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2020.0421.TCRM.Packet
NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL Mayor Ginny Dickey Vice Mayor Mike Scharnow Councilmember Dennis Brown Councilmember Sherry Leckrone Councilmember Alan Magazine Councilmember David Spelich Councilmember Art Tolis TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, APRIL 21, 2020 WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting. PUBLIC NOTICE Due to the COVID-19 pandemic, meetings of the Fountain Hills Town Council will be closed to the public. Previous items that may have been of interest for public comment or were not directly related to the operation of the Town have been removed from the agenda. As always, the meeting will be broadcast live on Cox Channel 11 and streamed from the internet at www.fh.az.gov. We will continue to look to our state leaders and health care professionals for further direction. Thank you for your compassion and care for the community as we go through this together. MEETING AGENDA MEETING AGENDA COMMENT ON ANY OF THE FOLLOWING AGENDA ITEMS HERE NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3). 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey 2.MOMENT OF SILENCE 3.ROLL CALL – Mayor Dickey 4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER A.PROCLAMATION designating April 21, 2020, as Earth Day 5.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. A.CONSIDERATION OF approving the meeting minutes of the Regular Meeting of April 7, 2020. B.CONSIDERATION OF the Amended Plat of Parcel "B" at Firerock, a Condominium, located south of Shea Boulevard on the east side of E. Firerock Country Club Drive. C.CONSIDERATION OF Approval for the Four Peaks Park Restroom Renovations by JP and Sons Contracting, Inc through the Job Order Master Agreement, Contract No. 2019-006P2. D.CONSIDERATION OF approving two (2) Special Event Liquor License applications for the River of Time Museum for fundraising dinners to be held in the Fountain Hills Community Center on May 27, 2020 and August 8, 2020. E.CONSIDERATION OF approving an amendment to PSA 2019-077, changing the terms from a Town Council Regular Meeting of April 21, 2020 2 of 3 E.CONSIDERATION OF approving an amendment to PSA 2019-077, changing the terms from a contract of $30,000 per year for 5 years to a contract amount not to exceed $50,000 per year for 3 years for the Home Delivered Meals Program. 6.REGULAR AGENDA A.CONSIDERATION OF approving the Professional Services Agreement with Black & Veatch, Contract No. 2020-080 and the associated budget transfer. 7.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council. 8.ADJOURNMENT CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Town Council with the Town Clerk. Dated this ______ day of ____________________, 2020. _____________________________________________ Elizabeth A. Burke, MMC, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's Office. Town Council Regular Meeting of April 21, 2020 3 of 3 ITEM 4. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 04/21/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Reports Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council SPECIAL PUBLIC APPEARANCES/PRESENTATIONS (Agenda Language): PROCLAMATION designating April 21, 2020, as Earth Day Staff Summary (Background) Mayor Dickey will be proclaiming April 21, 2020, as Earth Day. Attachments Proclamation - Earth Day Form Review Inbox Reviewed By Date Finance Director David Pock 03/03/2020 02:36 PM Town Attorney Aaron D. Arnson 03/05/2020 07:43 AM Town Manager Grady E. Miller 03/05/2020 11:38 AM Form Started By: Angela Padgett-Espiritu Started On: 03/03/2020 02:18 PM Final Approval Date: 03/05/2020 ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 04/21/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving the meeting minutes of the Regular Meeting of April 7, 2020. Staff Summary (Background) The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the Town's website and maintained as permanent records in compliance with state law. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approving the minutes of the Regular Meeting of April 7, 2020. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting of April 7, 2020. Attachments Minutes Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 04/08/2020 06:13 PM Form Started By: Elizabeth A. Burke Started On: 04/08/2020 05:41 PM Final Approval Date: 04/08/2020 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 7, 2020 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey Mayor Dickey called the meeting of the Fountain Hills Town Council of April 7, 2020, to order at 5:30 p.m. and led the Council and staff members in the Pledge of Allegiance. 2.MOMENT OF SILENCE Mayor Dickey asked for a Moment of Silence. 3.ROLL CALL – Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor Mike Scharnow; Councilmember Sherry Leckrone (telephonically); Councilmember Art Tolis (telephonically); Councilmember Dennis Brown (telephonically); Councilmember Alan Magazine; Councilmember David Spelich Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Elizabeth A. Burke 4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER Town Manager Grady Miller said that there will be some changes taking effect with regard to recycling. He said that residents should still put their recycling items in the recycling bin, but it will be taken to the landfill temporarily during the COVID-19 pandemic. Mr. Miller reminded everyone that next week would be the Council's Budget Workshop, but it would be done telephonically, with none of the members of the Council attending in person. He and Mr. Pock will be doing most of the presentation. It will be televised for the public's viewing. He said that they have been told that the next 10-14 days will be the peak of cases with COVID-19 and they are trying to keep their social distancing by having everyone remain at home. He said that the public has not usually participated in the budget workshops, but they have always been able to comment ahead of time so they will be sending out instructions on how that will work. Town Clerk Elizabeth Burke then gave an update to the upcoming special election on May 19, 2020, and also reported on the official listing of candidates for the August 4, 2020, Primary Election. Councilmember Spelich thanked all of the healthcare workers--the doctors and nurses. He said that the Coronavirus has crippled their economy. The restaurants and businesses have been devastated. He thanked Mr. Miller for working th entire weekend as he continued to speak with him after residents began calling and e-mailing about restaurants that have not been complying with the Executive Order. He complimented those restaurants that have been compliant. He said that there was one restaurant in town whose behavior during this time has been unconscionable. The disrespect that the owner has shown to Town staff and MCSO deputies is mind boggling. He said that he believes that they have damaged their reputation, and they owe the community an apology for the way they have conducted themselves. Councilmemnber Scharnow said that he would urge everyone to simply not panic; be kind and considerate, not hoard anything and keep calm and carry on with social distancing. He said that for many of them it is a holy week, with Passover for the Jewish faith and Easter for Christians. He said that Easter means hope and among all of this chaos, there is always hope. He thanked Councilmember Spelich for his comments as well. Mayor Dickey read the following statement: As we conduct another meeting with very limited staff and Council mostly on the phone, please know that all the surfaces have been sanitized, we are practicing distancing and have masks if needed. We continue to explore new ways for public engagement, and please watch the Times and our Website for updates. The Town of Fountain Hills issued our first Emergency Proclamation on 3/18 and you may have heard we released second and third emergency proclamations in order in incorporate terms of the Governor Ducey’s Executive Orders, particularly his changes to the essential services list and the new approval of a Presidential Major Disaster Declaration for AZ. Our Emergency Declaration also serves as a sort of timeline describing the Federal, State and local actions up to today. Again, please check with the Times at www.fhtimes.com and our Website www.fh.az.gov to see the language as it very clearly states what is expected of us to keep our State as safe as possible, and offers assistance through the economic struggles many are facing. The Fountain Hills' Chamber is a local resource at www.fountainhillschamber.com. Gov. Ducey’s Executive Orders are Arizona law, enforceable by municipal police and MCSO. Although it is the Governor’s and all our hope that once informed, community members will show care and concern for their neighbors, healthcare workers and first responders by following the safety recommendations and rules. Staff and I have had regular contact and been on almost daily calls with State and local leaders, both Senators, lawmakers and the County. They are assisting with all aspects of the pandemic, including supply chain issues, which again, we have the power to control by not overbuying and being aware of those who are at a disadvantage accessing food and medicine. There are a few websites that are good, basic sources, and a couple of phone numbers I would like to mention while we are streaming and for Ch 11: The Arizona Together Initiative connects individuals and businesses to resources www.ArizonaTogether.org For Arizona-specific public health guidance go to www.azdhs.gov Center for Disease Control Homepage is www.cdc.gov. The Arizona Commerce Authority has compiled resources for small businesses and workers www.azcommerce.com. Town Council Regular Meeting of April 7, 2020 Page 2 of 7 Last, information from the County says if you are in need of immediate assistance, to call the Area Agency on Aging’s 24-hour Senior Help Line, 602-264-4357 And any Arizonan can dial 2-1-1, and callers will be able to talk to a live operator during business hours. The Council, staff and I will continue to keep you informed as we move through these next difficult weeks. In the meantime, staying connected is important. The Dark Skies folks figured out a fun way to do that with their Virtual Dark Sky Festival, which can still be watched online. Other groups are coming up with creative ways to help us reduce stress, listen to music, read aloud, watch plays and movies and otherwise interact until we get to emerge and see each other in person again. Councilmember Magazine asked the public to help the Food Bank. He said that people out there are hurting and anything they can do to help supply the Food Bank is appreciated. Councilmember Tolis asked what was meant by Councilmember Spelich's comments, and whether people were being arrested. He said that would seem to conflict with their Constitutional rights. Captain Kratzer came forward and said that Governor's Executive Order 2020-09 allows restaurants to stay open for to-go orders, curbside take-out, or delivery, but they cannot have onsite dining. He said that their biggest challenge has been with patrons using the patios and tables that are set up. They have approached them from an educational standpoint and for the most part have gained voluntary compliance. He said that Arizona Revised Statutes 26-317 does require that people follow the orders given by the Governor in times of emergency. He said that they have all had those legal questions as they are in unchartered territory, but there is a provision that if it is violated, they are open to a citation. He said that this applies to individuals as well. He said that a citation is their last resort; they are reserving it for the most egregious of violators. Captain Kratzer said that most of the restaurants have been understanding and are willing to take measures to deter onsite dining. Councilmember Magazine said that while he is aware of a specific problem, overall he is finding that the restaurants are following the order. He said that they go to various restaurants and they are bringing the food to the curbside, or to the window, and he complimented those restaurants for handling so well under dire circumstances. He is especially concerned for the servers and kitchen staff. He urged the public to give sizable tips, more than usual. Councilmember Tolis said that he did not think that the Executive Order is intended to limit someone's ability to go out and be in the fresh air. He said that a lot of the restaurants have outdoor patios, and if they are within the social distancing people can still use them. Mayor Dickey said that after the Executive Order was issued regarding restaurants, then the Governor issued the Stay at Home order. She said that it allows the public to do certain things, but they are trying to prevent the attraction for anyone to stay and gather until April 30. Captain Kratzer said that the Executive Order is clear, STAY AT HOME ORDER. It outlines essential services and outside of those there is not much of a gray area that would allow sitting on a patio, even if they are practicing social distances. Mr. Arnson echoed those statements, emphasizing that EO2020-09 prohibits onsite dining. Title 26 of the Arizona Revised Statutes gives the Governor executive authorization to issue Town Council Regular Meeting of April 7, 2020 Page 3 of 7 Title 26 of the Arizona Revised Statutes gives the Governor executive authorization to issue such an order and the residents of the state and municipalities are bound that by order. Mayor Dickey said that those people providing essential services have to do that; they are providing a service. The rest are being asked to stay home until April 30. People can still go out and pick up food and drinks, but then they are to take it home. She said that they can spend time with their families. Speaking from a week of getting a lot of input from the citizens, there are many people in the Town that want to be safe. 5.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. MOVED BY Councilmember Alan Magazine, SECONDED BY Vice Mayor Mike Scharnow to approve the Consent Agenda Items 5A through 5F. Vote: 7 - 0 Passed - Unanimously A.CONSIDERATION OF approving the meeting minutes of the Council Retreat of February 25, 2020, the Special Meeting of March 17, 2020, and the Regular Meeting of March 17, 2020. B.CONSIDERATION OF approving a Liquor License Application for Pizza Hut, located at 13693 N Fountain Hills Boulevard #103, Fountain Hills, Arizona, for a Series 10 (Beer and Wine Store) license. C.CONSIDERATION OF ratifying the Town Manager's emergency approval of a Professional Services Agreement (Contract No. 2020-071), with Wood Patel & Associates for engineering design services for the Panorama Drive storm drain replacement. D.CONSIDERATION OF (1) Adopting Resolution 2020-05, abandonment of a portion of the existing Eagle Ridge Drive right-of-way and appurtenant easements, north of Harmony Lane in Adero Canyon; and (2) Adopting Resolution 2020-10, dedication of new right-of-way and easements for Eagle Ridge Drive, north of Harmony Lane in Adero Canyon. E.CONSIDERATION OF adopting Resolution 2020-14 approving an Intergovernmental Agreement with the Maricopa County Flood Control District for Golden Eagle Park Dam, Debris Mitigation Improvements. F.CONSIDERATION OF approval of Professional Services and Employment Agreement between the Town of Fountain Hills and Robert E. Melton for the position of Presiding Judge of the Fountain Hills Municipal Court. 6.REGULAR AGENDA A.CONSIDERATION OF approving a Cooperative Purchase Agreement 2020-076 with Level 3 Audio Visual LLC for the replacement of council chambers audio and video equipment. Mr. Miller noted that this item had been discussed at the recent Retreat. IT Manager Mike Town Council Regular Meeting of April 7, 2020 Page 4 of 7 Mr. Miller noted that this item had been discussed at the recent Retreat. IT Manager Mike Ciccarone said that he had no PowerPoint presentation to give, but he said that the current audio visual equipment was installed in 2005. Over the past few years they have had equipment failures and parts are becoming harder and harder to obtain. They have also received complaints form the public of not being able to hear some of the Councilmembers during meetings. He said that once a meeting is over it takes about the same amount of time to encode the recording to be able to place it on YouTube. The new equipment will allow that process to be done within minutes. He said that the proposed equipment will alleviate all of these issues. He said that the Town received four proposals; three of which were based on a state cooperative contract. He also reached out to the licensing division with the Town, but found one additional vendor had actually moved out of town and the other did not return his calls or emails. Mr. Ciccarone said that if this is approved, it will be about eight weeks for the vendor the purchase the equipment, receive it, and then configure it in their office. They will first test it and then bring it out for installation. During that same time they will install new wiring, looking at an installation time around the middle of June. Councilmember Magazine asked about the warranty on the equipment. Mr. Ciccarone said that it has a one year warranty which is typical on A/V equipment. They do have the ability to purchase additional years, but typically they would have equipment failures around 10-15 years; the first few years are usually fine. Councilmember Brown asked how long the vendor had been in business. Mr. Ciccarone said that he did not know that off-hand, but it is a national company that has been around some time. Councilmember Brown said that every member of the public and the Council is putting their faith in this. He asked if there was anything he would do differently. Mr. Ciccarone said that for what they do in the room, this system will take care of their needs for many years to come. He thinks it is a good proposal. Councilmember Brown said that he appreciated the hard work he has put into the proposal. Councilmember Spelich said that this was brought up during the budget meeting at the Community Center. When it was brought up, he had made some comments, but Councilmember Brown was sitting next to him and explained that it is needed, and they have been promising this since he has been on the Council. He said that they owe it to those that cannot be at the meeting. Councilmember Spelich said that Councilmember Brown changed his outlook on this purchase. He believes that Mr. Ciccarone researched it well and after listening to the elder Councilmember and residents, he tends to say it is necessary. Councilmember Leckrone said that she thought they were all in agreement. She looked at this as a necessity; something that they have an obligation to do. She said that it was long overdue. MOVED BY Councilmember Dennis Brown (telephonically), SECONDED BY Councilmember Sherry Leckrone (telephonically) to approve the Cooperative Purchase Agreement with Level 3 Audio Visual LLC in the amount of $118,943.23. Vote: 7 - 0 Passed - Unanimously Town Council Regular Meeting of April 7, 2020 Page 5 of 7 B.CONSIDERATION OF Approving the Professional Service Agreement with Consolidated Electrical Distributors, Inc., Contract No. 2020-072. Mr. Miller said that as the Councilw as aware, the lighting of the fountain is aged and all of the infrastructure is needing repair. Over the last few years they have had a number of failures. Community Services Director Rachael Goodwin gave a brief PowerPoint presentaiton which addressed: FOUNTAIN LIGHTS DOWN IN INTERWORKINGS CURRENT OPERATIONS RESEARCH FOR REPLACEMENT THE PRODUCT WHY NOW AND WHO SUPPORTS THIS EFFORT? She said that Kevin Rose, representing the manufacturer, was on the phone should anyone have a question for him. Vice Mayor Scharnow said that he thought this was great and desperately needed. It fits in perfect with the anniversary since the fountain in the Town's namesake. MOVED BY Vice Mayor Mike Scharnow, SECONDED BY Councilmember David Spelich to approve the Professional Service Agreement with Consolidated Electrical Distributors, Inc., Contract No. 2020-072. Vote: 7 - 0 Passed - Unanimously 7.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council. None 8.ADJOURNMENT The Regular Meeting of the Fountain Hills Town Council held April 7, 2020, adjourned at 6:25 p.m. MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Alan Magazine to recess the meeting of April 7, 2020. Vote: 7 - 0 Passed - Unanimously TOWN OF FOUNTAIN HILLS ____________________________ Ginny Dickey, Mayor Town Council Regular Meeting of April 7, 2020 Page 6 of 7 ATTEST AND PREPARED BY: ______________________________ Elizabeth A. Burke, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 7th day of April, 2020. I further certify that the meeting was duly called and that a quorum was present. DATED this 21st day of April, 2020. _________________________________ Elizabeth A. Burke, Town Clerk Town Council Regular Meeting of April 7, 2020 Page 7 of 7 ITEM 5. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 04/21/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF the Amended Plat of Parcel "B" at Firerock, a Condominium, located south of Shea Boulevard on the east side of E. Firerock Country Club Drive. Staff Summary (Background) Parcel "B" at Firerock was platted in 2015 as a condominium development with 64 dwelling units. With condominium developments, the land is held in common by the property owners. The "lots" or units shown on the plat represent the footprint of the dwelling units. The plat also designates the Common Elements (CE), areas to which all owners have access, and Limited Common Elements (LCE), areas that are for the exclusive use of the owners of the adjacent dwelling unit. Work on the subdivision improvements began soon after the plat was approved and units started being built in 2016. Now, in 2020, most of the units have been built and the exact footprint of the home is known for most lots. This allows the developer to now replat the subdivision with the exact boundaries of the units, common areas and limited common areas. The amended plat still has 64 dwelling units and the street and utility configuration is the same as the approved plat. The only difference between this plat and the original plat is that the amended plat now represents the built condition on the property. The plat is in conformance with the Town's zoning ordinance and subdivision regulations. Related Ordinance, Policy or Guiding Principle Subdivision Ordinance Sec. 2.03 I. Condominium Subdivisions Subdivision Ordinance Sec. 2.07 Replat Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the Amended Plat of Parcel "B" at Firerock, a Condominium. SUGGESTED MOTION MOVE to approve the Amended Plat of Parcel "B" at Firerock, a Condominium. Attachments Application Vicinity Map Amended Final Plat Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 04/07/2020 11:09 AM Finance Director David Pock 04/07/2020 11:17 AM Town Attorney Aaron D. Arnson 04/08/2020 08:40 AM Town Manager Grady E. Miller 04/08/2020 10:45 AM Form Started By: John Wesley Started On: 03/24/2020 04:18 PM Final Approval Date: 04/08/2020 Vicinity CASE: S2020-02 SITE / ADDRESS: AMENDED PLAT OF PARCEL B AT FIREROCK A CONDOMINIUM 15900 E RIDGESTONE DR APN# 176-11-670 REQUEST: Amended Plat of Parcel B at Firerock ???? All that is Ariz on a FO U N TAIN HIL L S TOWN OF INC. 1989 MCDOWELL MOUNTAIN REGIONAL PARK SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY FO R T M C D O W E L L Y A V A P A I N A T I O N SC O T T S D A L E SHEA B L V D F I R E R O C K C O U N T R Y C L U B D R Site Location Vicinity MapMap ::S2020-02S2020-02 CaseCase DetailsDetails ITEM 5. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 04/21/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Jamie Salentine, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF Approval for the Four Peaks Park Restroom Renovations by JP and Sons Contracting, Inc through the Job Order Master Agreement, Contract No. 2019-006P2. Staff Summary (Background) At the March 19, 2019 meeting, the Town Council approved a number of Job Order Master Agreements specifically for construction. Each of these agreements were approved with an amount of $125,000 allowed annually. The Town Council approved the job order contracts with the understanding that any project over $50,000 would be brought back to Council for approval using one or more of the job order contracts. The current proposed project is for a Four Peaks Park restroom renovation with JP and Sons Contracting, Inc. The restroom at Four Peaks sustained significant vandalism and damage a number of years ago. Damage and vandalism have been curbed substantially as the park has undergone redevelopment. However, a drinking fountain and two interior sinks remain missing or damaged, and the walls have rust and unsightly stains. The project is part of the Four Peaks Park renovations identified in the 2020 Capital Improvement Program budget. This interior renovations consist of stainless steel sinks and toilet fixtures, drinking fountain installation, replacement of 14 dim incandescent lights with new LED outdoor tamper-proof lights, and wood frame walls removed from handicapped stalls and replaced with vandalism-resistant CMU block and new hand railings. The original paper towel dispensers that are no longer used and other wall indentations will be removed and replaced with new block. The floors will be epoxied with professional grade epoxy flooring that will extend four inches up the wall to allow for easier cleaning and eliminate the gaps between the existing flooring and the walls. Proposals were obtained from three approved vendors within the Job Order Agreements. The project estimate is $73,000 with funding available within the existing CIP project budget. The contract has been renewed and vendor is current on insurance and business license requirements. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis None. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to Approve the Four Peaks Park Restroom Renovations by JP and Sons Contracting, Inc through the Job Order Master Agreement, Contract No. 2019-006P2. Fiscal Impact Fiscal Impact:$73,000 Budget Reference:P3035 Funding Source:CIP FY19-20 If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments Approved Renewal Letter Cost Estimate Restroom pictures Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 04/07/2020 05:07 PM Finance Director David Pock 04/07/2020 05:13 PM Town Attorney Aaron D. Arnson 04/08/2020 08:47 AM Town Manager Grady E. Miller 04/08/2020 10:15 AM Form Started By: Jamie Salentine Started On: 04/02/2020 05:01 PM Final Approval Date: 04/08/2020 J.P. and Sons Contracting, Inc. 18937 E. Via Del Verde Queen Creek, AZ 85142-4071 4809878885 tom@jpandsonsinc.com Estimate 4680 ADDRESS SHIP TO Fountain Hills - 16705 E. Avenue of Fountain Hills Fountain Hills, AZ 85268 Fountain Hills - Four Peaks Park 14825 N. Del Cambre Fountain Hills, AZ 85268 DATE 03/12/2020 TOTAL $65,593.14 ACTIVITY QTY RATE AMOUNT Services Restrooms remodel at Men's/Women's 1 0.00 0.00 General Conditions General Conditions - 1.5 weeks 1 2,775.00 2,775.00 Labor & Material Remove and replace 5 toilets, 1 urinal, 6 Sloan valves, 6 lav sinks, 6 faucets, 6 drain works and safety wraps, 12 angle stops, 6 mirrors and 4 ADA grab bars. Remove existing drinking fountain and install customer supplied two tier drinking fountain with bottle fill. Install proper water supply and drain for drinking fountain. 1 48,157.13 48,157.13 Labor & Material Demo and replace 14 outside tamper-proof lights in Men's and Women's Bathrooms. 1 2,368.00 2,368.00 Labor & Material Remove wood frame walls, add CMU block. Also fill in cracks at removed dispensers. 1 1,895.00 1,895.00 Labor & Material We will pressure wash all CMU walls, then add a primer paint. 1 1,840.00 1,840.00 Labor & Material Epoxy concrete floors, 100% polyurethane, 100% solids, diamond grind floor, dust free, crack repair. 1 2,195.00 2,195.00 Labor & Material JP and Sons will haul all debris offsite and provide a handicap J-John. 1 400.00 400.00 Overhead & Profit 10% 1 5,963.01 5,963.01 Optional L&M to replace toilet pass through carrier and ancillary parts. - $1,528.00 each L&M to replace carrier pass through nipple. - $316.45 1 0.00 0.00 Sales Tax - AZ State/County/City In accordance to Arizona tax codes: A.R.S. 42-5009 & A.R.S. 42-5075, contractors who maintain, repair, replace, or alter real property is subject to sales tax at the point of purchase on the building materials used in those projects & labor is not taxable. 1 0.00 0.00 TOTAL $65,593.14 JP and Sons Contracting, Inc proposes the following; THANK YOU. Accepted By Accepted Date ITEM 5. D. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 04/21/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Mike Fenzel, Community Center Manager Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving two (2) Special Event Liquor License applications for the River of Time Museum for fundraising dinners to be held in the Fountain Hills Community Center on May 27, 2020 and August 8, 2020. Staff Summary (Background) The purpose of this item is to obtain Council's approval regarding the two (2) Special Event Liquor License applications submitted by Cherie Koss, representing the River of Time Museum for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of the applications as submitted. All applicants are required to submit a Town alcohol application and a $25 fee. Once the fee is paid and the application is reviewed by Town staff, the application is forwarded to the Town Council for its review and consideration. After the application is approved by Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor, and be issued a physical license to be displayed for the duration of the event. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02, 4-244, and 4-261; R1-1-228, R19-1-235, and R19-1-309. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the Special Event Liquor Licenses. SUGGESTED MOTION MOVE to approve the Special Event Liquor Licenses for the River of Time Museum. Attachments Applications Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 04/07/2020 10:41 AM Finance Director David Pock 04/07/2020 10:50 AM Town Attorney Aaron D. Arnson 04/07/2020 11:15 AM Town Manager Grady E. Miller 04/07/2020 11:36 AM Form Started By: Mike Fenzel Started On: 04/06/2020 08:28 AM Final Approval Date: 04/07/2020 ITEM 5. E. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 04/21/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Jennifer Lyons, Senior Services Supervisor Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving an amendment to PSA 2019-077, changing the terms from a contract of $30,000 per year for 5 years to a contract amount not to exceed $50,000 per year for 3 years for the Home Delivered Meals Program. Staff Summary (Background) Home Delivered Meals (HDM) has provided nutritious meals to residents for nearly 30 years. To qualify for the HDM program, residents must meet one or more of the following criteria: 1. have a chronic physical condition; 2. be recovering from a hospital stay; 3. be a caregiver for a physically or mentally impaired person; or 4. be age 80 or older. The HDM program delivers meals 365 days a year, including weekends and holidays. In April 2018, a Request for Proposals was issued for a vendor to prepare meals for the HDM program, and Fountain View Village was selected as the vendor. The Town Council approved Professional Service Agreement 2019-077 on June 18, 2019, to be the provider of meals for the Home Delivered Meals program. The terms of this Agreement were not to exceed $30,000 per year and not to exceed $150,000 over 5 years. Also, under this Agreement, the vendor agreed to decrease the cost per meal from $7.50 to $6.50 until June 30, 2022. Due to the decrease in meal cost and the recent COVID 19 pandemic, there has been an increase in clients participating in the HDM program, thus exceeding the number of meals that were expected to be delivered in this fiscal year. Staff is proposing to amend the agreement to change the term from five years to three years with a maximum of fifty thousand dollars expended annually for meals. Amending this agreement will ensure meals would continue to be delivered to residents without disruption and the vendor would continue to be compensated. In addition, amending the agreement will align the price guarantee by the vendor with the termination date of the agreement. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis If the agreement were not amended, there would need to be a reduction of either residents being served or a reduction of days meals could be served. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends amending the agreement. SUGGESTED MOTION MOVE to approve the First Amendment to Professional Service Agreement 2019-077. Attachments Amendment PSA Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 04/08/2020 01:14 PM Finance Director David Pock 04/08/2020 01:20 PM Town Attorney Aaron D. Arnson 04/08/2020 01:41 PM Town Manager Grady E. Miller 04/08/2020 03:00 PM Form Started By: Jennifer Lyons Started On: 04/07/2020 02:29 PM Final Approval Date: 04/08/2020 1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN TOWN OF FOUNTAIN HILLS AND SL FOUNTAIN VIEW VILLAGE, LLC D/B/A FOUNTAIN VIEW VILLAGE This FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “First Amendment”) is made to be effective as of April 21, 2020, (the “Effective Date”) between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and SL Fountain View Village, LLC, a Delaware limited liability company, d/b/a Fountain View Village (the “Contractor”). RECITALS A. The Town and the Contractor entered into that certain Professional Services Agreement (2019-077), dated July 1, 2019 (the “Agreement”), pursuant to which the Contractor agreed to provide food preparation services for delivery by the Town (the “Services”). B. The parties wish to increase the amount of services provided under the Agreement due to COVID-19 related necessity. AGREEMENT NOW, THEREFORE, in consideration of the foregoing 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 is hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Agreement. The Term of the Agreement is hereby extended until June 30, 2021. 2. Compensation. The Town shall pay the Contractor an annual aggregate amount not to exceed $50,000.00 for the services at the rates per meal set forth in Exhibit A of the Agreement. The maximum aggregate amount for this First Amendment, including all Renewal Terms, shall not exceed $150,000.00. 3. Capitalized Terms. Capitalized terms used but not otherwise defined in this First Amendment shall have the meanings assigned to them in the Agreement. In the case of a conflict in meaning between the Agreement and this First Amendment, this First Amendment shall prevail. 4. Continuing Effect. Except as expressly modified or amended by this First Amendment, all terms and provisions of the Agreement shall remain in full force and effect. 5. Execution in Counterparts. This First Amendment may be executed in any number of counterparts, each of which shall be deemed an original. 14369070.1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ___________________, 2020, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 14369070.1 “Contractor” SL FOUNTAIN VIEW VILLAGE, LLC, a(n) Delaware limited liability company, d/b/a Fountain View Village By: Name: Title: (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ____________________, 2020, before me personally appeared ____________________, the __________________ of SL FOUNTAIN VIEW VILLAGE, LLC, a(n) Delaware limited liability company, d/b/a Fountain View Village, whose identity was proven to me on the basis of satisfactory evidence to be the ______________________ of the limited liability company. Notary Public (Affix notary seal here) ITEM 6. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 04/21/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Community Services Prepared by: Jamie Salentine, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving the Professional Services Agreement with Black & Veatch, Contract No. 2020-080 and the associated budget transfer. Staff Summary (Background) The fountain structure, lake, and operating systems are approaching 50 years old, and the lake liner is approaching 20 years old. These milestones are raising questions about the longevity of and potential repair and replacement needs for our community icon. Many of the components that operate the lake and fountain are original and have not been tested or evaluated. In order to prudently prepare and budget for the repairs and replacements that may be needed, an engineer’s assessment is recommended. The scope of services to be provided in the assessment include liner leak testing, an electrical component test, including an arc flash and short circuit analysis, consideration of variable frequency drives, and mechanical testing, including pressure testing, video scoping inside the main line from the pump house to fountain, and diver evaluations of submerged equipment. The current irrigation system would also be evaluated to consider the installation of a double loop system, as well as the possibility of a direct feed water source from the Fountain Hills Sanitary District, in order to improve irrigation water quality, which would greatly improve plant and turf health. In addition to the evaluations, this assessment would begin to identify the process for lake liner removal and replacement, including options for water drainage, sediment removal, wildlife remediation, environmental impacts, etc. The requested contract totals $139,648 and includes a $20,000 owner allowance, should additional testing be needed based on initial findings. The firm, Black & Veatch, was one of two firms engaged to review the project and offer a scope and corresponding budget. Black & Veatch was the contracted engineering firm for the previous lake liner replacement in 2000. The firm is familiar with the issues faced at that time and the change in conditions and resources since. Testing would be administered in phases and with the coordination of staff. If approved, and pending current health concerns, testing and evaluations would begin this summer and with a final report anticipated in late 2020 or early 2021. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval SUGGESTED MOTION MOVE to approve the Professional Services Agreement with Black & Veatch, Contract No. 2020-080 and the associated budget transfer. Fiscal Impact Fiscal Impact:$139,648 Budget Reference:CIP Funding Source: If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments Contract Budget Transfer Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 04/08/2020 01:11 PM Finance Director David Pock 04/08/2020 01:18 PM Town Attorney Aaron D. Arnson 04/08/2020 01:35 PM Town Manager Grady E. Miller 04/08/2020 02:16 PM Form Started By: Jamie Salentine Started On: 03/26/2020 01:03 PM Final Approval Date: 04/08/2020 1 Contract No. 2020-080 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND BLACK & VEATCH CORPORATION THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into as of April 21, 2020, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Black & Veatch Corporation, a(n) Delaware corporation (the “Consultant”). RECITALS A. Pursuant to Section 7.1 of the Town’s Procurement Policy and Section 3-3-26 of the Town Code, the Town may directly select certain consultants for professional and technical services. B. The Consultant possesses the specific skill and experience required to perform services related to Phase 1 of the Fountain Hills Fountain Rehabilitation Study, as set forth in the Consultant’s Proposal attached hereto as Exhibit A and incorporated herein by reference (the “Services”). C. The Town desires to enter into an Agreement with the Consultant to perform the Services, more particularly set forth in Section 2 below. 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 Town and the Consultant hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until April 20, 2021 (the “Initial Term”), unless terminated as otherwise provided in this Agreement. After the expiration of the Initial Term, this Agreement may be renewed for up two successive one-year terms (the “Renewal Term”) if (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal, (ii) at least 30 days prior to the end of the then- current term of this Agreement, the Consultant requests, in writing, to extend this Agreement for an additional one-year term and (iii) the Town approves the additional one-year term in writing (including any price adjustments approved as part of this Agreement), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Consultant’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Consultant, elect to waive this requirement and renew this Agreement. The Initial Term and the Renewal Term are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2 2. Scope of Work. Consultant shall provide the Services as set forth in the Proposal attached hereto as Exhibit A. 3. Compensation. The Town shall pay the Consultant an aggregate amount not to exceed $139,648.00 at the rates set forth in the Proposal attached as Exhibit A. 4. Payments. The Town shall pay the Consultant monthly, based upon work performed and completed to date, and upon submission and approval of invoices. The Town shall pay all approved invoice within thirty days of receipt. All invoices shall document and itemize all work completed to date. Each invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. This Agreement must be referenced on all invoices. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. Nothing contained in this Section shall be construed as limiting or depriving Consultant of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. 6. Consultant Personnel. Consultant shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Consultant agrees to assign specific individuals to key positions. If deemed qualified, the Consultant is encouraged to hire Town residents to fill vacant positions at all levels. Consultant agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Consultant shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Consultant’s performance. The Consultant shall provide and maintain a self- inspection system that is acceptable to the Town. 8. Licenses; Materials. Consultant shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Consultant. The Town has no obligation to provide Consultant, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Consultant. 9. Performance Warranty. Consultant warrants that the Services rendered will conform to the requirements of this Agreement and with the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. 10. Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court 3 costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Consultant, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Consultant, Consultant shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town’s option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Consultant. The Town 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 Consultant 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. C. Additional Insured. All insurance coverage, 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, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Consultant’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. 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 years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the 4 three-year period. G. Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Consultant. Consultant shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Consultant shall be solely responsible for any such deductible or self-insured retention amount. I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Consultant shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Agreement and insurance requirements set forth herein protecting the Town and Consultant. Consultant shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Consultant will provide the Town with suitable evidence of insurance in the form of certificates of insurance t, issued by Consultant’s insurance 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 force and effect. The Town shall reasonably rely upon the certificates of insurance of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Consultant’s responsibility to forward renewal certificates to the Town 30 days prior to the expiration date. All certificates of insurance required by this Agreement shall be identified by referencing the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates received without the appropriate RFP number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance submitted without referencing the appropriate RFP number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability - Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent. (b) Auto Liability - Under ISO Form CA 20 48 or equivalent. 5 (c) Excess Liability - Follow Form to underlying insurance. (2) Consultant’s insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers’ Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Consultant under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. 11.2 Required Insurance Coverage. A. Commercial General Liability. Consultant shall maintain “occurrence” form Commercial General Liability insurance with a limit of $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 ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, 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 subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Consultant shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Consultant’s owned, hired and non-owned vehicles assigned to or used in the performance of the Consultant’s work or services under this Agreement. Coverage will be at least as broad as ISO 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 the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Consultant engages in any professional services or work in any way related to performing the work under this Agreement, the Consultant shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Consultant, or anyone employed by the Consultant, or anyone for whose negligent acts, mistakes, 6 errors and omissions the Consultant is legally liable, with a liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Consultant’s employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town. 12. Termination; Cancellation. 12.1 For Town’s Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Consultant of written notice by the Town. Upon termination for convenience, Consultant shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting party, such party will be in default. In the event of such default, the non-defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party’s nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non-defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days’ written notice to Consultant in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a Consultant to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Consultant, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, 7 entertainment, gifts or otherwise, were offered or given by the Consultant or any agent or representative of the Consultant to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Consultant an amount equal to 150% of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Consultant fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Consultant shall be relieved of any subsequent obligation under this Agreement. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Consultant acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Consultant, its employees and subcontractors are not entitled to workers’ compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Consultant, its employees or subcontractors. The Consultant, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Consultant meets the requirements as agreed in Section 2 above and in Exhibit A. Consultant is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Consultant do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in federal or state courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Consultant shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Consultant is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 8 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Consultant. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 13.8 Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Consultant without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Consultant in violation of this provision shall be a breach of this Agreement by Consultant. 13.9 Subcontracts. No subcontract shall be entered into by the Consultant with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Consultant is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Consultant. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town’s acceptance of and payment for services, shall not release the Consultant from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 Attorneys’ Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement 9 of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Consultant any amounts Consultant owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Consultant any amounts Consultant owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager Pierce Coleman PLLC 4711 East Falcon Drive, Suite 111 Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney Black & Veatch Corporation 2231 East Camelback Road, Suite 250 Phoenix, Arizona 85216 Attn: Mike Caruso or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 10 13.15 Confidentiality of Records. The Consultant shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Consultant’s duties under this Agreement. Persons requesting such information should be referred to the Town. Consultant also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Consultant as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Consultant and its subcontractors are complying with the warranty under subsection 13.17 below, Consultant’s and its subcontractor’s books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Consultant and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Consultant’s and its subcontractors’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Consultant’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Consultant pursuant to this Agreement. Consultant and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Consultant or its subcontractors reasonable advance notice of intended audits. Consultant shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Consultant and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Consultant’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.18 Israel. Consultant certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Proposal, any Town-approved invoices, and the RFP, the documents shall govern in the order listed herein. 13.20 Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. 11 13.21 Neither party shall be responsible or held liable to the other party for special, indirect, incidental, punitive, exemplary, or consequential damages, or for loss of profit, investment, product, use, goodwill, opportunity, or revenue; business interruption; cost of capital or replacement goods, services, facilities or power; governmental and regulatory sanctions; and claims of customers for all such damages; whether arising under breach of contract or warranty, tort, strict liability, indemnity, or any other theory of legal liability. 13.22 Any delays in or failure of performance by the Town or Consultant, other than payment of money, shall not constitute a default if, and to the extent, such delays or failures of performance are caused by a force majeure event, defined as occurrences or circumstances beyond the control of the Town or the Consultant as the case may be, including, but not limited to: acts of God or the public enemy; expropriation or confiscation of facilities; compliance with any order or request of any governmental authority; act or threat of war, pandemics (including the "COVID-19" pandemic), epidemics, and quarantines; acts of nature or unusually severe weather; or any other causes, whether or not of the same class or kind as those specifically above named, which are not within the control of the Town or the Consultant. Consultant shall be entitled to an equitable adjustment in its schedule and cost of performance to account for any delays caused by a force majeure event. [SIGNATURES ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ____________________ , 2020, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] “Consultant” BLACK & VEATCH CORPORATION, a(n) Delaware corporation By: Name: Title: (ACKNOWLEDGMENT) STATE OF ARIZONA COUNTY OF MARICOPA On ________________________ , 2020, before me personally appeared _________________________ , the ___________________ of BLACK & VEATCH CORPORATION, a(n) Delaware corporation, whose identity was proven to me on the basis of satisfactory evidence to be the of the corporation. Notary Public (Affix notary seal here) EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND BLACK & VEATCH CORPORATION [Consultant’s Proposal] See following pages. EXHIBIT A - FOUNTAIN HILLS FOUNTAIN REHABILITATION STUDY DESCRIPTION BACKGROUND & PURPOSE The Town of Fountain Hills is currently celebrating its 30th anniversary of incorporation and 50th anniversary of the commissioning of the Town's namesake fountain. The Town's desire is to perform inspections of the visible portions of the fountain, electrical gear, lake liner, and irrigation system to identify potential rehabilitation improvements for financial planning purposes. Depending on the cost associated with the recommended improvements, mechanical and electrical gear rehabilitations would be performed per the study at the conclusion of the year-long festivities in December 2020 to ensure the fountain's longevity is maintained. Based on previous work with the lake, the Town has requested that Black & Veatch (Consultant) to evaluate and provide possible rehabilitation recommendations. GENERAL PROJECT SCOPE The Improvement Project will be performed by the Consultant in three phases: • Phase I - review of maintenance records, inspection and evaluation of existing fountain mechanical and electrical equipment, fountain electrical and mechanical equipment support structures, and visible sections of the lake liner. Consultant will develop recommendations of potential rehabilitation / replacement improvements for mechanical, electrical, and structural elements of the fountain, as well as logistics options associated with future liner rehabilitation / replacement and water / solids / aquatic life removal & replacement. Consultant will inspect and evaluate the existing park irrigation system and develop recommendations for potential replacement/rehabilitation improvements. (THIS PROJECT). • Phase II - detailed design of recommended and selected improvements as directed by the Town (FUTURE PROJECT). • Phase III - construction administration services for the recommended improvements (FUTURE PROJECT). This scope of work is for the Phase I portion as described herein. The Scope of Services for Phases II and III will be performed under an amendment to this contract at the direction of the Town. EXHIBIT B - FOUNTAIN HILLS FOUNTAIN REHABILITATION STUDY PHASE 1 SCOPE OF SERVICES Task Group 100 - Fountain Lake Condition Assessment Task 101: Structural / Mechanical Equipment Condition Assessment Consultant will take up to two (2) trips with senior and junior civil engineers to the site to assess and document the condition of the existing, accessible assets, including pumps, piping, valves, aerators, fountain lily sculpture, irrigation equipment, strainers, and chemical feed equipment / piping. Consultant, with support from Subconsultant, will utilize a remote operated camera to video inspect the pump discharge piping to the fountain nozzle. Consultant will review the Town's maintenance records, drawings, past memoranda, and inspection reports as well as meet with Town personnel to discuss current operations, availability of spare parts, etc. Town will provide access to land-based equipment as well as what can be seen above the water surface via the Town-owned boat. Divers will be utilized to identify condition of submerged equipment and piping up to three (3) days; additional days or cleaning of fountain pump intake may be provided as a supplemental service. Task 102: Liner Condition Assessment Consultant, with support from Subconsultant, and Town staff will develop a methodology and process to perform a lake leakage test. Depending on weather conditions, Consultant will work with the Town to isolate all lake supplies and irrigation users for a minimum of seven (7) consecutive days ... preferably ten (10) days. Consultant and Town will observe and document lake level, calculate the rate of decline, and compare with published evaporation rates under the same conditions (ambient temperature, humidity, wind speed) to determine if the lake has excessive losses that indicate the liner is leaking. Changes in rate of lake decline will be documented to identify elevation of possible liner leakage. Town will provide five years of daily lake supply flow data. Prior to starting the test, Consultant will create a test procedure including valves to be isolated and lake level monitoring location(s) and work with the Town to identify the maximum test duration and acceptable lake level reduction. Consultant will coordinate with Fountain Hills Sanitary District to ensure supply to the lake can be isolated for the duration of the test. If lake supply cannot be isolated, all inflows and outflows will be metered (using calibrated existing or temporary flow metering equipment). In addition, Consultant will assess the visible portion of lake liner condition around the lake perimeter as well as what may be observed while assessing equipment via the Town-owned boat and during divers' inspection of the submerged mechanical equipment. Due to timing, the leakage study may be performed after equipment assessments. Based on findings from leakage study, use of additional divers to identify condition of inaccessible portions of the liner may be provided as a supplemental service. BL A C K & V Task 103: Electrical / I&C Equipment Condition Assessment Consultant will take up to two (2) trips with senior and junior electrical/I&C engineers to the site to assess and document the condition of the existing electrical/I&C assets, including switchgear, power panels, motors, swing check valve switches, PLC. Consultant will review the Town's maintenance records, drawings, past memoranda, and inspection reports, etc. meet with Town personnel to discuss current operations, availability of spare parts, etc. The Town is currently upgrading / replacing existing fountain spotlights on the lake. Evaluation of the existing lights and conduit is not included in this assessment. Task 104: Electrical Short Circuit and Arc Flash Hazard Analyses Consultant will create a short circuit and arc flash hazard analysis model per the requirements set forth in the current version of NFPA 70E -Standard for Electrical Safety in the Workplace. The arc flash hazard analysis will be performed according to the IEEE Standard 1584 - the IEEE Guide for Performing Arc- Flash Calculations and include the following tasks: • Field Investigation, and data collection • Develop / update computer model & QC • Perform arc flash analysis, develop recommendations for reducing arc flash hazards, and develop Draft report, including QC. o Report will include an executive summary, arc flash analysis principles and procedures, assumptions, results and summary table, recommended protective device setting changes, coordination curves, device and model input data settings, and computer model one-line diagram. The level of effort is based on the following clarifications and exclusions: • The system will be analyzed based on the as-is equipment and settings verified at the time of the field investigation. • Coordination with the utility to obtain the most recent short circuit current fault contribution values for the electric services. • Data collection will begin downstream from the utility service and continue down through the Town's electrical distribution system. The study will not include any single- phase AC circuits or DC distribution systems as these types of circuit and systems are excluded from IEEE 1584-2002 Arc Flash calculation guidelines. The study will not include equipment rated 240 volts or less per NFPA 70E, when supplied by a single transformer rated less than 125 kVA. The study will not include small motors below 50 HP per IEEE 1584-2002. • Owner shall provide qualified personnel to provide Consultant access to all equipment for nameplate data collection. • The Consultant will visually observe the equipment ratings, conductor ratings and overcurrent device data when panels, covers and doors are removed by Others' qualified personnel where required to document the necessary data used in the analysis. Consultant BL A C K & V can perform these observations with the equipment energized provided the incident energy values are less than 40 cal/cm2. Greater values or unusual site conditions will require an equipment shutdown so the equipment can be inspected when de-energized. Where incident energy values cannot be verified, the Consultant shall follow the guidelines of NFPA 70E Table 130.7(C)(15)(a) for personal protective equipment recommendations based on equipment class and rating. • The incident energy values will be based on the worst-case operating scenario. The analysis shall consider all practical operating scenarios for the facility. • The arc flash protection boundary and the incident energy shall be calculated at electrical distribution system locations where work could be performed on energized parts (i.e. Switchboards, Switchgear, Motor Control Centers, Panelboards, and Industrial control panels per the NEC and NFPA 70E). Industrial control panels will be defined as panels such as stand-alone motor starters and circuit breakers, and equipment control panels with voltages greater than 240V. • Safe working distances shall be based upon the calculated arc flash protection boundary considering an incident energy of 1.2 cal/cm2 with a max clearing time of 2 seconds in accordance with IEEE 1584. • When performing incident energy calculations, the line side of the main, integral, breaker shall be used as the point of analysis for a given piece of equipment per IEEE 1584 guidelines. Fault contributions from both the line and load side shall be used when performing the calculation. • Any recommended protective device setting changes included in the analysis shall be incorporated and changed by the Town prior to installation of the labels by Contractor. • Labels will follow the Town's standard label requirements (or B&V recommended standard if no standard is in place). Task Group 100 Deliverables: • Findings from Tasks 101-103 will be discussed at monthly meetings and documented in final Technical Memorandum (Task 500) • Draft and Final Short Circuit & Arc Flash Hazard Analyses Report - two hard copies, and one electronic copy, each • Print and install Arc Flash labels on electrical equipment Task Group 200 - Evaluation of Fountain Options and Improvements For each concept-level option identified under each task below, decision criteria will be created to assist in determining which option the Town will utilize for budgeting purposes. Decision criteria will include a combination of economic factors (initial capital cost, return on investment, etc.), and non-economic factors (i.e. improved maintenance, impact to local community, construction duration, odors, relationship with other stakeholders / Fort McDowell Tribe, etc.). Task 201: Structural / Mechanical Equipment Improvement Options Based on results of Task 101, Consultant will provide up to three (3) improvement options for the Town. Options could include, but are not limited to, continued maintenance of existing equipment, partial rehabilitation / replacement, or full replacement of pumps, piping, valves and aerators. Options will be presented using sketches and/or mark-up of photographs taken for depiction. Note, the concrete fountain lily sculpture or the custom nozzle are not anticipated to be replaced. However, some concrete repairs may be recommended. Task 202: Liner Improvement Options Based on results of Task 102, Consultant will provide up to three (3) options for liner improvements. Options could include, but are not limited to, continued monitoring / periodic leakage testing (assuming drainage rate equates to evaporation), partial or full lake draining and repair (assuming initial observed drainage rate is greater than calculated evaporation but quickly slows (liner damage near surface) or is consistent (liner damage below level of test)), or full lake draining and complete liner replacement (would only be confirmed after full lake drained and visual inspection of liner). Task 203: Electrical Equipment Improvement Options Based on results of Task 103, Consultant will provide up to three (3) improvement options associated with the main electrical switchgear. Options could include, but are not limited to, continued regular maintenance of the existing gear, full replacement of existing gear in the same location, or full replacement of existing gear outdoors and installation of new adjustable frequency drives (AFDs) in the current switchgear location. Consultant will provide up to two (2) improvement options associated with the ancillary electrical equipment. Options could include, but are not limited to, continued regular maintenance of pump motors or aerators, or full replacement. Options will be presented using concept-level plan and elevations, sketches, and/or mark-up of photographs taken for depiction. Any proposed utility connections and improvements will be provided schematically. Short circuit and arc flash analyses for proposed improvements may be provided as a supplemental service. Task 204: I&C Equipment Improvement Options Based on results of Task 103, Consultant will provide up to two (2) improvement options associated with I&C equipment (swing check switches and PLC). Options could include, but are not limited to, continued regular maintenance of I&C equipment or replacement of check valve switches and updated PLC system that can be controlled remotely (phone app) / monitored (real time on website / maintenance PLCs). Options will be presented using sketches, and/or mark-up of photographs taken for depiction. Any proposed utility connections and improvements will be provided schematically. Task Group 300 - Fountain / Liner Logistics The following activities will be performed to evaluate logistical options associated with future liner rehabilitation / replacement or other improvements associated with the irrigation source. BL A C K & V Task 301: Logistics Evaluation Rehabilitation / replacement of land-based mechanical and electrical equipment as well as any perimeter lake liner should be able to be completed with minimal impact to fountain operation. However, based on the results of Task 103, a larger-scale liner rehabilitation or replacement may be required at some point in the future and require draining the lake. The main issues associated with lake drainage are: 1) aquatic life mitigation, 2) water disposal, 3) sludge / sediment disposal, and 4) how to maintain vegetation during construction. Task 301A: Aquatic Life Mitigation Evaluation Consultant will identify up to three (3) options associated with aquatic life mitigation. Options could include, but are not limited to, requirements and costs of testing existing species per Arizona Game and Fish requirements to determine if species can be transferred to another regulated body of water identification of salvage companies and/or non-profits to save as many of the existing populations as possible, or removal and restocking of existing aquatic life. Task 301B: Water Disposal Evaluation The last time the lake was drained, existing washes were utilized for water disposal. Since then, multiple downstream developments have been completed. Consultant will Identify up to two (2) options for draining the 100 million gallons contained within the lake as well as the associated environmental permitting required to do so including, but not limited to, using the same wash(es) previously used. Task 301C: Sludge Disposal Evaluation The last time the lake was drained, the Town received multiple odor and midge fly complaints when sludge was air dried. While the air-drying sludge option is still available, it should be done at last resort. Consultant will identify up to two (2) options to air-drying including, but not limited to, rental or purchase of temporary mechanical dewatering equipment, and sludge removal logistics (landfill or nearby farming). Task 301D: Vegetation Maintenance A complete liner replacement will take multiple months to complete and would likely be done during the summer (lowest tourist season impact). Consultant will identify up to two (2) options for Town to maintain the existing vegetation / turf currently served from the existing irrigation system including, but not limited to, use of Sanitation District's advanced water treatment (AWT) effluent or potable water. Task Group 300 Deliverables: • None; findings will be discussed at monthly meetings and documented in final Technical Memorandum (Task 500). Task Group 400 - Irrigation System Assessment & Improvement Options Task 401: Irrigation System Condition Assessment Consultant's subconsultant will review existing configuration of irrigation piping and maintenance records and meet with Town personnel in the field to discuss desired reduction in duration of irrigation system operations. This field visit is anticipated to take 5 hours total including travel time to and from the site. The site visit with Town staff will include a review of the existing irrigation system controls, and equipment as well as a field walk with Town staff to identify areas of irrigation related concerns and issues. The subconsultant will have two (2) representatives - certified irrigation designer and irrigation designer - at the field meeting. Task 402: Irrigation System Improvement Options Based on results of Task 401, the Consultant's subconsultant will identify up to two (2) of the most viable options to meet the Town's desired goal of reducing irrigation run time durations. Options could include, but are not limited to, modification/replacement of existing irrigation pumps, piping (addition of second piping loop), valve configuration, and an evaluation of the current irrigation control system. Type of options for alternatives chemical(s) utilized for salinity reduction is not part of this study. Options will be presented using cost estimates, sketches, manufacturer cut sheets, and/or mark-up of photographs taken for depiction. Task 403: Permanent Irrigation Storage The Town has considered utilizing Sanitation District AWT effluent for irrigation. Due to space constraints at the AWT, the Sanitation District has indicated the Town would be responsible for sizing and locating a storage tank in / near the park. Consultant will develop conceptual-level improvements for sizing and siting an irrigation storage tank including: • Town will provide five years of monthly irrigation flow data. Consultant will review data to identify optimal required tank storage volume. • Consultant will also compare the inflow rates provided in Task 102 with the irrigation use (outflow) rates over the course of the year. Depending on the findings, it may be determined the reduction in inflow may have negative unintended consequences such as impact to aquatic life due to higher salinity concentrations, or additional mechanical or chemical treatment to prevent odors, etc. • Once volume is identified and agreed to by Town, Consultant will develop concept-level plans and sections for siting the tank in up to two (2) locations. • Concepts will include: o points of connection with existing irrigation system o points of connection with AWT o points of connection with alternative (potable) source if AWT is offline • If desired to explore further, consultant's sub-consultant will identify up to two (2) options for dual use of the reservoir, including, but not limited to, recreational use of reservoir deck, landscaping over a buried reservoir as a supplemental service. BL A C K & V Task Group 400 Deliverables: • None; findings will be discussed at monthly meetings and documented in final Technical Memorandum (Task 500). Task 500 - Technical Memorandum Consultant and subconsultant will summarize condition assessment findings, review of operating and work order history, discussions with the Town, improvement options, and other logistics evaluations as described in Task Group 100, 200, 300, and 400 in Draft Technical Memorandum for Town review and comment. Consultant and subconsultant will review Town comments, incorporate agreed upon comments and deliver a Final Technical Memorandum. Task Group 500 Deliverables: • Draft and Final electronic (pdf) submittal of Technical Memorandum #1 - Fountain System Improvements Study Task Group 600 - Project Management Task 601: General Management and Administration The Consultant will provide general coordination of the project with Town staff to facilitate the project. Consultant will develop and maintain the Phase I project schedule and perform other administrative functions including maintaining project data files, tracking project progress and invoicing. Phase I project management documentation will consist of monthly progress reports and schedule updates. The monthly project reports will summarize the work progress and project schedule status. Task 602: Conduct Project Kickoff Meeting and Monthly Progress Meetings At the project kickoff meeting, Consultant will present the scope of the initial assessment planning and the preliminary schedule. The meeting will include Consultant and Town staff and is intended to develop a common understanding of the background, Phase I evaluation project goals and objectives, lines of communication, and issues that may affect Phase I execution including coordination with Town to facilitate field evaluations. Kickoff meeting topics will include the following: • Confirmation of existing conditions • Confirmation of project components • Confirmation of any data needs / requests • Coordination with any ongoing work by others • Budget constraints For subsequent Phase I progress meetings, the Consultant will prepare meeting documentation and conduct meetings to discuss the progress, direction and technical aspects of the project. Project documentation will consist of preparing and distributing meeting agendas and minutes. Consultant will provide draft meeting minutes to the Town for review and will summarize key discussions, comments, decisions, and any action items required. Final minutes incorporating comments from the Town on the draft minutes, as required. Up to three (3) additional project progress meetings are anticipated as part of BL A C K & V the work scope tasks. Each hour-long meeting is anticipated to be attended by the project manager and lead civil engineer; additional lead discipline engineers and subconsultant will attend based on the topic. It is anticipated the Subconsultant will attend the kickoff meeting and one (1) progress meeting. Task 603: Conduct Council Presentation of Findings Consultant will utilize the outcomes of tasks 100-500 to prepare non-technical figures to summarize the study findings for presentation to the Town Council and publication for the public. Information will include overview of completed study and plan for Phase II process. Presentation information is anticipated to include PowerPoint presentation, one (1) visual aid board, and 8.5"x11" (or smaller) handout. Consultant will prepare for and attend one council meeting. Task Group 600 Deliverables: • Meeting Agenda and Minutes, with Action Items • Draft and Final Materials for Council Presentation • Document and Data Request Log • Action Items and Decision Log • Monthly Invoices, Progress Reports, and Project Schedule Updates SCHEDULE See attached Schedule Exhibit C. BUDGET See attached Level of Effort Exhibit D. SUPPLEMENTAL SERVICES Any additional work requested by the Town that is not included in this scope of services will be treated as supplemental services or included in a subsequent detailed design task. The scope and fee associated with these additional supplemental services shall be agreed upon by Town and Consultant generally before the work is performed. • Additional days of diver service to assess liner condition or cleaning of the pump station intake • Public outreach / comment period for proposed rehabilitation o Cost impacts (bonds / rates, etc.) o Aesthetic impacts of construction • Short circuit and arc flash hazard analyses after any proposed electrical improvements • Assessment of pump station / electrical room building, roof, and/or ventilation/HVAC • Options for dual use / landscaping of permanent irrigation storage • Further discussion / coordination with the Fort McDowell Tribe to explore and confirm the Tribe's assertion that the influence of treated effluent on their potable water is from the Town's lake or another source (i.e. Sanitation District ASR wells) BL A C K & V • Meetings with other stakeholders as identified 2 3 4 5 6 7 8 9 10 11 12 13 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Task Name Duration Start Finish Predecessor NTP 1 day Mon 4/20/2C Mon 4/20/20 Fountain Lake Condition Assessment 119 days Tue 5/5/20 Fri 10/16/20 Structural / Mechanical Equipment 15 days Tue 5/5/20 Mon 5/25/20 1FS+10 day Liner 20 days Mon 9/21/20 Fri 10/16/20 Electrical / I&C Equipment 15 days Tue 5/5/20 Mon 5/25/20 1FS+10 day Short Circuit & Arc Flash Analyses 25 days Tue 5/26/20 Mon 6/29/20 5 Evaluation of Options and Improvements 114 days Tue 5/26/20 Fri 10/30/20 Structural / Mechanical Equipment Improvement Options 30 days Tue 5/26/20 Mon 7/6/20 3 Liner Improvement Options 10 days Mon 10/19/2 Fri 10/30/20 4 Electrical Equipment Improvement Options 25 days Tue 5/26/20 Mon 6/29/20 5 I&C Equipment Improvement Options 25 days Tue 5/26/20 Mon 6/29/20 5 Logistics / Other Improvements Evaluation60 days Tue 5/19/20 Mon 8/10/2( Logistics Evaluation 60 days Tue 5/19/20 Mon 8/10/2( Irrigation Assessment & Improvement Options 70 days Tue 5/19/20 Mon 8/24/20 Irrigation System Condition Assessment 10 days Tue 5/19/20 Mon 6/1/20 29FS+10 da Irrigation System Improvement Options 20 days Tue 6/2/20 Mon 6/29/20 19 Permanent Irrigation Storage 50 days Tue 6/16/20 Mon 8/24/20 1FS+40 day Technical Memorandum 101 days Tue 6/30/20 Tue 11/17/21 Develop TM 90 days Tue 6/30/20 Mon 11/2/20 10 Internal QC & Comment Incorporation 10 days Tue 11/3/20 Mon 11/16/2 23 Deliver to Town 1 day Tue 11/17/20Tue 11/17/20 24 Project Management 171 days Tue 4/21/20 Tue 12/15/21 General Management and Administration 165 days Tue 4/21/20 Mon 12/7/20 1 Project Kickoff and Monthly Progress Meetings 90 days Mon 5/4/20 Mon 9/7/20 Kickoff Meeting 0 days Mon 5/4/20 Mon 5/4/20 1FS+10 day Monthly Meeting #1 0 days Mon 6/1/20 Mon 6/1/20 29FS+20 da Monthly Meeting #2 0 days Mon 6/29/20 Mon 6/29/2030FS+20 da Monthly Meeting #3 0 days Mon 7/27/20 Mon 7/27/2031FS+20 da Monthly Meeting #4 0 days Mon 9/7/20 Mon 9/7/20 32FS+30 da Council Communication / Presentation (non- technical) 0 days Tue 12/15/20 Tue 12/15/20 25FS+20 days / 29 r o j e c t : lack & Owner: Town of Fountain Hills Project: Fountain Rehabilitation Study Supplemental Services (Owner's Allowance) PHASE/Task (Billing Rate, $$,Hr.) WORK BREAKDOWN STRUCTURE PHASE TOTAL Billings Project Director Project Manager Admin (Graphics) Civil Sr. Engineer Civil Engineer Civil QC Structural Sr. Engineer Proc Mech Sr. Engineer Electrical / I&C QC Electrical Sr. Engineer Electrical Engineer I&C Sr. Engineer I&C Sr. Engineer I&C Engineer Sr. Estimator Admin SUBTOTAL, hours SUBTOTAL, Billings $ SUBTOTAL, EXPENSES SUBTOTAL, SUBS $270.00 $225.00 $100.00 $185.00 $135.00 $210.00 $185.00 $185.00 $210.00 $185.00 $135.00 $185.00 $205.00 $135.00 $185.00 $100.00 Fountain Lake Condition Assessment 0100 - - - - - - - - - - - - - - - - - $ - $ - $ - $ - Structural / Mechanical Equipment 0101 8 32 4 44 $ 6,860 $ - $ 13,650 $ 20,510 Liner 0102 2 44 46 $ 6,390 $ - $ - $ 6,390 Electrical / I&C Equipment 0103 2 4 8 6 20 $ 3,080 $ - $ 1,656 $ 4,736 Short Circuit & Arc Flash Analyses 0104 2 8 40 50 $ 7,330 $ - $ - $ 7,330 Evaluation of Options and Improvements 0200 - $ - $ - $ - $ - Structural / Mechanical Equipment Improvement 0201 2 2 1 12 1 4 2 24 $ 3,775 $ - $ - $ 3,775 Liner Improvement Options 0202 2 2 1 12 1 18 $ 2,665 $ - $ - $ 2,665 Electrical Equipment Improvement Options 0203 1 2 2 8 32 45 $ 6,495 $ - $ - $ 6,495 I&C Equipment Improvement Options 0204 1 2 2 12 17 $ 2,485 $ - $ - $ 2,485 Logistics / Other Improvements Evaluation 0300 - $ - $ - $ - $ - Logistics Evaluation 0301 - $ - $ - $ - $ - Aquatic Life Mitigation 301A - 2 2 1 14 - - - - - - - - - - - 19 $ 2,725 $ - $ - $ 2,725 Water Disposal 301B - 2 2 4 16 - - - - - - - - - - - 24 $ 3,550 $ - $ - $ 3,550 Sludge Disposal 301C - 2 2 1 12 - - - - - - - - - - - 17 $ 2,455 $ - $ - $ 2,455 Vegetation Maintenance 301D 2 2 12 16 $ 2,270 $ - $ - $ 2,270 Irrigation Assessment & Improvement Options 0400 - $ - $ - $ - $ - Irrigation System Condition Assessment 0401 1 4 5 $ 765 $ - $ 1,861 $ 2,626 Irrigation System Improvement Options 0402 2 4 6 $ 990 $ - $ 5,239 $ 6,229 Permanent Irrigation Storage 0403 4 2 12 36 4 4 2 2 66 $ 10,500 $ - $ - $ 10,500 Technical Memorandum 0500 2 10 12 32 8 2 4 16 2 8 4 4 104 $ 15,580 $ - $ 5,312 $ 20,892 Project Management 0600 - $ - $ - $ - $ - General Management and Administration 0601 4 4 12 20 $ 2,640 $ - $ - $ 2,640 Project Kickoff and Monthly Progress Meetings 0602 2 8 4 8 4 4 4 34 $ 5,640 $ - $ 1,825 $ 7,465 Council Communication / Presentation 0603 2 4 8 - 4 - - - - 2 - - 2 - - - 22 $ 3,560 $ 350 $ - $ 3,910 Total, Hours 4 53 38 32 250 14 12 2 2 32 100 6 2 30 4 16 597 Total, Billings $ 1,080 $ 11,925 $ 3,800 $ 5,920 $ 33,750 $ 2,940 $ 2,220 $ 370 $ 420 $ 5,920 $ 13,500 $ 1,110 $ 410 $ 4,050 $ 740 $ 1,600 $ 89,755 $ 350 $ 29,543 $ 119,648 $ 20,000 || Total w/ allowance || $ 139,648 | DERIVATION OF COST PROPOSAL: DESIGN SERVICES Town of Fountain Hills Fountain Rehabilitation Study Black and Veatch J2 Engineering and Environmental Design, LLC Task 401 Irrigation System / Splash Pad Condition Assessment $1,861.00 Task 102 Liner Condition Assessment $1,656.00 Task 402 Irrigation System / Splaah Pad Improvement Options ■ $7,807.00 $5,239.04 Task500 Technical Memorandum $5,002.00$5,311.88 ~Task403 PermanentInigdliun Otuiaye$1,161.00— Task 601 Project Management $1,825.00 Total J2 Fee All Task -$19,012.0t£- $15,892.92 DERIVATION OF COST PROPOSAL: DESIGN SERVICES TASK 102 Town of Fountain Hills Fountain Rehabilitation Study Black and Veatch J2 Engineering and Environmental Design, LLC Estimated direct labor and rates Classification Estimated Hours Weighted Rates Total Project Manager - Sr 2 $208.66 $417.32 Project Engineer - Sr. 4 $180.70 $722.80 Project Engineer 4 $128.88 $515.52 Registered Landscape Architect 0 $123.42 $0.00 Designer 0 $83.39 $0.00 Designer - Sr 0 $120.63 $0.00 Total Hours 10 Total Labor $1,655.64 Total Estimated Labor: $1,655.64 Estimated Direct Expenses Estimated Expenses Total Estimated Labor and Overhead: Total $1,655.64 Printing, Reproduction, Reprographics, Supplies Etc. * Included in Overhead * $0.00 Total Direct Expenses $0.00 Subconsultants: Design None $0.00 Total Estimated Outside Services: Total Estimated Cost J2 and Subconsultant $0.00 $1,655.64 J2 Engineering and Environmental Design LLC Total Cost: $1,656.00 J 1/21/2020 JefflEngelntenn, RLA, ASLA Principal Date Task Number Task: Project Manager - Sr Project Engineer - Sr. Project Engineer Registered Landscape Architect Designer Designer - Sr Total 102 Liner Condition Assessment Lake Leakage Tests Means and Methods 1 2 0 3 Lake Leakage Calculations from Tests Results 1 2 4 7 0 Grand Total Design: 2 4 4 0 0 0 10 Town of Fountain Hills Fountain Rehabilitation Study Black and Veatch J2 Engineering and Environmental Design, LLC Estimated direct labor and rates Total Labor $1,861.29 Total Estimated Labor: Total Estimated Labor and Overhead: Total Project Manager - Sr 0 $208.66 $0.00 Project Engineer - Sr. 0 $180.70 $0.00 Project Engineer 0 $128.88 $0.00 Registered Landscape Architect 9 $123.42 $1,110.78 Designer 9 $83.39 $750.51 Designer - Sr 0 $120.63 $0.00 Estimated Hours Classification Weighted Rates Total Total Hours 18 ~r Printing, Reproduction, Reprographics, Supplies Etc. * Included in Overhead * $0.00 Estimated Direct Expenses Estimated Total Direct Expenses 1 ) e f f E n g e l m a n n , R L A , A S L A Task Number Task: Project Manager - Sr Project Engineer - Sr. Project Engineer Registered Landscape Architect Designer Designer - Sr Total 401 Irrigation System / Splash Pad Condition Assessment Site Field Visit to Investigate Existing Irrigation System and Splash Pad Components 5 5 10 Site Field Visit Memo/Notes 4 4 8 0 Grand Total Design: 0 0 0 9 9 0 18 Town of Fountain Hills Fountain Rehabilitation Study Black and Veatch J2 Engineering and Environmental Design, LLC 3, 2 08 .0 2 7 , 00 7. 4 0 Total Estimated Labor: Total Estimated Labor and Overhead: Total J2 Engineering and Environmental Design LLC Total Estimated Outside Services: Total Estimated Cost J2 and Subconsultant Printing, Reproduction, Reprographics, Supplies Etc. * Included in Overhead * $0.00 Estimated Direct Expenses Estimated Total Direct Expenses Task Number Task: Project Manager - Sr Project Engineer - Sr. Project Engineer Registered Landscape Architect Designer Designer- Sr Total 402 Irrigation System"/ Splash Pad Improvement Options Develop two (2) viable options for Irrigation System Upgrades 12 8 20 Develup Iwu (2) upliuns fui SJJICJSII Pad MuJiHualiuriS —I"fr Graphics, Plan Views, Cut Sheets, Sections, Photo Markups for Report 4 8 16 28 0 Grand Total Design: 0 0 0 26 32 16 74 DERIVATION OF COST PROPOSAL: DESIGN SERVICES TASK 403 Town of Fountain Hills Fountain Rehabilitation Study Black and Veatch J2 Engineering and Environmental Design, LLC Estimated direct labor and rates x- .■ Estimated . , Classification Weighted Rates Total Total Labor $1,160.80 Total Estimated Labor: Total Estimated Labor and Overhead: Total Project Onager - Sr 0 $208.66 $0.00 Project Engine^ - Sr. 0 $180.70 $0.00 Project Enginee\ 0 $128.88 $0.00 Registered Landscape Architect \ 4 $123.42 $493.68 Designer \ 8 $83.39 $667.12 Designer - Sr $120.63 $0.00 Total Hours 12 \ Printing, Reproduction, Reprographics, Supplies Etc. * Included in Overhead * \ $0.00 Estimated Direct Expenses Estimated Expenses Total Direct Exposes J2 Engineering and Environmental Design LLC Total Estimated Outside Services: Total Estimated Cost J2 and Subconsultant 1/21/2020 Jeff'Ertgelmann, RLA, AS LA Principal DERIVATION OF COST PROPOSAL: DESIGN SERVICES TASK 500 Town of Fountain Hills Fountain Rehabilitation Study Black and Veatch J2 Engineering and Environmental Design, LLC Total Estimated Labor: Total Estimated Labor and Overhead: Classification Estimated Hours Weighted Rates Total Project Manager - Sr 6 $208.66 $1,251.96 Project Engineer - Sr. 6 $180.70 $1,084.20 Project Engineer 8 $128.88 $1,031.04 Registered Landscape Architect 9 $1110.78 40 IJnzJ.4z Designer 10 $833.90 o J Designer - Sr 0 $120.63 $0.00 Total Hours 39 43- Total Labor $5311.88 $5,602.08 Estimated direct labor and rates Estimated Direct Expenses Total Expenses Printing, Reproduction, Reprographics, Supplies Etc. * Included in Overhead * $0.00 Total Direct Expenses Jeff Engelmann, RLA, ASLA Principal D at e Task Number Task: Project Manager - Sr Project Engineer - Sr. Project Engineer Registered Landscape Architect Designer Designer - Sr Total 500 Technical Memorandum Initial Technical Memorandum for Lake Leakage, Irrigation, Spray Pad Submittal 1 4 5 3 7 20 4 8" 22 QAQC Technical Memorandum and Cost Data 2 2 4 0 Final Technical Memorandum for Lake Leakage, Irrigation, Spray Pad i 2 3 2 3 11 QAQC Technical Memorandum and Cost Data 2 2 4 Grand Total Design: 6 6 8 10 12 0 42 DERIVATION OF COST PROPOSAL: DESIGN SERVICES TASK 601 Town of Fountain Hills Fountain Rehabilitation Study Black and Veatch J2 Engineering and Environmental Design, LLC Estimated direct labor and rates Glassification Total Labor $1,824.72 Project Manager - Sr 0 $208.66 $0.00 Project Engineer - Sr. 6 $180.70 $1,084.20 Project Engineer 0 $128.88 $0.00 Registered Landscape Architect 6 $123.42 $740.52 Designer 0 $83.39 $0.00 Designer - Sr 0 $120.63 $0.00 Total Estimated Labor: Total Estimated Labor and Overhead: Total Printing, Reproduction, Reprographics, Supplies Etc. * Included in Overhead * $0.00 Estimated Direct Expenses Estimated Expenses Total Direct Expenses ef f En ge i ma nh . T^ LA , AS LA P ri nc i pa l Task Number Task: Project Manager - Sr Project Engineer - Sr. Project Engineer Registered Landscape Architect Designer Designer - Sr Total 601 Project Management Kickoff Meeting (1) 3 3 6 Progress Meeting (1) 3 3 6 0 Grand Total Design: 0 6 0 6 0 0 12 E R V I C Rubicon Applied Divers 12141 N. Sunset Vista Drive Fountain Hills, AZ 85268 Main: 602-258- 1116 FAX: 480-214-0118 www.applieddiving.com Arizona License No. ROC 160416 California License No. 942354 RUBICON APPLIED DIVERS - PROPOSAL “Excellence in a Rugged Environment” © O n RAD Quote#: 20-174 Client: Black and Veach Contact: Mike Caruso Location: Fountain Hills, AZ CONFIDENTIALITY E R V I C This document is the exclusive property of Rubicon Applied Divers, Inc. It has been provided for the purpose for which it has seen supplied and is not for general disclosure. The person or entity receiving this document agrees to ensure the information contained herein is only disclosed to those persons or entities having a legitimate right to receive it. The recipient should :urther note that this document is not to be distributed or disclosed in whole or in part to any third parties without the prior written consent of Rubicon Applied Divers, Inc. E R V I C Rubicon Applied Divers 12141 N. Sunset Vista Drive Fountain Hills, AZ 85268 Main: 602-258-1116 FAX: 480-214-0118 www.applieddiving.comArizona License No. ROC 160416 California License No. 942354 1 INTRODUCTION 1.1 REGULATIONS- All services will be performed in accordance with OSHA, confined space protocols as well as all federal, state, and local Regulations & Guidelines. 2 GENERAL CRITERIA SCOPE OF WORK Black and Veach is requesting a quote to perform a survey of the fountain intake structure, fountain feed piping, general fountain structure, and lake liner, as directed. Tactile inspection will prevail and video documentation as turbidity allows Client: Black and Veach Contact: Mike Caruso, carusome@bv.com Address: 2231 East Camelback Road #250 Phoenix, AZ 85016 Phone Number: Cell: 480-298-2607 Location: Fountain Hills Lake Terms: Net 30 Water Depth/Type: 15'/contaminated - tertiary feed Validity: 120 Days Project Date: TBD Project Duration: Approximately (3) 8-hour Onsite Work Days “ Exc el len ce in a Ru gg e d E nv i ro nm e nt ' E R V I C Rubicon Applied Divers “E xc e ll en c e i n a R ug ge d En vi r on me n t' E R S O N N E L 1 - S u p e r v i s o r 2 - D i v e E R S O N N E L O V E R T I M E R A T E ( A F T E R 8 H E R V I C 12141 N. Sunset Vista Drive Fountain Hills, AZ 85268 Main: 602-258-1116 FAX: 480-214-0118 www.applieddiving.comArizona License No. ROC 160416 California License No. 942354 E R V I C ■ Personnel ■ Equipment E R V I C ■ All Consumables 6.1 MOBILIZATION / DEMOBILIZATION Included in above pricing In the event of a conflict between any terms and conditions or other agreement between COMPANY and Applied Diving Services, Inc., the terms and conditions will control; except as may be specifically agreed to in writing by both parties and signed by authorized representative. 7 CONDITIONS OF RATES 7.1. The CONTRACTOR will not absorb any weather downtime issues incurred for the duration of the project. 7.2. CONTRACTOR proposal is contingent upon availability of personnel and equipment. 7.3. CONTRACTOR'S proposal excludes all unforeseen applicable federal and state charges. If charges are relevant to this job, CONTRACTOR will submit price at Cost Plus 15%. E R V I C Rubicon Applied Divers 12141 N. Sunset Vista Drive Fountain Hills, AZ 85268 Phone (602)258- 1116 Fax (480)214-0118 Return to the Attention of Steve Moses smoses@rubiconfab.com Date: March 17,2020 i Subject: Proposal Number: 20-174 \Ne hereby acknowledge receipt and confirm our full acceptance of the documents referred to under the subject and hereby fully agree on the contents of it without any reservation whatsoever. Dated: Company: Printed Name: Authorized Signature: PO: ACCOUNTS PAYABLE EMAIL: Rubicon Applied Divers 12141 N. Sunset Vista Drive KUIilC?|PN Fountain Hills, AZ 85268 Main: 602-258-1116 FAX: 480-214-0118 “Excellence in a Rugged Environment” www.applieddiving.com Arizona License No. ROC 160416 California License No. 942354 ATTACHMENT 1 - ACKNOWLEDGEMENT OF CONTRACT 04/14/2020 11:50 |TOWN OF FOUNTAIN HILLS |P 1 BBogdan |BUDGET AMENDMENTS JOURNAL ENTRY PROOF |bgamdent LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION PREV BUDGET AMENDED ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUDGET ERR____________________________________________________________________________________________________________________________________ YEAR-PER JOURNAL EFF-DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND 2020 10 35 04/21/2020 STUDY LAKE LINER BUA P3038 1 1 1 CIPSTO 8085 D6055 STORMWATER CAP PROJ STORMWATER/DRAINAGE IMPROVEMEN 50,000.00 -50,000.00 .00 600-40-30-304-000-1960-8085-D6055 MOVE TO P3038 04/21/2020 2 CIPPR 8070 P3038 PARK & REC CAP PROJECTS PARK IMPROVEMENTS .00 50,000.00 50,000.00 600-50-50-502-000-1602-8070-P3038 FROM D6055 04/21/2020 ** JOURNAL TOTAL 0.00