENTRY PROHIBITED No Construction Activity, Materials or Equipment Storage, Equipment Washout, or Vehicle Traffic Allowed TREE PROTECTION AREA ENTRY PROHIBITED No Construction Activity, Materials or Equipment Storage, Equipment Washout, or Vehicle Traffic Allowed City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D10 8. Tree Protection Area Sign Detail TREE PROTECTION AREA ENTRY PROHIBITED NO Construction Activity, Materials or Equipment Storage, Equipment Washout or Vehicle Traffic Allowed City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D11 9. Tree Planting Detail ROOT DEPTH The first order roots should be no more than 2 inches below the soil line. Too much soil on top of the root ball will eventually result in girdling roots and tree decline. THE PLANTING HOLE The planting hole should be dug 2 times the width of the root ball, and up to 5 times in compacted soils. Dig the hole no deeper than the depth of the root ball; soil beneath the root ball should remain firm and undisturbed. Sides of the planting hole should be rough and sloped outward. Add no soil amendments. Backfill around the root ball with the same soil that was removed. Do not fertilize until the 2nd growing season, and only if a soil test shows a deficiency. STAKING Do not stake the tree unless it is leafed out at time of planting or is being planted in sandy soils. REMOVE STAKING AFTER 1 YEAR Minimum 2X the width of the root ball, and up to 5X in compacted soils. SOIL LEVEL Soil level should be at grade, with no water ring formed around the planting hole. REMOVE BURLAP, STRAPS AND WIRE BASKET Remove all straps, twine, burlap, and wire basket before backfilling with soil. City of Milton, Georgia Chapter 60 - Tree Canopy Conservation Ordinance TREE CONSERVATION MANUAL Draft 4.5 January 8, 2018 Page D12 10. Tree Staking Detail RECOMMENDED MATERIALS Sturdy metal or wood posts, 4 feet tall, and soft-tie straps and loops INSTALLATION Install 3 sturdy posts around the tree at the CRZ. Install soft-tie straps horizontally looping around the post and the tree trunk, leaving some slack to allow the tree to bend slightly in all directions. REMOVE STAKING AND STRAPS AFTER 1 YEAR MILTON'it ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 22, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Appendix A, Fees and Other Charges of the Milton City Code to add Chapter 60 Vegetation. MEETING DATE: Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4--<PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.�ES () NO CITY ATTORNEY REVIEW REQUIRED: (ES (J NO APPROVAL BY CITY ATTORNEY: (APPROVED NOT APPROVED PLACED ON AGENDA FOR: eilt9%1a�$ 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Re: Text Amendment – Appendix A – Fees and other charges Date: January 2, 2018 for the January 29, 2018 Mayor and City Council Meeting (First Presentation on January 8, 2018) Department Recommendation: The Community Development Department recommends approval of the proposed addition to Appendix A – Fees and other charges. Executive Summary: The new Tree Preservation Ordinance requires fees for various actions such as inspection after non-compliance and tree removal permits. The City is required to list all fees in Appendix A in order to charge customers. The attached is the fees proposed for items associated with the Tree Preservation Ordinance. Legal Review: Paul Frickey - Jarrard & Davis (December, 2017) Attachment(s): Appendix A – Fees and other charges and ordinance. STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND APPENDIX A, FEES AND OTHER CHARGES, OF THE MILTON CITY CODE, TO ADD CHAPTER 60-VEGETATION BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on January 29, 2018 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relating to Amending Appendix A, of the Milton City Code, as it relates to Fees and Other Charges specifically for the Tree Preservation Ordinance within Chapter 60- Vegetation, is hereby adopted and approved, replacing existing Appendix A in its entirety; 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 29th day of January, 2018. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) New Fees for Tree Preservation Ordinance added to Appendix A – Fees and Other Charges prepared for the Mayor and City Council Meeting on January 29, 2018 (First Presentation on December 8, 2018) Appendix A – Fees and other charges CHAPTER 60 - VEGETATION Section Description Conditions Amount (in Dollars) 60-Art I-19.4 Inspection after non-compliance $50 per inspection 60-Art II-24 Tree removal permit application (includes pre-approval site visit and post-approval compliance inspection) $25 per tree or per 1,600 sq.ft. of tree canopy cover or portion thereof with a maximum fee of $150. 60-Art III-27 Tree Canopy Plan Review and Approval Application (includes pre- approval site visit, tree protection inspection, certificate of occupancy inspection, and 1 and 3 year follow- up inspections. $300 for the first acre, $50 for each additional acres; $500 for 5 acres and greater. 60-Art III 33.9 Tree Canopy Value for Estimating Tree Fund Payments $31.25 per 100 sq.ft. 0 TO: FROM: AGENDA ITEM: MEETING DATE: M-1 LTON' k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 22, 2018 Steven Krokoff, City Manager /;�) Consideration of the Issuance of an Alcohol Beverage License to Au Pan Crepe LLC., D/B/A Au Pan Crepe, 5310 Windward Pkwy, Suite E, Milton, Georgia 30004. Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (-j"APPROVED CITY ATTORNEY APPROVAL REQ UIRED: () YES () YES () APPROVED Oil yqllo r'. CITY ATTORNEY REVIEW REQUIRED APPROVAL BY CITY ATTORNEY: PLACED ON AGENDA FOR: (J NOT APPROVED (.KNO (INO (J NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on January 8, 2018 for the January 29, 2018 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Au Pan Crepe LLC., D/B/A Au Pan Crepe, 5310 Windward Pkwy, Suite E, Milton, Georgia 30004 _____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Au Pan Crepe, LLC. D/B/A Au Pan Crepe, for Consumption on Premises of Wine and Malt Beverages. 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. This application was submitted due to opening of a new establishment. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Au Pan Crepe, LLC. D/B/A Au Pan Crepe Contact Name: Thanh Duong Business Address: 5310 Windward Parkway, Suite E, Milton, Georgia 30004 Type of License: Consumption on Premise – Wine and Malt Beverages 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: Steven Krokoff, City Manager Kathleen Field, Director of Community Development e TO: FROM: MILTOt\1"r, ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 22, 2018 Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of a Limited Alcohol Beverage License to Just for Giggles, 12635 Crabapple Road, Suite 250, Milton, Georgia 30004. MEETING DATE: Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.eA PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.) YES ('kNo CITY ATTORNEY REVIEW REQUIRED: () YES (,),'N0 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.2500 I F: 678.242.2499 info9cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on January 8, 2018 for the January 29, 2018 Regular Council Meeting Agenda Item: Consideration of the Issuance of a Limited Alcohol Beverage License to Just for Giggles, 12635 Crabapple Road, Suite 250, Milton, Georgia 30004 _____________________________________________________________________________________________ Department Recommendation: Approve the issuance of a limited alcohol beverage license for Limited Consumption on Premises – Bring Your Own Beverage to Just for Giggles. 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. This application was submitted due to change in ownership. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Just for Giggles Contact Name: Christine Davidson Business Address: 12635 Crabapple Road, Suite 250, Milton, Georgia 30004 Type of License: Limited Consumption on Premise – Bring Your Own Beverage 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: Steven Krokoff, City Manager Kathleen Field, Director of Community Development TO: FROM: .M1 LTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 22, 2018 Steven Krokoff, City Managero AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License & a Limited Alcohol Beverage License to Mugs on Milton, D/B/A Laurel & May Market, 12630 Crabapple Road, Suite 120, Milton, Georgia 30004. MEETING DATE: Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (.ANO CITY ATTORNEY REVIEW REQUIRED: () YES (-j'NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C); )z4 % zc"E' 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on January 8, 2018 for the January 29, 2018 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License & a Limited Alcohol Beverage License to Mugs on Milton, D/B/A Laurel & May Market, 12630 Crabapple Road, Suite 120, Milton, Georgia 30004 _____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage licenses for Package Retail - Wine and Malt Beverages & a limited alcohol beverage license for Limited Consumption on Premises - Bring Your Own Beverage to Mugs on Milton, D/B/A Laurel & May Market. 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. This application was submitted due to a new location and an expansion of services for the establishment. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Mugs on Milton, D/B/A Laurel & May Market Contact Name: Jennifer Newton Business Address: 12630 Crabapple Road, Suite 120, Georgia 30004 Type of License: Package Retail – Wine and Malt Beverages & Limited Consumption on Premise – Bring Your Own Beverage 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: Steven Krokoff, City Manager Kathleen Field, Director of Community Development W TO: FROM: M1 LTON" A ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 22, 2018 Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend the Fiscal Year 2017 Budget to Address the Recognition of Property Tax Revenues and for Other Purposes. MEETING DATE: Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (<O CITY ATTORNEY REVIEW REQUIRED: () YES (-e<o APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 01/,19/46 /8 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us 0000 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on January 2, 2018 for the January 29, 2018 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Amend the Fiscal Year 2017 Budget to Address the Recognition of Property Tax Revenues and for Other Purposes Department Recommendation: The recommendation is to approve the budget amendments as proposed. Executive Summary: Since the City’s inception, we have accounted for property taxes, our largest source of revenue, at the end of our fiscal year. This was initially a fiscally sound decision for the first few years of operation and allowed us to build the strong financial position we currently hold; however, this approach makes us completely reliant upon Fulton County to provide the approved tax digest in a timely manner. If the digest is late, like it was this year and in 2010, it makes it impossible to meet projected revenues. This, in turn, gives us few options on how to offset the revenue shortfall. With our pay-go capital improvement plan, the first and most viable option is to delay the operating transfer to fund the year’s capital projects. We would then catch up the next fiscal year when the property taxes are received. As a result of the issues the county had with the 2017 property tax assessments, the digest was nearly three months late. While this situation is not without its challenges, it also presented the perfect opportunity for us to make a change in when we account for the collection of property taxes and mitigate future risk of this happening again. Instead of collecting these revenues at the end of the fiscal year, we are proposing to recognize them at the beginning of the next fiscal year. For instance, 2017 property taxes would become fiscal year 2018 revenues and 2018 property taxes would be fiscal year 2019 revenues and so forth. We have spoken with the city’s auditors, financial advisors and the credit rating agencies regarding this change and all have agreed that this is to best decision going forward. To make this transition, we will need to dip into the fund balance for one year, reprioritize our 2017 and 2018 capital improvement projects, delay a few M&O initiatives, and then steadily rebuild the fund balance during the FY18 budget cycle. We have met with the department heads and formed a plan of action that will produce the best results. With the proposed budget amendments, the projected fund balance for fiscal year 2017 would be approximately $3.1 million, returning to the minimum level of 25% of revenue appropriations (roughly $6.7 million) in fiscal year 2018. We are confident this plan will serve our citizens well in the short-term and long- term. Funding and Fiscal Impact: Please refer to the attached budget amendment documents. Alternatives: None Legal Review: N/A Concurrent Review: Steven Krokoff, City Manager Attachment: Fiscal Year 2017 Proposed Budget Amendments Proposed Budget Amendments Fiscal Year 2017 GENERAL FUND FISCAL YEAR 2017 ACCOUNT # CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: REAL PROPERTY TAX - CURRENT YEAR 100-0000-3111000 5,500,000 (5,500,000) - Change in revenue recognition PERSONAL PROPERTY TAX - CURRENT YEAR 100-0000-3113000 100,000 (100,000) - Change in revenue recognition OPERATING TRANSFERS IN - IMPACT FEE FUND 100-0000-3912060 64,629 (28,141) 36,488 Correction of impact fees appropriations TOTAL (5,628,141) EXPENDITURES BY PROJECT: OPERATING TRANSFER OUT TO CAPITAL PROJECTS FUND 100-9000-611101000 1,309,418 1,189,756 2,499,174 Reprioritize capital projects (see below) OPERATING TRANSFER OUT TO CAPITAL GRANT FUND 100-9000-611102000 - 318 318 Correction of funding TOTAL 1,190,074 Total Revenues Over/(Under) Expenditures (6,818,215) Projected Ending Fund Balance 3,090,000 CAPITAL PROJECTS FUND FISCAL YEAR 2017 ACCOUNT # CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: OPERATING TRANSFER IN: FROM GENERAL FUND 300-0000-3912010 1,309,418 1,189,756 2,499,174 Reprioritize capital projects (see below) FROM IMPACT FEE FUND/LAW ENFORCEMENT 300-0000-3912061 32,405 (16,188) 16,217 FROM IMPACT FEE FUND/FIRE 300-0000-3912062 187,810 (94,884) 92,926 FROM IMPACT FEE FUND/ROAD 300-0000-3912063 235,036 (117,180) 117,856 FROM IMPACT FEE FUND/PARK 300-0000-3912064 1,699,257 (710,825) 988,432 TOTAL 250,679 EXPENDITURES BY PROJECT: GREENSPACE BOND INITIATIVE 300-1110-521200001 197,520 (72,000) 125,520 STATION 43 PARKING LOT REPAIR 300-3510-541200000 38,791 (38,791) - MOBILE TRAINING UNIT 300-3510-541300000 529,815 (350,000) 179,815 FUEL MANAGEMENT SYSTEM 300-3510-542100001 3,178 (3,178) - FIRE VEHICLE REPLACEMENT RESERVE 300-3510-542202000 1,001,693 (350,000) 651,693 BRIDGE REPLACEMENT PROGRAM 300-4101-541401200 950,643 (450,000) 500,643 CRABAPPLE NE CONNECTOR 300-4101-541401705 50,000 (50,000) - HOPEWELL/FRANCIS/COGBURN INTERSECTION 300-4101-541401700 13,148 (13,148) - WEBB RD TURN LANES 300-4101-541401706 5,500 (5,500) - NPDES 300-4101-522251000 357,391 (282,037) 75,354 PAVEMENT MANAGEMENT 300-4101-522260000 2,256,499 (1,365,000) 891,499 DOWNTOWN MILTON MASTER PLAN 300-7410-521200001 19,333 4,162 23,495 SR9 COURT/FIRE/POLICE COMPLEX 300-1565-541300100 727,896 (16,188) 711,708 STATION 42 REPLACEMENT 300-3510-541200001 187,810 (94,884) 92,926 INTERSECTION/FREEMANVILLE @ PROVIDENCE 300-4101-541401703 1,771,884 (117,180) 1,654,704 PARK & TRAIL EXPANSION 300-6110-541401401 4,154,616 (710,825) 3,443,791 TOTAL (3,914,569) Correction of impact fees appropriations Correction of impact fees appropriations Reprioritization of capital projects Proposed Budget Amendments Fiscal Year 2017 CAPITAL GRANT FUND FISCAL YEAR 2017 ACCOUNT # CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: OPERATING TRANSFERS IN FROM GENERAL FUND 340-0000-3912010 - 318 318 Correction of funding TOTAL 318 EXPENDITURES BY PROJECT: TRAIL CONNECTION TO BIG CREEK GREENWAY 340-4101-541401804 - 318 318 Correction of funding TOTAL 318 IMPACT FEE FUND FISCAL YEAR 2017 ACCOUNT # CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: IIMPACT FEES/ADMIN FUND 350-0000-3413211 64,620 (28,165) 36,455 IMPACT FEES/LAW ENFORCEMENT FUND 350-0000-3413212 32,401 (16,188) 16,213 IMPACT FEES/FIRE FUND 350-0000-3413213 187,788 (94,884) 92,904 IMPACT FEES/ROAD FUND 350-0000-3413214 235,009 (117,180) 117,829 IMPACT FEES/PARK FUND 350-0000-3413215 1,699,034 (710,833) 988,201 INTEREST REVENUE/ADMIN FEES 350-0000-3611000 9 24 33 INTEREST REVENUE/PARK FEES 350-0000-3611004 224 8 232 TOTAL (967,218) EXPENDITURES BY PROJECT: OPERATING TRANSFERS OUT TO: GENERFUL FUND/ADMIN 350-9000-611103000 64,629 (28,141) 36,488 CAPITAL PROJ FUND/LAW ENFORCEMENT 350-9000-611101001 32,405 (16,188) 16,217 CAPITAL PROJ FUND/FIRE 350-9000-611101002 187,810 (94,884) 92,926 CAPITAL PROJ FUND/ROAD 350-9000-611101003 235,036 (117,180) 117,856 CAPITAL PROJ FUND/PARK 350-9000-611101004 1,699,258 (710,825) 988,433 TOTAL (967,218) Correction of impact fees appropriation Correction of impact fees appropriation ORDINANCE NO. STATE OF GEORGIA FULTON COUNTY AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2017 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on January 29, 2018 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2017 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 2017 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2017 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. ADOPTED AND APPROVED this 29th day of January, 2018. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ ________________________ Councilmember Peyton Jamison Councilmember Burt Hewitt _________________________ ________________________ Councilmember Matt Kunz Councilmember Joe Longoria _________________________ ________________________ Councilmember Laura Bentley Councilmember Rick Mohrig (SEAL) Attest: _______________________________ City Clerk MILTON'lp ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 22, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend the Fiscal Year 2018 Budget to Address the Recognition of Property Tax Revenues. MEETING DATE: Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4 --APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (a-1�10 CITY ATTORNEY REVIEW REQUIRED: () YES (MVO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: of f tv Jzol b 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info @cityofmiltong a. us I www.cityofmiltongo.us To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on January 2, 2018 for the January 29, 2018 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Amend the Fiscal Year 2018 Budget to Address the Recognition of Property Tax Revenues Department Recommendation: The recommendation is to approve the budget amendments as proposed. Executive Summary: Since the City’s inception, we have accounted for property taxes, our largest source of revenue, at the end of our fiscal year. This was initially a fiscally sound decision for the first few years of operation and allowed us to build the strong financial position we currently hold; however, this approach makes us completely reliant upon Fulton County to provide the approved tax digest in a timely manner. If the digest is late, like it was this year and in 2010, it makes it impossible to meet projected revenues. This, in turn, gives us few options on how to offset the revenue shortfall. With our pay-go capital improvement plan, the first and most viable option is to delay the operating transfer to fund the year’s capital projects. We would then catch up the next fiscal year when the property taxes are received. As a result of the issues the county had with the 2017 property tax assessments, the digest was nearly three months late. While this situation is not without its challenges, it also presented the perfect opportunity for us to make a change in when we account for the collection of property taxes and mitigate future risk of this happening again. Instead of collecting these revenues at the end of the fiscal year, we are proposing to recognize them at the beginning of the next fiscal year. For instance, 2017 property taxes would become fiscal year 2018 revenues and 2018 property taxes would be fiscal year 2019 revenues and so forth. We have spoken with the city’s auditors, financial advisors and the credit rating agencies regarding this change and all have agreed that this is to best decision going forward. To make this transition, we will need to dip into the fund balance for one year, reprioritize our 2017 and 2018 capital improvement projects, delay a few M&O initiatives, and then steadily rebuild the fund balance during the FY18 budget cycle. We have met with the department heads and formed a plan of action that will produce the best results. With the proposed budget amendments, the projected fund balance for fiscal year 2017 would be approximately $3.1 million, returning to the minimum level of 25% of revenue appropriations (roughly $6.7 million) in fiscal year 2018. We are confident this plan will serve our citizens well in the short-term and long- term. Funding and Fiscal Impact: Please refer to the attached budget amendment documents. Alternatives: None Legal Review: N/A Concurrent Review: Steven Krokoff, City Manager Attachment: Fiscal Year 2018 Proposed Budget Amendments Proposed Budget Amendments Fiscal Year 2018 GENERAL FUND FISCAL YEAR 2017 ACCOUNT # CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: REAL PROPERTY TAX - PRIOR YEAR 100-0000-3112000 5,268,000 (4,968,000) 300,000 PERSONAL PROPERTY TAX - PRIOR YEAR 100-0000-3114000 95,000 (90,000) 5,000 TOTAL (5,058,000) EXPENDITURES BY PROJECT: MAINTENANCE CONTRACT/PERFORMANCE MANAGEMENT 100-1535-523850131 25,000 (25,000) - COMPUTER HARDWARE/PERFORMANCE MANAGEMENT 100-1535-542402000 47,200 (25,000) 22,200 MAINTENANCE CONTRACT/VEHICLE COMPUTER UPGRADE 100-1535-542402000 6,375 (4,875) 1,500 COMPUTER HARDWARE/VEHICLE COMPUTER UPGRADE 100-3210-542402000 33,265 (33,265) - OTHER EQUIPMENT/VEHICLE COMPUTER UPGRADE 100-3210-542500000 3,394 (3,394) - PROFESSIONAL FEES/SCANNING ARCHIVES 100-7410-521200000 125,000 (50,000) 75,000 Split up the scanning into two yearsOPERATING TRANSFER OUT TO ECONOMIC DEV INCENTIVES BANK 100-9000-611107000 50,000 (50,000) - Delay the funding of economic development incentives bank OPERATING TRANSFER OUT TO CAPITAL PROJECTS FUND 100-9000-611101000 9,368,340 (8,055,482) 1,312,858 OPERATING TRANSFER OUT TO CAPITAL GRANT FUND 100-9000-611102000 328,750 (300,000) 28,750 CONTINGENCY 100-9000-579100000 213,071 (118,952) 94,119 Reduce to offset shortage TOTAL (8,665,968) Total Revenues Over/(Under) Expenditures 3,607,968 Projected Beginning Fund Balance 3,090,000 Ending Fund Balance 6,697,968 CAPITAL PROJECTS FUND FISCAL YEAR 2017 ACCOUNT # CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: OPERATING TRANSFER IN: FROM GENERAL FUND 300-0000-3912010 9,368,340 (8,055,482) 1,312,858 Reprioritize capital projects (see below) TOTAL (8,055,482) EXPENDITURES BY PROJECT: GREENSPACE BOND INITIATIVE 300-1110-521200001 53,520 72,000 125,520 GENERAL ADMIN/VEHICLE REPLACEMENT RESERVE 300-1500-542202000 27,762 (14,000) 13,762 SR9 COURT/FIRE/POLICE COMPLEX 300-1565-541300100 1,594,336 (1,594,336) - POLICE/VEHICLE REPLACEMENT RESERVE 300-3210-542202000 187,283 (150,000) 37,283 STATION 43 PARKING LOT REPAIR 300-3510-541200000 (38,791) 38,791 - MOBILE TRAINING UNIT 300-3510-541300000 (170,185) 350,000 179,815 Reprioritization of capital projects Change in revenue recognition Reprioritize capital projects (see below) Delay the implementation of performance management software Delay the purchase of police vehicle computer upgrade Proposed Budget Amendments Fiscal Year 2018 CAPITAL PROJECTS FUND (cont.) FISCAL YEAR 2017 ACCOUNT # CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET FUEL MANAGEMENT SYSTEM 300-3510-542100001 (3,178) 3,178 - FIRE/VEHICLE REPLACEMENT RESERVE 300-3510-542202000 1,166,693 (515,000) 651,693 SCBA REPLACEMENT 300-3510-542507103 140,251 (140,251) - STATION 41 ROOF REPLACEMENT 300-3510-522280000 90,000 (20,000) 70,000 BRIDGE REPLACEMENT PROGRAM 300-4101-541401200 800,643 (300,000) 500,643 CRABAPPLE NE CONNECTOR 300-4101-541401705 (50,000) 50,000 - HOPEWELL/FRANCIS/COGBURN INTERSECTION 300-4101-541401700 (13,148) 13,148 - WEBB RD TURN LANES 300-4101-541401706 (5,500) 5,500 - NPDES PERMIT COMPLIANCE 300-4101-522251000 (208,397) 282,037 73,640 PAVEMENT MANAGEMENT 300-4101-522260000 2,475,576 (1,118,000) 1,357,576 PROVIDENCE PARK 300-6110-541200003 560,875 (300,000) 260,875 GATEWAY/WAYFINDING SIGNAGE & HISTORIC MARKERS 300-7410-521200007 207,821 (18,000) 189,821 TOTAL (3,354,933) CAPITAL GRANT FUND FISCAL YEAR 2017 ACCOUNT # CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: OPERATING TRANSFERS IN FROM GENERAL FUND 340-0000-3912010 328,750 (300,000) 28,750 Reprioritization of capital projects TOTAL (300,000) EXPENDITURES BY PROJECT: TRAIL CONNECTION TO BIG CREEK GREENWAY 340-4101-541401804 300,000 (300,000) - Reprioritization of capital projects TOTAL (300,000) ECONOMIC DEVELOPMENT INCENTIVES BANK FISCAL YEAR 2017 ACCOUNT # CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: OPERATING TRANSFERS IN FROM GENERAL FUND 202-0000-3912010 50,000 (50,000) - Delay the funding of economic development incentives bank TOTAL (50,000) EXPENDITURES BY PROJECT: PAYMENT TO OTHERS/INCENTIVES 202-7520-573100000 50,000 (50,000) - Delay the funding of economic development incentives bank TOTAL (50,000) Reprioritization of capital projects ORDINANCE NO. STATE OF GEORGIA FULTON COUNTY AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2018 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on January 29, 2018 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2018 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 2018 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2018 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. ADOPTED AND APPROVED this 29th day of January, 2018. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ ________________________ Councilmember Peyton Jamison Councilmember Burt Hewitt _________________________ ________________________ Councilmember Matt Kunz Councilmember Joe Longoria _________________________ ________________________ Councilmember Laura Bentley Councilmember Rick Mohrig (SEAL) Attest: _______________________________ City Clerk TO: FROM: AGENDA ITEM: MEETING DATE: IMILTONIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 22, 2018 Steven Krokoff, City Manager .(?� Consideration of RZ17-09 Text Amendment to Article XIX - Crabapple Form Based Code, 4.9 as it Relates to Parking. Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (41APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,�IYES () NO CITY ATTORNEY REVIEW REQUIRED: (,YES () NO APPROVAL BY CITY ATTORNEY. (.APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C>II z.712oru 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 22 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Re: Text Amendment – RZ17-09 – Article XIX – Crabapple Form Based Code, 4.9 as it relates to parking Date: January 2, 2018 for the January 29, 2018 Mayor and City Council Meeting (First Presentation on January 8, 2018, City Council Workshop on January 15, 2018) Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: Staff is recommending to change the required parking from use based requirements (retail, office, restaurant, or residential integrated with mixed uses) to an overall average requirement of 3.5 spaces per 1,000 square feet. This will allow for a better design for the form based code developments and eliminate “over-parking” which we experience with our current parking requirements. The exceptions to this requirement are single family uses will still need to provide two parking spaces per unit and lodging uses which include hotels, motels, and bed and breakfasts will require one parking space per room. The proposed amendment also permits the Community Development Director to grant a 10 percent overall reduction in parking by Warrant. This recommended change will reduce the amount of impervious surfaces and allows for shared parking whereby spaces can be allocated based on use and time of day. At its November 29, 2017 meeting, the Commission requested that Staff provide data to support the proposed minimum parking requirement of 3.5 spaces per 1,000 square feet. Below are a list of other nearby jurisdictions and their requirements. City of Alpharetta - Downtown Office – 3 spaces per 1,000 s.f. Retail – 2 spaces per 2,000 s.f. Residential – 1 space per bedroom (up to 2) plus 0.15 visitor space per unit Restaurant – 2 spaces per 1,000 s.f. City of Roswell - Downtown Historic District Buildings constructed prior to 1959 – Parking requirements are exempt Buildings Constructed since 1959 – Residential – 2 per unit Non-Residential – 2 spaces per 1000 sq.ft. Restaurants – 1 space per 300 sq. ft. (3.33 per 1,000 sq.ft.) City of Marietta – Central Business District There shall be no required parking spaces in the CBD district except as described below. The number of spaces required will be calculated on the square footage occupied by the business exempting up to the first 15,000 square feet on street level. Exempt are those structures on the blocks directly facing the Marietta City Square. Sandy Springs – Perimeter Center/City Springs Districts Sec. 8.1.3 (Adopted August 2017) No minimum ratio for vehicle parking spaces Maximum Parking Multi-family – 1.1 spaces per bedroom Retail Commercial – 4 spaces per 1,000 sq. ft. Hotel/Lodging – 1 per lodging room Office – 2 per 1,000 sq.ft. Restaurant – 8 spaces per 1,000 sq.ft. City of Woodstock Office – General – 3 spaces per 1000 sq.ft. Office – Medical – 3.3. spaces per 1000 sq.ft. Retail – 3.3 spaces per 1,000 sq.ft. Residential – 2 per unit Ordinance provides for shared parking for a development utilizing the Urban Land Institute Shared Parking report or Institute of Transportation Engineers Shared Parking Guidelines. City of Suwanee Office – 3.3 spaces per 1000 sq.ft. Retail – 4 per 1000 sq.ft. Restaurants – 8 per 1000 sq.ft. Allows the BZA to grant an administrative variance to reduce the number of parking spaces by up to 20%. Provides for shared parking utilizing Urban Land Institute or Institute of Transportation Guidelines. Results of the December 13, 2017 Planning Commission Meeting The Planning Commission voted unanimously 6-0 to approve the proposed text amendment as recommended by Staff with the exception of 4.9.2 (a) and (b) to remain which requires visitor parking. Legal Review: Paul Frickey - Jarrard & Davis (December, 2017) Attachment(s): Text Amendment to Article XIX – Crabapple Form Based Code and ordinance. RZ17-09 – Text Amendment to the Crabapple Form Based prepared for the City of Milton Mayor and City Council Meeting on January 29, 2018 (First Presentation on January 8, 2018 Formatted: Centered 4.9 - OFF-STREET PARKING AND LOADING 4.9.1 Minimum Ooff-street parking for all transect zones shall be 3.5 parking spaces per 1,000 gross square feet of building area except for single family residential uses and lodging as provided below. a. All single family residential uses shall provide 2 parking spaces per unit. b. All lodging uses shall provide 1 parking space per room. b. Off-street and loading for all other uses shall be provided in accordance with Article VII of this zoning ordinance. 4.9.2 Required visitor parking in zones T2, T3, T4, T5 a. In addition to the requirements of Section 4.9.1, all single -family residential use groups described in Section 64-1410 shall provide a minimum of 0.3 visitor parking space per dwelling unit. b. Required visitor parking may either be provided off -street in a common parking lot anywhere on the site or on-street within 300 feet of the intended use, as measured along the direct improved pedestrian route from the door of the building to the parking space. 4.9.2 Subject to the approval of the director of the community development department by Warrant, off - street parking as required by Article VIII4.9.1 may be reduced up to ten percent. and sShared parking among uses may beare permitted. in accordance with Section 64-1411. 4.9.3 On-street parking along the parking lane corresponding to the Lot Frontage shall be used to satisfy the parking requirements for Residential Functions. 4.9.4 All Office, Lodging, Retail, Civic, and Education Functions, and Apartment Buildings shall provide a minimum of one bicycle rack to accommodate a minimum of one bicycle space for every ten vehicular parking spaces. Said rack(s) shall be located within the Public or Private Frontage. Formatted: Indent: Left: 0.5", Hanging: 0.5" STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ17-09 AN ORDINANCE TO AMEND ARTICLE XIX OF CHAPTER 64 – CRABAPPLE FORM BASED CODE, 4.9 AS IT RELATES TO PARKING. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on January 29, 2018 6:00 p.m. as follows: SECTION 1. That the amendment of Article XIX, 4.9 regarding parking in the City of Milton Zoning Ordinance 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 29th day of January, 2018. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk $3 TO: FROM: AGENDA ITEM: MEETING DATE: MILTON'k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 22, 2018 Steven Krokoff, City Manager Consideration of RZ17-10 Text Amendment to Article XX - Deerfield Form Based Code, 4.9 as it Relates to Parking. Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: („yAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.4"YES () NO CITY ATTORNEY REVIEW REQUIRED: OYES () NO APPROVAL BY CITY ATTORNEY: (APPROVED NOT APPROVED PLACED ON AGENDA FOR: G1Iz9 1101 b 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Re: Text Amendment – RZ17-10 – Article XX – Deerfield Form Based Code, 4.9 as it relates to parking Date: January 2, 2018 for the January 29, 2018 Mayor and City Council Meeting (First Presentation on January 8, 2018, City Council Workshop on January 15, 2018) Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: Staff is recommending to change the required parking from use based requirements (retail, office, restaurant, or residential integrated with mixed uses) to an overall average requirement of 3.5 spaces per 1,000 square feet. This will allow for a better design for the form based code developments and eliminate “over-parking” which we experience with our current parking requirements. The exceptions to this requirement are single family uses will still need to provide two parking spaces per unit and lodging uses which include hotels, motels, and bed and breakfasts will require one parking space per room. The proposed amendment also permits the Community Development Director to grant a 10 percent overall reduction in parking by Warrant. This recommended change will reduce the amount of impervious surfaces and allows for shared parking whereby spaces can be allocated based on use and time of day. At its November 29, 2017 meeting, the Commission requested that Staff provide data to support the proposed minimum parking requirement of 3.5 spaces per 1,000 square feet. Below are a list of other nearby jurisdictions and their requirements. City of Alpharetta - Downtown Office – 3 spaces per 1,000 s.f. Retail – 2 spaces per 2,000 s.f. Residential – 1 space per bedroom (up to 2) plus 0.15 visitor space per unit Restaurant – 2 spaces per 1,000 s.f. City of Roswell - Downtown Historic District Buildings constructed prior to 1959 – Parking requirements are exempt Buildings Constructed since 1959 – Residential – 2 per unit Non-Residential – 2 spaces per 1000 sq.ft. Restaurants – 1 space per 300 sq. ft. (3.33 per 1,000 sq.ft.) City of Marietta – Central Business District There shall be no required parking spaces in the CBD district except as described below. The number of spaces required will be calculated on the square footage occupied by the business exempting up to the first 15,000 square feet on street level. Exempt are those structures on the blocks directly facing the Marietta City Square. Sandy Springs – Perimeter Center/City Springs Districts Sec. 8.1.3 (Adopted August 2017) No minimum ratio for vehicle parking spaces Maximum Parking Multi-family – 1.1 spaces per bedroom Retail Commercial – 4 spaces per 1,000 sq. ft. Hotel/Lodging – 1 per lodging room Office – 2 per 1,000 sq.ft. Restaurant – 8 spaces per 1,000 sq.ft. City of Woodstock Office – General – 3 spaces per 1000 sq.ft. Office – Medical – 3.3. spaces per 1000 sq.ft. Retail – 3.3 spaces per 1,000 sq.ft. Residential – 2 per unit Ordinance provides for shared parking for a development utilizing the Urban Land Institute Shared Parking report or Institute of Transportation Engineers Shared Parking Guidelines. City of Suwanee Office – 3.3 spaces per 1000 sq.ft. Retail – 4 per 1000 sq.ft. Restaurants – 8 per 1000 sq.ft. Allows the BZA to grant an administrative variance to reduce the number of parking spaces by up to 20%. Provides for shared parking utilizing Urban Land Institute or Institute of Transportation Guidelines. Results of the December 13, 2017 Planning Commission Meeting The Planning Commission voted unanimously 6-0 to approve the proposed text amendment as recommended by Staff with the exception of 4.9.2 (a) and (b) to remain which requires visitor parking. Legal Review: Paul Frickey - Jarrard & Davis (December, 2017) Attachment(s): Text Amendment to Article XX – Crabapple Form Based Code and ordinance. RZ17-10 – Text Amendment to the Deerfield Form Based prepared for the City of Milton Mayor and City Council Meeting on January 29, 2018 (First Presentation on January 8, 2018) Formatted: Centered 4.9 - OFF-STREET PARKING AND LOADING 4.9.1 Minimum Ooff-street parking for all transect zones shall be 3.5 parking spaces per 1,000 gross square feet of building area except for single family residential uses and lodging as provided below. a. All single family residential uses shall provide 2 parking spaces per unit. b. All lodging uses shall provide 1 parking space per room. c. and Off-street loading for all other uses shall be provided in accordance with Article VII of this zoning ordinance. 4.9.2 Required visitor parking in zones T2, T3, T4, T5, T6 a. In addition to the requirements of Section 4.9.1, all single -family residential use groups described in Section 64-1410 shall provide a minimum of 0.3 visitor parking space per dwelling unit. b. Required visitor parking may be either provided off -street in a common parking lot anywhere on the site or on-street within 300 feet of the intended use, as measured along the direct improved pedestrian route from the door of the building to the park ing space. 4.9.3 Subject to the approval of the director of the community development department by Warrant, off - street parking as required by Article VIII 4.9.1 may be reduced up to ten percent. and sShared parking among uses may be are permitted. in accordance with Section 64-1411. 4.9.4 On-street parking along the parking lane corresponding to the Lot Frontage shall be used to satisfy the parking requirements for Residential Functions. 4.9.5 All Office, Lodging, Retail, Civic, and Education Functions, and Apartment Buildings shall provide a minimum of one bicycle rack to accommodate a minimum of one bicycle space for every ten vehicular parking spaces. Said rack(s) shall be located within the Public or Private Frontage. 4.9.6 Sites which exceed the minimum number of required off-street parking spaces by this zoning ordinance shall construct said excess parking spaces of pervious paving. This requirement shall not apply to excess spaces located within a Parking Structure. Where a site contains both Parking Structures and Open Parking area, spaces located in the Parking Structure shall be counted towards meeting the minimum number of required off-street parking spaces before those in Open Parking area. Formatted: Indent: First line: 0.5" Formatted: Indent: Left: 0.5", Hanging: 0.5" Formatted: Font color: Red STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ17-10 AN ORDINANCE TO AMEND ARTICLE XX OF CHAPTER 64 – DEERFIELD FORM BASED CODE, 4.9 AS IT RELATES TO PARKING. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on January 29, 2018 6:00 p.m. as follows: SECTION 1. That the amendment of Article XX, 4.9 regarding parking in the City of Milton Zoning Ordinance 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 29th day of January, 2018. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk TO: FROM: AGENDA ITEM: MEETING DATE: I LT ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 23, 2018 Steven Krokoff, City Manager j Request for Sewer Extension of 4 Lots Located Contiguous to the Manor Subdivision on Hamby Road. Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,,l"APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (, yNO CITY ATTORNEY REVIEW REQUIRED: () YES (.^0 APPROVAL BY CITY ATTORNEY. () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 'I)' IZy /Z -C ib 2006 Heritage Walk Milton, GA 0000 P: 678.242.2500 i F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us RN Page is too large to OCR. CAROTHERS &. MITCHELL, LLC ATTORNEYS AT LAW RICHARD A. CAROTHERS (GA & OH) THOMAS M. MITCHELL E. RONALD BENNETT, JR. AMYB.COWAN ANGELA C. COI ICH KAREN G. THOMAS Kathleen Field Community Development Director kathleeii.field@cityofmiltonga.us Milton City Hall 2006 Heritage Walk Milton, GA 30004 ----------- -_ TELEPHONE (770) 9323552 FACSIMILE (770) 9326348 1809 BUFORD HIGHWAY E-MAIL CARMITCH@CARMITCH.COM BUFORD, GEORGIA 30518 August 23, 2017 OF COI INSEL: REBECCA J. SCHMI DT WRITER'S EMAIL: RICHARD.CAROTHERSCNCARMITCH.COM WRITER'S DIRECT DIAL: (678)7300432 RE: Forsyth County Providing Sewer Service Within the City of Milton Dear Kathy: I was requested by the City of Milton to provide a legal opinion regarding whether Forsyth County can provide sewer service in the City of Milton in Fulton County based upon an Intergovernmental Agreement between Fulton County and Forsyth County which was entered into in 2006. While my response to that general question is in the affirmative, there appear to be additional legal questions with regard to the application of that authorized sewer service in the context of a proposed development. I will address that matter below. On December 6, 2006, Forsyth County and Fulton County entered into an intergovernmental agreement for the provision of water, reuse water, and sewer services to The Manor Golf & Country Club (hereinafter "The Manor"). The purpose of this intergovernmental agreement was to permit Forsyth County to provide sewer service and reuse water service in Fulton County within The Manor, a large residential development. By its specific terms, the agreement only authorizes Forsyth County to provide its sewer services within The Manor and to any and all property owners therein. The agreement emphasizes the limitations of Fulton County's authorization to Forsyth County by stating that Forsyth County "Will not" provide any sewer treatment capacity beyond those customers in The Manor. Most importantly for this analysis, The Manor is described and depicted on Exhibit A to the Intergovernmental Agreement, a copy of which I have attached to this correspondence. Therefore, as indicated above, it appears Kathleen Field August 23, 2017 Page 2 clear that Forsyth County remains authorized to provide sewer services within The Manor as depicted on Exhibit A. With regard to the geographically limited authorization granted in the context of the intergovernmental agreement, there is apparently an application for the development of a number of residential lots or a residential subdivision which lies along the southern end of The Manor. The general areas where these homes are proposed for development lies at the southern end of The Manor and which I have depicted on my Exhibit A in red. I will refer to the red area as the "southern section." I have also attached as Exhibit B to this correspondence a GIS depiction showing the southern section of The Manor which is the same as is shown in red on Exhibit A. The proposed lots and lot lines are superimposed on Exhibit B's depiction of that area. Exhibit B shows the boundaries of the subdivision lots but they are not individually numbered. For ease of reference, I have attached a subdivision concept plan dated 4/20/17 as Exhibit C which does contain the lot numbers which run from Lot 8 through Lot 1 moving northwesterly on the depicted area. A review of this exhibit clearly demonstrates the issue. As previously discussed, Forsyth County is specifically limited to providing sewer services within The Manor of which the southern section is a part. However, Lots 1, 2, and 3 are outside of that southern section and Lot 4 is primarily outside of it. Conversely, Lots 8, 7, and 6 are inside the southern section, and a majority of Lot 5 is within the section. Construing strictly the special and limited authority given to Forsyth County in the intergovernmental agreement, it appears that Forsyth County would not have the legal authority to serve Lots 1-4. I believe Forsyth County would be able to provide service to Lots 6-8. With regard to Lot 5, it is problematic as it would require "sewer service" to the whole parcel including the portions that lie outside The Manor area. Therefore, I believe service would not be authorized. That situation might be avoided by reconfiguring that lot to conform to the boundaries of the southern section so that all of Lot 5 lies within The Manor. Based upon the foregoing, and absent an amendment to the intergovernmental agreement, it is my opinion that Forsyth County's ability to provide sewer service to Fulton County and the City of Milton is limited as articulated above. Should you have any questions, please do not hesitate to contact me. Kathleen Field August 23, 2017 Page 3 Best regards. RAC:jkc Very truly yours, Enclosures cc: Steven Krokoff, City Manager Carter Lucas, Asst. City Manager/Public Works Director Robyn MacDonald, Zoning Manager Ken Jarrard, Esq., City Attorney 9 fyi�1 FALLING WATER mown Flit PRE-ENGMEERMG EXHIBIT A MANOR NORTH REUSE POND APPROX VOL 7,500,0130 GAL MOT YET BUILT) MANOR REUSE 'ONDS A + 8 - HOLE -13 !ROSS APPROX VOL 3,800,000 GAL. CURRENTLY OPPERATIONAL) VWTP FACILITY ANOR REUSE )ND - HOLE - 5 90SS APPROX. VOL. - 000,000 GAL URRENTLY OPPERATIONAL) - a.•s a.0 MASWK _ I7.W ME Ip REUSE�NND WCAIAIb r, I B�yir Court 9 Lel r � i t Orr',"/ , i a °r G o4a49 0 N C 7 � o m O N N 7 d w � R U I eels aWuagm ap. soq.P"AmM. PBw2 sdms wm m cwnaelm Aw °xwnRO�`w.m. ArA wNRv. W an s wmv Rnxoaac wwn an a xm..em m PLmexn W AmAx- mwmw'.r w>m rnw2 zmRra emr e.uR ro mnm: a m[smsls. nrc.arm WWwR ro. rr,WR n o.m s Lm w wew mR eRav Awm m owAe �m mE.wnora w mr oxmma w .m �Au�PRrum me@ueY mvNrrrs rcW Rmm weo rml,ms`O1m'�'vmmrzr reevas ,No.0 AMwMN4 /HD OIXR .w Eat MMN WYY H]➢ M a ttYIXI.WVt m WnIMY9 6I A YNbeWY MNLWFRS ASYGiCN WMf MPS4➢ 6CIIMD/R [f A[LNCM1XMl 9YL. BE a6Ye1mW M W61M tt P¢ mMTWII? AW LtlWMl1' M¢CPMMe rw xeMw.wD . IAm W tllE 5E[e.Ww Cr rvl {uw. iNi. - II ��• 4�"•' •. 4 '�" 6ef� A� nM IB I I'el, O Y} i�•/� Iwl% ".S �� _ YI lN.'. ��� W ��� m®e�a,rtr�r�.irs �uWMmvmw. � I "Y`, r" RED BULL HOLDINGS, LLC aDcuR PIft011 OR I 3062 EAST SHADOWLAWN AVE. M ATLANTA, GEORGIA 30305 NITS PR OPER1Y CONrNNS WA1ER5 OF THE STAT � IAN-IX£IV(ALMARS 9WL Iqr BF CONGATEO MIIXM rMF w -Poor IINLISRAdED snsAR @PtEes As urAsumn rmu � �' ME PoWI m M3?D 4SRAIkN XiIMMR i1FSr AtlMnm@ ; ME NECESSWI YAV(N4'a5 uS PENe1tS •• ro.o Wmw Wmcer.w rgmas'°'Ia r`+i. Gt 'dill\_• // /_ W:Imep• r .." is 'Y*•r cavy of ��e MFll \ wJugn vlm: J RWS W n �S@IWnS _" '.SIV 5 BI TAMR TP �•£.a�s ^- • � y� � ramiavm.6 �iQiena :°sem 941/ rRx m mRn.R rm Etl1 �,� m •re®,rwamn 10r ALL YAFdINiO MIFAS A'O LLN1 .9Tf/06 AREA THIS TRACT: Q11x MlMYI r , TOTAL PROJECT AREA = 26.04 ACRES ByA' M uSod giii..e eels aWuagm ap. soq.P"AmM. PBw2 sdms wm m cwnaelm Aw °xwnRO�`w.m. ArA wNRv. W an s wmv Rnxoaac wwn an a xm..em m PLmexn W AmAx- mwmw'.r w>m rnw2 zmRra emr e.uR ro mnm: a m[smsls. nrc.arm WWwR ro. rr,WR n o.m s Lm w wew mR eRav Awm m owAe �m mE.wnora w mr oxmma w .m �Au�PRrum me@ueY mvNrrrs rcW Rmm weo rml,ms`O1m'�'vmmrzr reevas ,No.0 AMwMN4 /HD OIXR .w Eat MMN WYY H]➢ M a ttYIXI.WVt m WnIMY9 6I A YNbeWY MNLWFRS ASYGiCN WMf MPS4➢ 6CIIMD/R [f A[LNCM1XMl 9YL. BE a6Ye1mW M W61M tt P¢ mMTWII? AW LtlWMl1' M¢CPMMe rw xeMw.wD . IAm W tllE 5E[e.Ww Cr rvl {uw. iNi. - II ��• 4�"•' •. 4 '�" 6ef� A� nM IB I I'el, O Y} i�•/� Iwl% ".S �� _ YI lN.'. ��� W ��� m®e�a,rtr�r�.irs �uWMmvmw. � I OWNER/OEVELOPER: vRovo50) fid VmO nR —Ta" RED BULL HOLDINGS, LLC aDcuR PIft011 OR I 3062 EAST SHADOWLAWN AVE. M ATLANTA, GEORGIA 30305 NITS PR OPER1Y CONrNNS WA1ER5 OF THE STAT � IAN-IX£IV(ALMARS 9WL Iqr BF CONGATEO MIIXM rMF w -Poor IINLISRAdED snsAR @PtEes As urAsumn rmu � �' ME PoWI m M3?D 4SRAIkN XiIMMR i1FSr AtlMnm@ ME NECESSWI YAV(N4'a5 uS PENe1tS _ HOWARD CARSON _ _ ...ro... L, STA LlSMR. 1YPR0 r x 1� A ]m.Jllpq F cavy 71 wJugn vlm: J RWS W n 1 185fA1 q R x 4 '.SIV 5 BI TAMR =or ^- 6 9JAar fl 1]I@ ue y� � ramiavm.6 �iQiena :°sem 941/ mSeS q R I.SmI s 1 m •re®,rwamn B 21im1 R 4 AREA THIS TRACT: TOTAL PROJECT AREA = 26.04 ACRES OWNER/OEVELOPER: vRovo50) fid VmO nR —Ta" RED BULL HOLDINGS, LLC aDcuR PIft011 OR I 3062 EAST SHADOWLAWN AVE. wwIR cut art nu ATLANTA, GEORGIA 30305 PHONE (770) 595-7225 �'... HOUR CONTACT: WLc24 lawifit HOWARD CARSON _ _ ...ro... L, STA LlSMR. 1YPR0 PHONE (404) 281-7497 cavy ENGINEER/SURVEYOR: ICE ENGINEERS, INC. 60.3 MACY DRIVE ROSWELL, GEORGIA 30076 TELEPHONE (770) 99B-5763 NOTIFY THE FULTON COUNTY AND CITY ALL IMPROVEMENTS TO CONFORM WIN STANDARDS AND SPECIFICATIONS, UTE la v o ror xa m ar '� ��!`dM/iiga6omCmverenl"dfee � ; SITE a A SIR61E PAUAr SBWIWSION ozadAFS tPRA/ V . v IAM? CT6E5.1HALL arror4:Ai ti_ xxr`.'nremrtewo ticmmcs. • "„"�,'� ��'^��n `" � ARE s XORIZOXTAL ro r WRrMu a'"•' �� `�- � _'''. IRRIOAOON MUSIA �PRONIRIEO ON ALL UMnNO AW PROPOSED CIrY ANO 'MEq" STATE MMTS�-WAY. WATER SERVICE PROM E BY ML16N Munn.. 0.4 Panic WATER SYSIM. SEWER SERWCE MIS E N rM6 SEWER MI PT LOT B WHIN IS (SEP ).SYSTE45. 7. ON INSPECTOR 24 OURS BEFORE -BEGINNING PHASE OF CONSTRUCTION A4 .. DEO BGl HOLDWSS, LLC '. ru PARrM Nmmx 1 a-sim nR mr m Rnmt cEONI wo 40@ Ia A.H aN oaiRl@ as @omx 8v EXHIBIT C "'Y.� - AN6'e lP%Wtt aM6pM1Y R40.b.' A IRRur Wurbf�nc LOT - .ex.. �reum wrwAm un wn m w im +��eaw unxn' _ Pa4LL n B J- BG88 mMacy Sam wnsr axw�WrsaW ro i ENGINEERS, INC: R6r 1 a: 808 fi RaRWdi. CA 90078 •_ ..mean � ®...ssss.....r..s �'... _ _ ...ro... ?aa14M a =or ^- i y� � ramiavm.6 �iQiena :°sem 941/ 4 1 m •re®,rwamn ata@ 1 4 q "—^uis�s. l` M uSod giii..e Mj C \ �'�f ee�rv�umem ®muv.mro,..mxrt �✓�^�'-•�5 �✓}5� If{� 1 rf ri 5w.lU-. .. DEO BGl HOLDWSS, LLC '. ru PARrM Nmmx 1 a-sim nR mr m Rnmt cEONI wo 40@ Ia A.H aN oaiRl@ as @omx 8v EXHIBIT C "'Y.� - AN6'e lP%Wtt aM6pM1Y R40.b.' A IRRur Wurbf�nc LOT - .ex.. �reum wrwAm un wn m w im +��eaw unxn' _ Pa4LL n B J- BG88 mMacy Sam wnsr axw�WrsaW ro i ENGINEERS, INC: R6r 1 a: 808 fi RaRWdi. CA 90078 CAROTHERS & MITCHELL, LLC ATTORNEYS AT LAW RICHARD A. CAROTHERS (GA & OH) THOMAS M. MITCHELL E. RONALD BENNETT, JR. AMY B. COWAN ANGELA C. COUCH KAREN G. THOMAS BRIAN R. DEMPSEY Steven Krokoff, City Manager steven.krokoMcityofmiltonga.us Milton City Hall 2006 Heritage Walk Milton, GA 30004 1809 BUFORD HIGHWAY BUFORD, GEORGIA 30518 September 26, 2017 RE: City of Milton Sewer Opinion Mr. Krokoff: TELEPHONE (770) 932.3552 FACSIMILE (770) 9324348 W W W.CARMITCH.COM OF COUNSEL: REBECCA). SCHMIDT WRITER'S EMAIL: RICHARD.CAROTHERSOCARMITCH.COM WRITER'S DIRECT DIAL: (678)730-0432 As you know, I provided a legal opinion on August 23, 2017, in which I stated that my interpretation of the intergovernmental agreement between Forsyth County and Fulton County authorized Forsyth to provide sewer service within those portions of the Manor located within the City of Milton. In subsequent correspondence, you asked whether Milton was "obligated" to allow the sewer connection based upon the original agreement to which Appendix A was initially attached. I believe that the first inquiry would be to determine if in fact Forsyth intends to provide sewer for the parcels which I identified in my previous letter. From my perspective, that is a threshold determination. If the answer to that threshold question is yes, then I have been unable to determine from your development codes any basis for Milton to not allow the sewer connection. I believe the lot and its access to sewer would be evaluated for approval as any other lot in the City which has access to sewer. Moreover, I do not find anything in the original agreement that would authorize the City to not permit the sewer connection. I hope that this is responsive to your inquiry. If you have any further questions, please do not hesitate to contact me. Best regards. RAC:jkc Very truly yours, TO: MILTON lot' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 23, 2018 FROM: Steven Krokoff, City Manager Q) AGENDA ITEM: Consideration of a Resolution of the Milton City Council to Re - Adopt the Five GMA Ethics Principles for Recertification to be a Georgia Certified City of Ethics. MEETING DATE: Monday, January 29, 2018 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: (J YES (q -NO CITY ATTORNEY REVIEW REQUIRED: (J YES (4'NO APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0,1202('16 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Sudie Gordon, City Clerk Date: Submitted on January 24, 2018 for the January 29, 2018 Regular Council Meeting Agenda Item: Consideration of the Milton City Council to Re-Adopt the Five GMA Ethics Principles for Recertification to be a Georgia Certified City of Ethics. ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of the recertification of the Resolution for the City of Milton to be a Georgia Certified City of Ethics. Executive Summary: GMA appointed an Ethics Task Force in 1998 to address concerns after a study showed a trend toward less confidence in public officials. While GMA believes that the overwhelming majority of municipal elected officials are honest and ethical, it was determined necessary to address the public's perception. The Ethics Task Force was comprised of municipal elected officials, community and industry leaders and academics. The result of their work was the publication of a "Model Code of Ethics for Georgia City Officials" in September 1999 and the implementation of GMA's Certified City of Ethics program. To earn a "Certified City of Ethics" designation, a city must take two actions. 1) Adopt a resolution establishing the five ethics principles for the conduct of the city's officials. These principles are designed to guide the elected officials as individuals and as a governing body. These principles are: Page 2 of 3 Serve others, not ourselves Use resources with efficiency and economy Treat all people fairly Use the power of our position for the well-being of our constituents Create an environment of honesty, openness and integrity The adopted resolution must include or at least reference these principles. GMA has indicated that at least a majority of the City Council must sign the resolution. 2) Adopt an ethics ordinance that meets minimum standards approved by the GMA Board. The ordinance must contain definitions, an enumeration of permissible and impermissible activities by elected officials, due process procedures for elected officials charged with a violation of the ordinance and punishment provisions for those elected officials found in violation of the ordinance. The City of Milton adopted Ordinance No. 10-09-76, “City of Milton Ethics Ordinance” on September 20, 2010. The resolution and ordinance will be forwarded to the GMA Ethics Certification Committee, which is comprised of the Executive Committee of the GMA City Attorneys Section, for their review. If this panel of attorneys determines that both items meet the established requirements, the City of Milton will be re-designated as a "Certified City of Ethics." Each city designated as a Certified City of Ethics will be recognized at the GMA Annual Convention held in June. The city will receive a plaque and a logo which can be incorporated into city stationery, road signs and other materials at the city's discretion. In addition, GMA will send press releases to the local media notifying them that the city has earned this designation. Funding and Fiscal Impact: None. Alternatives: Do not seek recertification. Page 3 of 3 Concurrent Review: Sam VanVolkenburgh, City Attorney (January 24, 2018) Attachment(s): 1) Resolution of the Milton City Council to Re-Adopt the Five GMA Ethics Principles for Recertification to be a Georgia Certified City of Ethics Page 1 of 2 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION OF THE MILTON CITY COUNCIL TO RE-ADOPT THE FIVE GMA ETHICS PRINCIPLES FOR RECERTIFICATION TO BE A GEORGIA CERTIFIED CITY OF ETHICS WHEREAS, the Board of Directors of the Georgia Municipal Association has established a Certified City of Ethics program; and WHEREAS, the City of Milton, wishes to be certified as a Certified City of Ethics under the GMA Program; and WHEREAS, part of the certification process requires the Mayor and Council to subscribe to the ethics principles approved by the GMA Board; NOW THEREFORE BE IT RESOLVED by the governing authority of the City of Milton, Georgia, that as a group and as individuals, the governing authority subscribes to the following ethics principles and pledges to conduct its affairs accordingly: 1. Serve Others, Not Ourselves 2. Use Resources With Efficiency and Economy 3. Treat All People Fairly 4. Use The Power of Our Position For The Well Being Of Our Constituents 5. Create An Environment Of Honesty, Openness And Integrity; BE IT FURTHER RESOLVED that any resolutions in conflict with this resolution are hereby repealed. Page 2 of 2 SO RESOLVED, this 29th Day of January, 2018. Approved: _____________________________ Joe Lockwood, Mayor _____________________________________ ______________________________ Peyton Jamison Laura Bentley _____________________________________ ______________________________ Matt Kunz Burt Hewitt _____________________________________ ______________________________ Joe Longoria Rick Mohrig Attest: _______________________________ Sudie AM Gordon, City Clerk (Seal) TO: FROM: M-ILTON'IP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 22, 2018 Steven Krokoff, City Manager a AGENDA ITEM: Consideration of a Settlement Agreement Related to BZA Secondary Variance V17-07 Regarding Appeal of site Plan Approval for 12455 Broadwell Road. MEETING DATE: Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,&ES () NO CITY ATTORNEY REVIEW REQUIRED: (J YES () NO APPROVAL BY CITY ATTORNEY. (,APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0 r Iz<i jZO)"; 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Steve Krokoff, City Manager Date: Submitted on January 23, 2018 for the January 29, 2018 Regular City Council Meeting Agenda Item: Consideration of a Settlement Agreement Related to BZA Secondary Variance V17-07 Regarding Appeal of sit plan approval for 12455 Broadwell Road _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The owners, Friends of Silos, LLC, and developer, Rob Beecham, propose a mixed use development located at 12455 Broadwell Road. This property is zoned T-4 and T-2, is located in the Crabapple Overlay and is adjacent to the City of Alpharetta. Several residents of the adjacent subdivision objected to the development for various reasons, including the proposed crossfit gym, and lack of a buffer. Mr. Bauer, Ms. Tuyl and Mr. Low (the appellants) filed a secondary variance to appeal the Community Planning Director’s decision to approve the concept plan for the development. Having approved and signed this agreement, the appellants have withdrawn the secondary variance. Funding and Fiscal Impact: n/a Alternatives: n/a Legal Review: Paul Frickey, Jarrard & Davis (January, 2018) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Settlement agreement 1 SETTLEMENT AGREEMENT INVOLVING SECONDARY VARIANCE APPLICATION V17-017 RELATED TO PROPERTY LOCATED AT 12455 BROADWELL ROAD This matter involves a secondary variance (appeal) application seeking to reverse the City of Milton Community Development Director’s approval of a “Site Plan” drawn by A&R Engineering dated June 1, 2017, revised June 6, 2017 (“Submitted Concept Plan”), and submitted by Rob Beecham (“Developer”) showing proposed development of property owned by Friends of Silos, LLC (“Owner”) located at 12455 Broadwell Road, Milton, Georgia (“Subject Property”). The Submitted Concept Plan was approved by Kathleen Field, Community Development Director, and this decision was appealed by Roger Bauer, Sonya Van Tuyl, and Tad Low (“Appellants”) pursuant to an application filed September 8, 2017, amended January 4, 2018 as if rewritten in its entirety, and assigned case number V17-017 (“Appeal Application”). This Settlement Agreement (“Settlement Agreement”) is entered into by the Appellants, the Developer, the Owner, and the City of Milton, Georgia (“City”) (collectively the “Parties”) and seeks to fully and completely resolve this matter. Therefore, for good and valuable consideration, the value and sufficiency of which are hereby acknowledged, and in further consideration of the releases and promises contained in this Settlement Agreement, the Parties, on their own behalf and on behalf of their respective heirs, successors, and assigns, hereto agree as hereinafter described: 1. The City acknowledges that development substantially in conformance with the drawing attached hereto as Exhibit “A” (“Proposed Plan”) complies in pertinent parts depicted thereon with the City’s zoning ordinance and development regulations. 2. Development of the Subject Property shall include a forty-foot (40’) heavily landscaped strip along the southern boundary of the Subject Property as shown in the Proposed Plan. The eastern boundary shall also be heavily landscaped to screen for headlights. 2 Compliance with Paragraph 7 hereof shall satisfy this paragraph’s “heavily landscaped” requirement. 3. Developer shall install and maintain a fence along the southern boundary of the T-4 classified portion of the Subject Property and beyond the T-4/T-2 boundary so as to extend to the full length of the rear yard of the parcel known as 2030 Knightsbridge Way, Alpharetta, Georgia in compliance with the Crabapple Form Based Code requirements as depicted in the Proposed Plan. The fence described herein shall be six feet (6’) in height for the entire length described therei n and shall be installed on the Subject Property at least one inch from the boundary. The fence shall be constructed to the appearance shown in Exhibit “B,” which is attached hereto and incorporated herein as if rewritten in its entirety. 4. Owner and Developer agree and acknowledge that the Subject Property shall not be used as an off-site parking lot (e.g. valet parking for potential nearby restaurants, etc.) Parking locations on the property shall be substantially in conformance with the locations shown in Exhibit “A”. 5. Developer shall construct only a single building along the frontage of the parcel as depicted in the Proposed Plan. A second building shall be constructed, not along the frontage of the parcel, as depicted in the Proposed Plan. 6. Developer and Owner agree the detention pond shall remain underground. Any water impoundment area along the southern boundary shall be a water quality area. For purposes of this Settlement Agreement, a water quality area is a natural area that does not hold water. Its purpose is to allow water to drain into a sub-surface sand-strip for the purpose of filtering it. Once underground, the water flow will then be channeled into the underground detention area located under the Subject Property’s parking lot. Water is NOT stored on the surface. Rather all of the water flow action takes place underground as the water is filtered down. 7. The forty-foot (40’) landscaping strip shall be landscaped to screen the buildings on the Subject Property from existing single-family residences, and shall be used only for pedestrian, landscaping, waterways in natural appearance, and the foregoing water quality purposes. No parking, impervious surfaces, drainage or other easements that restrict the coverage of plantings and screening, or structures shall be placed in the landscaping strip. The forty-foot (40’) landscaping strip shall conform to the landscaping plan that is attached 3 hereto and incorporated herein as Exhibit “C,” including the quantity, size, type and location of the plants that are shown thereon. Developer and Owner shall not disturb the root zones of trees located on the property adjacent to the southern boundary of the subject property. 8. The Parties acknowledge and agree that the City shall exercise normal regulatory and prosecutorial discretion in the enforcement of the City noise ordinances regardless of the source of any complaint with respect to a violation of such ordinances, including complaints by non-Milton residents. In the event this clause is specifically deemed unenforceable or void as against the City, then in such event the Owner, Developer and Appellants hereby acknowledge and agree that the City noise ordinance shall provide the minimum legal duties for noise limitations as between Owner, Developer and Appellants. 9. In the event that any resident of Knightsbridge Way wishes to add a privacy fence on his property, this Settlement Agreement hereby serves as a letter of support from Owner, Developer and Appellants to the City of Alpharetta, and Owner, Developer and Appellants state that each are in support of such a privacy fence and do not oppose such a fence. 10. Any original occupants, tenants, or future owners of the Subject Property shall use standard roll-able trash containers for garbage with a volume of no greater than 96 gallons. Notwithstanding the foregoing sentence, the Parties acknowledge that Owner and Developer shall comply with any applicable Fulton County requirements regarding trash containers. 11. Appellants shall withdraw their Appeal Application, thereby dismissing the appeal. 12. The City shall not be prejudiced by this proposed Settlement Agreement in the event same is not fully and finally executed by all Parties; and, in the event of non-ratification by any party other than the City, all other Parties shall retain all arguments, claims, defenses, or objections regarding this matter should an appeal hearing or proceeding be required. Notwithstanding the foregoing, this Settlement Agreement shall be enforceable if accepted by all Parties other than the City, and non -ratification by the City shall not defeat any rights of enforcement. This Settlement Agreement shall not be introduced into evidence at any regulatory or judicial proceeding or used for any related purpose, except for purposes of enforcement. In the event any term or provision of this Settlement Agreement is deemed void or unenforceable, then such non-enforceable or void terms shall be deemed non-essential to the contract and severed from the Settlement Agreement, and the remaining terms shall be enforceable and binding. This 4 Settlement Agreement may be executed as separate originals of the same form by each of the Parties. 13. The Parties stipulate and agree that this Settlement Agreement is the product of its specific facts; and none of the Parties shall use this Settlement Agreement or the procedures utilized to ratify and affirm this Settlement Agreement as precedent for any future action other than as set forth herein. A copy of this Settlement Agreement shall be placed in the rezoning, building, engineering, and development files maintained by the City and shall be a matter of public record, and the Parties shall not contest the applicability of the covenants stated herein to future tenants, owners, or occupants of the Subject Property. 14. Approval of this Settlement Agreement shall constitute a full and final resolution of all claims, demands, and causes of action related to or arising out of development in accordance with the Proposed Plan. 15. Wherever in this Settlement Agreement certain performance standards are required to be met, the Director of Community Development, the City Architect, and/or the City Arborist (as appropriate) shall determine whether there has been compliance with such standards and shall exercise good faith in making any such determinations. The purpose of this provision is to relieve the City of any alleged obligation to obtain input from the Parties in connection with any permit applications by Owner or Developer. Such determinations shall be binding on all parties as to the City’s application of these standar ds to the City’s development regulations; however, nothing in this paragraph shall foreclose the right and ability of an aggrieved Party to seek judicial relief based on a breach of this Settlement Agreement or any other remedy otherwise available . Approved and agreed to, this day of January, 2018. (SIGNATURES APPEAR ON THE FOLLOWING PAGE) 5 CITY OF MILTON, GEORGIA ______________________________ Mayor Attest: __________________________ City Clerk ________________________________ Kathy Field, Community Development Director DEVELOPER: ROB BEECHAM OWNER: FRIENDS OF SILOS, LLC ________________________________ ________________________________ Rob Beecham By: Its: APPELLANT: ROGER BAUER APPELLANT: SONYA VAN TUYL ________________________________ ________________________________ Roger Bauer Sonya Van Tuyl By: Roger Bauer Her: Agent APPELLANT: TAD LOW APPELLANT: JOHN BOWLES __________________________________ ______________________________ Tad Low John Bowles 6 APPELLANT: MILTON AND ALPHARETTA FAMILIES ENFORCING FAIR ZONING, INC. __________________________________ Roger Bauer Its: President [SEAL] -.c,A.T.'r==:P{t-saoÈ¡;1-otPAìÀî1r¿'{'I,: i'l rì ti e:.a J .t: IF Cr EXHIBIT - Y- 15 t No Text 12455 BROADWELL ROADLANDSCAPE BUFFER6.\iv/fiAlE l'- þ'PLAN PREPAREDJANUARY 5,2OI8J+)I+2zz¡qr¡e-- *- -F..ôIôI¡'ôô6Bo.Faoþ9nqohIooþiaqoþ0eon++ôOÇzF)\ç20Øotmfsoo-1. r)/,ðEE2ëd¿?ãdìoø2t^à"ÅML-!<2mslf>mdã-ì=- lt1à /n+I,ttItoo-4,IaqoBÞE:g{1¿6oqc)IÉ&oão353ûeoã¡qlB363ãÈoåIã.Ëga¡.E,ätsËÈ@qô¡gÊzI;BÉzFØ?qØ3@c)IgII0'q¿È.nÉØfÞaËtIÞUdð56Nm3coâo!LtñIT!ñ,trð6meAc)I5ó¡3.,ã!'ı'Bjıtøüq.i8..P@IsIqÃIó'ãE@åã6Iıc)jñàtü^{ìÊ)oúÍla' :-t--^,t-Þ"-ft- on TO: FROM: AGENDA ITEM: MEETING DATE: MILTONit ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 23, 2018 Steven Krokoff, City Manager Consideration of Subdivision Plat Approval , Monday, January 29, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (^0 CITY ATTORNEY REVIEW REQUIRED: () YES (WON 0 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 01/2q/2c-)� 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on January 23, 2018 for the January 29, 2018 Regular Council Meeting Agenda Item: Consideration of Subdivision Plat Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat List, Location Map, Plats New Business Plats Staff Memo Page 2 of 11 Name of Development / Location Action Comments / # lots Total Acres Density 1. Annandelle Land Lot 383 Freemanville Road Final Plat 25 Lots 33.255 .75 Lots / Acre 2. Kensley Phase I Land Lot 1049 Webb Road Final Plat Revision 29 Lots 7.689 3.77 Lots / Acre New Business Plats Staff Memo Page 3 of 11 New Business Plats Staff Memo Page 4 of 11 New Business Plats Staff Memo Page 5 of 11 New Business Plats Staff Memo Page 6 of 11 New Business Plats Staff Memo Page 7 of 11 New Business Plats Staff Memo Page 8 of 11 New Business Plats Staff Memo Page 9 of 11 New Business Plats Staff Memo Page 10 of 11 New Business Plats Staff Memo Page 11 of 11