COUNCIL MEETING AGENDA - Town of Gilbert

COUNCIL MEETING AGENDANovember 2, 2017

Members may attend in person or by telephone.

Jenn Daniels, Mayor ● Victor Petersen, Vice Mayor Scott Anderson ● Eddie Cook ● Brigette Peterson ● Jordan Ray ● Jared Taylor

Regular Meeting11/2/2017 6:30 PM

Municipal Center, Council Chambers50 E Civic Center Drive

Gilbert, Arizona

AGENDA ITEMS MAY BE DISCUSSED IN A DIFFERENT SEQUENCE.ITEMS WILL NOT BE DISCUSSED PRIOR TO POSTED MEETING TIME.

AGENDA ITEM

CALL TO ORDER

INVOCATION AND PLEDGE OF ALLEGIANCEThe invocation may be offered by a person of any religion, faith, belief or non-belief, as well as Councilmembers. A list of volunteers is maintained by the Town Clerk and interested persons should contact the Clerk for further information.

Mayor invites all scouts present to the front of the Council Chambers.

Pledge of Allegiance and introduction and recognition of scouts.

Invocation by Pastor Delmer Geesey, Life Community Church.

ROLL CALL

PRESENTATIONS; PROCLAMATIONS

1 PROCLAMATION - Proclamation declaring the week of November 6, 2017 as Veterans Week in Gilbert.

2 RECOGNITION - Recognition of Dr. Greg Allen for organizing the Gilbert Marathon and for his work with Shun the Sun.

3 RECOGNITION - Recognition of Gilbert Promotional Corporation for organizing Gilbert Days.

COMMUNICATIONS FROM CITIZENSAt this time, members of the public may comment on matters within the jurisdiction of the Town but not on the agenda. The Council’s response is limited to responding to criticism, asking staff to review a matter commented upon, or asking that a matter be put on a future agenda.

CONSENT CALENDARAll items listed below are considered consent calendar items and may be approved by a single motion unless removed at the request of Council for further discussion/action. Other items on the agenda may be added to the consent calendar and approved under a single motion.

4 INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental Agreement No. 2018-3002-0108 with the Town of Florence to provide support for the repair and maintenance of personal protective equipment and authorize the Mayor to execute the required documents.

5 REIMBURSEMENT AGREEMENT – consider adoption of a Resolution approving a Reimbursement Agreement with BGV - Gilbert & Vaughn, LLC for roadway improvements on Vaughn Avenue and authorize the Mayor to execute the required documents.

6 CONTRACT – consider approval of:

a) Agreement for Services Contract No. 2018-4101-0043 with Wildan Financial Services in an amount not to exceed $56,795 for utility rate analysis and development and authorize the Mayor to execute the required documents;

b) a Contingency Transfer from the Water Fund in the amount of $18,932;

c) a Contingency Transfer from the Wastewater Water Fund in the amount of $18,932;

d) a Contingency Transfer from the Environmental Services – Residential Fund in the amount of $9,466; and

e) a Contingency Transfer from the Environmental Services – Commercial Fund in the amount of $9,465.

7 CONTRACT – consider approval of:

a) Cooperative Purchasing Agreement No. 2018-3002-0115 with Pierce Manufacturing Inc. utilizing Public Procurement Authority Contract No. #VH11574; and b) the purchase of (1) Pierce Quantum Fire Pumper, one (1) Pierce Velocity 107’ Ascendant, one (1) Pierce Enforcer Encore Rescue Air Light unit and to provide fire apparatus services, materials and/or equipment pursuant to Cooperative Purchasing Agreement No. 2018-3002-0115 with Pierce Manufacturing Inc. in an amount not to exceed $2,492,311.26 $222,107.73 and authorize the Mayor to execute the required documents.

8 CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 2016-7012-0253 with Morrison-Maierle, Inc. increasing the contract amount by $11,379 for Elliot District Park Improvements, Project No. PR125, and authorize the Mayor to execute the required documents.

9 FEES – consider adoption of a Resolution establishing Application Fees and Annual Rates for Wireless Facilities in Town Right-of-way.

10 SPECIAL EVENT LIQUOR LICENSE – consider approval of a Special Event Liquor License for Gilbert Chamber of Commerce on November 30, 2017 from 6:00 pm to 9:00 pm located at The Falls Event Center, 4635 East Baseline Road.

11 SPECIAL EVENT LIQUOR LICENSE – consider approval of a Special Event Liquor License for East Valley Firefighter Charities for December 1-3, 2017 from 10 am to 5 pm daily located at 50 East Civic Center Drive.

12 PERMANENT EXTENSION OF PREMISES – consider approval of a Permanent Extension of Premises for The Farmhouse Restaurant located at 228 North Gilbert Road.

13 MINUTES – consider approval of the minutes of Special Meeting on October 16, 2017.

PUBLIC HEARINGItems will be heard at one Public Hearing; at which time anyone wishing to comment on a Public Hearing Item may do so. Comments will be heard from those in support of or in opposition to an item. Hearings are noticed for 7:00 p.m.

In order to comment on a Public Hearing Item, you must fill out a public comment form, indicating the Item Number on which you wish to be heard. Once the hearing is closed, there will be no further public comment unless requested by a member of the Council. After the Public Hearing, the Council may act on all items not requiring additional staff, public, or

Councilmember comment with a single vote.

14 LIQUOR LICENSE – conduct hearing and consider approval of a Series 3 In-State Microbrewery Liquor License for OHSO Brewery located at 335 North Gilbert Road.

15 LIQUOR LICENSE – conduct hearing and consider approval of a Series10 Beer and Wine Store Liquor License for Fast Market 8130 located at 8424 South Power Road.

16 LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License with Growler privileges for OHSO Brewery located at 335 North Gilbert Road.

17 LIQUOR LICENSE – conduct hearing and consider approval of a Series 16D Craft Distillery Festival/Fair Liquor License for OHSO Brewery for the Gilbert Farmer's Market located at 222 North Ash Street from 7 am to 1 pm on the following dates: January 6, 2018; January 20, 2018; February 3 ,2018; February 17, 2018; March 3, 2018; March 17, 2018; March 31, 2018; April 14, 2018; April 28, 2018; May 12, 2018; May 26, 2018; June 9, 2018; and June 23, 2018. OHSO Brewery provides samples at the Farmer’s Market, but liquor sold is to-go only.

18 BONDS – conduct hearing and consider adoption of a Resolution authorizing the reimbursement of Capital Expenditures related to the construction of Fire Station #9, Project No. MF023.

19 CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 10 Building and Construction Regulations, Article 1 in General, Section 10-5 Construction within Public Rights-of-way and Utility Easements, Location and Relocation of Facilities in Public Rights-of-way and Utility Easements, Article II Technical Codes, Section 10-41, and Article X Encroachment Permits for Public Rights-of-way, Sections 10-325 Definitions; and by amending Chapter 19 Telecommunications Service, Section 19-1 Purpose and Findings related to approving the terms and conditions for wireless facilities on, below or above the Town rights-of-way; authoring and approving the form of site licenses betwen the Town of Gilbert and a provider as may be amended by the Town Attorney for the use of Town right-of-way property to operate wireless facilities; and authorizing the Director of Development Services to execute such site licenses.

ADMINISTRATIVE ITEMSAdministrative Items are for Council discussion and action. It is to the discretion of the majority of the Council regarding public input requests on any Administrative Item. Persons wishing to speak on an Administrative Item should complete a Request to Speak Form and indicate the Item they wish to address. Council may or may not accept public comment.

20 BOARDS AND COMMISSIONS – consider appointment of two alternate members to the Planning Commission with a term beginning November 15, 2017 and ending

November 14, 2018.

21 BOARDS AND COMMISSIONS – consider appointment of Director Kelly Pfost to the Self-Insured Trust Fund for Health Insurance Benefits, to complete the remainder of a term ending September 30, 2018; plus an additional three year term beginning October 1, 2018 and ending September 30, 2021.

22 BOARDS AND COMMISSIONS – consider activating an Arts Committee, setting the tasks for the Committee, and setting the number of Committee members and the means of selecting those members.

23 PRESENTATION - Presentation and discussion about formation of a Council subcommittee to create a Code of Civility.

24 COUNCIL ADMINISTRATION - consider acceptance of the Budget Report and Contingency Report for the 1st Quarter of FY2018.

25 BOARDS, COMMISSIONS, AND COMMITTEES - reports from Council Liaisons for the:a) Subcommittee on Board and Commission Application Screening, Interview, and Selectionb) Other Council Subcommitteesc) Regional Meetingsd) Industrial Development Authoritye) Mayor’s Youth Advisory Committeef) Parks and Recreation Boardg) Planning Commissionh) Redevelopment Commissioni) Town of Gilbert, AZ Public Facilities MPCj) Town of Gilbert, AZ Water Resources MPCk) Town of Gilbert, AZ Self-Insured Trust Fund for Health Benefitsl) Utility Board

POLICY ITEMS

FUTURE MEETINGSThere may be a discussion of whether to place an item on a future agenda and the date, but not the merits of the item.

Requested Agenda Items and Projected Meeting Dates:

TBD - Policy regarding staff acceptance of gifts. Contact ____ (J. Taylor, S. Anderson, B. Peterson)

TBD - Discuss the possibility of an RFP to look at different designs for the Ocotillo Bridge. Contact: ____ (E. Cook, V. Petersen, B. Peterson)

COMMUNICATIONS

Report from the TOWN MANAGER on current events.

Report from the COUNCIL on current events.

Report from the MAYOR on current events.

ADJOURN

RECESS SPECIAL MEETING AND RECONVENE IN EXECUTIVE SESSIONPursuant to A.R.S. §38-431.03(A)(___)

RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSIONPursuant to A.R.S. §38-431.03(A)(___)

ADJOURN EXECUTIVE SESSION AND RECONVENE SPECIAL MEETING

ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING

NOTICE TO PARENTS: Parents and legal guardians have the right to consent before the Town of Gilbert makes a video or voice recording of a minor child. A.R.S. 1-602.A.9. Gilbert Council Meetings are recorded and maybe viewed on Channel 11 and the Gilbert website. If you permit your child to participate in the Council Meeting, a recording will be made. If your child is seated in the audience your child may be recorded, but you may request that your child be seated in a designated area to avoid recording. Please submit your request to the Town Clerk.

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Council Communication

TO: Honorable Mayor and Councilmembers

FROM: Bob Badgett, Assistant Fire Chief, 503-6334

MEETING DATE: November 2, 2017

SUBJECT: Intergovernmental Agreement with Town of Florence, 2018-3002-0108

STRATEGIC INITIATIVE: Community Livability

RECOMMENDED MOTION

A motion to approve an Intergovernmental Agreement 2018-3002-0108 with the Town of Florence to provide support for the repair and maintenance of personal protective equipment and authorize the Mayor execute the necessary documents.

BACKGROUND/DISCUSSION

The Town of Florence has requested an Intergovernmental Agreement with Gilbert for the maintenance and repair of personal protective equipment on an as needed basis. Florence and Gilbert have developed a fee schedule and invoicing agreement for such services that is fair and adequately compensates Gilbert (Exhibit A). Additionally, Gilbert Fire and Rescue has determined that this service will not unduly create a hardship on current staff and resources or impede its ability to support our own functions.

The contract was reviewed by Diane Shannon, Purchasing Fiscal Specialist.

FINANCIAL IMPACT

There is no anticipated financial impact to the Town of Gilbert as the fee schedule established fairly and adequately will compensate for Gilbert for any services rendered.

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Financial impact reviewed by Laura Lorenzen, Management and Budget Analyst.

STAFF RECOMMENDATION

Staff recommends approval of IGA 2018-3002-0108 with Town of Florence for the repair and maintenance of personal protective equipment on an as needed basis and requests that the Mayor execute the required documentation.

Respectfully submitted,

Bob BadgettAssistant Fire Chief

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Approved By Approval Date

Jim Jobusch 10/18/2017 11:46:48 AMBreena Meng 10/23/2017 11:19:58 AMLaura Lorenzen 10/23/2017 9:34:32 AM

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INTERGOVERNMENTALAGREEMENT FOR SUPPORT SERVICES BETWEEN THE TOWN OF GILBERT AND THE

TOWN OF FLORENCE# 2018-3002-0108

DO NOT REMOVE

THIS IS PART OF THE OFFICIAL DOCUMENT

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#2018-3002-0108

INTERGOVERNMENTAL AGREEMENT FOR SUPPORT SERVICES BETWEEN THE TOWN OF GILBERT AND THE TOWN OF FLORENCE

THIS AGREEMENT ("Agreement") is entered into as of the _ day of , 2017 between the TOWN OF GILBERT, an Arizona municipal corporation (hereinafter "Gilbert"), and the TOWN OF FLORENCE, an Arizona municipal corporation (hereinafter "Florence"). Gilbert and Florence are referred to collectively in this Agreement as the "Parties" and each individually as a "Party".

RECITALS

WHEREAS, The Parties are authorized by A.R.S. §11-952 to enter into intergovernmental agreements to carry out municipal services; and

WHEREAS, Gilbert has the ability to provide services that support the cleaning, repair, and maintenance of personal protective equipment (“PPE”) equipment for the Florence Fire Department members; and

WHEREAS, Gilbert desires to provide the services required by Florence; and

WHEREAS, Florence has physical facilities and personnel in place to provide emergency services but lacks the resources needed to provide this service; and

WHEREAS, Florence will provide financial compensation for cleaning, repair, and maintenance of PPE.

AGREEMENT

NOW THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

PURPOSE AND AUTHORITY

1.1 Purpose. The purpose of this Agreement is to set forth the terms and conditions pursuant to which Gilbert will provide support services to Florence during the term of this Agreement.

1.2 Authority. The Parties acknowledge that this Agreement is being entered

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into pursuant to the Intergovernmental Agreement Statute, Section 11-952, Arizona Revised Statutes (“A.R.S.”)

1.3 Nothing in this Agreement shall be construed to mean that the Gilbert holds itself out as a provider of fire and emergency response services to residents in Florence. Gilbert’s obligations are limited by the terms of this Agreement to provide support services to Florence pursuant to the specific terms and conditions of this Agreement.

1.4 Effect on Prior Agreements. The Parties further understand that this Agreement supersedes any previous agreements between the Parties.

RESPONSIBILITIES OF GILBERT

1.5 Definition of "Support Services". Support services is defined as those activities that support the operations of the fire department, including but not limited to: equipment maintenance and repair.

1.6 Equipment Maintenance and Repair. Gilbert will perform maintenance and repair for Florence equipment typically used on fire apparatus and vehicles, including but not limited to: turnouts, boots, helmets, and gloves. In some cases Gilbert may be required to send equipment to the manufacturer or qualified service center for repairs.

1.7 Submittal of Invoices. Gilbert shall submit monthly invoices to Florence for all expenses on or before the 15th of the month following the month in which such expenses were incurred. Invoices will be calculated using the fee schedule outlined in Exhibit "A", plus an administrative fee if applicable. Any expenses incurred by Gilbert not covered in the fee schedule will be billed to Florence and are subject to the administrative fee.

1.8 Audit of Records. The parties agree to maintain and furnish to each other records and documents pertaining to the services provided under this Agreement as may be required by Federal, State and Local laws, rules and regulations. Florence may request an audit related to the services provided under this Agreement with thirty (30) days written notice to Gilbert. If the audit indicates that fees or billable items have been charged incorrectly, the appropriate corrections and adjustments will be made. Gilbert shall preserve all records related to the services provided under this Agreement for the time period set forth in its statutory retention schedule. The Parties acknowledge that all records related to this Agreement may be subject to disclosure pursuant to State law in response to a public records request or

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to a subpoena or other judicial process.

RESPONSIBILITIES OF FLORENCE

1.9 Payment of Invoices. Florence shall pay all invoices received from Gilbert within fifteen (15) days of receipt of such invoice.

1.10 Contract Administration and Liaison. The Florence Town Manager shall designate a contract administrator and point of contact for Gilbert. In addition, Florence shall identify liaisons that may be responsible for specific areas covered by this Agreement.

INDEMNIFICATION

1.11 Indemnity. To the extent permitted by law, Gilbert and Florence shall indemnify, defend and hold harmless each other, each other’s officers, employees, contractees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature relating to this Agreement which are the result of any intentional or negligent act or omission of the indemnitor or indemnitor’s officers, employees, contractees, agents and anyone acting under its direction or control.

1.12 Effect on Insurance Provisions. Insurance provisions set forth in this Agreement are separate and independent from the indemnity provisions of these paragraphs and shall not be construed in any way to limit the scope and magnitude of the indemnity provisions. The indemnity provisions of these paragraphs shall not be construed in any way to limit the scope and magnitude and applicability of the insurance provisions.

INSURANCE

1.13 Insurance Representations and Requirements. Each party shall maintain insurance coverage to insure against the risks associated with the duties to be performed by each party pursuant to the terms of the Agreement. The Parties further agree that they are not joint employers for the purpose of workers compensation coverage.

TERM OF THE AGREEMENT

1.14 Term. This Agreement shall commence upon execution and continue in

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force for a period of one year (the “Initial Term”), unless earlier terminated by formal act of the Parties. Following the Initial Term, this Agreement shall automatically renew for five (5) successive one (1) year terms.

1.15 Partial Termination. If any Party wishes to terminate its participation in this Agreement, it shall provide ninety (90) days written notice of the intent to terminate to the other Party’s Fire Chief.

GENERAL TERMS AND CONDITIONS

1.16 No Third-Party Beneficiaries. No term or provision of this Agreement is intended to, or shall, create any rights in any person, firm, corporation or other entity not a party hereto, and no such person or entity shall have any cause of action hereunder.

1.17 Workers’ Compensation. The Parties agree that it is the responsibility of each Party to ensure that its employees are notified in accordance with the provision of Arizona Workers’ Compensation Law, specifically, A.R.S. § 23-1022, or any amendment thereto, and that all such notices, as required by such laws, shall be posted accordingly. This agreement does not create a joint or employer/employee relationship between a Party and another Party’s employees.

1.18 Immigration Requirements. The Parties will comply with the Immigration Reform and Control Act of 1986 (“IRCA”) and will permit inspection of its personnel records to verify such compliance. To the extent applicable under A.R.S. § 41-4401, each Party warrants compliance with all federal immigration laws and regulations that relate to its employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). Each Party has the right to inspect the papers of the other Parties participating in this Agreement to ensure compliance with this paragraph. A Party’s breach of the above-mentioned warranty shall be deemed a material breach of the Agreement and may result in the termination of the Agreement by a non-breaching Party under the terms of this Agreement.

1.19 No Joint Venture. No term or provision in this Agreement is intended to create a partnership, joint venture or agency arrangement between any of the Parties.

1.20 Notices. Any notice to be provided to a Party or Parties to this Agreement shall be satisfied be sending a written letter by U.S. mail, certified, return receipt to the current fire chief of each respective Participant. Notice shall

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be deemed effective five days after mailing.

1.21 Cancelation for Conflicts of Interest. This Agreement is subject to cancellation pursuant to the provisions of A.R.S. § 38-511.

1.22 No Israel Boycott. In accordance with federal law, by entering into this Agreement, each Participant certifies that it is not currently engaged in, and agrees that for the duration of this Agreement to not engage in a boycott of Israel.

[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS HEREOF, the parties have executed this Agreement as of the date first set forth above.

TOWN OF GILBERT

By: _________________________________Jenn Daniels, Mayor

ATTEST:

By: ______________________________Lisa MaxwellTown Clerk

APPROVED AS TO FORM:

By: _______________________________Christopher W. Payne Town Attorney

TOWN OF FLORENCE

By: _________________________________________________, Mayor

ATTEST:

By: ______________________________

Town Clerk


By: _______________________________ Town Attorney

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EXHIBIT A

Equipment Maintenance and Repair: Turnouts, helmets, gloves and boots cleaning and inspection

Internal Rate: $79.50 per hourParts: cost + 26% handling feeOutside vendor: Invoice+ 5% to a maximum of$200.00PPE set inspected and cleaned $179.50 each

Supplies/Equipment PurchaseInternal Rate: $79.50 per hourSupplies & Equipment: Cost+ 26% handling feeOutside vendor: Invoice+ 5% to a maximum of$200.00

Station DeliveryInternal Rate: $79.50 per hour

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FROM: Tom Condit, PE, Development Engineer, 503-6815


SUBJECT: Resolution to approve a reimbursement agreement with BGV - Gilbert & Vaughn, LLC, related to roadway improvements on Vaughn Avenue.

STRATEGIC INITIATIVE: Infrastructure

This project supports Gilbert's Infrasructure Strategic Initiative as it improves the transportation infrastructure to meet the needs of Gilbert's residents and businesses.

RECOMMENDED MOTION

A motion to approve a reimbursement agreement with BGV - Gilbert & Vaughn, LLC, related to roadway improvements on Vaughn Avenue.


The Town requires a developer to construct “half-street” improvements adjacent to the developer’s property as a condition of development. The OHSO commercial project is being developed at the northeast corner of Gilbert and Vaughn, adjacent to the Town’s new proposed parking structure. Because OHSO’s development project is proceeding faster than the Town project, certain roadway improvements will be constructed by OHSO, allowing the Town to eliminate these items from the Town’s capital project. The improvements in question include demo of existing concrete, installation of new concrete (curb and gutter, sidewalk), storm drains, and landscaping, and “soft” costs, such as survey, dust control, water supply, traffic control, bonds and taxes. In considering the efficiency and cost savings, this partnering effort is a benefit to both parties.

Should the Town Council approve the attached Resolution approving this reimbursement agreement, the Vaughn Avenue improvements will be constructed in accordance with the Town’s desired streetscape theme for the Heritage District.

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The resolution was reviewed for form by Christopher W. Payne, Town Attorney.

FINANCIAL IMPACT

The agreement requires the developer to construct the improvements, and the Town to reimburse the developer based on actual costs incurred by the developer, in an estimated amount equal to 79% of the actual construction costs for these improvements. The reimbursement will be paid following the Town’s approval of the Vaughn Avenue improvements.

This project is included in the FY 2018-27 Capital Improvement Plan, under project RD211. The total reimbursement amount is expected to be approximately $86,000. Sufficient budget exists in the FY 2018 budget to reimburse the developer as proposed.

The financial impact was reviewed by Justine Bruno, Management and Budget Analyst.


Development Engineering staff have reviewed this Reimbursement Agreement,and recommends approval by the Town Council.


Tom Condit, PEDevelopment Engineer

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Kyle Mieras 10/23/2017 11:42:07 AMChris Payne 10/23/2017 5:36:11 PMJustine Bruno 10/23/2017 3:33:40 PM

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RESOLUTION NO. ________

A RESOLUTION OF THE COMMON COUNCIL OF THE TOWN OF GILBERT, ARIZONA, APPROVING A REIMBURSEMENT AGREEMENT WITH BGV GILBERT & VAUGHN, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, RELATED TO THE REIMBURSEMENT FOR CERTAIN IMPROVEMENTS TO BE CONSTRUCTED WITHIN THE TOWN; AND PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS.

WHEREAS, BGV Gilbert & Vaughn, LLC, (“Owner”) owns the real property located at the northeast corner of Gilbert Road and Vaughn Avenue (“Owner’s Property”), on which Owner is constructing a building and improving Vaughn Avenue (the “Project”); and

WHEREAS, the Town owns Vaughn Avenue directly adjacent to the south boundary of Owner’s Property, on which it is planning to construct roadway improvements; and

WHEREAS, Owner’s Project is scheduled to be completed in February 2018, which is before the Town’s anticipated construction schedule for Vaughn Avenue; and

WHEREAS, the Town and Owner have agreed that the Owner will construct the Town’s roadway improvements to Vaughn Avenue as part of the Project; and

WHEREAS, the Town and Owner desire to enter into a Reimbursement Agreement for the reimbursement to Owner by the Town for the construction costs of the Vaughn Avenue roadway improvements that otherwise would have been constructed by the Town; and

WHEREAS, the Town Council of the Town of Gilbert finds that entering into this Reimbursement Agreement is in the best interest of the Town.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF GILBERT, ARIZONA, that the Reimbursement Agreement between the Town and Owner, attached hereto as Exhibit A, be and is hereby approved and the Mayor is authorized and directed to execute said Reimbursement Agreement; and

FURTHER RESOLVED, that the Town Clerk be and she is hereby authorized and directed to record a copy of the Reimbursement Agreement with the Maricopa County Recorder within ten days after the date of its execution by the parties in accordance with the terms of the Agreement.

FURTHER RESOLVED, that all resolutions and parts of resolutions in conflict with this Resolution are hereby repealed.

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Resolution No. ______Page ___ of ____

PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF GILBERT, ARIZONA THIS 2nd DAY OF NOVEMBER, 2017.

AYES: __________________________________________________________

NAYES: ____________________________ ABSENT: ____________________

EXCUSED: __________________________ ABSTAINED: _________________

APPROVED this 2nd day of November, 2017

__________________________________Jenn Daniels, Mayor

ATTEST:

____________________________________Lisa Maxwell, Town Clerk


______________________________________Christopher W. Payne, Town Attorney

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17 of 17



FROM: Eric Braun, Water Resources Manager, 503-6892


SUBJECT: Contract No. 2018-4101-0043 with Willdan Financial Services for utility rate analysis and development

STRATEGIC INITIATIVE: Financial Plan

Modifications of Water, Wastewater, Reclaimed Water, Trash rates and fees to align revenues with expenses will allow these enterprise funds to maintain financial balance.

RECOMMENDED MOTION

A motion to:

A) approve Contract No. 2018-4101-0043 with Willdan Financial Services in an amount not to exceed $56,795 for utility rate analysis and development, and authorize the Mayor to execute the required documents.

B) authorize a contingency transfer from the Water Fund in the amount of $18,932 for Contract No. 2018-4101-0043.

C) authorize a contingency transfer from the Wastewater Water Fund in the amount of $18,932 for Contract No. 2018-4101-0043.

D) authorize a contingency transfer from the Environmental Services – Residential Fund in the amount of $9,466 for Contract No. 2018-4101-0043.

E) authorize a contingency transfer from the Environmental Services – Commercial Fund in the amount of $9,465 for Contract No. 2018-4101-0043.


As part of the annual budgeting process, the Office of Management and Budget updates the revenue and expense models for each of the enterprise funds. During the recent fiscal year update, the models have indicated that the Water, Wastewater and Environmental Services funds all need rate increases of differing sizes to balance the revenue with projected expenses. At the

666

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February 24, 2017 Town Council Financial Retreat, Council reviewed the fiscal health of the water, wastewater (including reclaimed water), and environmental services utilities and concerning rate adjustments that will be needed to keep the funds balanced with expenses over the next few years. Water and Wastewater rates have been unchanged since 2009, and Environmental Services rates were decreased in 2012.

Arizona statute requires that a public report be made available detailing the need for rate changes and supporting the proposed changes. Willdan Financial Services was selected through an official RFP process for the development of the rate structures as well as creating the required reports and supporting staff in public outreach throughout the process.

The contract calls for: Robust quality control and assurance that the proposed rates will recover the necessary

revenue for services provided, Two stakeholder meeting dates for citizen and business input, An online bill comparison tool for customers to see how proposed rate changes will

impact them, Comparison of rates to comparable communities, and All required reports for compliance with State law

Staff will keep Counsel informed about the development of the rate modifications. Willdan Financial Services will create options that comport with Town goals and guidelines and that meet the revenue goals of the utilities. Staff’s goal is to present options to Council at the March 2, 2018 financial retreat.

The contract was reviewed for form by Attorney Christopher W. Payne.

The contract was reviewed by Rick Rask, Contract Specialist and Doug Boyer, Purchasing Administrator.

FINANCIAL IMPACT

Sufficient contingency exists in the various Enterprise Funds for this purchase.

The financial impact was reviewed by Laura Lorenzen, Management and Budget Analyst.


Staff recommends:A) Approval of Contract No. 2018-4101-0043 with Willdan Financial Services in an amount

not to exceed $56,795 for utility rate analysis and development, and authorizing the Mayor to execute the required documents.

B) Authorizing a contingency transfer from the Water Fund in the amount of $18,932 for Contract No. 2018-4101-0043.

C) Authorizing a contingency transfer from the Wastewater Water Fund in the amount of $18,932 for Contract No. 2018-4101-0043.

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D) Authorizing a contingency transfer from the Environmental Services – Residential Fund in the amount of $9,466 for Contract No. 2018-4101-0043.

E) Authorizing a contingency transfer from the Environmental Services – Commercial Fund in the amount of $9,465 for Contract No. 2018-4101-0043.


Eric BraunWater Resources Manager

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Mary Goodman 10/23/2017 9:18:42 AMChris Payne 10/23/2017 5:06:23 PMLaura Lorenzen 10/23/2017 1:06:13 PMDouglas Boyer 10/23/2017 5:47:44 PM

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Services RFP Form No. 1.3.5 Revised August 2, 2013

AGREEMENT FOR SERVICES Contract No. 2018-4101-0043

THIS Agreement is entered into as of this _____ day of _______________, 2017, by and between the Town of Gilbert, Arizona, a municipal corporation, hereinafter referred to as “Gilbert” and Willdan Financial Services, hereinafter referred to as the “Contractor.” FOR THE PURPOSE of providing Utility Rate Structuring services for the Town of Gilbert, the Gilbert and Contractor do hereby mutually agree to the following: 1. SERVICES AND RESPONSIBILITIES 1.1 Retention of the Contractor. In consideration of the mutual promises contained in this Agreement, Gilbert engages the Contractor to render services set forth herein, in accordance with all the terms and conditions contained in this Agreement. 1.2 Scope of Services. The Contractor shall do, perform and carry out in a satisfactory and proper manner, as determined by Gilbert, the services set forth in this Agreement, including all exhibits (“Services”). The specific scope of work is set forth in Exhibit A. 1.3 Responsibility of the Contractor. 1.3.1 Contractor hereby agrees that the documents and reports prepared by Contractor will fulfill the purposes of the Contract, shall meet all applicable code requirements and shall comply with applicable laws and regulations. In addition, and not as a limitation on the foregoing, such documents and reports prepared by Contractor shall be prepared in accordance with professional standards, as applicable. Any review or approval of said documents and reports does not diminish these requirements. 1.3.2 Contractor shall tour the Services site and become familiar with existing conditions, including utilities, prior to commencing the Services and notify Town of any constraints associated with the Services site. 1.3.3 Contractor shall procure and maintain during the course of this Agreement insurance coverage required by Paragraph 4 of this Agreement. 1.3.4 Contractor shall designate Kevin Burnett as his Contractor Representative and all communications shall be directed to him. Key Contractor Personnel are set forth in Exhibit B. “Key Personnel” includes the Contractor employee who will place his license number and signature on key documents and those employees who have significant responsibilities regarding the Services and Project. Prior to changing such designation Contractor shall first obtain the approval of Gilbert. 1.3.5 Contractor's subcontractors are identified in Exhibit B. Any modification to the list of Subcontractors on Exhibit B, either by adding, deleting or changing subcontractors, shall require the written consent of Gilbert.

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1.3.6 Contractor shall obtain its own legal, insurance and financial advice regarding Contractor's legal, insurance and financial obligations under this Agreement. 1.3.7 Contractor shall coordinate its activities with Gilbert’s Representative and submit its reports to Gilbert’s Representative. 1.3.8 Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, and transportation, and other facilities and services necessary for the proper execution and completion of the Services. Contractor shall provide and pay for and insure all equipment necessary for the Services. 1.3.9 Contractor shall obtain and pay for all business registrations, licenses, permits, governmental inspections and governmental fees necessary and customarily required for the proper execution and completion of Services. Contractor shall pay all applicable taxes. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Services. 1.4 Responsibility of Gilbert. 1.4.1 Gilbert shall cooperate with the Contractor by placing at his disposal all available information concerning the Services. Town agrees to obtain its own legal, insurance and financial advice Town may require for the Project. 1.4.2 Gilbert designates Eric Braun as its Gilbert Representative. All communications to Gilbert shall be through its Gilbert Representative. Phone – 480.503.6892 and Email – [email protected]. 1.5 Contract Term; Renewal. 1.5.1 Contract Term; Renewal. If funds for this Contract are not appropriated or budgeted by July 1, 2017, Gilbert may terminate this contract by giving written notice to Contractor. Otherwise, the Contract commences upon execution of the Contract and continues through June 30, 2018. The Contract may be renewed for up to three (3) additional 1-year terms upon mutual agreement of the parties. The Contract may be renewed upon written approval of Gilbert’s Purchasing Officer if: (1) the renewal Contract amount does not exceed $100,000; or (2) the original prices remain in effect during the renewal term. If at least 60 days prior to the end of the original term the Contractor requests a price adjustment, Contractor shall submit evidence of increased costs to the Contractor. Any price adjustment shall be in the sole discretion of Gilbert and shall not exceed the amount of increased cost to the Contractor. Price adjustment requests shall be a factor in the Contract extension review process. A price adjustment less than 10% of the original contract price may be approved by the Purchasing Officer. The Gilbert Council must approve renewal in all other cases. Any renewal shall be in writing and shall expressly state the prices for the services during the renewal term. Any renewal shall be contingent on funds being appropriated or budgeted for the renewal term.

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1.5.2 The Schedule of Services is set forth in Exhibit C. If this Contract is renewed, a new Schedule of Services may be mutually agreed upon. 2. COMPENSATION AND METHOD OF PAYMENT 2.1 Compensation. All compensation for complete and satisfactory completion of services rendered by Contractor, including its subcontractor(s), shall be set forth in Exhibit D and shall not exceed $56,795.00. This fee includes three (3) public, council, and/or stake holder meetings. 2.2 Method of Payment. Method of payment shall be set forth in Exhibit D. If payment is to be made monthly, Contractor shall prepare monthly invoices and progress reports which clearly indicate the progress to date and the amount of compensation due by virtue of that progress. All invoices shall be for services completed. 2.3 Invoices. Gilbert reserves the right to deduct up to ten percent (10%) from the invoiced amount for any invoice submitted more than sixty (60) days after the Services are completed. Invoices for the month of July shall be submitted on or before August 1st. Invoices submitted after the close out of the fiscal year (August 1st) shall not be paid by Gilbert. 2.4 The Contractor shall provide to Gilbert its completed W-9 Form prior to receipt of any Compensation. 2.4 Taxes. Contractor will be responsible for and shall pay all sales, consumer, use, and other taxes. When equipment, materials or services generally taxable to the Contractor are eligible for a tax exemption, credit or deduction due to the nature of the item, at Contractor's request, Gilbert will assist Contractor in applying for and obtaining the same. 3. CHANGES TO THE SCOPE OF SERVICES 3.1 Change Orders. Gilbert may, at any time, and by written change order, make changes in the services to be performed under this Agreement. A form of change order is attached hereto as Exhibit E. If such changes cause an increase or decrease in the Contractor's cost or time required for performance of any services under this Agreement, an equitable adjustment shall be made and the Agreement shall be modified in writing accordingly. Any claim of the Contractor for adjustment under this clause must be submitted in writing within thirty (30) days from the date of receipt by the Contractor of the notification of change. It is distinctly understood and agreed by the parties that no claim for extra services provided or materials furnished by Contractor will be allowed by Gilbert except as provided herein, nor shall Contractor provide any services or furnish any materials not covered by this Agreement unless Gilbert first approves in writing.

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3.2 Emergency Response. 3.2.1 Response. Gilbert is an emergency response organization. Contractor services or supplies may be required in case of an emergency involving a sudden, immediate threat of danger to the public health, welfare or property in Gilbert (“local emergency”) or in the case where the Mayor of Gilbert, the mayor or governing body of another municipality in Maricopa County, the Maricopa County Board of Supervisors, the State, or the President of the U.S. has declared an emergency (“State of Emergency”). In the event of a local emergency or State of Emergency, Gilbert may require Contractor to provide services or supplies as rapidly as possible and to such locations as directed by Gilbert when necessary to protect the public health and welfare and/or property. Contractor shall not be required to respond to the extent response is not feasible due to Acts of God or other factors beyond its control.

3.2.2 Emergency Contact. Contractor shall provide the designated Gilbert Emergency Management Coordinator at (480) 503-6333 and the designated Gilbert representative with a contact point (name, cell phone number, e-mail and facsimile number) who can be reached on a 24 hour/7 days a week basis so that effective response can be initiated. Contractor’s contact person(s) must be able to communicate with Gilbert within one (1) hour from the time the contact person is telephoned by Gilbert.

3.2.3 Payment. Contractor shall be paid a premium not to exceed 10% above the standard contract prices for any services or supplies provided in the case of an emergency, at Gilbert’s direction, and shall be entitled to reimbursement of expenses not covered by the standard contract prices at a premium not to exceed 10% above actual expenses. In considering the premium to be paid, Gilbert shall consider the good-faith efforts of Contractor to respond, the timeliness of response, and any other factors deemed relevant by either of the parties. If Gilbert believes Contractor’s response was adequate, the full 10% premium will be paid; if not, Gilbert, in its reasonable discretion, will pay a lesser premium. 4. INSURANCE REPRESENTATIONS AND REQUIREMENTS 4.1 General. Contractor agrees to comply with all Gilbert ordinances and state and federal laws and regulations. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies duly licensed by the State of Arizona (admitted insurer) with an AM Best, Inc. rating of A-7 or above or an equivalent qualified unlicensed insurer by the State of Arizona (non-admitted insurer) with policies and forms satisfactory to Gilbert. Failure to maintain insurance as specified may result in termination of this Agreement at Gilbert’s option.

4.2 No Representation of Coverage Adequacy. By requiring insurance herein, Gilbert does not represent that coverage and limits will be adequate to protect Contractor. Gilbert reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement, but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement.

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4.3 Additional Insured. All insurance coverage and self-insured retention or deductible portions, except Workers Compensation insurance and Professional Liability insurance if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, Gilbert, its agents, representative, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. 4.4 Coverage Term. All insurance required herein shall be maintained in full force and effect until all Services required to be performed under the terms of this Agreement is satisfactorily performed, completed and formally accepted by Gilbert, unless specified otherwise in this Agreement. 4.5 Primary Insurance. Contractor’s insurance shall be primary insurance as respects performance of subject contract and in the protection of Gilbert as an Additional Insured. 4.6 Claims Made. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three (3) years past completion and acceptance of the Services evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. 4.7 Waiver. All policies, including Workers’ Compensation Insurance, shall contain a waiver of rights of recovery (subrogation) against Gilbert, its agents, representative, officials, directors, officers, and employees for any claims arising out of the Services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. 4.8 Policy Deductibles and or Self Insured Retentions. The policies set forth in these requirements may provide coverage, which contain deductibles or self insured retention amounts. Such deductibles or self insured retention shall not be applicable with respect to the policy limits provided to Gilbert. Contractor shall be solely responsible for any such deductible or self insured retention amount. Gilbert, at its option, may require Contractor to secure payment of such deductible or self insured retention by a surety bond or irrevocable and unconditional Letter of Credit. 4.9 Use of Subcontractors. If any Services under this Agreement are subcontracted in any way, Contractor shall execute written agreement with Subcontractor containing the same Indemnification Clause and Insurance Requirements set forth herein protecting Gilbert and Contractor. Contractor shall be responsible for executing the agreement with Subcontractor and obtaining Certificates of Insurance verifying the insurance requirements. 4.10 Evidence of Insurance. Prior to commencing any Services under this Agreement, Contractor shall furnish Gilbert with Certificate(s) of Insurance, or formal endorsements as required by this Agreement, issued by Contractor’s Insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions, and limits of coverage specified in this Agreement, and that such coverage and provisions are in full

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force and effect. Acceptance and reliance by Gilbert on a Certificate of Insurance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. Such Certificate(s) shall identify the Agreement and be sent to Gilbert Risk Manager. If any of the above cited policies expire during the life of this Agreement, it shall be Contractor’s responsibility to forward renewal Certificates within ten (10) days after the renewal date containing all the aforementioned insurance provisions. Certificates shall specifically cite the following provisions: 4.10.1 Gilbert, its agents, representatives, officers, directors, officials and employees is an Additional Insured as follows:

a. Commercial General Liability-Under ISO Form CG 20 10 11 85 or equivalent.

b. Auto Liability-Under ISO Form CA 20 48 or equivalent. c. Excess Liability-Follow Form to underlying insurance.

4.10.2 Contractor’s insurance shall be primary insurance as respects performance of this Agreement. 4.10.3 All policies, including Workers’ Compensation, waive rights of recovery (subrogation) against Gilbert, its agents, representatives, officers, directors, officials and employees for any claims arising out of Services performed by Contractor under this Agreement. 4.10.4 Certificate shall cite a thirty (30) day advance notice cancellation provision. If ACORD Certificate of Insurance form is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 4.11 Required Coverage: 4.11.1 Commercial General Liability: Contractor shall maintain “occurrence” from Commercial Liability Insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate, and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as Insurance Services Office, Inc. policy form CG 00 010 93 or equivalent thereof, including, but not limited to, separation of insured clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, Gilbert, its agents, representative, officers, directors, officials and employees shall be cited as an Additional Insured Endorsement form CG 20 10 11 85 or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you”. If any Excess insurance is utilized to fulfill the requirements of this paragraph, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance.

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4.11.2 Professional Liability: Contractor shall maintain Professional Liability insurance covering errors and omissions arising out of the Services performed by Contractor, or anyone employed by Contractor, or anyone for whose acts, mistakes, errors and omissions Contractor is legally liable, with an unimpaired liability insurance limit of $1,000,000 each claim and $2,000,000 all claims. Professional Liability coverage specifically shall contain contractual liability insurance covering the contractual obligations of this Agreement. In the event the Professional Liability insurance policy is written on a “claims made” basis, coverage shall extend for three (3) years past completion and acceptance of the Services, and Contractor shall be required to submit Certificates of Insurance evidencing proper coverage is in effect as required above. 4.11.3 Vehicle Liability: Contractor shall maintain Business Automobile Liability Insurance with a limit of $1,000,000 each occurrence on Contractor’s owned, hired, and non-owned vehicles assigned to or used in the performance of the Contractor’s Services under this Agreement. Coverage will be at least as broad as Insurance Services Office, Inc., coverage code “1” any auto policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of performance of this Agreement, Gilbert, its agents, representative, officers, directors, officials and employees shall be cited as an Additional Insured under the Insurance Service Offices, Inc. Business Auto Policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this paragraph, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. 4.11.4 Workers’ Compensation Insurance: Contractor shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance Services under this Agreement, and shall also maintain Employer Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 5. INDEMNIFICATION 5.1 To the fullest extent permitted by law, the Contractor, its successors, assigns and guarantors, shall pay, defend, indemnify and hold harmless Gilbert, its agents, officers, officials and employees from and against all demands, claims, proceedings, suits, damages, losses and expenses (including, but not limited to, attorney fees, court costs, and the cost of appellate proceedings), and all claim adjustment and handling expenses, relating to, arising out of, or alleged to have resulted from negligent or other wrongful acts, errors, mistakes, omissions, in the performance of the Services caused by the Contractor, its agents, employees or any tier of Contractor’s subcontractors related to the Services in the performance of this Agreement. Contractor’s duty to defend, hold harmless and indemnify Gilbert, its agents, officers, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, caused by Contractor’s acts, errors, mistakes, omissions, Services in the performance of this Agreement, including any employee of the Contractor, any tier of Contractor’s subcontractor or any other person for whose acts, errors,

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mistakes, omissions, Services the Contractor may be legally liable, including Gilbert. Such indemnity does not extend to Gilbert’s negligence. 5.2 Insurance provisions set forth in this Agreement are separate and independent from the indemnity provisions of this paragraph and shall not be construed in any way to limit the scope and magnitude of the indemnity provisions. The indemnity provisions of this paragraph shall not be construed in any way to limit the scope and magnitude and applicability of the insurance provisions. 6. TERMINATION OF THIS AGREEMENT 6.1 Termination. Gilbert may, by written notice to the Contractor, terminate this Agreement in whole or in part with seven (7) days’ notice, either for Gilbert's convenience or because of the failure of the Contractor to fulfill his contract obligations. Upon receipt of such notice, the Contractor shall: (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to Gilbert copies of all data, drawings, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Contractor in performing this Agreement, whether completed or in process. This Agreement may be terminated in whole or in part by the Contractor in the event of substantial failure by Gilbert to fulfill its obligations. 6.2 Payment to Contractor Upon Termination. If the Agreement is terminated, Gilbert shall pay the Contractor for the services rendered prior thereto in accordance with percent completion at the time work is suspended minus previous payments. 7. ASSURANCES 7.1 Solicitations for Subcontractors, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for Services to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and any Regulations relative to nondiscrimination on the grounds of race, color or national origin. 7.2 Examination of Records. The Contractor agrees that duly authorized representatives of Gilbert shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Agreement. 7.3 Ownership of Documents and Other Data. Original documents and other data prepared or obtained under the terms of this Agreement or any change order are and will remain the property of Gilbert unless otherwise agreed to by both parties. Gilbert may use such documents for other purposes without further compensation to the Contractor; however, any reuse without written verification or adaptation by Contractor for the specific purpose intended will be at Gilbert's sole risk and without liability or legal exposure to Contractor. Any verification or adaptation of the documents by Contractor for other purposes than contemplated herein will entitle Contractor to further compensation as agreed upon between the parties.

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7.4 Litigation. Should litigation be necessary to enforce any term or provision of this Agreement, or to collect any damages claimed or portion of the amount payable under this Agreement, all litigation and collection expenses, witness fees, court costs, and reasonable attorneys' fees incurred shall be paid to the prevailing party. 7.5 Independent Contractor. This Contract does not create an employee/employer relationship between the parties. It is the parties’ intention that the Contractor will be an independent contractor and not Gilbert’s employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the Internal Revenue Code, the Immigration and Naturalization Act, Arizona revenue and taxation laws, Arizona Workers’ Compensation Law, and Arizona Unemployment Insurance Law. The Contractor agrees that it is a separate and independent enterprise from Gilbert, that it has a full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Contract shall not be construed as creating any joint employment relationship between the Contractor and Gilbert, and Gilbert will not be liable for any obligation incurred by the Contractor, including, but not limited to, unpaid minimum wages and/or overtime premiums. [FOR SOLE PROPRIETORS ONLY: The Contractor shall execute the Sole Proprietor’s Waiver of Workers’ Compensation Benefits attached hereto and incorporated by reference.] 7.6 Immigration Law Compliance Warranty. As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor verifies the employment eligibility of the employee through the E-Verify program. If Contractor uses any subcontractors in performance of the Work, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Contract that is subject to penalties up to and including termination of the Contract. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. Gilbert, at its option, may terminate the Contract after the third violation. Contractor shall not be deemed in material breach of this Contract if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). Gilbert retains the legal right to inspect the papers of any Contractor or subcontractor employee who works on the Contract to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the parties may modify this paragraph consistent with state law.

7.7 Equal Treatment of Workers. Contractor shall keep fully informed of all federal and state laws, county and local ordinances, regulations, codes and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any way affect the conduct of the Services. Contractor shall at all times observe and comply with all such laws, ordinances,

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regulations, codes, orders and decrees; this includes, but is not limited to, laws and regulations ensuring equal treatment for all employees and against unfair employment practices, including the Occupational Safety and Health Administration (“OSHA”) and the Fair Labor Standards Act (“FLSA”). Contractor shall protect and indemnify Gilbert and its representatives against any claim or liability arising form or based on the violation of such, whether by Contractor or its employees. 7.8 Sole Agreement. There are no understandings or agreements except as herein expressly stated. 7.10 Notices. Any notice to be given under this Agreement shall be in writing, shall be deemed to have been given when personally served or when mailed by certified or registered mail, addressed as follows: GILBERT: CONTRACTOR: Town Manager Kevin Burnett Town of Gilbert 1440 E Missouri Ave 50 East Civic Center Drive Suite C170 Gilbert, Arizona 85296 Phoenix, AZ 85014 The address may be changed from time to time by either party by serving notices as provided above. 7.11 Controlling Law. This Agreement is to be governed by the laws of the State of Arizona. 8. SUSPENSION OF WORK 8.1 Order to Suspend. Gilbert may order the Contractor, in writing, to suspend all or any part of the Services for such period of time as he may determine to be appropriate for the convenience of Gilbert. 8.2 Adjustment to Contract Fee. If the performance of all or any part of the Services is, for any unreasonable period of time, suspended or delayed by an act of Gilbert in the administration of this Agreement, or by its failure to act within the time specified in this Agreement (or if no time is specified, within a reasonable time), an adjustment shall be made for any increase in cost of performance of this Agreement necessarily caused by such unreasonable suspension or modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension or delay to the extent (1) that performance was suspended or delayed for any other cause, including the fault or negligence of the Contractor, or (2) for which an equitable adjustment is provided for or excluded under any other provision of this Agreement. 9. INTERESTS AND BENEFITS 9.1 Interest of Contractor. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree

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EXHIBIT A SCOPE OF WORK

Background: Gilbert, Arizona has a population of nearly 250,000 and is a rapidly growing community. The municipally run utilities serve approximately 84,000 water customers, 75,000 wastewater customers, 60 reclaimed water customers and 77,000 solid waste customers. The Gilbert Town Council has a policy of maintaining these utilities as enterprise funds, which requires them to each be financially self-sufficient. The last rate increase for these utilities was in 2009, and the rate structures have not been changed in over a decade, and can be found at: https://www.gilbertaz.gov/departments/finance-mgmt-services/utilities/rates. As services have changed and grown with the Town, there is a need to review the structures and fees associated with these services, as well as to collect additional revenue. Objective: Gilbert operates water, wastewater, reclaimed water, environmental services (trash) residential and commercial utilities. In addition, Gilbert maintains environmental compliance programs which operate within the environmental services residential fund. Gilbert maintains a financial model that indicates these enterprise funds require additional revenue within the 5 year planning window. The Contractor will assist in developing options for revenue recovery of each utility, which includes rate structure modification to better align the cost of service with the rates and fees charged for those services. The rate and fee study shall align with Gilbert’s stated guiding principles of:

customer service financial sufficiency to operate without subsidy equity among customer classes promotion of efficient use, and maintaining simplicity and ease of understanding for customers.

Tasks:

1. Facilitate project orientation with Gilbert staff 2. Cost of service rate model

a. Review existing rate structures, financial data, billing data from FY2017. b. Conduct workshop or interviews with Gilbert staff to identify future revenue

requirements, concerns with existing rate and fee structures, and new structure options.

c. Using accepted industry standards, develop a cost of service study that allocates costs to appropriate users.

d. Propose rate structure options to fully fund each utility which align with Gilbert’s goals as provided during staff interviews and workshops and align with the cost of service study.

e. Evaluate options for independently funding the environmental compliance programs.

f. Facilitate a rate model workshop with Gilbert staff and run live scenarios for comparison and analysis of impacts to user classes. Demonstrate revenue generation accuracy.

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https://www.gilbertaz.gov/departments/finance-mgmt-services/utilities/rates


g. Develop sensitivity/impact analysis for all customer classes as well as customers selected by Gilbert staff.

3. Rate study report and communication a. Develop a study report that substantiates the proposed rate modifications,

consistent with ARS 9-499.15 & 9-511.01 requirements. b. Prepare materials for stakeholder meetings, including: customer bill calculators,

presentations, benchmark comparisons of similar municipal utilities, talking points.

c. Assist Gilbert staff at customer/stakeholder meetings. d. Assist Gilbert staff, as needed, presenting to management and council.

The tasks outlined in the Contractor’s Proposal submitted on October 11, 2017 under the

heading of “Work Plan”, pages 16-19, are also hereby incorporated in to this contract. Project Timeline: Notice to Proceed November, 2017 Staff presentation of Notice Of Intent to Council March, 2018 Possible rate adoption by Town Council May, 2018

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EXHIBIT B CONTRACTOR’S KEY PERSONNEL AND SUBCONTRACTORS

KEY PERSONNEL: Willdan Financial Services Kevin Burnett 1440 East Missouri Ave. Suite C170 Phoenix, AZ 85014

Office Phone – 602.861.8444 Cell Phone – 720.907.1820 Email Address – [email protected] SUBCONTRACTORS: MSW Consultants John Culbertson Pat Walker Consulting Pat Walker

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mailto:[email protected]


EXHIBIT C SCHEDULE OF SERVICES

Reference Exhibit A, Scope of Work.

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EXHIBIT D PAYMENT SCHEDULE

A. Compensation

1. The consideration of payment to Contractor, as provided herein shall be in full compensation for all of Contractor’s work incurred in the performance hereof, including offices, travel, per diem or any other direct or indirect expenses incident to providing the services.

2. Contractor’s fee shall not exceed $56,795.00

B. Method of Payment Monthly invoices shall be on a form and in the format provided by Gilbert and are to be submitted in triplicate to Gilbert via Gilbert’s authorized representative.

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FROM: Bob Badgett, Assistant Fire Chief, 503-6334


SUBJECT: Pierce Manufacturing Purchase Order


RECOMMENDED MOTION

A motion to approve:

Contract #2018-3002-0115 with Pierce Manufacturing Inc. in an amount of $2,492,311.26 to provide fire apparatus services, materials and/or equipment and to purchase one (1) Pierce Quantum Fire Pumper, one (1) Pierce Velocity 107’ Ascendant Ladder Apparatus, and one (1) Pierce Enforcer Encore Rescue Air Light unit and authorize the Mayor to execute the required documents. BACKGROUND/DISCUSSION

Fire pumpers, ladders, and utility vehicles are essential to providing emergency services to the community. A number of factors influence the expected and actual life span of a fire apparatus. The experienced service life span of fire apparatus in Gilbert is approximately 15 years, but the actual life span is influenced by a number of factors. The apparatus being replaced have met established replacement criteria.

Gilbert currently has two (2) Ladder Tenders that have reached the end of their useful life and are scheduled for replacement. The replacement cost for each unit was budgeted to be $600,000.00. After reviewing current operational needs, it was determined Gilbert could better meet deployment needs through the purchase of one ladder in lieu of the two ladder tenders..

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Gilbert is currently building Fire Station 9. Part of the CIP budget for this project included the money for the purchase of a fire pumper to coincide with the opening of this station. Pierce Job #JC419 for a Quantum Pumper will be associated with this CIP budget package.

Gilbert Fire’s Air/Light support vehicle was purchased in 2003 and is being recommended for replacement. This unit will be moved to reserve status to support ongoing operations during maintenance and repair of the new vehicle.

The proposal is an agreement to purchase Fire Apparatus Services, Materials and/or Equipment pursuant to a contract between Pierce Manufacturing Inc. and the Town of Gilbert.

Gilbert has been purchasing Pierce fire apparatus for the past 29 years. This has proven to be efficient, economical and cost effective through greater reliability and ease of repair and operation.

To date, the Fire and Rescue Department is 100% standardized with Pierce pumper and aerial apparatus with low cost per mile, limited down time and increased reliability.

There are many advantages to fleet standardization. A few examples are as follows: Due to familiarization of apparatus, down time is minimized and labor cost is reduced; The number of different parts required for repair and maintenance are minimized, thus

inventory cost is reduced; Because the apparatus would be standardized and have all the same systems in the same

locations, training and operations for fire mechanics and firefighters would require less time and be more cost effective;

Increased familiarity would result in increased safety for fire mechanics and suppression personnel;

There would be only one vendor for service and warranty issues.

The City of Mesa has been purchasing Pierce fire apparatus for several years. A staff report in 2014 indicated the service life of their apparatus had increased by 33% as a result. Also, their actual apparatus repair parts costs were lower than projected.

Pierce Manufacturing currently has cooperative purchasing agreement #VH11574 with the Public Procurement Authority (Fire GPO) that was established based on formal public competition. Per 2-357 (b) (2) of the Gilbert Purchasing Code, cooperative contracts may be used where the Purchasing Officer has determined in writing that a separate bidding process is not likely to result in lower prices for this equipment. The Purchasing Officer has made this determination.

Doug Boyer, Purchasing Administrator, has approved the cooperative purchasing agreement with Public Procurement Authority #VH11574.

Staff is requesting Council approve entering into the Contract and pursuant to the Contract authorize the purchase of the three fire apparatus described above.

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The contract was reviewed by Attorney Breena Meng.

The contract was reviewed by Diane Shannon, Contract Specialist and Doug Boyer, Purchasing Administrator.

FINANCIAL IMPACT

The request is for $2,492,311.26 for the replacement of one (1) fire pumper, one (1) fire ladder truck and one (1) Air/Light unit as detailed in the attachments.

Vehicle Replacement Funds: $1,711,707.92CIP #MF-023 (7013-0023): $780,603.34



Staff recommends entering into Contract #2018-3002-0115 with Pierce Manufacturing Inc., for the purchase of one (1) Pierce Quantum Fire Pumper, one (1) Pierce Velocity 107’ Ascendant, and one (1) Pierce Enforcer Encore Rescue Air Light unit in the amount of $2,492,311.26


Bob BadgettAssistant Fire Chief

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Jim Jobusch 10/18/2017 11:58:57 AMBreena Meng 10/23/2017 11:19:05 AMLaura Lorenzen 10/23/2017 9:48:52 AMDouglas Boyer 10/23/2017 2:01:27 PM

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Form No. 1.3.9 Cooperative Purchasing Agreement (non-State) Revised: August 22, 2013

AGREEMENT TO PROVIDE SERVICES/SUPPLIES PURSUANT TO A

COOPERATIVE PURCHASING CONTRACT Contract No. 2018-3002-0115

This Agreement is made and entered into by and between the Town of Gilbert, Arizona, a municipal corporation, hereinafter designated as “Gilbert” and Pierce Manufact5uring, Inc. hereinafter designated as the “Contractor.” Recitals:

A. Contractor has contracted with the Public Procurement Authority to provide Fire Apparatus sales, services, materials and/or equipment pursuant to Contract No. VH11574 (the Cooperative Purchasing Contract); and B. Pursuant to A.R.S. § 41-2631 et seq. and Gilbert Municipal Code § 2-357, Gilbert has authority to utilize cooperative purchasing contracts and engage contractors under the terms thereof.

CONTRACTOR AND GILBERT, FOR THE CONSIDERATION

HEREINAFTER SET FORTH, PROMISE, COVENANT AND AGREE AS FOLLOWS: 1. Scope of Work.

1.1 Contractor shall provide the following services, materials and/or equipment: Sale and/or service of Fire Apparatus as described in the Cooperative Purchasing Contract documents attached hereto as Exhibit A, which are incorporated herein by reference. As used in this Contract, all references to the Public Procurement Authority shall mean the Town of Gilbert, Arizona. 1.2 Contractor shall comply with all specific requirements and/or options of Gilbert, as specified in Exhibit B attached hereto and incorporated herein by reference. 2. Completion of Work. The Contractor shall complete all work set forth in the Scope of Work on or before the dates specified in the proposals for each individual piece of equipment as specified in Exhibit B. 3. Payment. The Contract Fee is $2,492,311.26. Payment to the Contractor for the services, materials and/or equipment provided, shall be made in accordance with the price list and terms set forth in the Cooperative Purchasing Contract.

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Form No. 1.3.9 Cooperative Purchasing Agreement (non-State) Revised: August 17, 2017CWP

4. Terms of Cooperative Purchasing Contract Apply. All provisions of the Cooperative Purchasing Contract documents are incorporated in and shall apply to this Contract as though fully set forth herein, except as otherwise provided for in this Agreement. 5. Contract Term and Renewal. If funds for this Contract are not appropriated or budgeted by July 1, 2017, Gilbert may terminate this contract by giving written notice to Contractor. Otherwise, the term of this Contract shall commence upon approval and continue through August 13, 2018, with an option of the Town to renew for two (2) additional one (1) year terms. If this Contract is renewed, the Contract fee shall be adjusted as provided for in the Cooperative Purchasing Contract. The Gilbert Purchasing Officer has authority to approve any renewal provided that: (1) the Contract amount does not exceed $100,000; (2) the original prices remain in effect during the Renewal Term; or (3) the contract unit pricing does not increase or the contract pricing is adjusted pursuant to the terms and conditions of the Cooperative Purchasing Contract. Any renewal shall be contingent on funds being appropriated or budgeted for the renewal term.

6. Certificates of Insurance. All insurance provisions of the Cooperative Purchasing Contract shall apply, including without limitation, the requirement to name the Town as an additional insured. Prior to commencing work under this Contract, Contractor shall furnish the Town with Certificates of Insurance, or formal endorsements as required by the Contract, issued by the Contractor’s insurer(s) as evidence that policies providing the required coverages, conditions and limits required by this Contract are in full force and effect. IN WITNESS WHEREOF, the parties have hereunto subscribed their names this _____ day of _______________, 20___. TOWN OF GILBERT: CONTRACTOR: By: ____________________ By: ____________________ Mayor Title: ___________________ ATTEST: ________________________ Lisa Maxwell Town Clerk APPROVED AS TO FORM: _______________________ Christopher W. Payne Town Attorney

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EXHIBIT A

CONTRACT OF OTHER GOVERNMENTAL ENTITY

See Attached Public Procurement Authority Contract #VH11574

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First Amendment Price List has been removed, but is available upon request. Current price list is included in the Attachment A in the Amendment set forth at the beginning of this document.

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ATTACHMENT A

to Master Price Agreement by and between VENDOR and PURCHASER.

PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES

Original Price List has been removed but is available upon request. Current Price List is included in Attachment A in the Amendment set forth at the beginning of this document.

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ATTACHMENT B

to Master Price Agreement by and between VENDOR and PURCHASER.

ADDITIONAL SELLER WARRANTIES

To the extent possible, Vendor will make available all warranties from third party manufacturers of Products not manufactured by Vendor, as well as any warranties identified in this Agreement and Vendor’s Proposal.

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REVISED v2_GPO_Base Specs and Option Listing_2017 Price Increase_PUBLIC.xlsx MASTER BASE SPECS

ID # DESCRIPTION PRICE

1.1 Saber FR, Alum, Single, 1500 Pump, 75’ HD Aluminum ladder Quint $688,322.00

1.2 Arrow XT , Alum, Single, 1500 Pump, 75’ HD, Aluminum Ladder, Quint $751,058.00

1.3 Arrow XT , Alum, Tandem, 1500 Pump, 105’ HD Steel Ladder, Quint $860,820.00

1.4 Arrow XT , Alum, Tandem, No Pump, 105’ HD Steel Ladder $795,287.00

1.5 Arrow XT , Alum, Single, 100’ HD Steel Ladder, Tiller $976,286.00

1.6 Arrow XT , Alum, Tandem, 1500 Pump, 75’ HD Steel Ladder, Quint $762,294.00

1.7 Arrow XT , Alum, Single, 1500 Pump, 75’ HD Steel Ladder, Quint $740,976.00

1.8 Arrow XT , Alum, Tandem, 1500 Pump, 100’ HD Aluminum Ladder, Quint $915,538.00

1.9 Arrow XT, Alum, Tandem, No Pump, 100’ HD Aluminum Ladder $851,184.00

1.10 Arrow XT, Alum, Tandem, 1500 Pump, 85’ Steel Platform, Quint $944,688.00

1.11 Arrow XT, Alum, Tandem, No Pump, 85’ Steel Platform $877,853.00

1.12 Arrow XT, Alum, Tandem, 1500 Pump, 100’ Steel Platform, Quint $1,030,412.00

1.13 Arrow XT, Alum, Tandem, No Pump, 100’ Steel Platform $956,389.00

1.14 Arrow XT, Alum, Tandem, 1500 Pump, 100’ Aluminum Platform, Quint $1,096,757.00

1.15 Arrow XT, Alum, Tandem, No Pump, 100’ Aluminum Platform $1,023,601.00

1.16 Arrow XT, Alum, Tandem, 2000 Pump, 95’ Mid-Mount Steel Platform $1,090,054.00

1.17 Arrow XT, Alum, Tandem, No Pump, 95’ Mid-Mount Steel Platform $1,022,895.00

1.18 Arrow XT, Alum, Tandem, 2000 Pump, 100’ Mid-Mount Steel Ladder, Quint $962,136.00

1.19 Arrow XT, Alum, Tandem, No Pump, 100’ Mid-Mount Steel Ladder $896,298.00

1.20 Saber FR, Alum, Single, 1250 Pump, 61’/55/ Sky-Boom $571,998.00

1.21 Arrow XT, Alum, Single, 1250 Pump, 61’/55/ Sky-Boom $634,438.00

1.22 Impel, Alum, Single, 1250 Pump, 50' Snozzle $594,321.00

1.23 Saber FR, Alum, Single, 1500 Pump, 50’ Snozzle $558,702.00

1.24 Arrow XT, Alum, Single, 75’ HAL PUC Quint $777,830.00

1.25 Arrow XT, Alum, Tandem, 105’ HD Steel Ladder PUC $895,361.00

1.26 Arrow XT, Alum, Tandem, 100’ Steel Platform PUC $1,062,160.00

PRODUCTS, SERVICES, SPECIFICATIONS, AND PRICINGATTACHMENT A

1.0 AERIAL PRODUCT

BASE MODEL SPECIFICATIONS

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1.27 Arrow XT, Single, 1500 Pump, 107’ Aerial $975,930.00

1.28 Arrow XT, Single, 2000 Pump, 110' Platform $993,564.00

1.29 Arrow XT, Ascendant Tiller NPNT $1,244,946.00

1.3 Arrow XT, Ascendant Tiller Quint $1,333,686.00


2.1 Saber FR, Alum, Single, 1250 Pumper, 750 Water $346,510.00

2.2 Impel, Alum, Single, 1250 Pump, 750 Water $387,104.00

2.3 Impel, Alum, Single, 1500 Pump, PUC, 750 Water $451,581.00

2.5 Freightliner M2-106, 2-Door, Alum, Single, 1250 Pump, 750 Water $214,396.00

2.6 International 4400, 2-door, Alum, Single, 1250 Pump, 750 Water $223,226.00

2.7 Kenworth T370, 2-Door, Alum, Single, 1250 Pump, 750 Water $222,186.00

2.8 Peterbilt 337, 2-Door, Alum, Single, 1250 Pump, 750 Water $230,802.00

2.9 Freightliner M2-106, 4-Door, Galv, Single, 1000 Pump, 4x4 Wildland $346,857.00

2.10 Ford F550 Super Duty, 2-Door Ext, Alum, Single, 120 Pump, Patrol Brush Truck $139,052.00


3.1 Arrow XT, Alum, Single, Non-Walk-In, HDR $399,331.00

3.2 Saber FR, Alum, Single, Non-Walk-In HDR $330,025.00

3.3 Freightliner M2-106, 2-Door, Alum, Single, Non-Walk-In, HDR $231,369.00

3.4 International 7400, 2-Door, Alum, Single, Non-Walk-In, HDR $206,573.00

3.5 Kenworth T370, 2-Door, Alum, Single, Non-Walk-In, HDR $207,999.00

3.6 Peterbilt 337, 2-Door, Alum, Single, Non-Walk-In, HDR $216,312.00

3.7 Saber FR, Alum, Single, Walk-In, HDR $356,654.00

3.8 Arrow XT, Alum, Single, Walk-In, HDR $435,264.00

3.9 Freightliner M2-106, 2-Door, Alum, Single, Walk-In HDR $231,362.00

3.10 International 7400, 2-Door, Alum, Single, Walk-In, HDR $238,898.00

3.11 Kenworth T370, 2-Door, Alum, Single, Walk-In, HDR $231,114.00

3.12 Peterbilt 337, 2-Door, Alum, Single, Walk-In, HDR $248,161.00

3.13 Ford F550, 4-Door, Alum, Single, 12' Non-Walk-In $143,443.00

3.14 Freightliner M2-106, 2-Door, Alum, Single, ENCORE $178,562.00

2.0 PUMPER PRODUCT

3.0 RESCUE

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4.1 Freightliner M2-106, 2-Dr, Alum, Tandem, 500 Pump, 3000 Water, DX $225,834.00

4.2 Impel, Alum, Tandem, 1250 Pump, 2000 Water, Tanker/Pumper $468,963.00

4.3 Freightliner M2-106, 2-Dr, Single, 1000 Pump, 2100 Water DX $215,807.00

4.4 International 4400, 2-Dr, Single, 1000 Pump, 2100 Water, DX $222,141.00

4.5 Kenworth T370, 2-Dr, Single, 1000 Pump, 2100 Water, DX $218,622.00

4.6 Saber FR, 4-Dr, Single, 1500 Pump, 1800 Water, Pumper/Tanker $363,247.00

4.7 Impel, Aluminum, Tandem, 1250 Pump, 2500 Water, Elliptical $462,775.00

4.8 Saber FR, Aluminum, Single, 1250 Pump, 1800 Water, Elliptical $401,508.00

4.9 Peterbilt 348, 2-Dr, Alum, Tandem, 500 Pump, 3000 Water, DX $245,900.00

4.10 Kenworth T370, 2Dr, Alum, Tandem, 500 Pump, 3000 Water, DX $233,337.00

4.11 International 7500, 2-Dr, Alum, Tandem Rear, 500 pump, 3000 Water, DX $245,742.00

4.0 TANKER

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EXHIBIT B SPECIFIC REQUIREMENTS/OPTIONS OF TOWN

Attached: Quote and Specifications. See attached proposals Notices: All notices required under the Contract shall be sent to:

Town Manager Town of Gilbert 50 E. Civic Center Drive Gilbert, Arizona 85296

Delivery Location: Fleet Division, 4760 South Greenfield Road, Gilbert, AZ 85927

Immigration Law Compliance Warranty: As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor verifies the employment eligibility of the employee through the E-Verify program. If Contractor uses any subcontractors in performance of the Work, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Contract that is subject to penalties up to and including termination of the Contract. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. Gilbert at its option may terminate the Contract after the third violation. Contractor shall not be deemed in material breach of this Contract if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). Gilbert retains the legal right to inspect the papers of any Contractor or subcontractor employee who works on the Contract to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the parties may modify this paragraph consistent with state law. Emergency Contact: Gilbert is an emergency response organization. Contractor services or supplies may be required in case of an emergency involving a sudden, immediate threat of danger to the public health, welfare or property in Gilbert (“local emergency”) or in the case where the Mayor of Gilbert, the mayor or governing body of another municipality in Maricopa County, the Maricopa County Board of Supervisors, the State, or the President of the U.S. has declared an emergency (“State of Emergency”). In the event of a local emergency or State of Emergency, Gilbert may require Contractor to provide services or supplies as rapidly as possible and to such locations as directed by Gilbert when necessary to protect the public health and welfare and/or property. Contractor shall not be required to respond to the extent response is not feasible due to Acts of God or other factors beyond its control. Contractor shall provide the designated Gilbert Emergency Management Coordinator at (480) 503-6333 and the designated

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Gilbert representative with a contact point (name, cell phone number, e-mail and facsimile number) who can be reached on short notice so that effective response can be initiated. ] Equal Treatment of Workers: Contractor shall keep fully informed of all federal and state laws, county and local ordinances, regulations, codes and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any way affect the conduct of performance under the Agreement. Contractor shall at all times observe and comply with all such laws, ordinances, regulations, codes, orders and decrees; this includes, but is not limited to laws and regulations ensuring equal treatment for all employees and against unfair employment practices, including the Occupational Safety and Health Administration (“OSHA”) and the Fair Labor Standards Act (“FLSA”). Contractor shall protect and indemnify Gilbert and its representatives against any claim or liability arising from or based on the violation of such, whether by Contractor or its employees.

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October 5, 2017

Town of Gilbert, AZ

One (1) Quantum 107' Ascendant JC420

Build Location: Appleton, Wisconsin

Proposal Price 1,089,447.00$

Arizona State Sales Tax @ 5.60% 61,009.03

Phoenix Sales Tax @ 2.70% 29,415.07

PHX Transportation Plan Tax @ 0.3% of $10,000.00 30.00

Total Bid Price Including Sales Tax 1,179,901.10$

Less chassis progress payment discount (12,806.00) The chassis progress payment in the amount of

$426,867.00 will be due three (3) months prior to

the ready for pick up from the factory date.

Less aerial device progress payment discount (3,927.00)

The aerial payment in the amount of $252,815.00 will be

due two (2) months prior to the ready for delivery

from the factory date.

Less payment upon completion @ factory discount (12,668.00)

* Deduct for 100% pre-payment with contract (33,094.00) If this option is elected, the discount is in addition to the

chassis progress payment discount and the payment upon

completion at the factory discount.

Subtotal including all pre-pay discounts 1,026,952.00




Total Bid Price Including Pre-Pay Discounts & Sales Tax 1,112,219.01$

Terms:

Based on the current delivery schedule the unit would be ready for delivery from factory within 12 to 15 months after contract execution. Delivery is subject

to change pending Pierce's delivery schedule at order placement.

Transportation of the unit to be driven from the factory is included in the pricing. However, if we are unable to obtain necessary permits, due to the weight of

the unit, and the unit must be transported on a flat bed, additional transportation charges will be the responsibility of the purchaser. We will provide pricing at

that time if necessary.

The above quote is subject to change.

An invoice will be provided 30 days prior to the chassis and aerial payment due dates if they are elected.

If payment discount options are not elected standard payment terms will apply: Final payment will be due 30 days after the unit leaves the factory for

delivery. If payment is not made at that time a late fee will be applicable.

The proposal price is based on the unit being purchased through Public Procurement Authority Contract #VH11574 (FireRescue GPO / NPPGov).

Two (2) factory inspection trips for four (4) fire department customer representatives is included in the above pricing. The inspection trips will be scheduled

at times mutually agreed upon between the manufacture's representative and the customer. Airfare, lodging and meals while at the factory are included. If

the Department elects to forgo an inspection trip $1,850.00 per traveler (per trip) will be deducted from the final invoice.

An annual price increase will go into effect for all orders processed after January 31, 2018. If order is not submitted prior to that date, a 3% price increase

will be required.

If the Town of Gilbert would like to transport the unit form the factory to their facility a deduction of (5,250.00) is available.

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Proposal Option List

Line Option Type Option Description Qty

1 0614964 Boiler Plates, Aerial 107' ASL 1 Fire Department/Customer - TOWN OF GILBERT, AZ Operating/In conjunction W-Service Center - Operating Miles - 25 Miles Number of Fire Dept/Municipalities - 25 Bidder/Sales Organization - HUGHES FIRE EQUIPMENT Delivery - Delivery representative Dealership/Sales Organization, Service - HUGHES FIRE EQUIPMENT

2 0018180 Single Source Compliance, Aerials 13 0584456 Manufacture Location: Appleton, Wisconsin 14 0584452 RFP Location: Appleton, Wisconsin 15 0588609 Vehicle Destination, US 16 0610784 Comply NFPA 1901 Changes Effective Jan 1, 2016, With Exceptions 17 0533351 Quint Fire Apparatus 18 0588612 Vehicle Certification, Aerial w/Pump 19 0681278 Agency, Apparatus Certification, Aerial w/Pump, U.L. 1

10 0007289 Delivery 1 Location - TOWN OF GILBERT, AZ Fill in Blank - STANDARD DELIVERY TERMS AT ORDER PLACEMENT

11 0000114 Inspection Trip(s) 2 Qty, - 02 Fill in Blank - 4

12 0536644 Customer Service Website 113 0537375 Unit of Measure, US Gallons 114 0529326 Bid Bond, 10%, Pierce Built Chassis 115 0582700 Performance Bond, 100 Percent w/25 Percent Warranty Bond, 2 Yrs,and Payment

Bond1

16 0000007 Approval Drawing 117 0683881 Electrical Diagrams, 12V As-Built on CD, Custom Chassis HDR/Aerial 1

Diagrams, Hard Copy - No hard copies18 0614994 Velocity Chassis, Aerials, Single Axle, Ascendant (Big Block) 119 0000110 Wheelbase 1

Wheelbase - 252 inches20 0000070 GVW Rating 1

GVW rating - 57,500 lbs21 0000203 Frame Rails, 13.38 x 3.50 x .375, Qtm/AXT/Imp/Vel/DCF 122 0604483 Frame Liner, Inv "L" 12.68" x 3.00" x .25", AXT/Vel/Imp, 107' ASL, 56" Qval 123 0637059 Axle, Front, Oshkosh TAK-4, Non Drive, 24,000 lb, Velocity (425 Tires) 124 0090914 Suspension, Front TAK-4, 24,000 lb, DLX/Qtm/AXT/Vel/Enf 125 0087572 Shock Absorbers, KONI, TAK-4, Qtm/AXT/Imp/Vel/DCF/Enf 126 0000322 Oil Seals, Front Axle 127 0679621 Tires, Front, Michelin, XZY3 (wb), 425/65R22.50, 20 ply, Fire Service Load Rtng 128 0019611 Wheels, Front, Alcoa, 22.50" x 12.25", Aluminum, Hub Pilot 129 0598516 Axle, Rear, Meritor RS30-185, 33,500 lb, Imp/Vel/DCF 130 0544250 Top Speed of Vehicle, 65 MPH 131 0122073 Suspen, Rear, Standens, Spring, 33,500 lb, Imp/Vel/Dash CF/Enf 132 0000485 Oil Seals, Rear Axle 133 0788313 Tires, Rear, Michelin, XZA1, 315/80R22.50, LRL, Single, Fire Serv Load 134 0019668 Wheels, Rear, Alcoa, 22.50" x 9.00", Aluminum, Hub Pilot, Single 135 0568081 Tire Balancing, Counteract Beads 1

Customer: TOWN OF GILBERT AZ Bid Number: 420Representative Clifford, James Job Number: Organization: Hughes Fire Equipment, Inc Number of Units: 1Requirements Manager: , Bid Date: 08-02-2017Description: GILBERT, AZ - VELOCITY 107' ASCENDANT Stock Number: Body: Aerial, HD Ladder 107' ASL Single, Quint, Alum Body Price Level: 36 (Current: 36)Chassis: Velocity Chassis, Aerials, Single Axle, Ascendant (Big Block)

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36 0620570 Tire Pressure Monitoring, RealWheels, AirSecure, Valve Cap, Single Axle 1 Qty, Tire Pressure Ind - 6

37 0003245 Axle Hub Covers w/center hole, S/S, Front Axle 138 0001960 Axle Hub Covers, Rear, S/S, High Hat (Pair) 139 0057936 Covers, Lug Nut, Chrome 140 0002045 Mud Flaps, w/logo front & rear 141 0544802 Chocks, Wheel, SAC-44-E, Folding 1

Qty, Pair - 0142 0544806 Mounting Brackets, Chocks, SAC-44-E, Folding, Horizontal 1

Qty, Pair - 01 Location, Wheel Chocks - Left Side Rear Tire, Forward

43 0010671 ABS/ATC Wabco Brake System, Single Rear Axle 144 0030185 Brakes, Knorr/Bendix 17", Disc, Front, TAK-4 145 0000740 Brakes, Meritor, Cam, Rear, 16.50 x 8.63" 146 0058463 Air Compressor, Brake, Bendix 15.8 CFM 147 0000786 Brake Reservoirs, Four 148 0568012 Air Dryer, Wabco System Saver 1200, Heater, 2010 149 0000790 Brake Lines, Nylon 150 0000854 Air Inlet, w/Disconnect Coupling 1

Location, Air Coupling(s) - f) DS Bumper extension Qty, Air Coupling (s) - 1

51 0070810 All Wheel Lockup (Aerial/Tanker Chassis) 152 0014130 Air Tank, Additional for Extra Air Horn Capacity 153 0000853 Compressor, Air, Kussmaul 091-9 12V Brake System 1

Location - *54 0615609 Fittings, Compression Type, Entire Apparatus, Single Rear Axle 155 0533727 SP Fittings, Remote Large & Bulky, Mesa 156 0610849 Engine, DDC DD13, 505 hp, 1750 lb-ft, W/OBD, EPA 2016, Velocity 157 0001244 High Idle w/Electronic Engine, Custom 158 0590300 Engine Brake, Jacobs Compression Brake, DD13 1

Switch, Engine Brake - f) DD1359 0552334 Clutch, Fan, Air Actuated, Horton Drive Master 160 0123135 Air Intake, w/Ember separator, Imp/Vel 161 0565965 Exhaust System, 5", 2010 DD13, ISX engine, Horizontal, Right Side 162 0787999 Radiator, Impel/Velocity 163 0778436 SP Cooling Hoses, Flexfab Silicone, Mesa/Gilbert 164 0788718 Radiator Coolant, Peak Final Charge Global OAT, Red 165 0001125 Fuel Tank, 65 Gallon, Left Side Fill 166 0001128 Lines, Fuel, Wire Braided, Reusable Fittings 167 0644984 DEF Tank, 4.5 Gallon, DS Fill, Rearward of Rear Axle, Double Dr 168 0552793 Not Required, Fuel Priming Pump 169 0552712 Not Required, Shutoff Valve, Fuel Line 170 0553019 Cooler, Engine Fuel, Imp/Vel, AXT/Qtm/Sab/DCF/SFR/Enf 171 0690880 No Selection Required From This Category 172 0642582 Trans, Allison 5th Gen, 4000 EVS P, w/Prognostics, Imp/Vel/DCF/SFR/Enf 173 0625331 Transmission, Shifter, 6-Spd, Push Button, 4000 EVS 174 0684459 Transmission Oil Cooler, Modine, External 175 0565656 Fluid, 4000 Series Transmission,TranSynd synthetic, IPOS, Custom 176 0001375 Driveline, Spicer 1810 177 0669988 Steering, Sheppard M110 w/Tilt, TAK-4, Eaton Pump, w/Cooler 178 0001544 Not Required, Steering Assist Cylinder on Front Axle 179 0509230 Steering Wheel, 4 Spoke without Controls 180 0690274 Logo/Emblem, on Dash 1

Text, Row (1) One - GILBERT Text, Row (2) Two - FIRE & Text, Row (3) Three - RESCUE

81 0614889 Lube System, Vogel, 22 Point, Cab Pivots, TAK-4 Suspension 1 Location - to be determined

82 0653554 Bumper, 26" Extended, Polished S/S, "Chicago" Style, Imp/Vel 183 0616472 Tray, Hose, Center, 26" Bumper, Outside Air Horns, Imp/Vel 1

Grating, Bumper extension - Grating, Rubber

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83 Capacity, Bumper Tray - 21) 150' of 1.7584 0630813 Cover, Aluminum Treadplate, One (1) D-Ring Latch, Hose Tray 1

Stay arm, Tray Cover - b) Pneumatic Stay Arm85 0658303 Box, Tool w/cover, Left 1

Stay arm, Tray Cover - b) Pneumatic Stay Arm Latch, Bumper Storage - D ring latch

86 0625557 Hose Restraint, Not Required, Cover Included with Other Option 187 0638048 Box, Tool w/cover, Right 1

Stay arm, Tray Cover - b) Pneumatic Stay Arm Latch, Bumper Storage - D ring latch

88 0625556 Hose Restraint, Not Required, Cover Included with Other Option 189 0510226 Lift & Tow Package, Imp/Vel, AXT, Dash CF 190 0522573 Tow Hooks Not Required, Due to Lift and Tow Package 191 0668314 Cab, Velocity FR, 7010 Raised Roof w/Notch 192 0668309 Engine Tunnel, ISL and DD13, Impel/Velocity FR 193 0677478 Rear Wall, Exterior, Cab, Aluminum Treadplate 194 0122466 Cab Lift, Elec/Hyd, w/Manual Override, Imp/Vel 195 0123176 Grille, Bright Finished, Front of Cab, Impel/Velocity 196 0002224 Scuffplates, S/S At Cab Door Jambs, 4-Door Cab 1

Material Trim/Scuffplate - c) S/S, Polished97 0646179 Trim, S/S, Rect Headlights, VEL/IMP 1

Material Trim/Scuffplate - c) S/S, Polished Turnsignal Covers - Polished S/S Covers

98 0015440 No Chrome Molding, On side of cab 199 0631222 Mirrors, Ramco, 6001FFHR-750HR, Htd/Rmt, w/Bolt-on Htd/Rmt Convex, Cab Mnt,

Vel1

100 0667921 Door, Half-Height, Velocity FR 4-Door Cab, Raised Roof 1 Key Model, Cab Doors - 751

101 0655507 Door Panel, Polished Stainless Steel, Impel/Velocity 4-Door Cab 1102 0667905 Storage Pockets w/ Elastic Cover, Recessed, Impel/Velocity FR 1103 0667902 Controls, Electric Windows, All Cab Doors, Impel/Velocity FR 1104 0648591 Steps, 4-Door Cab, Power, Punched Tread Step Surface, Imp/Vel 1105 0629726 Lights, Cab & Crew Cab Power Access Steps, P25, LED, 8Lts, 4-Door Cab 1106 0002140 Fenders, S/S on Cab 1107 0552648 Grab Handle, Black Rubber Covered, Specify Location, Qty 2

Location - roof of crew cab - one each side centered betweeen forward and rear facing seats Qty, - 02

108 0592071 No Windows, Side of Crew Cab, Vel/Imp 1109 0568605 Not Required, Interior Trim, No Cab Side Windows 1110 0012090 Not Required, Windows, Front/Side of raised roof 1111 0509286 Not Required, Windows Rear of Crew Cab, Imp/Vel 1112 0558334 Not Required, Trim, Cab Rear Windows, No Rear Windows 1113 0786293 Window Tint, Upper Crew Cab Door, Left Side, Medium Gray 1114 0786285 Window Tint, Upper Crew Cab Door, Right Side, Medium Gray 1115 0786278 Window Tint, Crew Cab Door, Right Side, Medium Gray 1116 0786289 Window Tint, Crew Cab Door, Left Side, Medium Gray 1117 0553057 Holder, Cup, Cab/Crewcab, Each 2

Qty, - 02118 0663375 Mounting Provisions, 1/4" Alum, Full Engine Tunnel, Vel/Imp 1

Mounting Provision Spacing - 1.00" Material Finish, Cab Interior - Painted

119 0792872 SP Computer Docking, Havis DS-PAN-112-2 Dual RF, CF-30/31, Swivel/Tilt, Short Pol 1 Location - TO LEFT OF OFFICER 12vdc power from - Battery direct

120 0667945 Cab Interior, Vinyl, Velocity FR 1 Color, Cab Interior Vinyl/Fabric - a) Silver/Gray

121 0667943 Cab Interior, Paint Color, Impel/Velocity FR 1 Color, Cab Interior Paint - a) gray

122 0509532 Floor, Rubber Padded Cab & Crew Cab, Imp/Vel, Dash CF 1123 0667936 Heater/defroster, Dual Zone Control, Impel/Velocity FR 1

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124 0603347 Air Conditioning, Dual Zone Control, Impel/Velocity FR 1 Paint Color, A/C Condenser - Painted by OEM

125 0640814 Dual Condensate Drain Tubes for A/C Drip Pan, Imp/Vel FR 1126 0603570 SP A/C Unit, Danhard, 120 Volt AC, 13500 BTU, Painted Cover, Location, Notched Roof 1

Location - to be determined by engineering127 0032085 Fan, Window Defrost, Two (2), Location Feature 1

Location - 1EA SIDE SAME LOCATION AS PUMPERS128 0639675 Sun Visor, Smoked Lexan, AXT, Dash CF, Imp/Vel, Saber FR/Enforcer 1

Sun Visor Retention - Polished S/S Bracket129 0543257 Grab Handles, Driver Door Post & Passenger Dash Panel, Imp/Vel 1130 0693332 Light, Truck-Lite 44308C LED Grommet Mt, Eng Compt, Auto Sw 2

Qty, - 02131 0122516 Fluid Check Access, Imp/Vel 1132 0621454 SP Map Box, Open Back, Top Tray, iPad Slots 1

Location - centered rear of engine tunnel133 0583042 Side Roll and Frontal Impact Protection 1134 0622617 Seating Capacity, 6 Seats 1135 0697005 Seat, Driver, Pierce PS6, Premium, Air Ride, High Back, Safety 1136 0696994 Seat, Officer, Pierce PS6, Premium, Air Ride, SCBA, Safety 1137 0002517 Not Required, Radio Compartment 1138 0122183 Seat, Rear Facing C/C, DS Outboard, Pierce PS6, Premium, SCBA, Safety 1139 0102783 Not Required, Seat, Rr Facing C/C, Center 1140 0122186 Seat, Rear Facing C/C, PS Outboard, Pierce PS6, Premium, SCBA, Safety 1141 0108189 Not Required, Seat, Forward Facing C/C, DS Outboard 1142 0122742 Seat, Forward Facing C/C, Center, (2) Pierce PS6, Premium, Hi-Back, Safety 1143 0108190 Not Required, Seat, Forward Facing C/C, PS Outboard 1144 0566653 Upholstery, Seats In Cab, Turnout Tuff 1

Color, Cab Interior Vinyl/Fabric - m) Gray145 0543991 Bracket, Air Bottle, Hands-Free II, Cab Seats 3

Qty, - 03146 0603867 Seat Belt, ReadyReach 1

Seat Belt Color - Red147 0604863 Seat Belt Height Adjustment, 6 Seats, Imp/Vel, Dash CF 1148 0602464 Helmet Storage, Provided by Fire Department, NFPA 2016 1149 0647638 Lights, Dome, Weldon Dual LED 4 Lts 1

Color, Dome Lt - Red & White Color, Dome Lt Bzl - Grey Control, Dome Lt White - Door Switches and Lens Switch Control, Dome Lt Color - Lens Switch

150 0631776 Not Required, Overhead Map Lights 1151 0650357 Spotlight, Golight/RadioRay, Model 20**4, LED, 2 Lts 1

Location - behind lightbars Color, GoLt - White Bracket, Spotlight - Pedestal - 2 Lts

152 0650030 Controller, Spotlight, Golight, Wired Dash Mount, 2 Lts 1153 0649967 Location, Spotlight Controller, Driver and Officer, 2 Lts 1154 0602622 Portable Hand Light, Provided by Fire Department, Quint NFPA 2016 Classification 1155 0568369 Cab Instruments, Ivory Gauges, Chrome Bezels, Impel/Velocity 2010, Dash CF 1156 0509511 Air Restriction Indicator, Imp/Vel, AXT, Dash CF, Enf MUX 1157 0543751 Light, Do Not Move Apparatus 1

Alarm, Do Not Move Truck - Pulsing Alarm158 0509042 Messages, Open Door/Do Not Move Truck, MUX w/Color Display 1159 0611681 Switching, Cab, Membrane, Impel/Velocity/Quantum, Dash CF, AXT WiFi MUX 1

Location, Emerg Sw Pnls - Driver's Side Overhead160 0555915 Wiper Control, 2-Speed with Intermittent, MUX, Impel/Velocity 1161 0002565 Hourmeter, Aerial Inside Cab 1162 0002615 Switch, Aerial 12V Master 1163 0002617 PTO switch, w/light - aerial 1164 0548001 Wiring, Spare, 10 A 12V DC 2nd 1

Qty, - 01 12vdc power from - Battery direct

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164 Wire termination - Butt Splice Location - Lower D1

165 0680972 Wiring, Spare, 40 A 12V DC, 6 Circuit Fuse Block, Blue Sea 5025, Sw Feature, 1st 1 Qty, - 01 12vdc power from - Battery switched Location - electrical distribution box Switch, Lt Control 1 DC - n) No Control Switch, Lt Control 2 DC - n) No Control

166 0602586 Wiring, Spare, 2.0 A 12V DC, USB Termination Blue Sea 1016 2nd 3 Qty, - 03 12vdc power from - Battery switched Location - one by powerpoint near air horn button and 1ea side of rear map box

167 0548009 Wiring, Spare, 20 A 12V DC 1st 2 Qty, - 02 12vdc power from - Battery direct Wire termination - Butt Splice Location, Spare Wiring - Rear Wall, Crew Cab - Centered

168 0547347 Wiring, Spare, 30 A 12V DC, Switch Feature 1st 1 Qty, - 01 12vdc power from - Battery direct Wire termination - Butt Splice Location - D1 for customer installed drug box Switch, Lt Control 1 DC - ds) DS Switch Panel Switch, Lt Control 2 DC - n) No Control

169 0547505 Wiring, Spare, 10 A 12V DC 1st 1 Qty, - 01 12vdc power from - Battery switched Wire termination - 15 amp power point plug Location - next to USB port

170 0033709 Radio, AM/FM/CD, Panasonic 1 Speakers, AM/FM Radio - Two (2) pairs of speakers, Cab/Crew Antenna, AM/FM Radio - a) Side-mounted antenna on DS Location, AM/FM Radio - b) within reach of the officer

171 0615386 Vehicle Information Center, 7" Color Display, Touchscreen, MUX 1 System Of Measurement - US Customary

172 0606249 Vehicle Data Recorder w/CZ and Overhead Display Seat Belt Monitor 1173 0790025 SP Intercom, Setcom 950W4, 7-Pos, 3-Radio (1 Wireless, D, O, ),4C,Wired, HS 1

Location, Intercom, C Cab - 4) 2 outside & dual center station (Dave C/Setcom)

174 0793667 Cable, Radio to Intercom Interface, Setcom 950, 1 Radio 1 Radio, First Two-Way Model - Motorola High power Radio, First Two-Way Make - Motorola High Power

175 0794902 Headset, Setcom, CSB-900W4, Wireless 1 Qty, - 01 Location - shipped loose

176 0681408 Hangers For Headsets, NFPA, Each 6 Qty, - 06 Location, Headset Hangers - Driver Seat, Officer Seat, DS Inbrd, Fwrd Fcng Seat, DS Outbrd, Rear Fcng Seat, PS Inbrd, Fwrd Fcng Seat and PS Outbrd, Rear Fcng Seat

177 0641831 SP Charger, Motorola NNTN7624, 12V Single APX Portable Radio 4 Location - to be determined Qty, - 04

178 0613802 SP Radio, Mobile, Motorola, APX 7500, 05 Dual Band Mid Power, Trunking, Mesa 1 Location - Centered overhead on swivel, wired to main power bus bar and not load managed Qty, - 1

179 0621396 SP Antenna, Panorama LGMM-7-27-24-58, for Motorola VML750 1 Location - behind drivers seat Qty, - 01

180 0696439 Antenna Mount, Custom Chassis, Cable Routed to Instrument Panel Area 2 Qty, - 02 Location, Antenna Mount - Left And Right Side

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181 0628904 SP Antenna Whip Only, Laird QW760, 760-870MHz 1 Location - PS rear of cab Qty, - 01

182 0613784 SP Antenna Whip Only, Sti-co, Roof-Ft-Niti, 136-1000MHz Field Tunable 1 Location - behind lightbar on PS roof Qty, - 01

183 0653526 Camera, Pierce, Driver Mux, Rear Camera Only 1 Camera System Audio - Not Provided

184 0683718 Recess, Rear Vision Camera Into Lightstick Housing 1185 0615100 Pierce Command Zone, Advanced Electronics & Control System, Diag LEDs, Vel,

WiFi1

186 0624254 Electrical System, Velocity 1187 0089703 Batteries, (6) Interstate Grp 31, 950 CCA each, Threaded Stud 1188 0008621 Battery System, Single Start, All Custom Chassis 1189 0123174 Battery Compartment, Imp/Vel 1190 0531338 Charger, Sngl Sys, Kussmaul, Pump Plus 1200, 52-21-1100 1191 0012781 Location, Charger/Compr, Front left body compt 1192 0530951 Location, Battery Charger Indicator, DS Behind Cab Door 1193 0016857 Shoreline, 20A 120V, Kussmaul Auto Eject, 091-55-20-120, Super 2

Qty, - 02 Color, Kussmaul Cover - b) red Shoreline Connection - Battery Charger

194 0026800 Shoreline Location 1 Location, Shoreline(s) - DS Cab Side

195 0566294 Alternator, 430 amp, Niehoff C680-1 1196 0645619 Charger Socket, Blue Sea 1016 Dual USB Type A 3

Location - to be determined Qty, - 03 12vdc power from - Battery switched

197 0090715 SP Voltage Regulator, Set for 14.8 VDC (Mesa, AZ) 1198 0092582 Load Manager/Sequencer, MUX 1

Enable/Disable Hi-Idle - e)High Idle enable199 0648716 Headlights, Rectangular Halogen, Imp/Vel 1200 0648425 Light, Directional, Wln 600 LED Combination, Cab Corners, Imp/Vel/AXT/Qtm/DCF 1

Color, Lens, LED's - m)match LED's201 0620055 Light, Directional/Marker, Intermediate, Truck-Lite 60115Y LED 2lts 1202 0648074 Lights, Clearance/Marker/ID, Front, P25 LED 7 Lts 1203 0628344 Lights, Clearance/Marker/ID, Rear, P25 LED 7Lts, Ign Sw 1204 0602938 Light, Marker End Outline, Rubber Arm, LED Marker Lamp, Rear Body 1

Qty, Lights, Pair - 1205 0551870 Lights, Tail, Whelen M6BTT* Red LED Stop/Tail & M6T* Amber LED Dir w/Flange 1

Color, Lens - Clear206 0551758 Lights, Backup, Whelen M6BUW, LED, Flange Feature 1

Flange Kit - w)with flange207 0664481 Bracket, License Plate & Light, P25 LED 1208 0589905 Alarm, Back-up Warning, PRECO 1040 1209 0669890 Lights, Perimeter Cab, Truck-Lite 6060C LED 4Dr, Pwr Step, Vel/Imp 1

Z location - 210 0616638 Lights, Perimeter Pump House, Truck-Lite 6060C LED 1lt 1211 0615866 Lights, Perimeter Body, Truck-Lite 6060C LED 1lt, Turntable Access 1

Control, Perimeter Lts - PS Switch Panel212 0589378 Lights, Step, P25 LED, Aerial With Pump, Ign, Park Brake Set 1213 0511749 Light, Step, Additional, P25 LED 6

Qty, Lights - 06 Location, Lights - to be determined

214 0640629 Light, Whelen, 12V PCPSM1* Pioneer LED Fld/Spt, Surface Mount 1st 2 Location, Lights - 1EA SIDE REAR UPPER BODY ABOVE P2 & D2 Qty, - 02 Switch, Lt Control 1 DC,1 - a) DS Switch Panel Switch, Lt Control 2 DC,2 - g) PS Switch Panel Switch, Lt Control 3 DC,3 - DS Pump Panel Switch, Lt Control 4 DC,4 - c) DS Rear of Apparatus

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214 Color, Wln Lt Housing - Chrome Flange215 0640941 Light, Whelen, 12V PCPSM2* Pioneer LED Fld/Spt, Surface Mnt 2nd 1

Location, Lights - DS high over crew cab Qty, - 01 Switch, Lt Control 1 DC,1 - a) DS Switch Panel Switch, Lt Control 2 DC,2 - DS Pump Panel Switch, Lt Control 3 DC,3 - f) PS Switch Panel Switch, Lt Control 4 DC,4 - d) No Control Color, Wln Lt Housing - Chrome Flange

216 0640627 Light, Whelen, 12V PCPSM1* Pioneer LED Fld/Spt, Surface Mount 2nd 2 Location, Lights - ONE EACH SIDE REAR Qty, - 02 Switch, Lt Control 1 DC,1 - b) DS Rear of Apparatus Switch, Lt Control 2 DC,2 - e) No Control Switch, Lt Control 3 DC,3 - d) No Control Switch, Lt Control 4 DC,4 - d) No Control Color, Wln Lt Housing - Chrome Flange

217 0640991 Light, Whelen, 12V PCPSM2* Pioneer LED Fld/Spt, Surface Mnt 1st 1 Location, Lights - PS high on crew cab Qty, - 01 Switch, Lt Control 1 DC,1 - a) DS Switch Panel Switch, Lt Control 2 DC,2 - DS Pump Panel Switch, Lt Control 3 DC,3 - f) PS Switch Panel Switch, Lt Control 4 DC,4 - d) No Control Color, Wln Lt Housing - Chrome Flange

218 0795778 Light, Visor, Wln, 12V PFS2* Pioneer LED Fld/Spt 1st 1 Qty, - 01 Location, driver's/passenger's/center - centered Color, Wln Lt Housing - White Paint Control, Scene Lts - Cab Sw Panel DS

219 0657535 Lights, Work, (2) Whelen PELCC LED, w/Alternative Hose Bed Lights 1 Switch, Scene Lt Cntrl - h)switch at rear

220 0645878 Lights, Hose Bed, Cover, Dual Amdor AY-9750-20 LED Light Strips 4lts, Low 1 Control, Hose Bed Lts - Auto Cover Sw

221 0645677 Lights, Not Required, Rear Work, Alt. 12 Volt Lights At Rear Body 1222 0709438 Light, Walking Surface, FRP Flood, LED 1223 0595983 Switch, Membrane, Emergency Master Label to be Red 1224 0624713 Aerial, HD Ladder 107' ASL Single, Quint, Alum Body 1225 0554271 Body Skirt Height, 20" 1226 0601008 Tank, Water, 500 Gallon, Poly, Ascendant Single Axle 1227 0003405 Overflow, 4.00" Water Tank, Poly 1228 0028104 Foam Cell Required 1229 0090721 SP Drain Plug, Brass IPO Galvanized 1230 0648352 UPF Poly Tank III Features, Color Coded Domes-Water/Foam Tank 1, Tanknology

Tag1

Color, Fill Tower - Blue Water Fill Color, Fill Tower, Foam Tank #1 - Foam Tank #1 Green

231 0553729 Not Required, Restraint, Water Tank, Heavy Duty 1232 0003429 Not Required, Direct Tank Fill 1233 0624711 Hose Bed, Alum, DS/PS, Ascendant Single Axle 1234 0003491 Hose Bed Capacity 1000' of 5.00", Ascendant, PAP, PAL 1235 0604069 Hose Restraint, Two (2) Hose Beds, Aerial, Front Strap, 1" Heavy Nylon Web Rear 1236 0003512 Running Boards, Ascendant, PAL 1237 0606154 Turntable Steps, Punched Grip Pattern, Swing-Down, DS Only, Non-TCO,Ascendant

SA1

238 0554001 Lights, Step (3), P25 LED, Swing Down Access Steps, One Side 1239 0690023 Wall, Rear, Smooth Aluminum 1240 0074515 Tow Eyes (2) 75' HAL, Ascendant Single Axle 1241 0003518 Morton Cass Insert in Running Boards 1242 0624701 Construction, Compt, Alum, 3rd Gen, Ascendant Single Axle 1243 0610141 Compt, DS F/H, Lap Drs, Ascendant Single Axle 1244 0614991 Compt, DS Turntable, F/H, Lap Dr, Ascendant Single Axle 1245 0023672 Compt, IPO Stairs, Not Required, DS 1

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246 0610140 Compt, PS F/H, Lap Drs, Ascendant Single Axle 1247 0777399 SP Compt, PS Turntable, F/H, Lap Dr, One (1) Large Rear Compt,Ascendant Single Axle 1248 0607982 Compt, IPO Stairs PS, Lap Door, Ascendant Single Axle 1249 0615264 Compt, Rear, Gortite Roll-up Door, Narrow, Ascendant Single Axle 1250 0666824 Doors, Lap w/"D" Handle, Aluminum, Side Compartments 1251 0624690 Bumper, Rear, Aluminum Rub Rail, Ascendant Single Axle 1252 0003919 Reverse Hinge Compartment Door 1

Qty, Door Accessory - 01 Location, Door Accessory - D3

253 0004010 Scuffplate, Polished S/S Bottom of Door Frame 8 Location, Door Accessory - ALL COMPARTMENT DOORS Qty, Scuffplates - 08

254 0603086 Lights, Compt, Pierce LED, Dual Light Strips, Each Side of Door, Ascendant SA 9 Qty, - 09 Location, Compartment Lights - All Body Compts

255 0528519 SP Floor, Access w/Quarter turn fasteners, Alum. 4-way (Mesa) 1256 0079587 Knockouts, Cargo Area Ventilation 8

Qty, - 08 Fill in Blank - passenger side cargo area

257 0687145 Shelf Tracks, Recessed, PUC/3rd Generation 1258 0600289 Shelves, Adj, 500 lb Capacity, Full Width/Depth, Predefined Locations, Aerial 7

Qty, Shelf - 07 Material Finish, Shelf - Painted - Spatter Gray Location, Shelves/Trays, Predefined - .Location To Be Determined

259 0603179 Tray, Floor Mounted, Slide-Out, 500lb, 2.00" Sides, 3G, Ascendant Single Axle 2 Qty, - 02 Location, Tray Slide-Out, Floor Mounted - D1 and P1 Material Finish, Tray - Painted - Spatter Gray

260 0544614 Toolboard, Swing-out, Alum, .188", Peg Board, 3G 1 Qty - 1 Location, Pivot - Front Mounting, Toolboard - Adjustable Frt-back Hole Diameter, Pegboard/Toolboard - .203" diameter Finish, Pegboard/Toolboard - Painted - Spatter Gray Location, Toolboard - P1

261 0602247 SP Drain Holes, Compt Floor, Plug w/Foam and Silicone Caulk 1 Location - all compartments

262 0003909 Drain Hole w/Splash Guard 2 Location - one each pike pole compartment Qty, Comp. Accessory - 02

263 0003934 Dust Filter, Compt Louvers 9 Location - all compartments Qty, - 09

264 0667323 Cutout, Removable Fender Liner, Body, Single Axle, Painted 1265 0061917 Rub Rail, Aluminum Extruded, 3.12", Side of Body 1266 0565606 Fender Crowns, Rear, S/S, w/Removable Fender Liner, Aerial, 3rd Gen 1267 0519849 Not Required, Hose, Hard Suction 1268 0626229 Handrails, Side Pump Panels, Per Print 1269 0603130 Compt, Air Bottle, Spcl Dbl, in Fender Panel, Alum,3rd Gen,Ascendant Single Axle 3

Qty, Air Bottle Comp - 3 Location, Air Bottle - (1) DS Ahead Rr Wheel, (1) PS Ahead Rr Wheel and (1) PS Behind Rr Wheel Door Finish, Fender Compt - Polished Latch, Air Bottle Compt - Flush Lift & Turn Insert, Air Bottle Compt - Rubber Matting

270 0004220 Ladder, 35' Duo-Safety 1225-A 3-Sect 1271 0600821 Ladder, 24' Duo-Safety 900A 2-Section, Ascendant Single Axle, 75' HAL 1

Qty, - 01 Location, Extension Ladder - ladder storage

272 0004232 Ladder, (2) 16' Duo-Safety 875A Roof 1273 0024233 Not Required, Attic Extension Ladder 1274 0600819 Ladder, 10' Duo-Safety Folding, 585A, Ascendant Single Axle, 75' HAL 1

Qty, - 01

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274 Location, Folding Ladder Aerial - ladder storage275 0624687 Ladders Stored at Rear, Ascendant Single Axle, Smooth Aluminum Doors 1276 0600674 Lights, Torque Box Ladder Storage, Not Required, Ascendant Single, 75' HAL 1277 0789543 Pike Pole, 12' DUO Safety, Fiberglass 2

Qty, - 02278 0789564 Pike Pole, 8' DUO Safety, Fiberglass, Aerial 2

Qty, - 02279 0789566 Pike Pole, 6' DUO Safety, Fiberglass, Aerial 2

Qty, - 02280 0789586 Pike Pole, 3' DUO Safety, Fiberglass, w/D Handle 2

Qty, - 02281 0024388 No Steps Required, Front Of Body 1282 0010458 Platform, Slide Out, 500 lb Capacity, w/Morton Cass 2

Location, Additional Step - one each side under pump panel Qty, Slideout Step - 2 Light, Long Step - Amdor Lumabar H2O

283 0004390 Step, Folding - Extra, Body Only, Eberhard 5 Qty, Folding Step - 05 Location, Additional Step - to be determined

284 0004435 Pump, Waterous, CSU, 2000 GPM, Single Stage 1285 0004482 Seal, Mechanical, Waterous 1286 0559769 Trans, Pump, Waterous C20 Series 1287 0635600 Pumping Mode, Stationary Only 1288 0605126 Pump Shift, Air w/Manual Override, Split Shaft, Interlocked, Waterous 1289 0003148 Transmission Lock-up, EVS 1290 0004547 Auxiliary Cooling System 1291 0014486 Not Required, Transfer Valve, Stage Pump 1292 0004517 Valve, Relief Intake, Elkhart, Set @ 125 PSI 1293 0546803 Controller, Pressure, Class 1 Total Pressure Governor (TPG) 1294 0072153 Primer, Trident, Air Prime, Air Operated 1295 0629048 SP Check Valve, Tank to Pump Line, Waterous Model K980 1296 0662311 Pipe Plugs in Pump, All Brass or Stainless Steel 1297 0004570 Diagram, Plumbing 1298 0044552 Line, 0.50" Recirculating w/Check Valve 1299 0611866 SP Strainer, Water, Special Location 1

Fill in Blank - same as pumpers300 0780364 Manuals, Pump, (2) Total, Electronic Copies 1301 0778838 SP Plumbing, Stainless Steel and Hose, Single Stage Pump, Incl Aux Inlet Manifolds 1302 0795135 Plumbing, Stainless Steel, w/Foam System 1303 0004645 Inlets, 6.00" - 1250 GPM or Larger Pump 1304 0004646 Cap, Main Pump Inlet, Long Handle, NST, VLH 1305 0014650 Short Suction Tube, Both Sides 1306 0084610 Valves, Akron 8000 series- All 1307 0004660 Inlet, Left Side, 2.50" 1308 0004680 Inlet, Right Side, 2.50" 1309 0004685 Valve, Inlet(s) - Outside Panel 1310 0506006 Anode, Zinc, (4) Pump- Inlets/Outlets 1311 0004700 Control, Inlet, at Valve 1312 0092569 No Rear Inlet (Large Dia) Requested 1313 0092696 Not Required, Cap, Rear Inlet 1314 0064116 No Rear Inlet Actuation Required 1315 0009648 No Rear Intake Relief Valve Required on Rear Inlet 1316 0092568 No Rear Auxiliary Inlet Requested 1317 0563738 Valve, .75" Bleeder, Aux. Side Inlet, Swing Handle 1318 0029043 Tank to Pump, (1) 3.00" Valve, 3.00" Plumbing 1319 0004905 Outlet, Tank Fill, 1.50" 1320 0004940 Outlet, Left Side, 2.50" 3

Qty, Discharges - 03321 0092570 Not Required, Outlets, Left Side Additional 1322 0004945 Outlet, Right Side, 2.50" 2

Qty, Discharges - 02

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323 0092571 Not Required, Outlets, Right Side Additional 1324 0005047 Outlet, 4.00" w/4.00" Right, Handwheel 1

Valve, Brand - Akron325 0649939 Outlet, Front, 1.50" w/2.00" Plumbing 1

Fitting, Outlet - 1.50" NST with 90 degree swivel Drain, Front Outlet - Class 1 Automatic Location, Front, Single - in center bumper tray

326 0092575 Not Required, Outlet, Rear 1327 0092574 Not Required, Outlet, Rear, Additional 1328 0092573 Not Required, Outlet, Hose Bed/Running Board Tray 1329 0085076 Caps for 1.50" to 3.00" Discharge, VLH 1330 0563739 Valve, 0.75" Bleeder, Discharges, Swing Handle 1331 0005091 Elbow, Left Side Outlets, 45 Degree, 2.50" FNST x 2.50" MNST, VLH 1332 0035094 Not Required, Elbow, Left Side Outlets, Additional 1333 0025091 Elbow, Right Side Outlets, 45 Degree, 2.50" FNST x 2.50" MNST, VLH 1334 0089584 Not Required, Elbow, Right Side Outlets, Additional 1335 0045099 Not Required, Elbow, Rear Outlets 1336 0085695 Not Required, Elbow, Rear Outlets, Large, Additional 1337 0005097 Elbow, Large Dia Outlet, 30 Deg, 4.00" FNST x 5.00" Storz 1

Qty, - 01338 0062133 Control, Outlets, Manual, Pierce HW if applicable 1339 0029106 Not Required, Deluge Outlet 1340 0029302 No Monitor Requested 1341 0029304 No Nozzle Req'd 1342 0029107 No Deluge Mount 1343 0047583 Waterway Outlet & Control, 4.00" Akron, Handwheel 1344 0029167 Crosslays Sngl Sheet Unpainted, (2+) 1.50", Std. Cap 2

Qty, Crosslays - 2345 0029230 Crosslay, (1) 2.50" Spl Cap/Arrangement, Brushed Finished Divider 1

Capacity, Special Xlay - 200' of 2.5"346 0029260 Not Required, Speedlays 1347 0591145 Hose Restraint, Crosslay/Deadlay, Top and Ends, Elastic Netting 2

Qty, - 02348 0009257 Cutout, Handhold, Crosslay Divider 4

Qty, - 04349 0624936 Foam Sys, Husky 12, Single Agent, Multi Select Feature 1

Discharge, Foam Locations - Front Bumper Center, Rear Outlet Left Side, Crosslay Front and Crosslay Rear Discharge, Foam Locations - Front Bumper Center, Rear Outlet Left Side, Crosslay Front and Crosslay Rear

350 0012126 Not Required, CAF Compressor 1351 0552481 Refill, Foam Tank, Single Tank, Husky 12, Class A Foam 1352 0031896 Demonstration, Foam System, Dealer Provided 1353 0661787 SP Foam Cell, 30 Gallon Green Poly Fill Tower 1

Type of Foam - Class "A" Foam, Brand Name - to be determined

354 0505016 Drain, 1.00", Foam Tank #1, Husky 12 Foam System 1355 0091079 Not Required, Foam Tank #2 1356 0091112 Not Required, Foam Tank Drain 1357 0620530 Pump House, Side Control, 52", Control Zone, Aerial 1358 0032479 Pump Panel Configuration, Control Zone 1359 0562698 Step, Slide-Out/Fold-Out, Pump Operator Platform, Aerial 1360 0667186 Light, Slide-Out Pump Operator Step, On Scene Solutions Access LED, Short Step 1361 0635355 Material, Pump Panels, Side Control Painted FormCoat Black 1

Material Finish, Pump Panel, Side Control - Painted FormCoat Black Material, Pump Panel, Side Control - Aluminum

362 0005578 Panel, Pump Access - Pass Side Only 1363 0035501 Pump House Structure, Std Height 1364 0005945 Light, Pump Compt 1365 0586438 Gauges, Engine - Pump Panel, IAT Pressure Controller 1366 0005601 Throttle Included w/ Pressure Controller 1

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367 0549333 Indicators, Engine, Included with Pressure Controller 1368 0009227 Gauges, 6.00" Master, Class 1, Special 1

Gauge Pressure Range - 30"-0-600 psi/kpa Color Dial Face - white

369 0008637 Gauge, 2.50" Pressure, Class 1, Special 1 Gauge Pressure Range - 30"-0-400 psi Color Dial Face - white

370 0062586 Gauge, Water Level, Class 1, Pierce Std 1371 0045760 Alarm, Audible, Water Level, Pump Panel 1372 0060753 Water Level Gauge, Whelen PSTANK, LED 1-Light, 4-Level 2

Qty, - 02 Activation, Water Level G - pb) parking brake is applied Location, Water Level Gauge - Each Side Custom Cab

373 0062992 Gauge, Foam Level, (1) Tank, Class 1, 5lt 1374 0682503 Light Shield/Step 8" LED, P25 LED Stp Lt 1375 0682498 Light Shield/Step 8", PS LED, P25 LED Stp Lt 1376 0643655 Air Horns, (2) Grover, Stutter Tone, 2040 Rect, Below Bumper 1377 0606835 Location, Air Horns, Bumper, Each Side, Outside Frame, Outboard (Pos #1 & #7) 1378 0016065 Control, Air Horn, Horn Ring, PS Chrome Push Button 1379 0097586 Siren, Federal PA640 1

Control from Elec Siren - to be determined380 0510206 Location, Elect Siren, Recessed Overhead In Console 1

Location, Elec Siren - Overhead, DS Inside Sw Pnl381 0076157 Control, Elec Siren, Horn Ring 1382 0601329 Speaker, (2) Federal, ES100C w/ESFMT-EF Recess Mnt & S/S Grille 1

Connection, Speaker - siren head383 0601559 Location, Speaker, Frt Bumper, Recessed, Each Side, Inside Frame (Pos 3 & 5) 1384 0686334 Siren, Aux Federal EQ2B-200, 200 Watt, Control Head and Amplifier 1385 0688031 Control, Aux Electric Siren, Driver's Side Foot Sw 1386 0686830 Location, Aux Elect Siren, Behind PS Seat 1387 0622205 Speaker, Aux, Siren, Federal ES100C, ESFMT-EF Recess Mnt w/Grille 2

Qty, - 02388 0687950 Location, Aux Siren Speaker, Frt Bumper, Recess, LS, Outside Frame,Otbrd (Pos 7) 1389 0776604 SP Lightbar, Wln, Freedom IV, Rota-Bm, 2-23", rRWR BWBb 1

Filter, Whl Freedom Ltbrs - No Filters390 0669501 Light, Tomar 3065-CHROME Emitter, Traffic Preemption 1

Location - front of cab DS roof Opticom Priority - b) High Opticom Activation - Cab Switch & E-Master

391 0776591 SP Light, Tomar 3065-CHROME Emitter, Traffic Preemption, 2nd 1 Location - front of cab PS roof Opticom Priority - b) High Opticom Activation - Cab Switch & E-Master

392 0644426 Light, Front Zone, Wln M9**, LED 1 Color, Lens, LED's - c)clear Color, Lt DS Front - Red Color, Lt PS Front - Blue

393 0650965 Light, Front, Whelen M9* LED, Front of Body 1st 2 Location, Lights - one each side below headlights Qty, - 02 Color, Lights, Warning - gla) red Control, Light - h) front warning Color, Lens, LED's - c)clear

394 0632502 SP Flash Pattern/Programming, Two (2) pair Frnt Warn Lts, X-Pattern, Upper & Lower 1395 0653937 Flasher, Headlight Alternating 1

Headlt flash deactivation - a)w/high beam396 0776599 SP Lights, Side Zone Lower, Whelen M9** LED, 3pr 1

Location, Lights Mid - behind crew cab door Location, Lights Rear - over wheel wels Location, Lights Front Side - b)each side bumper Color, Lens, LED's - Color, Lt Side Front, DS - Blue

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396 Color, Lt Side Front, PS - Red Color, Lt Side Mid DS - Red Color, Lt Side Mid PS - Blue Color, Lt Side Rear PS - Blue Color, Lt Side Rear DS - Red

397 0540774 Lights, Side, Whelen M9*C LED, Clear Lens 2 Location, Lights - DS BEHIND CREW DOOR HIGH AND PS ABOVE P3 Qty, - 02 Color, Lights, Warning - d) blue

398 0567553 Lights, Side, Whelen M9*C LED, Clear Lens 2nd 2 Location, Lights - PS behind crew door high and over D2 Qty, - 02 Color, Lights, Warning - gla) red

399 0076758 Lights, Rear Zone Lower, Whelen 60*02F*R LED, pair 1 Flange Kit - Color,Whln Sup600 LED -

400 0540799 Lights, Rear, Whelen M9*C LED, Clear Lens 2 Color, Light - d) amber Location, Rear Lights - Rear compt bulkheads Qty, - 02 Control, Light - i) park brake

401 0006700 Mounting, Lights, Recess In Rear Bulkhead (pair) 2 Location - same as pumper Qty, Lights, Pair - 2

402 0686562 Light, Rear Zone Upper, Whelen MCFLED2* LED 1 Color, Lens, LED's - c)clear Color, Lt, Rear Upper DS - b) DS Rear Upper Blue Color, Lt, Rear Upper PS - r) PS Upper Rear Red

403 0006551 Not Required, Lights, Rear Upper Zone Blocking 1404 0791501 Light, Traffic Directing, Whelen TAL65, 36" Long LED, Aerials 1

Activation, Traffic Dir L - Control Head Only405 0530074 Location, Traf Dir Lt, On Top of Body Below Turntable w/Trdplt Box 1406 0530288 Location, Traf Dir Lt Controller, Overhead Recessed Console, above Eng Tnl DS 1407 0006646 Electrical System, 120/240VAC, General Design 1408 0516618 Generator, Harrison 10kW MCR Hydraulic, Hot Shift PTO 1

Generator Interlocks - No Interlocks409 0006645 Location, Hydraulic Generator Above Pump 1

Location, Generator(s) - Over Pump, Centered410 0016752 Starting Sw, Truck Engine Powered Gen, Cab Sw Pnl 1411 0016757 Not Required, Remote Start, Generator 1412 0016740 Not Required, Fuel System 1413 0016767 Not Required, Oil Drain Extension, Generator 1414 0016771 Not Required, Routing Exhaust, Generator 1415 0542278 Circuit Breaker Panel, Included With PTO Generator, w/Std Door 1

Location, CB Panel - to be determined during drawing review416 0519934 Not Required, Brand, Hydraulic Tool System 1417 0649753 Not Required, PTO Driven Hydraulic Tool System 1418 0649750 Not Required, Hydraulic Reels 1419 0786787 Aerial, 107' ASL Single Axle, Enhanced Hydraulics, Heavy Duty Ladder, 750# Tip 1420 0000042 Boom Support, Rear of the Chassis Cab 1421 0799362 Light, Boom Support, Wln 50C03ZCR, LED 1422 0799569 Boom Support Compartment, Rear of Cab, Cab Height, Full Depth 1

Latch, Door, Storage - Lift and Turn Latch, Flush, Pair Hinge, Location - Forward

423 0680821 Boom Panel, Pair 1 Paint Color, Predefined - #10 white

424 0526890 Not Required, Indicator, Extension 1425 0591645 Steps, Folding, Four, Aerial Device, Trident 1

Coating, Step - black426 0688232 Rung Covers, Aerial Device 1

Rung Cover Color - Safety Yellow

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427 0679013 Box, Stokes, w/Cover, Base Section, In Place of Boom Panel 2 Qty, - 02 Finish - Painted, Aerial Device Color Latch, Door, Storage - Butterfly Latch Location, Aerial Device - each side Louvers - no louvers Size, Stokes Basket Predefined - 84"L x 25"W x 9"H

428 0601972 Lights, Turntable Walkway, P25, LED 1429 0601949 Light, Turntable Console, TecNiq T-10, LED Strip Light 1430 0624684 Control Stations, ASL Single Axle, MUX, Color Display 1431 0624682 Stabilizers, One Set, Ascendant Single Axle 1

Material, Stabilizer Pad - Composite432 0782113 Door, Stabilizer Control Box, Ascendant Single Axle MUX, Smooth Aluminum 1433 0624678 Hydraulic System, Ascendant Single Axle 1434 0615180 Swivels, w/Encoder, ASL Single Axle, (28 Collector Rings) 1435 0624676 Electrical System, ASL Single Axle, MUX 1436 0709376 Lights, Wln MPB* Micro LED, Trk & Tip, 4lts (PAL/HAL) 1

Location, Sw, Arl DC Lts - m) 2 locations Color, Wln Lt Housing - White Paint

437 0653677 Lighting, Rung, LED, TecNiq, 4 Section, Base, Lower/Upper Mid, Fly 1 Control, Aerial Rung Lighting - Turntable Sw w/Master Batt Sw Color, Lt Aerial Fly Sect - Blue Color, Lt Aerial Base Sect - Blue Color, Lt Aerial Lower Mid Sect - Blue Color, Lt Aerial Upper Mid Sect - Blue

438 0540741 Lights, Stabilizer Warn (1) Set, Whelen M9*C LED, Rear Clear Lens 1 Color, Lt Rr Stabilzr Pan - r) Pan Light Red

439 0617469 Lights, Whelen T0R00FRR LED 2", Stabilizer Beam (1) Set, Ascendant 1440 0601307 Lights, Stabilizer Scene, 3-Amdor H2O AY-9500-012 12", LED, Ascendant Single 1441 0006929 Not Required, 120v To Tip 1442 0006920 Intercom, 2-Way Atkinson (PAL) 1443 0540895 Not Required, Breathing Air to Tip, Aerial Ladder 1444 0024742 Not Required, Mask, Breathing Air To Tip 1445 0610887 Aerial Pedestal, Ascendant Single Axle 1446 0530826 Turntable Access, ManSaver Bars, Yellow 1447 0624672 Waterway, High Flow, 1500 GPM, ASL 1448 0603173 Monitor, TFT Typhoon Y5-EB1A-L30 Electric, w/Extended Vertical Travel 1

Nozzle, Monitor 1 PAL - TFT M-ERP1500 Electric 1500 gpm449 0542378 Wireless Monitor Remote Control, TFT YE-RF-900 1450 0010758 Flow Meter, Waterway, PAL (Mux) 1451 0624671 Inlet, 5.00" w/5.00" Aluminum, Plumbing at Rear, Ascendant Single Axle 1452 0673128 Quick-Lock Waterway Locking System, 100' HDL/MDL, 105' HDL, ASL 1453 0013164 Elbow, Aerial Inlet, 5" FNST x 5" Storz w/Cap 1

Location - rear Qty, - 1

454 0518550 Outlet, 2.50" Auxiliary, LHS, Aerial Tip 1455 0047897 Tools, Aerial 1456 0559494 Manuals and Training, 3 Days, Ascendant Ladder, PAL 1457 0007150 Bag of Nuts and Bolts 1

Qty, Bag Nuts and Bolts - 1458 0602497 NFPA Required Loose Equipment, Quint, NFPA 2016, Provided by Fire Department 1459 0519913 Not Required, Soft Suction Hose 1460 0027023 No Strainer Required 1461 0602534 Extinguisher, Dry Chemical, Quint NFPA 2016, Provided by Fire Department 1462 0602352 Extinguisher, 2.5 Gal. Pressurized Water, Quint, NFPA 2016,Provided by Fire Dept 1463 0007482 Not Required, Crowbars 1464 0007484 Not Required, Claw Tools 1465 0602883 Axe, Flathead, Quint NFPA 2016, Provided by Fire Department 1466 0602670 Axe, Pickhead, Quint NFPA 2016, Provided by Fire Department 1467 0007494 Not Required, Sledgehammers 1

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468 0559573 Paint, Single Color, Custom 1 Paint Color, Predefined - Red # 268

469 0646901 Paint Chassis Frame Assy, With Liner, E-Coat, Standard 1 Paint Color, Frame Assembly, Predefined - Black

470 0693797 No Paint Required, Aluminum Front Wheels 1471 0693792 No Paint Required, Aluminum Rear Wheels 1472 0603031 Paint, Aerial Device Boom Support 1

Paint Color, Boom Support - black 101473 0509891 Coating, Protective Line-X Lining, Wheelwell Liners 4

Color, Paint - Black Qty, - 04

474 0007230 Compartment, Painted, Spatter Gray 1475 0623403 Aerial Ladder Paint, ASL-Single Axle 1

Paint Color, Aerial Device - White 10476 0544129 Reflective Band, 1"-6"-1" 1

Color, Reflect Band - A - a) white Color, Reflect Band - B - l) white Color, Reflect Band - C - w) white

477 0510041 Reflective across Cab Face, Imp/Vel 1478 0624670 Stripe, Chevron, Rear, Diamond Grade, Aerial, Ascendant Single Axle 1

Color, Rear Chevron DG - fluorescent yellow green479 0598754 Stripe, Reflective/Diamond Grade, 4.00" on Stabilizers 1

Color, Reflect Band - A - p) fluorescent yellow green diamond grade480 0082587 Folded Ribbon in Reflective Stripe, Pair With Air Brushing 1

Location - as per drawing Qty, - 1

481 0017359 Stripe, Black Outline, Vinyl on Reflective Band 3 Qty, - 03

482 0658476 SP Stripe, Reflective, Chevron, Body Compt Dr Int, DOT D-Grade, L shape corners 10 Location - all compartment doors Qty, - 10

483 0669643 Stripe, Reflective, Inside Aluminum Rub Rail 6 Color, Reflect Band - A - a) white Qty, - 06

484 0552453 Stripe, Reflective, Chevron, Cab and Crew Cab Doors Interior, Diamond Grade 1 Color, Reflect Band - A - o) fluorescent yellow diamond grade Size, Chevron Striping - 06 Color, Reflect Chev - A - s) fluorescent yellow diamond grade

485 0033179 Lettering Specifications, Reflective 1486 0686153 Lettering, Reflective, 4.00", (21-40) 1

Outline, Lettering - Outline and Shade487 0685540 Lettering, Printed Effect Gold Leaf, 9.00", Each 4

Qty, Lettering - 04 Outline, Lettering - Outline and Shade

488 0685562 Lettering, Printed Effect Gold Leaf, 5.00", Each 4 Qty, Lettering - 04 Outline, Lettering - Outline and Shade


490 0516701 Emblem, American Flag Painted on Cab Grille, All Custom Chassis 1491 0056505 Emblem, "Honoring America's Bravest" w/Helmet, Color Image, Std, Pair 1

Qty, - 1 Location, Emblem - same as previous units

492 0784284 SP Emblem, Monogram w/Ribbon, Printed Effect Gold Leaf, Pair 1 Qty, - 01 Location, Emblem - located on cab doors

493 0788757 SP Emblem, Monogram w/Ribbon Above and Below, Reflective, Pair 1 Qty, - 01 Location, Emblem - located on cab doors

494 0695610 Emblem, Reflective, Per Dept. Submittal, Each 2 Qty, - 02 Location, Emblem - D1 and P1 doors inset into the SCL/S

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494 Size, Dept Seal, Reflect - 10" - 12"495 0614796 Handling Charge on Ascendant Single Axle 1496 0529225 Manuals, Two (2) CD, Fire Apparatus Parts, Custom Chassis 1497 0531636 Manual, Two (2) CD, Chassis Service, Custom 1498 0531638 Manual, Two (2) CD, Chassis Operation, Custom 1499 0030008 Warranty, Basic, 1 Year, Apparatus, WA0008 1500 0611136 Warranty, Chassis, 3 Year, Velocity/Impel, WA0284 1501 0696696 Warranty, Engine, Detroit DD13, 5 Year, WA0180 1502 0684953 Warranty, Steering Gear, Sheppard M110, 3 Year WA0201 1503 0595767 Warranty, Frame, 50 Year, Velocity/Impel, Dash CF, WA0038 1504 0595698 Warranty, Axle, 3 Year, TAK-4, WA0050 1505 0530524 Warranty, Axle, 2 Year, Meritor, General Service, WA0046 Replaced with 777368 1506 0652758 Warranty, ABS Brake System, 3 Year, Meritor Wabco, WA0232 1507 0019914 Warranty, Structure, 10 Year, Custom Cab, WA0012 1508 0595813 Warranty, Paint, 10 Year, Cab, Pro-Rate, WA0055 1509 0595770 Warranty, Power Step, 2 Year, WA0031 1510 0524627 Warranty, Electronics, 5 Year, MUX, WA0014 1511 0695416 Warranty, Pierce Camera System, WA0188 1512 0647720 Warranty, Pierce LED Strip Lights, WA0203 1513 0046369 Warranty, 5-year EVS Transmission, Standard Custom, WA0187 1514 0685945 Warranty, Transmission Cooler, WA0216 1515 0688798 Warranty, Water Tank, Lifetime, UPF, Poly Tank, WA0195 1516 0596025 Warranty, Structure, 10 Year, Body, WA0009 1517 0693127 Warranty, Gortite, Roll-up Door, 6 Year, WA0190 1518 0063510 Warranty, Pump, Waterous, 5 Year Parts, WA0225 1519 0648675 Warranty, 10 Year S/S Pumbing, WA0035 1520 0657846 Warranty, Foam System, Husky 12, WA0231 1521 0006999 Warranty, Structure, 20 Year, Aerial Device, WA0052 1522 0687388 Warranty, Swivels, 5 Year, Aerial Device, WA0197 1523 0685727 Warranty, Hydraulic System and Components, 3 Year/5 Year, WA0200 1524 0687327 Warranty, Waterway, 10 Year, Aerial Device, WA0198 1525 0595860 Warranty, Paint, 4 Year, Aerial Device, Pro-Rated, WA0047 1526 0609981 Warranty, Harrison Generator, 6 Year, WA0285 1527 0595820 Warranty, Paint, 10 Year, Body, Pro-Rate, WA0057 1528 0595412 Warranty, Graphics Lamination, 1 Year, Apparatus, WA0168 1529 0683627 Certification, Vehicle Stability, CD0156 1530 0610837 Certification, Engine Installation, Velocity, Detroit DD13, 2016, CD0148 1531 0686786 Certification, Power Steering, CD0098 1532 0667417 Certification, Cab Integrity, Velocity FR, CD0009 1533 0548950 Certification, Cab Door Durability, Velocity/Impel, CD0001 1534 0548967 Certification, Windshield Wiper Durability, Impel/Velocity, CD0005 1535 0667411 Certification, Electric Window Durability, Velocity/Impel FR, CD0004 1536 0549273 Certification, Seat Belt Anchors and Mounting, Imp/Vel/Vel SLT, CD0018 1537 0667416 Certification, Cab Heater and Defroster, Velocity/Impel FR, CD0015 1538 0667415 Certification, Cab Air Conditioning Performance, Velocity/Impel FR, CD0016 1539 0545073 Amp Draw Report, NFPA Current Edition 1540 0002758 Amp Draw, NFPA/ULC Radio Allowance 1541 0799248 Appleton/Florida BTO 1542 0000049 Ascendant BODY 1543 0000012 PIERCE CHASSIS 1544 0562778 DD13 ENGINE 1545 0046396 EVS 4000 Series TRANSMISSION 1546 0020011 WATEROUS PUMP 1547 0020009 POLY TANK 1548 0028048 FOAM SYSTEM 1549 0020006 SIDE CONTROL 1550 0020007 AKRON VALVES 1551 0020015 ABS SYSTEM 1552 0658751 Manufacturing Attribute 1

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October 5, 2017

City of Gilbert, AZ

One (1) Quantum Pumper JC419


Proposal Price 758,634.00$




Total Bid Price Including Sales Tax 821,630.62$








Subtotal including all pre-pay discounts 720,751.00




Total Bid Price Including Pre-Pay Discounts & Sales Tax 780,603.34$

Terms:

Two (2) factory inspection trips for four (4) fire department customer representatives is included in the above pricing. The inspection trips will be scheduled at

times mutually agreed upon between the manufacture's representative and the customer. Airfare, lodging and meals while at the factory are included. If the

Department elects to forgo an inspection trip $1,850.00 per traveler (per trip) will be deducted from the final invoice.

Based on the current delivery schedule the unit would be ready for delivery from factory within 9 to 12 months after contract execution. Delivery is subject to

change pending Pierce's delivery schedule at order placement.

Transportation of the unit to be driven from the factory is included in the pricing. However, if we are unable to obtain necessary permits, due to the weight of the

unit, and the unit must be transported on a flat bed, additional transportation charges will be the responsibility of the purchaser. We will provide pricing at that time

if necessary.


If payment discount options are not elected standard payment terms will apply: Final payment will be due 30 days after the unit leaves the factory for delivery. If

payment is not made at that time a late fee will be applicable.

An invoice will be provided 30 days prior to the chassis payment due date if elected.


An annual price increase will go into effect for all orders processed after January 31, 2018. If order is not submitted prior to that date, a 3% price increase will be

required.

If the Town of Gilbert would like to transport the uit from the factory to their facility a deduction of (4,500.00) is available.

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1 0671399 Boiler Plates, Pumper 1 Fire Department/Customer - TOWN OF GILBERT Operating/In conjunction W-Service Center - Operating Miles - 25 Miles Number of Fire Dept/Municipalities - 25 Bidder/Sales Organization - HUGHES FIRE EQUIPMENT Delivery - Delivery representative Dealership/Sales Organization, Service - HUGHES FIRE EQUIPMENT

2 0661794 Single Source Compliance 13 0584456 Manufacture Location: Appleton, Wisconsin 14 0584452 RFP Location: Appleton, Wisconsin 15 0588609 Vehicle Destination, US 16 0670275 Unit to be Similar in some Aspects, Excluding Pump Panel 1

Fill in Blank - This job for Gilbert is based off of Mesa, AZ - 28256 is previous Mesa. 30200 is the current Mesa going through

7 0610784 Comply NFPA 1901 Changes Effective Jan 1, 2016, With Exceptions 18 0533347 Pumper/Pumper with Aerial Device Fire Apparatus 19 0588611 Vehicle Certification, Pumper 1

10 0661778 Agency, Apparatus Certification, Pumper/Tanker, U.L. 111 0007289 Delivery 1

Location - Town of Gilbert, AZ Fill in Blank - 270

12 0000114 Inspection Trip(s) 2 Qty, - 02 Fill in Blank - four

13 0537375 Unit of Measure, US Gallons 114 0030006 Bid Bond Not Requested 115 0582696 Performance Bond, 100 Percent w/Warranty Bond, 2 Yrs, and Payment Bond 1

Percentage, Contract - 100%16 0000007 Approval Drawing 117 0683883 Electrical Diagrams, 12V As-Built on CD, Custom Chassis Pumper 1

Diagrams, Hard Copy - No hard copies18 0559980 Quantum Chassis, 2010 119 0021007 Maximum Overall Height 1

Size - 136.00"20 0021010 Maximum Overall Length 1

Size - 418.00 21 0000110 Wheelbase 1

Wheelbase - 210.75 inches 22 0000070 GVW Rating 1

GVW rating - 50,000 lbs23 0000203 Frame Rails, 13.38 x 3.50 x .375, Qtm/AXT/Imp/Vel/DCF 124 0020018 Frame Liner Not Req'd 125 0090913 Axle, Front, Oshkosh TAK-4, Non Drive, 24,000 lb, Qtm/AXT/DCF 126 0090914 Suspension, Front TAK-4, 24,000 lb, DLX/Qtm/AXT/Vel/Enf 127 0087572 Shock Absorbers, KONI, TAK-4, Qtm/AXT/Imp/Vel/DCF/Enf 128 0000322 Oil Seals, Front Axle 129 0679621 Tires, Front, Michelin, XZY3 (wb), 425/65R22.50, 20 ply, Fire Service Load Rtng 130 0019611 Wheels, Front, Alcoa, 22.50" x 12.25", Aluminum, Hub Pilot 131 0000310 Request for Turning Radius Report 132 0675805 SP Axle, Rear, Meritor RS26-185, 26,000 lb 1

Customer: TOWN OF GILBERT AZ Bid Number: 419Representative Clifford, James Job Number: Organization: Hughes Fire Equipment, Inc Number of Units: 1Requirements Manager: Bid Date: 07-20-2017Description: GILBERT AZ - 2017 QUANTUM PUMPER Stock Number: Body: Pumper, Medium, Galvanneal, 2nd Gen Price Level: 1 (Current: 36)Chassis: Quantum Chassis, 2010

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33 0544250 Top Speed of Vehicle, 65 MPH 134 0675808 SP Suspen, Rear, Reyco, Spring, 26,000 lb 135 0000485 Oil Seals, Rear Axle 136 0039369 SP Tires, Rear, Michelin, XZA1, 315/80R22.50, 20 ply, Single 137 0019668 Wheels, Rear, Alcoa, 22.50" x 9.00", Aluminum, Hub Pilot, Single 138 0568081 Tire Balancing, Counteract Beads 139 0620570 Tire Pressure Monitoring, RealWheels, AirSecure, Valve Cap, Single Axle 1

Qty, Tire Pressure Ind - 640 0003245 Axle Hub Covers w/center hole, S/S, Front Axle 141 0001960 Axle Hub Covers, Rear, S/S, High Hat (Pair) 142 0012045 Mud flaps, w/Logo Rear 143 0544802 Chocks, Wheel, SAC-44-E, Folding 1


Qty, Pair - 01 Location, Wheel Chocks - Left Side Rear Tire, Forward

45 0010671 ABS/ATC Wabco Brake System, Single Rear Axle 146 0030185 Brakes, Knorr/Bendix 17", Disc, Front, TAK-4 147 0000730 Brakes, Meritor, Cam, Rear, 16.50 x 7.00" 148 0058463 Air Compressor, Brake, Bendix 15.8 CFM 149 0000785 Brake Reservoirs, Three 150 0568012 Air Dryer, Wabco System Saver 1200, Heater, 2010 151 0000790 Brake Lines, Nylon 152 0000855 Air Inlet, w/Disconnect Coupling, Quantum 1

Location, Air Coupling(s) - b) DS Seat Riser Qty, Air Coupling (s) - 1

53 0014130 Air Tank, Additional for Extra Air Horn Capacity 154 0000853 Compressor, Air, Kussmaul 091-9 12V Brake System 1

Location - to be determined55 0786530 SP AIr Tanks, Above Bottom of Frame Flange, Behind Rear Axle 156 0615609 Fittings, Compression Type, Entire Apparatus, Single Rear Axle 157 0533727 SP Fittings, Remote Large & Bulky, Mesa 158 0610857 Engine, DDC DD13, 505 hp, 1750 lb-ft, W/OBD, EPA 2016, Qtm 159 0001244 High Idle w/Electronic Engine, Custom 160 0001236 Not Required, Auxiliary Brake, Alt. Aux. Brake Selected 161 0699098 Air Intake, w/Ember separator Raised Side of Cab, Qtm 2010 162 0565965 Exhaust System, 5", 2010 DD13, ISX engine, Horizontal, Right Side 163 0584204 Radiator, Quantum 2010 164 0629312 SP Cooling Hoses, Flexfab Silicone - Mesa 165 0788718 Radiator Coolant, Peak Final Charge Global OAT, Red 166 0041125 Fuel Tank, 65 Gallon, Dual Fills 167 0001128 Lines, Fuel, Wire Braided, Reusable Fittings 168 0582182 DEF Tank, 4.5 Gallon, DS Fill, Rear of Rear Axle, Common Door 1

Door, Material & Finish, DEF Tank - Polished Stainless69 0552793 Not Required, Fuel Priming Pump 170 0552712 Not Required, Shutoff Valve, Fuel Line 171 0553019 Cooler, Engine Fuel, Imp/Vel, AXT/Qtm/Sab/DCF/SFR/Enf 172 0690880 No Selection Required From This Category 173 0642589 Trans, Allison 5th Gen, 4000 EVS PR, w/Prognostics, Quantum 1

Trans. retarder capacity - e. medium/1600, 4000 EVS Trans, retarder control - l) Auto 1/3, 2/3, 3/3

74 0625331 Transmission, Shifter, 6-Spd, Push Button, 4000 EVS 175 0797408 Transmission Oil Cooler, Modine, External, w/Modine External Sump 176 0565656 Fluid, 4000 Series Transmission,TranSynd synthetic, IPOS, Custom 177 0001375 Driveline, Spicer 1810 178 0669988 Steering, Sheppard M110 w/Tilt, TAK-4, Eaton Pump, w/Cooler 179 0001544 Not Required, Steering Assist Cylinder on Front Axle 180 0509230 Steering Wheel, 4 Spoke without Controls 181 0690274 Logo/Emblem, on Dash 1

Text, Row (1) One - Gilbert Text, Row (2) Two - Fire &

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81 Text, Row (3) Three - Rescue82 0596518 Mud Flaps, Front 183 0034671 Lube System, Vogel, 22 Point, w/TAK-4 Suspension 1

Location - passenger side pump panel to match previous 2606984 0778980 SP Bumper, 26" Extended, Under Slung, Recessed Xlays/Trays, Qtm, Gilbert AZ 185 0002270 Tow Hooks, Chrome 186 0562585 Cab, Quantum, 2010, 6712 Raised Roof 187 0677478 Rear Wall, Exterior, Cab, Aluminum Treadplate 188 0598635 Cab Lift, Quantum, 2010, Bumper, Manual Back-Up, Tethered Remote 189 0015440 No Chrome Molding, On side of cab 190 0007548 Mirrors, Ramco, 6240FFHR-750, Heated/Remote, w/Bolt-on Convex, Cab Mount,

Qtm1

91 0599725 Door, Half-Height, Quantum 4-Door Cab, Raised Roof 192 0655500 Door Panel, Polished Stainless Steel, Quantum Cab 193 0528958 Not Required, Controls, Electric Window, AXT, Quantum, Saber, Enforcer, Dash CF 194 0651063 Steps, 4-Door Cab, Power, Lowered, Quantum 2010 195 0628397 Auxiliary Air Compressor, 12V, Qtm Steps,Spcl Fittings & Plumbing,Drain Loc 196 0650036 Not Req'd, Lights, Cab Access Steps, Included With Cab Perimeter Lights, Qtm 197 0005772 Fenders, S/S on cab, w/Radius corner, 2.00" wide 198 0670487 Handrail, Interior, Front Cab Doors, Angled 199 0042105 No Windows, Side of Crew Cab 1

100 0012090 Not Required, Windows, Front/Side of raised roof 1101 0012094 Windows, Delete Rear of Crew Cab 1102 0786293 Window Tint, Upper Crew Cab Door, Left Side, Medium Gray 1103 0786289 Window Tint, Crew Cab Door, Left Side, Medium Gray 1104 0786285 Window Tint, Upper Crew Cab Door, Right Side, Medium Gray 1105 0786278 Window Tint, Crew Cab Door, Right Side, Medium Gray 1106 0090719 SP Grab Handle, Crew Cab, Overhead 4

Location - on the crew cab roof interior per photo's Qty, - 04

107 0794782 SP Spacer, Cup Holder, For Electrical Clearance, Quantum Center Console 1108 0553057 Holder, Cup, Cab/Crewcab, Each 2

Qty, - 02109 0648533 SP Mounting Provisions, 1/4" Alum, Engine Tunnel, 2 piece, Raised Intake, Qtm 1

Mounting Provision Spacing - .75" Material Finish, Cab Interior - Painted

110 0792872 SP Computer Docking, Havis DS-PAN-112-2 Dual RF, CF-30/31, Swivel/Tilt, Short Pol 1 Location - to the left of the officer 12vdc power from - Battery direct

111 0001962 Cab Interior, Vinyl, w/Padded Liner Package, Quantum 1 Color, Cab Interior Vinyl/Fabric - a) Silver/Gray

112 0012430 Cab Interior, paint color 1 Color, Cab Interior Paint - a) gray

113 0002068 Floor, Quantum Cab, Rubber Matting 1114 0002288 Heater/defroster, Quantum 1115 0002293 No Heater in Crew Cab 1116 0689998 Air conditioning, 2010 Quantum, With Raised Roof 1

Paint Color, A/C Condenser - Cover Match Roof117 0662307 Hose and Fittings, Air Conditioning, EZ Clip, Qtm 2010 1118 0550157 Drain Lines, A/C, Coleman 1119 0662289 Hoses, Service Ports, Special Location, Secured, Air-Conditioning, Qtm/Sab 1120 0022578 Filter, Air Intake, Air-Conditioning, Sab 1121 0533536 SP Guard, Brush, Treadplate, Trim Fit, For Coleman A/C Unit, Cab Roof 1122 0787895 Air Conditioning, Coleman-Mach 8, Roughneck, 120V, 15K, 6K Heat, Cab Roof,White 1

Thermostat - Coleman A/C with heat AC Power Source - Shoreline

123 0587940 Fans, Window Defrost, Maradyne Crew Cab 2 Location - 1ea side same as previous unit 24898 Qty, - 02

124 0597302 Sun Visor, Smoked Lexan, Qtm 1 Sun Visor Retention - No Retention

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125 0092424 Grab Handles, Driver & Officer door post 1126 0693332 Light, Truck-Lite 44308C LED Grommet Mt, Eng Compt, Auto Sw 2

Qty, - 02127 0621454 SP Map Box, Open Back, Top Tray, iPad Slots 1

Location - centered between rear forward facing seats, see drawings in job e-folders

128 0583042 Side Roll and Frontal Impact Protection 1129 0622617 Seating Capacity, 6 Seats 1130 0697005 Seat, Driver, Pierce PS6, Premium, Air Ride, High Back, Safety 1131 0696988 Seat, Officer, Pierce PS6, Premium, Air Ride, SCBA, Safety, Qtm 2010 1132 0002517 Not Required, Radio Compartment 1133 0629235 SP Seat, Rear Facing C/C, DS Outboard, Pierce PS6, Premium, SCBA, Safety,3"

Inboard1

134 0102783 Not Required, Seat, Rr Facing C/C, Center 1135 0629142 SP Seat, Rear Facing C/C, PS Outboard, Pierce PS6, Premium, SCBA, Safety,3"

Inboard1

136 0108189 Not Required, Seat, Forward Facing C/C, DS Outboard 1137 0621760 SP Seat, Fwd Facing C/C, Ctr, (2) Pierce PS6, Prem, Air Ride,Hi-Back,Safety,Armrest 1138 0108190 Not Required, Seat, Forward Facing C/C, PS Outboard 1139 0553149 Not Required, Change Rear Facing Center Seat Positions 1140 0566653 Upholstery, Seats In Cab, Turnout Tuff 1

Color, Cab Interior Vinyl/Fabric - m) Gray141 0543991 Bracket, Air Bottle, Hands-Free II, Cab Seats 3

Qty, - 03142 0025527 Inserts, Back Rest for PS6, PSV, 911 SCBA Seats, (New Style) 3

Location - SCBA SEATS Qty, Inserts for SCBA Sea - 03

143 0603867 Seat Belt, ReadyReach 1 Seat Belt Color - Red

144 0708700 Seat Belt Height Adjustment, QTM 1145 0627014 Pick Not Required, Seat Belt Color Selected in Seat Belt Option 627339 1146 0602464 Helmet Storage, Provided by Fire Department, NFPA 2016 1147 0647638 Lights, Dome, Weldon Dual LED 4 Lts 1

Color, Dome Lt - Red & White Color, Dome Lt Bzl - Grey Control, Dome Lt White - Door Switches and Lens Switch Control, Dome Lt Color - Lens Switch

148 0631776 Not Required, Overhead Map Lights 1149 0650434 Spotlight, Golight/RadioRay, Model 20**4, LED, 1 Lt 1

Location - DS controls 136, PS controls on dash between air vents Color, GoLt - White Bracket, Spotlight - Pedestal - 1 Lt

150 0650071 Controller, Spotlight, Golight, (2) Wired Dash Mount, 1 Lt 1151 0649945 Location, Spotlight Controller, Driver and Officer, 1 Lt 1152 0610639 Portable Hand Light, Provided by Fire Department, Pumper ULC 1153 0579899 Cab Instruments, Ivory Gauges, Black Bezels, D Series, Qtm 2010 1154 0002544 Air Restriction Indicator - Pierce Chassis 1155 0092607 Gauge, Air pressure, Step system, Qtm 1156 0543751 Light, Do Not Move Apparatus 1

Alarm, Do Not Move Truck - Steady Alarm157 0509042 Messages, Open Door/Do Not Move Truck, MUX w/Color Display 1158 0611681 Switching, Cab, Membrane, Impel/Velocity/Quantum, Dash CF, AXT WiFi MUX 1

Location, Emerg Sw Pnls - Driver's Side Overhead159 0547505 Wiring, Spare, 10 A 12V DC 1st 1

Qty, - 01 12vdc power from - Battery switched Wire termination - 15 amp power point plug Location - located next to USB port # 139 on IP layout

160 0680972 Wiring, Spare, 40 A 12V DC, 6 Circuit Fuse Block, Blue Sea 5025, Sw Feature, 1st 1 Qty, - 01 12vdc power from - Battery switched Location - cab electtrical distribution box

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160 Switch, Lt Control 1 DC - n) No Control Switch, Lt Control 2 DC - n) No Control

161 0548001 Wiring, Spare, 10 A 12V DC 2nd 1 Qty, - 01 12vdc power from - Battery direct Wire termination - Butt Splice Location - Lower D1

162 0548017 Wiring, Spare, 30 A 12V DC 3rd 1 Qty, - 01 12vdc power from - Battery direct Wire termination - Butt Splice Location - D1 for customer installed drug box

163 0680969 SP Wiring, Spare, 60A 12V DC, 12 Circuit Fuse Block, Blue Sea 5026, Sw Feature 1 Qty, - 01 12vdc power from - Isolated battery Location - cab electtrical distribution box Switch, Lt Control 1 DC - n) No Control Switch, Lt Control 2 DC - n) No Control

164 0548009 Wiring, Spare, 20 A 12V DC 1st 2 Qty, - 02 12vdc power from - Battery direct Wire termination - Butt Splice Location, Spare Wiring - Rear Wall, Crew Cab - Centered

165 0033709 Radio, AM/FM/CD, Panasonic 1 Speakers, AM/FM Radio - Two (2) pairs of speakers, Cab/Crew Antenna, AM/FM Radio - a) Side-mounted antenna on DS Location, AM/FM Radio - b) within reach of the officer

166 0613326 Vehicle Information Center, 7" Color Display, Touchscreen, MUX, Quantum 1 System Of Measurement - US Customary

167 0606247 Vehicle Data Recorder w/CZ Display Seat Belt Monitor 1168 0790025 SP Intercom, Setcom 950W4, 7-Pos, 3-Radio (1 Wireless, D, O, ),4C,Wired, HS 1

Location, Intercom, C Cab - 4) 2 outside & dual center station (Dave C/Setcom)

169 0793667 Cable, Radio to Intercom Interface, Setcom 950, 1 Radio 1 Radio, First Two-Way Model - TBD Radio, First Two-Way Make - Motorola High Power

170 0681408 Hangers For Headsets, NFPA, Each 6 Qty, - 06 Location, Headset Hangers - Driver Seat, Officer Seat, DS Inbrd, Fwrd Fcng Seat, DS Outbrd, Rear Fcng Seat, PS Inbrd, Fwrd Fcng Seat and PS Outbrd, Rear Fcng Seat

171 0641831 SP Charger, Motorola NNTN7624, 12V Single APX Portable Radio 4 Location - See layouts in Job E-folder Qty, - 04

172 0613802 SP Radio, Mobile, Motorola, APX 7500, 05 Dual Band Mid Power, Trunking, Mesa 1 Location - Centered overhead on a swivel, wired to main power Buss bar and not to be load managed Qty, - 1

173 0684553 Antenna Mount, Custom Chassis, Cable Routed to Officer Side Dashboard 2 Location - same as previous units Qty, - 02

174 0621396 SP Antenna, Panorama LGMM-7-27-24-58, for Motorola VML750 1 Location - officer dash area next MDT Qty, - 01

175 0628904 SP Antenna Whip Only, Laird QW760, 760-870MHz 1 Location - PS rear of cab Qty, - 01

176 0613784 SP Antenna Whip Only, Sti-co, Roof-Ft-Niti, 136-1000MHz Field Tunable 1 Location - behind lightbar on PS cab roof Qty, - 01

177 0589496 Camera, Zone Defense, Driver Mux, Rear Camera Only 1 Camera System Audio - Not Provided

178 0683718 Recess, Rear Vision Camera Into Lightstick Housing 1

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179 0615103 Pierce Command Zone, Advanced Electronics & Control System, Diag LEDs, Qtm, WiFi

1

180 0624257 Electrical System, Quantum 1181 0592154 Batteries, (5) Interstate Grp 31, 950 CCA each, 1 Iso Bat, Threaded Stud 1182 0008621 Battery System, Single Start, All Custom Chassis 1183 0042699 Battery Compartment, QX 1184 0579436 Charger, Sngl Sys, Kussmaul, 1200, 091-187-12-Remote, 40 Amp 1185 0012782 Location, Charger, Front Left Side Body Compartment 1

Location, Battery Chrgr/Cmpr - High On Left Wall186 0530949 Location, Battery Charger Indicator, Driver's Seat Riser 1187 0016857 Shoreline, 20A 120V, Kussmaul Auto Eject, 091-55-20-120, Super 1

Qty, - 01 Color, Kussmaul Cover - e) blue Shoreline Connection - Coleman 110 volt air conditioner

188 0026800 Shoreline Location 1 Location, Shoreline(s) - DS Cab, Frt Corner

189 0097486 Shoreline, 20A 120V Kussmaul Auto Eject, "Super" 1 Location - same as previous unit Qty, - 01 Color, Kussmaul Cover - e) blue Connection, Shoreline - 110V Auxilary AC

190 0566294 Alternator, 430 amp, Niehoff C680-1 1191 0032764 No Auxiliary Power Supply Req'd, Alternator System 1192 0645619 Charger Socket, Blue Sea 1016 Dual USB Type A 3

Location - one in front next to powerpoint by air horn button, one on rear console each side Qty, - 03 12vdc power from - Battery switched

193 0533575 SP Programming, Command Zone, Spl Programming, No Light Sequencing, Mesa 1194 0090715 SP Voltage Regulator, Set for 14.8 VDC (Mesa, AZ) 1195 0075020 Load Manager/Sequencer, QX 1

Enable/Disable Hi-Idle - d)High Idle disable196 0632735 Not Required, Custom Chassis 1197 0648741 Headlights, Round Halogen, Qtm w/Daytime Running Lts 1198 0648425 Light, Directional, Wln 600 LED Combination, Cab Corners, Imp/Vel/AXT/Qtm/DCF 1

Color, Lens, LED's - m)match LED's199 0648051 Lights, Clearance/Marker/ID, Front, Grote 47063 LED 5 Lts, Qtm 1200 0620055 Light, Directional/Marker, Intermediate, Truck-Lite 60115Y LED 2lts 1201 0647903 Lights, Directional/Marker, Cab Front Side, Truck-Lite 19036Y LED, Qtm 1202 0628344 Lights, Clearance/Marker/ID, Rear, P25 LED 7Lts, Ign Sw 1203 0551870 Lights, Tail, Whelen M6BTT* Red LED Stop/Tail & M6T* Amber LED Dir w/Flange 1

Color, Lens - Clear204 0561471 Lights, Backup, Whelen M6BUW, LED, For Tail Lt Housing 1205 0657766 Bracket, License Plate & Light, P25 LED, w/Special Location 1

Location - DS up under scene light206 0556842 Bezels, Wln, (2) M6 Chrome Pierce, For mtg (4) Wln M6 lights 1207 0589905 Alarm, Back-up Warning, PRECO 1040 1208 0622480 SP Switch, Second Emergency Light Master, Red, Officer's Side 1209 0543513 Lights, Perimeter Cab, Truck-Lite 6060C LED 4Dr, Qtm 1

Z location - 210 0617866 Lights, Perimeter Pump House, Truck-Lite 6060C LED 2lts 1211 0693308 Lights, Perimeter Body, Truck-Lite 44308C LED 2lts, Rear Step 1

Control, Perimeter Lts - Parking Brake Applied212 0545689 Lights, Perimeter, Amdor AY-9500-020 LED, Brkt 1

Qty, Lights - 01 Location, Additional Perimeter Lights - Under Front Bumper, Centered, 1lt

213 0566799 Lights, Step, P25 LED 4lts, Ign, Parking Brake Activated 1214 0511749 Light, Step, Additional, P25 LED 6

Qty, Lights - 06 Location, Lights - one each side below hosebed and one each side to illuminate tailboard, and each side below body to illuminate slide out step each side below pump house

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215 0654454 Light, Whelen, 12V PFP1P* Pioneer LED Fldlt, Pole Mt 2nd 1 Qty, - 01 Switch, Lt Control 1 DC,1 - a) DS Switch Panel Switch, Lt Control 2 DC,2 - f) Pump Operator's Panel Switch, Lt Control 3 DC,3 - d) No Control Switch, Lt Control 4 DC,4 - d) No Control Color, Wln Lt Housing - White Paint Poles, W - Thru Body/Surface Mount, Top Adjust Pull-Up Handle Holder and Up Ind Sw W - Without Handle Holder Pole Length W - 20.00" Outside Pole Location, Pole Lights - DS Cargo/Dunnage Area

216 0662711 Light, Whelen, 12V PFP1P* Pioneer LED Fldlt, Pole Mt 1st 1 Qty, - 01 Switch, Lt Control 1 DC,1 - a) DS Switch Panel Switch, Lt Control 2 DC,2 - f) Pump Operator's Panel Switch, Lt Control 3 DC,3 - d) No Control Switch, Lt Control 4 DC,4 - d) No Control Color, Wln Lt Housing - White Paint Poles, W - Thru Body/Surface Mount, Top Adjust Pull-Up Handle Holder and Up Ind Sw W - Without Handle Holder Pole Length W - 20.00" Outside Pole Location, Pole Lights - PS Cargo/Dunnage Area

217 0640629 Light, Whelen, 12V PCPSM1* Pioneer LED Fld/Spt, Surface Mount 1st 2 Location, Lights - 1EA SIDE ON REAR UPPER BODY Qty, - 02 Switch, Lt Control 1 DC,1 - b) DS Rear of Apparatus Switch, Lt Control 2 DC,2 - a) DS Switch Panel Switch, Lt Control 3 DC,3 - f) PS Switch Panel Switch, Lt Control 4 DC,4 - e) Pump Operators Panel Color, Wln Lt Housing - Chrome Flange

218 0640941 Light, Whelen, 12V PCPSM2* Pioneer LED Fld/Spt, Surface Mnt 2nd 1 Location, Lights - DS HIGH ON CREW CAB Qty, - 01 Switch, Lt Control 1 DC,1 - a) DS Switch Panel Switch, Lt Control 2 DC,2 - g) PS Switch Panel Switch, Lt Control 3 DC,3 - DS Pump Panel Switch, Lt Control 4 DC,4 - d) No Control Color, Wln Lt Housing - Chrome Flange

219 0640991 Light, Whelen, 12V PCPSM2* Pioneer LED Fld/Spt, Surface Mnt 1st 1 Location, Lights - PS HIGH ON CREW CAB Qty, - 01 Switch, Lt Control 1 DC,1 - a) DS Switch Panel Switch, Lt Control 2 DC,2 - DS Pump Panel Switch, Lt Control 3 DC,3 - f) PS Switch Panel Switch, Lt Control 4 DC,4 - d) No Control Color, Wln Lt Housing - Chrome Flange

220 0618289 Light, Visor, Whelen, 12V PFP2* Pioneer LED Floodlt 1st 1 Qty, - 01 Location, driver's/passenger's/center - centered Switch, Lt Control 1 DC,1 - a) DS Switch Panel Switch, Lt Control 2 DC,2 - g) PS Switch Panel Switch, Lt Control 3 DC,3 - d) No Control Switch, Lt Control 4 DC,4 - d) No Control Color, Wln Lt Housing - White Paint

221 0657535 Lights, Work, (2) Whelen PELCC LED, w/Alternative Hose Bed Lights 1 Switch, Scene Lt Cntrl - h)switch at rear

222 0645878 Lights, Hose Bed, Cover, Dual Amdor AY-9750-20 LED Light Strips 4lts, Low 1 Control, Hose Bed Lts - Auto Cover Sw

223 0635522 Light, Hose Bed, Amdor LumaBar H2O, AY-9500-040, 40" LED 2 Location - Rear of cab Same as previous units Qty, - 02 Control, Hose Bed Lts - Parking Brake

224 0645677 Lights, Not Required, Rear Work, Alt. 12 Volt Lights At Rear Body 1225 0709438 Light, Walking Surface, FRP Flood, LED 1

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226 0595983 Switch, Membrane, Emergency Master Label to be Red 1227 0060111 Pumper, Medium, Galvanneal, 2nd Gen 1228 0554271 Body Skirt Height, 20" 1229 0028244 Tank, Water, 500 Gallon, Poly, Med 1230 0552049 Overflow, 4.00" Water Tank, Poly, Special Routing 1231 0028104 Foam Cell Required 1232 0090721 SP Drain Plug, Brass IPO Galvanized 1233 0648352 UPF Poly Tank III Features, Color Coded Domes-Water/Foam Tank 1, Tanknology

Tag1

Color, Fill Tower - Blue Water Fill Color, Fill Tower, Foam Tank #1 - Foam Tank #1 Green

234 0092689 SP Modified Poly Tank, Raised Tank "T", Rear Compartment Height 1235 0597481 SP Label Foam Tank Door On Hose Bed Cover 1236 0553729 Not Required, Restraint, Water Tank, Heavy Duty 1237 0003429 Not Required, Direct Tank Fill 1238 0003424 Not Required, Dump Valve 1239 0048710 Not Required, Jet Assist 1240 0030007 Not Required, Dump Valve Chute 1241 0514778 Not Required, Switch, Tank Dump Master 1242 0126632 Hose Bed, Galv, Pumper 1243 0003482 Hose Bed Capacity, Additional 1

Capacity, Hosebed - 1000' of 5" - backboard compt - 1000' of 2.50" hose - match ED114

244 0003488 Divider, Hose Bed, Unpainted 2 Qty, Hosebed Dividers - 2

245 0023469 Compt, (2) Backboards, Vertical in Hose Bed 1 Location, Backboard Comp - Passenger's Side Size, Backboard - to be determined

246 0010133 Cross-Divider, Hose Bed 1247 0089471 Cutout, Handhold, in Hose Bed Divider 2

Qty, - 02248 0653470 Side Sheet, Special Height 1

Size - 12"249 0030201 SP Cover, Hose Bed, Alum Treadplate, Special, Mesa 1250 0505155 Flap, Rear of Alum Hose Bed Cover, Two Piece, Vinyl 1

Color, Vinyl Cover - a) red251 0013512 Running Boards, 12.75" Deep 1252 0689497 Tailboard, T-Shaped, 24" & 8" Deep, Angled Corners 1253 0690037 Wall, Rear, Smooth Aluminum/Body Material 1

Material, Rear Wall Inboard Facing Surfaces - Aluminum Diamondplate254 0003532 Tow Bars, (2) Under Tailboard 1255 0003518 Morton Cass Insert in Running Boards 1256 0003516 Morton Cass Insert in Tailboard 1257 0003560 Construction, Compt, Galv, Pumper 1258 0029560 SP Eng Compt, Full Width, Special Height, Lap Doors 1259 0569277 LS 152" Lap, Full Height & Depth Front & Rear, Double Door Over Wheel 1260 0083682 RS 152" Lap, Full Height & Depth Front & Rear 1261 0063911 Doors, Lap w/ "D" Handles - Side Compartments 1262 0022111 SP Rear - Rollup Dr/44.50" FF, 500 Gallon Water Tank 1263 0594003 Door, Amdor, Rollup, Rear Compartment 1

Color, Roll-up Door - AMDOR Painted to Match Lower Body Latch, Roll-up Door - Non-Locking Liftbar

264 0554995 No Body Modification Required 1265 0618491 SP Prototype, Compartment Door(s), Door Tab, Unpainted 1266 0019845 Guard, Drip Pan, S/S, Rollup Door 1

Qty, Door Accessory - 01 Location, Door Accessory - Rear door

267 0003919 Reverse Hinge Compartment Door 1 Qty, Door Accessory - 01 Location, Door Accessory - Drivers side front compartment

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268 0004010 Scuffplate, Polished S/S Bottom of Door Frame 8 Location, Door Accessory - all compartment floors door frames Qty, Scuffplates - 08

269 0659353 Lights, Compt, Amdor AY-9220 LED, Dual Light Strip 9 Qty, - 09

270 0562348 Fasteners, Mechanical, Strip Lighting In Compartments 1271 0528519 SP Floor, Access w/Quarter turn fasteners, Alum. 4-way (Mesa) 1272 0079587 Knockouts, Cargo Area Ventilation 1

Qty, - 1 Fill in Blank - passenger side cargo area

273 0687146 Shelf Tracks, Painted 5 Qty, Shelf Track - 05 Location, Shelf Track - D3, D1, R1, P2 and P3

274 0600350 Shelves, Adj, 500 lb Capacity, Full Width/Depth, Predefined Locations 9 Qty, Shelf - 09 Material Finish, Shelf - Painted - Spatter Gray Location, Shelves/Trays, Predefined - D1-Lower Third, D1-Centered Floor to Ceiling, D1-Upper Third, D3-Lower Third, R1-Lower Third, P1-Lower Third, P3-Lower Third, P3-Upper Third and P2-Centered Floor to Ceiling

275 0540317 Toolboard, Swing-out, Alum, .188", Peg Board 1 Qty - 1 Location, Pivot - Front Mounting, Toolboard - Adjustable Frt-back Finish, Pegboard/Toolboard - Painted - Spatter Gray Location, Toolboard - P1

276 0602247 SP Drain Holes, Compt Floor, Plug w/Foam and Silicone Caulk 1 Location - all compartments

277 0003909 Drain Hole w/Splash Guard 2 Location - one (1) in each pike pole compartment Qty, Comp. Accessory - 02

278 0003934 Dust Filter, Compt Louvers 9 Location - all rear body and engineering compartments. Qty, - 09

279 0034000 Louvers, Additional, Per Compt 1 Location - compartment R1, in fuel tank access plate. Qty, Comp. Accessory - 01

280 0003908 Partition, Trans Rear Compt 2 Qty, Partition - 02 Location, Partition - c) both sides

281 0784895 SP Rub Rail, Aluminum Extruded, Side of Body, Additional Screw (1) 1282 0004024 Fender Crowns, Rear, S/S 1283 0519849 Not Required, Hose, Hard Suction 1284 0626229 Handrails, Side Pump Panels, Per Print 1285 0004126 Handrails, Beavertail, Standard 1286 0011212 SP Handrail, Not Required, Rear Hose Bed, Pumper 1287 0657651 Compt, Air Bottle, Double, Full Width Door, Fender Panel 2

Qty, Air Bottle Comp - 2 Door Finish, Fender Compt - Polished Location, Fender Compt - Double - DS Fwd and Double - PS Fwd Latch, Air Bottle Compt - Flush Lift & Turn Insert, Air Bottle Compt - W-Shaped Insert

288 0657524 Compt, Air Bottle, Single, Round, Fender Panel 2 Qty, Air Bottle Comp - 2 Door Finish, Fender Compt - Polished Location, Fender Compt - Single - DS Rear and Single - PS Rear Latch, Air Bottle Compt - Flush Lift & Turn Insert, Air Bottle Compt - Rubber Matting

289 0024205 Holder, Air Bottle w/CRS Strap, Body Compt Mt w/Tracks 1 Qty, Bracket - 01 Location, Bracket/comp. - driver's D2

290 0004225 Ladder, 24' Duo-Safety 900A 2-Section 1

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291 0602718 Ladder, Roof,Provided by Fire Department,Pumper/Pumper w/Aerial Device,NFPA 2016

1

Qty, - 1 Roof Ladder, Make/Model - 14' Duo-Safety 775-A

292 0015036 Rack, Ladders, Hydraulic, Right Side, Air Clamps 1 Ladder Rack Lock Enclosure/Light Mounting Bracket - PS Front & Rear S/S Enclosures

293 0602903 Ladder, 10' Duo-Safety 585A, w/Mtg, Provided by Fire Dept, Pumper NFPA 2016 1 Location, Folding Ladder - Hydraulic Rack

294 0024499 Arm, Rear, Offset, HLR 2000, Recess Light 1295 0011932 Cover, S/S, (1) Over Ladder Rack 2000 Air Lock 1

Location - passenger side 296 0500737 SP Lights, Whelen TIR3 Series LED w/Flange, Ea End of Ladder Rack, IPOS 1297 0597477 SP Hydraulic Ladder Rack Modifications "Mesa" 1298 0602877 Pike Pole, Pumper, Provided by Fire Department, NFPA 2016 1

Pike Pole Make/Model - Akron 10' Pike Pole299 0602875 Pike Pole, 6', Pumper, Provided by Fire Department, NFPA 2016 1

Pike Pole Make/Model - Akron 6' Pike Pole300 0621924 SP Compt, (1) Rubbish Hook w/"Large D" Handle Below Tank Tee, Pass Side, S/S Door 1

Fill in Blank - see photo in job efolders301 0073929 Compt, (2) Pike & (1) Foldg Ladder, Below Tee, Stainless Steel Door, DS 1302 0012885 Step, Folding, Front of Body, Left Side Only, Eberhard 1303 0051915 Steps, Combo Folding Eberhard & Corner, Rear of Body 1304 0083525 Step, Not Req'd, Qtm 1305 0010458 Platform, Slide Out, 500 lb Capacity, w/Morton Cass 2

Location, Additional Step - under forward portion of pump house each side Qty, Slideout Step - 2 Light, Long Step - Amdor Lumabar H2O

306 0004390 Step, Folding - Extra, Body Only, Eberhard 5 Qty, Folding Step - 05 Location, Additional Step - three (3) on the rear PS eng compt, three (3) on the DS front body bulkhead, two (2) are additional

307 0004435 Pump, Waterous, CSU, 2000 GPM, Single Stage 1308 0004482 Seal, Mechanical, Waterous 1309 0559769 Trans, Pump, Waterous C20 Series 1310 0635600 Pumping Mode, Stationary Only 1311 0605125 Pump Shift, Air w/o Manual Override, Split Shaft, Interlocked, Waterous 1312 0003148 Transmission Lock-up, EVS 1313 0004547 Auxiliary Cooling System 1314 0014486 Not Required, Transfer Valve, Stage Pump 1315 0004513 Valve, Relief Intake, Waterous, Set @ 125 PSI 1316 0546803 Controller, Pressure, Class 1 Total Pressure Governor (TPG) 1317 0072153 Primer, Trident, Air Prime, Air Operated 1318 0629048 SP Check Valve, Tank to Pump Line, Waterous Model K980 1319 0662311 Pipe Plugs in Pump, All Brass or Stainless Steel 1320 0004570 Diagram, Plumbing 1321 0044552 Line, 0.50" Recirculating w/Check Valve 1322 0611866 SP Strainer, Water, Special Location 1

Fill in Blank - moved lower and more outboard per customer request at pick up of 28256

323 0780364 Manuals, Pump, (2) Total, Electronic Copies 1324 0778838 SP Plumbing, Stainless Steel and Hose, Single Stage Pump, Incl Aux Inlet Manifolds 1325 0628585 SP Plumbing, Stainless Steel- Foam Systems 1326 0004645 Inlets, 6.00" - 1250 GPM or Larger Pump 1327 0004646 Cap, Main Pump Inlet, Long Handle, NST, VLH 1328 0014650 Short Suction Tube, Both Sides 1329 0084610 Valves, Akron 8000 series- All 1330 0004660 Inlet, Left Side, 2.50" 1331 0004680 Inlet, Right Side, 2.50" 1332 0004685 Valve, Inlet(s) - Outside Panel 1333 0506006 Anode, Zinc, (4) Pump- Inlets/Outlets 1334 0004700 Control, Inlet, at Valve 1

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335 0092569 No Rear Inlet (Large Dia) Requested 1336 0092696 Not Required, Cap, Rear Inlet 1337 0064116 No Rear Inlet Actuation Required 1338 0009648 No Rear Intake Relief Valve Required on Rear Inlet 1339 0092568 No Rear Auxiliary Inlet Requested 1340 0563738 Valve, .75" Bleeder, Aux. Side Inlet, Swing Handle 1341 0024751 Tank to Pump, (1) 3.50" Valve, 3.00" Plumbing, Waterous Valve 1342 0004905 Outlet, Tank Fill, 1.50" 1343 0004940 Outlet, Left Side, 2.50" 3

Qty, Discharges - 03344 0092570 Not Required, Outlets, Left Side Additional 1345 0004945 Outlet, Right Side, 2.50" 2

Qty, Discharges - 02346 0092571 Not Required, Outlets, Right Side Additional 1347 0005047 Outlet, 4.00" w/4.00" Right, Handwheel 1

Valve, Brand - Akron348 0648503 Outlets, (2) Crosslays, Under Slung Bumper, Open Ends, 1.50" w/2.00" Plumbing 1

Capacity, Hose Bed 1 - 200' of 1.75" Capacity, Hose Bed 2 - 200' of 1.75" Drain, Front Outlet - Class 1 Automatic Grating, Bumper Crosslay - Grating, None

349 0791003 SP Cover, Aluminum Treadplate, Side Doors wo/Latches, Under Slung Bumper Crosslays

1

Type of fastener - D ring latch on each side350 0092575 Not Required, Outlet, Rear 1351 0092574 Not Required, Outlet, Rear, Additional 1352 0090745 Outlet, Front HB, (1) 2.50" w/2.50" Plumbing & (1) 1.50" w/ 2.00" Plumbing 1

Location - 2.5" in hosebed 3 and 1.5" in hosebed 4 - front wall of hosebed353 0085076 Caps for 1.50" to 3.00" Discharge, VLH 1354 0563739 Valve, 0.75" Bleeder, Discharges, Swing Handle 1355 0005091 Elbow, Left Side Outlets, 45 Degree, 2.50" FNST x 2.50" MNST, VLH 1356 0035094 Not Required, Elbow, Left Side Outlets, Additional 1357 0025091 Elbow, Right Side Outlets, 45 Degree, 2.50" FNST x 2.50" MNST, VLH 1358 0089584 Not Required, Elbow, Right Side Outlets, Additional 1359 0045099 Not Required, Elbow, Rear Outlets 1360 0085695 Not Required, Elbow, Rear Outlets, Large, Additional 1361 0005097 Elbow, Large Dia Outlet, 30 Deg, 4.00" FNST x 5.00" Storz 1

Qty, - 01362 0062133 Control, Outlets, Manual, Pierce HW if applicable 1363 0075259 Outlet, 3.00" Deluge w/TFT RC3 Elect Extend-a-Gun 18" riser 1364 0543602 Monitor, TFT Hurricane XFIH-E, Electric, Panel and Wireless Control 1

Monitor Finish - Painted365 0054847 Nozzle, TFT Master Stream M-ER, 1,250 GPM, Electric 1366 0075261 Deluge Mount,TFT Hurricane for RC3 extend-a-gun only 1367 0005140 Crosslay, 1.50" Std. Cap (Pan Style) 1

Qty, Crosslays - 1368 0029230 Crosslay, (1) 2.50" Spl Cap/Arrangement, Brushed Finished Divider 1

Capacity, Special Xlay - 200' of 2.50" double jacket hose 369 0029260 Not Required, Speedlays 1370 0591145 Hose Restraint, Crosslay/Deadlay, Top and Ends, Elastic Netting 3

Qty, - 03371 0030379 SP Crosslays, 66.00" Off Ground, Mesa, AZ 1372 0009257 Cutout, Handhold, Crosslay Divider 4

Qty, - 04373 0005215 Reel, Booster, Over Pump, Driver's Side, Steel 1

Finish, Reel - Painted Job Color374 0005281 Switch, Reel Rewind - Stirrup, 1 Reel/1 Switch 1375 0562851 Hose, Booster - 200' of 1.00" Niedner ReelTex Hose 1376 0005245 Capacity, Hose Reel ,Special 1

Capacity, Reel - 200 feet377 0007428 Nozzle for Booster Reel Not Req'd 1

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378 0025260 Cutout for Reel Access, One, w/Roller Assembly 1379 0622237 Roller Assembly, Additional 1

Location - Passenger side Qty, - 1

380 0095358 Foam Sys, Husky 12, Single Agent 1 Discharge - bumper crosslays, middle crosslays and rear hosebed pre-connects Amount of Disc. W/Foam - 6

381 0012126 Not Required, CAF Compressor 1382 0552481 Refill, Foam Tank, Single Tank, Husky 12, Class A Foam 1383 0031896 Demonstration, Foam System, Dealer Provided 1384 0661787 SP Foam Cell, 30 Gallon Green Poly Fill Tower 1

Type of Foam - Class "A" Foam, Brand Name - Phoschek WD881

385 0505016 Drain, 1.00", Foam Tank #1, Husky 12 Foam System 1386 0091079 Not Required, Foam Tank #2 1387 0091112 Not Required, Foam Tank Drain 1388 0015499 Pump House, Side Control, 56" 1389 0006348 Pump Panel Configuration, Special Instructions 1

Fill in Blank - match previous mesa units - see photos in 28256 Job Efolder - Stage 7

390 0005525 Material, Pump Panels, Side Control Brushed Stainless 1391 0005578 Panel, Pump Access - Pass Side Only 1392 0035500 Raised Pump House Structure, Side Control 1393 0784077 SP Light, Pump Compt, TecNiq E18-LC00-1 LED, Sw and Pmp Mant Lt On 1

Qty, - 01394 0586438 Gauges, Engine - Pump Panel, IAT Pressure Controller 1395 0005601 Throttle Included w/ Pressure Controller 1396 0549333 Indicators, Engine, Included with Pressure Controller 1397 0005625 Gauge, Fuel 1398 0025626 Gauge, Auto Trans Temp, ID light and Alarm 1399 0025637 Pump Panel Trim Rings, Oversized for Valve Removal 1400 0001493 Tag, Special Wording, Discharge 1

Qty, - 01 Discharge - rear discharge Wording, Discharge - 2 1/2 rear discharge preconnect

401 0009227 Gauges, 6.00" Master, Class 1, Special 1 Gauge Pressure Range - 30"-0-600 psi/kpa Color Dial Face - white

402 0008637 Gauge, 2.50" Pressure, Class 1, Special 1 Gauge Pressure Range - 30"-0-400 psi Color Dial Face - white

403 0062586 Gauge, Water Level, Class 1, Pierce Std 1404 0060753 Water Level Gauge, Whelen PSTANK, LED 1-Light, 4-Level 2

Qty, - 02 Activation, Water Level G - pb) parking brake is applied Location, Water Level Gauge - Each Side Custom Cab

405 0062992 Gauge, Foam Level, (1) Tank, Class 1, 5lt 1406 0639381 Light Shield, S/S, Wln PSC0CDCR LED, 3 Strip Lts 1407 0527499 Light Shield/Step 8", PS, Whelen PSC0CDCR LED Strip 1408 0793576 Air Horns, (2) Grover, Stutter Tone, 2040 Rect, Through Underslung Bumper Flange 1409 0606835 Location, Air Horns, Bumper, Each Side, Outside Frame, Outboard (Pos #1 & #7) 1410 0016065 Control, Air Horn, Horn Ring, PS Chrome Push Button 1411 0097586 Siren, Federal PA640 1

Control from Elec Siren - *412 0047779 Location, Elect Siren, Recessed In Switch Panel 1

Location - Location # 3 overhead413 0076157 Control, Elec Siren, Horn Ring 1414 0601330 Speaker, (1) Federal, ES100C w/ESFMT-EF Recess Mnt & S/S Grille 1

Connection, Speaker - siren head415 0601565 Location, Speaker, Frt Bumper, Recessed, Center (Pos 4) 1416 0686334 Siren, Aux Federal EQ2B-200, 200 Watt, Control Head and Amplifier 1

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417 0688031 Control, Aux Electric Siren, Driver's Side Foot Sw 1418 0686830 Location, Aux Elect Siren, Behind PS Seat 1419 0622205 Speaker, Aux, Siren, Federal ES100C, ESFMT-EF Recess Mnt w/Grille 2

Qty, - 02420 0687950 Location, Aux Siren Speaker, Frt Bumper, Recess, LS, Outside Frame,Otbrd (Pos 7) 1421 0049779 SP Location, Auxiliary Siren Head 1

Location - above the HVAC controls without the bracket422 0776871 SP Lightbar, Wln, Freedom IV-Q, 81", RRRRRRRRStrBBBBBBBB 1

Filter, Whl Freedom Ltbrs - 423 0790001 Power Supply, Tomar 3065-R-OML Traffic Light Controller, Single Strobe Tube 1

Opticom Priority - Opticom Activation - Momentary Opticom Activation -

424 0669501 Light, Tomar 3065-CHROME Emitter, Traffic Preemption 1 Location - front of lightbar Opticom Priority - b) High Opticom Activation - Cab Switch & E-Master

425 0016380 No Additional Lights Req'd, Side Zone Upper 1426 0644426 Light, Front Zone, Wln M9**, LED 1

Color, Lens, LED's - c)clear Color, Lt DS Front - Red Color, Lt PS Front - Blue

427 0632502 SP Flash Pattern/Programming, Two (2) pair Frnt Warn Lts, X-Pattern, Upper & Lower 1428 0079664 Light, Front, Wln 60*02F*R LED, pair 1

Location, Lights - below headlights Flange Kit - w)with flange Control, Light - h) front warning Color,Whln Sup600 LED - j) DS bl/cl, PS rd/cl

429 0653937 Flasher, Headlight Alternating 1 Headlt flash deactivation - a)w/high beam

430 0622731 SP Lights, Side Zone Lower, Whelen 90**5F*R Frt Splt, M6*C Mid Rr, LED, 3pr 1 Location, Lights Mid - as per drawing Location, Lights Rear - as per drawing Location, Lights Front Side - b)each side bumper Color, Light, Mid Side - Blue Color, Lt Side Rear - Red Color, Lt Side Frnt Split - White Over Red

431 0553356 Lights, Side, Whelen M9# LED, Split Color, Clear Lens, 1st 2 Location, Lights - one each side of cab as oper drawing Qty, - 02 Control, Light - a) rear upper warning Color, Lt Side Split - Red and Blue

432 0564655 Lights, Rear Zone Lower, Whelen M6*C LED, Clear Lens, For Tail Lt Housing 1 Color, Lt DS Rear - b) DS Rear Lt Blue Color, Lt PS Rear - r) PS Rear Lt Red

433 0540799 Lights, Rear, Whelen M9*C LED, Clear Lens 2 Color, Light - o) one red, one blue Location, Rear Lights - Rear compt bulkheads Qty, - 02 Control, Light - i) park brake

434 0006700 Mounting, Lights, Recess In Rear Bulkhead (pair) 2 Location - Locate the upper scene lights and the rear zone upper lights, same as ED114 Qty, Lights, Pair - 2

435 0686562 Light, Rear Zone Upper, Whelen MCFLED2* LED 1 Color, Lens, LED's - c)clear Color, Lt, Rear Upper DS - r) DS Rear Upper Red Color, Lt, Rear Upper PS - b) PS Upper Rear Blue

436 0006551 Not Required, Lights, Rear Upper Zone Blocking 1437 0025876 Mtg, Rear Warn Lts, DS S/S to Match PS, PS - S/S Ladder Lock Encl 1438 0791493 Light, Traffic Directing, Whelen TAM65 36" Long LED 1

Activation, Traffic Dir L - Control Head Only439 0662198 SP Location, Traf Dir Lt, Recessed 1" Within Treadplate Step 1

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440 0530281 Location, Traf Dir Lt Controller, Center Console in Sw Pnl 1441 0519934 Not Required, Brand, Hydraulic Tool System 1442 0007150 Bag of Nuts and Bolts 1

Qty, Bag Nuts and Bolts - 1443 0602516 NFPA Required Loose Equipment, Pumper, NFPA 2016, Provided by Fire

Department1

444 0602407 Soft Suction Hose, Provided by Fire Department, Pumper NFPA 2016 Classification 1445 0027023 No Strainer Required 1446 0602538 Extinguisher, Dry Chemical, Pumper NFPA 2016 Class, Provided by Fire Department 1447 0602360 Extinguisher, 2.5 Gal. Pressurized Water, Pumper NFPA 2016,Provided by Fire Dept 1448 0602679 Axe, Flathead, Pumper NFPA 2016 Classification, Provided by Fire Department 1449 0602667 Axe, Pickhead, Pumper NFPA 2016 Classification, Provided by Fire Department 1450 0559573 Paint, Single Color, Custom 1

Paint Color, Predefined - Red # 268451 0646897 Paint Chassis Frame Assy, E-Coat, Standard 1

Paint Color, Frame Assembly, Predefined - Black452 0693797 No Paint Required, Aluminum Front Wheels 1453 0693792 No Paint Required, Aluminum Rear Wheels 1454 0509891 Coating, Protective Line-X Lining, Wheelwell Liners 4

Color, Paint - BLACK Qty, - 04

455 0007230 Compartment, Painted, Spatter Gray 1456 0544129 Reflective Band, 1"-6"-1" 1


457 0075552 Reflective across Cab Face, QX 1458 0536954 Stripe, Chevron, Rear, Diamond Grade, Pumper 1

Color, Rear Chevron DG - fluorescent yellow green459 0082587 Folded Ribbon in Reflective Stripe, Pair With Air Brushing 1

Location - as per drawing Qty, - 1

460 0671891 Stripe, Diagonal Diamond Grade Chevron on Quantum Steps 1 Color, Reflect Chev - A - s) fluorescent yellow diamond grade

461 0017359 Stripe, Black Outline, Vinyl on Reflective Band 3 Qty, - 03

462 0658476 SP Stripe, Reflective, Chevron, Body Compt Dr Int, DOT D-Grade, L shape corners 10 Location - D1, D2, D3, P1, P2, P3 Qty, - 10

463 0669643 Stripe, Reflective, Inside Aluminum Rub Rail 6 Color, Reflect Band - A - a) white Qty, - 06

464 0667281 Stripe, Reflective, Chevron, Hydraulic Ladder Rack Arm, Rear Only, Diamond Grade 1465 0552453 Stripe, Reflective, Chevron, Cab and Crew Cab Doors Interior, Diamond Grade 1

Color, Reflect Band - A - p) fluorescent yellow green diamond grade Size, Chevron Striping - 04 Color, Reflect Chev - A - r) red diamond grade

466 0033179 Lettering Specifications, Reflective 1467 0686153 Lettering, Reflective, 4.00", (21-40) 1

Outline, Lettering - Outline and Shade468 0685562 Lettering, Printed Effect Gold Leaf, 5.00", Each 4

Qty, Lettering - 04 Outline, Lettering - Outline and Shade




Qty, - 1

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472 Location, Emblem - Located on cab sides, reference LP print for placement.

473 0788757 SP Emblem, Monogram w/Ribbon Above and Below, Reflective, Pair 1 Qty, - 01 Location, Emblem - Located on cab doors.

474 0784284 SP Emblem, Monogram w/Ribbon, Printed Effect Gold Leaf, Pair 1 Qty, - 01 Location, Emblem - Located on cab doors.

475 0695610 Emblem, Reflective, Per Dept. Submittal, Each 2 Qty, - 02 Location, Emblem - Located on the D1 & P1 doors inset into the SCL/S. Size, Dept Seal, Reflect - 10" - 12"

476 0032773 Manuals, Two (2), Fire Apparatus Parts, & (1) CD, Custom Chassis 1477 0002905 Manuals, Two (2) Chassis Service, Custom 1478 0032434 Manuals, Three (3) or more, Chassis Operation, Custom 3

Qty, - 03479 0030008 Warranty, Basic, 1 Year, Apparatus, WA0008 1480 0595239 (No Pick Required) 1481 0666364 SP Warranty, Air Conditioning System, Three (3) Years, AXT/Qtm/Vel, WA0323 1482 0696696 Warranty, Engine, Detroit DD13, 5 Year, WA0180 1483 0684953 Warranty, Steering Gear, Sheppard M110, 3 Year WA0201 1484 0595766 Warranty, Frame, 50 Year, Includes Crossmembers, Custom Chassis, WA0038 1485 0595698 Warranty, Axle, 3 Year, TAK-4, WA0050 1486 0591846 Warranty, Single Axle, 5 Year, Meritor, General Service, WA0175 1487 0652758 Warranty, ABS Brake System, 3 Year, Meritor Wabco, WA0232 1488 0019914 Warranty, Structure, 10 Year, Custom Cab, WA0012 1489 0595813 Warranty, Paint, 10 Year, Cab, Pro-Rate, WA0055 1490 0595770 Warranty, Power Step, 2 Year, WA0031 1491 0524627 Warranty, Electronics, 5 Year, MUX, WA0014 1492 0708760 Warranty, Not Applicable, LED Strip Lights 1493 0046369 Warranty, 5-year EVS Transmission, Standard Custom, WA0187 1494 0685945 Warranty, Transmission Cooler, WA0216 1495 0688798 Warranty, Water Tank, Lifetime, UPF, Poly Tank, WA0195 1496 0596025 Warranty, Structure, 10 Year, Body, WA0009 1497 0693126 Warranty, AMDOR, Roll-up Door, 10 Year/5 Year Painted, WA0185 1498 0063510 Warranty, Pump, Waterous, 5 Year Parts, WA0225 1499 0648675 Warranty, 10 Year S/S Pumbing, WA0035 1500 0657846 Warranty, Foam System, Husky 12, WA0231 1501 0595820 Warranty, Paint, 10 Year, Body, Pro-Rate, WA0057 1502 0595412 Warranty, Graphics Lamination, 1 Year, Apparatus, WA0168 1503 0596326 Warranty, Extended, 2 Year, Custom Chassis, Class H, WA0069 1504 0596307 Warranty, Extended, 2 Year, Pierce Body, Class H, WA0096 1505 0683627 Certification, Vehicle Stability, CD0156 1506 0610838 Certification, Engine Installation, Quantum, Detroit DD13, 2016, CD0147 1507 0686786 Certification, Power Steering, CD0098 1508 0543949 Certification, Cab Integrity, Quantum, CD0010 1509 0556828 Certification, Electric Window, Not Available 1510 0600925 Certification, Seat Belt Anchors and Mounting, Quantum, CD0138 1511 0609767 Certification, Cab Air Conditioning Performance, Quantum, CD0045 1512 0545073 Amp Draw Report, NFPA Current Edition 1513 0002758 Amp Draw, NFPA/ULC Radio Allowance 1514 0799248 Appleton/Florida BTO 1515 0000018 PUMPER, 2ND GEN 1516 0000012 PIERCE CHASSIS 1517 0562778 DD13 ENGINE 1518 0046396 EVS 4000 Series TRANSMISSION 1519 0020011 WATEROUS PUMP 1520 0020009 POLY TANK 1521 0028048 FOAM SYSTEM 1522 0020006 SIDE CONTROL 1523 0020007 AKRON VALVES 1

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524 0020015 ABS SYSTEM 1525 0658751 Manufacturing Attribute 1

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October 5, 2017

Town of Gilbert, AZ

One (1) Enforcer Encore Rescue Air Light RH383


Proposal Price 581,843.00$




Total Bid Price Including Sales Tax 630,165.97$








Subtotal including all pre-pay discounts 553,517.00




Total Bid Price Including Pre-Pay Discounts & Sales Tax 599,488.91$

Terms:

If the Town of Gilbert would like to transport the unit from the factory to their facility a deduction of (4,500.00) is available.

Based on the current delivery schedule the unit would be ready for delivery from factory within 11.5 to 13.5 months after contract execution. Delivery is subject to

change pending Pierce's delivery schedule at order placement.

Transportation of the unit to be driven from the factory is included in the pricing. However, if we are unable to obtain necessary permits, due to the weight of the

unit, and the unit must be transported on a flat bed, additional transportation charges will be the responsibility of the purchaser. We will provide pricing at that time

if necessary.


If payment discount options are not elected standard payment terms will apply: Final payment will be due 30 days after the unit leaves the factory for delivery. If

payment is not made at that time a late fee will be applicable.

An invoice will be provided 30 days prior to the chassis payment due date if elected.


An annual price increase will go into effect for all orders processed after January 31, 2018. If order is not submitted prior to that date, a 3% price increase will be

required.

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1 0581842 Boiler Plates, ENCORE Rescue 12 0661794 Single Source Compliance 13 0584456 Manufacture Location: Appleton, Wisconsin 14 0584452 RFP Location: Appleton, Wisconsin 15 0588609 Vehicle Destination, US 16 0610784 Comply NFPA 1901 Changes Effective Jan 1, 2016, With Exceptions 17 0533352 Special Services (Rescue) Fire Apparatus 18 0588614 Vehicle Certification, Rescue 19 0681285 Agency, Apparatus Certification, Rescue, U.L. 1

10 0535579 Not Required, Unit of Measure, (no pump, no tank) 111 0030006 Bid Bond Not Requested 112 0050066 Performance Bond, 100% Req'd (Statement by Rep) 113 0000007 Approval Drawing 114 0002928 Electrical Diagrams 115 0649754 Enforcer Chassis 116 0000110 Wheelbase 1

Wheelbase - 190.5017 0000070 GVW Rating 1

GVW rating - 43,50018 0649713 Frame Rails, 10.25" x 3.50" x .375", Saber FR/Enf 119 0020018 Frame Liner Not Req'd 120 0635815 Axle, Front, Dana, D-2000F, 18,000 lb Saber FR/Enforcer 121 0637879 Suspension, Front, Standens, Taper Leaf, 18,000 lb, Saber FR/Enforcer 122 0000321 Shock Absorbers on Front Axle, Monroe Magnum 65, Saber/Enforcer 123 0000322 Oil Seals, Front Axle 124 0031625 Tires, Front, Michelin, XZA1, 315/80R22.50, 20 ply 125 0019575 Wheels, Front, Alcoa, 22.50" x 9.00", Aluminum, Hub Pilot 126 0690933 Axle, Rear, Dana S23-170, 24,000 lb, Saber/Enforcer 127 0544253 Top Speed of Vehicle, 68 MPH 128 0565379 Suspen, Rear, Single Slipper Spring, 24,000 lb, Saber/Enforcer 129 0000485 Oil Seals, Rear Axle 130 0057815 Tires, Rear, Michelin, XDN2 Grip, 315/80R22.50, LRL, Single 131 0019668 Wheels, Rear, Alcoa, 22.50" x 9.00", Aluminum, Hub Pilot, Single 132 0568081 Tire Balancing, Counteract Beads 133 0602747 No Tire Pressure Indicator, Fire Department Omits, Non-NFPA 2016 Compliant 134 0003245 Axle Hub Covers w/center hole, S/S, Front Axle 135 0001960 Axle Hub Covers, Rear, S/S, High Hat (Pair) 136 0057936 Covers, Lug Nut, Chrome 137 0002045 Mud Flaps, w/logo front & rear 138 0544802 Chocks, Wheel, SAC-44-E, Folding 1


Qty, Pair - 01 Location, Wheel Chocks - Left Side Rear Compt

40 0010670 ABS Wabco Brake System, Single rear axle 141 0690932 Brakes, Bendix, ADB22X, 17" Disc, Front 142 0581433 Brakes, Bendix, Cam, Rear, 16.50 x 7.00" 143 0020784 Air Compressor, Brake, Cummins/Wabco 18.7 CFM 144 0644232 Brake Reservoirs, 4,272 Cubic Inch Minimum Capacity, Saber FR/Enforcer 145 0644228 Air Dryer, Wabco System Saver 1200 IWT, Heated, Saber FR/Enforcer 1

Customer: TOWN OF GILBERT AZ Bid Number: 383Representative Hughes, Rex Job Number: Organization: Hughes Fire Equipment, Inc Number of Units: 1Requirements Manager: Bid Date: 10-01-2017Description: Gilbert Air Light Stock Number: Body: ENCORE, Rescue, Aluminum Price Level: 36 (Current: 36)Chassis: Enforcer Chassis

10/5/2017

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46 0000790 Brake Lines, Nylon 147 0000854 Air Inlet, w/Disconnect Coupling 1

Location, Air Coupling(s) - a) DS Step Well, Forward Qty, Air Coupling (s) - 1

48 0000853 Compressor, Air, Kussmaul 091-9 12V Brake System 1 Location - to be determined during drawing review meeting with customers

49 0000831 Isolated Brake Release, single rear axle 150 0615609 Fittings, Compression Type, Entire Apparatus, Single Rear Axle 151 0795474 Engine, Cummins L9, 380 hp, 1150 lb-ft, W/OBD, EPA 2017, Saber FR/Enforcer 152 0001244 High Idle w/Electronic Engine, Custom 153 0687994 Engine Brake, Jacobs Compression Brake, Cummins Engine 1

Switch, Engine Brake - e) ISC/ISM/ISL9/ISX Hi Med Lo54 0644227 Clutch, Fan, Air Actuated, Saber FR/Enforcer 155 0640477 Air Intake, Metal Screen, Saber FR/Enforcer 156 0780393 SP Exhaust System, 4", 2017 L9 Engine, Vertical, Center of Body, HDR 157 0788765 Radiator, Saber FR/Enforcer 158 0657980 Cooling Hoses, Gates Silicone - Custom 159 0041669 Fuel Tank, 50 Gallon, Dual Fills 160 0001129 Lines, Fuel 161 0595087 DEF Tank, 4.5 Gallon, DS Fill, Forward of Rear Axle 1

Door, Material & Finish, DEF Tank - Polished Stainless62 0552793 Not Required, Fuel Priming Pump 163 0552712 Not Required, Shutoff Valve, Fuel Line 164 0699437 Cooler, Chassis Fuel, Not Req'd. 165 0642572 Trans, Allison 5th Gen, 3000 EVS P, w/Prognostics, Imp/Vel/DCF/SFR/Enf 166 0625329 Transmission, Shifter, 5-Spd, Push Button, 3000 EVS 167 0684459 Transmission Oil Cooler, Modine, External 168 0539711 Label, TRANSynd Transmission Fluid Only 169 0027843 Fluid, 3000 Series Trans, Allison Approved TES-295 Synthetic, IPOS, Custom 170 0001370 Driveline, Spicer 1710 171 0635294 Steering, Single Gear, TRW TAS_85, w/tilt, Pump w/ Cooler, Saber FR/Enforcer 172 0509229 Steering Wheel, 2 Spoke 173 0690274 Logo/Emblem, on Dash 1

Text, Row (1) One - Gilbert Text, Row (2) Two - Fire & Text, Row (3) Three - Rescue

74 0606186 Bumper, Non-Extended, Saber FR/Enforcer 175 0614646 No Lift & Tow Package, Imp/Vel, AXT, SFR/Enf 176 0002270 Tow Hooks, Chrome 177 0649716 Cab, Enforcer, 6010 178 0647919 Engine Tunnel, ISL, Saber FR/Enforcer 179 0633594 Rear Wall, Interior, Adjustable Seating 180 0632103 Rear Wall, Exterior, Cab, Saber FR/Enforcer 1

Material, Exterior Rear Wall - Aluminum Treadplate81 0644201 Cab Lift, Elec/Hyd, Saber FR/Enforcer 182 0695930 Grille, Bright Finished, Front of Cab, Dash CF/Enforcer 183 0647932 Not Required, Trim, S/S Band, Across Cab Face, AXT/Dash CF/Saber/Enforcer 184 0087357 Molding, Chrome on Side of Cab 185 0052410 Mirrors, Ramco, 6001FFHR-750HR, Htd/Rmt, w/Bolt-on Htd/Rmt Convex, Cab Mount 186 0648170 Door, Half-Height, Saber FR/Enforcer 4-Door Cab, Raised Roof 1

Key Model, Cab Doors - 75187 0655543 Door Panel, Brushed Stainless Steel, Saber/Enforcer 4-Door Cab 188 0528958 Not Required, Controls, Electric Window, AXT, Quantum, Saber, Enforcer, Dash CF 189 0638310 Steps, 4-Door Cab, Saber FR/Enforcer 1

Step Well Material - Aluminum Treadplate90 0634786 Lights, Cab and Crew Cab Access Steps, P25, LED w/Bezel, 1Lt Per Step 6lts 191 0002141 Fenders, s/s on cab - Saber/Enforcer 192 0042105 No Windows, Side of Crew Cab 193 0012090 Not Required, Windows, Front/Side of raised roof 194 0779033 Not Required, Windows Rear of Crew Cab, Saber FR/Enforcer 1

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95 0637322 Cab Interior, Vinyl Headliner, Saber FR/Enforcer 1 Color, Cab Interior Vinyl/Fabric - a) Silver/Gray Engine Tunnel Cover - Painted

96 0012430 Cab Interior, paint color 1 Color, Cab Interior Paint - a) gray

97 0052100 Floor, Rubber Padded, Cab & Crew Cab, Saber/Enforcer 198 0644195 Heater/Defroster, Saber FR/Enforcer 199 0644194 Air Conditioning, Saber FR/Enforcer 1

100 0677382 Guard, Brush, Painted, For Coleman A/C Unit, Cab Roof 1101 0789101 Air Conditioning, Coleman-Mach 8, Roughneck, 120V, 15K Cool Only, Cab

Roof,White1

Thermostat - Coleman A/C Cool Only AC Power Source - Shoreline

102 0639675 Sun Visor, Smoked Lexan, AXT, Dash CF, Imp/Vel, Saber FR/Enforcer 1 Sun Visor Retention - No Retention

103 0634328 Grab Handles, Driver and Officer Door Posts, Saber FR/Enforcer 1104 0583938 Lights, Engine Compt, Custom, Automatic Sw, Whelen 3SC0CDCR, 3" LED, Trim 1

Qty, - 01105 0631830 Fluid Check Access, Saber FR/Enforcer, Arrow XT 1106 0583041 Side Roll Protection 1107 0622621 Seating Capacity, 2 Seats 1108 0636955 Seat, Driver, Pierce PSV, Air Ride, High Back, Safety, Saber FR/Enforcer 1109 0636943 Seat, Officer, Pierce PSV, Fixed, High Back, Safety, Saber FR/Enforcer 1110 0620420 Radio Compartment, Below Non-Air Ride Seat, Saber FR/Enforcer 1111 0102788 Not Required, Seat, Rear Facing C/C, DS Outboard 1112 0102783 Not Required, Seat, Rr Facing C/C, Center 1113 0102790 Not Required, Seat, Rear Facing C/C, PS Outboard 1114 0108189 Not Required, Seat, Forward Facing C/C, DS Outboard 1115 0777992 SP Seat, Forward Facing C/C, Center, (4) Flip Up Bench, Rehabilitation, SFR/Enf 1116 0108190 Not Required, Seat, Forward Facing C/C, PS Outboard 1117 0566653 Upholstery, Seats In Cab, Turnout Tuff 1

Color, Cab Interior Vinyl/Fabric - m) Gray118 0511471 No SCBA Brackets Required In Cab Seats, Imp/Vel, AXT 2010, Qtm 2010, Dash CF 1119 0603866 Seat Belt, Dual Retractor, ReadyReach, Saber FR/Enforcer 1

Seat Belt Color - Red120 0602464 Helmet Storage, Provided by Fire Department, NFPA 2016 1121 0647647 Lights, Dome, FRP Dual LED 4 Lts 1

Color, Dome Lt - Red & White Color, Dome Lt Bzl - Black Control, Dome Lt White - Door Switches and Lens Switch Control, Dome Lt Color - Lens Switch

122 0602618 Portable Hand Lt,Provided by Fire Dept,Special Services,NFPA 2016 Classification 1123 0644187 Cab Instruments, Black Gauges, Black Bezels, Saber FR/Enforcer 1

Emergency Switching - Individual Switches124 0002544 Air Restriction Indicator - Pierce Chassis 1125 0543751 Light, Do Not Move Apparatus 1

Alarm, Do Not Move Truck - Steady Alarm126 0637359 Not Required, Door Open Indicator w/Do Not Move Truck Light, Enf/Saber FR 1127 0632738 Switching, Cab Instrument Lower Console & Overhead, Rocker, Enforcer 1128 0644179 Wiper Control, 2-Speed with Intermittent, Saber FR/Enforcer 1129 0548009 Wiring, Spare, 20 A 12V DC 1st 2

Qty, - 02 12vdc power from - Battery direct Wire termination - 10-Place Bus Bar w/Cover Location, Spare Wiring - Behind Officer Seat

130 0636439 Wiring, Spare, 37.5 A 12V DC, Cust Install Radio, 30A Bat Dir, 7.5A Ign & Grnd 2 Qty, - 02 Location - determined at preconstruction

131 0548004 Wiring, Spare, 15 A 12V DC 1st 2 Qty, - 02 12vdc power from - Battery direct Wire termination - Butt Splice

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131 Location, Spare Wiring - Officer Dash132 0610240 Vehicle Data Recorder w/Seat Belt Monitor 1133 0687904 Antenna Mount, Custom Chassis, Cable Routed to Behind Officer Seat 1

Location - determined at preconstruction Qty, - 01

134 0621396 SP Antenna, Panorama LGMM-7-27-24-58, for Motorola VML750 1 Location - determined at preconstruction Qty, - 01

135 0696439 Antenna Mount, Custom Chassis, Cable Routed to Instrument Panel Area 2 Qty, - 02 Location, Antenna Mount - Right Side

136 0628904 SP Antenna Whip Only, Laird QW760, 760-870MHz 1 Location - determined at preconstruction Qty, - 01

137 0653533 Camera, Pierce, 7" LCD, Rear Camera Only 1 Location, Camera Monitor - Driver Side Overhead

138 0624241 Electrical Power/Signal Protection & Control, Enforcer 1139 0624256 Electrical System, Enforcer Hard Wired 1140 0079166 Batteries, (4) Exide Grp 31, 950 CCA ea, Threaded Stud 1141 0008621 Battery System, Single Start, All Custom Chassis 1142 0002698 Battery Compartment, Saber/Enforcer 1143 0579436 Charger, Sngl Sys, Kussmaul, 1200, 091-187-12-Remote, 40 Amp 1144 0012782 Location, Charger, Front Left Side Body Compartment 1

Location, Battery Chrgr/Cmpr - High On Left Wall145 0530949 Location, Battery Charger Indicator, Driver's Seat Riser 1146 0016857 Shoreline, 20A 120V, Kussmaul Auto Eject, 091-55-20-120, Super 1

Qty, - 01 Color, Kussmaul Cover - b) red Shoreline Connection - Battery Charger

147 0026800 Shoreline Location 1 Location, Shoreline(s) - DS Cab Side

148 0776857 SP Shoreline, 20A 120V Kussmaul Auto Eject, "Super" 1 Location - Driver side above the wheel well next to the other shoreline Qty, - 01 Color, Kussmaul Cover - e) blue Connection, Shoreline - Crew cab AC unit

149 0036800 Switch, Auto Transfer, Up to 30Amp, Gen Shoreline 1 Connection, Transfer Switch - AC Powered Air Conditioner

150 0121711 Alternator, 320 amp, Leece-Neville 4962PA, Sgl Sys 1151 0644176 Load Manager, Integrated In Electrical System, Saber FR/Enforcer 1152 0648596 Headlights, Rectangular Halogen, AXT/Dash CF/Saber/Enforcer 1153 0648426 Light, Directional, Wln 60A00TAR LED Arrow, Common Bzl, Above Headlts,Sab/Enf 1

Color, Lens, LED's - Clear154 0620054 Light, Directional/Marker, Intermediate, Weldon 9186-8580-29 LED 2lts 1155 0647802 Lights, Clearance/Marker/ID, Front, P25 LED 5 Lts, Saber FR/Enforcer 1156 0647899 Lights, Directional/Marker, Cab Front Side, Weldon 9186-8580-29 LED, Sab/Enf 1157 0627282 Lights, Clearance/Marker/ID, Rear, FRP LED Bar & P25 LED 4Lts 1158 0564683 Lights, Tail, Whelen M6BTT* Red LED Stop/Tail & M6T* Amber LED Dir Arw For Hsg 1

Color, Lens - Colored159 0561471 Lights, Backup, Whelen M6BUW, LED, For Tail Lt Housing 1160 0664481 Bracket, License Plate & Light, P25 LED 1161 0556842 Bezels, Wln, (2) M6 Chrome Pierce, For mtg (4) Wln M6 lights 1162 0589905 Alarm, Back-up Warning, PRECO 1040 1163 0614309 Synchronize, Whelen Warning Lights, 1st 2

Location - rear body warning lights "X" pattern Qty, - 02 Location 1 - upper left rear will flash will lower right Location 2 - upper right rear will flash will lower left rear

164 0666455 Lights, Perimeter Cab, Amdor AY-9500-020 LED 4Dr 1165 0616293 Not Required, Lights Perimeter Pump House, No Pump 1166 0645995 Lights, Perimeter Body, Amdor AY-9500-020 LED 2lts, Rear Step 1

Control, Perimeter Lts - Parking Brake Applied

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167 0556339 Lights, Step, P25 LED, Encore Rescue, Perm Lts 1168 0796083 Light, Whelen, 12V PFS2* Pioneer LED, 1st 2

Location, Lights - rear of body just below the rear upper M9 warning lights Qty, - 02 Color, Wln Lt Housing - Black Paint Control, Scene Lts - Body Switch, DS Front Bulkhead Mount, Wln - Semi-recessed Chrome 15 deg P**2

169 0640991 Light, Whelen, 12V PCPSM2* Pioneer LED Fld/Spt, Surface Mnt 1st 2 Location, Lights - mounted each side of body mounted between the Whelen M9 warning lights Qty, - 02 Switch, Lt Control 1 DC,1 - a) DS Switch Panel Switch, Lt Control 2 DC,2 - e) No Control Switch, Lt Control 3 DC,3 - d) No Control Switch, Lt Control 4 DC,4 - d) No Control Color, Wln Lt Housing - Chrome Flange

170 0004961 Not Required, Work Lights, Alt. Rear Lights, HDR/Encore, No Hose Bed 1171 0645677 Lights, Not Required, Rear Work, Alt. 12 Volt Lights At Rear Body 1172 0797313 Not Required, No Walking Surface, NFPA 2016 1173 0559733 Buzzer, Two-way, Cab to Body, NOT REQUIRED 1174 0023456 ENCORE, Rescue, Aluminum 1175 0035959 18' Length, Alum, 42.42.74.42 1176 0594021 Doors, Amdor, Roll-up, Side Compartments 8

Qty, Door Accessory - 08 Color, Roll-up Door - AMDOR Painted to Match Lower Body Latch, Roll-up Door - Non-Locking Liftbar

177 0041961 18' Length, Roll Doors, Alum 1178 0036031 Left Forward Compt, 42" & 42", Alum 1179 0036039 Left Over Wheel Compt, 74", Alum 1180 0036040 Left Rear Compt, 42", Alum 1181 0036047 Right Forward Compt, 42" & 42", Alum 1182 0036055 Right Over Wheel Compt, 74", Alum 1183 0036056 Right Rear Compt, 42", Alum 1184 0533168 MODIFICATION, Extend Frame Rails 1185 0503436 Not Req'd, Telephone Network, Command Interior 1186 0503432 Audio/Video Network Not Provided 1187 0555017 SP Compt, Rear Access, Roll Up Door Only, 66.00" Wide F-F 1188 0698520 Awning, Rear of Body, Zip Dee Brand 1

Color - 2) red189 0043244 Compt, Air Bottle in Fender Well, Single 2

Location - one each side of body Qty, - 02

190 0777093 SP Recess, Fender Panel, Each Side for Valve & Outlet from Tank 1191 0778387 SP 30 Gallon Tank, w/12V Pump 1

Location - to be determined during drawing review meeting with customer Qty, - 01 Fill in Blank - to be detmerined

192 0776975 SP Gauge, Water Level, Class 1, Pierce Std., Feature Location 1 Location - in the cab near the driver switch panel

193 0043178 Divider, Compt, Vertical Transverse 1 Location - rear side compartments Qty, - 1

194 0027970 Floor Extension, Compt 4 Location - each forward compartment Qty, - 04

195 0081912 Fairing, Painted, Front and Both Sides 1196 0043183 Rack, Spare SCBA Bottles 24

Location - side rear compartment Qty, - 24 Configuration - 3 x 8

197 0562979 SP Trough, Storage, Alum, Custom Size 5 Location - front transverse compartment

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197 Qty, - 05 Dimensions - tbd

198 0092046 Shelf, Adj., Special Non-Standard Size, Any Compt. 3 Location - 3 in passenger side rear compartment rear of divider Qty, - 03 Fill in Blank - area rear of divider

199 0092049 Tray, Slide-Out/Tilt, Adj. Ht., Special Non-Standard Size, Any Compt. 2 Location - tbd Qty, - 02

200 0045098 Bumper, Rear Non-Walk-In 13.00" D, Notch 1201 0793822 Not Required, Water Tank, Rescue 1202 0023410 Not Required, Overflow 1203 0028107 Not Required, Foam Cell Modification 1204 0553729 Not Required, Restraint, Water Tank, Heavy Duty 1205 0690023 Wall, Rear, Smooth Aluminum 1206 0023535 Tow Hooks, ENCORE 1207 0689549 Lights, Compt, Pierce LED, Dual Light Strips, Each Side of Door 9

Location - each body compartment Qty, - 09

208 0646072 Tray, Floor Mounted, Slide-Out, 500lb, 2.00" Sides, 22.00" Deep, Encore 4 Qty, - 04 location - forward 42.00" compartments

209 0646005 Tray, Floor Mounted, Utility, Two Way Slide-Out, 500lb, 3" Sides, Full Trans 1 Qty, - 01 location - D3/P3 Material - DA finish

210 0004016 Rub Rail, Aluminum Extruded, Side of Body 1211 0004024 Fender Crowns, Rear, S/S 1212 0519849 Not Required, Hose, Hard Suction 1213 0044229 No Extension Ladder Req'd 1214 0074231 No Roof Ladder Req'd 1215 0074248 Not Required, Folding Ladder 1216 0540739 Not Required, Rack, Equipment Storage, Rear Compt 1217 0014381 Not Required, Rear Step (No rear door) 1218 0796159 Not Required, Pump, Rescue 1219 0012216 No Seal/Packing Required 1220 0012690 Not Required, Trans, Pump 1221 0669703 Not Required, Pumping Mode 1222 0024484 Not Required, Pump Shift 1223 0046295 Transmission Lock-up, Not Req'd, NO PUMP 1224 0046296 Not Required, Auxiliary Cooling System, NO PUMP 1225 0046283 Not Required, Transfer Valve, NO PUMP 1226 0024513 Not Required, Intake Relief Valve 1227 0046403 No Relief Valve Req'd, No Pump 1228 0012336 No Pump Primer Req'd 1229 0012816 Not Required, Pump Manuals 1230 0090789 Not Required, Plumbing, No Pump 1231 0046371 Not Required, No Plumbing or Foam System 1232 0796254 No Main Inlet Required, Rescue No Pump 1233 0089389 No Valves, (No Pump) 1234 0055600 Not Required, Auxiliary Inlet, Left Side 1235 0029147 Not Required, Inlet, Right Side 1236 0074685 Not Required, Inlet Installation 1237 0064700 Not Required, Inlet Control 1238 0681723 No Bleeder Valve, No Pump 1239 0681730 Not Required, Tank to Pump, No Pump 1240 0074900 Not Required, Tank Fill 1241 0551181 Not Required, Outlet, Left Side, Rescue 1242 0092570 Not Required, Outlets, Left Side Additional 1243 0021143 Not Required, Outlet, Right Side 1244 0092571 Not Required, Outlets, Right Side Additional 1

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245 0545326 Not Required, Outlet, Large Diameter, No Pump 1246 0092572 Not Required, Outlet, Front 1247 0551179 Not Required, Discharge Caps 1248 0089391 Valve, Bleeder - None Req'd, (No Pump) 1249 0055095 Not Required, Elbow, Left Side Outlets, 2.50" 1250 0021134 Not Required, Elbow, Right Side Outlets 1251 0089394 Not Required, Outlet Control, No Pump 1252 0519936 Not Required, 1.50" Crosslays, Rescue 1253 0029260 Not Required, Speedlays 1254 0500535 Not Required, Hose Restraint, Crosslay/Speedlay 1255 0046372 Not Required, Foam System, Pump, or Plumbing 1256 0012126 Not Required, CAF Compressor 1257 0552517 Not Required, Refill, Foam Tank 1258 0042573 Not Required, Foam System Demonstration 1259 0045465 Not Required, Foam Tanks 1260 0091110 Not Required, Foam Tank Drain 1261 0091079 Not Required, Foam Tank #2 1262 0091112 Not Required, Foam Tank Drain 1263 0518339 Not Required, Pump House, Rescue 1264 0000261 Not Required, Pump Panel Layout 1265 0030701 Not Required, Material, Pump Panels, No Panel 1266 0046495 Not Required, Pump Access, No Pump 1267 0092531 Not Required, Pump House Structure 1268 0522609 Not Required, No Chassis Engine Gauges @ Pump Panel 1269 0046400 Throttle, Engine Not Req'd, No Pump / Skid Pump 1270 0046378 Not Required, Gauges, Vac/Pressure, No Pump 1271 0046375 Not Required, Gauges, No Pump 1272 0035650 Not Required, Water Level Gauge 1273 0006774 Not Required, Foam Level Gauge 1274 0046280 Not Required, Light Shield, No Pump 1275 0606697 Air Horns, (2) Grover, In Bumper 1276 0606835 Location, Air Horns, Bumper, Each Side, Outside Frame, Outboard (Pos #1 & #7) 1277 0016065 Control, Air Horn, Horn Ring, PS Chrome Push Button 1278 0097586 Siren, Federal PA640 1

Control from Elec Siren - to be determined during drawing review meeting279 0510206 Location, Elect Siren, Recessed Overhead In Console 1

Location, Elec Siren - Overhead, DS Inside Sw Pnl280 0076157 Control, Elec Siren, Horn Ring 1281 0601332 Speaker, (1) Federal, ES100C w/ESFMT Recess Mnt & Trim Ring 1

Connection, Speaker - siren head282 0601565 Location, Speaker, Frt Bumper, Recessed, Center (Pos 4) 1283 0776867 SP Lightbar, Wln, Freedom IV-Q, 72", RRRRRRRStrBBBBBBB 1

Opticom Priority - b) High Opticom Activation - Roof Light Momentary Opticom Activation - No Activation Filter, Whl Freedom Ltbrs - No Filters

284 0790001 Power Supply, Tomar 3065-R-OML Traffic Light Controller, Single Strobe Tube 1 Opticom Priority - b) High Opticom Activation - Roof Light Momentary Opticom Activation - No Activation

285 0016380 No Additional Lights Req'd, Side Zone Upper 1286 0540384 Lights, Front Zone, Whelen M6*C LED, Clear Lens, in Common Bzl 1

Color, Lt DS Front - Blue Color, Lt PS Front - Red

287 0653937 Flasher, Headlight Alternating 1 Headlt flash deactivation - a)w/high beam

288 0540692 Lights, Side Zone Lower, Whelen M6*C LED, Clear Lens, 3pr, Ovr 25 1 Location, Lights Front Side - b)each side bumper Color, Lt Side Front - DS Blue/PS Red Color, Lt Side Middle - DS Red/PS Blue Color, Lt Side Rear - DS Blue/PS Red

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288 Location, Lights Mid Side - Rearward of Crew Cab Doors Location, Lights Rear Side - Between Tandem

289 0540774 Lights, Side, Whelen M9*C LED, Clear Lens 1 Location, Lights - one light mounted on the driver side between cab doors high as possible and one mounted side front of body upper area officer side Qty, - 1 Color, Lights, Warning - d) blue

290 0540773 Lights, Side, Whelen M9* LED, Colored Lens 1 Location, Lights - mounted as high as possible between the officer door and crew cab door Qty, - 1 Color, Lights, Warning - gla) red Control, Light - f) emerg master

291 0567553 Lights, Side, Whelen M9*C LED, Clear Lens 2nd 2 Location, Lights - side front of body upper area driver side and on mounted rear side of body passenger side Qty, - 02 Color, Lights, Warning - gla) red

292 0564655 Lights, Rear Zone Lower, Whelen M6*C LED, Clear Lens, For Tail Lt Housing 1 Color, Lt DS Rear - r) DS Rear Lt Red Color, Lt PS Rear - r) PS Rear Lt Red

293 0670485 SP Lights, Rear Warning, Special Flash Pattern, Sync, X Pattern, Separate Swt 1 Location - upper driver rear will flash will lower right rear, upper right rear will flash will lower left rear

294 0541155 Lights, Rear/Side Up Zone, Whelen M9*C LED, Clear Lens 4lts 1 Color, Lt, Side Rear Upper DS - Side Rear Upper Blue Color, Lt, Side Rear Upper PS - Side Rear Upper Red Color, Lt, Rear Upper DS - r) DS Rear Upper Red Color, Lt, Rear Upper PS - b) PS Upper Rear Blue

295 0006551 Not Required, Lights, Rear Upper Zone Blocking 1296 0006646 Electrical System, 120/240VAC, General Design 1297 0537176 Generator, Lima 40kW Continuous, 120/240Vac, 60Hz, 3 Phase, PTO 1298 0016645 Location, PTO Generator, Between the Frame Rails 1299 0016752 Starting Sw, Truck Engine Powered Gen, Cab Sw Pnl 1300 0016757 Not Required, Remote Start, Generator 1301 0016740 Not Required, Fuel System 1302 0016767 Not Required, Oil Drain Extension, Generator 1303 0016771 Not Required, Routing Exhaust, Generator 1304 0036738 Circuit Breaker Panel, Included With PTO Generator 1

Location, Circuit Breaker Panel - D4, Forward Wall High305 0635999 Light Twr, W-B Pow NS4.5-600 WHL, 4-PCP2 120AC Lts Cld 15' 1

Detector, AC Lt Tower - n) Not Include AC Detector Color, Tower, Wlb - White Paint

306 0639593 Location, Light Tower, Rescue Body Roof, Forward 1307 0617738 Controller, Light Tower, W-B, Wired Handheld, E-STOP Pow, Pow X, Vrt 1308 0664785 Location, Light Tower Controller, Near the Circuit Breaker Panel 1309 0778274 SP Light Twr, W-B Pow NS4.5-600 WHL, 4-PCP2 120AC Lts Cld 15', Aux 1

Detector, AC Lt Tower - n) Not Include AC Detector Color, Tower, Wlb - White Paint, Towers

310 0790077 SP Location, 2nd Light Tower, Rescue Body Roof, Forward 1 Location - rear roof

311 0790137 Controller, Light Tower, W-B, Wired Handheld, E-STOP Pow, Pow X, Vrt, Aux 1312 0790136 Location, Light Tower Controller, Driver's Side Front Body Compartment, Aux 1

Location - driver side rear compartment313 0526994 Reel, Elect Cable, Akron, (4) Wire 1

Qty, Cord Reels - 1 Reel Guide - b) Captive roller Finish, Reel - Powder Coated Silver Location, Electric Cord Reel - D2, Ceiling Front

314 0066632 Cord, Electric, 10/4 Black, 4 Wire 1st 1 Lengths of Elect Cord - 1 Feet of Black Cord - d)200 Connection, Cord - Hubbell 30A 120/240V Twst Lk

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315 0781579 Receptacle, 15/20A 120V 3-Pr 3-Wr, NEMA 5-20R SB Dup, 1st, Interior Cab 1 Qty, - 01 Location 1 - Rear crew cab location to be determined during drawing review meeting AC Power Source - Shoreline Cover, Receptacle - Interior, Flip Up Duplex Cover(s)

316 0781507 Receptacle, 15/20A 120V 3-Pr 3-Wr, NEMA 5-20R SB Dup, 2nd, Interior Cab 1 Qty, - 01 Location 1 - Rear crew cab area, location to be determined during drawing review meeting AC Power Source - Shoreline Cover, Receptacle - Interior, Flip Up Duplex Cover(s)

317 0006790 Receptacle, 20A 120V 3-Pr 3-Wr TL, L5-20R Wtrprf 1 Qty, - 01 AC Power Source - Generator Location, Receptacle(s) - Left Rear Body

318 0569313 Breathing Air Cascade Sys. Storage Cylinders Provided with Compressor 1319 0016855 Breathing Air System General Design 1320 0501818 Demonstration, Breathing Air System, at Factory 1321 0594905 Air Control Panel, Included with Fill Enclosure 1322 0778107 SP Fill Enclosure, Vertical 2 Bottle, Dual, Bauer CFS5.5 2 w/Air Ctrl Pnl 1

Location - rear compartment323 0778110 SP Compressor, Breathing Air, Bauer, K18.1-20-E3, Skid w/(6) UN, Gilbert 1

Location - rear compartment324 0066890 Reel, Breathing Air, High Pressure w/150' Hose 1

Location - rear compartment Qty, Reel - 1 Reel Guide - b) Captive roller Finish, Reel - Painted Gray

325 0630096 Reel, Breathing Air, Low Pressure w/150' Hose 1 Location - rear compartment Qty, Reel - 1 Reel Guide - b) Captive roller Finish, Reel - Painted Gray

326 0519934 Not Required, Brand, Hydraulic Tool System 1327 0649753 Not Required, PTO Driven Hydraulic Tool System 1328 0649750 Not Required, Hydraulic Reels 1329 0007150 Bag of Nuts and Bolts 1

Qty, Bag Nuts and Bolts - 1330 0602524 NFPA Required Loose Equipment, Special Services, NFPA 2016,Provided by Fire

Dept1

331 0796255 Not Required, Soft Suction, Rescue No Pump 1332 0602533 Extinguisher, Dry Chemical, Special Services, NFPA 2016, Provided by Fire Dept 1333 0602351 Extinguisher, 2.5 Gal. Press Water, Special Service, NFPA 2016,Prov by Fire Dept 1334 0559573 Paint, Single Color, Custom 1

Paint Color, Predefined - Red #268335 0646897 Paint Chassis Frame Assy, E-Coat, Standard 1

Paint Color, Frame Assembly, Predefined - Black336 0693797 No Paint Required, Aluminum Front Wheels 1337 0693792 No Paint Required, Aluminum Rear Wheels 1338 0087992 Compartment, Unpainted, Natural Finish, ENCORE 1339 0544129 Reflective Band, 1"-6"-1" 1


340 0007356 Reflective across Cab Face 1341 0536955 Stripe, Chevron, Rear, Diamond Grade, Rescue 1

Color, Rear Chevron DG - fluorescent yellow green342 0017359 Stripe, Black Outline, Vinyl on Reflective Band 1

Qty, - 01343 0065687 Stripe, Reflective, Cab Doors Interior 1

Color, Reflective - a) white344 0033179 Lettering Specifications, Reflective 1

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345 0686153 Lettering, Reflective, 4.00", (21-40) 1 Outline, Lettering - Outline and Shade





Qty, - 02 Location, Emblem - to be determine during drawing review meeting with customer

351 0695610 Emblem, Reflective, Per Dept. Submittal, Each 2 Qty, - 02 Location, Emblem - location of last fleet purchase Size, Dept Seal, Reflect - 10" - 12"

352 0529225 Manuals, Two (2) CD, Fire Apparatus Parts, Custom Chassis 1353 0531636 Manual, Two (2) CD, Chassis Service, Custom 1354 0531638 Manual, Two (2) CD, Chassis Operation, Custom 1355 0030008 Warranty, Basic, 1 Year, Apparatus, WA0008 1356 0595239 (No Pick Required) 1357 0696698 Warranty, Engine, Cummins, 5 Year, WA0181 1358 0684952 Warranty, Steering Gear, TRW Ross TAS, 1 Year WA0202 1359 0596017 Warranty, Frame, 50 Year, Custom Chassis, WA0013 1360 0610471 Warranty, Axle, Eaton/Dana, 5 Year/100,000 Mile, Parts and Labor 1361 0610485 Warranty, Axle, Eaton/Dana, 5 Year/100,000 Mile, Parts and Labor 1362 0652758 Warranty, ABS Brake System, 3 Year, Meritor Wabco, WA0232 1363 0019914 Warranty, Structure, 10 Year, Custom Cab, WA0012 1364 0595813 Warranty, Paint, 10 Year, Cab, Pro-Rate, WA0055 1365 0695416 Warranty, Pierce Camera System, WA0188 1366 0647720 Warranty, Pierce LED Strip Lights, WA0203 1367 0046369 Warranty, 5-year EVS Transmission, Standard Custom, WA0187 1368 0685945 Warranty, Transmission Cooler, WA0216 1369 0033401 Not Required, Tank Warranty 1370 0596022 Warranty, Structure, 10 Year, Encore Rescue, WA0016 1371 0693127 Warranty, Gortite, Roll-up Door, 6 Year, WA0190 1372 0012599 Warranty, Pump, Not Required 1373 0046370 Not Required, Warranty, No Plumbing 1374 0641372 Warranty, Foam System, Not Available 1375 0595820 Warranty, Paint, 10 Year, Body, Pro-Rate, WA0057 1376 0595412 Warranty, Graphics Lamination, 1 Year, Apparatus, WA0168 1377 0683627 Certification, Vehicle Stability, CD0156 1378 0777618 Certification, Engine Installation, Saber FR/Enf, Cummins L9, 2017 CD0158 1379 0686786 Certification, Power Steering, CD0098 1380 0631980 Certification, Cab Integrity, Saber FR/Enforcer, CD0130 1381 0631973 Certification, Cab Door Durability, Saber FR/Enforcer, CD0137 1382 0631978 Certification, Windshield Wiper Durability, Saber FR/Enforcer, CD0132 1383 0556828 Certification, Electric Window, Not Available 1384 0631977 Certification, Seat Belt Anchors and Mounting, Saber FR/Enforcer, CD0134 1385 0631976 Certification, Cab Heater and Defroster, Saber FR/Enforcer, CD0131 1386 0631971 Certification, Cab Air Conditioning Performance, Saber FR/Enforcer, CD0135 1387 0545073 Amp Draw Report, NFPA Current Edition 1388 0002758 Amp Draw, NFPA/ULC Radio Allowance 1389 0799248 Appleton/Florida BTO 1390 0000030 ENCORE 1391 0000012 PIERCE CHASSIS 1392 0004713 ENGINE, OTHER 1

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393 0046395 EVS 3000 Series TRANSMISSION 1394 0020037 NO PUMP 1395 0020013 NO WATER TANK 1396 0028047 NO FOAM SYSTEM 1397 0046282 Not Required, Control Panel, No Pump 1398 0020007 AKRON VALVES 1399 0020015 ABS SYSTEM 1400 0658751 Manufacturing Attribute 1

10/5/2017 3:29 PM Page11383Bid #:

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FROM: Brad Richards, Senior Project Manager, 603-6708


SUBJECT: Change Order No.2 to the Engineering Services Contract for Elliot District Park Improvements CIP Project No. PR125, Contract No. 2016-7012-0253

STRATEGIC INITIATIVE: Infrastructure

This project supports Gilbert’s strategic initiative for Infrastructure as it improves the park to meet the needs of Gilbert’s citizens.

RECOMMENDED MOTION

A motion to approve award of Contract Change Order No. 2 in the amount not to exceed $11,379 to the Engineering Services Contract No. 2016-7012-0253 with Morrison-Maierle, Inc. for the, Elliot District Park Improvements, CIP Project No. 125, authorize Mayor to execute the required documents.


The Town of Gilbert (Town) is currently undertaking improvements to Elliot District Park, using the Construction Manager at Risk (CMAR) delivery method. The Town anticipates that Elliot District Park will be closed for the construction phase of the project beginning in September 2017 and reopening no later than December 30, 2018.

Completed as a design-build project in 2007, Elliot District Park opened in 2008 with 8 baseball fields, a 20,000 sq. ft. indoor soccer pavilion, batting cages, a children’s playground and two Stadium Club restaurants along with administration building and maintenance building/yard. Since the opening of the facility, the Town has become aware of a number of infrastructure issues that require attention. The Town has diligently worked with the appropriate parties to resolve these issues, and by working with private sector consultants, identified a list of areas that need to be evaluated, designed and constructed as part of a comprehensive CIP project. Urgent

888

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health/safety items identified through this review process have already been addressed as part of Phase I work as part of CIP PR114, which was completed in 2015. Items being addressed through CIP PR125 phase II work include assessment, repairs and improvements related to:1. ADA compliant ramps and stairs in the clubhouse buildings.2. Playground shade structure.3. ADA compliant stadium area stairs and handrails.4. ADA compliant depressed stairways around clubhouse building perimeters. 5. ADA compliant dugout stairways and handrails.6. ADA compliant switchback walking surfaces.7. ADA defined trip hazards in existing flatwork.8. Plaza concrete flatwork, batting cage, subgrade and drainage.9. Ball fields site grading and drainage. 10. Site retention basin erosion.11. Grandstand storm water management, grading and drainage, slope erosion, grandstand wall

corrosion and materials.12. Ballpark netting support columns.13. Parking lot subgrade, asphalt replacement and drainage.14. Administrative and Clubhouse buildings, rainwater drainage improvements, exterior stucco,

roofing.

Revisions to the scope of work required by the Town include additional structural analysis and design, site landscape and drainage design, constructability coordination and cost analysis. The Engineering Services requested that are in addition to the original scope of work due to project issues identified during the design phase include:

1. Additional structural analysis, engineering peer review and coordination, engineering design, and construction document preparation of the Elliot District Park outfield grandstands.

2. Additional landscape, storm water management, drainage design and construction document preparation.

3. Additional review and design coordination meetings with Town.4. Additional constructability reviews, cost refinement review and comment on CMAR

guaranteed maximum price proposals.

The Change Order was reviewed for form by Susan Goodwin, Special Counsel.

FINANCIAL IMPACT

Project PR125 is included in FY2018-2027 CIP and is funded through the CIP/OS Revolving Fund.

Summary of Contract ActivityOriginal Contract: $876,512 Approved 10/20/2016Change Order No. 1 $158,449 Approved 8/17/2017Change Order No. 2 $ 11,379 Approval Pending

Proposed Total Contract: $1,046,340

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Project Accounting Code: PR125-7520-8011 GL: 130002.70120125.5481



Staff has reviewed the fees associated with this work and finds that they meet Gilbert’s expectations for the services, and recommends approval of Change Order No. 2.


Brad Richards, PESenior Project Manager

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Susanna Struble 10/16/2017 6:34:06 AMDavid Fabiano 10/17/2017 7:24:27 AMJessica Marlow 10/17/2017 9:42:55 AMSusan Goodwin 10/24/2017 6:58:55 AMLaura Lorenzen 10/23/2017 10:57:59 AM

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Project Name: Elliot District Park Improvements Project No: PR125

Contract No: 2016-7012-0253

Form No. CIP2.2.4 Engineering Scope and Exhibits for CMAR Project Revised December 27, 2016

EXHIBIT E CHANGE ORDER NO. 2

PROJECT: Elliot District Park Improvements DATE: 9/28/2017 OWNER: Town of Gilbert PROJECT NO: PR125 CONTRACT NO: 2016-7012-0253 CONTRACT DATED: September 28, 2017 A/E: Morrison-Maierle, Inc. PM/CM: Bo Arch

CHANGES: The CONTRACT is changed as follows:

Per the attached email from Brad Richards, the A-E team developed a fee to re-design the stadium seating back steps (bathtubs) to be constructed as a flat walkway. The work to redesign this feature includes the following:

1. Evaluating existing geotechnical information and providing a recommendation for the structural fill for the walkway.

2. Re-evaluating the proposed drainage design and design revisions to the system as needed.

3. Redesigning the concrete surface elevations to meet all ADA slope requirements as well as match existing elevations.

4. Redesigning the architectural features for constructing a concrete walkway adjacent to an existing building.

5. Designing any new structural retaining walls for behind the stadium seating area.

6. Updating all of the construction plans, construction notes and construction details to reflect the changes.

See table below for an outline of the additional fees for each firm. Support documentation is attached.

Firm Additional Fee

Morrison-Maierle $8,067.00 Trail Consulting Group $700.00 Ninyo & Moore $1,512.00 Diehl Group Architects $1,100.00

Total $11,379.00

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bradleyr

Text Box

NOT APPLICABLE

SR PM III Q/A Sup Eng II Sr Engr Cvl Design Engr Designer Sr CADD Tech Totals Assumptions

Bathtub - Redesign $210.37 $183.77 $154.23 $123.14 $99.02 $101.72

Task 1 Project Management 2 4 $913Coordination with MM Engineers and

and Subconsultants

Task 2 Design new grades and drainage 2 4 8 8 16 16 $6,587Redesign Drainage and concrete

grades in bathtub areas

Task 3 Coordinate Construction Plans with Sub-Consultants 3 2 $567Update plans to properly reference new

details and other discipliens details

Total Hours 4 4 8 15 18 16 $8,067

Subtotal Cost 841$ 735$ 1,234$ 1,847$ 1,782$ 1,628$ 8,067$

Bathtub - Redesign 8,067$

GILBERT - ELLIOT DISTRICT PARK IMPROVEMENTS PROJECT - PR125

Morrison-Maierle Fee Proposal (Change Order No. 2)

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SR PM III Sr Engr Drafting Totals

Bathtub - Redesign $195.00 $155.00 $65.00

Task 1 Structural Design Changes/Evaluation 1 2 $505

Task 2 Construction Plan Updates 3 $195

Total Hours 1 2 3 $700

Subtotal Cost 195$ 310$ 195$ 700$

Bathtub - Redesign 700$


Trail Consulting Group Fee Proposal (Change Order No. 2)

1

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Principal

Engineer /

Geologist /

Environmental

Scientist

Senior Engineer /

Geologist /

Environmental

Scientist

Senior Project

Engineer /

Geologist /

Environmental

Scientist

Senior Staff

Engineer /

Geologist /

Environmental

Scientist

Staff Engineer /

Geologist /

Environmental

Scientist

Senior Field /

Laboratory

Technician

Field / Laboratory

Technician

Technical

Illustrator / CAD

Operator

Data Processing,

Technical

Editing, or

Reproduction Totals

Stadium Bathtub Geotechnical Recommendations $164.59 $119.63 $117.34 $81.45 $55.64 $54.15 $41.08 $86.96 $44.99Stadium Bathtub Geotechical Recommendation Addendum 2 8 3 $1,512

Subtotal Hours Phase 1 2 0 8 3 0 0 0 0 0 $1,512

Subtotal Cost Phase 1 329$ -$ 939$ 244$ -$ -$ -$ -$ -$ 1,512$

Allowanace for Unforeseen Conditions

Principal

Engineer /

Geologist /

Environmental

Scientist

Senior Engineer /

Geologist /

Environmental

Scientist

Senior Project

Engineer /

Geologist /

Environmental

Scientist

Senior Staff

Engineer /

Geologist /

Environmental

Scientist

Staff Engineer /

Geologist /

Environmental

Scientist

Senior Field /

Laboratory

Technician

Field / Laboratory

Technician

Technical

Illustrator / CAD

Operator

Data Processing,

Technical

Editing, or

Reproduction Totals

Allowanace for Unforeseen Conditions $0

Total Labor Hours 2 0 8 3 0 0 0 0 0 1512

Total Labor Cost 329$ -$ 939$ 244$ -$ -$ -$ -$ -$ -$

Expenses Totals

Vehicle Mileage $0

Printing/Copying $0

Photo Development $0

Travel Expense (Scott Bell Flights) $0

Presentation Boards / Flyers $0

Subtotal Cost -$ -$

Stadium Bathtub Geotechnical Recommendations 1,512$

Allowance -$

LABOR TOTAL 1,512$

Expenses -$

Ninyo & Moore GRAND TOTAL 1,512$


Ninyo & Moore Fee Proposal (Stadium Bathtub Geotechnical Recommendations)

1

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Project Architect Tech 1 Totals

Bathtub - Redesign $200.00 $100.00

Task 1 Architectural Services to Revise Architectural Sheets 2.5 6 $1,100

Total Hours 2.5 6 $1,100

Subtotal Cost 500$ 600$ 1,100$

Bathtub - Redesign 1,100$


Diehl Group Architects Fee Proposal (Change Order No. 2)

1

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FROM: Kyle Mieras, AICP, Development Services Director, 503-6705


SUBJECT: Approval of Application Fees and Annual Rates for Wireless Facilities in Town Right-of-Way


RECOMMENDED MOTION

Move to approve the Resolution adopting the Application Fees and Annual Rates for Wireless Facilities in Town Right-of-Way.


House Bill 2365 (HB 2365) allows wireless providers to install, operate, and maintain small wireless facilities in the Town’s right-of-way. The legislation allows the Town to charge certain application fees and annual rates for the use of right-of-way, for the construction, installation, maintenance, modification, operation or replacement of a support structure in the right-of-way or for the collocation of a small wireless facility on a Town-owned pole.

The proposed fees are intended to recoup the projected costs associated with the processing and permitting of wireless facility applications, inspections, and annual fees for use of Town rights-of-way and for collocation of equipment on a Town-owned pole. While the total costs associated with the processing and permitting are greater than the proposed fees and rates, new legislation (HB 2365) sets a maximum for the amount an authority may charge to install wireless facilities in rights-of-way.

Based on the new legislation, there are three (3) different categories of facilities that the Town may charge for as defined by HB2365: New/replacement poles that are not subject to zoning review; New/replacement poles that are subject to zoning review; and collocation on existing

REVISED 99999

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support structures with no changes proposed to the pole – applications for the last type of facilities are allowed to be “batched” applications.

Facility Type Application Fees Annual Rates

New/Replacement poles NOT subject to Zoning review $750 $50 use of right-of-way

$50 use of Town-owned pole

New/Replacement poles subject to Zoning review $1,000 $200 use of right-of-way

Collocation on existing support structure

$100 per facility (Up to 5)$50 per additional facility (above 5, up to 25)

$50 use of right-of-way$50 use of Town-owned pole

Application FeesThe process for approving all small wireless facilities in Gilbert will include a pre-application meeting with representatives from several departments. The current pre-application fee is $200. A formal submittal will then occur after the pre-application meeting. This submittal will be routed to representatives of several departments for the review and approval of the application and construction drawings in order to issue a construction permit.

New/replacement poles that are not subject to zoning reviewThis process combines both the Town’s Administrative Design Review Process and Building/Engineering Permit process. The Administrative Design Review Process fee is currently $615.00 and the Building/Engineering Permit Review Fee is based on the valuation of the project and for this type of project would be approximately $800.00.

The total cost of reviewing and permitting a small wireless facility is estimated to be $1,615.00 ($200+$615+$800); however, the legislation caps the allowable application fee at $750.00.

New/replacement poles subject to zoning reviewIf zoning review is required, either an Administrative Use Permit or a Use Permit would be the required process. The current costs for these applications are $615.00 and $1,590.00 respectively. Additionally, the Building/Engineering Permit Review Fee is based on the valuation of the project and for this type of project would be approximately $800.00.

The total cost of review and permitting a wireless facility that needs zoning review is either $1,615.00 ($200+$615+$800) with an Administrative Use Permit or $2,590.00 ($200+$1,590+$800) with a Use Permit, and the legislation caps the allowable fee at $1,000.00.

Collocation on existing support structuresIf there are no proposed changes to the existing support structure, the applications may be “batched” together.

The process for reviewing these facilities would be the same as the first category for new/replacement poles and is estimated to be $1,615. The legislation sets the application fees for up to five (5) facilities at $100 per facility and an additional $50 per facility above five (5).

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Annual RatesThe legislation (HB2365) grants authorities the right to collect annual rates for the use of right-of-way for the purposes of installing wireless facilities.

For the category of new/replacement poles that are not subject to zoning review, the annual rate for use of the right-of way is $50.00 and the annual rate for attaching to a Town-owned utility pole is $50.00 – both set by the state legislation (HB2365).

For new/replacement poles that are subject to zoning review, the annual rate is $200 and is based on the calculation of direct and actual costs of managing the right-of-way, as allowed by the state legislation (HB2365). It is important to note that, because the third-party use of Town poles for small wireless facilities is not common to the Town, the Town does not have specific data about the direct and actual costs of managing the right-of-way related to such use. Therefore, we anticipate the proposed rate will change once the Town has had an opportunity to gather data regarding the actual costs of managing the right of way associated with such uses. At this time, the proposed rate is based on only two of many factors that are typically used to calculate the cost of managing the right-of-way, namely the cost of processing applications and the cost associated with conducting regular inspections of existing Town poles. Other factors that will be taken into consideration when reevaluating the rate in the future include but are not limited to acquisition fees for obtaining ROW, costs of safety precautions for ROW work, costs of locates and conflict resolution, costs of repairing and maintaining the ROW, construction costs for ROW improvements, and costs to community from delays and air pollution.

For collocation on support structures that don’t require any modification, the annual rates are allowed to be charged and cannot exceed an amount equal to $50 multiplied by the number of small wireless facilities within the jurisdiction located in the right-of-way and $50 multiplied by the number of small wireless facilities collocated on Town-owned poles.

Pursuant to A.R.S. § 9-499.15, the notice of proposed new or increased tax or fee was posted on the Town’s web page on August 30, 2017.

The resolution was reviewed for form by Attorney Nancy L. Davidson.

FINANCIAL IMPACT

The application fees and annual rates being proposed will not fully cover the staff time associated with the approval and installation of wireless facilities in the right-of-way. The approved legislation caps the fees and rates allowed to be charged. Not knowing the number of applications that will be received, it is not possible to determine the amount that will be collected at this time.


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Staff recommends approval of the Resolution approving Application Fees and Annual Rates for Wireless Facilities in Town Right-of-Way.


Kyle Mieras, AICPDevelopment Services Director

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FROM: Kyle Mieras, AICP, Development Services Director, 503-6705


SUBJECT: Approval of Application Fees and Annual Rates for Wireless Facilities in Town Right-of-Way


RECOMMENDED MOTION

Move to approve the Resolution adopting the Application Fees and Annual Rates for Wireless Facilities in Town Right-of-Way.


House Bill 2365 (HB 2365) allows wireless providers to install, operate, and maintain small wireless facilities in the Town’s right-of-way. The legislation allows the Town to charge certain application fees and annual rates for the use of right-of-way, for the construction, installation, maintenance, modification, operation or replacement of a support structure in the right-of-way or for the collocation of a small wireless facility on a Town-owned pole.

The proposed fees are intended to recoup the projected costs associated with the processing and permitting of wireless facility applications, inspections, and annual fees for use of Town rights-of-way and for collocation of equipment on a Town-owned pole. While the total costs associated with the processing and permitting are greater than the proposed fees and rates, new legislation (HB 2365) sets a maximum for the amount an authority may charge to install wireless facilities in rights-of-way.

Based on the new legislation, there are three (3) different categories of facilities that the Town may charge for as defined by HB2365: New/replacement poles that are not subject to zoning review; New/replacement poles that are subject to zoning review; and collocation on existing

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support structures with no changes proposed to the pole – applications for the last type of facilities are allowed to be “batched” applications.








Application FeesThe process for approving all small wireless facilities in Gilbert will include a pre-application meeting with representatives from several departments. The current pre-application fee is $200. A formal submittal will then occur after the pre-application meeting. This submittal will be routed to representatives of several departments for the review and approval of the application and construction drawings in order to issue a construction permit.


The total cost of reviewing and permitting a small wireless facility is estimated to be $1,615.00 ($200+$615+$800); however, the legislation caps the allowable application fee at $750.00.


The total cost of review and permitting a wireless facility that needs zoning review is either $1,615.00 ($200+$615+$800) with an Administrative Use Permit or $2,590.00 ($200+$1,590+$800) with a Use Permit, and the legislation caps the allowable fee at $1,000.00.



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For new/replacement poles that are subject to zoning review, the annual rate is $200 and is based on the calculation of direct and actual costs of managing the right-of-way, as allowed by the state legislation (HB2365). Since this type of arrangement with wireless providers is new to the Town and no monopole has ever been placed in a Town right-of-way, we anticipate this rate will change once the Town has had an opportunity to gather data regarding the actual costs of managing the right of way associated with these types of third-party uses. At this time, the proposed rate is based on only two of many factors that are typically used to calculate the cost of managing the right-of-way, namely the cost of processing applications and the cost associated with conducting regular inspections of existing Town poles. Other factors that will be taken into consideration when reevaluating the rate in the future include but are not limited to acquisition fees for obtaining ROW, costs of safety precautions for ROW work, costs of locates and conflict resolution, costs of repairing and maintaining the ROW, construction costs for ROW improvements, and costs to community from delays and air pollution.


Pursuant to A.R.S. § 9-499.15, the notice of proposed new or increased tax or fee was posted on the Town’s web page on August 30, 2017.

The resolution was reviewed for form by Attorney Nancy L. Davidson.

FINANCIAL IMPACT

The application fees and annual rates being proposed will not fully cover the staff time associated with the approval and installation of wireless facilities in the right-of-way. The approved legislation caps the fees and rates allowed to be charged. Not knowing the number of applications that will be received, it is not possible to determine the amount that will be collected at this time.



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Staff recommends approval of the Resolution approving Application Fees and Annual Rates for Wireless Facilities in Town Right-of-Way.


Kyle Mieras, AICPDevelopment Services Director

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Kyle Mieras 10/18/2017 4:46:40 PMNancy Davidson 10/25/2017 9:33:51 AMJustine Bruno 10/23/2017 10:40:57 AM

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TOWN OF GILBERTNOTICE OF PROPOSED

NEW OR INCREASED TAX OR FEE

Pursuant to A.R.S. § 9-499.15, the Town of Gilbert, Arizona (“Gilbert”) hereby gives notice that it may adopt an ordinance/resolution to impose a new or increased tax or fee on businesses.

Application Fees and Annual Rates for Wireless Facilities in Town Right-of-way








The proposed application fees and annual rates for wireless facilities in the Town’s right-of-way are intended to recoup costs associated with the processing and permitting of wireless facility applications, inspections and annual fees for use of Town rights-of-way and for collocation of equipment on a Town-owned utility pole. While the total costs associated with the processing and permitting are greater than the proposed fees and rates, new legislation (House Bill 2365) sets a maximum for the amount an authority may charge to install wireless facilities in rights-of-way.

REPORT SUPPORTING NEW RATES/FEES

House Bill 2365 (HB2365) allows wireless providers to install, operate and maintain small wireless facilities in the Town’s right-of-way. The legislation allows the Town to charge certain application fees and annual rates for the use of right-of-way, for the construction, installation, maintenance, modification, operation or replacement of a support structure in the right-of-way or for the collocation of a small wireless facility on a Town owned utility pole.

Based on the new legislation, there are three (3) different categories of facilities that the Town may charge for as defined by HB2365: New/replacement poles that are not subject to zoning review; New/replacement poles that are subject to zoning review; and collocation on existing support structures with no changes proposed to the pole – applications for the last type of facilities are allowed to be “batched” applications.

Application FeesThe process for approving all small wireless facilities in Gilbert will include a pre-application meeting with representatives from several departments. The current pre-application fee is $200. A formal submittal will then occur after the pre-application meeting. This submittal will be

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routed to representatives of several departments for the review and approval of the application and construction drawings in order to issue a construction permit.


The total cost of reviewing and permitting a small wireless facility is estimated to be $1,615.00; however, the legislation caps the allowable application fee at $750.00.


The total cost of review and permitting a wireless facility that needs zoning review is either $1,615.00 with an Administrative Use Permit or $2,590.00 with a Use Permit, and the legislation caps the allowable fee at $1,000.00.





For new/replacement poles that are subject to zoning review, the annual rate is $200 and is based on the calculation of direct and actual costs of managing the right-of-way, as allowed by the state legislation (HB2365).


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The Gilbert Town Council will consider this matter at its regular Town Council meeting to be held at the Gilbert Town Council Chambers, located at 50 East Civic Center Drive, Gilbert, Arizona 85296, on November 2, 2017, at 6:30 p.m. Following such consideration, the Town Council may approve, disapprove or modify said ordinance/resolution.

Information about the proposed fee is available at the Town Clerk’s office during normal office hours, Monday through Thursday, 7:00 AM-6:00 PM, and on Gilbert’s website at https://www.gilbertaz.gov/departments/clerk-s-office/proposed-new-and-increased-taxes-or-fees.

DATE POSTED ON GILBERT WEBSITE: August 30th, 2017

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https://www.gilbertaz.gov/departments/clerk-s-office/proposed-new-and-increased-taxes-or-fees

https://www.gilbertaz.gov/departments/clerk-s-office/proposed-new-and-increased-taxes-or-fees

RESOLUTION NO. ________

A RESOLUTION OF THE COMMON COUNCIL OF THE TOWN OF GILBERT, ARIZONA, ESTABLISHING APPLICATION FEES AND ANNUAL RATES FOR WIRELESS FACILITIES IN TOWN RIGHT-OF-WAY; PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS; AND PROVIDING FOR SEVERABILITY

WHEREAS, the Town of Gilbert desires to establish application fees and annual rates for wireless facilities in Town right-of-way to recoup costs associated with processing applications and managing the rights-of-way of the Town;

WHEREAS, House Bill 2365 allows the Town to charge certain application fees and annual rates for the use of right-of-way, for the construction, installation, maintenance, modification, operation or replacement of a support structure in the right-of-way, and for the collocation of a small wireless facility on a Town-owned pole; and

WHEREAS, the Town has complied with the notice requirements under state law relating to the adoption of fees.

NOW THEREFORE, BE IT RESOLVED by the Common Council of the Town of Gilbert, Arizona, that application fees and annual rates for wireless facilities in Town right-of-way shall be applied as follows:


New/Replacement poles NOT subject to Zoning review

$750 $50 use of right-of-way$50 use of Town-owned pole

New/Replacement poles subject to zoning review $1,000

$200 use of right-of-way (solely based on the actual cost of processing applications and the cost associated with conducting regular inspections of existing poles)




BE IT FURTHER RESOLVED that all parts of any resolution in conflict with the provisions of this Resolution are hereby repealed.

BE IT FURTHER RESOLVED that if any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unconstitutional by the

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Resolution No. ______Page ___ of 3

decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof.

PASSED AND ADOPTED by the Common Council of the Town of Gilbert, Arizona, this second day of November, 2017.

___________________________________Jenn Daniels, Mayor

ATTEST:

___________________________________Lisa Maxwell, Town Clerk


__________________________________________Chris Payne, Town Attorney

I hereby certify the above foregoing Resolution No. _____ was duly passed by the Council of the Town of Gilbert, Arizona, at a regular meeting held on __ day of _______, 2017, and that quorum was present thereat and that the vote thereon was ____ ayes and ____ nays and ____ abstentions. ____ Council members were absent or excused.

_______________________________Lisa Maxwell, Town Clerk, Town of Gilbert

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Resolution No. ______Page ___ of 3

I, LISA MAXWELL, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF RESOLUTION NO. _______, ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF GILBERT ON THE ___ DAY OF _________, 2017, WAS POSTED IN FOUR PLACES ON THE ___ DAY OF __________, 2017.

______________________________Lisa Maxwell, Town Clerk

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FROM: Leslie Giltner, Customer Service Manager, 503-6801


SUBJECT: Special Event Liquor License for Gilbert Chamber of Commerce on November 30, 2017 from 6:00pm to 9:00pm

STRATEGIC INITIATIVE: N/A

RECOMMENDED MOTION

A motion to approve a Special Event Liquor License for Gilbert Chamber of Commerce on November 30, 2017 from 6:00pm to 9:00pm.


A Special Event Liquor License is required to authorize the sale of alcohol to the public at special events. The organization applying for the license must receive a minimum of 25% of the proceeds from the gross revenues of alcoholic beverage sales.

The Town has received an application for the following Special Event Liquor License:

Event Gilbert Community Excellence Awards

Event Location The Falls Event CenterNon-Profit Applicant Gilbert Chamber of CommerceDate(s)/Time(s) of Event November 30, 2017

from 6:00pm to 9:00pmPercent of Proceeds to Non-Profit Applicant 100%

Estimated Attendance 200

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FINANCIAL IMPACT

The special event liquor license fee is $50.


Staff feels such requests are solely Council’s prerogative and offers no recommendation on this request.


Leslie GiltnerCustomer Service Manager

Attachments/Enclosures: Attachment 1 – Arizona Revised Statutes and Arizona Administrative RulesAttachment 2 – Liquor License Application

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SUBJECT: Special Event Liquor License for East Valley Firefighter Charities at the Gilbert Fine Art and Wine Festival on December 1-3, 2017


RECOMMENDED MOTION

A motion to approve a Special Event Liquor License for East Valley Firefighter Charities at the Gilbert Fine Art and Wine Festival on December 1-3, 2017.


A Special Event Liquor License is required to authorize the sale of alcohol to the public at special events. The organization applying for the license must receive a minimum of 25% of the proceeds from the gross revenues of alcoholic beverage sales.

The Town has received an application for the following Special Event Liquor License:

Event Gilbert Fine Art and Wine Festival

Event Location Gilbert Civic Center50 East Civic Center Drive

Non-Profit Applicant East Valley Firefighter Charities

Date(s)/Time(s) of Event December 1-3, 201710am – 5pm daily

Percent of Proceeds to Non-Profit Applicant East Valley Firefighter Charities = 25%

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The Special Event liquor license has been reviewed by Town staff, including Code Compliance and the Police Department and no adverse information has been received. The Police Department reviewed the security plan and the proposed security measures are adequate for this type of event.

The applicant is required to comply with the Arizona Revised Statutes and Arizona Administrative Rules (Attachment 1).

Special Event liquor license applications may be approved or denied by Council. The recommendation of the Council will be forwarded to the Arizona Department of Liquor License & Control. The Arizona Department of Liquor License & Control honors the Council's recommendation.

FINANCIAL IMPACT

The special event liquor license fee is $50.






Estimated Attendance 1,000

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Arizona Revised Statues and Administrative Rules

The relevant liquor laws for a Special Event or Craft Distillery/Wine Festival Liquor License are cited below: 4-203.02. Special event license; rules4-203.03. Wine festival license; wine fair license; fee4-205.11. Craft distillery festival license; craft distillery fair license; craft distillery fee4-261. Warning signs; consumption of spirituous liquor during pregnancy; composition of signs; rules; inspection of premises; penalty4-244. Unlawful actsR19-1-318. Responsibilities of a Special Event Licensee

Some of the key provisions include:

o Authorizes issuance of Special Event or Craft Distillery Festival Liquor Licenses subject to approval of the governing body of a city or town for events to be held in a city or town and establish qualifying organizations.

o Sets forth requirements for the purchase/sale of liquor to be served at the event.o Prohibits the sale, disposal, delivery or consumption of spirituous liquor to a person

between the hours of 2:00 a.m. and 6:00 a.m. o Prohibits a licensee or other person to sell, furnish, dispose of or give, or cause to be sold,

furnished, disposed of or given, to a person under the legal drinking age or for a person under the legal drinking age to buy, receive, have in the person's possession or consume spirituous liquor; established when an underage person can be on premises. Prohibits a person under the age of twenty-one years to have in the person's body any spirituous liquor.

o Prohibits a person who is obviously intoxicated to buy or attempt to buy spirituous liquor from a licensee or employee of a licensee or to consume spirituous liquor on licensed premises.

o Requires warning signs related to consumption of spirituous liquor during pregnancy and requires posting of signage.

o Prohibits licensee and unpaid volunteers from consuming liquor when waiting on or serving customers.

o Prohibits serving, selling, or furnished spirituous liquor to a disorderly or obviously intoxicated person, or for a licensee or employee of the licensee to allow or permit a disorderly or obviously intoxicated person to come into or remain on or about the premises, except that a licensee or an employee of the licensee may allow an obviously intoxicated person to remain on the premises for a period of time of not to exceed thirty minutes to allow for transportation.

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SUBJECT: Permanent Extension of Premises Liquor License for The Farmhouse Restaurant located at 228 North Gilbert Road


RECOMMENDED MOTION

A motion to issue an order to recommend approval of a Permanent Extension of Premises Liquor License for The Farmhouse Restaurant located at 228 North Gilbert Road.


Millicent J. Hilligardt is requesting a Permanent Extension of Premises The Farmhouse Restaurant located at 228 North Gilbert Road. The extension of premises is required due to an addition to the existing building. There is a valid building permit for the addition.

The Permanent Extension of Premises has been reviewed by Town staff and no adverse information has been received.

FINANCIAL IMPACT

The permanent extension of premises license fee is $50.



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Attachments and Enclosures: Attachment 1 – Application for Extension of Premises/Patio Permit

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1

MINUTES OF THE GILBERT TOWN COUNCIL IN SPECIAL MEETING OF MONDAY OCTOBER 16, 2017 AT 5:30 AM, MUNICIPAL CENTER, ROOM 300, 50 E CIVIC CENTER DRIVE, GILBERT, ARIZONA

COUNCIL PRESENT: Mayor Jenn Daniels, Councilmembers Scott Anderson, Eddie Cook, Brigette Peterson, Jordan Ray and Jared Taylor

COUNCIL ABSENT: Vice Mayor Victor Petersen

STAFF PRESENT: Manager Patrick Banger and Clerk Lisa Maxwell

HIGLEY UNIFIED SCHOOL DISTRICT MEMBERS PRESENT:

President Kristina Reese; Members Scott Glover and Amy Kaylor; and Superintendent Mike Thomason

AGENDA ITEM

CALL TO ORDER OF JOINT MEETING WITH HIGLEY UNIFIED SCHOOL DISTRICT

Mayor Jenn Daniels called the meeting to order at 5:35 p.m.

ADMINISTRATIVE ITEMS

1 Introductions and an overview of the purpose of the meeting.

Mayor Jenn Daniels welcomed everyone in attendance and thanked them for coming. Everyone introduced themselves.

2 Presentation and discussion on Gilbert growth and development with an update on current and upcoming activity within the Town, including the areas of economic development, transportation and public safety.

Town Manager Patrick Banger discussed relevant statistics for the Town of Gilbert including those portions of the Town within the Higley Unified School District (HUSD). He looked at how Gilbert is growing and how the Town is projected to grow in the future and spoke about collaborative efforts between the Town and HUSD.

Town Manager Patrick Banger discussed major projects and opportunities in the Town including Heritage District developments, the Gilbert Memorial Park, the Town’s 311 app, the Town’s new sign code, a proposed Public Safety Training Facility, Phase 1 of Rittenhouse Park, the Town’s long range infrastructure plan,

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the Greenfield Wastewater Treatment Plant expansion, the What Works Cities Open Data Portal, the Lindsay Road/Route 202 Interchange, and the Gilbert Regional Park.

3 Update from the Higley Unified School District activities, including current and upcoming projects and goals for the Board.

Superintendent Mike Thomason reported all schools in HUSD are rated as excellent or highly performing according to State Department of Education standards. The two high schools in HUSD have a 95 percent graduation rate. The graduating class of 2017 received scholarships totaling $33,000,000. Bridges Elementary School which opened two years ago has a gifted program and there is a waiting list to get into the school. HUSD has adopted a boutique model with each school offering a unique curriculum. Parents have the opportunity to find the school that best meets their particular needs.

Superintendent Mike Thomason said HUSD has a schedule to update all core classes on a five year rotating cycle. HUSD also has a rotating schedule for updating infrastructure and buses.

A recent resignation left a vacant seat on the HUSD Board. Seven candidates were interviewed last week and recommendations will be sent to the Maricopa County Superintendent of Education. The Superintendent will then select a person to fill that vacant seat.

More than 90 percent of the HUSD teachers returned this fall. That is one of the highest percentages of returning teachers in Arizona. HUSD gives bonuses and stipends to their teachers whenever they have any money available. A middle school teacher in the HUSD was recognized as the Arizona Diamondbacks Teacher of the Year. This teacher used the $5000 prize money to buy supplies for her school.

Councilmember Scott Anderson asked about the Higley Performing Center for the Arts. Superintendent Mike Thomason responded HUSD made changes to their contract and they are now making money. The problem is attracting larger acts because HUSD cannot compete with casinos. The Center is doing well attracting smaller acts.

Mayor Jenn Daniels said the Town has a contract with HUSD to use their pools. She asked if there is the possibility of the pools being available to Town groups more often. Groups ask the Town for pool time and this may be an opportunity for HUSD to rent the pools. Superintendent Mike Thomason said the problem is finding a time when the school is not using the pool. He will look into this opportunity futher.

Superintendent Mike Thomason said the school has lighted fields and basketball

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facilities which are rented all the time. HUSD has to regularly turn people away. Superintendent Mike Thomason said they are very excited about the Gilbert Regional Park which is within the HUSD boundaries.

Councilmember Jared Taylor asked if HUSD applied the State approved bi-literacy seal to the diplomas if the graduates in their Mandarin and Spanish immersion programs. Superintendent Mike Thomason replied the Mandarin program was accepted. There are more requirements for the Spanish program and HUSD is working to meet those requirements.

President Kristina Reese said there is a new Advanced Placement (AP) program at both high schools. Fifty-one freshmen were identified in middle school to participate in this program. They are taking AP and honors classes and at graduation they will receive a diploma with an AP designation. This is the second school district in Arizona to offer this program.

Councilmember Brigette Peterson said she appreciates how well HUSD is doing. Mayor Jenn Daniels said she appreciates how HUSD is focusing on critical issues affecting the students.

4 Discussion on how the Town can help the Higley Unified School District be successful including infrastructure and public safety needs.

Mayor Jenn Daniels said she appreciates Superintendent Mike Thomason attending the Advancing Education in Gilbert (ADED) meetings which serve as a forum for community wide dialogue in regards to K-12 education in Gilbert.

President Kristina Reese reported there are traffic problems during drop-off and pick-up times, specifically at Coronado and San Tan schools. She said an officer issuing tickets for crossing the yellow line in a school zone would deter people from doing this. She sent pictures through the 311 app to the Town of this happening. Commander Randy Brice said the Police Department gets approximately 40 requests a week to patrol school zones. He will see this request moves to the top of list. Mayor Jenn Daniels said Kristen Myers in Transportation Planning can also look at this problem to see if there is some solution.

5 Closing Remarks.

Mayor Jenn Daniels said she appreciates the dialogue and the opportunity for the Council and the School Board to connect.

ADJOURN

Mayor Jenn Daniels adjourned the meeting at 6:34 p.m.

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ATTEST:

___________________________ ___________________________________Jenn Daniels, Mayor Lisa Maxwell, CMC, Town Clerk

CERTIFICATION

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the Town Council of the Town of Gilbert held on the 16th day of October, 2017. I further certify that the meeting was duly called and held and that a quorum was present.

Dated this ____ day of ____________________.

___________________________________Lisa Maxwell, CMC, Town Clerk

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Lisa Maxwell 10/23/2017 9:34:16 AM

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SUBJECT: Series 3 In-State Microbrewery Liquor License for OHSO Brewery located at 335 North Gilbert Road


RECOMMENDED MOTION

A motion to issue an order to recommend approval of a Series 3 In-State Microbrewery Liquor License for OHSO Brewery located at 335 North Gilbert Road.


Jonathan Sheehy Lane is requesting approval of a Series 3 In-State Microbrewery Liquor License for OHSO Brewery located at 335 North Gilbert Road. This is a new license.

This non-transferable liquor license allows for on & off-sale retail privileges for a licensed microbrewery which produces more than five thousand (5,000) gallons, and less than one million two hundred forty thousand (1,240,000) gallons, of beer during the 12-month reporting period. With this license, the Microbrewery may sell beer produced or manufactured on the premises for consumption on or off the premises (no other spirituous liquors), may make sales and deliveries of beer to persons licensed to sell beer, may serve beer produced or manufactured on the premises for the purpose of sampling.

Public notice was posted for the required 20-day period in accordance with the Arizona Department of Liquor License and Control posting requirement. No adverse information to justify a denial of this application was received from Planning and Zoning, Building and Code Compliance or the Police Department. There were no liquor related conditions in the zoning ordinance for this site.

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Council’s recommendation will be forwarded to the Arizona Department of Liquor License & Control. If Council recommends denial of an application, the minutes must reflect specific reasons, testimony, and other evidence that supports the motion to deny the license applications as required by A.R.S. 4-201.E further defined by Rule R19-1-102 (Attachment 1).

FINANCIAL IMPACT

The license fee is $750 per year.





Attachments/Enclosures: Attachment 1 – Arizona Department of Liquor Licenses & Control, Rule R19-1-102Attachment 2 – Liquor License Application



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Attachment 1

R19-1-102. Granting a License for a Certain Location Local governing authorities and the Department may consider the following criteria in determining whether public convenience requires, and that the best interest of the community will be substantially served by the issuance or transfer of a liquor license at a particular unlicensed location: 1. Petitions and testimony from persons in favor or opposed to the issuance of a license who

reside in, own or lease property in close proximity.

2. The number and series of licenses in close proximity.

3. Evidence that all necessary licenses and permits have been obtained from the state and all governing bodies.

4. The residential and commercial population of the community and its likelihood of increasing, decreasing or remaining static.

5. Residential and commercial population density in close proximity.

6. Evidence concerning the nature of the proposed business, its potential market and its likely customers.

7. Effect on vehicular traffic in close proximity.

8. The compatibility of the proposed business with other activity in close proximity.

9. The effect or impact of the proposed premises on businesses or the residential neighborhood whose activities might be affected by granting the license.

10. The history for the past five years of liquor violations and reported criminal activity at the proposed premises provided that the applicant has received a detailed report(s) of such activity at least 20 days before the hearing by the board.

11. Comparison of hours of operation of the proposed premises to the existing businesses in close proximity.

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FROM: Leslie Giltner, Customer Service Manager, 480-503-6801


SUBJECT: Series 10 Beer and Wine Store Liquor License for Fast market 8130 located at 8424 South Power Road


RECOMMENDED MOTION

A motion to issue an order to recommend approval of a Series 10 Beer and Wine Store Liquor License for Fast market 8130 located at 8424 South Power Road.


George Engle is requesting approval of a Series 10 Beer and Wine Store Liquor License for Fast market 8130 located at 8424 South Power Road. This is a new license. An amendment was filed to Page 2, Section 10, of the application. This non-transferable, off-sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form.

Public notice was posted for the required 20-day period in accordance with the Arizona Department of Liquor License and Control posting requirement. No adverse information to justify a denial of this application was received from Planning and Zoning, Building and Code

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Compliance or the Police Department. There were no liquor related conditions in the zoning ordinance for this site.


FINANCIAL IMPACT







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Attachment 1













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SUBJECT: Series 12 Restaurant Liquor License for OHSO Brewery located at 335 North Gilbert Road


RECOMMENDED MOTION

A motion to issue an order to recommend approval of a Series 12 Restaurant Liquor License with Growler privileges for OHSO Brewery located at 335 North Gilbert Road.


Jonathan Sheehy Lane is requesting approval of a Series 12 Restaurant Liquor License with Growler privileges for OHSO Brewery located at 335 North Gilbert Road. This is a new license.

This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license.

If an audit or review of receipts shows that the business is not meeting the requirement that at least forty percent (40%) of its gross revenue be from the sale of food the applicant may be required to request approval for continuation of the license pursuant to A.R.S. §4-213(E).

Series 12 licenses are exempt from the 300 foot distance requirement from a church, a school building with any grades K-12 or a fenced recreational area adjacent to a school building.

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Public notice was posted for the required 20-day period in accordance with the Arizona Department of Liquor License and Control posting requirement. No adverse information to justify a denial of this application was received from Planning and Zoning, Building and Code Compliance or the Police Department. There were no liquor related conditions in the zoning ordinance for this site.


FINANCIAL IMPACT







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Attachment 1













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SUBJECT: Series 16D Craft Distillery Festival/Fair Liquor License for OHSO Brewery for the Gilbert Farmer’s Market at 222 North Ash Street


RECOMMENDED MOTION

A motion to approve a Series 16D Craft Distillery Festival/Fair Liquor License for OHSO Brewery for the Gilbert Farmer’s Market at 222 North Ash Street.


A Fair/Festival (series 16) license allows a licensed farm winery or craft distillery to serve products they produce at a festival, sanctioned county or state fair or within the premises of a licensed special event. Liquor produced under the provisions of the farm winery or craft distillery license may be served for consumption on the fair/festival premises or "to-go" in the original, sealed container. The application will require state approval.

Wine Festivals require the approval of the local governing body where the fair/festival will take place.

Craft Distiller Festivals/Fairs does not require approval by the local governing body if within a premises that is already licensed pursuant to Title IV.

OHSO Brewery provides samples at the Farmer’s Market, but liquor sold is to-go only. Thirteen (13) applications have been submitted for the following dates.

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Date Time LocationSaturday, January 06, 2018 7am - 1pm Gilbert Farmer's MarketSaturday, January 20, 2018 7am - 1pm Gilbert Farmer's MarketSaturday, February 03, 2018 7am - 1pm Gilbert Farmer's MarketSaturday, February 17, 2018 7am - 1pm Gilbert Farmer's MarketSaturday, March 03, 2018 7am - 1pm Gilbert Farmer's MarketSaturday, March 17, 2018 7am - 1pm Gilbert Farmer's MarketSaturday, March 31, 2018 7am - 1pm Gilbert Farmer's MarketFriday, April 14, 2017 7am - 1pm Gilbert Farmer's MarketFriday, April 28, 2017 7am - 1pm Gilbert Farmer's MarketSaturday, May 12, 2018 7am - 1pm Gilbert Farmer's MarketSaturday, May 26, 2018 7am - 1pm Gilbert Farmer's MarketSaturday, June 09, 2018 7am - 1pm Gilbert Farmer's MarketSaturday, June 23, 2018 7am - 1pm Gilbert Farmer's Market

Each application may be recommended for approval or disapproval individually.

FINANCIAL IMPACT

The Series 16D Craft Distillery Festival/Fair Liquor License fee is $50 per application.






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Arizona Revised Statues and Administrative Rules

The relevant liquor laws for a Special Event or Craft Distillery/Wine Festival Liquor License are cited below: 4-203.02. Special event license; rules4-203.03. Wine festival license; wine fair license; fee4-205.11. Craft distillery festival license; craft distillery fair license; craft distillery fee4-261. Warning signs; consumption of spirituous liquor during pregnancy; composition of signs; rules; inspection of premises; penalty4-244. Unlawful actsR19-1-318. Responsibilities of a Special Event Licensee

Some of the key provisions include:

o Authorizes issuance of Special Event or Craft Distillery Festival Liquor Licenses subject to approval of the governing body of a city or town for events to be held in a city or town and establish qualifying organizations.

o Sets forth requirements for the purchase/sale of liquor to be served at the event.o Prohibits the sale, disposal, delivery or consumption of spirituous liquor to a person

between the hours of 2:00 a.m. and 6:00 a.m. o Prohibits a licensee or other person to sell, furnish, dispose of or give, or cause to be sold,

furnished, disposed of or given, to a person under the legal drinking age or for a person under the legal drinking age to buy, receive, have in the person's possession or consume spirituous liquor; established when an underage person can be on premises. Prohibits a person under the age of twenty-one years to have in the person's body any spirituous liquor.

o Prohibits a person who is obviously intoxicated to buy or attempt to buy spirituous liquor from a licensee or employee of a licensee or to consume spirituous liquor on licensed premises.

o Requires warning signs related to consumption of spirituous liquor during pregnancy and requires posting of signage.

o Prohibits licensee and unpaid volunteers from consuming liquor when waiting on or serving customers.

o Prohibits serving, selling, or furnished spirituous liquor to a disorderly or obviously intoxicated person, or for a licensee or employee of the licensee to allow or permit a disorderly or obviously intoxicated person to come into or remain on or about the premises, except that a licensee or an employee of the licensee may allow an obviously intoxicated person to remain on the premises for a period of time of not to exceed thirty minutes to allow for transportation.

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FROM: Håkon Johanson, Director of Finance & Management Services, 503.6902


SUBJECT: Reimbursement of Capital Expenditures for Fire Station #9 – CIP Project MF-023


RECOMMENDED MOTION

A motion to approve Resolution ____ authorizing the reimbursement of Capital Expenditures related to the CIP project MF-023, construction of Fire Station #9.


The issuance of this reimbursement resolution is part of the town’s efforts to actively manage cash flows and available funds. Fire Station #9 is needed for new growth, but there are currently no Fire SDFs available to use for the construction of this facility. Bonding for this project will allow the town to better match the cash flow of expenses over time with the future collection of Fire SDF funds, allowing growth to pay for growth. Projected costs of this project are around $7.5 million.

Resolution was reviewed for form by Attorney Timothy Stratton, Gust Rosenfeld.

FINANCIAL IMPACT

This Resolution gives Gilbert the legal right to reimburse itself for expenses incurred prior to issuing future bonds to fund Project MF-023. This resolution does not grant any additional spending authority, it provides a means to reimburse, from bond proceeds, allowable

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expenditures related to the construction of Fire Station #9. Staff intends to bring a Bond Authorizing Resolution to Council on November 16th for the Fire Station as well as a refunding opportunity.



Staff recommends approval of the Reimbursement Resolution.


Håkon JohansonDirector of Finance & Management Services

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Hakon Johanson 10/23/2017 11:16:54 AMChris Payne 10/23/2017 5:23:39 PMJustine Bruno 10/23/2017 1:06:21 PM

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EXHIBIT A

ORIGINAL EXPENDITURES INTENDED TO BE REIMBURSED Description of Original Expenditures

Amount of Expenditures Dates of Original Expenditures

Land Acquisition, Design and Construction of Fire Station 9, located on Ocotillo Road East of Higley Road.

$7,500,000 Up to 20% of total for preliminary expenditures made prior to September 3rd 2017 (60 days before date of Resolution to which this is attached)

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Municipal Facilities Improvements

Fire Station 9 Project #: MF023

Cost Center: 70130023

Project Description: Construction of a new fire station with traffic signal on a three acre site generally located on Ocotillo Road east of Higley Road that was acquired in FY 2006 as part of the Basha development. The project includes a new fire pumper and related staffing.

Project Information: • Station will be staffed with three fire captains, three engineers, and

seven firefighters

• Construction is estimated to be completed in the fall of 2018

Financial Information:

Expenses: (1,000s) TotalPrior

YearsFY 2018 FY 2019 FY 2020 FY 2021 FY 2022

Years 6-

10

Beyond

10 Yrs

Professional Services 774$ 14 760 - - - - - -

Construction Mgmt 995$ 7 988 - - - - - -

Land/ROW 525$ 525 - - - - - - -

Construction 6,496$ 195 6,301 - - - - - -

Equipment & Furniture 1,230$ - 1,230 - - - - - -

Total Expenses 10,020$ 741$ 9,279$ -$ -$ -$ -$ -$ -$

Sources: (1,000s)

Fire SDF 10,020$ 741 9,279 - - - - - -

Total Sources 10,020$ 741$ 9,279$ -$ -$ -$ -$ -$ -$

Operation and Maintenance Impact: (1,000s)

Personnel - 1,135 1,135 1,135 1,135

Contractual Services - 15 15 15 15

Supplies - 140 140 140 140

Utilities - 22 22 22 22

Insurance - 8 8 8 8

Total O&M Impact -$ 1,320$ 1,320$ 1,320$ 1,320$

Total Revenue -$ -$ -$ -$ -$

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RESOLUTION NO. _____ A RESOLUTION OF THE COMMON COUNCIL OF THE TOWN OF GILBERT, ARIZONA, DECLARING, FOR PURPOSES OF SECTION 1.150-2 OF THE FEDERAL TREASURY REGULATIONS, OFFICIAL INTENT TO BE REIMBURSED IN CONNECTION WITH CERTAIN CAPITAL EXPENDITURES RELATING TO THE CONSTRUCTION AND ASSOCIATED COSTS OF IMPROVING LAND AND PROPERTY AND RELATED OFF-SITE IMPROVEMENTS (Fire Station #9)

WHEREAS, the Town of Gilbert, Arizona, a municipal corporation of the State of Arizona

(hereinafter referred to as the “Town”), is authorized and empowered pursuant to law to issue or cause to be issued obligations to finance the costs of various capital facilities owned or to be owned by the Town; and

WHEREAS, it is contemplated that certain expenditures made by the Town with regard

to capital facilities owned or to be owned by the Town to expand facilities related to Fire Department efforts (CIP Project MF023, Fire Station #9) including but not limited to site preparation and work will be reimbursed from the proceeds of the sale of obligations to be issued in the future by or on behalf of the Town;

NOW, THEREFORE, BE IT RESOLVED by the Common Council of the Town of Gilbert, Arizona:

1. Definitions. The following terms shall have the meanings assigned hereto as follows: a. “Official intent” means a declaration of intent of the Town to reimburse an original

expenditure with proceeds of an obligation. b. “Original expenditure” means expenditure for a governmental purpose that is originally

paid from a source other than a reimbursement bond or obligation. c. “Reimbursement bond or obligation” means the portion of an issue of obligations

allocated to reimburse an original expenditure that was paid before the issue date of such issue.

2. Official Intent. This Resolution is official intent relating to reimbursement for the original expenditures indicated above hereto which are capital expenditures (being any cost of a type that is properly chargeable to a capital account or in direct support of the capital project) under general federal income tax principles. This Resolution shall include reimbursement up to 20% of total project cost for preliminary expenditures incurred prior to September 3rd, 2017 (60 days prior to date of resolution), and all other project related expenses incurred after September 3, 2017.

3. Project Descriptions. The projects for which such original expenditures are to be paid are for those described above and the maximum principal amount of obligations (including the reimbursement bonds for such purpose) to be issued for such projects is anticipated to be $7,500,000, in the form of Public Facility Municipal Property Corporation Bonds.

4. Reasonableness of Official Intent. On the date of this Resolution, the Mayor and Common Council of the Town have a reasonable expectation (being that a prudent person in the same circumstances would have based on all the objective facts and circumstances) that it will reimburse such original expenditures with proceeds of such obligations. (Official intents have not been declared by the Town as a matter of course in amounts substantially in excess of the

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amounts expected to be necessary for such projects. Moreover, the Town does not have a pattern (other than in extraordinary circumstances) of failure to reimburse actual original expenditures covered by official intents.)

5. *Public Records. This Resolution shall be included as of the date hereof in the publicly available official records of the Town, such records being maintained and supervised by the Clerk of the Town, being the main administrative office of the Town, and shall remain for public inspection on a reasonable basis.

This resolution shall be in full force and effect from and after its passage, adoption and approval by the Common Council of the Town of Gilbert. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF GILBERT, ARIZON THIS 2nd DAY OF NOVEMBER, 2017. __________________________________ Jenn Daniels, Mayor ATTEST: ________________________________ Lisa Maxwell, Town Clerk APPROVED AS TO FORM: ________________________________ Chris Payne, Town Attorney I hereby certify the above foregoing Resolution No. ____ was duly passed by the Council of the Town of Gilbert, Arizona, at a regular meeting held on November 2nd, 2017, and that quorum was present thereat and that the vote thereon was ____ ayes and ____ nays and ____ absentions. ____ Council members were absent or excused. ________________________________ Lisa Maxwell, Town Clerk, CMC Town of Gilbert

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FROM: Nancy L. Davidson, Assistant Town Attorney


SUBJECT: Approval of the Ordinance amending the Gilbert Town Code relating to changes in state law and wireless facilities in Town rights-of-way and public utility easements


RECOMMENDED MOTION

Motion to approve the Ordinance amending the Gilbert Town Code to address changes in state law regarding to the use of Town rights-of-way and public utility easements relating to certain wireless facilities.


House Bill 2365 (HB 2365)

HB 2365 was recently signed into law, which allows wireless providers to install and operate small cells and related equipment (“small wireless facilities”) on certain city, town, and county rights-of-way (including certain streetlight poles and traffic signals poles of the Town) and public utility easements. The legislation also allows wireless providers to construct, install, modify, mount, maintain, operate, and replace certain utility poles that are associated with the collocation of small wireless facilities.

Small wireless facilities help wireless providers to add capacity to their networks to provide better cell phone coverage and wireless data services in areas underserved by traditional cell sites. Compared to traditional cell sites, which are typically between 50 and 75 feet in height, small cell facilities are typically around 35 feet or less in height with 3 or less antennas. Additionally, the ground equipment used to operate a small wireless facility is smaller and allows for greater flexibility in terms of its design.

REVISED 191919191919

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Impact

Town staff conducted an extensive review of the existing agreements, zoning ordinances, design standards, engineering standards, fees, regulatory processes, permitting procedures, and pole infrastructure to determine the impact of the new legislation. Staff proposes the following changes to the Gilbert Town Code to address the changes in state law:

1. Amending Section 10-5 of the Gilbert Town Code to adopt the “Terms & Conditions for Wireless Facilities on, below or above Town Rights-Of-Way” (“Terms & Conditions”);

2. Amending Section 10-41 of the Gilbert Town Code to adopt the “Standards for Encroachment of Structures into the Public ROW” (“Standards”), which will govern small wireless facilities in Town rights-of-way;

3. Amending Section 19-1 of the Gilbert Town Code to conform to recent changes in state law;

4. Approving a sample site license form, which incorporates by reference the Terms & Conditions and Standards and may be amended by the Town Attorney (or designee) as needed;

5. Authorizing the Director of the Development Services (or his/her designee) to execute Site Licenses to streamline the Town’s process for approving small wireless facilities in Town rights-of-way;

6. Authorizing the Director of Development Services to make minor deviations to the Standards and Terms & Conditions, but only upon a showing of good cause by the provider as allowed by the new law, or to adapt to changes in technology.

Amendment to Sec. 10-5 of the Gilbert Town Code

Staff proposes to amend Section 10-5 of the Gilbert Town Code to require each application to conduct work on, below or above a Town-owned right-of-way or public utility easement related to wireless communications facilities to comply with the Terms & Conditions for Wireless Facilities on, below or above Town rights-of-way (“Terms & Conditions”) as adopted by Council and the individual Site License executed by the Director of Development Services. In addition, any application to attach a small wireless facility to a utility pole that is not owned or operated by the Town must include written consent(s) signed by each owner of the utility pole.

Amendment to Section 10-41 of the Gilbert Town Code. Under HB 2365, the Town may implement and apply reasonable and objective design standards for wireless communication facilities in the right-of-way. Town staff participated in a state-wide subcommittee group that was tasked with (1) analyzing the types of small wireless facilities being proposed and implemented throughout the valley and (2) developing a set of “best practices” for the review and approval of such facilities. Representatives from the wireless carriers participated in a working meeting with the subcommittee to discuss the draft standards and to provide feedback. The feedback received during this meeting was positive. The end product of this work is the proposed amendment to Section 10-41 of the Gilbert Town Code,

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which incorporates by reference new Standards for Encroachment of Structures into the Public ROW (“Standards”) applicable to wireless facilities in public rights-of-way.

The Standards seek to ensure safety, compatibility, and the implementation of stealth features to the maximum amount possible, while not being overly restrictive to the point of reducing the functionality of a facility. Section 1 contains a set of General Standards that apply to all structures in the right-of-way. Sections 2.0 through 5.0 are design standards that apply to specific types of facilities only (i.e. light pole. traffic signal, etc.). Staff proposes that the Director of Development Services be authorize to make minor deviations to the Standards and Terms & Conditions, but only upon a showing of good cause by the provider as may be allowed by the new law, or to adapt to changes in technology.

Amendment to Section 10-325

The new legislation includes various new definitions. Staff proposes amendments to Section 10-325 to distinguish these new terms from the terms and definitions used in Article X of the Gilbert Town Code, which remain unaffected by the changes in state law.


Staff proposes to amend Section 19-1 of the Gilbert Town Code to make clear that Chapter 10 (and not Chapter 19) governs the use of Town roadways, streets, sidewalks, alleys, and public utility easements related to small wireless facilities.

The Ordinance was reviewed for form by Attorney Nancy L. Davidson.

FINANCIAL IMPACT

Fees and rates related to the changes in state law and the Gilbert Town Code are addressed as a separate agenda item.



Staff recommends approval of the Ordinance amending the Gilbert Town Code to address changes in state law regarding to the use of Town rights-of-way and public utility easements relating to certain wireless facilities.


Nancy L. DavidsonAssistant Town Attorney

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FROM: Nancy l. Davidson, Assistant Town Attorney, 6109

MEETING DATE: 11/2/2017

SUBJECT: Approval of the Ordinance amending the Gilbert Town Code relating to changes in state law and wireless facilities in Town rights-of-way and public utility easements


RECOMMENDED MOTION

Motion to approve the Ordinance amending the Gilbert Town Code to address changes in state law regarding to the use of Town rights-of-way and public utility easements relating to certain wireless facilities.

House Bill 2365 (HB 2365)

HB 2365 was recently signed into law, which allows wireless providers to install and operate small cells and related equipment (“small wireless facilities”) on certain city, town, and county rights-of-way (including certain streetlight poles and traffic signals poles of the Town) and public utility easements. The legislation also allows wireless providers to construct, install, modify, mount, maintain, operate, and replace certain utility poles that are associated with the collocation of small wireless facilities.

Small wireless facilities help wireless providers to add capacity to their networks to provide better cell phone coverage and wireless data services in areas underserved by traditional cell sites. Compared to traditional cell sites, which are commonly approved at heights between 50 and 75 feet, small cell facilities are typically around 35 feet or less in height with 3 or less antennas. Additionally, the ground equipment used to operate a small wireless facility is smaller and allows for greater flexibility in terms of its design.

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Impact

Town staff conducted an extensive review of the existing agreements, zoning ordinances, design standards, engineering standards, fees, regulatory processes, permitting procedures, and pole infrastructure to determine the impact of the new legislation. Staff proposes the following changes to the Gilbert Town Code to address the changes in state law:

1. Amending Section 10-5 of the Gilbert Town Code to adopt the “Terms and Conditions for Wireless Facilities on, below or above Town Rights-Of-Way” (“Terms and Conditions”), which may be amended from time to time by the Town Council;

2. Amending Section 10-41 of the Gilbert Town Code to adopt the “Standards for Encroachment of Structures into the Public ROW” (“Standards”), which will govern small wireless facilities in Town rights-of-way, and authorizing the Director of Development Services to amend the Standards as needed to adapt to changes in technology;

3. Amending Section 19-1 of the Gilbert Town Code to reflect the changes in state law; and

4. Approving a sample site license form to be used for each individual site and authorizing the Director of the Development Services to execute site licenses; and

Amendment to Sec. 10-5 of the Gilbert Town Code

Staff proposes to amend Section 10-5 of the Gilbert Town Code to require each application to conduct work on, below or above a Town-owned right-of-way or public utility easement related to wireless communications facilities to comply with the Terms and Conditions for Wireless Facilities on, below or above Town rights-of-way (“Terms and Conditions”) as adopted by Council and the individual Site License executed by the Director of Development Services. In addition, any application to attach a small wireless facility to a utility pole that is not owned or operated by the Town must include written consent(s) signed by each owner of the utility pole.

Amendment to Section 10-41 of the Gilbert Town Code. Town staff participated in a sub-committee group that was tasked with (1) analyzing the types of small wireless facilities being proposed and implemented throughout the valley and (2) developing a set of “best practices” for the review and approval of such facilities. The product of this work is the proposed amendment to Section 10-41 of the Gilbert Town Code to incorporate by reference new Standards for Encroachment of Structures into the Public ROW (“Standards”) applicable to wireless facilities in public rights-of-way. These Standards seek to ensure safety, compatibility, and the implementation of stealth features to the maximum amount possible, while not being overly restrictive to the point of reducing the functionality of a facility. Staff proposes that the Director of Development Services be authorized to amend these Standards from time to time to accommodate changes in technology.Amendment to Section 10-325

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The new legislation includes various new definitions. Staff proposes amendments to Section 10-325 to distinguish these new terms from the terms and definitions used in Article X of the Gilbert Town Code, which remain unaffected by the changes in state law.


Staff proposes to amend Section 19-1 of the Gilbert Town Code to make clear that Chapter 10 (and not Chapter 19) governs the use of Town roadways, streets, sidewalks, alleys, and public utility easements related to small wireless facilities.

The Ordinance was reviewed for form by Attorney Nancy L. Davidson.

FINANCIAL IMPACT

Fees and rates related to the changes in state law and the Gilbert Town Code are addressed as a separate agenda item.



Staff recommends approval of the Ordinance amending the Gilbert Town Code to address changes in state law regarding to the use of Town rights-of-way and public utility easements relating to certain wireless facilities.


Nancy L. DavidsonAssistant Town Attorney

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Chris Payne 10/23/2017 3:18:49 PMChris Payne 10/23/2017 3:28:06 PMJustine Bruno 10/24/2017 1:02:44 PM

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Ordinance No. ______Page ___ of ____

ORDINANCE NO. ________

AN ORDINANCE OF THE COMMON COUNCIL OF THE TOWN OF GILBERT, ARIZONA, ADOPTING THE "STANDARDS FOR ENCROACHMENT OF STRUCTURES INTO THE PUBLIC ROW”; APPROVING THE SITE LICENSE FORM REQUIRED FOR THE USE OF TOWN RIGHT-OF-WAY RELATED TO WIRELESS FACILITIES; AUTHORIZING THE DIRECTOR OF DEVELOPMENT SERVICES OR DESIGNEE TO EXECUTE SAID SITE LICENSES ON BEHALF OF THE TOWN; APPROVING THE “TERMS & CONDITIONS FOR WIRELESS FACILITIES ON, BELOW OR ABOVE TOWN RIGHTS-OF-WAY”; AUTHORIZING THE DIRECTOR OF DEVELOPMENT SERVICES TO MAKE CERTAIN MINOR DEVIATIONS TO THE STANDARDS AND THE TERMS & CONDITIONS; AND AMENDING THE CODE OF GILBERT, ARIZONA, BY AMENDING CHAPTER 10 BUILDINGS AND CONSTRUCTION REGULATIONS, ARTICLE 1 IN GENERAL SECTION 10-5 CONSTRUCTION WITHIN PUBLIC RIGHTS-OF-WAY OR UTILITY EASEMENTS, LOCATION AND RELOCATION OF FACILITIES IN PUBLIC RIGHTS-OF-WAY AND UTILITY EASEMENTS, ARTICLE II TECHNICAL CODES SECTION 10-41 [RESERVED], AND ARTICLE X ENCROACHMENT PERMITS FOR PUBLIC RIGHTS-OF-WAY SECTIONS 10-325 DEFINITIONS, AND BY AMENDING CHAPTER 19 TELECOMMUNICATIONS SERVICE, SECTION 19-1 PURPOSES AND FINDINGS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES.

WHEREAS, H.B. 2365 was recently signed into law, which allows Providers to install and operate small cells and related equipment (“small wireless facilities”) on certain city, town, and county rights-of-way and public utility easements.

WHEREAS, the legislation also allows Providers to construct, install, modify, mount, maintain, operate, and replace certain utility poles that are associated with the collocation of small wireless facilities.

WHEREAS, small wireless facilities help Providers add capacity to their networks to provide better cell phone coverage and wireless data services in areas underserved by traditional cell sites.

WHEREAS, said changes in state law necessitate amendments to the Town of Gilbert Town Code and various changes to Town standards, policies, and procedures.

REVISED

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WHEREAS, the Town of Gilbert (“Town”) is authorized to grant, renew, deny and terminate licenses and agreements for operation and maintenance of wireless communications with the Town boundaries pursuant to the Gilbert Town Code, and by virtue of federal and state statutes, by the Town’s police powers, by its authority over its public rights-of-way and highways, and by other Town powers and authority; and

WHEREAS, several cable operators, wireless infrastructure providers, and wireless services providers (“Providers”) desire to install small wireless facilities on, below or above existing Town property in the right-of-way, including Town streetlight poles, to supplement the coverage of their wireless communication networks and to increase capacity in high demand areas; and

WHEREAS, the Town desires to adopt standards to govern small wireless facilities located on, below or above Town property in the right-of-way titled “Standards for Encroachment of Structures into the Public ROW” (“Standards”) and the “Terms & Conditions for Wireless Facilities on, below or above Town Rights-Of-Way” (“Terms & Conditions”) both attached hereto and incorporated herein as Exhibit A and Exhibit C respectively; and

WHEREAS, the Town also intends to streamline the Town’s process for approving new or amended site licenses in substantially the form attached hereto and incorporated herein as Exhibit B (“Site License”) by authorizing the Director of Development Services (or his/her designee) to execute Site Licenses and authorizing said Director to make minor deviations to the Standards and Terms & Conditions, but only upon a showing of good cause by the Provider as may be allowed by the new law or to adapt to changes in technology; and

WHEREAS, each approved Site License shall incorporate by reference the Standards and the Terms & Conditions; and

WHEREAS, the Common Council of the Town of Gilbert, Arizona, finds that the approval of the following is in the best interests of the Town and its residents: (1) amending the Gilbert Town Code to implement various changes to Town standards, policies, and procedures related to small wireless facilities in Town rights-of-way; (2) adopting the Standards; (3) approving the sample Site License, which incorporates by reference the Terms & Conditions and Standards and may be amended by the Town Attorney (or his/her designee) as needed; (4) authorizing the Director of the Development Services (or his/her designee) to execute Site Licenses; (5) adopting the Terms & Conditions; and (6) authorizing the Director of Development Services to make minor deviations to the Standards and Terms & Conditions, but only upon a showing of good cause by the provider as may be allowed by the new law, or to adapt to changes in technology.

NOW THEREFORE, BE IT ORDAINED by the Common Council of the Town of Gilbert, Arizona, as follows:

Section I. In General.

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That certain document, three copies of which are on file in the office of the town clerk, marked and designated as the "Standards for Encroachment of Structures into the Public ROW” in Exhibit A together with all appendices thereto as may be amended from time to time by the Director of Development Services to address changes in technology (“Standards”), are hereby adopted as the design standards of the Town of Gilbert for small wireless facilities within public rights-of-way (including on streetlight poles and traffic signal poles of the Town) and is hereby referred to and made a part hereof as though fully set forth herein.

The Gilbert Town Council hereby approves of the form of the Site License between the Town of Gilbert and Providers, which shall be in the form provided by the Town Attorney.

The Gilbert Town Council hereby authorizes the Director of the Development Services Department of the Town of Gilbert (or his or her designee) to execute Site Licenses on behalf of the Town. A sample Site License is attached hereto as Exhibit B.

That certain document, three copies of which are on file in the office of the town clerk, marked and designated as the "Terms & Conditions for Wireless Facilities on, below or above Town Rights-of-Way,” together with all appendices thereto, attached hereto as Exhibit C and incorporated herein by this reference (“Terms & Conditions”), is hereby adopted as the town's regulations regarding the use of Town property (including Town streetlight poles) in the right-of-way related to small wireless facilities, and is hereby referred to and made a part hereof as though fully set forth herein.

The Gilbert Town Council hereby authorizes the Director of the Development Services Department of the Town of Gilbert to make minor deviations to the Standards and Terms & Conditions, but only upon a showing of good cause by the provider as may be allowed by the new law or to adapt to changes in technology.

The Code of Gilbert, Arizona, Chapter 10 Buildings and Construction Regulations, Article I In General, Section 10-5 Construction within Public Rights-of-Way or Utility Easements; Location and Relocation of Facilities in Public Rights-of-Way and Utility Easements, is hereby amended to read as follows (additions in ALL CAPS; deletions in strikeout):

Sec. 10-5. - Construction within public rights-of-way or utility easements; location and relocation of facilities in public rights-of-way and utility easements.(a) SCOPE; Permit required; contents of application. It shall be unlawful for

any permittee PERSON OR ENTITY TO CONDUCT WORK within the public rights-of-way or within ON, UPON, BELOW OR ABOVE A PUBLIC ROADWAY, PUBLIC STREET, PUBLIC SIDEWALK, PUBLIC ALLEY OR PUBLIC UTILITY EASEMENT of the town

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without first obtaining a permit from the engineering division of the public works department THE TOWN as provided in this section and WITHOUT complying with the Unified Land Development Code. ANY UNAUTHORIZED WORK OR FACILITY SHALL CONSTITUTE TRESPASS.

(B) COMPLETE APPLICATION REQUIRED. NO PERMIT SHALL BE ISSUED WITHOUT A COMPLETE APPLICATION AS DETERMINED BY TOWN. NO APPLICATION SHALL BE DEEMED COMPLETE UNLESS AND UNTIL THE TOWN DETERMINES THE APPLICATION MEETS ALL OF THE FOLLOWING REQUIREMENTS:

(1) Name THE APPLICATION FORM DESCRIBES THE NAME, address, and license number of the party doing the work;

(2) THE APPLICATION DESCRIBES THE location of the work area;

(3) Plans ARE attached to the application showing details of the proposed construction WORK. Such plans shall be prepared and sealed by an engineer registered and licensed in the state, unless the permittee demonstrates to the satisfaction of the town engineer that the work does not warrant imposing this requirement;

(4) A traffic control plan IS ATTACHED in accordance with subsection (b) (D);

(5) Estimated THE APPLICATION PROVIDES THE ESTIMATED cost of the work alteration;

(6) Such THE APPLICATION CONTAINS SUCH OTHER information as the town engineer finds reasonably necessary to determine compliance with this Code or AND the Unified Land Development Code;

(7) Plan checking fees and inspection THE fees as established by the council by resolution shall be are paid IN FULL prior to issuance of a permit. THE FEES ARE NON-REFUNDABLE AND SHALL BE PAID TO TOWN WITHOUT PRIOR DEMAND AND WITHOUT ANY DEDUCTION OR OFFSET WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOWN COUNCIL RESERVES THE RIGHT TO ADJUST THE FEES TO REFLECT THE DIRECT AND ACTUAL COSTS OF MANAGING TOWN RIGHTS-OF-WAY AND PUBLIC UTILITY EASEMENTS.

(8) IN ADDITION TO THE REQUIREMENTS CONTAINED HEREIN, AN APPLICATION TO CONDUCT WORK ON, BELOW OR ABOVE A TOWN RIGHT-OF-WAY OR PUBLIC

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UTILITY EASEMENT RELATED TO WIRELESS COMMUNICATIONS FACILITIES SHALL ALSO MEET THE ADDITIONAL REQUIREMENTS IN SUBSECTION (E). IN ADDITION, FOR ANY WORK ON OR BELOW A UTILITY POLE THAT IS NOT OWNED OR OPERATED BY THE TOWN, NO APPLICATION SHALL BE DEEMED COMPLETE WITHOUT WRITTEN CONSENT(S) SIGNED BY EACH OWNER OF THE UTILITY POLE.

(9) ANY WORK ON, BELOW OR ABOVE A TOWN RIGHT-OF-WAY OR PUBLIC UTILITY EASEMENT RELATED TO FACILITIES OTHER THAN WIRELESS FACILITIES MUST COMPLY WITH THE ADDITIONAL REQUIREMENTS IN SUBSECTION (F).

(C) FOR THE PURPOSE OF THIS SECTION, “WORK” INCLUDES BUT IS NOT LIMITED TO INSTALLATION, MOUNTING, CONSTRUCTION, RECONSTRUCTION, ALTERATION, OPERATION, COLLOCATION, REMOVAL, AND RELOCATION.

(b)(D) Traffic control. (1) Traffic control plans. A permittee shall submit a traffic control

plan application to the town's development services at least two business days prior to the proposed start date of construction activities. The traffic control plan application must include a traffic control plan. The traffic control plan must be designed and submitted by an individual who is currently certified as a "traffic control technician" by the American Traffic Safety Services Association (ATSSA).

(2) Traffic control manual. That certain document, three copies of which are on file in the office of the town clerk, marked and designated as "Manual on Uniform Traffic Control Devices (LATEST Edition), published by the United States Department of Transportation Federal Highway Administration, together with all appendices thereto, as amended herein is hereby adopted as the town's official traffic control manual for construction work zones and is hereby referred to and made a part hereof as though fully set forth in this section, with the following changes:

a. Arrowboards are required for all lane closures on arterial streets.

b. Lane closure on arterial streets are not permitted between 5:30 a.m. and 8:30 a.m. or between 3:30 p.m. and 7:00 p.m. unless previously approved by the traffic engineer.

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c. Road closures on arterial streets shall require notification at the road closure location using variable message signs (VMS) at least ten days prior to the road closure date, unless the road is closed due to an emergency, as determined by the traffic engineer.

d. A uniformed town police officer shall be present in accordance with the Town of Gilbert Technical Manual Number 1. That certain document on file with the town clerk marked, known, and designated as "Town of Gilbert Technical Manual Number 1", August 2015 Edition, is hereby adopted by reference and made a part hereof as though set forth at length herein.

e. Flaggers used within the town's jurisdiction shall be either currently certified as flaggers through the American Traffic Safety Services Association (ATSSA), or prior approved equivalent, or be off-duty sworn police officers.

(E) WORK ON, BELOW OR ABOVE A TOWN RIGHT-OF-WAY OR PUBLIC UTILITY EASEMENT THAT INVOLVES WIRELESS COMMUNICATIONS FACILITIES. IN ADDITION TO THE REQUIREMENTS CONTAINED IN THIS SECTION 10-5 AND 10-41, THOSE CERTAIN DOCUMENTS, THREE COPIES OF WHICH ARE ON FILE WITH THE TOWN CLERK BEING MARKED AND DESIGNATED AS THE “SITE LICENSE” AND “TERMS & CONDITIONS FOR WIRELESS FACILITIES ON, BELOW OR ABOVE TOWN RIGHTS-OF-WAY” (“TERMS & CONDITIONS”), ARE HEREBY ADOPTED TO REGULATE WORK ON, BELOW OR ABOVE TOWN RIGHTS-OF-WAY OR PUBLIC UTILITY EASEMENTS RELATED TO WIRELESS COMMUNICATIONS FACILITIES. THE DIRECTOR OF DEVELOPMENT SERVICES SHALL HAVE THE AUTHORITY TO MAKE MINOR DEVIATIONS TO THE TERMS & CONDITIONS, BUT ONLY UPON A SHOWING OF GOOD CAUSE BY THE APPLICANT AS ALLOWED BY LAW, OR TO ADAPT TO CHANGES IN TECHNOLOGY. AN APPLICATION TO CONDUCT WORK ON, BELOW OR ABOVE A TOWN RIGHT-OF-WAY OR PUBLIC UTILITY EASEMENT THAT INVOLVES WIRELESS COMMUNICATIONS FACILITIES SHALL NOT BE DEEMED COMPLETE UNLESS IT CONTAINS ALL THE INFORMATION AND DOCUMENTS REQUIRED BY SAID TERMS & CONDITIONS, INCLUDING A SITE LICENSE EXECUTED BY DIRECTOR OF DEVELOPMENT SERVICES (OR HIS/HER DESIGNEE) AND THE APPLICANT. NO APPLICATION TO CONDUCT WORK ON, BELOW OR ABOVE A TOWN RIGHT-OF-WAY OR PUBLIC UTILITY EASEMENT RELATED TO WIRELESS

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COMMUNICATIONS FACILITIES SHALL BE DEEMED COMPLETE WITHOUT AN EXECUTED SITE LICENSE. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS & CONDITIONS AND THIS CHAPTER 10 (INCLUDING 10-5(F)), THE TERMS & CONDITIONS SHALL GOVERN.

(F) GENERAL PERMIT CONDITIONS. (2)(1) Joint use of trenches. In order to minimize degradation of streets, traffic

impacts and other interference with the use of rights-of-way or utility easements, work shall be coordinated so that to the greatest extent possible, consistent with economic feasibility, joint trenching is utilized. The department of public works shall adopt rules to facilitate joint trenching in the public rights-of-ways and utility easements.

(3)(2) Traffic safety. The facilities to be constructed, installed, operated, and maintained by the permittee shall be so located or relocated as to interfere as little as possible with traffic or other authorized uses over, under, or through the rights-of-way. Those phases of construction relating to traffic control, backfilling, compaction, and paving, as well as the location or relocation of said facilities shall be subject to regulation by the council.

(4)(3) Records. The permittee shall keep accurate installation records of the location of all the facilities in the rights-of-way or utility easement and furnish them to the town upon request or at such periodic intervals as the town may require. Upon completion of new or relocation construction of underground facilities in the rights-of-way or utility easement, the permittee shall provide the to town with THE installation records in a format compatible with the current town mapping format showing the locationS of the ALL underground and above ground facilities. IN THE EVENT PERMITTEE FAILS TO PROVIDE THE RECORDS AS REQUIRED HEREIN, THE TOWN SHALL HAVE THE RIGHT TO RECOVER ALL COSTS INCURRED BY THE TOWN IN CREATING OR OBTAINING SAID RECORDS. IF FACILITIES ARE NOT LOCATED IN THE PRECISE LOCATION DEPICTED IN THE RECORDS AND THE PERMITTEE FAILS TO CORRECT SAID DEFICIENCY IN RECORDS WITHIN THIRTY (30) CALENDAR DAYS TO THE SATISFACTION OF THE TOWN, PERMITTEE SHALL REIMBURSE TOWN FOR ALL COSTS AND DAMAGES THE TOWN INCURS ASSOCIATED WITH LOCATING SAID FACILITIES (AND, IF DEEMED NECESSARY BY TOWN, TO RELOCATE), INCLUDING ALL DELAY COSTS. IN THE EVENT THE TOWN DETERMINES THAT FACILITIES NEED TO BE RELOCATED AS PROVIDED HEREIN, THE PERMITTEE SHALL ALSO REIMBURSE TOWN FOR THE COSTS ASSOCIATED WITH LOCATING AND POTHOLING PERMITTEE’S FACILITIES.

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(5)(4) REMOVAL AND Restoration OBLIGATIONS. Whenever the permittee shall cause any opening or alteration whatever to be made for any purpose in any rights-of-way or utility easement, the work shall be completed within a reasonable time, and the permittee shall, without expense to the town and upon completion of such work, restore the property disturbed in a manner consistent with the town's duly adopted standards, or AND as required by its permit, license, or franchise which may incorporate special standards when required for town purposes. Landscaping, whether in the right-of-way or on private property, which is damaged by a permittee shall be restored to its condition as it existed prior to the work. A permittee shall exercise special care when working near established trees or shrubs. If established trees or shrubs die within six months of completion of work by a permittee, it is presumed that the permittee caused such damage if the work performed was in the location of the roots of such tree or shrub.

(6)(5) Town's facilities. The installation, use, and maintenance of the permittee's facilities within the rights-of-way or utility easement authorized herein shall be in such a manner as not to interfere with the town's placement, construction, use, and maintenance of its rights-of-way, street lighting, water pipes, drains, sewers, traffic signal systems, or other town systems that have been, or may be, installed, maintained, used or authorized by the town.

(7)(6) Interference. The permittee shall not install, maintain, or use any of its facilities in such a manner as to damage or interfere with facilities of another located within the rights-of-way or utility easement of the town.

(8)(7) Location and maintenance of above-ground facilities. The location of above-ground facilities, such as boxes, cabinets and similar equipment or appurtenances, shall be approved by the town engineer. The permit shall set forth the location of such above-ground facilities. If the town engineer determines that a proposed location would impair traffic visibility or visibility of existing signage or would substantially harm existing landscaping, or that similar conditions exist which would justify a denial of a permit in that location, the permit shall be denied. Above-ground ALL facilities shall be maintained in good condition. If the town finds any of permittee's above-ground facilities are not maintained in good condition, including any pedestals or cabinets in their appropriate or upright position, permittee shall correct such condition within three business days of receiving notice from town.

(9)(8) Plans. Unless waived by the town engineer pursuant to subsection 10-5(a)(3), all facilities shall be installed per plans prepared by a registered professional engineer. All plans shall be approved by the town before the work commences. A permittee may install facilities on existing utility poles or in existing conduit where permission is granted by owner of the

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utility pole or conduit, and such permission is verified by the town except where those same poles are scheduled to be replaced with buried facilities. The town may require the permittee to prove that it has such permission from the owner to use the owner's facilities. No TO THE EXTENT PERMITTED BY LAW, no new poles, or longer poles, will be permitted in the rights-of-way or utility easement for any new facilities. If permittee installs facilities on existing poles as provided herein, the permittee shall bury its facilities if such poles are removed and not replaced in kind for any reason. If the permittee makes use of existing conduit of another person, the permittee shall be subject to the provisions of this section in the use of such conduit in the rights-of-way. As used herein, a pole installed to replace a damaged pole and which is the same weight and size of the pole being replaced shall not be considered to be a new pole.

(10)(9) Insurance; bonding. Each permittee must obtain and maintain such insurance, bonding, and security fund requirements as specified by the town, or if no specific requirements are specified, as are required by the town for similar facilities. No work shall commence unless these requirements have been satisfied, and the town may require the permittee to remove or stop work on facilities or require a permittee to cease using the facility, when any insurance, bonding, and security fund requirements are not satisfied.

(11)(10) Repairs. A permit shall be obtained from the public works department TOWN prior to a person removing, abandoning, relocating, or reconstructing, if necessary, any portion of a person's facilities. Notwithstanding the foregoing, the town understands and acknowledges there may be instances when a person is required to make repairs, in compliance with federal or state laws, that are of an emergency nature. The permittee will notify the town prior to such repairs, if practicable, and will obtain the necessary permits in a reasonable time after notification.

(12)(11) Conflict with town projects AND PUBLIC IMPROVEMENTS.

a. Identification of conflict. If, during the design process for public improvements, the town discovers a potential conflict with proposed construction, the permittee shall either:

1. Locate and, if necessary, expose its facilities in conflict; or

2. Use a location service under contract with the town to locate or expose its facilities. The permittee shall reimburse the town for the cost resulting from the use of such location service. The town shall make reasonable efforts to design and construct projects pursuant to this section so as to avoid relocation expense to the permittee. Permittee shall furnish the location information in a timely

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manner, but in no case longer than ten calendar days from the town's request.

b. Priority right. The town reserves the prior and superior right to lay, construct, erect, install, use, operate, repair, replace, remove, relocate, regrade, widen, realign, or maintain and rights-of-way, aerial, surface, or subsurface improvements, including, but not limited to, water mains, traffic control conduits, cable and devices, sanitary or storm sewers, subways, tunnels, bridges, viaducts, or any other public construction within the rights-of-way and utility easements of the town.

c. Relocation. When the town invokes its prior superior right to the rights-of-way, the permittee shall move its facilities located in the rights-of-way and utility easements, at its own cost, to such a location as the town directs.

d. Procedures. If, during the course of a project, the town determines permittee's facilities are in conflict, the following shall apply:

1. Prior to the town notice to proceed to contractor: The permittee shall, within a reasonable time, but in no event exceeding one month, remove or relocate the conflicting facility. This time period shall begin running upon receipt by the permittee of written notice from the town. However, if both the town and the permittee agree, the time frame may be extended based on the requirements of the project.

2. Subsequent to town notice to proceed to contractor: The town and the permittee will immediately begin the coordination necessary to remove or relocate the facility. Actual construction of such removal or relocation is to begin no later than 72 hours, if practicable, after written notification from the town of the conflict.

(13)(12) Damage to town rights-of-way and facilities.

a. If, in the installation, use, or maintenance of its facilities, the permittee damages or disturbs the surface of subsurface of any rights-of-way or adjoining public property, or the public improvement located thereon, therein, or thereunder, the permittee shall promptly, at its own expense, and in a manner acceptable to the town, restore the surface or subsurface of the rights-of-way or public property, or repair or replace the public improvement thereon, therein, or thereunder, in as good a condition as before such damage or disturbance. If such restoration, repair or replacement of the surface, subsurface, or any structure located thereon, therein, or thereunder is not completed within a

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reasonable time, or such repair or replacement does not meet town standards, the town shall have the right to perform the necessary restoration, repair, or replacement, either through its own forces, or through a hired contractor, and the occupant agrees to reimburse the town for its expense in so doing within 30 CALENDAR days after receipt of the invoice therefor.

b. The permittee shall reimburse the town for all costs arising from the reduction in the service life of any public road or pavement damage, to the extent required by any other town ordinances, resulting from pavement cuts of permittee. Permittee agrees to pay such costs within 30 CALENDAR days from the date of issuance of an invoice from town.

(14)(13) Relocation of facilities.

a. General. The town shall not bear any cost of relocation of existing facilities, irrespective of the function served, where the town facilities or other facilities occupying the rights-of-way or utility easement under authority of a town permit, license, or franchise which must be relocated, are already located in the rights-of-way and the conflict between the permittee's potential facilities and existing facilities can only be resolved expeditiously as determined by the town by the movement of the existing town or other approved facilities.

b. Delay. If permittee's relocation effort so delays construction of a public project causing the town to be liable for delay damages, the permittee shall reimburse the town for those damages attributable to the delay created by the permittee.

c. Town costs. Except as otherwise provided in a license, franchise, or permit, or by other provision of law, the entire cost of relocation shall be borne by the town if the permittee is required by the town to relocate facilities which are located in private easements obtained by the permittee prior to the dedication of the public street or easement from which the facilities must be relocated. These prior rights of the permittee would also be unaffected by any subsequent relocation. "Prior rights" as used in this subsection means private easement rights obtained by the permittee prior to the dedication of the streets or public ways from which the facilities are requested by the town to be relocated. In the case of a facility that serves multiple purposes, the prior rights must extend to all uses for this exception to apply.

(15)(14) Conflict with designated future freeway corridors.

a. The town engineer shall maintain in his office a map depicting the boundaries of designated future freeway corridors within the town.

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b. Any permittee proposing to install, construct, erect, replace, or relocate facilities within the boundaries of a designated future freeway corridor shall comply with the provisions of this paragraph.

c. The town engineer shall establish the locations of rights-of-way within future freeway corridors in the town in which facilities shall be permitted to be installed, constructed, erected, replaced, or relocated ("permitted crossings"). The town engineer shall maintain in his office a description of permitted crossings as a permanent record in a document entitled "Permitted Crossings of Designated Future Freeway Corridors." This document shall be updated at least every six months.

d. A permittee proposing to install, construct, erect, replace, or relocate facilities in a public right-of-way or utility easement which is within a designated future freeway crossing shall place such facilities only in permitted crossings, unless the Arizona Department of Transportation authorizes a different location for the facilities. Other than in permitted crossings, all applications to install, construct, erect, replace, or relocate facilities in a public right-of-way or utility easement within a designated future freeway corridor must be reviewed and approved by the town engineer and the Arizona Department of Transportation.

(16)(15) Rights reserved to town. Without limiting the rights that the town might otherwise have, the town hereby expressly reserves the following rights, powers and authorities:

a. To exercise its governmental powers now or hereafter to the full extent that such powers may be vested in or granted to the town.

b. To determine any question of fact relating to the meaning, terms, obligations, or other aspects of this chapter and the instruments issued under this chapter.

c. To grant multiple, nonexclusive licenses, franchises, licenses, or permits within the town to other persons.

(17)(16) Town police power; continuing jurisdiction.

a. Police power. The permittee shall at all times be subject to all lawful exercise of the police power by the town, including any and all ordinances, rules, or regulations which the town has adopted or may adopt, and all laws, rules, regulations, order, and policies of the state and the United States government. Any conflict between the provisions of this section and other provisions of the Town Code, the stricter requirement shall apply.

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b. Continuing jurisdiction. The town shall have continuing jurisdiction and supervision over any facilities located within or on town rights-of-way or utility easements. However, it is recognized that the daily administrative, supervisory, and enforcement responsibilities of the provisions of this section and any license or franchise shall be delegated and entrusted to the town manager or director of public works to interpret, administer, and enforce the provisions of this section, and to promulgate standards regarding the construction, reconstruction, relocation, maintenance, dismantling, abandonment, or use of the facilities within the town rights-of-way.

(18)(17) Violation. From and after the effective date of this section, it shall be unlawful for any person to occupy the streets and public ways unless the person is in compliance with the provisions of this section and any other applicable ordinance, license, franchise or requirement.

(Code 1984, § 7-8-1; Ord. No. 1143, § I, 1-19-99; Ord. No. 1798, § I, 7-11-06; Ord. No. 2553, § I , 8-27-15)

* * * *

The Code of Gilbert, Arizona, Chapter 10 Buildings and Construction Regulations, Article II Technical Codes, Section 10-41 Reserved, is hereby amended to read as follows (additions in ALL CAPS; deletions in strikeout):

Sec. 10-41. – Reserved ADOPTION OF THE STANDARDS FOR ENCROACHMENT OF STRUCTURES INTO THE PUBLIC RIGHT-OF-WAY.

THAT CERTAIN DOCUMENT, THREE COPIES OF WHICH ARE ON FILE IN THE OFFICE OF THE TOWN CLERK BEING MARKED AND DESIGNATED AS THE "STANDARDS FOR ENCROACHMENT OF STRUCTURES INTO THE PUBLIC ROW" AS MAY BE AMENDED FROM TIME TO TIME IS HEREBY ADOPTED AS A CODE OF THE TOWN AND IS HEREBY REFERRED TO AND MADE A PART HEREOF AS THOUGH FULLY SET FORTH IN THIS SECTION. THE DIRECTOR OF DEVELOPMENT SERVICES SHALL HAVE THE AUTHORITY TO MAKE MINOR DEVIATIONS TO SAID STANDARDS, BUT ONLY UPON A SHOWING OF GOOD CAUSE BY THE PROVIDER AS MAY BE ALLOWED BY LAW. OR TO ADAPT TO CHANGES IN TECHNOLOGY

The Code of Gilbert, Arizona, Chapter 10 Buildings and Construction Regulations, Article X Encroachment Permits for Public Rights-of-Way, Section 10-325 Definitions, is hereby amended to read as follows (additions in ALL CAPS; deletions in strikeout):

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Sec. 10-325. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Encroachment AS USED IN THIS ARTICLE means construction, reconstruction, repair, alteration, or grading within the public rights-of-way. An application for a permit shall be filed with the town engineer and shall include an object, structure or other thing in the public right-of-way of the town. "Encroachment" AS USED IN THIS ARTICLE does not include the use of the public rights-of-way by vehicles, bicycles or other means of transport governed by Title 28, Arizona Revised Statutes.

Public right-of-way AS USED IN THIS ARTICLE means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the general public for street, highway, alley, public utility, pedestrian walkway or landscape purposes.

The Code of Gilbert, Arizona, Chapter 19 Telecommunications Service, Section 19-1 Purposes and Findings, is hereby amended to read as follows (additions in ALL CAPS; deletions in strikeout):

Sec. 19-1. - Purposes, and findings, INTENT, AND APPLICABILITY.(a) PURPOSE. The purpose of this chapter is to establish policy governing

the management of public highways for the provision of telecommunications services to enable the town to:

(1) Issue licenses and franchises to telecommunications corporations who use the public highways to provide telecommunications services on a competitively neutral and nondiscriminatory basis, except in cases where state law forbids establishment of a license or franchise requirement; and

(2) Manage the public highways in order to minimize the impact and cost to town citizens of the placement of telecommunications facilities within public highways; and

(3) Manage the public highways so as to maximize their efficient use, thereby minimizing the foreclosure of future additional uses of such rights-of-way; and

(4) Provide for the compensation for the commercial use of public highways to provide telecommunications services; and

(5) Minimize congestion, inconvenience, visual impact, and other adverse effects from such use on the town's public highways.

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(b) FINDINGS. The town council finds that the town's public highways constitute a valuable public asset:

(1) Having been acquired and maintained by the town over many years at great taxpayer expense;

(2) Providing uniquely valuable property that private telecommunications providers may wish to use for profit-making purposes that may not necessarily benefit all the residents of the town;

(3) Representing public investments for which the taxpayers are entitled to a fair monetary return on the town's past and future investment in the town's infrastructure; and

(4) Comprising significant assets, which the town must manage as a public fiduciary trust to enhance the public health, safety, and welfare.

(c) INTENT. Therefore, the town council intends:

(1) To ensure that locally elected officials manage local public highways consistent with their fiduciary trust obligations;

(2) To ensure compliance with public health, safety, and welfare measures for public highways;

(3) To encourage public-private partnerships to provide telecommunications facilities needed for the most cost-effective delivery of public services, including schools, libraries, police and fire protection, as well as private services;

(4) To conserve the limited physical capaTown of the public highways held in public trust by the town; and

(5) To assure that the town's current and ongoing costs of granting and regulating private access to and use of the public highways are fully paid by the persons seeking such access and causing such costs.

(D) APPLICABILITY. CHAPTER 19 OF THE GILBERT TOWN CODE AND THE LAND DEVELOPMENT CODE SHALL GOVERN THE MANAGEMENT AND USE OF PUBLIC HIGHWAYS WITHIN THE TOWN OF GILBERT FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES EXCEPT THAT THE USE OF TOWN RIGHTS-OF-WAY AND PUBLIC UTILITY EASEMENTS RELATED TO SMALL WIRELESS FACILITIES SHALL BE GOVERNED BY CHAPTER 10 OF THE GILBERT TOWN CODE.

Section II. Providing for Repeal of Conflicting Ordinances.

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All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are hereby repealed.

Section III. Providing for Severability.

If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any part of the Code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof.

Section IV. Providing for Civil Sanctions.

Any person found responsible for violating this Ordinance shall be subject to the civil sanctions and habitual offender provisions set forth in Section 1-5 of the Gilbert Municipal Code. Each day a violation continues, or the failure to perform any act or duty required by the Municipal Code or by the Town of Gilbert Municipal Court continues, shall constitute a separate civil offense.

PASSED AND ADOPTED by the Common Council of the Town of Gilbert, Arizona, this _____ day of _______________, 2017, by the following vote:

AYES: ________________________________________________________________

NAYES: ________________________ ABSENT: __________________________

EXCUSED: ______________________ ABSTAINED: ______________________

APPROVED this ____ day of __________________, 201_.


ATTEST:

________________________________________Lisa Maxwell, Town Clerk


________________________________________Christopher W. Payne, Town Attorney

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I, LISA MAXWELL, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE ORDINANCE NO. _______ ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF GILBERT ON THE ____ DAY OF _____________, 201_, WAS POSTED IN FOUR PLACES ON THE _____ DAY OF ______________, 201_.


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ORDINANCE NO. ________

AN ORDINANCE OF THE COMMON COUNCIL OF THE TOWN OF GILBERT, ARIZONA, APPROVING THE TERMS AND CONDITIONS FOR WIRELESS FACILITIES ON, BELOW OR ABOVE TOWN RIGHTS-OF-WAY; AUTHORIZING AND APPROVING THE FORM OF SITE LICENSES BETWEEN THE TOWN OF GILBERT AND A PROVIDER AS MAY BE AMENDED BY THE TOWN ATTORNEY FOR THE USE OF TOWN RIGHT-OF-WAY PROPERTY TO OPERATE WIRELESS FACILITIES; AUTHORIZING THE DIRECTOR OF DEVELOPMENT SERVICES TO EXECUTE SUCH SITE LICENSES; AMENDING THE CODE OF GILBERT, ARIZONA, BY AMENDING CHAPTER 10 BUILDINGS AND CONSTRUCTION REGULATIONS, ARTICLE 1 IN GENERAL SECTION 10-5 CONSTRUCTION WITHIN PUBLIC RIGHTS-OF-WAY OR UTILITY EASEMENTS, LOCATION AND RELOCATION OF FACILITIES IN PUBLIC RIGHTS-OF-WAY AND UTILITY EASEMENTS, ARTICLE II TECHNICAL CODES SECTION 10-41, AND ARTICLE X ENCROACHMENT PERMITS FOR PUBLIC RIGHTS-OF-WAY SECTIONS 10-325 DEFINITIONS, AND BY AMENDING CHAPTER 19 TELECOMMUNICATIONS SERVICE, SECTION 19-1 PURPOSES AND FINDINGS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES.

WHEREAS, H.B. 2365 was recently signed into law, which allows Providers to install and operate small cells and related equipment (“small wireless facilities”) on certain city, town, and county rights-of-way and public utility easements.

WHEREAS, the legislation also allows Providers to construct, install, modify, mount, maintain, operate, and replace certain utility poles that are associated with the collocation of small wireless facilities.

WHEREAS, small wireless facilities help Providers add capacity to their networks to provide better cell phone coverage and wireless data services in areas underserved by traditional cell sites.

WHEREAS, said changes in state law necessitate amendments to the Town of Gilbert Town Code and various changes to Town standards, policies, and procedures.

WHEREAS, the Town of Gilbert (“Town”) is authorized to grant, renew, deny and terminate licenses and agreements for operation and maintenance of wireless communications with the Town boundaries pursuant to the Gilbert Town Code, and by virtue of

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federal and state statutes, by the Town’s police powers, by its authority over its public rights-of-way and highways, and by other Town powers and authority; and

WHEREAS, several cable operators, wireless infrastructure providers, and wireless services providers (“Providers”) desire to install small wireless facilities on, below or above existing Town property in the right-of-way, including Town streetlight poles, to supplement the coverage of their wireless communication networks and to increase capaTown in high demand areas; and

WHEREAS, the Town desires to adopt standards to govern small wireless facilities located on, below or above Town property in the right-of-way titled “Standards for Encroachment of Structures into the Public ROW” (“Standards”), attached hereto as Exhibit A and incorporated herein by this reference, which may be amended from time to time by the Director of Development Services to adapt to changes in technology.

WHEREAS, the Town also intends to streamline the Town’s process for approving new or amended site licenses by authorizing the Director of the Development Services to execute said agreements, which the Town Attorney shall prepare in substantially the form attached hereto as Exhibit B (“Site License”).

WHEREAS, each approved Site License shall incorporate “The Terms and Conditions for Wireless Facilities on, below or above Town Rights-Of-Way,” attached hereto as Exhibit C and incorporated herein by this reference (“Terms and Conditions”).

WHEREAS, the Common Council of the Town of Gilbert, Arizona, finds that the approval of the following is in the best interests of the Town and its residents: (1) amending the Gilbert Town Code to implement various changes to Town standards, policies, and procedures related to small wireless facilities in Town rights-of-way; (2) adopting the Standards, which may be amended from time to time by the Director of Development Services to adapt to changes in technology; (3) approving the sample form Site License, which may be amended by the Town Attorney (or his or her designee) as needed; (4) allowing the Director of the Development Services (or his or her designee) to execute Site Licenses; and (5) adopting the Terms and Conditions, which may be amended from time to time by the Town Council.

NOW THEREFORE, BE IT ORDAINED by the Common Council of the Town of Gilbert, Arizona, as follows:

Section I. In General.

That certain document, three copies of which are on file in the office of the town clerk, marked and designated as the "Standards for Encroachment of Structures into the Public ROW” in Exhibit A, together with all appendices thereto and as may be amended from time to time by the Director of Development Services to address changes in technology (“Standards”), are hereby adopted as the design standards of the Town of Gilbert for small wireless facilities within public rights-of-way (including on streetlight poles and traffic signal poles of the Town) and is hereby referred to and made a part hereof as though fully set forth herein.

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The Gilbert Town Council hereby authorizes and approves of the form of the Site License between the Town of Gilbert and Providers, which shall be in the form provided by the Town Attorney. The Gilbert Town Council hereby authorizes the Director of the Development Services Department of the Town of Gilbert (or his or her designee) to execute Site Licenses on behalf of the Town. A sample Site License is attached hereto as Exhibit B.

That certain document, three copies of which are on file in the office of the town clerk, marked and designated as the "Terms and Conditions for Wireless Facilities on, below or above Town Rights-of-Way,” together with all appendices thereto, attached hereto as Exhibit C and incorporated herein by this reference (“Terms and Conditions”), is hereby adopted as the town's regulations regarding the use of Town property (including Town streetlight poles) in the right-of-way related to small wireless facilities, and is hereby referred to and made a part hereof as though fully set forth herein.

The Code of Gilbert, Arizona, Chapter 10 Buildings and Construction Regulations, Article I In General, Section 10-5 Construction within Public Rights-of-Way or Utility Easements; Location and Relocation of Facilities in Public Rights-of-Way and Utility Easements, is hereby amended to read as follows (additions in ALL CAPS; deletions in strikeout):

Sec. 10-5. - Construction within public rights-of-way or utility easements; location and relocation of facilities in public rights-of-way and utility easements.(a) SCOPE; Permit required; contents of application. It shall be unlawful for

any permittee PERSON OR ENTITY TO CONDUCT ANY WORK within the public rights-of-way or within ON, UPON, BELOW OR ABOVE A PUBLIC ROADWAY, PUBLIC STREET, PUBLIC SIDEWALK, PUBLIC ALLEY OR PUBLIC UTILITY EASEMENT of the town without first obtaining a permit from the engineering division of the public works department as provided in this section and complying with the Unified Land Development Code. ANY UNAUTHORIZED WORK OR FACILITY SHALL CONSTITUTE TRESPASS.

(B) COMPLETE APPLICATION REQUIRED. NO PERMIT SHALL BE ISSUED WITHOUT A COMPLETE APPLICATION. NO APPLICATION SHALL BE DEEMED COMPLETE UNLESS AND UNTIL THE TOWN DETERMINES THE APPLICATION MEETS ALL OF THE FOLLOWING REQUIREMENTS:

(1) Name THE APPLICATION ON THE TOWN-ISSUED FORM DESCRIBES THE NAME, address, and license number of the party doing the work;

(2) THE APPLICATION DESCRIBES THE location of the work area;

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(3) Plans ARE attached to the application showing details of the proposed construction WORK. Such plans shall be prepared and sealed by an engineer registered and licensed in the state, unless the permittee demonstrates to the satisfaction of the town engineer that the work does not warrant imposing this requirement;

(4) A traffic control plan IS ATTACHED in accordance with subsection (b) (D);

(5) Estimated THE APPLICATION PROVIDES THE ESTIMATED cost of the work alteration;

(6) Such THE APPLICATION CONTAINS SUCH OTHER information as the town engineer finds reasonably necessary to determine compliance with this Code or AND the Unified Land Development Code;

(7) Plan checking fees and inspection THE fees as established by the council by resolution shall be are paid IN FULL prior to issuance of a permit. THE FEES ARE NON-REFUNDABLE AND SHALL BE PAID TO TOWN WITHOUT PRIOR DEMAND AND WITHOUT ANY DEDUCTION OR OFFSET WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOWN COUNCIL RESERVES THE RIGHT TO ADJUST THE FEES TO REFLECT THE DIRECT AND ACTUAL COSTS OF MANAGING TOWN-OWNED RIGHTS-OF-WAY AND PUBLIC UTILITY EASEMENTS.

(8) ANY PROPOSED WORK ON, BELOW OR ABOVE A TOWN RIGHT-OF-WAY OR PUBLIC UTILITY EASEMENT RELATED TO WIRELESS COMMUNICATIONS FACILITIES MUST COMPLY WITH THE ADDITIONAL REQUIREMENTS IN SUBSECTION (E). NO APPLICATION TO CONDUCT SAID WORK SHALL BE DEEMED COMPLETE WITHOUT COMPLYING WITH SUBSECTION (E) AND THE EXECUTION OF A SITE LICENSE BY THE PERMIT APPLICANT AND THE DIRECTOR OF DEVELOPMENT SERVICES. IN ADDITION, NO APPLICATION TO CONDUCT ANY WORK ON A UTILITY POLE THAT IS NOT OWNED OR OPERATED BY THE TOWN SHALL BE DEEMED COMPLETE WITHOUT WRITTEN CONSENT(S) SIGNED BY EACH OWNER OF THE UTILITY POLE.

(9) ANY PROPOSED WORK ON, BELOW OR ABOVE A TOWN RIGHT-OF-WAY OR PUBLIC UTILITY EASEMENT RELATED TO FACILITIES OTHER THAN WIRELESS FACILITIES MUST COMPLY WITH THE ADDITIONAL REQUIREMENTS IN SUBSECTION (F).

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(C) FOR THE PURPOSE OF THIS SECTION, “WORK” INCLUDES BUT IS NOT LIMITED TO INSTALLATION, MOUNTING, CONSTRUCTION, RECONSTRUCTION, ALTERATION, OPERATION, COLLOCATION, REMOVAL, AND RELOCATION.

(b)(D) Traffic control. (1) Traffic control plans. A permittee shall submit a traffic control

plan application to the town's development services at least two business days prior to the proposed start date of construction activities. The traffic control plan application must include a traffic control plan. The traffic control plan must be designed and submitted by an individual who is currently certified as a "traffic control technician" by the American Traffic Safety Services Association (ATSSA).

(2) Traffic control manual. That certain document, three copies of which are on file in the office of the town clerk, marked and designated as "Manual on Uniform Traffic Control Devices (2009 Edition), published by the United States Department of Transportation Federal Highway Administration, together with all appendices thereto, as amended herein is hereby adopted as the town's official traffic control manual for construction work zones and is hereby referred to and made a part hereof as though fully set forth in this section, with the following changes:

a. Arrowboards are required for all lane closures on arterial streets.

b. Lane closure on arterial streets are not permitted between 5:30 a.m. and 8:30 a.m. or between 3:30 p.m. and 7:00 p.m. unless previously approved by the traffic engineer.

c. Road closures on arterial streets shall require notification at the road closure location using variable message signs (VMS) at least ten days prior to the road closure date, unless the road is closed due to an emergency, as determined by the traffic engineer.

d. A uniformed town police officer shall be present in accordance with the Town of Gilbert Technical Manual Number 1. That certain document on file with the town clerk marked, known, and designated as "Town of Gilbert Technical Manual Number 1", August 2015 Edition, is hereby adopted by reference and made a part hereof as though set forth at length herein.

e. Flaggers used within the town's jurisdiction shall be either currently certified as flaggers through the American Traffic Safety Services Association (ATSSA), or prior approved equivalent, or be off-duty sworn police officers.

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(E) WORK ON, BELOW OR ABOVE A TOWN-OWNED RIGHT-OF-WAY OR PUBLIC UTILITY EASEMENT THAT INVOLVES WIRELESS COMMUNICATIONS FACILITIES. IN ADDITION TO THE REQUIREMENTS CONTAINED IN THIS SECTION 10-5, THOSE CERTAIN DOCUMENTS, THREE COPIES OF WHICH ARE ON FILE WITH THE TOWN CLERK BEING MARKED AND DESIGNATED AS THE “TERMS AND CONDITIONS FOR WIRELESS FACILITIES ON, BELOW OR ABOVE TOWN RIGHTS-OF-WAY” (“TERMS AND CONDITIONS”), ARE HEREBY ADOPTED TO REGULATE WORK ON, BELOW OR ABOVE TOWN RIGHTS-OF-WAY OR PUBLIC UTILITY EASEMENTS RELATED TO WIRELESS COMMUNICATIONS FACILITIES. AN APPLICATION TO CONDUCT WORK ON, BELOW OR ABOVE A TOWN RIGHT-OF-WAY OR PUBLIC UTILITY EASEMENT THAT INVOLVES WIRELESS COMMUNICATIONS FACILITIES SHALL CONTAIN THE INFORMATION AND DOCUMENTS REQUIRED BY SAID TERMS AND CONDITIONS. THE EVENT OF A CONFLICT BETWEEN THE TERMS AND CONDITIONS AND THIS CHAPTER 10 (INCLUDING 10-5(F)), THE TERMS AND CONDITIONS SHALL GOVERN.

(F) GENERAL PERMIT CONDITIONS. (2)(1) Joint use of trenches. In order to minimize degradation of streets, traffic

impacts and other interference with the use of rights-of-way or utility easements, work shall be coordinated so that to the greatest extent possible, consistent with economic feasibility, joint trenching is utilized. The department of public works shall adopt rules to facilitate joint trenching in the public rights-of-ways and utility easements.

(3)(2) Traffic safety. The facilities to be constructed, installed, operated, and maintained by the permittee shall be so located or relocated as to interfere as little as possible with traffic or other authorized uses over, under, or through the rights-of-way. Those phases of construction relating to traffic control, backfilling, compaction, and paving, as well as the location or relocation of said facilities shall be subject to regulation by the council.

(4)(3) Records. The permittee shall keep accurate installation records of the location of all the facilities in the rights-of-way or utility easement and furnish them to the town upon request or at such periodic intervals as the town may require. Upon completion of new or relocation construction of underground facilities in the rights-of-way or utility easement, the permittee shall provide the to town with THE installation records in a format compatible with the current town mapping format showing the locationS of the ALL underground and above ground facilities. IN THE EVENT PERMITTEE FAILS TO PROVIDE THE RECORDS AS REQUIRED HEREIN, THE TOWN SHALL HAVE THE RIGHT TO RECOVER ALL COSTS INCURRED BY THE TOWN IN CREATING OR OBTAINING SAID RECORDS. IF FACILITIES ARE NOT

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LOCATED IN THE PRECISE LOCATION DEPICTED IN THE RECORDS AND THE PERMITTEE FAILS TO CORRECT SAID DEFICIENCY IN RECORDS WITHIN THIRTY (30) CALENDAR DAYS TO THE SATISFACTION OF THE TOWN, PERMITTEE SHALL REIMBURSE TOWN FOR ALL COSTS AND DAMAGES THE TOWN INCURS ASSOCIATED WITH LOCATING SAID FACILITIES (AND, IF DEEMED NECESSARY BY TOWN, TO RELOCATE), INCLUDING ALL DELAY COSTS. IN THE EVENT THE TOWN DETERMINES THAT FACILITIES NEED TO BE RELOCATED AS PROVIDED HEREIN, THE PERMITTEE SHALL ALSO REIMBURSE TOWN FOR THE COSTS ASSOCIATED WITH LOCATING AND POTHOLING PERMITTEE’S FACILITIES.

(5)(4) REMOVAL AND Restoration OBLIGATIONS. Whenever the permittee shall cause any opening or alteration whatever to be made for any purpose in any rights-of-way or utility easement, the work shall be completed within a reasonable time, and the permittee shall, without expense to the town and upon completion of such work, restore the property disturbed in a manner consistent with the town's duly adopted standards, or AND as required by its permit, license, or franchise which may incorporate special standards when required for town purposes. Landscaping, whether in the right-of-way or on private property, which is damaged by a permittee shall be restored to its condition as it existed prior to the work. A permittee shall exercise special care when working near established trees or shrubs. If established trees or shrubs die within six months of completion of work by a permittee, it is presumed that the permittee caused such damage if the work performed was in the location of the roots of such tree or shrub.

(6)(5) Town's facilities. The installation, use, and maintenance of the permittee's facilities within the rights-of-way or utility easement authorized herein shall be in such a manner as not to interfere with the town's placement, construction, use, and maintenance of its rights-of-way, street lighting, water pipes, drains, sewers, traffic signal systems, or other town systems that have been, or may be, installed, maintained, used or authorized by the town.

(7)(6) Interference. The permittee shall not install, maintain, or use any of its facilities in such a manner as to damage or interfere with facilities of another located within the rights-of-way or utility easement of the town.

(8)(7) Location and maintenance of above-ground facilities. The location of above-ground facilities, such as boxes, cabinets and similar equipment or appurtenances, shall be approved by the town engineer. The permit shall set forth the location of such above-ground facilities. If the town engineer determines that a proposed location would impair traffic visibility or visibility of existing signage or would substantially harm existing landscaping, or that similar conditions exist which would justify a denial of a permit in that location, the permit shall be denied. Above-ground ALL

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facilities shall be maintained in good condition. If the town finds any of permittee's above-ground facilities are not maintained in good condition, including any pedestals or cabinets in their appropriate or upright position, permittee shall correct such condition within three business days of receiving notice from town.

(9)(8) Plans. Unless waived by the town engineer pursuant to subsection 10-5(a)(3), all facilities shall be installed per plans prepared by a registered professional engineer. All plans shall be approved by the town before the work commences. A permittee may install facilities on existing utility poles or in existing conduit where permission is granted by owner of the utility pole or conduit, and such permission is verified by the town except where those same poles are scheduled to be replaced with buried facilities. The town may require the permittee to prove that it has such permission from the owner to use the owner's facilities. No new poles, or longer poles, will be permitted in the rights-of-way or utility easement for any new facilities. If permittee installs facilities on existing poles as provided herein, the permittee shall bury its facilities if such poles are removed and not replaced in kind for any reason. If the permittee makes use of existing conduit of another person, the permittee shall be subject to the provisions of this section in the use of such conduit in the rights-of-way. As used herein, a pole installed to replace a damaged pole and which is the same weight and size of the pole being replaced shall not be considered to be a new pole.

(10)(9) Insurance; bonding. Each permittee must obtain and maintain such insurance, bonding, and security fund requirements as specified by the town, or if no specific requirements are specified, as are required by the town for similar facilities. No work shall commence unless these requirements have been satisfied, and the town may require the permittee to remove or stop work on facilities or require a permittee to cease using the facility, when any insurance, bonding, and security fund requirements are not satisfied.

(11)(10) Repairs. A permit shall be obtained from the public works department TOWN prior to a person removing, abandoning, relocating, or reconstructing, if necessary, any portion of a person's facilities. Notwithstanding the foregoing, the town understands and acknowledges there may be instances when a person is required to make repairs, in compliance with federal or state laws, that are of an emergency nature. The permittee will notify the town prior to such repairs, if practicable, and will obtain the necessary permits in a reasonable time after notification.

(12)(11) Conflict with town projects.

a. Identification of conflict. If, during the design process for public improvements, the town discovers a potential conflict with proposed construction, the permittee shall either:

1. Locate and, if necessary, expose its facilities in conflict; or

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2. Use a location service under contract with the town to locate or expose its facilities. The permittee shall reimburse the town for the cost resulting from the use of such location service. The town shall make reasonable efforts to design and construct projects pursuant to this section so as to avoid relocation expense to the permittee. Permittee shall furnish the location information in a timely manner, but in no case longer than ten calendar days from the town's request.

b. Priority right. The town reserves the prior and superior right to lay, construct, erect, install, use, operate, repair, replace, remove, relocate, regrade, widen, realign, or maintain and rights-of-way, aerial, surface, or subsurface improvements, including, but not limited to, water mains, traffic control conduits, cable and devices, sanitary or storm sewers, subways, tunnels, bridges, viaducts, or any other public construction within the rights-of-way and utility easements of the town.

c. Relocation. When the town invokes its prior superior right to the rights-of-way, the permittee shall move its facilities located in the rights-of-way and utility easements, at its own cost, to such a location as the town directs.

d. Procedures. If, during the course of a project, the town determines permittee's facilities are in conflict, the following shall apply:

1. Prior to the town notice to proceed to contractor: The permittee shall, within a reasonable time, but in no event exceeding one month, remove or relocate the conflicting facility. This time period shall begin running upon receipt by the permittee of written notice from the town. However, if both the town and the permittee agree, the time frame may be extended based on the requirements of the project.

2. Subsequent to town notice to proceed to contractor: The town and the permittee will immediately begin the coordination necessary to remove or relocate the facility. Actual construction of such removal or relocation is to begin no later than 72 hours, if practicable, after written notification from the town of the conflict.

(13)(12) Damage to town rights-of-way and facilities.

a. If, in the installation, use, or maintenance of its facilities, the permittee damages or disturbs the surface of subsurface of any rights-of-way or adjoining public property, or the public improvement located thereon, therein, or thereunder, the permittee shall promptly, at its own expense, and in a manner acceptable to the town, restore the surface or subsurface of the rights-of-way or

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public property, or repair or replace the public improvement thereon, therein, or thereunder, in as good a condition as before such damage or disturbance. If such restoration, repair or replacement of the surface, subsurface, or any structure located thereon, therein, or thereunder is not completed within a reasonable time, or such repair or replacement does not meet town standards, the town shall have the right to perform the necessary restoration, repair, or replacement, either through its own forces, or through a hired contractor, and the occupant agrees to reimburse the town for its expense in so doing within 30 CALENDAR days after receipt of the invoice therefor.

b. The permittee shall reimburse the town for all costs arising from the reduction in the service life of any public road or pavement damage, to the extent required by any other town ordinances, resulting from pavement cuts of permittee. Permittee agrees to pay such costs within 30 CALENDAR days from the date of issuance of an invoice from town.

(14)(13) Relocation of facilities.

a. General. The town shall not bear any cost of relocation of existing facilities, irrespective of the function served, where the town facilities or other facilities occupying the rights-of-way or utility easement under authority of a town permit, license, or franchise which must be relocated, are already located in the rights-of-way and the conflict between the permittee's potential facilities and existing facilities can only be resolved expeditiously as determined by the town by the movement of the existing town or other approved facilities.

b. Delay. If permittee's relocation effort so delays construction of a public project causing the town to be liable for delay damages, the permittee shall reimburse the town for those damages attributable to the delay created by the permittee.

c. Town costs. Except as otherwise provided in a license, franchise, or permit, or by other provision of law, the entire cost of relocation shall be borne by the town if the permittee is required by the town to relocate facilities which are located in private easements obtained by the permittee prior to the dedication of the public street or easement from which the facilities must be relocated. These prior rights of the permittee would also be unaffected by any subsequent relocation. "Prior rights" as used in this subsection means private easement rights obtained by the permittee prior to the dedication of the streets or public ways from which the facilities are requested by the town to be relocated. In the case of a facility that serves multiple purposes, the prior rights must extend to all uses for this exception to apply.

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(15)(14) Conflict with designated future freeway corridors.

a. The town engineer shall maintain in his office a map depicting the boundaries of designated future freeway corridors within the town.

b. Any permittee proposing to install, construct, erect, replace, or relocate facilities within the boundaries of a designated future freeway corridor shall comply with the provisions of this paragraph.

c. The town engineer shall establish the locations of rights-of-way within future freeway corridors in the town in which facilities shall be permitted to be installed, constructed, erected, replaced, or relocated ("permitted crossings"). The town engineer shall maintain in his office a description of permitted crossings as a permanent record in a document entitled "Permitted Crossings of Designated Future Freeway Corridors." This document shall be updated at least every six months.

d. A permittee proposing to install, construct, erect, replace, or relocate facilities in a public right-of-way or utility easement which is within a designated future freeway crossing shall place such facilities only in permitted crossings, unless the Arizona Department of Transportation authorizes a different location for the facilities. Other than in permitted crossings, all applications to install, construct, erect, replace, or relocate facilities in a public right-of-way or utility easement within a designated future freeway corridor must be reviewed and approved by the town engineer and the Arizona Department of Transportation.

(16)(15) Rights reserved to town. Without limiting the rights that the town might otherwise have, the town hereby expressly reserves the following rights, powers and authorities:

a. To exercise its governmental powers now or hereafter to the full extent that such powers may be vested in or granted to the town.

b. To determine any question of fact relating to the meaning, terms, obligations, or other aspects of this chapter and the instruments issued under this chapter.

c. To grant multiple, nonexclusive licenses, franchises, licenses, or permits within the town to other persons.

(17)(16) Town police power; continuing jurisdiction.

a. Police power. The permittee shall at all times be subject to all lawful exercise of the police power by the town, including any and all ordinances, rules, or regulations which the town has adopted or may adopt, and all laws, rules, regulations, order, and policies of the state and the United States government. Any conflict between

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the provisions of this section and other provisions of the Town Code, the stricter requirement shall apply.

b. Continuing jurisdiction. The town shall have continuing jurisdiction and supervision over any facilities located within or on town rights-of-way or utility easements. However, it is recognized that the daily administrative, supervisory, and enforcement responsibilities of the provisions of this section and any license or franchise shall be delegated and entrusted to the town manager or director of public works to interpret, administer, and enforce the provisions of this section, and to promulgate standards regarding the construction, reconstruction, relocation, maintenance, dismantling, abandonment, or use of the facilities within the town rights-of-way.

(18)(17) Violation. From and after the effective date of this section, it shall be unlawful for any person to occupy the streets and public ways unless the person is in compliance with the provisions of this section and any other applicable ordinance, license, franchise or requirement.

(Code 1984, § 7-8-1; Ord. No. 1143, § I, 1-19-99; Ord. No. 1798, § I, 7-11-06; Ord. No. 2553, § I , 8-27-15)

* * * *

The Code of Gilbert, Arizona, Chapter 10 Buildings and Construction Regulations, Article II Technical Codes, Section 10-41 Reserved, is hereby amended to read as follows (additions in ALL CAPS; deletions in strikeout):

Sec. 10-41. – Reserved ADOPTION OF THE STANDARDS FOR ENCROACHMENT OF STRUCTURES INTO THE PUBLIC RIGHT-OF-WAY.

THAT CERTAIN DOCUMENT, THREE COPIES OF WHICH ARE ON FILE IN THE OFFICE OF THE TOWN CLERK BEING MARKED AND DESIGNATED AS THE "STANDARDS FOR ENCROACHMENT OF STRUCTURES INTO THE PUBLIC ROW" AS MAY BE AMENDED BY THE DIRECTOR OF DEVELOPMENT SERVICES IS HEREBY ADOPTED AS A CODE OF THE TOWN AND IS HEREBY REFERRED TO AND MADE A PART HEREOF AS THOUGH FULLY SET FORTH IN THIS SECTION.

The Code of Gilbert, Arizona, Chapter 10 Buildings and Construction Regulations, Article X Encroachment Permits for Public Rights-of-Way, Section 10-325 Definitions, is hereby amended to read as follows (additions in ALL CAPS; deletions in strikeout):

Sec. 10-325. - Definitions.

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The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Encroachment AS USED IN THIS ARTICLE means construction, reconstruction, repair, alteration, or grading within the public rights-of-way An application for a permit shall be filed with the town engineer and shall include an object, structure or other thing in the public right-of-way of the town. "Encroachment" AS USED IN THIS ARTICLE does not include the use of the public rights-of-way by vehicles, bicycles or other means of transport governed by Title 28, Arizona Revised Statutes.

Public right-of-way AS USED IN THIS ARTICLE means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the general public for street, highway, alley, public utility, pedestrian walkway or landscape purposes.

The Code of Gilbert, Arizona, Chapter 19 Telecommunications Service, Section 19-1 Purposes and Findings, is hereby amended to read as follows (additions in ALL CAPS; deletions in strikeout):

Sec. 19-1. - Purposes, and findings, INTENT, AND APPLICABILITY.(a) PURPOSE. The purpose of this chapter is to establish policy governing

the management of public highways for the provision of telecommunications services to enable the town to:

(1) Issue licenses and franchises to telecommunications corporations who use the public highways to provide telecommunications services on a competitively neutral and nondiscriminatory basis, except in cases where state law forbids establishment of a license or franchise requirement; and

(2) Manage the public highways in order to minimize the impact and cost to town citizens of the placement of telecommunications facilities within public highways; and

(3) Manage the public highways so as to maximize their efficient use, thereby minimizing the foreclosure of future additional uses of such rights-of-way; and

(4) Provide for the compensation for the commercial use of public highways to provide telecommunications services; and

(5) Minimize congestion, inconvenience, visual impact, and other adverse effects from such use on the town's public highways.

(b) FINDINGS. The town council finds that the town's public highways constitute a valuable public asset:

(1) Having been acquired and maintained by the town over many years at great taxpayer expense;

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(2) Providing uniquely valuable property that private telecommunications providers may wish to use for profit-making purposes that may not necessarily benefit all the residents of the town;

(3) Representing public investments for which the taxpayers are entitled to a fair monetary return on the town's past and future investment in the town's infrastructure; and

(4) Comprising significant assets, which the town must manage as a public fiduciary trust to enhance the public health, safety, and welfare.

(c) INTENT. Therefore, the town council intends:

(1) To ensure that locally elected officials manage local public highways consistent with their fiduciary trust obligations;

(2) To ensure compliance with public health, safety, and welfare measures for public highways;

(3) To encourage public-private partnerships to provide telecommunications facilities needed for the most cost-effective delivery of public services, including schools, libraries, police and fire protection, as well as private services;

(4) To conserve the limited physical capaTown of the public highways held in public trust by the town; and

(5) To assure that the town's current and ongoing costs of granting and regulating private access to and use of the public highways are fully paid by the persons seeking such access and causing such costs.

(D) APPLICABILITY. CHAPTER 19 OF THE GILBERT TOWN CODE AND THE LAND DEVELOPMENT CODE SHALL GOVERN THE MANAGEMENT AND USE OF PUBLIC HIGHWAYS WITHIN THE TOWN OF GILBERT FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES EXCEPT THAT THE USE OF TOWN RIGHTS-OF-WAY AND PUBLIC UTILITY EASEMENTS RELATED TO SMALL WIRELESS FACILITIES SHALL BE GOVERNED BY CHAPTER 10 OF THE GILBERT TOWN CODE.

Section II. Providing for Repeal of Conflicting Ordinances.

All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are hereby repealed.

Section III. Providing for Severability.

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If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any part of the Code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof.

Section IV. Providing for Civil Sanctions.

Any person found responsible for violating this Ordinance shall be subject to the civil sanctions and habitual offender provisions set forth in Section 1-5 of the Gilbert Municipal Code. Each day a violation continues, or the failure to perform any act or duty required by the Municipal Code or by the Town of Gilbert Municipal Court continues, shall constitute a separate civil offense.

PASSED AND ADOPTED by the Common Council of the Town of Gilbert, Arizona, this _____ day of _______________, 2017, by the following vote:

AYES: ________________________________________________________________

NAYES: ________________________ ABSENT: __________________________

EXCUSED: ______________________ ABSTAINED: ______________________

APPROVED this ____ day of __________________, 201_.


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ATTEST:

________________________________________Lisa Maxwell, Town Clerk


________________________________________Christopher W. Payne, Town Attorney

I, LISA MAXWELL, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE ORDINANCE NO. _______ ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF GILBERT ON THE ____ DAY OF _____________, 201_, WAS POSTED IN FOUR PLACES ON THE _____ DAY OF ______________, 201_.


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Exhibit ASTANDARDS FOR ENCROACHMENT OF STRUCTURES

INTO THE PUBLIC RIGHT-OF-WAY

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Exhibit B

SAMPLE SITE LICENSE FORM

THIS SITE LICENSE (the “Site License”) is made and entered into this day of , 20 , by and between the Town of Gilbert, an Arizona municipal corporation (“Town”), and_____________________________________, a __________________________(“Provider”).

RECITALSA. The Town of Gilbert “Terms and Conditions for Wireless Facilities On, Below Or

Above Town-Owned Rights-of-Way” incorporated herein by this reference sets out various terms and conditions that govern this Site License (collectively the “Terms and Conditions”).

B. The Town of Gilbert “Standards for Encroachment of Structures into the Public ROW” incorporated herein by this reference (collectively the “Standards”) also govern the uses and facilities contemplated herein.

B. Town holds an interest in Town rights-of-way (the “ROW”) located approximately __________ feet ____________ of the center of the intersection of ____________________________ and _____________________________________________.

C. This Site License allows Provider to use certain limited portions of the ROW.D. The portions of the ROW that this Site License allows Provider to use (the “Use

Areas”) are defined in the package of maps and related materials (the “Boundary Plan”) attached hereto as Exhibit “1”.

E. Provider desires to install and operate on the Use Areas the wireless facilities receiving, processing and transmitting devices and related electronic equipment that is specified on the Site Plan (the “Facilities”) subject to the requirements of this Site License. Facilities are limited to the actual electronic equipment, portable cabinets for such equipment, the enclosure, the antennas (“Antennas”) used to communicate with cell phones and similar devices, all as shown on the drawing (the “Site Plan“) attached hereto as Exhibit “2”. Notwithstanding anything in this Site License to the contrary, the Facilities excludes any item not shown on the Site Plan.

F. The volume of the Building or Equipment Enclosure and the above ground portion of its pad as shown in the Site Plan is _____________ cubic feet.

G. The ROW is currently improved with an approximately _________ foot tall [traffic signal] [street light] [antenna support] pole (the “Pole”) owned by Town (“Pole Owner”).

H. [FOR TOWN-OWNED POLE] Provider proposes to [use the existing Pole] [replace the existing Pole] with a new Pole that Town (“Pole Owner”) will own.

I. [FOR THIRD-PARTY POLE] Provider has entered into a certain _____________________________________ (the “Pole Antenna Agreement”) with Pole Owner dated _____________________, 20_____ whereby Provider has obtained permission from Pole Owner to use the existing Pole in the manner described in this Agreement, or Provider proposes to replace the existing Pole with a new Pole that Pole Owner will own.

J. [FOR POLE OWNED BY PROVIDER] Provider proposes to install an approximately _________ foot tall wireless support structure (the “Pole”) owned by Provider (“Pole Owner”).

K. Provider desires to construct supporting improvements and perform all other work to install the Facilities as shown on the Site Plan (collectively the “Project”).

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L. Provider shall complete the entire Project and put the Facilities in full operation no later than one hundred eighty (180) days after the date of this Site License (the “Completion Deadline”).

M. Town desires to grant to Provider a license to install, maintain, operate, and repair the Facilities (the “Permitted Uses” as further defined in the Terms and Conditions) subject to the requirements of this Agreement.

N. The Terms and Conditions Recitals are all incorporated here by reference as if set out in full.

NOW, THEREFORE, for and in consideration of the foregoing, the amounts hereinafter to be paid by Provider, and the covenants and agreements contained herein to be kept and performed by Provider, and other good and valuable consideration, Town and Provider agree as follows:

LICENSE TERMS1. License Terms. Subject to the Terms and Conditions, Standards, and this Site License, the

Town hereby grants to Provider a license to use the Use Areas depicted in Exhibit 2.2. Terms and Conditions Incorporated. The Terms and Conditions are all incorporated here by

reference as if set out in full. PROVIDER WARRANTS AND REPRESENTS THAT PROVIDER HAS READ AND AGREES TO THE STANDARDS AND THE TERMS AND CONDITIONS. Capitalized terms used but not defined in this Site License shall have the meanings assigned by the Terms and Conditions.

3. Terms and Conditions Application. Provider shall comply with all of the Terms and Conditions. Without limitation, the Terms and Conditions shall apply to the Use Areas as follows:

(a) Provider’s Boundary Plan Responsibility. It is Provider’s responsibility before signing this Site License to ensure that the Boundary Plan is prepared as follows:

(ii) Provider shall insure that the Boundary Plan clearly depicts all portions of the ROW that Provider desires to use and that each such area is clearly shown on the Boundary Plan and labeled to indicate clearly which of the categories of Exclusive Areas or Shared Areas set out in the Terms and Conditions applies to the area.(ii) If the Boundary Plan does not clearly show any portion of the ROW as one of the categories of Exclusive Areas or Shared Areas set out in the Terms and Conditions, then such portion of the ROW is not part of the Use Areas and Provider may not use such portion of the ROW, even if the use is discussed in the Terms and Conditions.(iii) Any Exclusive Area or Shared Area described or named in the Terms and Conditions that is not depicted and labeled clearly and correctly on the Boundary Plan is excluded from this Site License and is unavailable for Provider’s use.(iv) Any portion of the Boundary Plan or the Site Plan that indicates a Provider use of the ROW that is not one of the Exclusive Areas or Shared Areas specifically enumerated in the Terms and Conditions is excluded from this Site License and not available for Provider’s use.(v) All work, improvements and equipment within an Exclusive Area or Shared Area is limited to the purposes enumerated in the Terms and Conditions for that particular Exclusive Area or Shared Area.

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(vi) This Site License does not allow use of any land other than the specified portions of the ROW that are Exclusive Areas or Shared Areas.(vii) Any change to the Boundary Plan after Town executes this Site License is void unless memorialized in a formal written amendment to this Site Amendment.

(b) Provider’s Site Plan. It is Provider’s responsibility before signing this Site License to ensure that the Site Plan correctly shows the work that Provider intends to perform, that the Site Plan correctly shows all improvements and equipment that Provider intends be located on the Use Areas, that the Site Plan shows no work, improvements or equipment outside the Exclusive Areas and Shared Areas properly depicted and labeled on the Boundary Plan, and that all work, improvements and equipment is encompassed within the purposes enumerated in the Terms and Conditions for that particular Exclusive Area or Shared Area. Any work, improvements or equipment not conforming to all the foregoing is prohibited, even if it is clearly shown on the Site Plan or discussed in the Terms and Conditions. Any refinement or other change to the Site Plan after Town executes this Agreement is void unless Provider obtains Provider’s approval of the change pursuant to the plans approval processes set out in the Terms and Conditions and pursuant to all applicable regulatory requirements.

4. Term of Agreement. The term of this Site License is as stated in the Terms and Conditions.5. Provider’s Payments. Provider shall pay to Town the amounts described in the Terms and Conditions.6. Use Restrictions. Provider shall comply with the use restrictions set out in the Terms and Conditions.7. Permits. This Site License constitutes a Permit under Chapter 10 of the Gilbert Town Code to the extent of granting permission for the Facilities to exist on the ROW but not to allow any construction or other work of any description in the right-of-way or to allow obstruction of traffic or alteration of Town’s improvements. Before performing any work on the Right-of-way, Provider shall obtain the additional permits required by Chapter 10 of the Gilbert Town Code, as deemed applicable by Town including but not limited to permits regarding work in the right-of-way.8. Compliance with Law. Provider acknowledges that this Site License does not constitute, and Town has not promised or offered, any type of waiver of, or agreement to waive (or show any type of forbearance, priority or favoritism to Provider with regard to) any law, ordinance, power, regulation, tax, assessment or other legal requirement now or hereafter imposed by the Town of Gilbert or any other governmental body upon or affecting Provider’s use of the ROW. For example, Provider shall comply with all building and right-of-way codes, ordinances, and policies.9. Provider’s Initial Information. Unless and until Provider gives notice otherwise:

(a) Provider’s network operations center phone number is:

(_____) ________-______________.

(b) Provider’s address for notices:

______________________________________________

______________________________________________

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______________________________________________

(c) Provider’s billing address for routine billing invoices:

______________________________________________

______________________________________________

______________________________________________

EXECUTED as of the date first given above.

TOWN: TOWN OF GILBERT, an Arizona municipal corporation

_________________________________________Kyle Mieras, Director of Development Services

PROVIDER: _______________________________________________

a ______________________________________________

By: _________________________________________

_________________________________________

Its: ____________________________________________

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TABLE OF EXHIBITS FOR SAMPLE SITE LICENSE

Exhibit Description

1 Boundary Plan

2 Site Plan

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Exhibit C

TERMS AND CONDITIONS FOR WIRELESS FACILITIES ON, BELOW OR ABOVE TOWN RIGHTS-OF-WAY

I. The Common Council of the Town of Gilbert has adopted the following TERMS AND CONDITIONS FOR WIRELESS FACILITIES ON, BELOW OR ABOVE TOWN RIGHTS-OF-WAY (the “Terms and Conditions”) to govern all work conducted on, upon, below or above a Town-owned right-of-way or public utility easement as provided in section 10-5(e) of the Gilbert Town Code (“Work”). Amendments to these Terms and Conditions shall require the approval of the Town Council.

RECITALS

II. The Town, in its governmental capacities, owns or holds a legal interest in its roadways, streets, sidewalks, alleys, utility easements, and all other areas and facilities of the Town (collectively the “ROW”).

III. The Town has exclusive control of the ROW pursuant to A.R.S. §§ 9-240, 9-276, and 9-582 and is responsible for managing said ROW.

IV. Various laws authorize the Town to grant, renew, deny, amend, and terminate permits and otherwise regulate ROW activities, including but not limited to the Town’s police powers, governmental powers and authority over its rights-of-way; the Gilbert Town Code and associated technical codes and standards; the Town of Gilbert Land Development Code; the Constitution of the State of Arizona; state laws, including but not limited to A.R.S. §§ 9-581-583 and 9-591-599; and, other applicable federal, state, and local laws, rules, and regulations.

V. These Terms and Conditions seek to provide uniform regulations, promote administrative efficiency, protect the health, safety, and welfare of the public, and preserve the value, functions, and physical integrity of publicly owned property and assets.

VI. These Terms and Conditions become effective as to a particular site as they are incorporated by reference in each executed Site License for each site. The form of each Site License shall be as prepared and approved by the Town Attorney. A sample form of the Site License is attached hereto and incorporated herein as Exhibit A. Except as otherwise stated herein, each Site License stands on its own.

VII. Because the Town’s existing streetlight poles and traffic signal poles are not designed to safely support the additional weight and stress of Facilities, Providers shall be required to provide poles designed to support these facilities to replace existing poles prior to attaching Facilities.

DEFINITIONS SPECIFIC TO THE TERMS AND CONDITIONS

1. “Affiliate” means each person or entity that falls into one or more of the following categories: (a) each person or entity having, directly or indirectly, a controlling interest in Provider; (b) each person or entity in which Provider has, directly or directly, a controlling interest; and (c) each person or entity that, directly or indirectly, is controlled by a third party that also directly or indirectly controls Provider. “Affiliate” shall in no event mean a creditor of

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Provider solely by virtue of its status as a creditor and which is not otherwise an Affiliate by reason of owning a controlling interest in, being owned by, or being under common ownership, common management, or common control of Provider.

2. “Antenna(s)” shall have the same meaning as in the Standards. 3. “Assignment” or “Transfer” means any transaction whereby the rights and/or

obligations held by Provider under a Site License are transferred, directly or indirectly, to a party other than Affiliate. An “Assignment” does not include a mortgage, pledge or other encumbrance as security for money owed.

4. “Application” means the Town form as set forth in Section 10-5 of the Gilbert Town Code and contains all the documentation and information required by the Town to support approval of the request including but not limited to a site plan, vicinity map and boundary plan, Utility Clearance letter, RF Letter, title report of the use area, elevations, technical specifications, and the cubic feet of the non-antenna wireless equipment. Only sites that do not have a new or a replacement pole required for the antennas, and do not have any underground cables, conduit, and foundations, are eligible for batch processing of the applications.

5. “Authority Utility Pole” or “Town Pole” means a traffic signal pole or light pole and its associated facilities owned or operated by the Town. Town Pole does not include a WSS, nor does it include a utility pole for electric distribution.

6. “Competing Users,” means entities that own the water pipes, cables and wires, pavement, and other facilities that may be located within the ROW. The Competing Users include without limitation, the Town, the State of Arizona and its political subdivisions, the public, and all manner of utility companies and other existing or future users of the Use Areas.

7. “Equipment Cabinet or Building” shall mean as defined in the Standards.8. “Facility” or “Facilities” means any third-party structure, system, equipment,

improvement, or facility, including but not limited to small wireless facilities and associated equipment, Antennae, Equipment Cabinet or Building, cable, wire, conduit, screen wall, improvement, radio transceivers, power supplies, and other structural elements.

9. “FCC” means the Federal Communications Commission.10. “FCC Rules” means all applicable radio frequency emissions laws and regulations.11. “FCC OET Bulletin 65” means the FCC’s Office of Engineering & Technology

Bulletin 65 that includes the FCC Radio Frequency Exposure Guidelines.12. “Indemnified Parties” shall mean the Town of Gilbert and its officers, employees,

contractors, agents, representatives, and their respective successors and assigns.13. “Permit” means a permit issued pursuant to Chapter 10 of the Gilbert Town Code

that allows the Provider to perform work in the ROW and to install and operate improvements in the ROW.

14. “Permitted Uses” means a installation, mounting, construction, reconstruction, repair, alteration, operation or replacement activities install, mount, construct, reconstruct, alter, replace, remove, modify, operate, maintain, and repair the facilities in accordance with the Terms and Conditions and the Site License.

15. “Provider” means the entity that holds a valid Site License and permit with the Town to use the ROW as provided herein.

16. “Radio Frequency (RF) Emissions” means any electromagnetic radiation or other communications signal emitted from an Antenna or Antenna-related equipment on the ground, Antenna-supporting structure, building, or other vertical projection.

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17. “RF Letter” means a letter from the Provider’s senior internal engineer that attests to the Provider’s compliance with FCC RF exposure guidelines.

18. “Right of Way” or “ROW” for the purpose of these Terms and Conditions shall mean the area on, below or above a Town roadway, street, sidewalk, alley or public utility easement. ROW does not include a federal interstate highway, a state highway or state route under the jurisdiction of the department of transportation, a private easement, property that is owned by a special taxing district formed pursuant to A.R.S. title 48, chapters 11-12, 17-20 or 22, or a utility easement that does not authorize the proposed deployment .

19. “Site License” means the revocable, nonexclusive license executed by the Town and the Provider. A Site License does not create or confer any interest in real or personal property.

20. “Small Wireless Facility” or “SWF” shall have the same meaning 21. “Standards” means the Council-adopted “Standards for encroachment of

structures into the public ROW” as amended. 22. “Use Area” means the specific area subject to the Site License.23. “Utility Clearance Letter” is a letter in the form prescribed by the Town that

describes all utilities in the proposed Use Area and attesting that all necessary clearances have been obtained from utility companies for utilities that are either in conflict or potentially in conflict with the Permitted Uses.

24. “Wireless Support Structure” or “WSS” shall mean as defined in the Standards.

TERM

25. Term; Extensions. The original term of each Site License shall be for a period of ten (10) years commencing on the effective date stated herein. The term of each Site License may be extended for additional ten (10) year periods subject to consent by Town and Provider. Both Town and Provider shall be deemed to have consented to extend unless Town or Provider provides written notice to the contrary at least ninety (90) days prior to the end of the then-current term.

26. Holding Over. In any circumstance whereby Provider remains in possession or occupancy of a Use Area after the expiration or termination of the Site License, such holding over shall not be deemed to operate as a renewal or extension of the Site License.

27. Early Termination. Provider may terminate a Site License at any time upon service of sixty (60) calendar days prior written notice to Town. In the event a Provider exercises this option, Provider shall be subject to all obligations in these Terms and Conditions to restore and rehabilitate all Town Poles and ROW used for Facilities to their former condition and utility.

28. Revocation by Town. If Provider defaults under these Terms and Conditions or the Site License, the Town may terminate the Site License subject to Provider’s ability to cure said defaults. The Town’s right to terminate a Site License for Provider’s default is cumulative of all its rights and remedies that exist now or in the future. If a default occurs, the Director of Development Services shall deliver a written notice to Provider describing the default and the proposed termination date. If the Director of Development Services sends a default notice, the Provider shall have sixty (60) calendar days from the receipt of such notice to cure the default unless otherwise agreed to by the Director of Development Services. If Provider fails to cure the

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default in the time and manner required by the Town, the Director of Development Services may immediately terminate the Site License by notifying Provider in writing of such termination and Facilities shall constitute unauthorized work within the right-of-way subject to the penalties herein and in the Gilbert Town Code. After receiving the notice, Provider shall immediately cease operations and remove Facilities as directed by the Director of Development Services and Provider shall remit any payment due within thirty (30) calendar days of the receipt of the Town’s notice. Default by Provider includes, but is not limited to:

a. Failure of the Provider to comply with any material term of this Agreement, including but not limited to any term relating to safety or the payment of fees;

b. Provider becomes insolvent;c. The Provider’s failure to obtain all required permits, permits, and certification and

pay all fees and taxes associated therewith;d. All or a substantial part of Provider’s assets are assigned for the benefit of its

creditors;e. A receiver or trustee is appointed for Provider; orf. Provider fails to install any facility under the Site License within one (1) year of

execution of the Site License.29. Obligations upon Termination or Expiration of Permit. Within thirty (30)

calendar days after termination or expiration of the Site License, Provider shall commence removal of all of Facilities from ROW and peaceably surrender the permitted location to the Town in the same condition the ROW was in on the date the Site License was executed, excepting ordinary wear and tear. Removal obligations under this Section must be completed no later than 180 calendar days from the date of termination or expiration of the Site License. If Provider fails to begin removal on or before the 30th day after the Site License expires or terminates, or fails to complete removal within the required 180 days, the Town may remove, store or dispose of any remaining portion of Facilities in any manner the Town Engineer deems appropriate. Within thirty (30) calendar days after Provider’s receipt of the Town’s written reimbursement request and invoice, Provider shall reimburse the Town for the costs incurred by the Town in connection therewith (including any reasonable overhead and storage expenses). The obligations herein shall survive the termination or expiration of the Permit.

30. Removal Required After Revocation. Within thirty (30) calendar days after the date of the notice of revocation, Provider shall commence removal of the Facilities and peaceably surrender the permit location to Town in the same condition the ROW was in on the date the Site License was executed, excepting ordinary wear and tear. If Provider fails to complete removal within ninety (90) calendar days, the Town may remove, store or dispose of any remaining portion of the Facilities in any manner the Town Engineer deems appropriate. Provider shall, within thirty (30) calendar days after receipt of the Town’s written request and invoice, reimburse the Town for all costs incurred by the Town in connection therewith (including any reasonable overhead and storage expenses). The obligations herein shall survive the revocation of a Permit.

USE RESTRICTIONS AND OBLIGATIONS

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31. Use Restrictions. Provider's use and occupation of the Use Area shall in all respects conform to all and each of the following cumulative provisions:

a. Permitted Uses. Provider shall use the Use Area solely for the Permitted Uses and shall conduct no other activity at or from the Use Area.

b. Small Wireless Facility. Provider may install a Small Wireless Facility as defined herein.c. Operations Restriction. Provider shall not install, operate, or allow the use of equipment,

methodology or technology that interferes or is likely to interfere with the optimum effective use or operation of the Town’s existing or future fire, emergency or other Facilities, methodology or technology (i.e., voice or other data carrying, receiving or transmitting equipment). If such interference should occur, Provider shall immediately discontinue using the equipment, methodology or technology that causes the interference until Provider takes corrective measures to eliminate such interference. Any such corrective measures shall be made at no cost to Town. Should any change affect the content of the RF Letter provided to Town, Provider shall notify Town and provide an updated RF Letter. Provider’s failure to comply with this section shall constitute a material breach by the Provider and Town shall have the right to terminate the Site License without fault.

d. Other Equipment. Provider shall not disturb or otherwise interfere with any other antennas or other equipment Town may have already installed or may yet install in or around ROW.

e. Compliance verification. Provider shall also evidence and demonstrate its compliance with the FCC Rules in such manner and at such intervals as the Gilbert Town Code and other applicable laws and regulations may mandate.

f. Safety. To perform duties necessary as owner and manager of the ROW, the Town and its employees, agents, and representatives must have uninterrupted and safe access to the ROW and all structures located thereon. Provider must also comply with at least one of the following safety protocols at its sole cost and expense to help ensure the safety of those working on or near Facilities:

i. Provider shall provide Town with access to a kill switch for each Small Wireless Site so Town’s employees, agents, or authorized representatives can turn off all power to the Facilities while Town work is performed at the location; or

ii. Within 48 hours of Town’s request, Provider shall cause a technician with an RF monitor to confirm to Town that all RF emitting equipment have, in fact, been deactivated, and to install all appropriate lockout tags and devices.

g. Signs. All signage is prohibited except as otherwise required by the Town or by law. i. The location, size, content and style of each sign shall be subject to the provisions of

the applicable sign ordinance and shall comply with the Town’s sign programs as the same may change from time to time.

ii. Provider shall update signs as required to comply with changes in the applicable sign ordinance and sign programs.

iii. Provider shall design, make, install and maintain all signage in a first class, professional manner without broken panels, faded or peeling paint or other damage.

iv. Provider shall bear all costs pertaining to the erection, installation, operation, maintenance, replacement and removal of all signs including, but not limited to, the application for and obtaining of any required building or other permits regardless of the reason for any such activity, even if such activity is required by Town pursuant to these Terms and Conditions.

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v. The requirements of this subsection apply to all signs, designs, monuments, decals, graphics, posters, banners, markings, and other manner of signage.

h. Provider’s Lighting. Except for security lighting operated with the Town’s prior approval, Provider shall not operate any lights at the Use Areas.

i. Noise. Except as provided under the Site License and for burglar alarms and for other safety devices, all uses and facilities shall comply with the Gilbert’s noise-related ordinances and regulations.

j. Limited Access. Provider is solely responsible for keeping unauthorized persons from accessing Facilities.

k. Standards of Service. Provider shall operate the Use Areas in a first-class manner, and shall keep the Use Areas attractively maintained, orderly, clean, neat and tidy at all times. Provider shall not allow any person or persons in or about the Use Areas related to Provider’s operations who shall fail to be clean, courteous, efficient, and neat in appearance.

l. Provider's Agent. Provider shall at all times retain on call available to Town by telephone an active, qualified, competent and experienced person to supervise all activities upon the Use Areas and operation of the Facilities and who shall be authorized to represent and act for Provider in matters pertaining to all emergencies and the day-to-day operation of the ROW and all other matters affecting approved Site License. Provider shall also provide notice to Town of the name, street address, electronic mail address, and regular and after hours telephone number of a person to handle Provider's affairs and emergencies at the Right-of-way. Any change shall be given in writing to Town’s Regulatory Affairs Manager in the manner stated for notices required herein.

m. Coordination Meetings. Provider shall meet with Town and other ROW users from time to time as requested by Town to coordinate and plan construction on the Use Areas and all matters affected by these Terms and Conditions. Without limitation, Provider shall attend Town’s scheduled utility planning meetings.

n. Secondary Power Supply. Subject to the Site License and at Provider’s sole cost, the Town Engineer may allow secondary power supply (generator or battery, permanent or temporary) to be located on the Town Pole and/or in the ROW.

o. Compliance. Provider shall comply with any necessary building, traffic control, ROW management requirements, non-Town utility permits, other permits as required, and other regulatory requirements that apply to Facilities. Installation and construction of Facilities shall be in compliance with the requirements herein and the Standards. All work in the ROW will be performed only by Provider and its contractors/subcontrators and will be performed substantially in compliance with the Gilbert Town Code, Standards, applicable Town policies as amended, Gilbert’s Standards for Encroachment of Structures into the Public ROW, Gilbert’s Engineering and Design Standards and Technical Specifications, Gilbert’s Standards for Encroachment of Structures into the Public ROW National Electric Code (NEC), National Electric Safety Code (NESC), OSHA regulations, compliance with the FCC Radio Frequency Exposure Guidelines (FCC OET Bulletin 65) and all other applicable radio frequency emissions laws and regulations as may be amended from time to time. Provider shall keep fully informed of and comply with all federal and state laws, county and local ordinances, regulations, codes and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any way affect the conduct under the Site License; this includes, but is not limited to, the

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Occupational Safety and Health Administration (“OSHA”) and the Fair Labor Standards Act (“FLSA”). Provider shall protect and indemnify Gilbert and its representatives against any claim or liability arising from or based on the violation of such, whether by Provider or its employees or subcontractors.

p. Toxic Substances. Provider’s activities upon or about the Use Areas shall be subject to the following regarding any hazardous or toxic substances, waste or materials or any substance now or hereafter subject to regulation under the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq., the Arizona Hazardous Waste Management Act, A.R.S. §§ 49-901, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. §§ 2601, et seq., or any other federal, state, county, or local law pertaining to hazardous substances, waste or toxic substances and their reporting requirements (collectively “Toxic Substances”): (i) Provider understands the hazards presented to persons, property and the environment by dealing with Toxic Substances. Town has made no warranties as to whether the Use Areas contain actual or presumed asbestos or other Toxic Substances; and (ii) Within twenty-four (24) hours after discovery by Provider of any Toxic Substances, Provider shall report such Toxic Substances to Town in writing. Within fourteen (14) days thereafter, Provider shall provide Town with a written report of the nature and extent of such toxic substances found by Provider.

i. Prior to undertaking any construction or other significant work, Provider shall cause the Use Areas to be inspected to prevent disturbance of potential asbestos or other Toxic Substances. Prior to any work of any description that bears a material risk of disturbing potential asbestos or other Toxic Substances, Provider shall cause the contractor or other person performing such work to give to Town notice by the method described in these Terms and Conditions to the effect that the person will inspect for Toxic Substances, will not disturb Toxic Substances, and will indemnify, defend and hold Town harmless against any disturbance in Toxic Substances in the course of the contractor’s or other person’s work. Provider shall cause any on-site or off-site storage, inspection, treatment, transportation, disposal, handling, or other work involving Toxic Substances by Provider in connection with the Use Areas to be performed by persons, equipment, facilities and other resources who are at all times properly and lawfully trained, authorized, licensed, permitted and otherwise qualified to perform such services. Provider shall promptly deliver to Town copies of all reports or other information regarding Toxic Substances.

ii. Provider’s failure to comply with this section shall constitute a material breach by the Provider and Town shall have the right to terminate the Site License without fault.

q. Required Operation. During the entire term of each Site License and any renewals or extensions, Provider shall actively and continuously operate the Facilities twenty-four (24) hours a day, seven (7) days a week, for the Permitted Uses. Notwithstanding anything contained in this paragraph to the contrary, the operation requirements of this section shall be effective commencing on the earlier of completion of the Project or the Completion Deadline as defined in te Site License and shall continue through the date the Site License terminates or expires for any reason. In the event of relocation of the Facilities or damage to the Use Areas severe enough Facilities cannot reasonably be

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operated during repairs, the operation requirements of this paragraph shall be suspended during the time specified by these Terms and Conditions for accomplishing repair of such damage to relocation of the Facilities. Provider may temporarily cease operating the Facilities for short periods necessary to test, repair, service or upgrade the Facilities.

r. Actions by Others. Provider shall be responsible to ensure compliance with these Terms and Conditions by all persons using the Right-of-way through or under Provider or these Terms and Conditions.

s. Lien-Free. Provider shall cause all construction to occur lien-free and in compliance with all applicable laws and ordinances. If any lien is filed against Town property due to acts or omissions of a Provider or its employees, agents or contractors, the Provider shall discharge the lien or bond the lien off in a manner reasonably satisfactory to Town within thirty (30) calendar days after Provider receives written notice that the lien has been filed.32. Assumption of the Risk. Provider assumes all risk, costs, and expenses related to

the Facilities and loss of service that may occur due to damage, destruction or collapse of any Town Pole or due to any incompatibility of Provider’s use with Town’s use, or another user’s use, of the Town Poles. Provider shall be solely responsible for the relocation of any Facilities placed on a structure or property not owned by Town or wrongly designated as an Town Pole and/or ROW at any time.

33. Express Disclaimer. TOWN EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS. TOWN ALSO EXPRESSLY DISCLAIMS THE ABSENCE OF HAZARDOUS CONDITIONS ASSOCIATED WITH THE TOWN-OWNED FACILITIES, TOWN POLES, AND ROW. TOWN MAKES AVAILABLE TOWN-OWNED FACILITIES, TOWN POLES, AND ROW IN “AS IS” CONDITION.

PAYMENTS AND OBLIGATIONS34. Provider’s Payments. Provider shall pay to Town all fees and rates pursuant to

the “Application Fees And Annual Rates For Wireless Facilities In Town Right-Of-Way” (“Rates and Fees”) at the times and in the amounts specified by Town, and all other amounts as required by these Terms and Conditions, the Site License, and Gilbert Town Code.

35. Late Fees. Should any of the Rates and Fees not be paid on or before the date due, a late fee shall be added to the amount due in the amount of the greater of ten percent (10%) of the amount due, or One Hundred Dollars ($100). Furthermore, late amounts shall accrue simple interest at the rate of one and one-half percent (1 ½ %) per month from the date the amount first came due until paid. Provider expressly agrees that the foregoing represent fair and reasonable estimates by Town and Provider of Town’s costs (such as accounting, administrative, legal and processing costs, etc.) in the event of a delay in payment. Town shall have the right to allocate payments received from Provider among Provider’s obligations.

36. Letter of Credit. The Initial Letter of Credit amount shall be based upon the Provider’s good faith projection of the number of sites to be constructed within the Town of Gilbert during the current calendar year. The Initial Letter of Credit shall be received by the Town before any permit is issued as follows:

a. The amount of the letter of credit shall be as follows: Thirty Thousand Dollars ($30,000.00) for up to ten (10) wireless sites; Sixty Thousand Dollars ($60,000) for eleven (11) to twenty (20) wireless sites; One Hundred Five Thousand Dollars ($105,000) for twenty one (21) to thirty five (35) wireless sites; One Hundred Eighty

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Thousand Dollars ($180,000) for thirty six (36) to sixty (60) wireless sites; Three Hundred Thousand Dollars ($300,000) for sixty one (61) to one hundred (100) wireless sites; Four Hundred Fifty Thousand Dollars ($450,000) for one hundred one (101) to one hundred fifty (150) wireless sites; Six Hundred Seventy Five Thousand Dollars ($675,000) for one hundred fifty one (151) to two hundred twenty five (225) wireless sites; One Million Fifty Thousand Dollars ($1,050,000) for two hundred twenty six (226) to three hundred fifty (350) wireless sites; One Million Five Hundred Thousand Dollars ($1,500,000) for three hundred fifty one (351) to five hundred (500) wireless sites; Two Million Two Hundred Fifty Thousand Dollars ($2,250,000) for five hundred one (501) to seven hundred fifty (750) wireless sites; and Three Million Dollars ($3,000,000) for seven hundred fifty one (751) to one thousand (1,000) wireless sites. If the number of Provider’s wireless sites is more than one thousand (1,000), the Three Million Dollar ($3,000,000) letter of credit shall remain in effect and the letter of credit for the wireless sites in excess of one thousand sites shall be calculated using the schedule provided in this subsection.

b. The Town will determine at least once annually if the number of Provider’s wireless sites that are licensed require that the letter of credit be upgraded to a higher amount. If Town requires a new letter of credit, it shall provide formal notice in writing to the Provider. The Provider must provide the new letter of credit within 45 days of receiving written notice.

c. The letter of credit is a security deposit for Provider’s performance of all of its obligations under these Terms and Conditions within the Town of Gilbert.

d. The letter of credit shall be as required Town Attorney.e. Provider shall provide and maintain the letter of credit during the entire term of each Site

License as follows:i. Provider shall cause the original letter of credit to be delivered to Town’s Town

Engineer.ii. Provider shall pay all costs associated with the letter of credit, regardless of the

reason or manner such costs are required.iii. Within ten (10) business days after Town gives Provider notice that Town has

drawn on the letter of credit, Provider shall cause the letter of credit to be replenished to its prior amount.

f. Town may draw on the letter of credit upon any Event of Default, and in the following circumstances whether or not they are an Event of Default:

iv. Provider fails to cause the letter of credit to be renewed, extended, increased in amount or otherwise maintained as required by these Terms and Conditions.

v. Provider fails to make monetary payments as required by these Terms and Conditions.

vi. The issuer of the letter of credit fails to immediately honor a draft on the letter of credit or otherwise repudiates or fails to honor the letter of credit.

g. Town shall also have such additional rights regarding the letter of credit as may be provided elsewhere in this Agreement.37. Metering. Provider shall install separate meters for any utilities used by Provider

and shall pay for all utilities supplied to, used, or consumed as a result of the operation of Facilities, including without limitation (as applicable) all gas, electric, sanitation, and telephone

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installation and monthly use charge. Provider shall comply with all Town of Gilbert ordinances, these Terms and Conditions, and other applicable regulations related to utility services. Any third-party equipment needed to service the Facilities shall be required to apply for and obtain separate permits.

38. Payment Amounts Cumulative. All amounts payable by Provider hereunder or under any tax, assessment or other existing or future ordinance, law or other contract or obligations to the Town or the State of Arizona shall be cumulative and payable in addition to each other payment required hereunder, and such amounts shall not be credited toward, substituted for, or setoff against each other in any manner.

39. Emergency Replacements. At its sole cost and expense, Provider shall purchase and store one new pole (and its related parts) per type of pole that is the subject to a Site License with the Town, and shall deliver said pole to the Town within seven (7) days prior written request by the Town. All replacement streetlights and traffic signal poles and parts shall be approved by Town prior to installation.

40. Replacement of an existing Town Pole. Where installation of Facilities requires replacement of an existing Town Pole, at Provider’s sole cost and expense, Provider shall remove and replace the Town Pole with a structure that meets all applicable Town requirements, standards, and specifications and shall promptly deliver the removed structures at a location designated by the Town.

41. Removal and Restoration Obligations Relating to Abandonment. In the event abandonment of Facilities or any portion thereof occurs, Provider shall: (a) remove all of the Facilities (which may include subgrade facilities and foundations) at the Provider’s sole cost and expense as determined by Town, and (b) restore the Town Pole and ROW (including Facilities installed sub-grade) to better than or equal to the condition that existed prior to construction and installation of the Facilities. Provider’s removal and restoration obligations under this Section shall occur immediately, but in no event later than seven (7) calendar days from the date of abandonment.

42. Reconnection. In the event of an emergency, maintenance, accident or condition that causes the Town to replace or remove a Facilities, the Provider at its sole expense shall be responsible for the reconnection to a utility.

43. Removal or Relocation for Town Project. Provider understands and acknowledges that the Town may require Provider to remove or relocate Facilities and any portion thereof from the ROW, and Provider shall, at the Town Engineer’s direction, remove or relocate the same at Provider’s sole cost and expense, whenever the Town Engineer reasonably determines that the relocation or removal is needed for the construction, completion, repair, widening, relocation, or maintenance of, or use in connection with, any Town construction or maintenance project. In such a case, the Town shall use reasonable efforts to afford Provider a reasonably equivalent and available alternate location as determined by Town. If Provider fails to remove or relocate the Facilities or any portion thereof as requested by the Town Engineer within ninety (90) calendar days of Provider’s receipt of the request, the Town shall be entitled to remove the Facilities and any portion thereof at Provider’s sole cost and expense without further notice to Provider. Provider shall, within thirty (30) calendar days following issuance of invoice for the same, reimburse the Town for the Town’s actual expenses incurred in the removal (including, without limitation, overhead and storage expenses) of the Facilities and any portion thereof. In the event

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the Town requires relocation under this Section, Provider shall obtain any necessary third party approvals at its sole cost and expense.

44. Removal or Relocation required by the Town Engineer. At Provider’s sole cost and expense, Provider shall promptly disconnect, remove, or relocate the applicable Facilities and any potion thereof within the time frame and in the manner required by the Town Engineer if the Town Engineer reasonably determines that the disconnection, removal, or relocation of any part of Facilities (a) is necessary to protect the public health, safety, welfare, or Town property, (b) Facilities or any portion thereof is adversely affecting proper operation of streetlights, traffic signal poles or other Town property, or (c) Provider fails to obtain all applicable permits, permits, and certifications required by law relating to its Facilities or for any unauthorized facilities or attachments. The failure of the Town to act to remove any unauthorized facilities shall not constitute permission or a de facto Site License in any manner, nor shall subsequent issuance of a Site License operate retroactively. If the Town Engineer reasonably determines that there is imminent danger to the public, then the Town may immediately disconnect, remove, or relocate the applicable Facilities at the Provider’s sole cost and expense. The Town Engineer shall provide to Provider thirty (30) calendar days written notice prior to the removal, unless there is imminent danger to the public health, safety, or welfare. Provider shall reimburse Town for the Town’s actual costs of removal under this Section within sixty (60) calendar days of receiving the Town’s invoice. In the event the Town requires relocation under this Section, Provider shall obtain any necessary third party approvals at its sole cost and expense. The obligations herein shall survive the termination, expiration or revocation of the Permit.

45. Notice of Removal or Relocation by Provider. If the Provider causes the removal or relocation of Facilities at its own discretion, Provider shall notify the Town Engineer in writing not less than ten (10) business days prior to the removal or relocation. Provider shall obtain all required permits prior to the relocation or removal.

46. Repair and Restoration Obligations. At Provider’s sole cost and expense, Provider shall repair any damage to the ROW, and the property of the Town and any third party, resulting from Provider’s activities under the Site License within ten (10) calendar days following the date of said activities, subject to the approval of the Town Engineer. Required repairs may include the restoration of the ROW and of the property of the Town and any third party to substantially the same condition as it was immediately before the date of the Site License for the applicable site (including restoration or replacement of any damaged trees, shrubs or other vegetation). The obligations herein shall survive the termination, expiration or revocation of the Permit.

47. RF Letter requirement. Provider shall cause its senior internal engineer responsible for compliance with the FCC Rules to deliver to Town a written letter (the “RF Letter”) as follows: (a) the RF Letter shall attest that Provider’s operation of Facilities complies with the FCC Rules. A statement from Provider declaring exemption from reporting to FCC is not acceptable to comply with the requirements of this requirement; and (b) Provider shall maintain records of radio frequency measurements and performance of Facilities in accordance with the FCC Rules.

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RESERVATIONS

48. Both Town and the Provider may conduct radio frequency emission and interference studies from time to time to determine whether a Provider’s use of the Facilities will interfere with use of the Town Poles or the ROW by the Town or the public. In the event such a study indicates that a Provider’s use will potentially interfere with the use of the Town Pole or the ROW by the Town or the public, the Provider shall have no more than thirty (30) calendar days to remedy the interference to Town's satisfaction. If the problem is not so remedied in thirty (30) calendar days, then Town may require the Provider, at Provider’s full expense, to relocate the Facilities so as to remove or minimize the interference to the extent Town deems necessary.

49. Town does not grant, and reserves for itself, its lessees, successors and assigns, (i) all mineral rights, seismic rights and rights to oil, gas, water, other hydrocarbons or minerals on, as to, under or about any portion of the Town Property; (ii) rights to generate electriTown from the wind or wind power on, as to or about any portion of the Town Property; and (iii) the right to grant to others the rights hereby reserved.

50. Town shall have the right to operate, replace, and maintain all Town Poles in such manner as best serves Town’s service requirements including, but not limited to, the right to allow the attachment of additional facilities. Provider agrees to shut down communications and electrical equipment during any time Town is maintaining, testing or replacing the Town Pole within seventy two (72) hours from the time of notice. If Provider fails to shut off the equipment within seventy two (72) hours from the time of notice, Provider shall reimburse Town for all costs incurred by the Town related to the delay including time and labor expenses. The reimbursement will be at a minimum $500 per incident.

INDEMNIFICATION

51. To the fullest extent permitted by law, Provider shall indemnify, hold harmless, and defend the Indemnified Parties for, from and against all claims, damages, losses, and expenses including, but not limited to, reasonable attorneys' fees arising out of or resulting from the conduct or management of Facilities or any condition created in or about the Facilities or any accident, injury, or damage whatsoever occurring in or at Facilities or from the failure of Provider to keep its facilities in good condition and repair, provided that any such claim, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property, including loss of use therefrom, and (b) is caused by any act or omission of Provider or anyone directly or indirectly employed by it, including any contractor or subcontractor, or anyone for whose acts it might be liable. Notwithstanding the foregoing, Provider’s obligation to indemnify or hold harmless the Indemnified Parties under this provision shall be limited to the extent that the damage or injury is attributable to the negligence or other wrongful acts or omissions of Provider or its employees, contractors, subcontractors or agents. If the damage or injury is caused by the joint or concurrent negligence of Town and Provider, the loss shall be borne by Town and Provider in proportion to their degree of negligence or fault. Provider’s hold harmless agreement includes latent defects, and, subject to standard provisions of the relevant policies, the hold harmless obligation shall be specifically covered and insured by the insurance policies required by these Terms and Conditions.

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INSURANCE

52. Without limiting any liabilities or any other obligations of any Provider or any of its contractors and subcontractors under any Site License or otherwise, a Provider and each of its contractors and subcontractors shall provide and maintain, with forms and insurers acceptable to Town, and until all obligations under all Site License are satisfied, the minimum insurance coverage, as follows unless otherwise agreed to in writing by the Director of Development Services:

a. Commercial General Liability Insurance, including coverage of contractual liability assumed under each Site License, affording protection of not less than TWO MILLION DOLLARS ($2,000,000.00) per occurrence, combined single limit for bodily injury and property damage, against damages because of, or on account of, bodily injuries to or the death of any person or destruction of or damage to the property of any person, occurring on or about any of Facilities or due in any way to the use, occupancy, maintenance or operation of Facilities.

b. Workers’ compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Provider’s and Provider’s contractor or subcontractor employees who may be working on Facilities, and employer’s liability with a minimum limit of ONE HUNDRED THOUSAND DOLLARS ($100,000.00).

c. Commercial automobile liability insurance with a combined single limit for bodily injury and property damage of not less than TWO MILLION DOLLARS ($2,000,000.00) each occurrence with respect to vehicles assigned to or used in the performance of the work, whether owned, hired, or non-owned.

53. The insurance policies required herein shall include the Town of Gilbert, members of its governing bodies, its officers, agents and employees as additional insureds and shall stipulate that the insurance afforded for shall be primary insurance and that any insurance carried by the Town of Gilbert, members of its governing bodies, its officers, agents and employees shall be excess and not contributory.

54. Provider and each of its contractors and subcontractors (and the insurers providing the required coverages) shall waive all rights of subrogation against the Town of Gilbert, members of its governing bodies, its officers, agents, and employees.

55. Prior to execution of the Site License, Provider and each of its contractors and subcontractors shall furnish the Town Certificates of Insurance and related endorsements as evidence that policies providing the required coverage, conditions and limits are in full force and effect. Such certificates shall provide that not less than thirty (30) calendar days’ prior written notice of cancellation, termination, or material change shall be sent directly to Town.

56. All insurance policies shall be obtained from companies duly authorized to issue such policies in the State of Arizona, having Best’s ratings of “A” and acceptable to Town.

GENERAL PROVISIONS

57. Assignment. Provider may assign, sell or transfer its interest under a Site License without the prior written approval or consent of Town, but only if said assignment, sale or

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transfer is to the Provider’s Affiliate or to any entity that acquires all or substantially all of the Provider’s assets by reason of a merger, acquisition, or other business reorganization in the market defined by the Federal Communications Commission in which the Facilities are located. Provider may not otherwise assign a Site License without the Town’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Any purported assignment in violation of this Section shall be void.

58. Severability. If any a provision of these Terms and Conditions, including its exhibits, is invalidated by a court of competent jurisdiction, all other provisions hereof shall continue in effect.

59. Ownership. The Town agrees that no part of Facilities constructed, modified, or erected or placed on the ROW by Provider shall become, or be considered by the Town as being affixed to or a part of the ROW. All portions of the Facilities constructed, modified, erected, or placed by Provider on the ROW shall be and shall remain the property of Provider unless otherwise agreed to in writing by Town and Provider.

60. Remedies Cumulative. Unless otherwise specified in these Terms and Conditions, the rights and remedies contained herein are not exclusive, but are cumulative of all rights and remedies that exist now or in the future.

61. Attorneys’ Fees and Expenses. In the event of default or suit arising out of these Terms and Conditions and its exhibits, the prevailing party or the non-defaulting party shall be entitled to recover its costs, expenses, reasonable attorneys’ fees, experts’ fees and witness fees of any type.

62. Non-Waiver. The Town’s failure to enforce a term herein shall not prevent the Town from later enforcing that term and all other terms.

63. Exhibits. The forms of exhibits attached to these Terms and Conditions may change from time to time in the Town’s discretion as the law changes or as technology and business needs change.

64. No Third Party Rights. Neither the Terms and Conditions nor any Site License shall bestow any rights upon any third party. A Site License binds and benefits the Town and Provider only.

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TABLE OF EXHIBITS FOR TERMS AND CONDITIONS

Exhibit Description

A Site License form

B Schedule of Fees

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Standards for Encroachment of Structures into the Public Right-of-way

DRAFT – October 2017

REVISED

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Standards for Encroachment of Structures into the Public Right-of-way

Table of Contents

Document Terms……………………………..………………………………………………………………………………….1

Applicability……………………………………………………………………………………………………………………….. 4

1.0 General Standards…………………..………………………………………………………………….……….………..41.1 Location standards1.2 Standards for equipment mounted to a Wireless Support Structure1.3 Standards for ground-mounted equipment1.4 Removal standards1.5 Miscellaneous Provisions

2.0 Standards for Small Wireless Facilities (SWF) on Light Poles…..…..……………………..………… 9

3.0 Standards for Small Wireless Facilities (SWF) on Traffic Signals …..…………………..……… 11

4.0 Standards for Small Wireless Facilities (SWF) on Existing Utility Poles.…………………..………14

5.0 Standards for Small Wireless Facilities (SWF) on Traffic Signals …..…………………..……… 18

Town of Gilbert Contact Information…………………………………………………………………………………….19

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1

Document Terms

Antenna. Communications equipment that transmits or receives electromagnetic radio frequency signals and that is used in providing wireless services.

Antenna Mounting Bracket. The hardware required to secure the antenna to the pole.

Antenna Mounting Post. A vertical post or pipe that the antenna mounting bracket is mounted to in order for the antenna to be attached to the pole.

Antenna Shroud. A three-sided cover that is mounted at the base of the antenna to conceal the appearance of the cables and wires from the hand-hole port on the pole to the bottom-fed antenna.

Canister. A cylindrical cover used to conceal the antenna(s), amplifier(s), radio(s), cables, and wires at the top of a pole.

Dog House. A plastic or metal cover that attaches to the base of a pole to conceal the transition point between the underground cables and wires to the vertical section of the pole.

Equipment Cabinet or Building. An enclosure that is mounted above base flood elevation or placed on a concrete slab that contains improvements, personal property, and facilities to operate its Antenna(s) for Permitted Uses including: radio receivers, transmitters, related facilities, and/or cabinets, related cables and utility lines, location-based power source (including a battery), the electrical meter and any other equipment necessary for the operation of wireless antenna.

Ground Mounted Equipment. Any equipment that is mounted to a separate post or to a foundation on the ground.

Handhole. A hole large enough only for the insertion of a hand and arm to access internal cables and wires located within a wireless support structure.

Light Emitting Diode (LED). A type of lighting fixture installed on Town streetlight and traffic signal poles.

Light Fixture. The lighting unit or luminaire that provides lighting during the evening hours or during the hours of darkness.

Luminaire Mast Arm. The horizontal post that attaches a light fixture to a light pole or traffic signal pole.

Microcell. A device that is connected to aerial facilities and used solely for transmitting, processing and receiving voice and data wireless telecommunications services, without any associated ground mounted equipment. The device is often referred to as an ASME (Aerial Strand Mounted Equipment).

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Monopole. A single pole attached to a permanent foundation.

Omni Antenna. A style of antenna that projects radio frequencies in a 360 degree pattern.

Panel Antenna. A style of antenna that is rectangular in shape and that projects radio frequencies in a single directional pattern.

Pole Diameter. The measurement taken from the outer edges of a pole.

RAD Center. The center point of radiation emitted from an antenna. Measurements on facility plans are commonly calculated from this point.

Remote Radio Heads (RRH) / Remote Radio Units (RRU). Electronic devices that are used to amplify radio signals in order to increase the distance of the outgoing radio signal from the antenna.

Right-of-Way. As defined for wireless sites in A.R.S. §9-591(18) means the area on, below or above a Town-owned roadway, highway, street, sidewalk, alley, or public utility easement. Right-of-way does not include a Federal Interstate Highway, a state highway or state route under the jurisdiction of the Department of Transportation, a private easement, property that is owned by a special taxing district, or a utility easement that does not authorize the deployment sought by the wireless provider.

Sight Visibility Triangle (SVT). The traffic engineering standard that requires clear view by the driver of a vehicle to crossing traffic at a stop sign, driveway or intersection. In order to achieve clear visibility of the cross traffic, the land areas in the sight visibility triangle has specific maximum heights on landscaping, cabinets, and other potential view obstructions.

Signal Head. The “Red, Yellow and Green” light signals at a signal-controlled intersection.

Signal Head Mast Arm. The horizontal extension that has the signal heads mounted to it and attaches to the traffic signal pole.

Small Wireless Facility. A Wireless Communication Facility that meets both of the following qualifications:

a) All antennas are located inside an enclosure of not more than six (6) cubic feet in volume or, in the case of an antenna, that has exposed elements, the antenna and all of the antenna’s exposed elements could fit within an imaginary enclosure of not more than six (6) cubic feet in volume.

b) All other wireless equipment associated with the facility is cumulatively not more than twenty-eight (28) cubic feet in volume, or fifty (50) cubic feet in volume if the equipment was ground mounted before the effective date of this section. The following types of associated ancillary equipment are not included in the calculation of equipment volume pursuant to this subdivision:

1. An electric meter2. Concealment elements3. A telecommunications demarcation box

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4. Grounding equipment5. A power transfer switch6. A cutoff switch7. Vertical cable runs for the connection of power and other services

Stealth and Concealment. The application of design standards including but not limited to shrouds, decorative and faux elements, and ground equipment screening used to ensure wireless facilities are designed to blend in with the surrounding area to the maximum extent feasible.

Stealth Building Element. A non-residential building element designed to conceal and/or camouflage wireless communications facilities, including but not limited to a wall mount, clock tower, cupola, or church steeple.

Stealth Structure. A structure designed to conceal and/or camouflage wireless communications facilities. Structures may include but are not limited to a free-standing structure such as an artificial cactus or tree, or a sculpture. Stealth structures do not include a flagpole, monopole with an attached flag, or a monopole with a minimal design feature.

Wireless Support Structure (WSS)a) Any of the following:

1. A freestanding structure, such as a monopole2. A tower, either guyed or self-supporting3. A sign or billboard4. Any other existing or proposed structure designed to support or capable of

supporting small wireless facilitiesb) Does not include a utility pole

Utility Pole. A pole or similar structure that is used in whole or in part for communications services, electric distribution, lighting or traffic signals. Utility pole does not include a monopole.

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ApplicabilityThe standards contained in this manual shall apply to all structures located in the Town rights-of-way.

Section 1.0: General Standards for All StructuresThe following standards shall apply to structures located in the Town Rights-of-way and Public Utility Easements.

1.1 Location Standards

1) Separation Standards from Underground Utility Infrastructurea. All structures shall maintain the following minimum separation distances (measured

horizontally from furthest exterior edge of each) from existing underground utility infrastructure:

ii. Six (6) linear feet from water lines;iii. Six (6) linear feet from sewer lines;iv. One (1) linear foot from Telecommunications equipment;v. One (1) linear foot from Cable Television lines; andvi. Six (6) linear feet from all other utility infrastructure.

b. The Town, in its sole discretion, may grant a variance, upon approval by the Town Engineer, from these horizontal separation standards, dependent on factors specific to the site.

c. In the case where there is an issue with horizontal separation from other underground utilities, the authorized installer may elect to work with the impacted utility provider to have lines, pipes or property moved so that minimum separation can be achieved. All relocation of Town-owned or privately-owned utilities shall be at the sole expense of the authorized installer.

2) Separation Standards from an Original Streetlight Pole or Traffic Signal Polea. All structures shall be located a minimum five (5) feet from the original pole. The Town, in

its sole discretion, may increase the minimum separation standard to ensure construction can occur safely.

3) Separation Standards from Sidewalks or Curbsa. All structures shall be separated from an existing sidewalk by a minimum of one (1) foot or

from the back of curb by a minimum of four (4) feet. The Town, in its sole discretion, may increase the minimum separation standard to ensure the safe use of the adjacent area.

b. Where adjacent to a meandering sidewalk, structures shall be placed on the side furthest away from the street.

4) Sight Visibility Triangles (SVT)a. All structures shall be installed in a location that does not interfere with Town SVT safety

requirements.

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5) Interference with Town Operated Networks a. The selection of a proposed location for a WCF shall consider the potential interference

with any Town operated networks.

b. The Town may require a technical report to determine the potential for interference with Town networks, and if deemed necessary, may require a re-design or re-location of the proposed structure in order to remove the interference.

1.2 Standards for equipment mounted to a Wireless Support Structure (WSS)

1) Antenna mounting standardsa. All antennas shall be mounted to the pole so that the distance from the “face” of the

wireless support structure, measured to the back of the antenna does not exceed nine (9) inches.

b. Mounting posts shall be trimmed so that the posts do not extend higher than the top of the antenna or protrude lower than the antenna, unless necessary to install a shroud.

c. All pole mounted equipment shall be a minimum of twelve (12) feet above the existing grade of the foundation.

2) Antennasa. All antennas for a Small Wireless Facility shall fit within an imaginary enclosure of not

more than six (6) cubic feet in volume in accordance with A.R.S. §9-591(19)(a). (NOTE: This volume does not include antenna cable shrouds when required.)

b. All antennas with exposed cables from the bottom of the antenna shall have a shroud installed on the antenna or antenna mounting posts to conceal the cables.

i. The Town may require the shroud to be installed at a forty-five (45) degree angle (away from the bottom of the antenna; toward the pole) or a ninety (90) degree angle (parallel to the bottom of the antenna).

ii. The shroud shall extend from the bottom of the antenna to two (2) inches below the bottom of the nearest hand-hole.

3) Canistersa. Canisters are considered a concealment element and are not associated with the

function of the antenna, therefore when designed to cover an antenna array, the canister will not count towards the maximum cubic feet allowed in accordance with A.R.S. §9-591(19)(a).

b. When antennas are placed in a canister, the canister shall be no larger than eighteen (18) inches in diameter, measured from the outside edges.

c. Antennas located within a canister shall have the canister mounted to a base plate at the top of the vertical section of the pole.

d. Cables protruding from the canister shall be concealed within the canister or by a shroud at the point where the canister is mounted to the base plate.

4) Remote Radio Heads (RRH) / Remote Radio Units (RRU)

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a. Remote Radio Heads/Units are not considered to be part of the antenna per State Law §9-591(19)(a).

b. All RRH/RRU units shall be placed behind antennas or within a canister and fully concealed.

c. Where permitted, the RRH/RRU shall be calculated as part of “All other wireless equipment associated with this facility.” For Small Wireless Facilities, the maximum size permitted is twenty-eight (28) cubic feet according to A.R.S. §9-591(19)(b).

1.3 Standards for Ground-mounted Equipment

1) General Location Requirementsa. All ground-mounted equipment, including but not limited to equipment cabinets or

power pedestals, shall be placed as far as practical to the back of the ROW while maintaining at least three (3) feet of ingress/egress in the ROW around the equipment.

b. Sight Visibility Triangles (SVT). All ground-mounted equipment shall be installed in a location that does not impair or interfere with SVT safety requirements. To ensure proper sight distance, all Town of Gilbert Public Works and Engineering Standards shall be met.

2) Screening Requirementsa. All ground-mounted equipment shall be contained within low-profile cabinets.b. Cabinets shall be fully screened from view by a decorative solid enclosure equal to

or exceeding the height of the equipment cabinet. c. Enclosure access gates shall be opaque, compatible with the enclosure material,

and where feasible shall be facing away from the street or primary public view.c. The type of screening materials and design shall be architecturally compatible with

buildings and fencing in the immediate vicinity. The use of barbed wire, razor wire, chain link, woven wire or other similar material is prohibited.

d. The Town, in its sole discretion, may waive the screening requirement if it determined that the equipment is located out of the public view. If the Town determines that screening is not required, the Town may specify the paint color of the ground-mounted equipment or require alternative screening solutions such as landscaping.

e. Any disturbed landscaping or irrigation systems shall be returned to its original state with materials approved by the Town.

3) Decals and Labelsa. Decals, logos and other identification information from the equipment

manufacturer shall be removed unless required for warranty purposes or by local, state or federal law.

b. An “Emergency Contact” decal may be permitted on the ground equipment.c. The ground-mounted equipment shall not have any flashing lights, sirens or regular

noise other than a cooling fan that may run intermittently.

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4) Equipment adjacent to Residential a. Unless otherwise specified by the Town, a ground-mounted equipment cabinet that

contains an air-conditioning unit (not a fan only), shall be enclosed by a solid fence and setback a minimum of fifteen (15) feet from lots with a Residential General Plan designation.

5) Electric Metersa. Electric meters shall be placed in a location that ensures adequate ingress and

egress clearances are maintained from private property lines and driveways.b. All electric meters shall be installed in a location that does not impair or interfere

with the SVT safety requirements of the Town.c. The electric meters shall be contained within a “Myers-type” or “Milbank-type”

pedestal cabinet that is painted to match the ground-mounted equipment or as specified by the Town.

d. In the case where screening is not required, the Town may specify the paint color of the electric meter cabinet.

1.4 Removal Standards

1) Removal of Town-owned Equipment

a. The Town shall determine what original components, (e.g., original pole, mast arm(s), signal heads and luminaire, etc.), shall be returned, at no cost to the Town, by the authorized equipment installer after the removal process is complete.

b. If the Town declines to accept some or all of the original components, then only those components the Town wants to retain shall be delivered to the Town and the remaining components shall be appropriately discarded.

2) Removal of Existing Foundationsa. The concrete pole foundation for an original streetlight pole, traffic signal pole or

other structure shall be removed by the authorized equipment installer as instructed by the Town:

i. Partial Removal - The original pole foundation shall be removed and lowered to a level that is twelve (12) inches below existing grade. The remaining foundation shall then be covered with four (4) inches of one-half (1/2”) inch to three (3/4”) quarter inch decomposed granite material. The remaining eight (8) inches shall be native soil.

ii. Complete Removal - If it is determined that a complete foundation removal is required, all materials (concrete, rebar, metals, bolts, etc.) shall be removed. The Town Engineer may determine, on a case-by-case basis, the type of backfill material and compaction required.

1.5 Miscellaneous Provisions

1) Calculating the Base Height of an Existing Pole.

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a. The base height, from which the calculation for the “increase in pole height” is referenced to determine overall pole height, shall be calculated as follows:

b. Light Polei. A light pole with a separate luminaire mast arm mounted to the vertical pole

shall use the top of the vertical pole as the base height. ii. A light pole, with the luminaire mast arm integrated (e.g. telescopic style

pole) into the top vertical section of the pole, shall use the point on the pole where the mast arm is connected plus twenty-four (24) inches as the base height.

c. Traffic Signal Polei. A traffic signal pole with a luminaire mast arm that is mounted above the

signal head mast arm to the pole shall use the top of the vertical portion of the pole as the base height.

2) Cables, Wires and Jumpersa. All cables, wires and jumpers shall be located inside a conduit that runs within the

caisson and structure, with the exception of where such cables or wires attach to the antenna ports.

b. For structures in the right-of-way, all electrical wires for the streetlight luminaire, traffic signal heads, and any Town device shall be new and connected to the existing power source.

3) Hand holesa. All hand hole locations shall be identified on the facility plans with the application

submittal.b. All hand holes shall be concealed to the maximum extent feasible.c. Hand holes shall be located in a way that ensures the maximum concealment of

wires and cables.

4) Identification and Information Decalsa. For Wireless Communication Facilities, a 4” x 6” Radio Frequency safety decal shall

be mounted no less than twenty-four (24) inches from the bottom of the antenna, facing away from the street.

b. A discreet site identification or number shall be permitted on the structures. The size, color and location of all proposed decals shall be approved by the Town.

c. Unless required by local, state or federal law, no advertisements or identifying logos shall be placed on any structure in the right-of-way.

5) Alternative Cable/Wire Concealment Options a. An exterior cable chase and/or dog house may be permitted in areas where the visual

impact would not be significant to the surrounding properties.

b. Where permitted, the materials and paint color of the cable chase and dog house shall be compatible with the proposed structure and shall be reviewed and approved by the Town.

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2.0 Standards for Small Wireless Facilities (SWF) on Light Poles

2.1 General Standards 1) All SWF shall be designed to minimize the visual impact to the surrounding area to the

maximum extent feasible.2) Replacement poles in Town ROW shall be designed to match the Town of Gilbert

approved streetlight poles.3) All plans shall be signed and sealed by a Professional Engineer registered with the

State of Arizona.

4) All streetlight poles are subject to review by the Town to ensure compliance with Town Standards.

2.2 Detailed Standards1. New or Replacement Pole Height

a. A new or replacement pole may be installed in the Town right-of-way without zoning review if one of the following height requirements is met:

Up to a ten (10) foot increase, not to exceed fifty (50) feet total (whichever is less), per A.R.S. §9-592(I); or

Up to forty (40) feet above ground level, per A.R.S.§9-592(J)

2. Pole Diametera. The overall pole diameter of a replacement pole shall increase no more than

100% for poles with original diameters up to 8 inches and no more than 80% for poles with original diameters larger than 8 inches.

3. Luminaire Mast Armsa. All luminaire mast arms shall be the same length as the original luminaire arm,

unless the Town requires the mast arm to be different (longer or shorter) based upon the location of the replacement pole.

b. Unless otherwise approved, all luminaire mast arms shall match the arc (if applicable) and style of the original luminaire arm.

c. The replacement luminaire mast arm shall be at the same height above the ground as the existing luminaire.

4. Luminaire Fixturesa. All replacement poles shall have the Town standard light-emitting diode (LED)

light fixture installed, unless otherwise directed by the Town.

b. All replacement light fixtures shall have a new photo-cell or sensor to match the Town Standard where applicable.

5. Pole Foundation

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a. All pole foundations shall conform to the Town adopted specifications and shall be modified by a Professional Engineer registered in the State of Arizona to support all proposed pole mounted equipment.

b. The Town may accept a foundation that has been designed to meet the “worst case” scenario for soil conditions across all of the proposed sites.

c. The Town may approve alternative “spread” foundations on a case-by-case basis if there are on-site limitations relating to the depth of utilities.

d. A separate, one-inch diameter conduit shall be installed in the pole foundation for use by the Town to house all necessary wires and cables. This conduit shall be trimmed to three (3) inches above the top of the caisson.

e. The height of the pole foundation shall be a minimum of two (2) inches above grade if located in a hardscape area or a minimum of six (6) inches above finished grade if located in a turf area. If the pole foundation encroaches into any portion of a sidewalk, then the pole foundation shall be installed flush with the sidewalk.

f. The Town may require shrouds for the streetlight pole mounting bolts, depending on the location of the pole.

6. Painting of Replacement Polea. If the replacement pole is an unpainted galvanized pole, the pole shall not be

painted or have a finish unless otherwise specified by the Town.b. If the replacement pole is painted, the new pole shall match the existing color

and finish unless otherwise specified by the Town.

7. Painting Antennas and Mounting Equipmenta. All antenna mounting brackets and hardware, antenna mounting posts, cables,

shrouds and other equipment mounted on a new or replacement unpainted galvanized pole shall be painted Sherwin Williams “Web Grey” (SW7075) color or equivalent, unless otherwise specified by the Town.

b. All antenna mounting brackets and hardware, antenna mounting posts, cables, shrouds and all other equipment mounted on a painted new or replacement pole shall be painted to match unless otherwise specified by the Town.

8. Wireless providers shall install pole numbers on each replacement pole (to match the number on the existing streetlight pole being replaced) per Town requirements.

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3.0 Standards for Small Wireless Facilities on Traffic Signal Poles

3.1 General Standards1) All SWF shall be designed to minimize the visual impact to the surrounding area to the

maximum extent feasible.2) Replacement poles shall be designed to match the Town of Gilbert approved traffic

signal poles.3) All plans shall be signed and sealed by a Professional Engineer registered in the State

of Arizona.4) All traffic signal poles are subject to review by the Town and shall comply with Town

standards.

3.2 Detailed Standards1. New or Replacement Traffic Signal Pole Height

a. A new or replacement pole may be installed in the Town right-of-way without zoning review if one of the following height requirements is met:



2. Overall Height of Replacement Traffic Signal PoleThe height of the replacement pole is measured from grade to the top of the antenna canister or the top of the antennas if the antennas are the highest elements.

3. Increase in the Pole Diametera. If the replacement pole is a taper design, the diameter of the base section of the

replacement pole diameter shall not exceed one (1) foot or a 100% increase in the diameter of the base section, whichever is less.

b. If the replacement pole is non-tapered, then the diameter of the base section shall be equal to the top section and the pole diameter shall not exceed one (1) foot or a 100% increase, whichever is less.

4. Signal Head Mast Armsa. The traffic signal head mast arms shall be the same length as the original signal

head mast arm unless the Town requires the mast arm to be different (longer or shorter) based upon the required location of the replacement pole.

b. All signal head mast arms shall match the arc (if applicable) and style of the original signal head mast arm.

5. Luminaire Mast Armsa. All luminaire mast arms shall be the same length as the original luminaire arm

unless the Town requires the mast arm to be different (longer or shorter) based upon the required location of the replacement pole.

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b. All luminaire mast arms shall match the arc (if applicable) and style of the original luminaire arm.

6. Signal Headsa. All existing signal heads shall be replaced, at no cost to Town, with new light-

emitting diode (LED) signal heads, per Town of Gilbert Traffic Signal Manual.

b. All signal heads shall be procured from a Town approved signal heads supplier or manufacturer.

7. Luminaire Fixturesa. All replacement poles shall have the Town standard LED light fixture installed.

b. All replacement light fixtures shall have a new photo-cell or sensor installed to Town standards, where applicable.

8. Other Town Elements on Signal Mast Arm or Polea. All existing emergency signal detection units, video detection cameras, video

cameras, cross walk service buttons, cross walk signals, and any other pedestrian or traffic devices shall be replaced with new units by wireless provider and installed at no cost to the Town. All equipment shall be procured from a list of Town approved suppliers.

9. Signs and Other Attachmentsa. All street name plates or signs, directional signs and any other Town approved

signs shall be replaced with new signs at no cost to the Town. All signs and attachments shall be procured from a list of Town approved suppliers.

10. Traffic Signal Pole Foundationa. All pole foundations shall conform to the Town’s standards and specifications on

traffic signal pole design and shall be modified, as necessary, to accommodate wireless communications equipment, hand holes and cables.

b. The authorized installer shall install a three (3) inch diameter conduit in the pole foundation designated for use by the Town to contain the cables and wires associated with the signal heads, luminaire and all devices on the signal and luminaire mast arms. The conduit shall be trimmed to three (3) inches above the top of the pole foundation.

c. In addition to the conduit described in “b” above, the authorized installer shall install conduit running from the pole foundation to six (6) inches above the signal head mast arm, in order to contain all cables and wires associated with the WCF:

i. One, six (6) inch diameter conduit in the pole foundation; or ii. Two, four (4) inch diameter conduits in the pole foundation.

d. Pole Foundation – Height Above Ground Leveli. If the pole foundation is in a landscaped or unimproved area, the height of

the caisson shall be two (2) inches above finished grade. However, if the

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pole foundation is adjacent to or within a sidewalk or ramp, the height of the pole foundation shall be flush with the surface of the immediate area.

ii. Shrouds for the traffic signal pole mounting bolts may be required for the replacement pole.

11. Painting of Pole, Antennas and Mounting Equipmenta. Town specifications for painting Traffic Signal Poles are provided in the Town of

Gilbert Traffic Signal Manual.

b. For powder-coated traffic signal poles, the wireless provider shall replace with the same powder-coated color and/or color combination unless otherwise directed by the Town.

12. Construction of Traffic Signala. Construction and installation of the replacement traffic signal pole, including the

mast arms, signal heads and devices, shall be performed by a licensed Traffic Signal Contractor with a minimum of five (5) years of experience installing traffic signals in Arizona.

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4.0 Standards for Small Wireless Facilities on Existing Utility Poles

4.1 General Standards 1) A SWF shall be designed to blend in with the surrounding streetscape with minimal to

any visual impact.2) A SWF mounted on an existing third party-owned utility pole is subject to more detailed

standards provided below.3) All plans shall be signed and sealed by a Professional Engineer registered with the State

of Arizona.

4.2 Detailed Standards

1) New or Replacement Utility Pole Height a. A new or replacement pole may be installed in the Town right-of-way without

zoning review if one of the following height requirements is met:



2) Overall Height of Replacement Traffic Signal Polea. The height of the replacement pole is measured from grade to the top of the

antenna canister or the top of the panel antennas if the antennas are the highest elements.

3) Antennas and Equipment on Existing Utility Polea. An existing utility pole used for a SWF shall have the antennas contained within an

eighteen (18) inch canister mounted at the top of the pole.b. Antennas on a metal pole shall have the same RAD center to ensure the antennas

will be at mounted at the same height on the pole.c. Unless otherwise approved, the cables and wires from the base of the pole to the

antennas shall be installed in a conduit or cable chase outside of the pole, facing away from the street or away from the adjacent street.

d. If a “dog house” is required as a transition point connecting the underground cables and wires from the ground mounted equipment to the pole, the Town shall provide the design specifics as needed to conceal the connection point with the least amount of visual impact possible.

4) Painting Standardsa. If the replacement pole is an unpainted galvanized pole, the pole shall not be

painted or have a finish unless otherwise specified by the Town.

b. If the existing or replacement pole includes a dog house for the transition of the cables and wires to the pole, the dog house shall be painted the same color as the pole or a color specified by the Town.

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c. All antenna mounting brackets and hardware, antenna mounting posts, cables, shrouds and other equipment mounted on a new or replacement unpainted galvanized pole shall be painted Sherwin Williams “Web Grey” (SW7075) color or equivalent, unless specified otherwise by the Town.

d. All antenna mounting brackets and hardware, antenna mounting posts, cables, shrouds and all other equipment mounted on a painted new or replacement pole shall be painted a color specified by the Town.

e. If the antenna is mounted on a wood pole, the color of the antenna, antenna canister, mounting brackets and posts, shrouds and cable chases shall be painted a color specified by the Town that will closely match the color of the wood.

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5.0 Standards for Small Wireless Facilities on New Support StructuresThe Town may approve a SWF on a new wireless support structure in the right-of-way (not a replacement of an existing structure) if it is determined to not be feasible to locate on other structures in the vicinity or if the Town determines that the other sites are too impactful on the surrounding properties.

All new wireless support structures shall incorporate the highest level of stealth and concealment of the antennas and wireless equipment in order to minimize the visual impact of the site to the surrounding properties.

5.1 General Standards

1) A new wireless support structure shall be designed to minimize the visual and aesthetic impact of the new vertical element and associated equipment upon the look, feel, theme, and use of the surrounding area.

2) An SWF shall be designed to blend in with the surrounding streetscape with minimal to any visual impact.

3) The new wireless support structure shall be architecturally integrated and compatible with the use of the surrounding area.

4) All plans shall be signed and sealed by a Professional Engineer registered with the State of Arizona.

5.2 Detailed Standards

1) New Pole Height a. A new small wireless facility support structure may be installed without zoning

review if one of the two height requirements are met, see A.R.S. §9-592(I) and A.R.S. §9-592(J): Up to a ten (10) foot increase, not to exceed fifty (50) feet total (whichever is

less), per A.R.S. §9-592(I); or Up to forty (40) feet above ground level, per A.R.S. §9-592(J).

2) Overall Height of New Polea. The height of a new wireless support structure is measured from grade to top of the

highest point of the structure, including all antennas and equipment.

3) Outside Diameter of Monopolea. The maximum outside diameter of a monopole, as defined in A.R.S. §9-591(13),

shall not exceed forty (40) inches.

4) Monopoles that are subject to zoning review shall be in conformance with the Land Development Code, Article 4.7.

5) Stealth and Concealment Elements

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a. As part of the stealth and concealment elements of the wireless support structure, the Town may require the authorized installer to install street name plates, directional signs, and other decorative signs or artistic elements on the structure.

b. The wireless provider is solely responsible for the cost of all stealth and concealment elements and the installation of other elements required by the Town.

c. The wireless provider is responsible for the performance of and any costs incurred for regular upkeep, maintenance and replacement (if necessary) of these stealth and concealment elements.

6) Pole Foundationa. The pole foundation for a new wireless support structure shall conform to civil and

structural engineering standards as required by the Town.b. The height of the pole foundation shall be two (2) inches above finished grade.

However, if the pole foundation is adjacent to or within a sidewalk or ramp, the height of the pole foundation shall be flush with the surface of the immediate area.

c. Shrouds for the pole mounting bolts may be required.

7) Painting of Wireless Support Structure, Antennas and Mounting Equipmenta. The Town shall identify the paint colors, location of paint and any decorative

treatments that may be required on the new wireless support structure.b. The Town shall identify the paint colors for the antennas, antenna mounting

brackets and posts, antenna shrouds, and cables.c. The Town may require a new wireless support structure to be painted using a

powder-coat process.

Contact Information

For questions regarding these standards, please contact the Development Services Department at (480) 503-6700.

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FROM: Judy Martinez, Management Support Specialist, 503-6791


SUBJECT: Boards and Commissions – Planning Commission


This item supports the Strategic Initiative of Community Livability by encouraging public involvement in the decision-making process to assure Gilbert remains "Clean, Safe, and Vibrant."

RECOMMENDED MOTION

A motion to appoint two alternate positions to the Planning Commission with terms beginning November 15, 2017 and ending November 14, 2018.


The Planning Commission currently has openings for two alternate positions. Staff advertised the opening through local newspapers, Town publications, and the Town’s web page with an application deadline of October 8, 2017. Eight applications were received.

Seth Banda, Charles Calkins, Daniel Cifuentes, and Glenn Ratajczak were interviewed by Council in Executive Session on November 2, 2017.

FINANCIAL IMPACT

None.


Appointments to Boards and Commissions are at the discretion of the Council. Staff offers no recommendation on such appointments.

2020

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Judy MartinezManagement Support Specialist

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Lisa Maxwell 10/23/2017 8:50:40 AM

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FROM: Judy Martinez, Management Support Specialist, 503-6791


SUBJECT: Boards and Commissions – Self-Insured Trust Fund for Health Insurance Benefits


This item supports the Strategic Initiative of Community Livability by encouraging public involvement in the decision-making process to assure Gilbert remains "Clean, Safe, and Vibrant."

RECOMMENDED MOTION

A motion to appoint one staff member, Kelly Pfost, to the Self-Insured Trust Fund for Health Insurance Benefits; to complete the remainder of a term beginning November 2, 2017 and ending September 30, 2018; plus an additional three year term beginning October 1, 2018 and ending September 30, 2021.


This trust is comprised of at least five joint trustees, all residents of the town, which is to includeno more than one member of a governing body and no more than one employee of the town, perA.R.S. §11-981(B)(2).

There is currently one employee position that is vacant on the trust. This vacancy was createdwhen Marc Skocypec left employment with the Town of Gilbert. Office of Budget and Management Director Kelly Pfost will complete the remainder of his term and an additional fullterm. FINANCIAL IMPACT

None.

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Appointments to Boards and Commissions are at the discretion of the Council. Staff offers no recommendation on such appointments.


Judy MartinezManagement Support Specialist

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Lisa Maxwell 10/23/2017 8:51:09 AM

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FROM: Lisa Maxwell, Town Clerk, 503-6861


SUBJECT: Arts and Culture Committee


RECOMMENDED MOTION

A motion to activate an Arts Committee, setting the tasks for the Committee, and setting the number of Committee members and the means of selecting those members.


A request was received from three Councilmembers to activate an Arts Committee to assist the Parks and Recreation Board with their projects.

Section 1-320 of the Code of Gilbert defines a committee as a group of residents or non-residents chosen from those expressing interest and selected on an as needed basis to act as a task force to address a specific issue, concern or task. The Town Code further states the committee shall be activated by the council and meet on an as needed basis to address issues, concerns, or tasks set by the council.

Sec. 1-321 of the Town Code states the committee shall consist of members approved by the council. The size of the committee will be determined by the council according to the task and resources necessary to complete the assignment.

Town Attorney Chris Payne reviewed the Code and the selection of members to the Arts Committee may be delegated to another party. The Town Clerk’s office maintains a list of former Arts and Culture Boardmembers along with other parties who have expressed an interest in this area. If Council wishes to delegate this authority they need to do so in the motion.

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Once a Committee has been activated and selected the Committee and its members will be bound by the same Open Meeting Law and Public Records Laws that bind all other Council, Board and Commission members.

FINANCIAL IMPACT

None.


Activation of a Committee is at the discretion of Council.


Lisa MaxwellTown Clerk

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Lisa Maxwell 10/23/2017 7:34:10 AM

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Lisa Maxwell 10/23/2017 7:33:44 AM

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FROM: Kelly Pfost, Budget Director, 503-6828


SUBJECT: Quarterly Budget Report; Contingency Report


These reports support the Council's strategic initiative for long- and short-term balanced financial plans by providing an overview of Gilbert's operating budget results and affording the Council with an opportunity to review and ask questions regarding those results.

RECOMMENDED MOTION

A motion to accept the reports as presented.


The following information summarizes the activity of revenues and expenditures in the town’s operating funds for the first quarter of fiscal year 2018. The reports reflect revenues received and expenditures incurred through September 30, 2017. Sales tax is collected at the point of sale, remitted the subsequent month to the Arizona Department of Revenue, then received by the Town of Gilbert the month following. As a result, revenues received as of the publication of this report are for sales through August 2017.

FINANCIAL IMPACT

Overall, revenues and expenditures are coming in well. Police and Fire expenditures are high for this time of year compared to FY2017 because of the PSPRS refunds associated with the Hall and Parker cases, which was expected. The principal payments were made at the beginning of September and the interest payments will be made once we receive sufficient instruction on rates from the courts. Privilege License Tax revenues are coming in as expected, but the Finance has changed the way these revenues are recorded. Previously revenues were recorded back to the

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month for which the revenue was dated; now the revenues are recorded in the month they are received by the Town. The same amount of revenue will be collected for the year, but there will be a reporting “lag” until year end.

Another item of note is that expenditures in the Health/Dental Insurance Operating Fund are trending lower than revenues, which is a good trend for rebuilding the needed fund balance/reserves. Staff will continue to monitor revenue and expenditure trends and report back to Council on material anomalies.


Staff recommends acceptant of the budget and contingency reports as presented.


Kelly PfostBudget Director

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General Oper Fund

Management and Policy $5,752,480 $5,127,598 $624,882 $22,277,330 $23,289,832

Management Services/Finance $744,912 $634,624 $110,288 $2,725,920 $2,725,920

Court $834,754 $790,772 $43,981 $3,298,070 $3,298,070

Development Services $1,597,183 $1,603,160 ($5,977) $6,743,150 $6,792,150

Police $12,660,984 $14,844,226 ($2,183,242) $53,751,110 $53,844,335

Fire $7,796,324 $10,399,591 ($2,603,268) $33,641,880 $33,675,480

Parks and Recreation $4,005,338 $3,760,508 $244,830 $19,870,060 $19,677,060

Public Works $194,301 $188,667 $5,634 $876,470 $877,595

Non-Departmental $5,049,496 $3,098,276 $1,951,220 $37,748,690 $38,895,922

Transfers $1,217,080 $1,198,039 $19,041 $10,495,440 $10,495,440

General Fund Contingency $3,750,000 $0 $3,750,000 $15,000,000 $15,356,416

Total General Oper Fund $43,602,852 $41,645,462 1,957,391 $206,428,120 $208,928,220

Report Period ThroughSeptember

YTD Budget YTDExpenditures

YTD Variance(Over) / Under

2018 Budget AdjustedBudget

General Oper Fund $43,602,852 $41,645,462 $1,957,391 $206,428,120 $208,928,220

Water Operating Fund $12,068,422 $9,993,068 $2,075,354 $51,899,110 $51,899,110

Wastewater Operating Fund $6,387,894 $4,647,066 $1,740,828 $34,769,370 $34,769,370

ES Residential Operating Fund $4,883,594 $3,740,510 $1,143,084 $22,202,810 $22,207,157

ES Commercial Operating Fund $696,139 $659,573 $36,566 $3,151,870 $3,151,870

Streets Operating Fund + Roadway $6,499,803 $2,868,581 $3,631,222 $30,854,910 $30,850,563

Fleet Maint Operating Fund $1,923,165 $1,461,828 $461,337 $8,504,820 $8,504,820

Health/Dental Insurance Operating Fund $5,251,890 $3,221,124 $2,030,767 $17,947,900 $17,947,900

Repair/Replace $18,908,230 $3,016,056 $15,892,174 $112,166,870 $112,166,870

Total $100,221,990 $71,253,267 $28,968,723 $487,925,780 $490,425,880

Town of Gilbert - Expense SummaryFiscal Year 2018 through September

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FUND YTDBUDGET

YTDACTUAL

YTD VARIANCEOver / (Under)

2018Budget

Adjusted Budget

General Operating Fund $40,436,633 $36,608,836 ($3,827,797) $164,074,780 $164,074,780

Water Operating Fund $12,751,054 $12,238,330 ($512,724) $43,179,000 $43,179,000

Wastewater Operating Fund $6,856,435 $6,918,505 $62,070 $27,395,000 $27,395,000

ES Residential Operating Fund $4,713,399 $3,899,617 ($813,782) $18,808,640 $18,808,640

ES Commercial Operating Fund $707,801 $688,381 ($19,420) $2,720,300 $2,720,300

Streets Operating Fund + Roadway $6,005,027 $4,982,194 ($1,022,833) $25,401,000 $25,401,000

Fleet Maint Operating Fund $1,621,838 $1,276,931 ($344,907) $8,229,000 $8,229,000

Health/Dental Ins Operating Fund $4,603,684 $3,809,420 ($794,263) $18,303,100 $18,303,100

Repair & Replacement, Other $5,627,101 $5,650,160 $23,058 $22,265,000 $22,265,000

Total $83,322,972 $76,072,375 ($7,250,597) $330,375,820 $330,375,820

GENERAL FUND: YTDBUDGET

YTDACTUAL

YTD VARIANCEOver / (Under)

2018 Budget

Adjusted Budget

Non-Allocated

CATV Franchise Fee $456,840 $491,431 $34,591 $1,800,000 $1,800,000

Electric Franchise $91,522 $94,278 $2,756 $395,000 $395,000

Investment Income $263,830 $144,684 ($119,146) $700,000 $700,000

Natural Gas Franchise $99,696 $103,566 $3,870 $480,000 $480,000

Other Non-Allocated Revenue $57,417 $106,256 $48,839 $375,000 $375,000

Privilege License Tax $20,726,000 $18,213,389 ($2,512,611) $86,000,000 $86,000,000

SRP In Lieu $0 $0 $1,100,000 $1,100,000

State Shared Privilege License Tax $5,343,080 $4,410,244 ($932,836) $22,300,000 $22,300,000

Urban Revenue Sharing $7,355,880 $7,342,795 ($13,085) $29,400,000 $29,400,000

Management and Policy $24,931 $45,543 $20,612 $99,000 $99,000

Management Services/Finance $3,500 $111,362 $107,862 $194,000 $194,000

Court $83,277 $85,709 $2,431 $338,000 $338,000

Development Services $2,004,652 $1,385,202 ($619,449) $6,493,000 $6,493,000

Police $751,998 $813,342 $61,344 $3,403,000 $3,403,000

Fire $990,640 $1,082,139 $91,499 $1,854,000 $1,854,000

Parks and Recreation $838,931 $907,011 $68,080 $3,494,500 $3,494,500

Public Works $0 $0 $0

Non-Departmental $743 $743 $0

Transfer Revenue $1,344,439 $1,271,143 ($73,296) $5,649,280 $5,649,280

TOTAL GENERAL OPERATING FUND $40,436,633 $36,608,836 ($3,827,797) $164,074,780 $164,074,780

Town of Gilbert - Revenue SummaryFiscal Year 2018 through September

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Fiscal Year 2018

Department Fund Description Approved By AmountPolice General Fund ‐ 110100 PD Lexipol Contract Town Manager 33,150$ Fire General Fund ‐ 110100 Fire Accreditation Town Manager 33,600$ Parks and Recreation General Fund ‐ 110100 PR ‐ Security Camera Master Plan Town Manager 30,000$ Parks and Recreation General Fund ‐ 110100 PR103 contingency Budget Director 14,000$ Parks and Recreation General Fund ‐ 110100 PR‐Elliot Park operational expenses Town Manager 50,000$ Town Manager General Fund ‐ 110100 TM ‐ Correct CDBG Allocation Town Manager 25,640$ Parks and Recreation General Fund ‐ 110100 PR ‐ Senior Center contract Budget Director 23,610$ Information Technology General Fund ‐ 110100 IT ‐ Kronos Clocks Budget Director 12,000$ Development Services General Fund ‐ 110100 Contract Planner LTA Town Manager 49,000$ Management and Budget General Fund ‐ 110100 OMB LTA Request Town Manager 25,000$

Public Works ‐ Engineering General Fund ‐ 110100Engineering ‐ Water/Wastewater Modeling Software/Equipment and Training

Town Manager 34,925$

Human Resources General Fund ‐ 110100 HR EEO/AAP Plan Budget Director 9,600$ Town Manager General Fund ‐ 110100 Appraisal for four town parcels Budget Director 7,500$ Capital Projects Capital Projects‐ 130002 Reconfiguration of office space Budget Director 16,000$ Police General Replacement Fund‐ 110101 PD Radar Trailer Replacement Town Manager 19,500$ Streets Streets‐Roads and Maintenace‐110102 TS166 ‐ Design advance from FY 2019 Town Manager 48,000$

431,525$

CUMULATIVE TO DATE Fiscal Year 2018

General Fund

Development Services 49,000$ Economic Development ‐$

Fire 33,600$ Human Resources 9,600$

Information Technology 12,000$ Management and Budget 25,000$

Non Departmental ‐$ Parks and Recreation 117,610$

Police 33,150$ Public Works‐ Engineering 34,925$

Redevelopment ‐$ Town Manager 33,140$

Town Prosecutor ‐$ Capital Projects 16,000$ Env. Services ‐$ Fleet ‐$ Replacement Fund 19,500$ Special Revenue

Streets ‐$ Streets‐ Roads and Maintenance 48,000$ Water ‐$ Waste Water ‐$

431,525$

1st QuarterCONTINGENCY REPORT

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Chris Payne 10/23/2017 5:25:45 PMLaura Lorenzen 10/23/2017 12:56:43 PM

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COUNCIL MEETING AGENDA - Town of Gilbert

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